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[Cites 0, Cited by 26] [Entire Act]

State of Haryana - Section

Section 2 in The Haryana Development and Regulation of Urban Areas Act, 1975

2. 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;] [Added by Haryana Act No. 11 of 1989.]
Inserted by Haryana Act No. 5 of 2013, dated 5.4.2013.[(aaa) "Board" means the Haryana Infrastructure Development Board constituted under section 3AA;]
(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;
(bb)[ "change in beneficial interest" means change in existing developer, assignment of joint development rights, marketing rights or cumulative change in shareholding pattern beyond twenty-five percent of shareholding existing at the time of grant of licence;] [Inserted by Haryana Act No. 11 of 2017, dated 3.4.2017]
(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 the construction of flats in the form of group housing or for the construction of integrated commercial complexes, but an area of land divided or proposed to be divided- [Substituled by Haryana Act No. 11 of 2003.]
(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 sanction 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]
(d)[ "colonizer" means an individual, company or association or body of individuals, whether incorporated or not, owning land for converting it into a colony and to whom a licence has been granted under this Act and shall include a developer;] [Substituted by Haryana Act No. 8 of 2016, dated 20.4.2016.]
(dd)[ "cyber city" means self contained intelligent city with high quality of infrastructure, attractive surrounding and high speed communication access to be developed for neculeating the Information Technology concept germination of medium and large software companies and Information Technology enabled services, wherein no manufaturing units shall be permitted; [Inserted by Haryana Act No. 11 of 2003.]
(ddd)"Cyber park" means an area developed exclusively for locating software development activities and Information Technology Enabled Services, wherein no manufacturing of any kind (including assembling activities) shall be permitted;]
(d1)[ `developer' means an individual, company, association, firm or a limited liability partnership, designated through a collaboration/ development agreement with the owner for making an application for grant of licence and for completion of formalities required on behalf of such owner to develop a colony; [Inserted by Haryana Act No. 8 of 2016, dated 20.4.2016.]
(d2)`development rights' means the rights given for development of land within the urbanisable limit of development plan either to an owner who surrenders such land to vest with the Government without claiming any compensation for the purpose of obtaining TDR Certificate or to a colonizer whom a PDR Certificate has been issued, after fulfilling such terms and conditions and on payment of such fee, as may be prescribed;]
(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, in the official Gazette, 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;
(gg)"flat" means a part of any property, intended to be used for residential purposes, including one or more rooms with enclosed spaces located on one or more floors, with direct exit to a public streets or road and includes any garage or room whether or not adjacent to the building in which such flat is located provided by the coloniser/owner of such property for use by the owner of such flat for parking any vehicle or for residence of any person employed in such flat, as the case may be;
(h)"Government" means the Government of the State of Haryana;
(hh)[ "group housing" means a buildings designed and developed in the form of flats for residential purpose or any ancillary or appurtenant building including community facilities, public amenities and public utility as may be prescribed; [Inserted by Haryana Act No. 11 of 2003.]
(hha)[ "State Infrastructure Development Charges" includes the cost of development of major infrastructure projects;]
(hhb)[ "Infrastructure augmentation charges" includes the cost of the augmentation of major infrastructure projects;] [Inserted by Haryana Act No. 16 of 2010, dated 30.9.2010. ]
(hhh)"integrated commercial comples" means building containing apartments sharing common services and facilities and having their undivided share in the land and meant to be used for office or for practising of any profession or for carrying on any occupation, trade, business or such other type of independent use as may be prescribed;]
(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;] [Substituted by Haryana Act 17 of 1996.]
(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;] [Inserted by Haryana Act No. 27 of 2013, dated 15.10.2013.]
(jaa)[ "location premium" means an amount over and above the prescribed fee and charges that an applicant is willing to pay to the Government to obtain the licence against applications received under sub-section (1A) of section 3, as determined through bidding/auction process in pursuance of the policy issued by the Government in this regard, from time to time;] [Inserted by Haryana Act No. 14 of 2018, dated 19.4.2018]
(jj)[ "major infrastructure projects" include national/state highways transport, major water supply scheme and power facilities etc.] [Inserted by Haryana Act No. 5 of 2007, dated 3.4.2007.]
(jjj)[ `notional land' means the theoretical land of which TDR Certificate has been issued;] [Inserted by Haryana Act No. 8 of 2016, dated 20.4.2016.]
(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/flat holder" means a person in whose favour a plot/flat 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
(nn)[ "property dealer" means any person/agent who runs the business of purchase or sale of plots, flats or apartments integrated commercial complex or issues advertisement for sale thereof on behalf of owners and;] [Inserted by Haryana Act No. 11 of 2003.]
(n1)[ `Purchasable Development Rights Certificate (PDR Certificate)' means the certificate of development rights given to a colonizer in a specified colony which shall not be resalable or transferable; [Inserted by Haryana Act No. 8 of 2016, dated 20.4.2016.]
(n2)`Transferable Development Rights Certificate (TDR Certificate)' means the certificate of development rights given to an owner who surrenders such land to vest with the Government without claiming any compensation and such certificate may be sold within urbanisable limit of a development plan by the owner;]
(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.