Haryana Act 24 of 1973.

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.”