THE HARYANA DEVELOPMENT AND REGULATION OF URBAN AREAS (SECOND AMENDMENT) ACT, 2013
HARYANA ACT NO.27 OF 2013
An Act further to amend the Haryana Development and Regulation of Urban Areas Act, 1975. Be it enacted by the Legislature of the State of Haryana in the Sixty-fourth Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Haryana Development and Regulation of Urban Areas (Second Amendment) Act, 2013.
Amendment of section 2 of Haryana Act 8 of 1975.
2. In section 2 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter called the principal Act),- (I) for clause (c), the following clause shall be substituted, namely:- “(c)“ colony” means an area of land divided or proposed to be divided into plots or flats for residential, commercial, industrial, cyber city or cyber park purposes or for construction of flats in the form of group housing or for the construction of integrated commercial complexes or for division into plots for low-density eco-friendly colony, but an area of land divided or proposed to be divided:-
(i) for the purpose of agriculture; or
(ii) as a result of family partition, inheritance, succession or partition of joint holding not with the motive of earning profit; or
(iii) in furtherance of any scheme sanctioned under any other law; or
(iv) by the owner of a factory for setting up a housing colony for the labourers or the employees working in the factory, provided there is no profit motive; or
(v) when it does not exceed one thousand square metres or such less area, as may be decided from time to time in an urban area to be notified by Government for the purpose of this sub-clause;
shall not be a colony;‟; and
(II) after clause (j), the following clause shall be inserted, namely:-
“(ja) “low-density eco-friendly colony” means a colony that fulfils such norms and guidelines for achieving ecological sensitivity, minimum environmental impact, sustainability and self-sufficiency in terms of natural resources, energy resources and also conforms to such residential density norms, as may be prescribed;
Amendment of section 3 of Haryana Act 8 of 1975.
3. In sub-section (1) of Section 3 of the principal Act, the signs and words“. The application shall be accompanied by an income-tax clearance certificate” shall be omitted.
Insertion of section 7B in Haryana Act 8 of 1975
4. After Section 7A of the principal Act, the following Section shall be inserted, namely:-
“7B. Time limit for completion of a specific category of colony.- (1) Notwithstanding anything contained in this Act, the Government may, by notification, specify a time limit for completion of a specific category of colony. If the coloniser fails to complete the laying out of any such specific category of colony in accordance with the approved lay out plans or to execute internal development works as per the approved design and specifications or to apply for grant of completion certificate under sub-section (6) of section 3 within the specified time limit, the Director shall not entertain any application for renewal of the licence and shall issue a show cause as to why the licence granted may not be treated as lapsed. The coloniser shall reply to the show cause notice within a period of thirty days from the receipt of such a notice.
(2) On receipt of the reply to the show cause notice issued under sub-section (1), the Director shall give an opportunity of hearing and after making such enquiry, as deemed necessary and for reasons to be recorded in writing, -
(i) if satisfied, that the delay in execution of development work was for reasons beyond the control of the colonizer, renew the licence for a maximum period of twenty-four months, or part thereof, on deposit of fee at double the rate of fee prescribed for grant of the licence:
Provide that in case the renewal of the licence is allowed for a period less than twenty-four months, then proportionate renewal fee shall be deposited against such period;
(ii) if not satisfied, order that the licence has lapsed, and thereafter, within one month, shall cause a public notice to be published about the lapse of the licence in atleast two newspapers, one each in Hindi and English, having circulation in such locality.
(3) After passing the order under clause(ii) of sub-section (2), the procedure laid down under sub-sections (2),(3),(4) & (5) of section 8 shall be followed.”. |
