Chapter VII MISCELLANEOUS

Where, in the opinion of the State Government, it is necessary that any amenities provided by the Authority in any area should be extended to any land or building situated within the said area or within such distance from the said area it may deem expedient, such amenities shall be extended to such land or building and the owner of such land or building shall be liable to pay to the Authority, in the manner prescribed, such development charges therefor, as may be fixed by the State Government having regard to the expenses to be incurred for providing such amenities and the benefits to be extended to the land or building.

All members, officers and other employees of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

No court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority.

1. (1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served—
   • (a) where the person to be served is a company, if the document is addressed to the Secretary of the said company, at its registered office or at its principal office or place of business and is either—
     • (i) sent by registered post; or
     • (ii) delivered at the registered office or at the principal office or place of business of the said company;
   • (b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either—
     • (i) sent by registered post; or
     • (ii) delivered at the said place of business;
   • (c) where the person to be served is a public body, or a corporation or society or other body, if the document is addressed to the Secretary, Treasurer or other head of office of that body, corporation or society, at its principal office and is either—
     • (i) sent by registered post; or
     • (ii) delivered at the said office;
   • (d) in any other case, if the document is addressed to the person to be served and—
     • (i) is given or tendered to him; or
     • (ii) is sent by registered post to the person; or
     • (iii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within an urban area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed 'the owner' or 'the occupier', as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served—
   • (a) if the document so addressed is sent to be delivered in accordance with clause
   • (b) of sub-section (1); or
   • (b) if the document so addressed, or a copy thereof so addressed, is delivered to any person on the land or building or where there is no person on the land or building to whom it can be delivered is affixed to some conspicuous part of the land or building.
3. (3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any property, the Secretary may, by notice in writing, require the occupier, if any, of the property to state the name and address of the owner thereof.
5. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. Explanation.—A servant is not a member of the family within the meaning of this section.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signatures of the Secretary or any other officer authorised by the Authority in this behalf.

A copy of any receipt, application, plan, notice, entry in a register, or other document, in the possession of the Authority, if duly certified by the legal keeper thereof, or other person authorised by the Authority in this behalf, shall be received as prima-facie evidence of the existence of the document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where, and to the same extent as, the original document would, if produced, have been admissible to prove such matters.

No member, officer or other employee of the Authority shall, in any legal proceedings to which the Authority is not a party, be required, to produce any register or document the contents of which can be proved under the preceding section by a certified copy or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

It shall be the duty of every police officer—

1. (i) to communicate without delay to the proper office or the employee of the Authority any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder; and
2. (ii) to assist the member or any officer or other employee of the Authority in the lawful exercise of any power vesting in such member, officer or other employee under this Act or any rule or regulation made thereunder.

1. (1) A police officer, not below the rank of sub-inspector, shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand, declines to give his name and address, or gives such name or address which such officer has reason to believe to be false.
2. (2) The person so arrested shall, without unavoidable delay, be produced before the Magistrate authorised to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.

1. (1) Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by the Authority or its officer under this Act shall be final and shall not be questioned in any suit or other legal proceedings.
2. (2) No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act or the rules or regulations made thereunder.

1. (1) The Authority may, by resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power to make regulations, may also be exercised by such officers of the Authority or State Government or local authority, as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
2. (2) The State Government, may, by notification, direct that any power exercisable-by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
3. (3) The Director may, by notification, direct that any power exercisable by him under this Act may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. [(4) The State Government may, by notification, direct that any power exercisable by the ChiefAdministrator under this Act may be exercised by such other officer of the Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.]

1. (1) If, in the opinion of the State Government, the Authority is not competent to exercise or perform or neglects or fails to exercise or perform any power conferred or duty imposed upon it by or under this Act, the State Government or any person appointed in this behalf by State Government may exercise such power or perform such duty.
2. (2) Any expenses incurred by the State Government or by such person in exercising such power or performing such duty shall be paid out of the fund of the Authority, and if the Authority, fails to pay the expenses, then the State Government may make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order.

1. (1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
   • (a) the terms and conditions of service of the members under sub-section
3. (1) of section 4;
   • (b) the appointment of committees under section 8;
   • (c) the manner and purposes for associating persons under section 9;
   • (d) the control and restriction in relation to appointment of officers and other employees under sub-section
4. (1) of section 11;
   • (e) the form and manner in which an appeal maybe filed under sub-section
5. (5) of section 17;
   • (f) the manner of serving notice under sub-section
6. (1) of section 18 and under section 19;
   • (g) the manner in which the damages may be assessed under section 19;
   • (h) the investment of fund under sub-section
7. (4) of section 21;
   • (i) the procedure to be followed for borrowing money by way of loans or debentures and their repayment and the terms and conditions for advancing money under section 23;
   • (j) the form of the budget of the Authority and the manner of preparing the same under section 25;
   • (k) the form of balance sheet and statement of account under sub-section
8. (1) of section 26;
   • (l) the form of the annual report and the date on or before which it shall be submitted to the State Government under section 27;
   • (m) the manner and constitution of the provident fund for whole-time paid members and officers and other employees of the Authority and the conditions subject to which such fund may be constituted under section 28; and
   • (n) any other matter which has to be, or may be, prescribed by rules.
9. (3) Every rule made under this section shall be laid as soon as may be after it is made before the House of State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act and without prejudice to the generality of this power such regulations may provide for-

1. (a) the summoning or holding of the meetings of the Authority, the time and place where such meetings are to be held and the conduct of business at such meetings;
2. (b) the powers and duties of the officers and other employees of the Authority,
3. (c) the salaries, allowances and conditions of service of officers and other employees of the Authority;
4. (d) the erection of buildings;
5. (e) the terms and conditions on which transfer of any right, title and interest in any land or building may be permitted;
6. (f) the management of the properties of the Authority; and
7. (g) any other matter which has to be, or may be, determined by regulations.

Except as otherwise provided for in this Act, any contravention of any of the rules or regulations made thereunder shall be punishable with fine which may extend to five-hundred rupees, and in the case of a continuing contravention, with an additional fine, which may extend to fifty rupees, for each day during which such contravention continues after the first conviction; and the court, while passing any sentence on conviction of any person or the contravention of any rule or regulation, may direct that any property or part thereof, in respect of which the rule or regulation has been contravened, shall be forfeited to the Authority: [ Provided that if a building is begun, erected or re-erected in contravention of any of the building regulations, the Chief Administrator shall be competent to require the building to be altered or demolished, by a written notice delivered to the owner thereof, within six months of it having begun or having been completed, as the case maybe. Such notice shall also specify the period during which such alteration or demolition has to be completed and if the notice is not complied with, the Chief Administrator shall be competent to demolish the said building at the expense of the owner :]

Exemption Nothing in this Act shall apply to the operational constructions.

1. (1) Where the State Government is satisfied that the purposes for which the Authority is constituted under this Act, have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary, the State Government may, by notification, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.
2. (2) From the date specified under sub-section (1)-
   • (a) all properties, funds and dues which are vested in, or realisable by the Authority, shall vest in, or be realisable by, the State Government ;
   • (b) all liabilities which are enforceable against the Authority shall be enforceable against the State Government ; and
   • (c) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose or realising properties, funds and dues referred to in clause (a), the function of the Authority shall be discharged by the State Government.

1. (1) As from the date of the constitution of the Authority, the Punjab Urban Estates (Development and Regulation) Act, 1964, in its application to the State of Haryana, shall stand repealed.
   • (a) anything done or any action taken including any notification, order, scheme, permission or rule made, granted or issued under any provisions of the Punjab Urban Estates (Development and Regulation) Act, 1964, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under this Act;
   • (b) all property, movable and immovable and all interests of whatsoever nature and kind therein, vested in the State Government under the Punjab Urban Estates (Development and Regulation) Act, 1964, before the commencement of this Act shall vest in the Authority;
   • (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Government, under the Punjab Urban Estates (Development and Regulation) Act, 1964, before the commencement of this Act shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;
   • (d) all taxes, fees and other sums of money due to the State Government under the Punjab Urban Estates (Development and Regulation) Act, 1964, immediately before the commencement of this Act shall be deemed to be due to the Authority ; and
   • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against the State Government under the Punjab Urban Estates (Development and Regulation) Act, 1964, may be continued or instituted by, for or against the Authority.
2. (3) Notwithstanding anything contained in any other law for the time being in force,-
   • (a) all property, movable and immovable and all interests of whatsoever nature and kind therein vested in the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, except Mandi portion of the Mandi Townships established by the Colonization Department shall vest in the Authority;
   • (b) anything done or any action taken including any notification, order, scheme, permission or rule made, granted or issued under any provisions of the Punjab New Mandi Townships (Development and Regulation) Act, 1960, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under this Act;
   • (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Government, under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;
   • (d) all taxes, fees and other sums of money due to the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, shall be deemed to be due to the Authority;
   • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, or against the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, and the Colonization of Government Lands (Punjab) Act, 1912, may be continued or instituted by, for or against the Authority.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification or order, not inconsistent with the provisions of this Act, remove the difficulty.

1. (1) The Haryana Urban Development Authority Ordinance, 1977 (Haryana Ordinance No. 1 of 1977), is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act, had come into force on the 10th day of January, 1977.