Section 85 in Haryana Urban Development Authority Act, 1977
85. Transfer of assets, liabilities, powers etc. to Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.].
(1)As from the date of the constitution of a Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] under sub-section (3) of Section 62, the powers and functions of Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] shall stand transferred to Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] in respect of the Local Development area for which it is constituted.(2)Notwithstanding the provisions of sub-section (1), -(a)anything done or any action taken including any notification, order, scheme, permission or rule made, granted or issued by the Government or the Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] shall, so far it is not inconsistent with the provisions of this Chapter, continue in force and be deemed to have been done or taken by the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] unless and until it is superseded by anything done or any action taken under this Chapter;(b)all property movable and immovable and all interests of whatsoever nature and kind therein vested in the Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] and situated in the local development area before the constitution of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] under sub-section (3) of Section 62 shall vest in the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.];(c)all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by the Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] before the constitution of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.], shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.];(d)all fees and other sums of money due to the Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] immediately before the constitution of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] shall be deemed to be due to the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.];(e)all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] in respect of the local development area may be continued or instituted by, for or against the concerned Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.].(3)All land acquisition proceedings initiated by the Government on behalf of Haryana [Shehri Vikas Pradhikaran] [Substituted 'Urban Development Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] or otherwise in respect of local development area shall continue to be in force and shall be deemed to have been done on behalf of and for the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] concerned.(4)[(a) From the date of the constitution of a Local Development [Pradhikaran] [Substituted by Haryana Act No. 23 of 2004.] for a local development area, falling within the jurisdiction of a Municipal Corporation and the controlled area declared under the erstwhile Faridabad Complex (Regulation and Development) Act, 1971 (42 of 1971) or under the Haryana Municipal Corporation Act, 1994 (16 of 1994), the Commissioner, Municipal Corporation shall cease to exercise powers under the provisions of Sections 346 to 349 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), and all acts done by the Chief Administrator of the erstwhile Faridabad Complex Administration or the Commissioner, Municipal Corporation shall be deemed to have been done by the Vice-Chairman of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.].](b)All development charges and other related sums of money in respect of the local development area, due from any person to the [Municipal Corporation] [Substituted for the words 'Faridabad Complex Administration' by Haryana Act No. 23 of 2004.], shall be deemed to be due to the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.].(5)Immediately after the constitution of a Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.], a [municipal committee/council] [Substituted for the words 'municipal committee' by Haryana Act No. 23 of 2004.] in local development area shall cease to exercise any power under the provisions of sections 172 to 181, 184 to 186, 188, 193, 198, 201 to 211 and 218 to 220, of the Haryana Municipal Act, 1973, and the powers under the aforesaid sections shall be exercised by the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.]; and further, that all acts done by the [municipal committee/council] [Substituted for the words 'municipal committee' by Haryana Act No. 23 of 2004.] in respect thereof shall be deemed to have been done by the Vice-Chairman of a Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.].(6)The persons and functions vested with the Director, Town and Country Planning under Sections 7, 10 and 11 of the Haryana Development and Regulations of Urban Areas Act, 1975 (Act 8 of 1975) shall be exercised by the Vice-Chairman of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] from the date of its constitution.Note. - The urban area under Section 2 of the said Act shall be deemed to be a local development area of the concerned Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.].(7)All the powers and functions of the Director, Town and Country Planning under Sections 3, 6, 9, 12, 13, 14, 15 and 16 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act 41 of 1963) shall be exercised by the Vice-Chairman of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] from the date of the constitution of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] in respect of its local development area.
