Chapter VI RELATIONS BETWEEN THE GOVERNMENT, THE AUTHORITY AND THE LOCAL AUTHORITIES, ETC.

Where any area has been developed by the Authority, the Authority may entrust the local authority [discharging municipal functions,] within whose local limits the area so developed is situated, with the responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provisions of the amenities which have not been provided by the Authority but which in its opinion should be provided on terms and conditions agreed upon between the Authority and the local authority, and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to the State Government by the Authority.

1. (1) The Authority shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act.
2. (2) The State Government may, at anytime either on its own motion or on application made to it in this behalf call for the records of any case disposed of, or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it thinks fit: Provided that the State Government shall not pass an order adversely affecting any person without affording such person an opportunity of being heard.
3. (3) The State Government may depute any officer to inspect or examine the office of the Authority, or its development works and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, call for-
   • (a) any extract from any proceedings of the Authority or any committee constituted under this Act, record, correspondence, plan or other documents;
   • (b) any return, estimates, statement of accounts or statistics;
   • (c) a report, and the Authority shall furnish the same.

The Authority shall furnish to the State Government such reports, returns, record and other information as the State Government may, from time to time, require.

1. (1) Notwithstanding anything contained in any other law for the time being in force, where the State Government considers it expedient, it may, in the prescribed manner, suspend any of the powers of local authority relating to the control on development and use of lands and buildings under the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952, the Punjab Panchayat Samitis Act, 1961, the Punjab Town Improvement Act, 1922, or the Faridabad Complex (Development and Regulation) Act, 1971, and transfer such powers to the Authority.
2. (2) Where such powers are transferred to the Authority, the Authority shall be deemed to be the local authority concerned, the Chief Administrator shall be deemed to be the committee of the municipality or the Sarpanch of the Gram Panchayat or the Chairman of the Panchayat Samiti or the Chairman of the Improvement Trust or the Chief Administrator of the Faridabad Complex Administration, as the case may be, and the Estate Officer shall be deemed to be the Executive Authority thereof, and the Authority shall strictly exercise the powers transferred to it under sub-section
3. (1) within the area under the territorial jurisdiction of the local authority concerned.

The Authority may authorise any person to enter into or upon any land or building other than the land or building owned by the Central Government with or without assistants or workmen for the purpose of-

1. (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
2. (b) examining works under construction and ascertaining the course of sewers and drains;
3. (c) digging or boring into the sub-soil;
4. (d) setting out boundaries and intended lines of work;
5. (e) marking levels, boundaries and lines by placing marks and cutting trenches;
6. (f) doing any other thing necessary for the efficient administration of this Act: Provided that-
   • (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building;
   • (ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building;
   • (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

Any person who obstructs the entry of a person authorised under section 33 to enter into or upon any land or building other than the land or building owned by the Central Government or molests such persons after such entry shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

1. (1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided under this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section—
   • (a) "company" means a body corporate and includes a firm or other association of individuals; and
3. (3) "director" in relation to a firm means a partner in the firm.

All fines realised in connection with prosecutions under this Act shall be paid to the Authority.

1. (1) Any offence made punishable under this Act may, either before or after the institution of proceedings, be compounded by the Authority or by any person authorised by the Authority in this behalf.
2. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.