section 14
For section 18A of the principal Act, the following section shall be substituted, namely:— Amendment of
The Haryana Municipal Act, 1973Part 1 HARYANA GOVERNMENT
“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.
- (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.
- (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.
- (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.
- (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.
- (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.
- (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: —
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