State of Haryana - Act
The Haryana Development and Regulation of Urban Areas Rules, 1976
HARYANA
India
India
The Haryana Development and Regulation of Urban Areas Rules, 1976
Rule THE-HARYANA-DEVELOPMENT-AND-REGULATION-OF-URBAN-AREAS-RULES-1976 of 1976
- Published on 7 March 1976
- Commenced on 7 March 1976
- [This is the version of this document from 7 March 1976.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – 1. Short title.
- These rules may be called the Haryana Development and Regulation of Urban Areas Rules, 1976.2. Definitions.
- In these rules unless the context otherwise requires :-Part II – 3. Application for licence [Sections 3 and 24].
4. Percentage of area under roads, open spaces etc. in layout plans [Sections 3(3) 4 and 24].
5. Development works to be provided in colony [Section 3(3)].
- The designs and specifications of the development works to be provided in a colony shall include:-6. Preparation of layout-plans on payment of fees [Section 24].
- An owner of land intending to make an application under rule 3 may request that any or all the plans and documents referred to in sub-clauses (v) to (xi) of clause (e) of sub-rule (1) of rule 3 may be got prepared for him by the Director [on payment at rate of [five rupees per square metre.] [Substituted for the words' on payment of such fees as may be assesed by the Director' by Haryana Government Notification No. DP-82/M-31 dated 24.12.1982.] ]7. Return of application [Section 3(1)].
- No application under rule 3 shall be considered to be valid unless it is made in the prescribed form and is accompanied by the requisite documents and plans required to be furnished along with the application. In case of failure of such compliance, the application together-with other documents, if any, received therewith will be returned to the applicant intimating him the grounds for returning the application, for re-submission after compliance with the rules;8. Enquiry by Director [Section 3(2)].
9. Rejection of application [Section 3].
- The Director may after making inquiry as mentioned in sub-rule (1) of rule 8 and after giving reasonable opportunity of being heard to the applicant by an order in writing reject the application to grant licence in [form LC II] [Substituted by Haryana Government Notification No. DP-82/M-31 dated 24.12.1982.], if :-10. Applicant to be called upon to fulfil certain conditions for grant of licence [Section 3].
11. Conditions required to be fulfilled by applicant [Section 3(3)].
12. Grant of Licence [Section 3(3)].
13. Application for renewal of licence [Section 3(4)].
- In case a coloniser fails to complete the developments works within the period specified in sub-rule (2) or rule 12 for the reasons beyond his control, he may apply to the Director for the renewal of licence in form L.C. VI at least thirty days before the expiring of the licence and the said application shall be accompanied by :-| (a) Licence where completion certificate for part of the licenced area has not been issued under rule 16 : | at the rate of 10% of the fee prescribed in rule 3 for theissuance of licence; |
| (b) Licence where completion certificate for part of thelicenced area has been issued under rule 16 : | [not less than 25% of the amount calculated as per rates prescribed in clause 13(1)(a), based on the percentage of work still to be completed. The above percentage may be rounded off to multiples of 5;] [Substituted vide Haryana Notification No. 5DP-2000/9293 dated 17.6.2000 w.e.f. 5.8.1998.] |
14. Renewal of licence [Section 3(4)].
15. Execution of works [Section 24].
- The coloniser shall [start] [Substituted by Haryana Government Gazetted Notification No. 5DP-94/13852 dated 16.12.1994.] the laying out of the colony and development works within a period of three months of the grant of licence under rule 12 and shall complete the same before the expiry of the period of Licence.16. Completion certificate / part completion certificate [Section 24].
17. Transfer of licence [Section 24].
- The coloniser shall not transfer the licence granted to him under the rule 12 to any other person without the prior approval of the Director.18. Cancellation of licence [Section 8(1)].
19. [ Development works to be carried out by the Director in the colony [Section 8]. - (1) After cancellation of the licence or permission the Director shall by notice in form L.C. - XI call upon the coloniser to furnish within a specified time an audited statement of accounts duly certified and signed by the chartered accountant showing the amount actually recovered by him from each plot-holder and the amount he has actually spent on development works in the colony.
20. Release of Bank guarantee [Section 24].
- After the layout and development works or part thereof in respect of the colony or part thereof have been completed and a completion certificate in respect thereof issued, the Director may, on an application in this behalf from the coloniser, release bank guarantee or part thereof as the case may be :Provided that if the completion of the colony is taken in parts only, the part of the bank guarantee corresponding to the part to the colony completed shall be released :Provided further that the bank guarantee equivalent to 1/15th amount thereof shall be kept unreleased to ensure upkeep and maintenance of the colony or part thereof, as the case may be, for a period of five years from the date of issue of the completion certificate under rule 16 or earlier, in case the coloniser is relieved of the responsibilities in this behalf.Part III – 21. Application for obtaining exemption from grant of licence [Section 9(2)].
22. Enquiry by Director [Section 9(1)].
23. Grant or refusal of exemption [Section 9(1)].
- If after the enquiry the Director is satisfied that the application is fit for grant of exemption he will grant exemption in form EC-III.24. Submission of copies advertisements, etc. by coloniser [Section 24].
- On obtaining a license to set up a colony, the coloniser shall furnish to the Director an authenticated copy of the advertisement made by him for the sale of plots in the colony and of the terms of agreement entered into between him and each of the plot-holders.25. Maintenance of register [Sections 4 and 24].
26. Maintenance and submission of accounts [Sections 5 and 6].
27. Intimation of accounts number of Coloniser [Section 5].
- The coloniser shall intimate the account number and full particulars of the scheduled bank wherein he deposits fifty per centum of the amount realised by him from the plot holders for meeting the cost of internal development works in the colony.28. Intimation about deposit of amount [Section 5].
- The coloniser shall intimate in form AC on the fifth day of each month the amount realised by him from each of plot holders and the amount deposited by him in the scheduled bank during the proceeding month.29. Fee for copy of licence or exemption [Section 24].
- A fee of two rupees shall be charged for obtaining a copy of licence or exemption.30. Form and manner of appeal [Section 19].
1. Name _________________________________________________________
2. Father's name ___________________________________________________
3. Occupation _____________________________________________________
4. Permanent resident address ________________________________________
5. Address for the purpose of correspondence ____________________________
6. Whether applicant is income tax payer, ________________________________if so, the amount of income tax paidduring the each of the last three years.
7. Details of movable/immovable property ________________________________ held by the applicant.
8. Whether the applicant had ever been __________________________________granted permission to set up a colonyunder any other law, if so, detailsthereof
9. Whether the applicant has ever established _____________________________a colony or is establishing a colonyand if so, details thereof.
10. Any other information the applicant likes to furnish
2. I/We enclose the following documents in triplicate :-
3. The names and qualification of the Engineer responsible for the execution of the development works of the colony and given below and the engineer has also signed below in token on his engagement :-
Name of Engineer Qualification of Engineer Signature of Engineer1.
2.
3.
4. I/We enclose the further following documents :-
5. It is further submitted that I/we may be exempted from providing the following amenity/amenities in the proposed colony and an explanatory note in triplicate alongwith plans marked A, B, C (so on) as to why the said amenity/amenities are not required to be provided in the colony is enclosed :-
Amenities6. I/We solemnly affirm that the particulars given in para 1 above are correct to the best of my/our knowledge and behalf.
Dated:- Your's faithfullyPlace (Name and address)Attested :Oath Commissioner/Magistrate, Ist classForm LC-II(See Rule 9)FromThe Director,Town and Country Planning, Haryana,ChandigarhTo------------------------------------------------------------------------------------------------------------------------------------------------------------Memo No. Dated theReference your application, dated ------------------------ for grant of a licence.2. It is regretted that the grant of licence is refused for the reasons given below :-
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Director, Town and Country Planning,Haryana, ChandigarhForm LC-IIIRegistered A.D.FromThe Director,Town and Country Planning, Haryana, Chandigarh.To---------------------------------------------------------------------------------------------------------Memo No. DatedReference your application dated ---------------- for the grant of licence to set up a colony at ------------------ Tehsil ------------------ District -----------------2. It is proposed to grant licence to you for setting up a colony at -------------- tehsil ------------------- district ---------------- You are therefore called upon to fulfil the conditions laid down in rule 11 of the Haryana Development and Regulation of Urban Areas Rules 1976 within a period of thirty days from the date of the service of notice.
Director,Town and Country Planning,Haryana, ChandigarhForm LC-IV(See rule 11)Agreement by owner of land intending to set up a colony.This agreement made on the -------------------------- day of ----------------- One thousand nine hundred and Eight. ---------------- between Shri/M/s -------------s/o Shri ----------------- resident of ------------------(hereinafter called the owner) of the one part and the Governor of Haryana, acting through the Director, Town and Country Planning, Haryana (hereinafter referred to as the Director) of the other part.Whereas the owner is in possession of or otherwise well entitled to the land mentioned in Annexure hereto for the purpose of covering into residential/commercial/industrial colony ;And whereas under rule 11, one of the conditions for the grant of licence is that the owner shall enter into an agreement for carrying out and completion of development works in accordance with the licence finally granted for setting up a colony at ----------------- tehsil --------------- and district ------------Now This Deed Witness (sic) As Follows1. In consideration of the Director agreeing to grant licence to the owner to set up the said colony on the land mentioned in Annexure here to on the fulfilment of all the conditions laid down in rule 11 by the owner the owner hereby convents as follows:-
2. Provided always and it is hereby agreed that if the owner shall commit any breach of the terms and conditions of this agreement or violate any provision of the Act or these rules, then and in any such case, and notwithstanding the waiver of any previous cause or right, the Director, may cancel the licence granted to him.
3. Upon cancellation of the licence under clause 2 above, the Government, may acquire the area of the aforesaid colony under the Land Acquisition Act, 1894 and may develop the said area under any other law. The Bank guarantee in that events shall stand forfeited in favour of the Director.
4. The stamp and registration charges on this deed shall be borne by the owner.
5. The expression the 'owner' hearing before used shall include his hirers, legal representatives, successors and permitted assigns.
6. After the layout and development works or part there of in respect of the colony or part there of have been completed and a completion certificate in respect thereof issued, the Director may on an application in this behalf from the owner release the bank guarantee or part there of as the case may be, provided that if the completion of the colony is taken in parts only the part of bank guarantee corresponding to the part of the colony completed shall be released and provided further that the bank guarantee equivalent to 1/5th amount thereof shall be kept unrealised to ensure unkept and maintenance of the colony or the part thereof as the case may be for a period of five years from the date of issue of the completion certificate under rule 16 or earlier in case the owner is relieved of the responsibilities in this behalf by the Government.
In witness where of the coloniser and the Director have signed this deed on the day and year first above written.| 1. Witnesses :- | The owner |
| 1. ----------------------------- | |
| 2. ----------------------------- | Director for & on behalf of the Governor of Hr. |
| 2 | |
| 1. ------------------------------ | In case the owner is exempted from |
| 2. ------------------------------Dated : Annexure | providing any one or more amenities sub clauses (a), (b) &(c) may be modified accordingly. |
2. The particulars of land wherein the aforesaid colony is to be set up are given in the scheduled annexed hereto and duly signed by the Director, Town and Country Planning, Haryana.
3. The licence has been excepted from providing the following amenity/amenities in the aforesaid colony ;-
1.
2.
3.
4. The licence granted is subject to the conditions ;-
5. The licence is valid upto..............
Director Town and Country PlanningHaryana, Chandigarh| Sr. No. | Date of renewal | Date up to which renewed. | Signature of the Director |
| 1. | |||
| 2. | |||
| 3. |
2. As required I/We submit :-
| Date | Yours faithfully |
| Place | (Name and address) |
2. I/We have to intimate that the said colony has been laid out and completed part of the colony as shown on the enclosed plan has been completed in all respects as per terms and conditions of the licence granted by you. I/We, therefore, request that a completion certificate in respect of the whole colony/the said part of the colony may kindly be issued as required under rule 16.
3. As required I/We enclose the layout plan of the colony in triplicate showing the whole/part thereof over which the said works have been completed.
Yours faithfully,DatedPlaceForm LC-IX[See rule 16(2)]Registered A.D.FromThe Director,Town and Country Planning,Haryana, ChandigarhTo------------------------------------------------------------------------------Memorandum No.DatedReference your application dated, the ............... requesting for completion certificate in respect of your colony/part of colony for which licence was granted, vide this office memorandum No.................... dated...................2. It is hereby certified that the required development works on the whole of the colony/part of the colony as indicated in the enclosed outlay, duly signed by me :-
2. You are hereby required to set the aforesaid deficiencies and deviations in order within a period of...................from the date of this notice and report compliance.
Director,Town and Country Planning,Haryana, Chandigarh.[Form LC-XA [Inserted by Notification No. 3984., dated 7.3.2012.][See rule 18(2)]Registered A.D.FromThe Director,Town and Country Planning,Haryana, Chandigarh.To__________________________________________________________________________________Memorandum No......................................................Dated the..........................Whereas a notice under Sub-rule (1) of rule 18 was issued to you vide this office memorandum No. __________________________dated the_______________________;And whereas, despite the said notice, you have failed to comply with the same.Now, therefore, you are hereby required to show cause within a period of one month from the date of receipt of this notice why the licence already granted to you under rule 12 in respect of the aforesaid colony should not be cancelled. In case no reply is received within the aforesaid period, it shall be presumed that you have no cause to show and further action shall be taken in accordance with the rules.(Sd/-)....,Director,Town and Country Planning,Haryana, Chandigarh.][Form LC XI] [Inserted vide Haryana Government Notification No. GSR53/HA 8/75/S.24/87, dated 16.6.1987.][See rule 19(1)]RegisteredFromThe Director,Town and Country Planning.Haryana, Chandigarh.To------------------------------------------------------------Memorandum No.Dated theWhereas your licence/permission has been cancelled and you are not to carry out the development works in the colony, you are hereby required to furnish within fifteen days an audited statement of accounts duly certified and signed by a chartered accountant showing the amount actually recovered by you from each of the plot-holder and the amount you have actually spent on development works in the colony. In case you fail to comply with this direction action as admissible under the Haryana Development and Regulation of Urban Areas Act, 1975 will be taken.Director, Town and Country Planning,Haryana, Chandigarh.[Form LC XII] [Inserted vide Haryana Government Notification No. GSR 53/HA8/75/S.24/87, dated 16.6.1987.](See rule 19(3)]RegisteredFromThe Director,Town and Country Planning,Haryana, Chandigarh.To----------------------------------------------------Memorandum No.Dated theWhereas your licence/permission has been cancelled and the development works in the..................colony are proposed to be carried out by the undersigned and the estimated cost of these works will be Rs.....................you are hereby required under section 9 of the Haryana Development and Regulation of Urban Areas Act, 1975 to pay Rs.........................by a demand draft within thirty day of the service of this notice, failing which the said amount of Rs..................will be recovered from you as arrears of land revenue.Director, Town and Country Planning,Haryana, Chandigarh.[Form LC XIII] [Inserted vide Haryana Government Notification No. GSR 53/HA8/75/S.24/87, dated 16.6.1987.][See rule 19(3)]RegisteredFromThe Director,Town and Country Planning, Haryana,Chandigarh.To------------------------------------------------------------------------------Memorandum No.Dated theWhereas the licence/permission of the ...................coloniser has been cancelled and the development works in the ....................colony are to be executed by the Director and the estimated cost of there development works would be Rs...................., you are hereby required under section 8 of the Haryana Development and Regulation of Urban Areas Act, 1975, to pay Rs...................by a demand draft within thirty days of the service of this notice failing which the said amount of Rs...................will be recovered from you as arrears of land revenue.Director, Town and Country Planning,Haryana, Chandigarh.Form EC-I(See Rule 21)Registered A.D.From--------------------------------ToThe Director,Town and Country Planning Department,Haryana, Chandigarh.Sir,I/We beg to apply for grant of exemption from obtaining the licence and submit that;-| Sr. No. | No. of plots | Category of plot i.e. Whether resi. or commercial | Area of plot | To whom plot sold (full particulars given) | Whether full price of plot has been received if so | Date of sale | If sale deed executed if so, the date there of witha copy of deed | Remarks |
| Sr.No. | No. of plots | Category of plot i.e. whether resi. comme. or Ind. | Area of plot | To whom the plot had been agreed to be sold (fullparticulars be given) | Date of agreement for sale of plot with a copy ofagreement | Price of plot fixed | Amount rec. as earnest money in the form ofinstalments if any. | Remarks |