Section 3 in The Haryana Development and Regulation of Urban Areas Act, 1975
3. 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 and conversion charges as may be prescribed. [***] [Omitted 'The application shall be accompanied by an income-tax clearance certificate' by Haryana Act No. 27 of 2013, dated 15.10.2013.]:Provided that if the conversion charges have already been paid under the provisions of the punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963), no such charges shall be payable under this section:[Provided further that the schedule of payment of fee and charges for various licence colonies shall be such, as may be specified by the Government by directions issued from time to time under section 9A of this Act.] [Inserted by Haryana Act No. 32 of 2019, dated 3.9.2019.][Provided further that owner may enter into an agreement jointly or severally with a developer for pooling of land for grant of licence:] [Added by Haryana Act No. 8 of 2016, dated 20.4.2016][Provided further that for such colonies located in such land use zones of various notified development plans, where in the opinion of the Government, the licences are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions:] [Added by Haryana Act No. 14 of 2018, dated 19.4.2018][Provided further that for such colonies located in such land use zones of various notified development plans, where in the opinion of the Government, the licences are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions.] [Added by Haryana Act No. 14 of 2018, dated 19.4.2018.](1A)[ All such applications received in response to the notice issued by the Director against policy for auction of licences that are considered to be in order by the Director shall, in addition to the prescribed requirements, also be liable for payment of location premium, as determined through the bidding/auction process, in such manner and in such time frame as conveyed by the Director. The amount received against location premium shall be utilised for provision, maintenance and augmentation of external development works and shall be recovered in addition to the prescribed rates of development charges received against external development works from a colonizer.] [Inserted by Haryana Act No. 14 of 2018, dated 19.4.2018](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;(c)capacity to develop a colony;(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 in the external development works as defined in clause(g) of section 2 are to be carried out by the government or my other local authority. The proportion in which and the time within which, such payment is to be made shall be determined by the Director;] [Substituted by Haryana Act No. 11 of 2003.](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, within a period of five years from grant of licence or in the extended period as allowed by the Director and failing which the land shall vest with the Government after such specified period, free of cost, in which case the Government shall be at liberty to transfer such land to any person or institution including a local authority, for the said purposes, on such terms and conditions, as it may deem fit: [Substituted by Haryana Act No. 7 of 2019, dated 31.1.2019.]Provided that in case the licensee, the purchaser or the person claiming through him fails to construct and use the site for the purpose it was meant for in the prescribed period and seeks extension, the Director may, if satisfied after making such enquiry, as he may consider necessary, extend the construction period for a maximum period of five years at a time, after recovery of such extension fees, as may be prescribed on per-acre per-annum basis:Provided further that a show cause notice shall be issued and an opportunity of hearing shall be given before vesting the land in the Government:Provided further that the applicant shall be exempted from the provisions of this clause where compliance of clause (iv-b) is sought by the Director.Explanation. - In all licences issued at any date prior to the 3rd April, 2013, no extension fees shall be leviable for any extended period of construction prior to the 3rd April, 2018;][(iv-a) to pay proportionate cost of construction of such percentage of sites of such school, hospital, community centre and other community buildings and at such rates as specified by the Director;] [Inserted by Haryana Act No. 4 of 2012, dated 3.4.2012.][(iv-b) to hand-over the possession and transfer the ownership of such land, as demarcated and identified in the approved layout plan, in such form and manner, as may be specified by the Director and such land shall vest with the Government to achieve the objective of creation of community buildings, housing, commercial and other physical and social urban infrastructure, in such colonies where a condition to this effect is imposed by the Director, before grant of licence;] [Inserted by Haryana Act No. 8 of 2016, dated 20.4.2016.](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 ;(vi)[ to fulfil such terms and conditions as may be specified by the Director at the time of grant of licence through bilateral agreement as may be prescribed:] [Added by Haryana Act No. 15 of 2006, dated 20.3.2006.]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 [[five] [Substituted 'two years' by Haryana Act No. 5 of 2009, dated 18.3.2009.]], and will be renewable from time to time for a period of [five years] [Substituted 'two years' by Haryana Act No. 7 of 2019, dated 31.1.2019.], on payment of prescribed fee.(5)[ Each colony may comprise of one or more licenses with contiguous land pockets.] [Substituted by Haryana Act No. 5 of 2009, dated 18.3.2009.](6)[ After the colonizer has laid out the colony in accordance with the approved layout plan and executed the internal development works in accordance with the approved design and specifications, he may apply to the Director for grant of completion or part-completion certificate. The Director may enquire into such matters, as he deems necessary before granting such certificate.(7)After enquiry under sub-section (6), the Director may, by an order in writing, grant completion or part-completion certificate on such terms and conditions and after recovery of infrastructure augmentation charges, as may be prescribed:Provided that where in the agreement executed to set up a colony, a condition was incorporated for deposit of surplus amount beyond maximum net profit @ 15% of the total project cost and the colonizer has not taken the completion certificate of the said project, then notwithstanding the said condition in the agreement, the colonizer shall have the option either to deposit the infrastructure augmentation charges as applicable from time to time at any stage before the grant of such completion certificate and get the exemption of the restriction of net profit beyond 15% or deposit the amount as per the terms of the agreement.] [Added by Haryana Act No. 16 of 2010, dated 30.9.2010.]
