The Haryana Municipal Act, 1973

Regd. No. CHD/0093/2015-2017 EXTRAORDINARY Published by Authority © Govt. of Haryana No. 65-2017/Ext.] CHANDIGARH, MONDAY, APRIL 17, 2017 (CHAITRA 27, 1939 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART-1 ACTS

(HARYANA ACT NO. 13 OF 2017).

ACT, 2017 (HARYANA ACT NO. 14 OF 2017). PART-II ORDINANCES NIL PART-II DELEGATED LEGISLATION NIL PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (xxv)

HARYANA GOVT. GAZ. (EXTRA.), APR. 17, 2017 (CHTR. 27, 1939 SAKA) 157 PART -1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 17th April, 2017 No. Leg.13/2017.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 21st March, 2017 and is hereby published for general information:- HARYANA ACT NO. 13 OF 2017 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2017 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-cighth Year of the Republic of India as follows i— 1. This Act may be called the Haryana Municipal (Amendment) Act, 2017. Short title. 2. After section 3A of the Haryana Municipal Act, 1973 (hereinafter called the principal Insertion of Act), the following section shall be inserted, namely: — section 3B in Haryana Act 24 “3B. Delegation of functions of State Election Commission.- The functions of of 1973. the State Election Commission under the Constitution, this Act or the rules made thereunder may, subject to such general or special directions, if any, issued by the State Election Commissioner in this behalf, be performed by an officer authorized by the State Election Commissioner.”

section 13D of Haryana Act 24 of 1973,

s s 13F, 13G “13F. Disqualification for failure to lodge account of election expenses.— If the ea in State Election Commission is satisfied that a person has failed to lodge an account of Haryana Act 24 election expenses within the time and manner, as prescribed by the State Election of 1973 Commission and has no reason or justification thereof, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified for contesting an election for a period of five years from the date of the order under this Act.

LAW AND LEGISLATIVE DEPARTMENT Notification The 23rd January, 2019 No. Leg. 5/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th January, 2019 and is hereby published for general information:- HARYANA ACT NO. 5 OF 2019 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2018 AN Act further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:- 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2018. Short title. 2. In sub-section (1) of section 2A of the Haryana Municipal Act, 1973,- Amendment of section 2A () in clause (i), after the words “area with”, the word “existing” shall be inserted; Haryana Act 24 of

1. (ii) in clause (ii), after the words “area with”, the word “existing” shall be inserted; 1973,
2. (iii) in clause (iii), after the words “area with”, the word “existing” shall be inserted; and
3. (iv) the existing Explanation shall be re-numbered as Explanation 1 and after the Explanation 1 so re-numbered, the following Explanation shall be inserted, namely:- “Explanation 2.- “existing population” means the population projected for the year in which the constitution of the municipality is being considered as per the following formula, namely:- EP =P X (I+AGR/100)" ; where-
4. (i) EP - refers to existing population;
5. (i) P- refers to the population defined in clause (45) of section 2;
6. (iii) AGR - refers to the annual growth rate in percent obtained from the last decennial census;
7. (iv) n- refers to the number of years from the last decennial census year to the year in which the constitution of the municipality is being considered.’. MEENAKSHI I. MEHTA, Secretary to Government Haryana, Law and Legislative Department. 8532—LR—H.G.P., PKI Gia by CT ZN es RCO ee is V4 NA Fores V4 ASN 77 ~~ zd EXTRAORDINARY Published by Authority © Govt. of Haryana No. 120-2019/Ext.] CHANDIGARH, THURSDAY, JULY 18, 2019 (ASADHA 27, 1941 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PARTI ACTS 1. THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2019 195196 (HARYANA ACT NO. 26 OF 2019). 2. THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2019 197 (HARYANA ACT NO. 27 OF 2019). PART-II ORDINANCES NIL PART-II DELEGATED LEGISLATION NIL PART—IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (Ixvi) HARYANA GOVT. GAZ. (EXTRA.), JULY 18, 2019 (ASAR. 27, 1941 SAKA) 195

LAW AND LEGISLATIVE DEPARTMENT Notification The 18th July, 2019 No. Leg.27/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 19th June, 2019 and is hereby published for general information:- HARYANA ACT NO. 26 OF 2019 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2019 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventieth Year of the Republic of India as follows:- 1. This Act may be called the Haryana Municipal (Amendment) Act, 2019. Short title. 2. In section 13 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act), Amendment of after the words “Official Gazette”, the words “by the State Government” shall be inserted. Section 13 of Haryana Act 24 of 1973. 3. After section 18 of the principal Act, the following section shall be inserted, namely— Insertion of

“I8A. Time line for election of President and Vice-President.- (1) Unless the State tiaryana Act 24

Government otherwise directs, the Deputy Commissioner or any gazetted officer of 1973. appointed by him in this behalf shall, within thirty days of the publication of the notification of the names of the members elected to a committee, convene the first meeting of the newly constituted committee at forty-eight hours’ notice to be delivered at their ordinary place of residence to administer an oath of allegiance under section 24. The notice shall clearly state that the oath of allegiance shall be administered to the members present.

1. (2) The Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meetings referred to in sub-section (1), convene a meeting of the members at forty-eight hours’ notice to be delivered at their ordinary place of residence. The notice shall clearly state that the oath of allegiance shall be administered to the left over members and that the election of the President and Vice-President shall be held in the meeting. The convener shall firstly administer the oath of allegiance to the left over members and thereafter shall preside over the meeting of the election of the President and Vice-President.
2. (3) If the members fail to elect the President and Vice-President in the meeting convened under sub-section (2), the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meeting referred to in sub-section (2), convene meeting of the members for the election of the President and Vice-President as per the procedure mentioned above until the President and Vice-President are elected.
3. (4) If the members fail to elect the President and Vice-President in the meetings convened under sub-sections (2) or (3) till the expiry of five months from the date of notification of elected members by the State Election Commission, the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, convene a meeting of the members for the election of the President and Vice-President at forty-eight hours’ notice to be delivered at their ordinary place of residence. The notice shall clearly state that if the members fail to elect the President and Vice-President in the meeting, the committee shall be deemed to have been dissolved without any further notice or order. 196 HARYANA GOVT. GAZ. (EXTRA.), JULY 18,2019 (ASAR. 27, 1941 SAKA)
4. (5) Notwithstanding anything contrary to this Act, if the members fail to elect the President and Vice-President in the meetings convened after following the procedure provided under aforesaid provisions till the expiry of six months from the date of notification of the elected members, the committee shall be deemed to be dissolved with immediate effect without following any procedure provided under the Act or rules made thereunder: Provided that such meetings shall be deemed to be validly convened meetings of the committee.
5. (6) Notwithstanding anything contained in any bye-laws made under section 31, the administration of the oath of allegiance and the election of the President and Vice-President shall be recorded as part of the proceedings in the minutes of the meetings”. MEENAKSHI I. MEHTA, SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 57205—LR.—H.G.P.. Chd. Tg Js AT a NN Hr ASCE) A.S22 N W==/ NN V4 \ 7 S\N - 72-4 > 2 H (3 t Gazett EXTRAORDINARY Published by Authority © Govt. of Haryana No. 150-2019/Ext.] CHANDIGARH, WEDNESDAY, SEPTEMBER 4, 2019 (BHADRA 13, 1941 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART-1 ACTS I. THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2019 233-237 (HARYANA ACT NO. 33 OF 2019). 2. THE HARYANA MUNICIPAL CORPORATION (SECOND AMENDMENT) 239 ACT, 2019 (HARYANA ACT 34 OF 2019). PART-1I ORDINANCES NIL PART - Ill DELEGATED LEGISLATION NIL PART -1V CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (Ixxxiii) HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4,2019 (BHDR. 13, 1941 SAKA) 233 PART -1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 4th September, 2019 No. Leg. 34/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 30th August, 2019 and is hereby published for general information :— HARYANA ACT NO. 33 OF 2019 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2019 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2019. Short itl. 2. Tnsection 9 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act), Amendment of
   • (i) for sub-sections (1) and (2), the following sub-sections shall be substituted, frase Net 24 of namely:— 1973. “(1) The municipalities constituted under section 2A shall consist of the president, vice-president and such number of elected members, not less than eleven, as may be prescribed.
6. (2) Save as provided in sub-section (3), all the seats in the municipality including the president shall be filled in by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall, by a notification issued in this behalf, be divided into territorial constituencies to be known as wards.”
   • (i) for the first proviso to clause (iii) of sub-section (3), the following proviso shall be substituted, namely:— “Provided that the persons referred to in clause (i) above shall not have any right to vote in the meetings of the municipalities and the persons referred to in clauses (ii) and (iii) above shall not have any right to vote for the No Confidence Motion and to contest or vote for the election of vice-president.”. 3. In section 11 of the principal Act,— Amendment of
   • (i) for the existing marginal heading, the following marginal heading shall be jieit NLOF | substituted, namely:— of 1973. “Term of office of president and members.” ;
   • (ii) in sub-section (1), for the words “elected members”, the words “elected president and members” shall be substituted;
   • (iii) ~~ for sub-section (4), the following sub-section shall be substituted, namely:— “(4) When as a result of an enquiry held under Chapter XIV, an order declaring the election of the president or any member void has been made, such president or member shall forthwith cease to be the president or member of the committee.”. 4. For section 13 of the principal Act, the following section shall be substituted, namely: — Amendment of section 13 “13. Resignation of president or member of Committee.— If the president or a Haryana pe 24 member of a committee wishes to resign his office, he shall submit an application in of 1973 writing to the Deputy Commissioner. If such resignation is accepted, it shall be notified in the Official Gazette by the State Election Commission, Haryana, on a date not less than fifteen days and not more than sixty days after the receipt of the said application by the Deputy Commissioner whereupon the president or member shall be deemed to have vacated his seat: 234 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4,2019 (BHDR. 13, 1941 SAKA) Provided that if the president or a member who has submitted an application to resignd wishes to withdraw his resignation, he may apply to the Deputy Commissioner within fifteen days of the receipt by the Deputy Commissioner of his application to resign, and the application to resign shall then be deemed to have been withdrawn.”. Amendment of 5. In section 13A of the principal Act,— section 13A of ji Lo | . . Haryana Act 24 of (i) for the existing marginal heading, the following marginal heading shall be 1973. substituted, namely: — “Disqualifications for president and members.”;
   • (ii) in sub-section (1), for the words “being a member”, the words “being the president or a member” shall be substituted;
   • (iii) in the second proviso to clause (h) of sub-section (1), for the words “qualification shall be Sth pass”, the words “qualification for members excluding the president shall be 5th pass” shall be substituted;
   • (iv) in sub-section (2), for the words “whether a member”, the words “whether the president or a member” shall be substituted. Amendment of 6. In section 13B of the principal Act,~ section 13B of Bi . | | Haryana Act 24 (i) in sub-section (1), for the words “elected members”, the words “elected president of 1973, or member” shall be substituted;
   • (ii) in sub-section (2), for the words “elected member” occurring twice, the words “elected president or member” shall be substituted. Amendment of section 131 0 Haryana Act 24 “131. Removal of an elected president and member having any disqualification at of 1973, the time of election.— The State Election Commission may, after such enquiry, as it may deem fit and after giving an opportunity of being heard, by an order, remove the president or a member, if he was having any disqualification mentioned in section 13A or rules framed under this Act at the time of his election. The office of the president or member so disqualified shall become vacant immediately.”. Amendment of section 13] of Haryana Act 24 “13J. Removal of an elected president and member who fails to lodge election of 1973, expenditure statement.- If an elected president or member fails to follow the provisions of sections 13F or 13H, he shall be removed by the State Election Commission after giving him an opportunity of being heard. The office of the president or member so disqualified shall become vacant immediately.”. Amendment of 9. In section 13K of the principal Act, for the words “A member”, the words “the president section 13K of or a member” shall be substituted. Haryana Act 24 of 1973. Amendmentof 10, In section 14 of the principal Act,— section 14 of . A . . . Haryana Act 24 (i) for the existing marginal heading, the following marginal heading shall be of 1973. substituted, namely:— “Powers of State Government as to removal of president and members.”
   • (ii) in sub-section (1),
   • (a) for the words “remove any member”, the words “remove the president or any member” shall be substituted;
   • (b) in clause (b), for the words “be a member”, the words “be the president or a member” shall be substituted; (¢) in clause (e), for the words “as a member”, the words “as the president or a member” shall be substituted; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4,2019 (BHDR. 13, 1941 SAKA) 235
   • (d) for the existing proviso, the following proviso shall be substituted, namely:— “Provided that no removal of the president or a member shall be notified unless the matter has been enquired into by an officer, not below the rank of an Extra Assistant Commissioner, appointed by the State Government and the president or member concerned has been given a reasonable opportunity of being heard or there is a finding by the competent court in this regard.” 11. In section 14A of the principal Act,— Amendment of . i . . - . . section 14A of
     • (i) for the existing marginal heading, the following marginal heading shall be parvang Act 24 substituted, namely:— of 1973, “Suspension of president and members.”;
     • (ii) in sub-section (1), for the words “suspend any member”, the words “suspend the president or any member” shall be substituted;
     • (iii) in sub-section (2), for the words “Any member”, the words “The president or any member” shall be substituted;
     • (iv) in proviso to clause (ii) of sub-section (2), for the words “a member”, the words “the president or a member” shall be substituted. 12. In sub-section (1) of section 15 of the principal Act, for the words “any member”, the Amendment of words “the president or any member” shall be substituted. section 15 of

⁷ For section 131 of the principal Act, the following section shall be substituted, namely: —

⁸ For section 13] of the principal Act, the following section shall be substituted, namely:—

For section 18 of the principal Act, the following section shall be substituted, namely: Amendment of “18. Election of vice-president. (1) Every Municipal Committee or Municipal Hens au 24 Council shall, from time to time, elect one of its elected members to be the vice-president: of 1973. Provided that if the office of the vice-president is vacated during his tenure on account of death, resignation or no confidence motion, a fresh election for the remainder of the period shall be held.

1. (2) The term of office of the vice-president shall be for a period of five years or for the residue period of his office as a member, whichever is less.”

Commission may, for reasons to be recorded in writing, remove or reduce the period of disqualification under section 13F.

Every contesting candidate or his election agent shall, lodge account of election expenditure within thirty days from the date of declaration of election result with the Deputy Commissioner or an officer authorized by the State Election Commission.”. KULDIP JAIN, Secretary to Government Haryana, Law and Legislative Department. 55215—LR.—H.G.P., Chd.

HARYANA GOVT. GAZ. (EXTRA.), NOV. 23, 2017 (AGHN. 1, 1939 SAKA) 459 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 23rd November, 2017 No. Leg. 35/2017.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 8th November, 2017 and is hereby published for general information: — HARYANA ACT NO. 32 OF 2017 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2017 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-eighth Year of the Republic of India as follows:— 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2017. Short tile 2. For clause (viii) of sub-section (1) of section 70 of the Haryana Municipal Act, 1973, Amendment of the following clause shall be substituted, namely:- section 70 of Haryana Act 24 “(viii) a tax on the consumption of electricity at the rate of two percent of the electricity of 1973, bill consumed by any person within the limits of the municipality;”. 3. In sub-section (1) of section 203 of the principal Act,- Amendment of section 203 of

1. (i) in clause (i), for the sign “.” existing at the end, the sign *:” shall be substituted; and Haryana Act 24
2. (ii) after clause (i), the following proviso shall be inserted, namely:- of 1973. “Provided that where an individual or a company applies for preparation/ approval of town planning scheme over its own land, then the un-built area shall not be declared. The committee shall pass a resolution for approval of town planning scheme within sixty days from the date such proposal is put up for its consideration for the first time, otherwise the Deputy Commissioner shall forward the proposal of the town planning scheme directly to the State Government.”. BHUPINDER NATH, Additional Legal Remembrancer & Special Secretary to Government Haryana, Law and Legislative Department. 55804—LR.—H.GP., Chd. HARYANA GOVT. GAZ. (EXTRA., APR. 19, 2018 (CHTR 29, 1940 SAKA) 87 PART -1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 19th April, 2018 No. Leg. 20/2018.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 3rd April, 2018 and is hereby published for general information:- HARYANA ACT NO. 17 OF 2018 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2018 AN Act further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:- 1. This Act may be called the Haryana Municipal (Amendment) Act, 2018. Short title. 2. After section 7 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act), Insertion of the following section shall be inserted, namely:- section 7A in Haryana Act 24 “7A. Time limit for delimitation and reservation of wards.- The work relating to °f1973 the delimitation and reservation of wards of the municipal committee shall be completed six months before the completion of the tenure of municipal committee, failing which the State Election Commission shall go ahead with the process of preparation of electoral rolls and conduct of elections on the basis of existing delimitation and reservation of wards. ”. 3. In sub-section (1) of section 13A of the principal Act,- Amendment of section 13A of
3. (i) in clause (i), for the sign “.” existing at the end, the sign and word *; or” shall be Haryana Act 24 substituted; and of 1973
4. (ii) after clause (i), the following clause shall be added at the end, namely:- “() if he makes expenditure beyond the prescribed limit on his election or fails to submit his election expenditure statement.”. 4. In section 13H of the principal Act, the following words, figure and signs shall be added Amendment of . section 13H of at the end, namely:- Haryana Act 24 of “The Deputy Commissioner or such officer shall, send a list of those candidates 1973 who contested but fail to lodge the account of election expenditure or made expenditure beyond the limit prescribed by the State Election Commission immediately after the completion of a period of thirty days from the declaration of election result. The State Election Commission shall accordingly pass an order of their disqualification under section 13F.”. 5. After section 13H of the principal Act, the following sections shall be inserted, namely:- eon - sections 131, 13 “131. Removal of an elected member having any disqualification at time of and 13Kin election.- The State Election Commission may, after such enquiry, as it may deem fit and Haryana Act 24 after giving an opportunity of being heard, by order, remove a member, if he was having oH. any disqualification mentioned in section 13A or rules framed under this Act at the time of his election. The office of the member so disqualified shall become vacant immediately. 88 HARYANA GOVT. GAZ. (EXTRA., APR. 19, 2018 (CHTR 29, 1940 SAKA) 13]. Removal of an elected member who fails to lodge election expenditure statement.— If an elected member fails to follow the provisions of sections 13F or 13H, he shall be removed by the State Election Commission after giving him an opportunity of being heard. The office of the member so disqualified shall become vacant immediately.

A member so disqualified under section 131 or 13] may file an application for review of order before the State Election Commission within a period of forty-five days from the receipt of the order. The order passed by the State Election Commission under this section shall be final and no civil court shall have jurisdiction to entertain a petition against such order.”.

Amendment of 6. In clause () of sub-section (1) of section 14 of the principal Act, the signs and words *, or section 14 of if it appears that he was, at the time of his election or nomination subject to any such Haryana Act 24 . ra . of 1973, disqualification” shall be omitted. KULDIP JAIN, Secretary to Government Haryana, Law and Legislative Department. 56208—L.R.—H.G.P., Chd.

Gi ) 2% Tid == 17 aN fesy) .-s22 0 === NA sige V4 pW 24

• • Zod Hargana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 16-2019/Ext.] CHANDIGARH, WEDNESDAY, JANUARY 23,2019 (MAGHA 3, 1940 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART-T ACTS 1. THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2018 19 (HARYANA ACT NO. 5 OF 2019). 2. THE HARYANA MUNICIPAL CORPORATION (THIRD AMENDMENT) 21 ACT, 2018 (HARYANA ACT NO. 6 OF 2019). PART-II ORDINANCES NIL PART-III DELEGATED LEGISLATION NIL PART—IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (ix) HARYANA GOVT. GAZ. (EXTRA.), JAN. 23, 2019 (MAGH. 3, 1940 SAKA) 19

“18A. Time line for oath of allegiance and election of vice-president.— (1) Unless Hon Aeta4 the State Government otherwise directs, the Deputy Commissioner or any gazetted officer of 1973. appointed by him in this behalf shall, within thirty days of the publication of the notification of the names of the president and the members elected to a committee, convene the first meeting of the newly constituted committee at forty-eight hours notice to be delivered at their ordinary place of residence to administer an oath of allegiance under section 24. The notice shall clearly state that the oath of allegiance shall be administered to the president and members present.

1. (2) The Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meetings referred to in sub-section (1), convene a meeting of the president and members at forty-eight hours notice to be delivered at their ordinary place of residence. The notice shall clearly state that the oath of allegiance shall be administered to the left over members and that the election of the vice-president shall be held in the meeting. The convener shall firstly administer the oath of allegiance to the left over members and thereafter shall preside over the meeting of the election of the vice-president.
2. (3) If the president and members fail to elect the vice-president in the meeting convened under sub-section (2), the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meeting referred to in sub-section (2), convene meeting of the president and members for the election of the vice-president as per the procedure mentioned above until the vice-president are elected.
3. (4) If the president and members fail to elect the vice-president in the meetings convened under sub-sections (2) or (3) till the expiry of five months from the date of notification of the elected president and members by the State Election Commission, the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, 236 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4,2019 (BHDR. 13, 1941 SAKA) convene a meeting of the president and members for the election of the vice-president at forty-eight hours notice to be delivered at their ordinary place of residence. The notice shall clearly state that if the members fail to elect the vice-president in the meeting, the committee shall be deemed to have been dissolved without any further notice or order.
4. (5) Notwithstanding anything contrary to this Act, if the president and members fail to elect the vice-president in the meetings convened after following the procedure provided under aforesaid provisions till the expiry of six months from the date of notification of the elected president and members, the committee shall be deemed to be dissolved with immediate effect without following any procedure provided under the Act or rules made thereunder: Provided that such meeting shall be deemed to be validly convened meetings of the committee.
5. (6) Notwithstanding anything contained in any bye—laws made under section 31, the administration of the oath of allegiance and the election of the vice-president shall be recorded as part of the proceedings in the minutes of the meetings.” Amendment of 15. In section 20 of the principal Act, — section 20 of Bi Bi . | i Haryana Act 24 of (i) in the marginal heading, the words “president or” shall be omitted; 1973 (ii) in sub-section (1), the words “president or” shall be omitted. Amendment of 16. In section 21 of the principal Act, — section 21 of Bi Bi . | i Haryana Act 24 of (i) in the marginal heading, the words “president or” shall be omitted; 1973, (ii) in sub-section (1), the words “president or” shall be omitted;
   • (iii) ~~ for sub-section (3), the following sub-section shall be substituted, namely: — “(3) If the motion is carried with the support of not less than two-thirds of the elected members of the committee, the vice-president shall be deemed to have vacated his office.”;
   • (iv) for sub-section (4), the following sub-section shall be substituted, namely: — “(4) If a no confidence motion is passed against the vice-president, the Sub-Divisional Officer (Civil) of the area in which the municipality is situated or any other officer not below the rank of Extra Assistant Commissioner authorized by the Deputy Commissioner shall henceforth exercise the powers and discharge the functions of the vice-president till the vice-president is elected.” Amendment of section 22 0 Haryana Act 24 “22. Removal of vice-president.— The State Government may, at anytime, by of 1973. notification, remove vice-president from his office on the ground of abuse of his power or of habitual failure to perform his duties: Provided that no removal of the vice-president shall be notified unless the matter has been enquired into by an officer, not below the rank of an Extra Assistant Commissioner appointed by the State Government and the vice-president has been given a reasonable opportunity of being heard or there is a finding by the competent court in this regard.”. Amendment o section 22A of Haryana Act 24 “22A. Suspension of vice-president.— (1) The Director may suspend the of 1973. vice-president of a committee/council where,
   • (a) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Director the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character;
   • (b) a case against him in respect of the grounds of removal mentioned under section 22 is under enquiry, after giving him a reasonable opportunity of being heard. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4,2019 (BHDR. 13, 1941 SAKA) 237 2) The vice-president suspended under sub-section (1) shall not take part in any act or proceeding of the committee during the period of his suspension and shall hand over the records, money or any other property of the committee/council in his possession or under his control to the president or in case the president is also suspended, to such person as the Director may appoint in this behalf: Provided that the suspension period of the vice-president shall not exceed six months from the date of issuance of suspension order except in criminal cases involving moral turpitude.
6. (3) Any person aggrieved by an order passed under sub-section (1) may, within a period of thirty days from the communication of the order, prefer an appeal to the State

¹⁷ For section 22 of the principal Act, the following section shall be substituted, namely: —

¹⁸ For section 22A of the principal Act, the following section shall be substituted, namely: —

For section 24 of the principal Act, the following section shall be substituted, namely: — Amendment of section 24 of “24. Notification of elections and nominations.— (1) Every election or nomination Haryana Act 24 of a member and election of the president of a Municipal Committee or Municipal Council of 1973. shall be notified in the Official Gazette and neither the president nor member shall enter upon his duties until his election or nomination has been so notified and until, notwithstanding anything contained in the Oaths Act, 1969, elected president or members has been or made at a meeting of the Municipal Committee or Municipal Council an oath or affirmation of his allegiance to India and the Constitution of India in the following form, namely: — “T having been elected as the president or a member of a Municipal Committee or Municipal Council of do solemnly swear in the name of God that I shall bear true faith and allegiance to the Constitution of India as by law established and that I shall faithfully discharge the duties upon which I am about to enter.” 2) Every election of the president or a member shall be notified in the Official Gazette by the State Election Commission not earlier than one week before the expiry of the duration of the existing municipality: Provided that notification regarding bye-election result shall be published in the Official Gazette by the State Election Commission forthwith. 3) If any such person omits or refuses to take or make the oath or affirmation as required by sub-section (1) within three months of the date of notification of his election, his election shall be deemed to be invalid for any reason which it may consider sufficient unless the State Government extends the period within which such oath or affirmation may be taken or made. “) If an election is deemed to be invalid under the provisions of sub-section (3), a fresh election shall be held.”.

1. (1) of section 25 of the principal Act, Amendment of section 25 of (i) for the sign “.” existing at the end, the sign “:” shall be substituted; and Haryana Act 24 (ii) the following proviso shall be inserted, namely:— of 1973 “Provided that in addition to the aforesaid meeting, every committee shall hold atleast one meeting in every six months of a duration of not less than three days.”

section 25 of

1. (i) for the sign “.” existing at the end, the sign “:” shall be substituted; and Haryana Act 24
2. (ii) the following proviso shall be inserted, namely:— of 1973 “Provided that in addition to the aforesaid meeting, every committee shall hold atleast one meeting in every six months of a duration of not less than three days.”

1. (6) of section 257 of the principal Act, the following sub-section shall Amendment of be added, namely:— frase po 4 “(7) The State Government shall make rules pertaining to the matters of of 1973. elections, in consultation with State Election Commission, under this Act.”. MEENAKSHI I. MEHTA, Secretary to Government, Haryana, Law and Legislative Department. 57339—LR.—H.G.P., Chd. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2020 (BHDR. 28, 1942 SAKA) 153 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 19th September, 2020 No. Leg.28/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th September, 2020 and is hereby published for general information:- HARYANA ACT NO. 18 OF 2020 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2020 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Amendment) Act, 2020. Short title. 2. In sub-section (1) of section 2A of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act), section 2A of Haryana Act 24 (i) in clause (ii), for the sign and word *; and”, existing at the end, the sign “:” shall be of 1973. substituted; and (ii) the following proviso shall be inserted, namely:- “Provided that the municipality existing/established at the headquarter of a district shall be a Municipal Council irrespective of its population”. 3. After section 98 of the principal Act, the following section shall be inserted, namely:- Insertion or sect “98A. Recovery of dues by way of distraint/attachment and sale of properties.- Haryana act 24 Notwithstanding any other provision for recovery of any amount on account of arrears of of 1973 tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee, such amount due on account of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee may be recovered by way of the following process: (i) by distraint and sale of defaulter’s moveable property; (ii) by the attachment and sale of defaulter’s immovable property. Explanation. The fact that any other process provided under this Act for recovery of any amount on account of arrears of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee has been initiated shall not be a bar on initiating the recovery process provided under this section and the process provided under this section may proceed simultaneously.” 4. After sub-section (2) of section 279 of the principal Act, the following sub-section shall be Amendment of added and shall be deemed to have been added with effect from the 4" September, 2019, namely: jeeton *0 50 “(3) Notwithstanding anything contained in the Haryana Municipal (Second of 1973 Amendment) Act, 2019, appointment, removal or suspension of person elected as President of municipality before coming into force of the Haryana Municipal (Second Amendment) Act, 2019 or filling up of any post/office vacated by such person shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force. 154 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19,2020 (BHDR. 28, 1942 SAKA) All the acts done/proceedings instituted or which might have been instituted or shall be instituted against any of the person elected as President of municipality prior to coming into force of the Haryana Municipal (Second Amendment) Act, 2019 shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force.”. Repealand saving. 5, (1) The Haryana Municipal (Amendment) Ordinance, 2020 (Haryana Ordinance No.6 0f 2020), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 8908—L.R.—H.G.P., PKI HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA) 227 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 11th December, 2020 No. Leg. 43/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for general information: HARYANA ACT NO. 33 OF 2020 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2020 AN Act further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy—first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2020. Short title: 2. In sub-section (1) of section 15 of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act).— section 15 of Haryana Act 24 (i) in the existing proviso, for the sign “. existing at the end, the sign“: shall be of 1973. substituted; (ii) after the existing proviso, the following proviso shall be added, namely: — “Provided further that the provisions of this section shall not apply in the case of vacancy occurred in the office of the President by no-confidence motion.™. 3. After the heading “President and Vice-President” occurring below Section 17 of the Insertion of principal Act, the following sections shall be inserted, namely: sections 17A and 17B in Haryana “17A. Motion of no-confidence against President elected directly.— (1) A motion of Act 24 of 1973. no—confidence against the President who has been elected directly in terms of sub-section (2) of section 9 shall be in writing and signed by not less than one-half of the total number of elected members along with a copy of the motion, which shall be delivered by any two of the members signing the notice to the concerned Deputy Commissioner: Provided that for the purposes of calculating the number of the elected members, the President shall be considered as an elected member. (2) The Deputy Commissioner or such other officer not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall then convene a meeting of the elected members for the consideration of the motion to be held on the date and time appointed by him, by giving a clear notice in writing of not less than fourteen days: Provided that members nominated under sub-section (3) of section 9 shall not be entitled to be present or vote in the meeting. (3) As soon as the meeting convened under sub-section (2) has commenced, the Deputy Commissioner or such other officer, not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall read to the elected members, the motion for the consideration and declare it to be open for discussion and he shall not speak on the merits of the motion or vote thereon. (4) The motion shall be carried only when it has been passed by a majority of three-fourth of the total number of elected members and if such a motion is passed, the President shall be deemed to have vacated his office. 228 ~~ HARVANA GOVT. GAZ (EXTRA), DEC. 1, 2020 (AGHN. 20,1942 SAKA) ~~ (5) A copy of the minutes of the meeting along with a copy of the motion and the result of the voting thereon shall be forwarded forthwith by the Deputy Commissioner to the State Government. The State Government on receipt of the same, if no-confidence motion is passed, shall forward it to the State Election Commission for de-notification and to conduct fresh elections for the post of the President. (6) In case motion is not passed, as referred to in sub-section (4) or if the meeting could not be held for want of quorum, no notice of any subsequent motion of no-confidence against the same President shall be entertained, unless a period of six months from the date of such voting or the date of such meeting, as the case may be, has expired. (7) If no-confidence motion is passed against the President, the Vice-President shall exercise the powers and discharge the functions of the President till the President enters his office. 17B. Discharge of functions of President and Vice-President in case of vacancy.— (1) When the office of the President is vacant by reason of illness, death, resignation or otherwise, the Vice-President shall act as the President until the President enters his office. 2) If due to any exigency, the President or Vice-President is unable to exercise the powers and discharge the functions of the President, the Sub-Divisional Officer (Civil) of the area in which the municipality is situated or any other officer, not below the rank of an Extra Assistant Commissioner, authorised by the Deputy Commissioner shall exercise the powers and discharge the functions of the President till the President or Vice-President enters the office.”. Amendment of 4. Sub-section (4) of section 21 of the principal Act shall be omitted. section 21 of Haryana Act 24 of 1973, BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department. 8997—L.R—H.G.P. Pkl.

be added, namely:— frase po 4 “(7) The State Government shall make rules pertaining to the matters of of 1973. elections, in consultation with State Election Commission, under this Act.”. MEENAKSHI I. MEHTA, Secretary to Government, Haryana, Law and Legislative Department. 57339—LR.—H.G.P., Chd.

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2020 (BHDR. 28, 1942 SAKA) 153 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 19th September, 2020 No. Leg.28/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th September, 2020 and is hereby published for general information:- HARYANA ACT NO. 18 OF 2020 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2020 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Amendment) Act, 2020. Short title. 2. In sub-section (1) of section 2A of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act), section 2A of Haryana Act 24

1. (i) in clause (ii), for the sign and word *; and”, existing at the end, the sign “:” shall be of 1973. substituted; and
2. (ii) the following proviso shall be inserted, namely:- “Provided that the municipality existing/established at the headquarter of a district shall be a Municipal Council irrespective of its population”. 3. After section 98 of the principal Act, the following section shall be inserted, namely:- Insertion or sect “98A. Recovery of dues by way of distraint/attachment and sale of properties.- Haryana act 24 Notwithstanding any other provision for recovery of any amount on account of arrears of of 1973 tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee, such amount due on account of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee may be recovered by way of the following process:
3. (i) by distraint and sale of defaulter’s moveable property;
4. (ii) by the attachment and sale of defaulter’s immovable property. Explanation. The fact that any other process provided under this Act for recovery of any amount on account of arrears of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee has been initiated shall not be a bar on initiating the recovery process provided under this section and the process provided under this section may proceed simultaneously.” 4. After sub-section (2) of section 279 of the principal Act, the following sub-section shall be Amendment of added and shall be deemed to have been added with effect from the 4" September, 2019, namely: jeeton *0 50 “(3) Notwithstanding anything contained in the Haryana Municipal (Second of 1973 Amendment) Act, 2019, appointment, removal or suspension of person elected as President of municipality before coming into force of the Haryana Municipal (Second Amendment) Act, 2019 or filling up of any post/office vacated by such person shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force. 154 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19,2020 (BHDR. 28, 1942 SAKA) All the acts done/proceedings instituted or which might have been instituted or shall be instituted against any of the person elected as President of municipality prior to coming into force of the Haryana Municipal (Second Amendment) Act, 2019 shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force.”. Repealand saving. 5, (1) The Haryana Municipal (Amendment) Ordinance, 2020 (Haryana Ordinance No.6 0f 2020), is hereby repealed.

1. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 8908—L.R.—H.G.P., PKI HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA) 227 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 11th December, 2020 No. Leg. 43/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for general information: HARYANA ACT NO. 33 OF 2020 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2020 AN Act further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy—first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2020. Short title: 2. In sub-section (1) of section 15 of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act).— section 15 of Haryana Act 24
   • (i) in the existing proviso, for the sign “. existing at the end, the sign“: shall be of 1973. substituted;
   • (ii) after the existing proviso, the following proviso shall be added, namely: — “Provided further that the provisions of this section shall not apply in the case of vacancy occurred in the office of the President by no-confidence motion.™. 3. After the heading “President and Vice-President” occurring below Section 17 of the Insertion of principal Act, the following sections shall be inserted, namely: sections 17A and 17B in Haryana “17A. Motion of no-confidence against President elected directly.— (1) A motion of Act 24 of 1973. no—confidence against the President who has been elected directly in terms of sub-section
2. (2) of section 9 shall be in writing and signed by not less than one-half of the total number of elected members along with a copy of the motion, which shall be delivered by any two of the members signing the notice to the concerned Deputy Commissioner: Provided that for the purposes of calculating the number of the elected members, the President shall be considered as an elected member.
3. (2) The Deputy Commissioner or such other officer not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall then convene a meeting of the elected members for the consideration of the motion to be held on the date and time appointed by him, by giving a clear notice in writing of not less than fourteen days: Provided that members nominated under sub-section (3) of section 9 shall not be entitled to be present or vote in the meeting.
4. (3) As soon as the meeting convened under sub-section (2) has commenced, the Deputy Commissioner or such other officer, not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall read to the elected members, the motion for the consideration and declare it to be open for discussion and he shall not speak on the merits of the motion or vote thereon.
5. (4) The motion shall be carried only when it has been passed by a majority of three-fourth of the total number of elected members and if such a motion is passed, the President shall be deemed to have vacated his office. 228 ~~ HARVANA GOVT. GAZ (EXTRA), DEC. 1, 2020 (AGHN. 20,1942 SAKA) ~~
6. (5) A copy of the minutes of the meeting along with a copy of the motion and the result of the voting thereon shall be forwarded forthwith by the Deputy Commissioner to the State Government. The State Government on receipt of the same, if no-confidence motion is passed, shall forward it to the State Election Commission for de-notification and to conduct fresh elections for the post of the President.
7. (6) In case motion is not passed, as referred to in sub-section (4) or if the meeting could not be held for want of quorum, no notice of any subsequent motion of no-confidence against the same President shall be entertained, unless a period of six months from the date of such voting or the date of such meeting, as the case may be, has expired.
8. (7) If no-confidence motion is passed against the President, the Vice-President shall exercise the powers and discharge the functions of the President till the President enters his office. 17B. Discharge of functions of President and Vice-President in case of vacancy.—
9. (1) When the office of the President is vacant by reason of illness, death, resignation or otherwise, the Vice-President shall act as the President until the President enters his office. 2) If due to any exigency, the President or Vice-President is unable to exercise the powers and discharge the functions of the President, the Sub-Divisional Officer (Civil) of the area in which the municipality is situated or any other officer, not below the rank of an Extra Assistant Commissioner, authorised by the Deputy Commissioner shall exercise the powers and discharge the functions of the President till the President or Vice-President enters the office.”. Amendment of 4. Sub-section (4) of section 21 of the principal Act shall be omitted. section 21 of Haryana Act 24 of 1973, BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department. 8997—L.R—H.G.P. Pkl.