Section 46

Section 46 of the Faridabad Metropolitan Development Authority Act, 2018 (9 of 2019). The State Government shall within a period of three months from the commencement of this Act on the recommendations of the Chief Administrator of the Haryana Urban Development Authority and the Chief Executive Officer, by notification, publish a transfer scheme providing for the transfer of property

(1) The State Government shall within a period of three months from the commencement of this Act on the recommendations of the Chief Administrator of the Haryana Urban Development Authority and the Chief Executive Officer, by notification, publish a transfer scheme providing for the transfer of property, interest in property, rights and liabilities to the Authority in the manner hereinafter provided.

(2) Where there is a difference of opinion between the Chief Administrator of the Haryana Urban Development Authority and the Chief Executive Officer, the State Government shall take such decision as it deems fit and such decision shall be final and binding upon the Haryana Urban Development Authority and the Authority.

(3) Any property, interest in property, rights and liabilities vested in the Haryana Urban Development Authority, in so far as it pertains to any of the powers exercisable or functions dischargeable by the Authority under this Act, shall be re-vested by the State Government in the Authority, in accordance with the transfer scheme so published, on such terms and conditions, as may be approved by the State Government.

(4) Notwithstanding anything contained in this section, where,- (a) the transfer scheme involves the transfer of any property or rights from any person or undertaking not wholly owned by the Haryana Urban Development Authority, the scheme shall give effect to the transfer only for fair value to be paid by the Authority to the Haryana Urban Development Authority;

(b) a transaction of any description is effected in pursuance of a transfer scheme, it shall be binding on all persons including third parties and even if such persons or third parties have not consented to it.

(5) A transfer scheme under this section may- (a) define the property, interest in property, rights and liabilities to be transferred - (i) by specifying or describing the property, interest in property, rights and liabilities in question; or (ii) by referring to all the property, interest in property, rights and liabilities comprised in a described part of the transferor's undertaking; or (iii) partly in one way and partly in the other;

(b) provide that any rights or liabilities stipulated or described in the scheme shall be enforceable by or against the transferor or the transferee;

(c) impose on the transferor an obligation to enter into such written agreements with or execute such other instruments in favour of any other subsequent transferee, as may be stipulated in the scheme;

(d) provide for the transfer of physical and digital records;

(e) mention the functions and duties of the transferee;

(f) make such supplemental, incidental and consequential provisions as the transferor considers appropriate including provision stipulating the order as taking effect; and (g) provide that the transfer shall be provisional for a stipulated period.

(6) All debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Haryana Urban Development Authority, before a transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme, be deemed to have been incurred, entered into or done by the Authority, with the Authority and all suits or other legal proceedings instituted by or against the Haryana Urban Development Authority, may be continued or instituted by or against Authority. The Haryana Urban Development Authority shall cease to be charged with and (7) shall not perform the functions and duties with regard to transfers made on and after the effective date.

Section 46, The Faridabad Metropolitan Development Authority Act, 2018 (9 of 2019) (Act 9 of 2019).