The Haryana Town Improvement Act, 2008 (36 of 2008)

haryana · 2008

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Inserted by Haryana Act 14 of 2013
S. 2For Statement of Objects and Reasons, see Haryana Government Gazette (Extra
S. 3Section 3 vests the duty of implementing the Act in a local area with a town improvement trust, which is a body corporate with perpetual succession.
S. 4Section 4 establishes a nine-member trust for town improvement, appointed by the State Government, including a chairman and elected members.
S. 5Section 5 outlines the chairman's three-year term, eligibility for reappointment, and office termination upon trust dissolution.
S. 6Section 6 details the term of office for various trustees under the Haryana Town Improvement Act, 2008.
S. 7Section 7 allows trustees to resign, their resignation is effective only upon acceptance, and trustees may be reappointed after their term ends.
S. 8Section 8 mandates the State Government to fill trustee vacancies and outlines conditions for appointment and reappointment.
S. 9The chairman and each trustee shall receive such salary or remuneration as may be sanctioned by the State Government
S. 10Section 10 allows the Haryana State Government to remove trustees for various reasons including incapacity, misconduct, or conflict of interest.
S. 11Section 11 specifies conditions under which trustees removed from the Haryana Town Improvement Act can be re-appointed.
S. 12Section 12 protects actions by town improvement trusts from being challenged due to membership or appointment defects.
S. 13Section 13 outlines the meeting procedures and quorum requirements for the Haryana Town Improvement Act's governing trust.
S. 14Section 14 allows the trust to collaborate with non-voting advisors for specific purposes.
S. 15Section 15 allows the trust to form committees, delegate powers to them, and dissolve or alter them as needed.
S. 16Section 16 outlines the meeting procedures and quorum requirements for committees under the Haryana Town Improvement Act, 2008.
S. 17Section 17 prohibits trustees with conflicts of interest from voting or participating in trust proceedings related to their interests.
S. 18Section 18 allows the Haryana State Government to form trust services, with their salaries and benefits funded by the trust.
S. 19The trust can hire officials and set their pay with state government approval under this Act.
S. 20Section 20 outlines the authority to appoint, promote, grant leave, and dismiss trust officers and officials for misconduct.
S. 21Section 21 gives the chairman oversight and control over trust members and employees.
S. 22Section 22 allows the chairman to delegate powers, duties, or functions to trust officers, except those restricted by sections 24 and 98.
S. 23(1)The State Government may, by notification, delegate all or any of its powers under this Act, except the power to make
S. 24Section 24 mandates the chairman to supply the State Government with trust meeting minutes, documents, and any requested information or reports.
S. 25Section 25 authorizes the State Government to issue directions to the trust for implementing the Act, including enforcing land use restrictions and creating area-specific schemes.
S. 26Section 26 empowers the trust to frame improvement schemes for insanitary localities, including rebuilding, if deemed necessary.
S. 27Whenever it appears to the trust that for the purpose of— (i) providing building sites; or General powers of State Gover
S. 28Section 28 allows the trust to create development and expansion schemes for locality improvements and infrastructure.
S. 29Section 29 allows the trust to create a re-housing scheme for displaced persons due to town improvement projects.
S. 30Section 30 ensures displaced house-owners can apply for rehousing before any town improvement scheme execution.
S. 31(1) A scheme under this Act may combine one or more types of schemes or any special features thereof
S. 32Section 32 mandates the trust to prepare schemes on committee land and share sale proceeds according to agreed terms.
S. 33Section 33 prevents the committee from setting building lines for streets in schemes approved by the trust and state government.
S. 34Section 34 allows the trust to require buildings to be set back or forward for street improvement and compensates owners for damages.
S. 35Section 35 prohibits erecting or altering buildings beyond specified street alignments without trust permission.
S. 36Section 36 allows property owners to request the trust to acquire their property in a deferred street scheme after sanction, with a six-month notice period.
S. 37Section 37 allows the Haryana Town Improvement Act committee to frame schemes either on its own or upon official representation, consulting the Deputy Commissioner.
S. 38Section 38 outlines the trust's process for considering official representations and the State Government's role if the trust delays or refuses to act.
S. 39Section 39 outlines criteria and procedures for preparing development schemes for localities under the Haryana Town Improvement Act, 2008.
S. 40Section 40 mandates the trust to publish and distribute a notice about framed schemes, inviting objections within thirty days.
S. 41Section 41 mandates the committee to forward any deemed fit representations regarding the improvement scheme to the trust within thirty days.
S. 42Section 42 mandates the trust to notify property owners and occupiers of proposed acquisitions under the Act.
S. 43Section 43 mandates the committee to provide the chairman with relevant locality information on request, after payment of prescribed fees.
S. 44Section 44 details the trust's process for considering objections to town improvement schemes and forwarding recommendations to the State Government.
S. 45The State Government can approve, modify, reject, or request reconsideration of town improvement schemes submitted under section 44.
S. 46Section 46 mandates the Haryana State Government to sanction town improvement schemes, with execution by the trust, unless deferred, and notifies scheme sanction as conclusive evidence.
S. 47Section 47 allows the trust to make minor scheme alterations with State Government approval, except for cost increases over 20% or land acquisitions not sanctioned.
S. 48Section allows the Haryana State Government to modify or cancel approved town improvement schemes for public benefit.
S. 49Section allows combining multiple town improvement schemes into one under the Haryana Town Improvement Act.
S. 50Section 50 mandates the trust to execute schemes within five years, with possible extensions by the State Government.
S. 51Section 51 allows the trust to take over buildings or land for schemes, compensating the committee for any loss.
S. 52Section 52 mandates that no drain or water work vests in the trust until the trust provides a satisfactory replacement, with disputes referred to the State Government.
S. 53Section 53 empowers the trust to develop, improve, and manage public streets, and to compensate affected individuals for discontinued street use.
S. 54Section 54 of the Haryana Town Improvement Act, 2008, applies provisions from the Municipal Act to a trust for executing schemes and allows the trust to make bye-laws for localities outside committee limits.
S. 55Section 55 restricts the trust's ability to act on certain municipal sections without prior committee consent or referral to the State Government if no consent is given.
S. 56Section 56 allows the trust to recover an annual betterment contribution from property owners whose value has increased due to schemes, up to 50% of the maximum increase.
S. 57Section 57 determines betterment contributions based on property market value changes due to town improvement schemes.
S. 58Section 58 of the Haryana Town Improvement Act, 2008 authorizes the State Government to levy and collect betterment contributions from property owners.
S. 59Section 59 allows property owners to object to betterment contributions and request property acquisition by the trust, subject to state approval.
S. 60Section 60 empowers the trust to acquire properties, provide guarantees or subsidies, and construct roads, subject to state government approval.
S. 61Section 61 allows the trust to survey land or contribute to surveys with Deputy Commissioner's approval.
S. 62Section 62 grants the chairman or authorized persons the power to enter land for inspections, surveys, and other necessary activities for town improvement purposes.
S. 63Section 63 resolves disputes over compensation between the trust and claimants by referring them to civil courts within specific timeframes.
S. 64Section 64 vests streets and open spaces improved by the trust in the committee for maintenance and repair.
S. 65Section 65 authorizes the Deputy Commissioner or authorized officers to inspect, survey, and inquire into trusts' properties and affairs.
S. 66Section 66 allows the Deputy Commissioner to suspend or prohibit actions by a trust if they exceed legal powers or harm public interests.
S. 67Section 67 empowers the Deputy Commissioner to appoint someone to fulfill a trust's defaulted duty and recover expenses from the trust fund.
S. 68Section 68 mandates the Deputy Commissioner to report orders to the State Government for review and potential confirmation, modification, or rescinding.
S. 69Section 69 allows the trust to provide explanations to the State Government regarding Deputy Commissioner's orders.
S. 70Section 70 allows the State Government to acquire land for the Act and transfer it to the trust after compensation and charges are paid.
S. 71Section 71 allows landowners to apply to abandon land acquisition in Haryana schemes if deemed unnecessary, in exchange for a fixed payment.
S. 72Section 72 allows land previously agreed for or paid for under section 71 to be acquired again under the Land Acquisition Act.
S. 73Section 73 deems a trust under the Haryana Town Improvement Act as a local authority for borrowing money and executing schemes.
S. 74Section 74 mandates a committee to pay 2% of its annual income to the trust for locality improvement, with disputes on income referred to the State Government.
S. 75Section 75 mandates trust funds to deposit money in nationalized/cooperative banks, with prior state government approval for non-expenditure fixed deposits.
S. 76Section 76 allows the State Government to recover unpaid loans from trust funds and imposes a charge on trust property for such payments.
S. 77(1) The State Government may make rules consistent with the provisions of this Act
S. 78Section 78 allows trusts to create regulations with state government approval for various trust operations and management.
S. 79Section 79 mandates the chairman to print and distribute rules and regulations, and advertise their availability.
S. 80The Haryana Town Improvement Act allows the State Government to cancel any trust regulation it previously sanctioned.
S. 81Section 81 mandates that notices or bills under the Haryana Town Improvement Act must be signed by authorized officials and cannot be invalidated for form defects.
S. 82Section 82 specifies the method for public notices under the Haryana Town Improvement Act, deeming them duly given if published in a local newspaper and posted on a notice board.
S. 83Section 83 outlines the methods for serving notices and bills under the Haryana Town Improvement Act, 2008, including registered mail, posting, and affixing on property.
S. 84Section 84 imposes fines for non-compliance with requirements under the Haryana Town Improvement Act, 2008.
S. 85Section allows the trust to execute required work or actions if notice recipient fails to comply, and recover expenses as land revenue arrears.
S. 86Section 86 allows the trust to collect rent from occupiers on behalf of non-owning property owners, treating payments as if made to the owner.
S. 87Section 87 allows occupiers to execute required works and recover costs from owners or deduct from rent if owners default.
S. 88Section 88 allows owners to seek court orders compelling occupiers to allow necessary actions on buildings or land.
S. 89Section 89 allows occupiers to recover reasonable costs from owners for work done in compliance with the Act.
S. 90Section 90 allows trust to recover removal expenses from sale proceeds or owner as land revenue arrears.
S. 91Section 91 provides relief to trustees or agents from obligations if they lack sufficient funds from the owner.
S. 92Section 92 penalizes unauthorized removal of street construction materials or obstructions with fines up to 500 rupees.
S. 93Section 93 allows the chairman to order the stoppage and removal of unauthorized building alterations.
S. 94Section penalizes obstructing contractors or removing construction marks with fines or imprisonment.
S. 95Section 95 deems trustees and trust officials as public servants under the Indian Penal Code.
S. 96Section 96 mandates the trust to cover leave allowances, gratuity, and pension for state officials employed by the trust.
S. 97Section 97 restricts court cognizance of offences under the Haryana Town Improvement Act to complaints from the trust or authorized persons.
S. 98Section 98 authorizes the chairman to initiate, defend, or withdraw from legal proceedings under the Act and obtain legal advice.
S. 99Section 99 protects the trust, trustees, and officials from legal actions for good faith actions under the Act.
S. 100Section 100 of the Haryana Town Improvement Act, 2008 provides immunity from suits against trustees and associated persons until notice is given, and limits recovery to tendered amounts.
S. 101Certified copies of trust documents are admissible as evidence in court, equivalent to the originals.
S. 102Section 102 protects trustees and officials from being compelled to produce trust documents or testify unless a court orders it for special reasons.
S. 103Section 103 validates actions under the Haryana Town Improvement Act despite vacancies, defects, or irregularities in the trust or committee.
S. 104Section 104 allows the trust to compensate individuals for damages caused by its powers under the Haryana Town Improvement Act.
S. 105Section 105 allows the State Government to dissolve a trust if it persistently defaults or is negligent, all schemes are executed, or dissolution is deemed necessary.
S. 106(1) The Punjab Town Improvement Act, 1922 (Act 4 of 1922), in its application to the State of Haryana, is hereby re
S. 107Validation