Vidhi Codex

section 85

Transfer of assets, liabilities, powers etc. to Local Development Authority

The Haryana Urban Development Authority Act, 1977
Infrastructure1977111 of 112 sections available7 chapters
Read full ActSections

Chapter IX CONSTITUTION OF LOCAL DEVELOPMENT AUTHORITIES

Statutory text
  1. (1) As from the date of the constitution of a Local Development Authority under sub-section
  2. (3) of section 62, the powers and functions of Haryana Urban Development Authority shall stand transferred to Local Development Authority in respect of the local development area for which it is constituted.
  3. (2) Notwithstanding the provisions of sub-section (1),—
    • (a) any thing done or any action taken including any notification, order, scheme, permission or rule made, granted or issued by the Government or the Haryana Urban Development Authority shall, so far it is not inconsistent with the provisions of this Chapter, continue in force and be deemed to have been done or taken by the Local Development Authority unless and until it is superseded by anything done or any action taken under this Chapter;
    • (b) all property movable and immovable and all interests of whatsoever nature and kind therein vested in the Haryana Urban Development Authority and situated in the local development area before the constitution of the Local Development Authority under sub-section
  4. (3) of section 62 shall vest in the Local Development Authority;
    • (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by the Haryana Urban Development Authority before the constitution of the Local Development Authority, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Local Development Authority;
    • (d) all fees and other sums of money due to the Haryana Urban Development Authority immediately before the constitution of the Local Development Authority shall be deemed to be due to the Local Development Authority;
    • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against Haryana Urban Development Authority in respect of the local development area may be continued or instituted by, for or against the concerned Local Development Authority.
  5. (3) All land acquisition proceeding initiated by the Government on behalf of Haryana Urban Development Authority or otherwise in respect of local development area shall continue to be in force and shall be deemed to have been done on behalf of and for the Local Development Authority concerned. (4)
    • (a) From the date of the constitution of a Local Development Authority for a local development area, falling within the jurisdiction of Faridabad Complex and the controlled area declared under the Faridabad Complex (Regulation and Development) Act, 1971, the Chief Administrator, Faridabad Complex Administration shall cease to exercise powers under the provisions of sections 29 to 42 of the Faridabad Complex (Regulation and Development) Act, 1971, and the provisions under the aforesaid sections except sections 31, 32 and 42 shall be exercised by the Local Development Authority, and further, all acts done by the Chief Administrator, Faridabad Complex Administration shall be deemed to have been done by the Vice-Chairman of the Local Development Authority.
    • (b) All development charges and other related sums of money in respect of the local development area, due from any person to the Faridabad Complex Administration, shall be deemed to be due to the Local Development Authority.
  6. (5) Immediately after the constitution of a Local Development Authority, a municipal committee in local development area shall cease to exercise any power under the provisions of sections 172 to 181, 184 to 186, 188, 193, 198, 201 to 211 and 218 to 220, of the Haryana Municipal Act, 1973, and the powers under the aforesaid sections shall be exercised by the Local Development Authority; and further, that all acts done by the municipal committee in respect thereof shall be deemed to have been done by the Vice-Chairman of a Local Development Authority.
  7. (6) The powers and functions vested with the Director, Town and Country Planning under sections 7, 10 and 11 of the Haryana Development and Regulation of Urban Areas Act, 1975 (Act 8 of 1975) shall be exercised by the Vice-chairman of the Local Development Authority from the date of its constitution. Note.—The urban area under section 2 of the said Act shall be deemed to be a local development area of the concerned Local Development Authority.
  8. (7) All the powers and functions of the Director, Town and Country Planning under sections 3, 6, 9, 12, 13, 14, 15 and 16 of the Punjab Scheduled Roads and Controlled Areas Restriction of Undegulated Development Act, 1963 (Act 41 of 1963) shall be exercised by the Vice-Chairman of the Local Development Authority from the date of the constitution of the Local Development Authority in respect of its local development area.

Study data processing for this section.

Some statutory text is still being prepared for this language version.

PDF: pending for this language.