Section 3AC in The Haryana Development and Regulation of Urban Areas Act, 1975
3AC. Functions and Powers of Board.
(1)The Board shall be the apex body for overall planning and development of infrastructure sector and infrastructure projects for the benefit of State of Haryana, subject to the limitations specified in sub-section (3).(2)The Board shall-(i)act as a nodal agency to co-ordinate all efforts of the Government regarding the development and implementation of infrastructure sectors and infrastructure projects for the benefit of State of Haryana, involving private participation and funding from sources other than those provided by State budget and shall,-(a)identify infrastructure projects for private participation;(b)promote competitiveness and progressively involve private participation while ensuring fair deal to the end-users;(c)identify and promote technology initiatives in urban development and infrastructure development sector for improving efficiency in the system;(d)identify bottlenecks in the infrastructure sectors and recommend to the Government policy initiatives to rectify the same;(e)select, prioritise and determine sequencing of infrastructure projects;(f)formulate clear and transparent policies related to the infrastructure sectors so as to ensure that project risks are clearly identified and allocated between the stakeholders; and(g)identify the sectoral concessions to be offered to concessionaires to attract private participation and secure availability of viable infrastructure facilities to the consumers;Provided that where participation is sought by any person by participating in disinvestment process, the provisions of this Act shall not apply:Provided further that any authority or body, constituted to implement such disinvestment, may seek assistance from the Board.(ii)prepare internally or through external consultants or service providers engaged for the purpose, all necessary documents including the bid or tender documents, draft contracts including the various contractual arrangements and incentives to be offered by the Government;(iii)assist public infrastructure agencies and concessionaires in obtaining statutory and other approvals;(iv)recommend the grant of concessions to a public infrastructure agency in accordance with the provisions of this Act, the rules and the bye-laws made there under;(v)assist in determining the level and structuring of investments of the Government and public bodies into infrastructure projects with private participation including holding the investment or part thereof;(vi)create a special purpose vehicle for implementation of any infrastructure project in co-ordination with the Government or public infrastructure agencies; and(vii)administer the Fund and projects under this Act.(3)The Board shall not play any role in the infrastructure projects undertaken by the Government exclusively through its budgetary provisions.(4)In order to carry out its functions consistent with the provisions of this Act, the Board shall have the powers to do all or any of the following, namely:-(i)acquire, hold, develop or construct such property, both movable and immovable, as the Board may deem necessary for the performance of any of its activities related to the development of infrastructure sectors or infrastructure projects;(ii)advise or recommend to the Government acquisition of land under the Land Acquisition Act, 1894 for the purposes of infrastructure projects;(iii)lease, sell, exchange, or otherwise make allotments of the property referred to in clause (i) to concessionaire and to modify or rescind allotments, including the right and power to evict the allottees concerned on breach of any of the terms or conditions of such allotment;(iv)borrow and raise money in such manner as the Board may think fit and to secure the repayment of any money borrowed, raised or owing by mortgage, charge, standard security, lien or other security upon the whole or any part of the Board's property or assets (whether present or future), and also by a similar mortgage, charge, standard security, lien or security to secure and guarantee the performance by the Board of any obligation or liability, it may have undertaken or which may become binding on it;(v)constitute a professional multi-disciplinary Project Management Team and one or more Advisory Committee or Committees or Sectoral Sub-Committee or Project Implementation Sub-Committee, or engage suitable service providers or advisors or consultants to advise the Board for the efficient discharge of its functions;(vi)enter into and perform all such contracts as it may think necessary or expedient for performing any of its functions; and(vii)do such other things and perform such other acts as it may think necessary or expedient for the proper conduct of its functions and for carrying into effect the purposes of creation of the Board, as contained in this Act.
