Haryana Development and Regulation of Urban Areas Rules, 1976

Haryana Development and Regulation of Urban Areas Act, 1975 .pdf

Haryana Act No. 8 of 1975

hl077

Received the assent of the Governor of Haryana on the 30th January, 1975 and was first published in the Haryana Government Gazette (Extraordinary), Legislative Supplement Part I of 30th January, 1975.

LEGISLATIVE HISTORY 6

· Amended by Haryana Act No. 9 of 1977.

· Amended by Haryana Act No. 15 of 1984.

· Amended by Haryana Act No. 30 of 1986.

· Amended by Haryana Act No. 11 of 1989.

· Amended by Haryana Act No. 17 of 1996.

An Act to regulate the use of land in order to prevent ill-planned and haphazard urbanization in or around towns in the State of Haryana

Be it enacted by the Legislature of the State of Haryana in the Twenty-Fifth year of the Republic of India as follows :-

Short title, extent and commencement.- (1) This Act may be called the Haryana Development and Regulation of Urban Areas Act, 1975.

(2) It shall apply to all urban areas in the State of Haryana.

(3) It shall be deemed to have come into force on the 16th day of

Object & Reasons6

Statement of Objects and Reasons. - In a recent decision in the Civil Writ Nos. 2419 and 3624 of 1973 the Punjab and Haryana High Court has held the provisions of the Haryana Restrictions on (Development and Regulation of) Colonies Act, 1971 (Act No. 39 of 1971) to be violative of Article 19(1)(f) of the Constitution of India. The High Court has struck down the Act No. 39 of 1971 as amended by Act No. 9 of 1973 mainly on the grounds that the definition of the word 'Colony' is too wide and it covers every piece of land whether big or small which is divided into two or more plots and that the restrictions imposed by the various provisions of the said ACt do not amount merely to the reasonable restriction on the right to dispose of property but amount to complete annihilation of that fundamental right. In order to overcome the lacuna pointed out by the High Court, it is proposed to reenact the legislation on the subject and thereby repeal the Act No. 39 of 1971. The proposed legislation redefines the word 'Colony' and restricts its application to the area within the limits of the local authorities and the areas situate within 5 kilo metres beyond the limits of the local authorities. It will also apply to other areas that may be notified by the State Government as such if Government is satisfied that urbanisation is taking place there. This bill seeks to regulate the use of the land in order to prevent ill-planned and haphazard urbanisation in or around towns in the State of Haryana.

2. This bill seeks to achieve these objects.

Published vide Harayana Gazette Extraordinary Dated 13.1.1975 Pages 62-63.

Statement of Objects and Reasons - Haryana Act 17 of 1996. - Section 2 of the Haryana Development and Regulation of Urban Areas Act, 1975 provides for various definitions. As per provisions of Sub-Section (c) of the said Section definition of "Colony" means of area of land divided or proposed to be divided into plots for residential, commercial or industrial purposes. The Deptt. of Town and Country Planning has been granting licences to develop group housing schemes and therefore it is necessary to include an enabling provisions for licencing flatted colonies also. Accordingly a suitable amendment is proposed.

In Sub-section (j) of the Section 2, the definition of "Local Authority" is proposed to be limited to "Municipal Committee or Municipal Council or Municipal Corporation" in order to streamline the existing definition.

Under the provisions of Section 3A of the abovesaid Act, a coloniser is required to deposit as service charges a sum at Re. 1 per square metre of the plotted area proposed to be developed by him as Residential, Commercial or Industrial (excluding the areas used by the Public for general purposes) into a colony, in two equal instalments. These rates were prescribed in the year 1984, - vide notification No. LEG/18/84, dated 24th April, 1984 and with the escalation in the price index it is proposed to revise these service charges. Hence it has been felt necessary to amend the provisions of Section 3A of the Act to the effect that the coloniser shall deposit the service charges "at such rate as many be prescribed by the Government from time to time, per square metre of the gross area and of the covered area of all floors in case of flats proposed to be developed by him into a colony. This amendment proposes to levy the service charges on the gross area of the colony instead of plotted area alone as per the existing provision, and in case of flatted development, the covered are of all the floors is taken into consideration."

Sub-section (2) of Section 3A provides that Haryana Urban Development Authority shall also be liable to deposit the service charges and shall be deemed to be a coloniser for this purpose only. It is proposed that for equality in treatment local authorities, firms, undertakings of Government connected with land development should also be deemed colonisers for this purposes only. Hence an amendment to bring all these agencies, authorities of the Government involved in land development under the provisions of Section 3-A is necessary.

Sub-section (9) of Section 3-A of the said Act provides that the Haryana Urban Development Fund shall be utilised by the State Government for the benefit of the coloniser and the plot holders. This Sub-section restricts the scope of the fund. It has been observed that a fund of this kind should be used for Urban Development and creation and improvement of Urban infrastructure in the entire State of Haryana without confining its operation only to the colonisers and the plot-holders. Accordingly an amendment in this sub-section has been proposed.

Existing provision of Section 18 of the said Act provides that "nothing in this Act shall affect the power of the Government, Improvement Trusts, Housing Board (any local authority or other authorities) to develop land or impose restrictions upon the use and development of any area under any other law for the time inforce." As these above organisations involved in land development are not contributing to the state exchequer while undertaking operations similar to that of colonisers, it is felt that they should also be charges some amount on the lines of licence fee charges from the colonisers. To give effect to such a provision even while exempting these organisations from formally supplying for licence under the act no. 8 of 1975, an enabling amendment has been proposed. This amendment however does not envisage limiting the powers of the Government.

Hence this Bill.

Published vide Haryana Government Gazetted (Extra.) dated 18.11.1996, page 2397.

Statement of Object and Reasons - Haryana Act 30 of 1986. - The procedure prescribed under Section 8 of the Haryana Development and Regulation of Urban Areas Act, 1975, for the development of a colony in cases where the licence of a colonizer is cancelled, was quite cumbersome and impracticable. In order to protect the interests of plot holders and to facilitate the development of such a colony, it has been decided that in the event of cancellation of a licence of the colonizer, the development may be undertaken by the Director, Town and Country Planning himself, after realising the development charges from the colonizer and, if necessary, from the plot holder(s).

2. As the State Legislature was not in session and because it was necessary to amend the Haryana Development and Regulation of Urban Areas Act, 1975, immediately on Ordinance was promulgated. Now this Ordinance is to be converted into Act. Hence this bill.

Published vide Haryana Government Gazetted (Extra.) dated 25.11.1986 (Aghn. 4, 1908 Saka) page 1314.

Definitions.- In this Act, unless the context otherwise requires. -

(a) "advertisement" means any word, letter, model, sign, placard, board, notice, device or representation in any manner whatsoever, wholly or in part, intended for the purpose of advertisement, announcement or direction, and includes any structure used or adapted for the display of advertisements;

[(aa) "agriculture" includes horticulture, dairy farming, poultry farming and the planting and upkeep of an orchard;]

(b) "building" means and shop, house, hut, out-house, shed or stable, whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatsoever, and includes a wall;

(c) "colony" means an area of land divided or proposed to be divided into [plots or flats] plots for residential, commercial or industrial purpose, 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, shall not be a colony;

(d) "colonizer" means an individual, company or association or body of individuals, whether incorporated or not, owning or acquiring or agreeing to own or acquire, whether by purchase or otherwise, land for converting it into a colony and to whom a licence has been granted under this Act;

(e) "development works" means internal and external development works;

(f) "Director" means the Director, Town and Country Planning, Haryana, and includes a person for the time being appointed by the Government, by notification, to exercise and perform all or any of the powers and functions of the Director under this Act and the rules made thereunder;

(g) "external development works" include sewerage, drainage, roads and electrical works which may have to be executed in the periphery of, or outside, a colony for the joint benefit of two or more colonies;

(h) "Government" mens the Government of the State of Haryana;

(i) "internal development works" mean -

(i) metalling of roads and paving of footpaths;

(ii) turfing and plantation with trees of open spaces;

(iii) street lighting;

(iv) adequate and wholesome water-supply;

(v) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal; and

(vi) any other work that the Director may think necessary in the interest of proper development of a colony;

[(j) "local authority" means a Municipal Committee or Municipal Counsel or Municipal Corporation;]

(k) "owner" includes a person in whose favour a lease of land in an urban area for a period of not less than ninety-nine years has been granted;

(l) "person" includes an association or body of individuals whether incorporated or not;

(m) "plot holder" means a person in whose favour a plot in a colony has been transferred or agreed to be transferred by the colonizer;

(n) "prescribed" means prescribed by rules made under this Act; and

(o) "urban area" means any area of land within the limits of a municipal area or notified area or the Faridabad Complex or situate within five kilometres of the limits thereof, or any other area where, in the opinion of the Government, there is a potential for building activities and the Government by means of a notification declares.

Application for licence.- (1) Any owner desiring to convert his land into a colony, shall, unless exempted under Section 9, make an application, to the Director, for the grant of a licence to develop a colony in the prescribed form and pay for it such fee as may be prescribed. The application shall be accompanied by an income-tax clearance certificate.

(2) On receipt of the application under sub-section (1), the Director shall, among other things, enquire into the following matters, namely :-

(a) title to the land;

(b) extent and situation of the land;

(d) the layout of a colony;

(e) plan regarding the development works to be executed in a colony; and

(f) conformity of the development schemes of the colony land to those of the neighbouring areas.

(3) After the enquiry under sub-section (2), the Director, by an order in writing, shall -

(a) grant a licence in the prescribed form, after the applicant has furnished to the Director a bank guarantee equal to twenty-five per centum of the estimated cost of development works as certified by the Director and has undertaken-

(i) to enter into an agreement in the prescribed form for carrying out and completion of development works in accordance with the licence granted;

(ii) to pay proportionate development charges if the main lines of roads, drainage, sewerage, water-supply and electricity are to be laid out and constructed by the Government or any other local authority. The proportion in which, and the time within which, such payment is to be made shall be determined by the Director;

(iii) the responsibility for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completion certificate unless earlier relieved of this responsibility and thereupon to transfer all such roads, open spaces, public parks and public health services free of cost to the Government or the local authority, as the case may be;

(iv) to construct at his own cost, or get constructed by any other institution or individual at its cost, schools, hospitals, community centres and other community buildings on the lands set apart for this purpose, or to transfer to the Government at any time, if so desired by the Government, free of cost the land set apart for schools, hospitals, community centres and community buildings, in which case the Government shall be at liberty to transfer such land to any person or institution including a local authority on such terms and conditions as it may deem fit;

(v) to permit the Director or any other officer authorised by him to inspect the execution of the layout and the development works in the colony and to carry out all directions issued by him for ensuring due compliance of the execution of the layout and development works in accordance with the licence granted :

Provided that the Director, having regard to the amenities which exist or are proposed to be provided in the locality, is of the opinion that it is not necessary or possible to provide one or more such amenities, may exempt the licensee from providing such amenities either wholly or in part;

(b) refuse to grant a licence, by mens of a speaking order, after affording the applicant an opportunity of being heard.

(4) The licence so granted shall be valid for a period of two years, and will be renewable from time to time for a period of one year, on payment of prescribed fee.

(5) A separate licence shall be required for each colony.

[3A. Establishment of Fund. - (1) Any colonizer whom a license has been given under this Act shall deposit as service charges a sum [at such rate as may be prescribed by the Government from time to time, per sq. metrs. of the gross area and of the covered area of all the floors in case of flats proposed to be developed by him into a colony] in two equal instalments. The first instalment shall be deposited within 60 days from the date of the grant of the license and the second instalment to be deposited within six months from the date of grant of the license.

(2) The [local authorities, firms, undertakings of Government and other authorities involved in land development] shall also be liable to deposit the service charges and shall be deemed to be a colonizer for this purpose only. The date of first inviting applications for sale of plots in any colony by it shall be deemed to be the date of granting of license under this Act for the purpose of deposit of service charges.

(3) The service charges shall be deposited by the colonizer with such officer or person as may be appointed by the Government in this behalf.

(4) The colonizer shall in turn be entitled to pass on the service charges paid by him to the plot holder.

(5) The amount of service charges if not paid within the prescribed period shall be recoverable as arrears of land revenue.

(6) The amount of service charges so deposited by the colonizer shall constitute a fund called the Haryana Urban Development Fund (hereinafter referred to as the Fund) which shall vest in the State Government.

(7) The Fund shall be administered by such officers of the State Government as may be appointed by it for this purpose.

(8) The amount of service charges deposited by the colonizers and grants from the Government or the local authority shall be credited to the Fund.

(9) The Fund shall be utilized by the State Government for the benefit of the [urban development and for creation and improvement of urban infrastructure in the State of Haryana]. The Fund may also be utilized to meet the cost of administering the Fund.

(10) The Government shall publish annually in the Official Gazette the report of the activities financed from the fund and the statement of accounts.]

Maintenance of registers.- The Director shall maintain such registers as may be prescribed showing sufficient particulars of all cases in which licence is granted or refused by him and the said registers shall be available for inspection without charges by all interested persons and such persons shall be entitled to have extract therefrom.
Cost of development works.- (1) The colonizer shall deposit fifty per centum of the amount realised, from time to time, by him, from the plot- holders within a period of ten days of its realisation in a separate account to be maintained in a scheduled bank. This amount shall only be utilised by him towards meeting the cost of internal development works in the colony. After the internal development works of the colony has been completed to the satisfaction of the Director, the coloniser shall be at liberty to withdraw the balance amount. The remaining fifty per centum of the said amount shall be deemed to have been retained by the coloniser, inter alia, to meet the cost of land and external development works.

(2) The colonizer shall maintain accounts of the amount kept in the scheduled bank, in such manner as may be prescribed.

Auditing of accounts.- (1) The Director, or any other officer authorised by him in this behalf, shall be completed to inspect the accounts maintained by the colonizer who shall produce before him all the relevant records required for this purpose.

(2) The coloniser shall get his accounts audited, after the close of every financial year, by a chartered accountant and shall produce a statement of accounts, duly certified and signed by such chartered accountant, in the manner prescribed.

Prohibition to advertise and transfer plots.- Save as provided in Section 9, no person shall, -

(i) without obtaining a licence under Section 3, transfer or agree to transfer in any manner plots in a colony to transfer in any manner plots in a colony or make an advertisement or receive any amount in respect thereof;

(ii) erect or re-erect any building in any colony in respect of which a licence under Section 3 has not been granted.

(iii) erect or re-erect any building other than for purposes of agriculture on the land sub-divided for agriculture as defined in clause (aa) of Section 2 of this Act;

[7A. Registration of certain documents. - Notwithstanding anything contained in any other law for the time being in force, where any document is required to be registered under the provisions of Section 17 of the Indian Registration Act, 1908, purporting to transfer by way of sale or lease any vacant land having an area of less than one hectare in an urban area as may be notified specifically by the Government from time to time for the purposes of this section, no Registration Officer appointed under the above said Act shall register any such document unless the transferor produces before such Registration Officer a no object certificate issued by the Director or an officer authorised by him in writing in this behalf, to the effect that the said transfer does not contravene any of the provisions of this Act and its rules and such no objection certificate shall be issued within ninety days of the date of receipt of the application for the same :

Provided that -

(a) if the area of vacant land, which is proposed to be transferred does not exceed one thousand square meters, the above said no objection certificate shall be issued within thirty days of the date of receipt of application by the Director, where -

(i) the land is situated in a colony for which a licence has been issued under Section 3 of this Act; or

(ii) the transfer proposed is as a result of family partition, inheritance, succession or partition of joint holdings not with the motive of earning profit; or

(iii) the transfer is in furtherance of any scheme sanctioned under any law;

(b) if the above said application for grant of no object certificate submitted to the Director or an officer authorised by him in writing in this behalf is not disposed off through an order in writing within the prescribed periods of ninety days or thirty days as described in this section, the no objection certificate shall be deemed to have been granted;

(i) title of land;

(ii) draft copy of registration deed;

(iii) an affidavit to the effect that the site is covered under this Section, if the area of the land does not exceed one thousand square meters.]

Cancellation of licence.- (1) A license granted under this Act, shall be liable to be cancelled by the Director if the colonizer contravenes any of the conditions of the licence or the provisions of the Act or the rules made thereunder; provided that before such cancellation the colonizer shall be given an opportunity of being heard.

[(2) After cancellation of the licence, the Director may himself, carry out or cause to be carried out, the development works in the colony and recover such charges as the Director may have to incur on the said development works from the colonizer and the plot-holders in the manner prescribed as arrears of land revenue.

(3) The liability of the colonizer for payment of such charges shall not exceed the amount the colonizer has actually recovered from the plot-holders less the amount actually spent on such development works, and that of the plot-holders shall not exceed the amount which they would have to pay to the colonizer towards the expenses of the said development works under the terms of the agreement of sale or transfer entered into between them :

Provided that the Director may, recover from the plot-holders with their consent, an amount in excess of what may be admissible under the aforesaid terms of agreement of sale or transfer.

(4) Notwithstanding anything contained in this act, after the colony has been fully developed under sub-section (2), the Director may, with a view to enabling the colonizer, to transfer the possession of and the title to the land to the plot-holders within a specified time, authorise the colonizer by an order, to receive the balance amount, if any, due from the plot-holders, after adjustment of the amount which may have been recovered by the Director towards the cost of the development works and also transfer the possession of or the title to the land to the plot-holders within aforesaid time. If the colonizer fails to do so, the Director shall on behalf of the colonizer transfer of possession of and the title to the land to the plot-holders on receipt of the amount which was due from them.

(5) After meeting the expenses on development works under sub-section (2), the balance amount shall be payable to the colonizer.]

Exemption from obtaining licence in certain cases.- (1) The Director shall grant exemption to a person from obtaining the licence if he is satisfied that -

(a) the land -

(i) had been divided into plots and more than twenty per centum of the plots according to layout plan had been sold or agreed to be sold prior to the 16th day of November, 1971;

(ii) is in a compact block; and

(iii) is not situated within the controlled area; or

(b)(i) the land does not exceed 4,000 square metres and is situated within the limits of a municipal area, a notified area or the Faridabad complex;

(ii) the amenities similar to the one existing in the locality exist or such person undertakes to provide such amenities; and

(iii) the size of the plots divided or proposed to be divided is in conformity with the general layout of the plots in the locality :

Provided that the Director may, by an order in writing giving reasons, refuse to grant the exemption if he, after hearing the applicant, is of the opinion that the application has been made with a view to evade the provisions of this Act.

(2) The application for obtaining exemption shall be in such form and manner as may be prescribed.

(3) If, within a period of three months of the date when an application under sub-section (2) has been made to the Director, no order in writing has been passed by the Director, the exemption shall be deemed to have been granted.

Explanation. - The expression "controlled area" shall have the meaning assigned to it in the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, [1963, and the Faridabad Complex (Regulation and Development) Act, 1971].

[10. Penalties. - (1) Any person who contravenes any of the provisions of this Act or the rules made thereunder or any of the conditions of a licence granted under Section 3 shall be punishable with imprisonment of either inscription for a term which may extend to three years and shall also be liable to fine :

Provided that where any of the provisions of Section 9 are contravened the punishment of imprisonment shall not exceed six months.

(2) Without prejudice to the provisions of sub-section (1), the Director or any other officer authorised in writing by him in this behalf, may by notice, call upon any person who has committed a breach of the provision referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a contravention such as is described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction of the Director or any officer authorised in writing by him in this behalf, within a period of fifteen days the Director or any officer authorised by him in this behalf, may serve thirty days notice requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be.

(3) If the order made under sub-section (2) is not carried out, the Director or any other officer authorised in writing by him in this behalf, may serve 24 hours' notice on that person to comply and if such a person fails to do so, the Director or any other officer authorised in writing by him in this behalf, may himself, at the expiry of the period of this notice, take such measures including demolition of any structure, as may appear necessary to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue :

Provided that even before the expiry of the 30 days period mentioned in the notice under sub-section (2), if the Director or any other officer authorised in writing by him in this behalf, is satisfied that instead of complying the aforesaid notice the person continues with the contravention, the Director or any other officer authorised in writing by him in this behalf may serve him with 24 hours' notice to carry out the order made under sub-section (2) and if such a person fails to do so, the Director or any person authorised in writing by him may himself take such measures including demolition of any structure, as may appear necessary, to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him, be recovered from such person as arrears of land revenue.]

[11. Prosecution. - No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised in writing by him in his behalf.]

11A. Duty of police officers. - It shall be the duty of every police officer -

(i) to communicate without delay to the Director or any other officer authorised in writing by him in his behalf, 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

[(ii) to assist the Director or any other officer authorised in writing by him in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorised in writing by him in this behalf under this Act or any rule or regulation made thereunder.]

[11B. Power to arrest. - (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) 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.]

Offences by companies.- (1) Where an offence under this Act has been committed by a Company, the Company as well as every person incharge of, or responsible to, the company for the conduct of its business at the time of the commission of the offence, 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 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) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and i is proved that the offence has been committed with the consent or connivance of,or that the commission of the offence is attributable to any neglect on the part of a Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall also be proceeded against and punished accordingly.

Explanation. - For the purpose of this section -

(a) "Company" means any body corporate and includes a firm or other association of individuals; and

(b) "Director" in relation to a firm means a partner in the firm.

Composition of offences.- (1) The Director may, either before or after the institution of the proceedings for prosecution, compound any offence punishable by or under this Act.

(2) Where an offence has been compounded, the offender, if in custody, shall be released and no further proceedings shall be taken against him in respect of the offence compounded.

Indemnity.- (1) No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder :-

(2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Bar of jurisdiction of civil Court.- No civil Court shall have any jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules made thereunder.
Effect of other laws.- Notwithstanding anything contained in this Act, any permission already granted to set up a colony under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, and the rules made thereunder, shall remain valid and be governed by the terms and conditions contained therein. No person shall be required to obtain a licence if he had obtained permission under the said Act and the same still subsists.
Restrictions in controlled area.- Any person who has sold or transferred or has agreed to sell or transfer any plot for any purpose in a colony, in an area in which the Punjab Scheduled Roads and Controlled Areas REstriction of Unregulated Development Act, 1963, was applicable, and has not obtained permission as required by the said Act, but has realised any money before the commencement of this Act from the plot-holders, shall obtain a licence under the provisions of this Act within a period of three months from the date of publication of this Act in the Official Gazette of the State or such further period as may be allowed by the Director.
Savings.- Nothing in this Act shall affect the power of the Government, Improvement Trust, Housing Board, Haryana [any local authority or other authority constituted under any law for the time being in force by the State Government for carrying out development of urban area]to develop land or impose restrictions upon the use and development of any area under any other law for the time being in force[but such power except the power exercisable by the Government, shall be exercised on payment of such sum as may be decided by the Government from time to time].
Appeal.- Any person aggrieved by any order of the Director under this Act may, within a period of thirty days of the date of communication of the order to him, prefer an appeal to the Government in such form and manner as may be prescribed:

Provided that the appeal may be entertained after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Revision.- The Government may call for the record of any case pending before, or disposed of by, any subordinate authority, for the purpose of satisfying itself as to the legality or property of any proceedings or of any order made therein and may pass such order in relation thereto as it may think fit.
Review.- The Director may, either of his own motion or on an application of any party interested, review, and on so reviewing modify, reverse or confirm any order passed by himself or by any of his predecessors in office :

Provided that -

(a) When the Director proposes to review any order passed by his predecessor in office, he shall first obtain the sanction of the Government;

(b) no application for review of an order shall be entertained unless it is made within a period of ninety days from the date of passing of the order, or unless the applicant satisfies the Director that he had sufficient cause for not making the application within that period;

(c) no order shall be modified or reversed unless the parties concerned have been afforded a reasonable opportunity of being heard;

(d) no order against which an appeal has been preferred shall be reviewed.

Delegation.- The Government may, by notification, direct that the powers exercisable by it under this Act shall, in such circumstances and under such conditions as may be specified therein, be exercisable also by an officer subordinate to it.
Power to exempt.- If the Government is of the opinion that the operation of any of the provisions of this Act causes undue hardship or circumstances exist which render it expedient so to do, it may, subject to such terms and conditions as it may impose, by a general or special order, exempt any class of persons or areas from all or any of the provisions of this Act.
Power to make rules.- (1) The Government may, by notification, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mattes, namely :-

(a) fee, form and manner of making an application for obtaining licence under sub-section (1) of Section 3;

(b) form of licence and agreement under sub-section (3) of Section 3;

(d) form of registers to be maintained under Section 4;

(e) form of accounts to be maintained under sub-section (2) of Section 5;

(f) manner of getting the accounts audited under sub-section (2) of Section 6;

(g) manner in which preference is to be given to the plot-holders under sub-section (3) of Section 8;

(h) form and manner of making application under sub-section (2) of Section 9.

(3) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature which it is in session for a period of not less than fourteen days, which may be comprised in one session or two successive sessions, and if, before the expiry of the session in which they are so-laid or the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such 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 thereunder.

Repeal.- The Haryana Restrictions on (Development and Regulation of) Colonies Act, 1971 (Haryana Act No. 39 of 1971), is hereby repealed.