The Haryana Urban Development Authority Act, 1977
Chapter II ESTABLISHMENT OF AUTHORITY
Chapter II ESTABLISHMENT OF AUTHORITY
3. Establishment and constitution of Authority
- (1) With effect from such date as the State Government may, by notification, specify in this behalf, the State Government shall establish for the purposes of this Act, an Authority to be known as the Haryana Urban Development Authority with headquarter at such place as the State Government may specify.
- (2) The Authority shall be a body corporate [as well as a local authority] by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract; and shall, by the said name, sue and be sued.
- (3) The Authority shall consist of a Chairman, a Vice-Chairman, a Chief Administrator, and such other members, not more than twelve and not less than six, as the State Government may, from time to time, by notification, appoint:
Chapter II ESTABLISHMENT OF AUTHORITY
4. Provided that the number of non-official members shall not at any time exceed three.
Terms of office and conditions of service of members
- (1) The terms of office and conditions of service of the members shall be such, as may be prescribed.
- (2) The Chief Administrator shall be entitled to receive from the fund of the Authority such salary and such allowances, if any, as maybe prescribed.
- (3) Any member, other than the Chief Administrator, may be paid from the fund of the Authority such allowances, if any, as may be prescribed.
- (4) The members shall hold office during the pleasure of the State Government.
- (5) A member may resign his office by giving notice in writing to the State Government and, on such resignation being accepted by the State Government, he shall cease to be a member.
Chapter II ESTABLISHMENT OF AUTHORITY
5. Power to remove members
The State Government may remove, from office, any member—
- (i) who, without excuse, sufficient in the opinion of the State Government, is absent from four consecutive meetings of the authority;
- (ii) who has, in the opinion of the State Government, so abused his position as a member as to render his continuance on the Authority detrimental to the interest of the Authority.
Chapter II ESTABLISHMENT OF AUTHORITY
6. Filling of vacancies
Upon occurrence of any vacancy in the office of the Chairman, Vice-Chairman, Chief Administrator or member, a new Chairman, Vice-Chairman, Chief Administrator or members, as the case may be, shall be appointed.
Chapter II ESTABLISHMENT OF AUTHORITY
7. Meetings
- (1) The Authority shall meet at such times and places and subject to the provisions of sub-sections
- (2) and
- (3) observe such rules of procedure in regard to the transaction of its business at such meetings as may be provided by regulations.
- (2) At every meeting of the Authority, the Chairman if present, or in his absence, the Vice-Chairman, and if there be no Chairman or Vice-chairman, present, then, any one of its members, whom the members present may elect, shall preside.
- (3) All questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the member presiding shall have a second or casting vote.
- (4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for the purpose, which shall be signed at the next ensuing meeting by the member presiding at such meeting and shall be open to inspection by any member during office hours.
- (5) For the transaction of business at a meeting of the Authority, the quorum shall be one-third of the number of members actually serving for the time being but shall not, in any case, be less than four.
Chapter II ESTABLISHMENT OF AUTHORITY
8. Appointment of committees
Subject to any rules made in this behalf, the Authority may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the Authority and in particular for the purpose of ensuring the efficient maintenance of public amenities and development projects.
Chapter II ESTABLISHMENT OF AUTHORITY
9. Temporary association of persons
- (1) The Authority or any committee appointed under section 8 may associate with itself in such manner and for such purpose, as may be prescribed, any person whose assistance or advice it may require in performing any of its functions under this Act.
- (2) Any person associated with it by the Authority under sub-section
- (1) for any purpose shall have a right to take part in the discussion of the Authority relevant to that purpose but shall not have a right to vote at a meeting.
Chapter II ESTABLISHMENT OF AUTHORITY
10. Validation of acts and proceedings
No act done or proceedings taken under this Act shall be questioned on the ground merely of—
- (a) the existence of any vacancy in, or any defect in the constitution of, the Authority;
- (b) any person, associated under section 9, having voted in contravention of the provisions of this Act in this behalf;
- (c) the failure to serve a notice on any person where no substantial injustice has resulted from such failure;
- (d) any omission, defect or irregularity not affecting the merits of the case.
Chapter II ESTABLISHMENT OF AUTHORITY
11. Staff
- (1) Subject to such control and restrictions, as may be prescribed, the Authority may appoint such number of officers and other employees including experts for technical and legal work, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
- (2) The officers and others employees of the Authority shall be entitled to receive, from the fund of Authority, such salaries and allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
- (3) The exercise of any powers or discharge of any duties or functions under sub-section
- (1) by any officer or other employee shall be subject to such restrictions, conditions and limitations, if any, as may be laid down by the Authority, and shall also be subject to its control and supervision.
Chapter II ESTABLISHMENT OF AUTHORITY
12. General disqualifications of officers and employees
No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contract by or on behalf of the Authority, or any employment under, by or on behalf of the Authority otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority.
Chapter II ESTABLISHMENT OF AUTHORITY
13. Objects and functions of Authority
The objects of the Authority shall be to promote and secure the development of all or any of the areas comprised in the urban area and for that purpose, the Authority shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by itself or through any agency on its behalf, building, engineering, mining and other operations, to execute works in connection with supply of water, treatment and disposal of sewage, sullage and storm water, control of pollution and any other services and amenities and generally to do anything, with the prior approval, or on direction, of the State Government, for carrying out the purposes of this Act.
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