Himachal Pradesh Housing and Urban Development Authority Act, 2004
No: 9 Dated: May, 06 2004
THE HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT AUTHORITY ACT, 2004
(ACT NO. 9 OF 2004)
An Act to re-enact the law to provide for the creation of a Development Authority to plan and develop land and create infrastructure to meet with the housing needs of different income groups and to provide for development schemes for mobilizing public and private resources for the promotion of housing colonies and related infrastructure and to provide for the creation of appropriate Authority and mechanism for planned development of housing colonies.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-fifth Year of the Republic of India, as follows:-
CHAPTER-I
Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Housing and Urban Development Authority Act, 2004.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come in to force on such date as the State Government may, by notification, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “adjoining area” means such area as may be specified to be an ‘adjoining area’ under section 18 of this Act;
(b) “Authority” means the Himachal Pradesh Housing and Urban Development Authority established under section 3 of this Act;
(c) “Authority’s premises” means any premises belonging to, or vesting in the Authority or taken on lease by the Authority or any premises which is entrusted to, or in the possession or control of the Authority for the purposes of this Act;
(d) “building” includes any structure or erection or part of a structure or erection, which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
(e) “bye- laws” means bye-laws made under section 52 of this Act; (f) “Chairman” means the Chairman of the Authority;
(g) “Chief Executive Officer” means an officer appointed under section 11 of this Act;
(h) “committee” means any committee appointed under section 12 of this Act;
(i) “Competent Authority” means any person or officer appointed by the State Government by notification, to exercise and perform all or any of the powers and functions under this Act;
(j) “financial year” means the year commencing on the 1st day of April and ending on the 31st day of March of the ensuing year;
(k) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(l) “Local Authority” means a Municipal Corporation, a Municipal Council, a Town Improvement Trust, a Cantonment Board, a Nagar Panchayat, a Zila Parishad, a Gram Panchayat or any other Authority entrusted with the functions of Local Authority under any law for the time being in force;
(m) “member” means the member of the Authority and includes its Chairman, Vice-Chairman and Acting Chairman;
(n) “notification” means a notification published in the Official Gazette;
(o) “premises” means any land occupied by any building or a part of a building and includes,-
(i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and
(ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(p). “prescribed” means prescribed by rules made under this Act;
(q). “Promoter” means a person or a company or a society who,-
(i) constructs or causes to construct a building consisting of apartment or convert an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assigns; or
(ii) develops land into a colony and also carves out plots, for the purpose of selling to other persons;
(r) “regulations” means the regulations made under section 51 of this Act;
(s) “rules” means the rules made under section 61 of this Act;
(t) “scheme” means any scheme framed under this Act;
(u) “Secretary” means the Secretary of the Authority;
(v) “State Government” means the Government of Himachal Pradesh; and
(w) “Vice-Chairman” means the Vice-Chairman of the Authority.