Tuesday, June 4, 2019

Haryana Cabinet approves Haryana Development and Regulation of Urban Areas Act

CHANDIGARH, JUNE 4
The Haryana Cabinet which met under the chairmanship of Chief Minister Mr Manohar Lal here today approved the amendment in the Haryana Development and Regulation of Urban Areas Act, 1975. The new Act will be called the Haryana Development and Regulation of Urban Areas (Second Amendment) Act, 2019.
          As per the new Act, notwithstanding any judgement, decree or order of any court or tribunal or other authority to the contrary, any action taken with regard to the levy of compound interest on the payment towards development charges, either through the issuance of executive instructions or through conditions prescribed in the bilateral agreement executed at the time of grant of license or through any undertaking obtained from the colonizer, or any action taken or things done or purporting to have been taken or done, before the commencement of Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2018, will be deemed to be as valid and effective as if such action was taken or done in accordance with the provisions of the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2019 and any executive instructions or any bilateral agreement or any undertaking obtained in this regard.
          All such payments/recoveries made will be deemed to be as valid and effective as if such payment by the colonizer is made, or bilateral agreement were executed, or executive instructions were issued or undertakings were obtained or recoveries were made in accordance with the provisions as amended and validated in accordance with provisions contained in the the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2019 and will not be called in question in any court or tribunal or other authority.
          Provided that with respect to the amount already recovered against the compound interest component made towards deferred payment of development charges by various colonizers. All acts, proceedings or things done or action taken by the government or by any other official of the government or by any authority, in connection with the levy of compound interest on the deferred payment of external development charges by the Director either through issuance of executive instructions or through conditions prescribed in bilateral agreement or through any undertaking obtained from colonizer, for all purposes be deemed to be and to have always been done or taken in accordance with law.
          No suit or other proceedings will be maintained or continued in any court or before any authority for the refund of any such amount already deposited or for nullification of bilateral agreement already made, executive instructions already issued and undertaking obtained.
          No court or authority will enforce a decree or order directing the refund of any such compound interest so charged or for nullification of bilateral agreement executed or any executive instructions issued or any undertaking obtained in this regard.
HDPD FIELD OFFICERS RULES AMENDED: The Haryana Cabinet has approved the amendment in Haryana Development and Panchayats Department (Group C) Field Officers Rules, 2012.
          Under the amendment,  the qualifications for the post of Gram Sachiv has been raised  from Matric to Graduate keeping in view the nature of duties of Gram Sachiv and to bring uniformity with Patwaris, whose qualifications were raised to graduate in December 2018, for promotion to the post of Social Education and Panchayat Officer.

 PUNJAB POLICE (HARYANA AMENDMENT) RULES: The cabinet has approved Punjab  Police (Haryana Amendment) Rules, 2019.
          The amendment envisages  the benefit  of 5 marks to a candidate only in his first job.   As per the amendments  five marks will be given only if neither the applicant nor any persons from among the applicant’s  father, mother, spouse, brothers and son is, was or has been a regular employee in any department, Board, Corporation, Company, Statutory Body, Commission, Authority of Government of Haryana or any other state government or Government of India.  He would  not be entitled to the benefit  in his subsequent jobs.
          Moreover, the existing rule  provides 5 marks   to orphan  ie if candidate loses both the parents early in life.  Now as per the  amendment the benefit of five marks will be given only to the first or second child if his father had died before attaining the age of 42 years or  to the first or the second child if his father had died before the applicant had attained the age of 15 years.   Widows will remain entitled to five marks as provided in the existing rules.
MOTOR VEHICLES RULES AMENDED: The Cabinet has also approved the amendment in Haryana Motor Vehicle Rules, 1993.
        The Amendment will help to authorise the officers of the educational institutions to act as licensing authority for the issuance of learner driving licence for non-transport vehicles to the students of their respective institutions.
        As per the amendment, for the purpose of issuance of learner licence to the students, various officers of universities and institutions in the state would be the licencing authorities for non-transport vehicle subject to the conditions prescribed under section 7 and 8 of Motor Vehicle Act, 1988 and rules 4, 10 and 11 of Central Motor Vehicles Rules, 1989 within the area of their territorial jurisdiction. These includes Registrars of all universities, Directors of medical colleges, Directors/Principals of Engineers and Technology Institutions recognized by All India Council for Technical Education, Principals of Government College and  Government Aided Colleges, Principals of Government Colleges of Education, Principals, Government Aided College of Education, Principal, Government Polytechnics and Industrial Training Institutes, Principal, Government Nursing Colleges, Principal, Government Pharmacy Colleges and Directors or Principals of Government Ayurvedic, Homeopathy, Allopathic and Unani Colleges.
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