The Haryana Municipal Corporation Act, 1994

[1994 : Hr. Act 16MUNICIPAL CORPORATION THE HARYANA MUNICIPAL CORPORATION ACT, 1994 (HARYANA ACT NO. 16 OF 1994)

dated the l l " September, 1994, Page 2195.

dated the 1" March, 1995, Page 317.

dated the 24th February, 1996, Page 444.

dated the 15 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 4th March, 1997, Page 509.

dated the 9 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),

dated the 13 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the S'" March, 2000, Page 475.

dated the 4th September, 2000, Page 1656.

dated the S'" June, 2001, Page 922.

II. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),

dated the 29 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 28'h October, 2002, Page 2071.

dated the 3,d March, 2003, Page 657.

dated the 5'h September, 2003, Page 1922.

dated the 18'h June, 2004, Page 1132.

dated the 21" September, 2004, Page 2777.

dated the 9"' June, 2005, Page 2645.

dated the 20 tl

,March, 2006, Page 527.

dated the 13'h March, 2007, Page 992.

dated the 31" August, 2008, Page 3956.

dated the 19 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),

dated the 30 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the pt September, 2010, Page 6697.

dated the 4th March, 2011, Page 797.

dated the 25 th

[1994 : Hr. Act 16MUNICIPAL CORPORATION

dated the 8 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),

dated the 28 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),

dated the 2 nd

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 14th March, 2016, Page 4031.

dated the 6 tlt

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the l S'" October, 2017, Page 4206.

dated the 12th March, 2018, Page 969.

dated the 9 th

For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 27th December, 2018, Page 4127.

dated the 26 th

Constitutionof Corporation 4. (1) The Corporation shall be a body corporate having perpetualIncorporation and

succession and a common seal with power, subject to the provisions of this Act, toconstitution of

Corporation.

2[(i) not more than three persons having special knowledge or experience in municipal administration;]

1. (ii) members of the House of the People and the members of the Legislative Assembly representing constituencies which

² Omitted by Haryana Act 19 of 1996 and further added by Haryana Act 9 of 2005.

⁴ Substituted by Haryana Act 9 of 2005.

Duration of

Corporation.

above shall neither have right to contest for the election of"] xxxx], Senior Deputy

1. (4) As soon as may be after the commencement of this Act, a

1. (5) Notwithstanding anything contained in sub-section (4), after the

sub-section.

its first meeting:

1. (a) before the expiry of its duration specified in sub-section(1);
2. (b) before the expiration of a period of six months from the date of its dissolution:

period.

1. (3) A Corporation constituted upon its dissolution before the

it not been so dissolved.

³ Omitted by Haryana Act28of2018.

⁴ Substituted by Haryana Act34of2008.

⁵ Substituted by Haryana Act22of2009w.e.f.10.10.2008,further substituted by Haryana

section 400 shall be applicable.]

seats.

1. (3) Wards shall, as far as practicable, be geographically compact areas,

(5)Wards reserved for the members of Scheduled Castes and

largest.

² Substituted by Haryana Act 24 of 2003.

³ Substituted by Haryana Act 27 of 2004.

⁴ Inserted by Haryana Act 4 of1995.

⁵ Inserted by Haryana Act18of2018.

1.Added by Haryana Act9of 2000.

1. (b) his name is registered as an elector in the electoral roll of a ward in the Municipal area.] 2[Disqualifications of Mayor and members.]

1. (a) ifhe is so disqualified by or under any law for the time being

in force for the purposes of elections to be Legislature of the

state.

1. (b) if he is so disqualified by or under any law made by the

Legislature of the State.

1. (2) A person shall also be disqualified for being chosen as, and 4[for being a Mayor or member]-
   • (a) if he is of unsound mind and stands so declared by a competent court;
   • (b) if he is an undischarged insolvent;
   • (c) ifhe is not a citizen ofIndia, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment

of allegiance or adherence to a foreign State;

1. (d) if he has, in proceedings for questioning the validity or

regularity of an election, been found to have been guilty of-

1. (i) any corrupt practice under section 22 of this Act;
2. (ii) any offence punishable under section 171-E or 171-F of the Indian Penal Code, 1860, or any offence punishable

under section 30 or clause (a) of sub-section (2) of

section 310f this Act;

unless a period of five years has elapsed since the date

of the finding;

1. (e) ifhe has been sentenced or convicted by a criminal court to

² Substituted by Haryana Act ibid.

³ Substituted by Haryana Act ibid.

⁴ Substituted by Haryana Act 28 of 2018.

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (g) if he is a licensed architect, draftsman, engineer, plumber,

1. (h) ifhe holds any office of profit under the Government;
   • (i) if he is interested in any subsisting contract made with, or

concerned;

(1)ifhe fails to pay any arrears of any kind due to him, otherwise,

has been served upon him;

1. (n) if he is convicted or has been convicted of an offense

Primary Agriculture Co-operative Society, District Central Co-operative Bank and District Primary Co-operative Agriculture Rural Development Bank; or

1. (q) ifhe fails to pay arrears of electricity bills; or

²⁰⁰⁷ Existing clause (m) and previous thereunder omitted

² Inserted by Haryana Act 13 of 2016.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (r) if he has not passed matriculation examination or its equivalent examination from any recognized institution! board:

shall be 5th pass.]

1. (s) ifhe fails to submit a self declaration to the effect that he has

1. (3) Notwithstanding anything contained in sub-sections (1) and (2) above-
   • (a) a disqualification under clause(e) of sub-section (2) shall not take effect until three months have elapsed since the

1. (b) a person shall not be deemed to have incurred any

disqualification under clause (t), or clause (g) of sub-section

1. (2) by reason only of his receiving- (i)any pension; or
   • (ii) any allowance of facility for serving as a Mayor or

the Corporation;

1. (c) a person shall not be deemed to have any interest in a contract

or work such as is referred to in clause(i) of sub-section (2) by

reason only of his having a share or interest in- (i)any lease, sale, exchange or purchase of immovable

property or any agreement for the same; or

1. (ii) any agreement for the loan of money or any security for

I.Substituted by Haryana Act 28 of 2018.

2. Added by Haryana Act 18 of 2018.

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (iv) the sale to the Corporation or to any other municipal

a value in either case not exceeding five thousand rupees

1. (v) the letting out on hire to the Corporation or the hiring

1. (vi) any agreement or contract with the Corporation or any

1[(4)Ifa person sits or votes as a Mayor or member of the Corporation

Act.]

1. (5) If any question arises2[as to whether a Mayor or member] of the

1. (2) In case a Mayor or member of the Corporation is elected to themembership.

..dhori db h·b h· I·"'h dfaccount of election

dates inclusive.

1. (2) The account shall contain such particulars, as may be notified by

the State Election Commission in this behalf.

1. (3) The total of the said expenditure shall not exceed such amount as

double

⁴ Inserted by Haryana Act13of2007.

Making false

declaration.

of Central Act43 of 1951 to Haryana Act 16 of 1994. Disqualification for failure to lodge account of election expenses.

disqualification.

Deputy Commissioner.

Election to the

Corporation.

1. (a) the preparation, revision or correction of an electoral roll; or
2. (b) the inclusion or exclusion of any entry in or from an electoral roll,

of the order under this Act.

4[(lA) The functions of the State Election Commission under the

⁴ Inserted by Haryana Act 14 of 2017.

before the expiry of duration.

1. (4) In case of reconstitution of the Corporation on account of

Corporation.

1. (5) In case of filling up of casual vacancy, as specified in section 13,

1. (6) Such election shall be conducted in the manner as may be prescribed. ]

b 'b dWards Committee may e prescn e .etc.

1. (2) A member of the Corporation representing a Ward within the

territorial area of the Wards Committee shall be a member of that Wards Committee.

1. (3) Where a Wards Committee consists of -
   • (a) one ward, the member representing that ward in the Corporation; or
   • (b) two or more wards, one of the members representing such

wards in the Corporation elected by the members of the Wards

Committee,

shall be the Chairperson of that Wards Committee.

1. (4) The Wards Committee constituted under this section shall be

seats.

Right to votes. Filling of casual vacancies.

1. (3) Not less than one-third (including the number of seats reserved

except those falling under sub-sections(1), (2)and (4).

1. (4) Two seats in the Corporation shall be reserved for the persons

3[XXX]

1. (6) The reservation of seats under sub-sections(1) and (2) and the

334 of the Constitution.

1. (8) The reservations as enumerated in this section shall be given

effect to, through notification issued at the time of each election.

12.Every person whose name is, for the time being entered in the electoral

Provided that no election shall be held to fill a casual vacancy occurring

office.

1. (3) If the vacancy be a vacancy reserved for any category, the vacancy will be filled from the same category. Substituted by Haryana Act 4 of 1995 w.e.f. 31-5-1994.

existing Corporation: Provided that notification regarding bye-election results shall be

1. (3) A petitioner shall join as respondents to his petition all the

candidates at the election.

1. (4) An election petition-
   • (a) shall, contain a concise statement of the material facts on

which the petitioner relies.

1. (b) shall, with sufficient particulars, setforth the ground or

grounds on which the election is called in question; and

1. (c) shall be signed by the petitioner and verified in the manner

laid down in the Code of Civil Procedure, 1908, for the

verification0f pleadings.

Publication of

results of elections. Election petitions.

A petitioner may claim-

1. (a) a declaration that the election of all or any of the returned

candidates is void; and

1. (b) in addition thereto, a further declaration that he himself or

to be void.

1. (a) that on the date of his election a returned candidate was not

qualified or was disqualified,2[ to be chosen as a Mayor or

member]; or

1. (b) that any corrupt practice has been committed by a returned

16.(1) Relief that may be claimed by the petitioner. Substituted by Haryana Act 27 of 2004.

2 Substituted by Haryana Act 28 of 2018.

prescribed Authority.

Decision of

prescribed authority.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (c) that any nomination paper has been improperly rejected; or
2. (d) that the result of the election in so far as it concerns a returned

1. (ii) by any corrupt practice committed in the interests of

1. (iv) by the non-compliance with the provisions of this Act, or any rules or orders made thereunder,

such authority shall declare the election of the returned candidate to be void.

1. (2) If in the opinion of the prescribed authority, a returned candidate

1. (a) that no such corrupt practice is committed at the election by

candidate;

1. (b) that the candidate took all reasonable means for preventing

the commission of corrupt practices at the election; and

1. (c) that in all other respects the election was free from any corrupt

1. (a) dismissing the election petition; or
2. (b) declaring the election of all or any of the returned candidates to be void; or
3. (c) declaring the election of all or any of the returned candidates

to be void and the petitioner and any other candidate to

have been duly elected.

1. (2) If any person, who has filed an election petition, has in addition

1. (a) that in fact the petitioner or such other candidate received

majority of the valid votes; or

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (b) that but for the votes obtained by the returned candidate the

been duly elected.

1. (2) An '[election of a Mayor or member] not called in question in

accordance with the foregoing provisions shall be deemed to be

a good and valid election.

1. (3) Any person aggrieved by the order of the prescribed authority

may file an appeal to the District Judge within a period of thirty

days from the date of the order. Procedure in case of equality of votes.

22. The following shall be deemed to be corrupt practices for the purposesCorrupt practices.

of this Act-

1. (2) Undue influence as defined in sub-section (2) of the said section.
2. (3) An appeal by a candidate or his agent or by any other person

with the consent of the candidate or his election agent to vote or

refrain from voting on grounds of caste, race, community or religion

or the use of or appeal to, religious symbols or, the use of or

appeal to national symbols such as the national flag or the national

emblem, for the furtherance of the prospects of that candidate's

election.

1. (4) The publication by a candidate or his agent or by any other person

1. (5) The hiring or procuring whether on payment or otherwise of any

Substituted by Haryana Act 28 of 2018.

at elections. MUNICIPAL CORPORATION[1994 : Hr. Act 16

Act:

otherwise and whether used for drawing other vehicles or otherwise.

(6)The holding of any meeting in which intoxicating liquors are

served.

1. (8) Any other practice which the Government may by rules specify

1. (2) Any person who contravenes the provisions of sub-section(1),

shall be punishable with imprisonment for a term which may extend to three months

or with fine, or with both.

used at any election.]

Inserted by Haryana Act 13 of 2007.

1. (2) No such person as aforesaid shall endeavour-
   • (a) to persuade any person to give his vote at an election; or
   • (b) to dissuade any person for giving his vote at an election; or
   • (c) to influence the voting of any person at an election in any manner.
2. (3) Any person who contravenes the provisions of sub-section (1)

or sub-section (2) shall be punishable with imprisonment for a term which may

extend to six months or with fine, or with both.

station, namely:-

1. (a) canvassing for votes; or
2. (b) soliciting the votes of any elector; or
3. (c) persuading any elector not to vote for any particular candidate; or
4. (d) persuading any elector not to vote at the election; or
5. (e) exhibiting any notice or sign (other than an official notice)

relating to the election.

1. (2) No person shall convene, hold or attend any public meeting within

1. (3) Any person who contravenes the provisions of sub-section (1)

shall be punishable with fine which may extend to two hundred and fifty rupees.

1. (4) An offence committed under sub-section (1) shall be cognizable.

in or near polling

1. (a) use or operate within or at the entrance of the polling stationstation.

1. (b) shout or otherwise act in a disorderly manner, within or at

act for candidates or to influence voting.

near polling station and of public meeting on election day.

connectionwith election.

connectionwith preparationof electoral roll.

MUNICIPALCORPORATION[1994 : Hr. Act 16

1. (2) Any person who contravenes or willfully aids or abets the

both.

1. (3) If the presiding officer of a polling station has reason to believe

police officer shall arrest him.

1. (4) Any police officer may take such steps and use such force as may

27.(1)Any person who during the hours fixed for the poll at any polling

officer.

1. (2) The powers conferred by sub-section(l) shall not be exercised

1. (3) If any person who has been so removed from a po lling station, re-

with fine, or with both.

punishable with fine which may extend to five hundred rupees.Anoffence punishable

under this section shall be cognizable.

1. (2) No suit or other legal proceeding shall lie against any such person

for damages in respect of any such act or omission as aforesaid.

1. (3) The persons to whom this section applies are returning officers,

accordingly.

for a term which shall not be less than three months but which may extend to two

years or with fine which may extend to five thousand rupees or with both.

Inserted by Haryana Act 13 of 2007.

1994 : Hr. Act 161MUNICIPALCORPORATION

1. (2) No suit or other legal proceedings shall lie against any such officer

or other person for damages in respect of any act or omission as aforesaid.

1. (3) No court shall take cognizance of any offence punishable under

concerned.]

hh 11b

1. (2) If the Presiding Officer of a polling station has reason to believe

or direct a police officer to arrest such person and may search such person or cause

1. (3) Any ballot paper found upon the person arrested on search shall

be made over for safe custody to a police officer by the presiding officer or when

the search is made by a police officer, shall be kept by such officer in safe custody.

1. (4) An offence punishable under sub-section(1) shall be cognizable.

for a term which shall not be less than one year but which may extend to three years and with fine.

1. (a) seizure of a polling station or a place fixed for the poll by any

1. (b) taking possession of a polling station or a place fixed for the poll

voting;

1. (c) threatening any elector and preventing him from going to the

polling station or a place fixed for the poll, to cast his vote;

1. (d) seizure of place for counting of votes by any person or person

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (e) doing by any person in the service of Government, of all or any of

penalties.he-

1. (a) fraudulently defaces, destroys any nomination paper; or
2. (b) fraudulently defaces, destroys or removes any list, notice or

1. (c) fraudulently defaces or destroys any ballot paper or the

ballot; or

1. (d) without due authority supplies any ballot paper to any person

1. (e) fraudulently puts into any ballot-box any thing other than

1. (g) fraudulently or without due authority, as the case may be,

attempts to do any of the foregoing acts or willfully aids or

abets the doing of any such acts.

1. (2) Any person guilty of an offence under this section shall-
   • (a) ifhe is a returning officer or an assistant returning officer or

a presiding officer or a polling officer or any other officer or

clerk employed on official duty in connection with the election,

be punishable with imprisonment for a term which may extend

to two years, or with fine, or with both;

1. (b) if he is any other person, be punishable with imprisonment

for a term which may extend to six months, or with fine, or

with both.

1. (3) For the purposes of this section, a person shall be deemed to be on official duty ifhis duty is to take part in the conduct of any election or part of an

1. (5) No court shall take cognizance of any offence under section 25,

Commissioner.

1994 : Hr. Act 161MUNICIPALCORPORATION

32.(1)The Government may, in consultation with State Election"[Power to make

namely:-members.]

1. (a) qualifications of elector and the preparation, publication, correction and revision of electoral rolls;
2. (b) the appointment of returning officer, assistant returning officers, presiding officers and polling officers for the conduct of elections;
3. (c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;
4. (d) the deposits to be made by candidates, time and manner of

the Corporation;

1. (e) the withdrawal of candidature;

(f)the appointment of agents of candidates;

1. (g) the procedure in contested and uncontested elections;
2. (h) the date, time and place for poll and other matters relating to the conduct of elections including-

1. (iii) the printing and issue of ballot papers;
2. (iv) the checking of voters by reference to electoral poll;
3. (v) the marking with indelible ink of the left fore-finger or

1. (vi) the manner in which votes are to be given and in

1. (vii) the procedure to be followed in respect of challenged votes and tendered votes;
2. (viii) the scrutiny of votes, counting of votes, the declaration

Oath of

affirmationby Mayor or member.

member.

MUNICIPALCORPORATION1994 : Hr. Act 161

(ix)the custody and disposal of papers relating to elections;

1. (x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll;

payment of compensationin connection with such requisitioning, eviction from requisitioned premises and

section or in respect of which this Act, makes no provisions

1. (2) Any person who contravenes the provisions of any rule framed

under this section shall be punishable with fine which may extend to one thousand

rupees. 1[33.(1) Every elected Mayor or member shall, before taking his seat, make

'Ihaving been elected as a Mayor or member

enter.'.

1. (2) If a person sits or votes as a Mayor or member before he complied

ifin its opinion-

1. (a) he becomes subject to any of the disqualifications mentioned in section 8 ; or
2. (b) he has flagrantly abused his position as a Mayor or member

² Substituted by Haryana Act 28 of 2018.

[1994 : Hr. Act 16

MUNICIPALCORPORATION

1. (c) he has become physically or mentally incapacitated for

performing his duties as a Mayor or member; or

1. (d) he absents himself during three successive months from the

meetings of the Corporation; or

1. (e) he actsincontravention of the provisions of section 60; or

members.]

1. (a) a case against him in respect of any criminal offence is under

taken against him, are likely to embarrass him in the discharge

of his duties or involves moral turpitude or defect of a

character;

1. (b) during the course of an enquiry for any of the reasons for

case may be;

1. (ii) in case the Mayor, Senior Deputy Mayor and Deputy Mayor

Inserted by Haryana Act 18 of 1999.

2 Substituted by Haryana Act 28 of 2018.

any disqualification at time of election. Removal of an elected Mayor or member who fails to lodge election expenditure statement. Review.

members.

Election of

Senior Deputy Mayor, Deputy Mayor, and their term of office.

Mayor is reinstated:

his favour shall arise:

Mayor shall act as Mayor.]

appeal to the Government.]

vacant immediately.

shall become vacant immediately.]

36.(1)5[XXXX]

period of five years or for the residue period of their offices as a member, whichever is less:

³ Inserted by Haryana Act18of2018.

⁴ Substituted by Haryana Act28of2018.

⁵ Omitted by Haryana Act28of2018.

⁶ Substituted by Haryana Act18of1999.

⁷ Inserted by Haryana Act22of2002.

one month of the vacancy.] (W[xxx] (4)l[XXX]

1. (2) The Mayor shall have access to the record of the Corporation

in the manner as may be prescribed.

1. (a) a case against him in respect of any criminal offence is under

investigation, enquiry or trial, if in the opinion of the

Commissionerof the Division, the charge made or

defect of a character;

1. (b) during the course of an enquiry for any of the reasons for

1. (2) A 3[XXX],Senior Deputy Mayor or Deputy Mayor, as the case may

control- (i)3[XXX]

1. (ii) to Mayor if he is Senior Deputy Mayor or Deputy Mayor; and (iii)in case the 3[XXX],Senior Deputy Mayor and Deputy Mayor

² Inserted by Haryana Act28of2018.

³ Omitted by Haryana Act28of2018.

⁴ Substituted by Haryana Act19of1996.

⁵ Inserted by Haryana Act18of1999.

and Deputy Mayor.

and Deputy Mayor.

1. (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 Government.] 38.l[XXX] 39.l[XXX]

1. (2) The Senior Deputy Mayor or the Deputy Mayor may, by writing

under his hand addressed to the Mayor, resign his office.

1. (3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date of its acceptance.

1. (2) The Corporation shall constitute a Water Supply and Sewerage

1. (3) There shall also be a Finance and Contracts Committee of the

1. (4) Each committee shall elect one of its members as the Chairman and another member as the Vice-Chairman:

Provided that the Mayor shall beex-officioChairman of the Finance

and Contract Committee.

1. (5) Any matter relating to Committees not expressly provided in this

Act, may be provided by regulations made in this behalf.

CHAPTER-ill FUNCTIONS OFTHE CORPORATION

shall vest in the Corporation.

1. (2) Without prejudice to the generality of the provisions of sub-

thereon as it deems fit.

Resignation of

l[XXX]Deputy Mayors. Adhoc Committees.

Government. MUNICIPAL CORPORATION[1994 : Hr. Act 16

CHAPTER-ill FUNCTIONSOFTHE CORPORATION

order entrust the Corporation with such powers and authority as may be necessary to enable it to function as institution of local Government and such order may contain provisions for the devolution of powers, functions and responsibilities Omitted by Haryana Act 28 of 2018. 1994 : Hr. Act 161MUNICIPAL CORPORATION upon the Corporation, preparations of plans for economic development and social justice including the functions in respect of the following matters, namely:- (1) Urban planning including town planning. (2) Regulation of land-used construction of buildings. (3) Planning for economic and social development. (4) Roads and bridges. (5) Water supply for domestic, industrial and commercial purposes. (6) Public health, sanitation conservancyand solid waste management. (7)Fire services. (8) Urban forestry, protection of the environment and promotion of ecological aspects. (9) Safeguarding the interest of weaker sections of society, including the handicapped and mentally retarded. (10) Slum improvement and upgradation. (11) Urban poverty alleviation. (12) Provision of urban amenities and facilities such as parks, gardens, play-grounds. (13) Promotion of cultural, educational and aesthetic aspects. (14) Burials and burial grounds, cremations, cremation grounds and electric crematoriums. (15) Cattle ponds, prevention of cruelty to animals. (16) Vital statistics including registration of births and deaths. (17) Public amenities including street lighting, parking lots, bus stops and public conveniences. (18) Regulations of slaughter houses and tanneries.

by any means or measures which it may lawfully use or take, for each of thefunctions of

following matters, namely:-Corporation.

1. (a) the construction, maintenance and cleaning of drains and drainage

works and of public latrines, urinals and similar conveniences;

1. (b) the construction and maintenance of works and means for

providing supply of water for public and private purposes;

1. (c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
2. (d) the reclamation of unhealthy localities, the removal of noxious

vegetation and generally the abatement of all nuisances;

1. (e) the regulation of places for the disposal of the dead and the

provision and maintenance of places for the said purpose;

Discretionary functions of the Corporation. (f) (g) (h) (i) G) (k) (1) (m) (n) (0) (P) (q) (r)

diseases;

practices;

authority in the Municipal area immediately before the

1. (s) the maintenance and development of the value of all properties

vested in or entrusted to the management of the Corporation;

1. (t) the fulfillment of any other obligation imposed by or under this Act or any other law for the time being in force;
2. (u) planting and care of trees on road sides, etc.; and
   • (v) survey of buildings and lands.

the following matters, namely:-

1. (a) the furtherance of education including cultural and physical education;
2. (b) the establishment and maintenance of, and aid to libraries,

museums, art galleries, botanical or zoological collections;

1. (c) the establishment and maintenance of, and aid to stadia, gymnasia,

kharas and places for sports and games;

1. (d) the registration of marriages;
2. (e) the taking of a census of population;

1. (g) the providing of music or other entertainments in public places or

places of public resort and the establishment of theatres and

cinemas;

1. (h) the organisation and management of fairs and exhibitions;

(i)the construction and maintenance of-

(i)rest houses;

1. (ii) poor houses; (iii)infirmaries;
2. (iv) children's homes;
3. (v) houses for the deaf and dumb and for disabled and handicapped children;
4. (vi) shelters for destitute and disabled persons;
5. (vii) asylums for persons of unsound mind;

the public health or medical relief;

1. (m) the provision for relief to destitute and disabled persons;
2. (n) public vaccination and inoculation;

1. (0) the organization, construction, maintenance and management of

outside the Municipal area for the supply, distribution and

1. (q) the organization and management of cottage industries, handicraft

centers and sales emporia;

1. (r) the construction and maintenance of warehouses and godowns;
2. (s) the construction and maintenance of garages, sheds and stands

for vehicles and cattle biers;

Appointment of

Commissioner. Salary and allowances of Commissioner. Leave etc. of Commissioner.

Contribution by

Corporation.

Functions of the

Commissioner.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (t) the provisions for unfiltered water supply;
2. (u) the improvement of the Municipal area in accordance with

improvement schemes approved by the Corporation;

1. (v) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants;

1. (w) the establishment and maintenance of hospitals, dispensaries and

1. (x) any measures not hereinbefore specifically mentioned, likely to

promote public safety, health, convenience or general welfare.

CHAPTER-IV

1. (2) Subject to the provision of sub-section (3) the Commissioner so

three years: Provided further that no officer who has attained the age of

superannuation, shall be appointed or continue as Commissioner.

1. (3) The Government- 2[(a)* * * *]
   • (b) may recall the Commissioner at any time during the term of his appointment.

monthly salary and such monthly allowances, as may from time to time be fixed by the Government and may be given such facilities in relation to residential accommodation, conveyance and the like as may from time to time be fixed by the

Whenever the Commissioner is on leave, or is sent on training another officer may be appointed by the Government in his place.

allowances, pension and provident fund of the Commissioner as may be required by the conditions of his service under the Government.

² Omitted by Haryana Act 15 of 2000.

1. (a) exercise all the powers and perform all the duties specifically

conferred or imposed upon him by this Act or by any other law for

the time being in force;

1. (b) prescribe the duties of and exercise supervision and control over

1. (c) on the occurrence or threatened occurrence of any sudden

1. (b) to furnish any return, plan, estimate, statement, account of

1. (c) to furnish a report by himself or to obtain from any

1. (2) Every such requisition shall be complied with by the Commissioner

Corporation.

require Commissioner to produce documents and furnish returns, reports etc.

sanction. Meetings.

Mayor. MUNICIPAL CORPORATION[1994 : Hr. Act 16

furnish returns, reports etc.

the performance of any duty conferred or imposed upon the Corporation or any other authorities by or under this Act, which will involve expenditure, shall be subject to the following conditions, namely:- (a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and (b) that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Corporation.

1. (1) The Corporation shall ordinarily hold at least one meeting in every

three days.]

1. (2) The Mayor or in his absence the Senior Deputy Mayor, and in the

1. (3) Any meeting may be adjourned until the next or any subsequent

1. (2) Notwithstanding anything contained in section 56, for election of

1. (3) If during the election of Mayor it appears that there is an equality

1994 : Hr. Act 161MUNICIPAL CORPORATION

notice has been so given:

Provided further that any member may send or deliver to the Corporation

think fit:

business

(1)The quorum necessary for the transaction of business at a meetingQuorum. of the Corporation shall be one-third of the total number of members. (2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum. (3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is quorum present or not:

the Corporation.

1. (2) In the absence of both the Mayor and the Deputy Mayors from

the meeting the members present shall elect one from among their own members to

preside.

1. (3) The Mayor or the person presiding over a meeting shall have and

1. (2) The voting shall be by show of hands, but the Corporation may

1. (3) At any meeting, unless voting be demanded by at least four

members a declaration by the presiding officer at such meeting that a resolution

has been carried or lost, and an entry to that effect in the minutes of the proceedings

MUNICIPAL CORPORATION[1994 : Hr. Act 16

resolution.

1. (4) Ifvoting as aforesaid is demanded, the votes of all of the members

present who desire to vote shall be taken under the direction of the Presiding

Officer at the meeting and the result of the voting shall be deemed to be resolution

admission ofsuch order. public to meetings with drawl and suspension of members. Member not to vote on matter in which he is interested.

1. (2) The Mayor or the person presiding over a meeting may direct any

1. (3) If any member is ordered to withdraw a second time within fifteen

1. (4) Subject to sub-section (5), every meeting shall be open to the

1. (5) The Corporation may make regulations for the purpose of

1. (6) The Corporation may make regulations for removal of members for disorderly conduct.

and suspension of members.

1994 : Hr. Act 161MUNICIPALCORPORATION

vote in any such meeting.

1. (2) A member may, subject to the provisions of sub-section (3), ask

this Act.

1. (3) The right to ask a question shall be governed by the following conditions, namely:-
   • (a) not less than seven days clear notice in writing specifying

the question shall be given to the Corporation Secretary;

1. (b) No question shall-
   • (i) bring in any name or statement not strictly necessary to

make the question intelligible;

(ii)contain arguments, ironical expression, imputations, epithets or defamatory statements;

1. (iii) ask for an expression of opinion or the solution of a hypothetical proposition;
2. (iv) ask as to the character or conduct of any person except in his official or public capacity;
3. (v) relate to a matter which is not primarily the concern of

the Corporation or any of the municipal authorities;

1. (vi) make or imply a charge of a personal character;
2. (vii) raise question of policy too large to be dealt with within the limits of an answer to a question;
3. (viii) repeat in substance questions already answered or to which an answer has been refused;

(ix)ask for information on trivial matters;

1. (x) ordinarily ask for information on matters of past history;

1. (4) The Mayor shall disallow any question which is, in his opinion in

Corporationand its committees, etc. and right of members to ask questions in relation to the administrationof Municipal area.

Powers to make

regulations.

hoc committees.

proceedings.

proceedings. Forwarding minutes and reports of proceedings to the Government.

1. (6) The Commissioner shall not be bound to answer a question if it

(7)Unless otherwise directed by the Mayor or the presiding officer

of the meeting every question shall be answered by the Commissioner at a meeting

of the Corporation.

of members to ask questions in relation to the administration of Municipal

area.

at its meetings and at the meetings of itsadhoccommittees and the manner in which notice of such meetings shall be given: Provided that the time, place and procedure for the first meeting after the constitution of the Corporation under section 4 shall be determined by the

(1) The Chairman or in his absence the Vice-Chairman shall preside at every meeting of theadhoccommittee. (2) In the absence of the Chairman and the Vice-Chairman from any meeting the members of any such Committee shall choose one of their members to preside over the meeting.

for that purpose and shall be laid before the next ensuing meeting of the Corporation

three days from the date of the meeting.

1. (2) The Government may also in any case ask for a copy of any paper

paper or papers.

1. (a) the seat of any member remaining unfilled for any cause whatsoever;
2. (b) the existence of any vacancy in, or any defect in the

constitution of the Corporation, or in any committee thereof;

[1994 : Hr. Act 16MUNICIPAL CORPORATION

1. (c) any member having voted or taken part in any proceedings in contravention of section 60;
2. (d) any defect or irregularity not affecting the merits of the case.

1. (2) Every meeting of the Corporation or of any committee thereof, the

CHAPTER-VI

CORPORATION OFFICERS AND OTHER CORPORATION EMPLOYEES

manner, all or any of the categories of Corporation services:Corporation and

appointments

1. (2) The Government may make rules for regulating the recruitment

1. (3) The salary, allowances, gratutity, pension and other payments

service or post under the State].

1. (5) For carrying out the purposes of this Act, the Corporation shall

1. (6) The Corporation may recruit additional staff where necessary

Officers and other employees not to be interested in any contract etc. with Corporation.

Punishment of

Corporation Officers and other employees. Power of Corporation to make regulations.

1. (2) If any such officer or other employee acquires, directly or indirectly

from his office by an order of such authority:

1. (2) No such officer or other employee shall be punished under sub-

1. (a) where an officer or other employee is removed or dismissed

on the ground of conduct which has led to his conviction on

a criminal charge; or

1. (b) where the authority empowered to remove or dismiss such

1. (3) If any question arises whether it is reasonably practicable to give

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (2) No such officer or other employee shall be punished under

1. (a) where an officer or other employee is removed or dismissed

on the ground of conduct which has led to his conviction on

a criminal charge; or

1. (b) where the authority empowered to remove or dismiss such

Corporation.

CHAPTER-Vll REVENUE AND EXPENDITURE

1. (a) all funds which immediately before the declaration and

constitution of the Corporation under sections 3 and 4 of

this Act vestedinthe Municipal area of the Faridabad Complex

1. (b) all money received by or on behalf of the Corporation under

the provision of this Act or of any law for the time being in

force or under any contract;

1. (c) all proceeds of the disposal of property by, or on behalf of the Corporation;
2. (d) all rents accruing from any property of the Corporation;
3. (e) all moneys raised by any tax, rate or cess levied for the purpose of this Act; (f)all fees co llected and all fines levied under this Act or under

any rule, regulation or bye-law made thereunder;

1. (g) all moneys received by or on behalf of the Corporation from the Government or any individual or association of

individuals by way of grant or gift or deposit;

1. (h) all interest and profits arising from any investment of, or from any transactions in connection with, any money

Constituion of

Services to Poor Fund.

Corporation Fund

to be kept in treasury or in a nationalised bank.

Operation of

account with banks.

Payment not to

be made unless covered by a Budget grant.

1. (3) The ownership of all properties, movable or immovable and assets

belonging to the Faridabad Complex Administration shall vest in the Corporation.

1. (4) All liabilities of Faridabad Complex Administration shall be the

liabilities of the Corporation.

1. (5) All actions taken, rights acquired or liabilities incurred by the

(i)all moneys raised by any rent, tax, fine, rate or cess on any person

or any property situated in slum area;

1. (ii) a grant received from the Central/State or any other agency for

1. (iv) all moneys received by or on behalf of Corporation or any source

specifically meant for this fund; and

1. (v) any fund that may be transferred by the Commissioner from the

received by the Commissioner and shall be forthwith paid into any nationalised bank, or in a treasury of the Government or any other bank approved by the

Save as otherwise provided in this Act, no payment shall be made by any bank referred to in section 73 out of the Corporation Fund except on a cheque signed by both,- (a) Officer incharge of the accounts; and (b) the Commissioner or an officer subordinate to him authorised by him in this behalf.

this Act: I.Inserted by Haryana Act 22 of 2009.

1. (a) repayment of money, belonging to contractors or other persons

1. (b) refund of taxes and other moneys which are authorised under this Act;
2. (c) sum payable in any of the following circumstances-
   • (i) under orders of the Government on failure of the Corporation

to take any action as required by the Government; or

1. (ii) under any other enactment for the time being in force; or

1. (iv) under a compromise of any claim, suit or other legal proceedings; or
2. (v) on account of cost incurred in taking immediate action by

life;

1. (d) temporary payment for works urgently required by the

Government in the public interest;

1. (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder;
2. (f) expenses incurred by the Corporation on special measures taken

on the outbreak of dangerous diseases;

1. (g) amount payable to Government by way of audit fee.

drawn, as the case may be, is either-

1. (a) required for a purpose or work specifically sanctioned by the

proper authority and covered by a current budget grant; or

1. (b) required for any payment referred to, or specified in section 75.

Procedure when money not covered by a budget grant is expended.

78.(1)The money from time to time credited to Corporation Fund, shallApplication of

b1 · dif11hd,..hCorporation Fund.

Utilization of

Services to Poor Fund.

for works urgently required for public service.

Investment of

surplus money.

Constitution of

special funds.

1. (2) The money referred to in sub-section (1) shall likewise be applied

1. (3) Notwithstanding anything contained in this Act, the moneys

1. (i) 20% of the total revenue income;
2. (ii) 20% of the revenue expenditure; or (iii)25% of the total capital expenditure,

the Corporation.

of this Act as may be so prescribed.

1. (2) The constitution and disposal of such funds shall be effected in

1. (a) the principles which should govern-

1. (ii) the determination of the taxes, duties, tolls and fees

which may be assigned to, or appropriated by the

Corporation;

1. (iii) the grants-in-aidto the Corporationfrom the

Consolidated Fund of the State;

1. (b) the measures needed to improve the financial position of the Corporation;
2. (c) any other matter referred to the Finance Commission by the

Government in the interest of sound finances of the

Corporation.

1. (2) The Government shall cause every recommendation made by the

(1)The Corporation shall not later than the first week of February ofBudget estimates.

every year, adopt for the ensuing year a budget estimate which shall be an estimate

1. (2) The budget estimate adopted under sub-section(1) shall be

Finance Commission.

1. (3) The budget estimate received by the Government under

may deem fit.

1. (4) The budget estimate shall be prepared in such manner and shall

may from time to time during the year-

(i)increase the amount of any budget grant under any head;

1. (ii) make an additional budget grant for the purpose of meeting

any special or unforeseen requirement arising during the

said year;

alter Budget estimates.

and expenditure during the year.

Provisions as to

unexpended budget grant.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (iii) transfer the amount or portion of the amount of the budget

1. (iv) reduce the amount of the budget grant under any head:

1. (2) Every increase in a budget grant and every additional budget

1. (3) The Commissioner may from time to time during the year-
   • (a) reduce the amount of budget grant; or
   • (b) sanction the transfer of any amount within a budget grant:

1. (4) The Commissioner may, from time to time during the year,

1. (2) For the purpose of sub-section (1), the Corporation may either

object.

1994 : Hr. Act 161MUNICIPAL CORPORATION

following taxes-

(b)2[* * * * * * * * ]such other tax, at such rates as the

Government may, by notification, in each case direct;

1. (c) a duty on the transfer of immovable properties situated within the limits of the municipal area in addition to the duty imposed

less than one per centum and more than three per centum on the amount specified below against such instruments:-

Description ofInstrumentsAmount on which duly shall be levied.

1. (i) Sale of immovablethe amount or value of the consideration for the property
2. (ii) Exchange of immovable property (iii)Giftofimmovable property
3. (iv) Mortgage with possession of immovable property
4. (v) Lease in perpetuity of immovable property sale as set forth in the instrument.

the value of the property or the greater value as

set fourth in the instrument.

the value of the property as set forth in the

instrument.

the amount secured by the mortgage as set forth

in the instrument.

lease, as set forth in the instrument.

w.e.f.1-4-10.

2 Omitted by Haryana Act 2 of 2000.

Taxes etc. to be imposed by Corpora tion under this Act and arrangement of certain taxes collected by Government.

Self assessment of tax MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (1) levy-
   • (a) a tax on profession, trades, callings and employments;

l[(b) a tax on vehicles, plying for hire or kept registered under the

Motor Vehicles Act, 1988 (Act 59 of 1988), within the Corporation, and animals;]

1. (c) a development tax on the increase in urban land values caused

by the execution of any development or improvement work;

1. (d) show tax;

considered.

1. (3) The taxes as specified in sub-section (1) and sub-section (2) shall

1. (4) The Government may, by special or general order, direct the

1. (5) If the Corporation fails to carry out any order passed under

case may be.

to pay the property tax shall himself calculate the tax of the building or land according

Substituted by Haryana Act 15 of 2000.

a half per centum per month from the date of default shall also be charged.]

I(i)[xxxx]

1. (iv) a fee with regard to lighting;
2. (v) a fee with regard to a scavenging;
3. (vi) a fee in the nature of costs for providing internal services in

a building scheme or town planning schemes;

1. (vii) any other fee as deemed fit by the corporation for services rendered.

by the Government.

1. (a) a water tax at such percentage of the 2[annual value] of

Penalties Fees that may be charged by the Corporation.

Components and

rates of taxes of lands and buildings.

Premises in respect of which water tax or charges and Fire tax are to be levied.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

'(b) a fire tax; and 2(C)[xxx]

they are self occupied.

1. (2) Notwithstanding anything contained in sub-section(1),the

1. (a) to which a water supply is furnished from or which are

connected by means of pipes with municipal water works; or

1. (b) which are situated in any portion of the Municipal area in which the Commissioner has given public notice that

portion. (2)3[[Omitted]

from levying any of the said taxes on such lands and buildings to which immediately

Provided further that nothing in this section, shall prevent the

on lands and buildings.

² Omitted by Haryana Act 21 of 2012 w.e.f. 01.04.2010.

³ Omitted by Haryana Act 21 of 2012 w.e.f. 01.04.2010.

⁴ Substituted by Haryana Act 15 of 2000 and further omitted by Haryana Act 24 of 2003.

⁵ Substituted by Haryana Act 24 of 2003.

or land, it shall be the liability of the owner to pay the said tax. I.Substituted by Haryana Act 21 of 2012 w.e.f. 01.04.2010.

1. (2) The assessment, levy and payment of the tax on buildings and

[1994 : Hr. Act 16MUNICIPAL CORPORATION

377

by him.]are let or sub-let.

buildings from

building.

1. (2) An occupier from whom any sum is recovered under sub-section
2. (1) shall be entitled to be reimbursed by the person primarily liable for the payment

bye-laws.

98.3[****] Taxes on lands and buildings a first charge on premises on which they are assessed.

¹ Substituted by Haryana Act 21 of 2003 and further substituted by Haryana Act 21 of 2012

² Substituted by Haryana Act 21 of 2012 w.e.f. 01.04.2010.

³ Omitted by Haryana Act 21 of 2012 w.e.f. 01.04.2010.

Amendment of

assessment list. New Property list. Notice of transfers.

1. (a) by inserting therein the name of any person whose name

ought to be inserted; or

1. (b) by inserting therein any land or building previously omitted;
2. (c) by striking out of the name of any person not liable for the

payment of taxes on lands and buildings; or

1. (e) by making or canceling any entry exempting any land or

1. (g) by inserting or altering an entry in respect of any erected,

1. (2) Before making any amendment under sub-section(1)the

1. (2) In the event of the death of any person primarily liable as aforesaid,

² Omitted by Haryana Act 21 of 2012 w.e.f. 1-4-10.

³ Substituted by Haryana Act 24 of 2003 and further substituted by Haryana Act 21 of 2012

deceased. I.Substituted by Haryana Act 21 of 2012 w.e.f. 1-4-10. w.e.f. 1-4-10.

1994 : Hr. Act 16]MUNICIPAL CORPORATION

1. (3) The notice to be given under this section shall be in such form as

1. (4) Every person who makes a transfer as aforesaid without giving

1. (5) The Commissioners shall record every transfer or devolution of

title notified to him under this section in his books and in the assessment list.

1. (6) On a written request by the Commissioner, the Registrar or Sub-

may from time to time require.

1. (2) Until notice is given, by person as mentioned under sub-section

information.

¹ Substituted by Haryana Act 24 of 2003 and further substituted by Haryana Act 21 of 2012

the owner or occupier of such land or building, or of any portion thereof to furnish

w.e.f.1-4-10.

Premises owned by or let to, two or more persons in severalty to be ordinarily accessed as one property. Assessment in case of amalgamation of premises. Power of Commissioner to assess separately out houses and portion of buildings.

1. (a) as to the name and place of residence of the owner or occupier

or of both the owner and occupier of such land or building;

1. (b) as to the measurements of dimensions of such land or

1. (c) as to the actual cost or other specified details connected

with the determination of the value of such land or building.

1. (2) Every owner or occupier on whom any such requisition is made

1. (3) Whoever omits to comply with any such requisition or fails to

owner or occupier.

property:

law made in this behalf each such several part, or two or more of such several parts

together, as a separate property and assess such part or parts to the said taxes

accordingly.

portions thereo fbe amalgamated into one or more new premises, the Commissioner shall on such amalgamation assign to them one or more numbers and assess them to taxes specified in section 89 accordingly: Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises.

and value. Power of Commissioner to employ valuers.

1. (2) No person shall willfully delay or obstruct any such person in the

exercise of any of his powers under this section.

109.1[* * * * * * * * * * * * * * * *] 110.1[* * * * * * * * * * * * * * * *] 111.1[* * * * * * * * * * * * * * * *] 112.1[* * * * * * * * * * * * * * * *] 113.

2[(1)In case of non payment of tax or of any toll on demand, the officer

1. (2) The Corporation after the lapse offive days from the seizure and

Recovery of toll or taxes.

the articles think proper.

1. (a) vehicles, other than motor vehicles, and other conveyances

plying for hire and kept within the Municipal area;

Omitted by Haryana Act 2 of 2000.

2 Substituted by Haryana Act 2 of 2000.

Tax on whom leviable.

Exemption from

taxes on vehicle and animals.

1. (b) animals used for riding, driving, draught or load when kept

within the Municipal area.

1. (2) A vehicle or animal kept outside the limits of the Municipal area

but regularly used within such limits shall be deemed to be kept for use in the

which the tax is leviable:

or not such animal is owned by such owner or person.

1. (a) vehicles belonging to the Corporation, Government or the Union ofIndia;
2. (b) vehicles used exclusively for the conveyance free of charge

of the injured, the sick or the dead;

1. (c) vehicles kept bybonafidedealers in vehicles merely for sale and not for use.

1. (2) The tax under clause (b) of sub-section (1) of section 114 shall not

be leviable in respect of animals belonging to the Corporation, Government or the

The Corporation shall charge development tax on the increase in the value of the land or building comprised in a scheme put into operation within the

1. (1) The development tax shall be an amount equal to one-half of the

finally notified under Chapter XIX:

Provided that for the purpose of calculation under this section the

land shall be treated as free of all buildings.

1. (2) The Government shall, by notification in the Official Gazette, declare

the date on which scheme shall be deemed to have been completed.

1. (2) Any person on whom a notice of assessment is served under

1. (3) After an opportunity has been given to the objector of being

1. (4) If the person on whom a notice of assessment is served under

Tribunal. 121.l[XXXX]

advertisement without written permission of Commissioner.

1. (2) The Commissioner shall not grant such permission, if-
   • (a) the advertisement contravenes any bye-law made under this Act; or
   • (b) the fee, if any, due in respect of the advertisement has not been paid.
2. (3) Subject to the provisions of sub-section (2) in the case of an

¹ Omitted by Haryana Act 19 of 2017. (G.S.T)

become void in certain eases.

Presumption in

case of contravention. Power of Commissioner in case of contravention. Fee on building applications. Time and manner of payment of taxes or fees.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

following cases, namely:-

1. (a) if the advertisement contravenes any bye-law made under this Act;
2. (b) if any material change is made in the advertisement or any part

thereof without the previous permission of the Commissioner;

1. (c) if the advertisement or any part thereof falls otherwise than through accident;
2. (d) if any addition or alteration is made to, or in the building, walls,

1. (e) if the building, wall, boarding, frame, post or structure over which

upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be the agents of such person or persons.

contravention of the provisions of section 122, the Commissioner may require the owner or occupier of the land, building, wall, boarding, frame, post or structure or vehicle upon or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.

sanction of a building plan shall pay alongwith the application, fee at such rate as may, from time to time, be specified by the Government.

¹ Substituted by Haryana Act 21 of 2012 w.e.f. 01-04-10.

1994 : Hr. Act 16]MUNICIPAL CORPORATION

1. (a) tax on vehicles and animals;
2. (b) show-tax.; 1 [(c) Property tax.]

1. (2) Every such bill which shall be in the prescribed form shall for the

the amount of tax or fee:

3[Provided that no rebate shall be allowed in case of property tax.]

1. (4) If the tax on vehicles and animals or the show-tax is not paid after

1. (5) For every notice of demand served under sub-section (4) a fine of

or fee within thirty days.

recovered, together with costs of recovery, by all or any of the following processes,recovering tax or

in the manner prescribed-fee.

Power of seizure of vehicles and animals in case of non-payment of tax thereon.

Demolition, etc.

of building.

1. (iv) in the case of octroi and toll, by the seizure and sale of goods and vehicles;
2. (v) in the case of taxes on lands and buildings by the attachment of

rent due in respect of the property; and

1. (vi) by a suit.

the vehicle or animal or both, and if the owner or other person entitled thereto does

1. (2) The surplus, if any, remaining after the application of the sale

year from the date of the notice, refund thereof shall be made to such person or his representative. (3)1[****]

thereon.

133.

2[****] 134.

2[****] 135.

2[***] 136.

2[***] 137.

authority.

1. (3) Costs awarded under this section to the Corporation shall be

recoverable by the Corporation as an arrear of tax due from the appellant.

1. (4) If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the appellate authority

may order the Commissioner to pay the amount to the appellant.

if any, in dispute in the appeal has been deposited by the appellant in the office ofto appeal.

the Corporation.]

being heard.

bh

tax or fee.

(a)any land or building for the purpose of determining the

2[property tax] of such land or building;

1. (b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax or fee under this Act;
2. (c) any place or premises which he has reason to believe are

Composition. Irrecoverable debts.

Obligation to

disclose liability.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (d) any land, building or vehicle in or upon which any

advertisement liable to fee under this Act is exhibited or

displaced.

1. (2) The Commissioner may, by written summons, require the

1. (2) Every sum due by reason of the composition of tax under

1. (2) The Commissioner shall report to the Corporation every case in

1. (a) whether such inhabitant is liable to pay any tax or fee imposed

by the Corporation under this Act;

1. (b) at what amount he should be assessed; or
2. (c) the1[****]value of the land or building which he occupies

and the name and address of the owner or lessee thereof.

1. (2) If any person when called upon under sub-section (1) to furnish

or belief, he shall be liable, in addition to any penalty which may be imposed under this Act, to be assessed at such amount on account of tax or fee as the Commissioner may deem proper.

to be made.

1. (2) Any person interested in any such amendment may tender his objection

[1994 : Hr. Act 16MUNICIPAL CORPORATION

379

be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act, and the bye-laws made thereunder have in substance and effect been complied with; and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.

not to effect liability.

regard to taxes. of property.

1. (2) If at any time it appears to the Government, on complaint made or

Substituted by Haryana Act 21 of 2012 w.e.f. 1-4-10.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (1) The Corporation may, in pursuance of any resolution passed by

1. (a) for acquiring any land which it has power to acquire;
2. (b) for erecting any building which it has power to erect;
3. (c) for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power

1. (d) to payoff any debt due to the Government;
2. (e) to repay a loan previously raised under this Act or any other

the Government;

1. (ii) the amount of loan, the rate of interest and the terms

1. (2) When any sum of money has been borrowed under sub-section

1. (3) The Corporation shall be deemed to be a local authority for the

money borrowed

under section 150.borrowed for the purpose of discharging any previous loan shall not, except with

Corporation may, with the previous sanction of the Government, determine and shall be transferable in such manner as shall be expressed, therein, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some of such debentures being prior in date to others.

two or more persons jointly and either or any of them dies, then notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, the debenture or security shall be payable to the survivors of such person:

persons.

1. (2) All moneys paid into the sinking funds shall, as soon as possible

1. (3) All dividends and other sums received in respect of any such

1. (4) Any investment made under this section may, subject to the

provisions of sub-section (2), be varied or transposed.

Form and effects of debentures.

payees.

dividend.

sinking funds.

by Commissioner.

1. (a) the amount which has been invested during the year under section 155;

payment.

money borrowed from Government. Power to make regulations.

Property vested

in Corporation and management of public institutions.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (b) the date of the last investment made previous to the

submission of the statement;

1. (c) the aggregate amount of the securities then in his hand; and
2. (d) the aggregate amount which has up to the date of the statement been applied under section 156, in or towards discharging loans.

1. (2) A copy of every such statement shall also be submitted to the

All payments due from the Corporation on account of interest and repayment of loans shall be made in priority to all other payments due from the

(1) If any money borrowed or deemed to have been borrowed by the Corporation from the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Government may attach the Corporation Fund or any part thereof. (2) After such attachment no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any Corporation authority, officer or other employee might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of the debt due to the Government.

to say,-

1. (a) all such public town, walls, gates, markets, stalls, slaughter

1994 : Hr. Act 161MUNICIPALCORPORATION

1. (b) all public streams springs and works for the supply, storage

1. (c) all public sewers and all drains, and sewers, culverts and

1. (d) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereof;
2. (e) all land or other property transferred to the Corporation by

liabilities of the trust dissolved under sub-section(1)of

2[(g) Shamlat Deh.]

1. (3) The Corporation shall maintain a register and a map of immovable

property of which it is the proprietor or which vests in it, or which it holds it trust

for the Government.

1. (4) The management, control and administration of every public

institution maintained out of the Corporation Fund shall vest in the Corporation.

Inserted by Haryana Act 12 of 2013.

2 Added by Haryana Act 18 of 1999.

MUNICIPALCORPORATION[1994 : Hr. Act 16

1. (5) When any public institution has been placed under the direction,

CHAPTER-X PROPERTIES AND CONTRACTS

Corporation.

Acquisition of

immovable property by the Government.

where- after the land shall vest in the Corporation.

the following provisions shall have effect, namely:-

1. (a) the Commissioner may,-

immovable property belonging to the Corporation; or

1. (b) in cases not covered by clause (a) the Commissioner may, with

1. (d) the sanction of the Government under the aforesaid clauses may

1. (e) subject to any condition or limitation that may be specified by or

under, or for any purposes of this Act;

(f)every case of disposal of property under clause (a) shall be reported

this Act.

1. (2) The contracts by the Corporation under this Act would be made in the manner prescribed.

shall have effect, namely:-making contracts.

1. (a) every such contract shall be made on behalf of the Corporation by the Commissioner;
2. (b) no such contract, for any purpose which in accordance with any

until and unless such approval or sanction has been duly obtained;

may fix, may be made by the Commissioner];

1. (d) no contract, other than a contract falling under clause (c) shall be

valid unless the same has been made with the prior approval of

the Corporation:

Substituted by Haryana Act 18 of 1999 and further substituted by Haryana Act 13 of 2007.

Mode of executing contracts.

Maintenance of

accounts and scrutiny thereof by Examiner, Local Fund Accounts, Haryana and by Corporation. Report by Examiner, Local Fund Accounts, Haryana.

1. (2) No contract which is not made in accordance with the provisions

of this Act and the bye-laws made there under shall be binding on the Corporation.

CHAPfERXI ACCOUNTSANDAUDIT

1. (2) Till regulations as mentioned in sub-section (1) are framed, the

1. (3) The Examiner, Local Fund Accounts, Haryana, shall conduct day

1. (4) For the purpose of examination and audit of the Corporation

CHAPTER-XI ACCOUNTSAND AUDIT

Accounts, Haryana and by Corporation.

380 MUNICIPAL CORPORATION1994 : Hr. Act 161

1. (1) The Examiner, Local Fund Accounts, Haryana shall-
   • (a) report to the Corporation any material impropriety or

1. (b) furnish to the Corporation such information as it may from

time to time require concerning progress of the audit.

1. (2) On receipt of the report under sub-section (1) the Corporation

shall take such action thereon as may be deemed necessary.

1. (3) As soon as may be after the commencement of each year, the

Substituted by Haryana Act 13 of 2007.

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (4) The Commissioner shall cause the said report to be printed and

taken thereon. Action by Commissioner on the report.

1. (2) If there is a difference of opinion between the Examiner, Local

1. (1) The Examiner, Local Fund Accounts, Haryana shall audit theProcedure to be

Fund Accounts, Haryana.

1. (2) In the discharge of his functions under this section, the Examiner,

Local Fund Accounts, Haryana, shall-

1. (a) audit the accounts of expenditure of the Corporation and shall ascertain whether moneys shown therein as having

1. (b) audit the accounts of debt, deposits, sinking funds, advances, suspense and remittance transactions of the

1. (3) The Examiner, Local Fund Accounts, Haryana shall examine and

1. (4) The Examiner, Local Fund Accounts, Haryana, shall in

of these reports.

Power of Examiner, Local Fund Accounts, Haryana to make queries etc. and call for returns etc. Definitions.

1. (2) Every such query or observation as aforesaid shall be promptly

1. (3) The powers of the Examiner, Local Fund Accounts, Haryana with

1. (4) If the Examiner, Local Fund Accounts, Haryana considers it

for inspection.

1. (5) The Examiner, Local Fund Accounts, Haryana shall have the

1. (6) The Examiner, Local Fund Accounts Haryana shall have authority

and call for returns etc.

CHAPTER-XU WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL

words and expressions in relation to water supply shall have the respective meanings

given below, namely:- (1)"Communication pipe" means-

1. (a) where the premises supplied with water abut on the part of

1. (b) in any other case, so much of the service pipe as lies between

pipe with the main, and also-

1. (2) "main" means a pipe laid by the Corporation for the purpose of

1. (3) "service pipe" means so much of any pipe for supplying water

1. (4) "supply pipe" means so much of any service pipe which is not a communication pipe;
2. (5) "trunk main" means a main constructed for the purposes of

1. (6) "water fitting" includes pipes (other than mains) taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in

connection with the supply and use of water.

Power to require Corpora tion to

1. (a) carry out a survey of the existing consumption of and demand forcarry out surveys

1. (b) prepare an estimate of the future water supply retirements of the Municipal area;
2. (c) carry out a survey of the existing quality of sewage disposed of

and the manner in which it is disposed of;

1. (d) formulate proposals as to-

Power to construct additional works. Function in relation to water supply. MUNICIPAL CORPORATION[1994 : Hr. Act 16

time-

1. (a) for ascertaining the sufficiency and wholesomeness of water

supplies within the Municipal area;

1. (b) for providing a supply of wholesome water in pipes to every

1. (c) for providing, as far as possible, a supply of wholesome

danger to health arises from the insufficiencyor

1. (2) If any question arises under clause (b) of sub-section(1) as to

1. (2) Apart from the charges for the domestic supply at rates as may be

fixed by the Government, additional charges wil be payable for the following supplies

ofwater:-

1. (a) for animals or for washing vehicles where such animals or

vehicles are kept for sale or hire;

1. (b) for any trade, manufacture or business;
2. (c) for fountains, swimming baths, or for any ornamental or mechanical purposes;
3. (d) for gardens or for purposes of irrigation;
4. (e) for watering roads and paths;

1. (2) The Commissioner may withdraw such supply at any time if it

fitting shall be executed by Corporation agency under the orders of the

1. (2) Notwithstandinganything contained in sub-section(1),the

Commissioner may require any owner or person applying for a supply of water to

Supply of water to connected premises. Power to supply water for non domestic purposes. Making connections with municipal water works.

Obligation of

owner or occupier

to give notice of

waste of water.

Cutting of supply

to premises.

New premises not

to be occupied without arrangement for water supply. Public gratuitous water supply. Power to lay mains.

his supervision and inspection all the work of laying and applying such

communication pipes and fittings.

this behalf.

from the said premises.

1. (2) The Commissioner may, with like approval, close a public hydrant

or other convenience when it is no longer required for the supply of wholesome

water to the public.

184.(1) The Commissioner may, lay a main whether within or outside the

limits of the Corporation-

1. (a) in any street; and
2. (b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may,

section or otherwise:

1. (2) Where the Commissioner, in exercise of the powers under this

1. (2) Where a service pipe has been lawfully laid in, over or on the land

of such action.

and from time to time renew every such hydrant.

1. (2) To denote the situation of every hydrant placed under this section,

1. (3) As soon as any such hydrant is completed, the commissioner

1. (4) The Commissioner may, at the request and expense of the owner

or occupier of any factory, workshop, trade, premises or place of business, situated

in or near a street in which a pipe is laid (and not being a trunk main and being of

sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order

from time to time to renew one or more fire hydrants to be used only for extinguishing

fires as near as conveniently may be to that factory, workshop trade premises or

place of business.

Power of Corporation to require owners of premises to set up pumps etc. Power to enter premises to detect waste or misuse of water. Power to test water fittings. Power to close or restrict use of water from polluted source of supply. Water pipes etc. not to be placed where water will be polluted. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (5) The Commissioner shall allow all persons to take water for

extinguishing fires from any pipe on which a hydrant is fixed without any payment.

storey of such premises.

examination.

1. (2) Before making any order under this section, the Commissioner

may cause the water to be analyzed at the cost of the Corporation.

1. (3) If the person to whom an order is made under this section fails to

191.(1)No water pipes shall be laid in a drain or on the surface of an open

within six meters of a latrine or cesspool.

1. (2) No latrine or cesspool shall be constructed or made within six

meters of any well, tank, water pipe or cistern or in any position where the pipe,

well, tank or cistern is likely to be injured or the water therein polluted.

[1994 : Hr. Act 16MUNICIPAL CORPORATION

1. (2) All public and other drains which are vested in the Corporation

are hereafter in this Act referred to as Corporation drains.

1. (3) For the purposes of enlarging, deepening or otherwise repairing

to vest in the Corporation.

1. (4) All drains and ventilation- shafts, pipes and all appliances and

1. (a) before or after the commencement of this Act; and
2. (b) for the use of the owner or occupier of such premises or not,

Joint and several liability of owners and occupiers for offence in relation to water supply. Public drains etc. to vest in

1. (1) All Corporation drains, all sewage disposal works and worksControl of drain

Commissioner.

1. (2) The Commissioner shall maintain and keep in repair all municipal

into any drain communicating with a Corporation drain-not to be passed

into municipal drains.

1. (a) any matter likely to injure the drain or to interfere with he free flow

Applicationby owners and occupiers to drain into municipal drain.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty- five degrees celsius being refuse or steam which, or a liquid which when so heated, is, either alone or in combination

1. (c) any dangerous petroleum. Explanation.-In this section the expression "dangerous petroleum"

has the same meaning as is assigned in the Petroleum Act, 1934

(Central Act 30 of1934).

1. (a) to discharge directly or indirectly into any Corporation drain-
   • (i) any trade effluent from any trade premises except in

accordance with bye-laws made in this behalf; or

1. (ii) any liquid or other matter the discharge of which into

Corporation drains is prohibited by or under this Act

on any other law; or

1. (b) where separate Corporation drains are provided for foul water

and for surface water to discharge directly or indirectly:-

1. (i) foul water into a drain provided for surface water; or
2. (ii) except with the permission of the Commissioner, surface

water into drain provided for foul water; or

1. (c) to have his drains made to communicate directly with a storm water overflow drain.

1. (2) Any person desirous of availing himself of the provisions sof

premises-

1. (a) to make a drain emptying into such Corporation drain or place;
2. (b) to provide and set up all such appliances and fittings as may

1. (c) to remove any existing drain or other appliance or thing used

or intended to be used for drainage which is injurious to

health;

1. (d) to provide a close drain in substitution of an open drain or to

1. (e) to provide and set up all such appliances and fittings as may

undrained premises.

New Premises not to be erected without drainage. Power to drain group or block of premises by combined operations. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Where in any case not provided for in sub-section (1) any premises

1. (a) to construct a drain up to a point to be prescribed in such

1. (b) to construct a close cesspool or soakage pit and drain or

drains emptying into such cesspool or soakage pit.

1. (3) Any requisition for the construction of any drain under sub-

1. (a) a drain be constructed of such size, materials, and with such

1. (b) there have been provided and set up on such premises, such

1. (2) The drain so constructed shall empty into a Corporation drain

the purpose.

1. (2) The expenses incurred in carrying out any work under sub-section
2. (1) in respect of any group or block of premises shall be paid by the owners of such

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (3) Not less than fifteen days before any such work is commenced,

the Commissioner shall give to each such owner-

1. (a) written notice of the nature of the proposed work; and
2. (b) an estimate of the expenses to be incurred in respect thereof

and of the proportion of such expenses payable by him.

1. (4) The Commissioner may require the owners of such group or block

of premises to maintain the work executed under this section.

1. (a) that such drain be closed, discontinued or destroyed and that

any work necessary for that purpose be done; or

1. (b) that such drain shall, from such date as may be specified in the

which he thinks fit; and

1. (ii) the expenses of the construction of any drain so provided

the notice as to why an order under this section should not be made.

1. (2) Where no cause is shown within the specified period or the cause

close or limit the use of private drain in certain cases. Use of drain by a person other than owner.

Sewage and rain water drains to be distinct.

require owner to carry out certain works for satisfactory drainage.

Appointment of

places for the emptying of drain and disposal of sewage.

declare him to be joint owner thereof.

1. (3) An order made under sub-section (2) may contain directions as to-
   • (a) the payment of rent or compensation by the owner of the premises;
   • (b) the construction of a drain for the premises for the purpose

of connecting with the aforesaid drain;

1. (c) the entry upon the land in which the aforesaid drain is

situated with assistants and workmen at all reasonable hours;

and

1. (d) the respective responsibilities of the parties for maintaining,

repairing flushing, cleaning and emptying the aforesaid

drain.

taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate Corporation drains or other suitable places.

may by notice in writing-

1. (a) require any courtyard, alley or passage between two or more

1. (b) require such paving to be kept in proper repair.

empty into and all sewage to be disposed of at such place or places as he considers

suitable:

quality of the water into which it is discharged.

1. (2) If any railway or private street be constructed or any building,

same as he may think fit.

1. (3) The expenses incurred by the Commissioner in so doing shall be

and lines of mains or pipes or drains over, under, along or across any immovable

pipes or drains have been placed:

conduit or line of mains or pipes, or drain is placed.

1. (2) The powers conferred by sub-section (1) shall not be exercisable

water works and drains not to be made without permission. Buildings, railways and private streets not to be erected or constructed over drains or water works without permission. Right of user of property for aqueducts, lines etc.

Power of owner of premises to place pipes and drains throu gh land belonging to other persons. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (3) In the exercise of the powers conferred upon him by this section,

why the order should not be made:

any such pipe or drain is placed or carried.

1. (2) Upon the making of an order under sub-section(1) the owner of

1. (3) In placing or carrying a pipe or drain under this section, as little

1. (a) cause the pipe or drain to be placed or carried with the least practicable delay;
2. (b) fill in, reinstate and make good at his own cost and with the least practicable delay and land opened, broken up or

removed for the purpose of placing or carrying such pipe or

drain; and

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (c) pay compensation to the owner of the immovable property

1. (4) If the owner of the immovable property, over, under, along or

same:

over drains or water works without permission.

belonging to other persons.

other work connected with the water-supply or drainage across any railway line, it shall inform the railway administration who may execute the same at the cost of the

1. (1) When under the provisions of this Chapter any person may be

1. (2) The expenses incurred or likely to be incurred by the Commissioner

1. (3) The expenses referred to in sub-section (2), shall be recoverable

from the person or persons liable therefor as an arrear of tax under this Act.

or to any tree any such shaft or pipe as may appear to him to be necessary. Railway administration be informed in certain cases.

after giving notice to the person liable to do so.

drain or cesspool.

Power of Commissioner to examine and test drain etc. believed to be defective.

Employment of

Government agencies for repairs, etc. Work to be done by licensed plumber. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) If on examination the drain or cesspool is found to be in proper

defective.

except by a licensed plumber:

1. (2) Every person who employs licensed plumber to execute any work,

shall, when so required, furnish to the Commissioner the name of such plumber.

1. (3) When any work is executed except in accordance with the

1. (4) The Corporation may make bye-laws for the guidance oflicensed

1. (5) The Corporation may, from time to time, prescribe the charges to

1. (6) No licensed plumber shall, for any work referred to in sub-section
2. (5) demand or receive more than the charges prescribed therefor, under that sub-section.

1. (a) the exercise of adequate control on all licensed plumbers;
2. (b) the inspection of all works carried out by them; and
3. (c) the hearing and disposal of complaints made by the owners

charges made, by a licensed plumber.

1. (8) No licensed plumber shall contravene any of the bye-laws made

1. (9) If any licensed plumber contravenes sub-section (8), his licence

1. (a) willfully, obstruct any person acting, under the authority of

such work or deface or destroy and works made for the same purpose; or

1. (b) willfully or negligently break, injure, turn on, open, close,

1. (c) unlawfully obstruct the flow of, or flush, draw off, or divert,

1. (d) unlawfully obstruct the flow of, or flush, draw off, or divert

1. (e) obstruct any office or other employee of the Corporation in

Vesting of public streets in Corporation.

respect of public streets.

filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause the water

fouled or likely to be fouled.

1. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer

CHAPTER-XIII STREETS

have become public streets, and the pavements, stones and other materials thereof,

shall vest in the Corporation.

1. (2) All public streets vesting in the Corporation shall be under the

soil thereof to be raised, lowered or altered or may place and keep in repair fences

Corporation.

1. (2) With the previous sanction of the Corporation, the Commissioner

1994 : Hr. Act 161MUNICIPAL CORPORATION

under sub-section (2) of section 217 the site of such street or of the portion thereofforming site of

b didfI d. . h C.public streets may eispose0as an vestmgIIIt eorporation.permanently closed.

Corporation-new public streets.

1. (a) layout and make new public streets;
2. (b) construct bridges and sub-ways;
3. (c) turn or divert any existing public streets; and
4. (d) lay down and determine the position and direction of a street or

received.

similar consideration.

Minimum width

of new public streets.

221. (1) TheCommissionermay-Power to prohibit

use of public

1. (a) prohibit vehicular traffic in any public street or any portionstreet for certain

1. (b) prohibitinrespect of all public streets or any particular public streets, the transit of any vehicle of such form, construction,

assistants and other general precautions and upon the

1. (c) prohibit access to premises from any particular public street

Power to acquire land and buildings for public streets and for public parking places. Defining regular lines of streets. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Notices of such prohibition as are imposed under sub-section (1)

shall be posed in conspicuous places at or near both ends of public streets or

portions thereof to which they relate, unless such prohibition applied generally to all public streets.

may-

1. (a) acquire any land required for the purpose of opening, widening,

1. (b) acquire in relation to any such land or building, all such land with

1. (1) The Commissioner may define a line on one or both sides of any

1. (2) The line for the time being defined or re-defined shall be called the regular line of street.
2. (3) No person shall construct or reconstruct any building or a portion

1. (2) When any building or any part thereof within the regular line of a

1. (3) Land acquired under this section shall be deemed to be a part of

the public street and shall vest in the Corporation.

public street and in the opinion of the Commissioner it is necessary to set back the building or part thereof to the regular line of the street, he shall request the

excision of the portion within the said line will not be suitable offit for any beneficial

1. (2) Such surplus land may thereafter be utilized for the purpose of

setting forward a building under section 228.

within regular line of streets have been acquired.

Setting back building to regular line of street. Compulsory setting back of building to regular line of streets.

Acquisition of

open land and land occupied by platforms etc. within the regular line of streets.

building and land after their portions within regular line of street have been acquired.

Setting forward of

buildings to regular line of street.

Payment of

compensation. Owner's obligation when dealing with land Lay-out plans.

under the provisions of sections 224, 225, 226 and 227 shall be made by the

1. (a) the plots into which the land is proposed to be divided for

1. (b) the reservation or allotment of any site for any street, open

space, park, recreation ground, school, market or any public

purpose;

1. (c) the intended level direction and width of streets or streets;
2. (d) the regular line of street or streets; and
3. (e) the arrangements to be made for levelling, paving, metalling flagging, channelling, sewering, draining, conserving and

lighting street or streets.

1. (2) The provisions of this Act and the bye-laws made thereunder as

1. (3) Within sixty days after the receipt of any application under

1. (4) Such sanction shall be refused-
   • (a) if the particulars shown in the lay-out plan would conflict

1. (b) if the said lay-out plan does not conform to the provisions of

this Act, and bye-laws made thereunder; or

1. (c) if any street proposed in the plan is not designed so as to

connect at one end with a street which is already open.

1. (5) No person shall utilize, sell or otherwise deal with any land or

street made in

Commissioner may, whether or not the offender, be prosecuted under this Act bybreach of section

notice,-231.

1. (a) require the offender to show cause by a written statement

1. (b) require the offender to appear before the Commissioner

notice and show cause as aforesaid.

1. (2) If any person on whom such notice is served fails to show cause

1. (3) Nothing in sections 230, 231 and this section shall apply to any

Power of Commissioner to order work to be carried out or to carry it out himself in default.

Declaration of

public streets. Prohib ition of projection upon streets, etc. MUNICIPAL CORPORATION[1994 : Hr. Act 16

233. (1) If any private street or part thereof is not levelled, paved, metalled,

flagged, channeled, sewered, drained, conserved or lighted to the satisfaction of

1. (2) If such work is not carried out within the time specified in the

arrears of tax under this Act.

1. (2) The Commissioner may, at any time, by notice fixed up in any

himself in default.

1. (1) Except as provided in section 236, no person shall erect, set-up,

add to, or place against or in front of any premises any structure or fixture which

will,-

1. (a) overhang, jut or project into, or in any way encroach upon

and obstruct in any way the safe or convenient passage of

the public along any street, or

1. (b) jut or project into or encroach upon any drain or open

1. (2) The Commissioner may by notice require the owner or occupier

1. (3) If the occupier of the said premises removes or alters any structure

with the notice.

1. (a) to erect an arcade, over such street or any portion thereof; or
2. (b) to put up a verandah, balcony, arch, connecting passage,

1. (2) The Commissioner may at any time by notice require the owner or

thereon.

premises on the ground floor of which any door, gate, bar or window opens outwards

granted in this behalf, erect or set-up any wall, fence, rail, post, step, booth or other

structure whether fixed or movable or whether of a permanent or temporary nature,

or any fixture in or upon any street or upon or over any open channel, drain, well or

tank.

1. (2) No person shall, except with the permission of the Commissioner

1. (3) Nothing in sub-section (1) shall apply to any erection or thing to which clause (c) of sub-section (1) of section 243 applies and nothing in

sub-section (2) shall apply to building materials.

Ground floor

streets.

Government.

Power to remove

anything deposited or exposed for sale in contravention of this Act.

Precautions during repair of streets etc.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

clause (5) of part C of section 392 and subject to any general or special order that

the Government may make in this behalf, if any street is vested in the Government,-

1. (a) the Commissioner shall not, in respect of such street grant

1. (b) the Commissioner shall, if so required by the Government, exercise

the power conferred upon him by sections 228, 235, 236 or clause

1. (5) of part C of section 392 or any bye-law made in exercise of the

street.

1. (a) any stall, chair, bench, box, ladder, bale or other thing whatsoever

1. (b) any article whatsoever hawked or exposed for sale on any public

place in contravention of this Act and any vehicle, package, box

or any other thing in or on which such article is placed.

1. (2) No person shall milk or cause or permit to be milked any cow or

buffalo in any street.

1. (3) Any animal tethered or any cow or any buffalo found being milked

as aforesaid in any street may be removed by the Commissioner or any Corporation

1. (1) The Commissioner shall, so far as is practicable during the

construction or repair of any public street, or any municipal drain or any premises

vested in the Corporation,-

1. (a) cause the same to be fenced and guarded;
2. (b) take proper precautions against accident by shoring up and protecting the adjoining buildings;

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (c) cause such bars, chains or posts to be fixed across or in any

1. (2) The Commissioner shall cause such street, drain or premises to

be sufficiently lighted or guarded during night while under construction or repair.

1. (3) The Commissioner shall, with all reasonable speed, cause the

1. (4) No person shall, without the permission of the Commissioner or

up and building Commissioner-materials not be deposi ted therein

1. (a) open, break up, displace, take up or make any alteration in, orwithout

1. (b) deposit any building material in any street; or
2. (c) set up in any street any scaffold or any temporary erection

or other materials.

1. (2) Any permission granted under clause (b) or clause (c) of

1. (3) The Commissioner may, without notice, cause to be removed any

not been removed within the period specified in the notice issued under sub-section (2):

application.

this chapter.

streets.

Commissioner to

take steps for repairing or enclosing places.

1. (2) The charges for removal and storage of the things sold under

sub-section(1) shall be paid out of the proceeds of the sale thereof and the balance,

if any, shall be paid to the owner of the things sold on a claim being made therefor

1. (a) with the sanction of the Corporation, determine the name or

1. (b) cause to be put up or painted at a conspicuous part of any building, wall or p lace, at or near each end, corner or entrance

of such street or on some convenient part of such street, the

name or number by which it is to be known;

1. (c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation;
2. (d) determine the number or sub-number by which any premises

1. (2) No person shall destroy, remove, deface or in any way injure or

1. (2) The Commissioner may before giving any such notice or before

this Act.

1994 : Hr. Act 161MUNICIPAL CORPORATION

deposited therein without permission.

[1994 : Hr. Act 16MUNICIPAL CORPORATION

383

Measures for

lighting.

1. (a) take measures for lighting in a suitable manner all such public

streets and public places as may be specified by the Corporation;

1. (b) procure, erect and maintain such number of lamps, lamp posts

and other appurtenances as may be necessary for the said

purpose;

1. (c) cause such lamps to be lighted by means of oil, electricity or such

lamps.

1. (a) any lamp or any appurtenance of any lamp or lamp posts or

lamp iron set-up in any public street or any public place;

1. (b) any electric wire for lighting such lamp;
2. (c) any post, pole, standard stay, strut, bracket or other

contrivance for carrying, suspending or supporting any

electric wire or lamp.

1. (2) No person shall willfully or negligently extinguish the light of any

lamp set up in any public street or any public place.

1. (3) If any person willfully or through negligence or accident breaks

CHAPTER-XIV BUILDING REGULATIONS

"to erect buildings" means-

1. (a) to erect a new building on any site whether previously built upon or not;
2. (b) to re-erect-

(i)any building of which more than one-half of the cubical

contents above the level of the plinth have been pulled down,

burnt or destroyed; or

1. (ii) any building of which more than one-half of the superficial

area of the external walls above the level of the plinth has

been pulled down; or

down;

building without sanction.

Erection of

building.

building.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (c) to convert into a dwelling house any building or any part of a

purpose;

1. (d) to convert into more than one dwelling house a building originally

constructed as one dwelling house only;

1. (e) to convert into a place of religious worship or into sacred building

extent of the structure which is formed by the roofing or covering of such space;

1. (g) to convert two or more tenements in a building into greater or lesser number;
2. (h) to convert into a stall, shop, warehouse or godown, stable, factory

regulations;

this behalf.

1. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed.

252. (1) Every person who intends to execute any of the following works,

namely:-

1. (a) to make any addition to a building;

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (b) to make any alteration or repairs to a building involving the

1. (c) to make any alteration or repairs to a frame building involving

the removal or re-erection of more than one half of the posts

in any such wall thereof as aforesaid or involving the removal

1. (d) to make any alteration in a building involving-
   • (i) the sub-division of any room in such building so as to

into a room or rooms;

1. (e) to repair, remove, construct, reconstruct, or make any addition

to or structural alteration in any portion of a building abutting

on a street which stands within the regular line of such street;

(f)to close permanently any door or window in an external wall;

1. (g) to remove or reconstruct the principle staircase or to alter its position,

1. (2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.

1. (2) No notice shall be valid until the information required under

1. (1) The Commissioner shall sanction the erection of a building or theSanction or

execution of a work, unless such building or work would contravene any of therefusal of building

or works.

valid notice.

When building or work may be processed with. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) The grounds on which the sanction of a building or work may be

refused shall be the following, namely:-

1. (a) that the building or work, or the use of the site for the building

or work or any of the particulars comprised in the site plan,

ground plan, elevation section or specification would

such other law;

1. (b) that notice for sanction does not contain the particulars or

not prepared in the manner required under the bye-laws made

in this behalf;

1. (c) that any information or documents required by the Commissionerunder this Act or any bye-laws made

thereunder has or have not been duly furnished;

1. (d) that in cases falling under section 230, layout plans have

not been sanctioned in accordance with section 231;

1. (e) that the building or work would be an encroachment on

1. (g) that the building or work would be in contravention of any scheme sanctioned under section 267;
2. (h) that a building for habitation, does not provide for a flush or a water seallatrins.

1. (3) The Commissioner shall communicate the sanction to the person

1. (4) The sanction or refusal as aforesaid shall be communicated in

or work and person by whom the notice has been given shall be free to commence

1. (2) Where a building or work is sanctioned or is deemed to have been

any other law or of any be-law made thereunder.

1. (3) If the person or anyone lawfully claiming under him does not

original notice.

1. (4) Before commencing the erection of a building or execution of a

not be made.

Buildings at corners of streets.

Provisions as to

buildings and works on new side.

building or work. Prohibition against use of inflammable materials for buildings etc. without permission. Order of demolition and stoppage of building and works in certain cases and appeal.

1. (2) The erection of any such building or the execution of any such

or any other law for the time being in force.

execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be comp leted and if the building or work is not completed within the period so specified it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made, therefor, has allowed an extension of that period.

being less than three days from the date on which a copy of the order of demolition

not be made: Provided further that where the erection or work has not been

completed the Commissioner may by the same order or by a separate order, whether

1. (2) Any person aggrieved by an order of the Commissioner made

1. (3) Where an appeal is preferred under sub-section (2) against an

think fit:

1. (4) Save as provided in this section no court shall entertain any suit,

1. (5) Every order made by the Court of the '[Divisional Commissioner]

1. (6) Where no appeal has been preferred against an order of demolition

may be, within the period, if any fixed by the Court of the1[Divisional Commissioner]

Inserted by Haryana Act1 of 2007. Order of stoppage of building or works in certain cases.

Power of Commissioner to require alteration of work. Power to seal premises. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Ifan order made by the Commissioner under section 261 or under

1. (3) After the requisition under sub-section (2) has been complied

not continued. (4)Where a police officer or a Corporation Officer or other Corporation

either-

1. (a) to make such alterations as may be specified in the said

or

1. (b) to show cause why such alterations should not be made

within the period stated in the notice.

1. (2) If the person or the owner does not show cause as aforesaid, he shall

be bound to make the alterations specified in the notice.

1. (3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either cancel the notice issued under sub-section(1) or confirm

order under section 261 or 262 may order to seal the premises.

1. (2) Where any premises has been sealed, the Commissioner, may order

such seal to be removed for the purpose of-

1. (a) allowing an opportunity to the owner to bring it in conformity

with the sanctioned building plan as per the provisions of this

Inserted by Haryana Act 12 of 2013.

1. (b) allowing the functionaries of the Corporation to bring it in

owner; or

1. (c) demolition, at the cost of the owner.

1. (3) No person shall remove such seal except-
   • (a) under an order made by the Commissioner under sub-section (2); or
   • (b) under an order of the appellate authority.
2. (4) Where any order of sealing has been passed under sub-section (1), the

peremises.

1. (5) In the event of non-payment of the cost by the owner as per

1. (2) No person shall occupy or permit to be occupied any such building

265. (1) No person shall, without the written permission of the

Commissioner, or otherwise than in conformity with the conditions, if any, of such

permission- Completion Certificate.

Restrictions on use

of buildings and removal of dangerous

1. (a) use or permit to be used for human habitation any part of abuildings.

building not originally erected or authorised to be used for

Power to order building to be vacated in certain circumstances.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

that purpose or not used for that purpose before any alteration

thereunder;

1. (b) change or allow the change of the use of any land or building;
2. (c) convert or allow the conversion of one kind of tenement into another kind.

1. (2) If it appears to the Commissioner at any time that any building is

1. (3) The Commissioner may also, ifhe thinks fit, require such owner or

1. (4) If it appears to the Commissioner that danger from a building

1. (5) If the owner or occupier of the building does not comply with the

1. (6) All expenses incurred by the Commissioner in relation to any

building under this section shall be recoverable from the owner or occupier thereof

as an arrear of tax under this Act.

1. (2) If any person fails to vacate the building in pursuance of such

1. (3) The Commissioner shall, on the application of any person who

1. (a) the restriction of the erection or re-erection of buildings or

any class of buildings in the whole or any part of the city,

and of the use to which they may be put:

1. (b) the prescription of a building line on either side or both sides

exceed fifty per centum:

compensation;]

1. (d) the determination of the size and shape of a reconstituted

1. (e) the formation of a reconstituted plot by the alteration of the

1. (g) the allotment of a plot to any owner dispossessed of land in

furtherance of the scheme;

1. (h) the transfer of ownership of a plot from one person to another; and (i)the details of the internal services, estimated cost for

MUNICIPAL CORPORATION[1994 : Hr. Act 16

scheme;

1. (2) internal services shall mean-
   • (i) metalling of roads and paving of footpaths;
   • (ii) turning and plantation with trees of open spaces;
   • (iii) street lighting;
   • (iv) adequate and wholesome water supply;
   • (v) sewers and drains both for storm and sullage water and

necessary provision for their treatment and disposal; and

1. (vi) any other works that the Corporation may think necessary

for the development of the area comprised in the scheme.

1. (2) When a scheme has been drawn up under the provisions of sub-

1. (3) The Corporation shall consider every objection or suggestion

1. (4) If a Corporation fails to submit a scheme within six months of

1. (5) While sanctioning a scheme the Government may impose condition

1. (6) After the scheme has been sanctioned, the Corporation shall

proceed to provide internal services as soon as possible and complete it within a

period of five years from the date of its sanction.

area; and

1. (ii) 'unbuilt area' is an area within the local limits of a Municipal

area which is declared as such at a special meeting of the

and appeal.

(1)Notwithstanding anything contained in section 267, the

of all streets and premises, the Commissioner, shall provide-

1. (a) for the daily surface cleansing of all streets and the removal

of the sweepings therefrom; and

1. (b) for the removal of the contents of all receptacles and depots

matter.

1. (2) The Commissioner may, by public notice issue directions as to

Regularizationof certain buildings.

rubbish and filth.

Rubbish etc. to be property of Corporation.

receptacles, depots and places for rubbish etc. Use of Municipal Corporation, Government or private land for the purpose of collection and disposal of solid waste. Duty of owners and occupiers to collect and deposit rubbish etc.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

or appointed under section 270 and all matters collected by Corporation employees or contractors in pursuance of section 268 and 273 shall be property of the

1. (1) The Commissioner shall-
   • (a) provide or place in proper and convenient situations public

1. (b) provide dustbins for the temporary deposit of rubbish;
2. (c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and
3. (d) provide covered vehicles or vessels for the removal of filth

and other polluted and obnoxious matter.

1. (2) The Commissioner shall make adequate provisions for preventing

1. (2) The Urban Development Authorities as well as private colonizers

1. (a) to have the premises swept and cleaned;
2. (b) to cause all filth, rubbish and other polluted and obnoxious matter

1. (c) to provide receptacles or the type and in the manner prescribed

Inserted by Haryana Act 15 of 2000.

1994 : Hr. Act 161MUNICIPALCORPORATION

1. (a) by written notice require the owner or occupier of any premises

1. (b) after giving such owner or occupier notice of his intention cause all rubbish, filth and other polluted and obnoxious matter

under clause (a)

1. (2) No owner or occupier shall allow the water of any sink, drain,

latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run

down on or to be thrown or put upon, any street or into any drain in or along the

1. (3) No person shall, after due provisions had been made in this respect

under the foregoing provisions of this Chapter for the deposit and removal of the

same-

1. (a) deposit any rubbish, filth and other polluted and obnoxious

1. (b) deposit any filth or other polluted and obnoxious matter in

any dustbin on in any vehicle not intended for the removal

of the same; or

1. (c) deposit rubbish in any vehicle or vessel intended for the

factories workshop, etc. Prohibitionagainst accumulationof rubbish etc.

Commissioner's power to get premises Scavenged and cleansed. Public latrines, urinals, etc.

Constructions of

latrines and urinals. Latrines and urinals etc. in new buildings. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Public latrines and urinals shall be so constructed as to provide

and kept in proper order.

1. (2) In prescribing terms under sub-section (1), the Commissioner shall

determine in each case-

1. (a) whether the premises shall be served by flush system or

premises shall have water seal latrine;

1. (b) what shall be the site or position of each latrine or urinal.

as an arrear or tax under this Act.

1. (4) No building plans shall be passed by the Corporation against the

1. (2) While prescribing such accommodation it may in each case be determined-
   • (a) whether such building shall be served by the flush system or by water seal system;
   • (b) what shall be the site or position of each latrine, urinal, bathing

or washing place or site and their number on each floor and

their clear internal dimensions.

at any other suitable place in the same premises.

1. (4) In this section the expression "to erect a building" has the same meaning as in section 249.

1994 : Hr. Act 161MUNICIPAL CORPORATION

fixed in the notice and shall keep the same in clean and proper order.

and proper order.

Provision of

latrines and urinals for markets etc. Other provisions as to private

1. (a) require the owner or other person having the control of any privatelatrines. latrine or urinal not to put the same to public use; or
2. (b) require the owner or other persons having control of such private

1. (c) require any person having the control whether as owner, lessee or occupier0f any land or building-

(i)to have any latrine provided for the same shut out by a

sufficient roof, wall or fence from the view of persons passing

by or dwelling in the neighborhood; or

1. (ii) to cleanse in such manner as the Commissioner may specify

provide such or such additionallatrine or urinal

behalf.

Removal of congested buildings.

Power of

Commissioner require improvement of building unfit for human habitation.

works of improvement.

order demolition of buildings unfit for human habitation.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) If upon receipt of such report the Commissioner considers that

notice:

1. (3) If a notice under sub-section (2) requiring any owner of a building

1. (2) In addition to serving a notice under this section on the owner

1. (3) In determining whether a building can be rendered fit for human

habitation.

as an arrear of tax under this Act.

1994 : Hr. Act 16]MUNICIPAL CORPORATION

1. (2) If any of the persons upon whom a notice has been served under

the building.

1. (3) If no such undertaking as is mentioned in sub-section (2) is given,

being less than thirty days from the date of the order, and that it shall be demolished

within six weeks of the expiration of that period.

1. (4) Where an order of demolition of a building under this section has

1. (5) Any expenses incurred by the Commissioner under sub-section

therein as an arrear of tax under this Act.

1. (6) In determining for the purposes of section 282 and this section

1. (a) repair;
2. (b) stability;
3. (c) freedom from damp;
4. (d) natural light and air;
5. (e) water supply;

(f)drainage and sanitary conveniences;

1. (g) facilities for storage, preparation and cooking of food and

Insanitary huts

and sheds. Prohibition against washing by washer men. Obligation to give information of dangerous disease.

1. (a) necessary repairs;
2. (b) structural alterations;
3. (c) provision of light points and water taps;
4. (d) construction of drains, open or covered;
5. (e) provision oflatrines and urinals;

(f)provision of additional or improved fixtures and fittings;

1. (g) opening up or paving of courtyard;
2. (h) removal of rubbish, filth and other polluted and obnoxious matter;

(i)any other work including the demolition of any building or

any part thereof which, in the opinion of the Commissioner,

made, may, within a period of thirty days of such order, file an appeal to the Divisional Commissioner.

1. (8) The provisions of sections 281,282,283 and this section shall not

(Punjab Act 24 of 1961).

habitation.

1. (2) When any such prohibition has been made, no person who is by

calling a washerman shall in contravention of such prohibition wash clothes except

for himself or for personal and family service or for hire on or within the premises of

the hirer at any place other than a place appointed under sub-section(1).

practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being owner, lessee or occupier of any 1994 : Hr. Act 161MUNICIPAL CORPORATION building in which he knows that any such person is so suffering shall forthwith give information in respect of the existence of such disease to the Corporation

When any person suffering from any dangerous disease is found toRemoval of

be- (a) (b)

without proper lodging or accommodation; or

living in a room or house which he neither owns nor pays rent for,

not occupies as the guest or relative of persons who owns, or

pays rent for it; or

1. (c) living in a sarai, hotel, boarding house or other public hostel; or
2. (d) lodged in premises occupied by members of two or more families,

the Commissioner or any person authorised by him in this behalf,

may, on the advice of any medical officer of the rank not inferior to

that of an assistant surgeon, remove the patient to any hospital

or place at which persons suffering from such disease are received

for medical treatment and may do anything necessary for such

removal.

notice:

Provided that where in the opinion of the Commissioner the owner or occupier

is from poverty unable effectually to carry out any such requisition, the

1. (2) Where the Commissioner is satisfied that the destruction of any

1. (3) Compensation may be paid by the Commissioner, in any case

buildings and articles.

sheds.

Means of

disinfection. Special measures in case of out- break of dangerous or epidemic diseases.

Infected clothes

not to be sent to washerman or to laundry.

1. (a) provide proper places with necessary attendants and

apparatus for the disinfection of conveyances, clothing,

bedding and other articles which have been exposed to infection;

1. (b) cause conveyances, clothing and other articles brought for

1. (2) The Commissioner may notify places at which articles of clothing,

1. (3) The Commissioner may direct the destruction of any clothing,

1. (a) take such special measures; and
2. (b) by public notice, give such directions to be observed by the

such action to the Corporation.

1. (2) No person shall commit a breach of any direction given under

1. (2) The occupier of any building in which a person is suffering from

a dangerous disease shall, if required by the Corporation Health Officer furnish to

Con tamina tion and disinfection of

1. (a) uses a public conveyance while suffering from a dangerousPublic disease; or
2. (b) uses a public conveyance for the carriage of person who is

suffering from any disease; or

1. (c) uses a public conveyance for the carriage of the corpse of a

1. (2) Where any person suffering from, or the corpse of any person

1. (3) No such conveyance shall be again brought into use until the

1. (4) Whoever fails to make to the Commissioner any report which he

is required to make under this section shall be guilty of an offence.

1. (2) For the purposes of this section the keeper of a hostel, hotel,

conveyances.

bound to carry persons suffering from dangerous disease.

Disposal infected articles without disinfection.

Prohibition of

making or selling of food etc. or washing of clothes by infect persons. Power to restrict or prohibit sale of food or drink.

Control over

wells and tanks etc. Duty of persons suffering from dangerous disease. MUNICIPAL CORPORATION[1994 : Hr. Act 16

[1994 : Hr. Act 16MUNICIPAL CORPORATION

385

or otherwise dispose of to another person any article or thing which he knows or has reason to believe was exposed to contamination by any dangerous disease and is likely to be used in or taken into the Municipal area or any part thereof.

likely to spread any dangerous disease, shall-

1. (a) make, carry or offer for sale or take any part in the business of

1. (b) take any part in the business of washing or carrying of clothes.

1. (a) by public notice, prohibit the removal or use of such water, for drinking; or
2. (b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may

1. (c) take such other steps as he may consider expedient to prevent

the out break or spread of any such disease.

1. (2) In the event of the Municipal area or any part thereofbeing visited

1. (a) knowing that he is suffering from a dangerous disease expose

other persons to the risk of infection by his presence or conduct

in any public street or public place;

1. (b) having the care of a person whom he knows to be suffering from

a dangerous disease cause or permit that person to expose other

such street or place as aforesaid;

1. (c) place or cause to be placed in a dusting or other receptacle for the

1. (d) throw or cause to be thrown into any latrine or urinal any matter

Commissioner may by notice in writing-

1. (a) require any person having charge of the corpse to convey the

same to mortuary thereafter to be disposed of in accordance with

law; or

1. (b) prohibit the removal of corpses from the place where death

1. (2) The Corporation may by resolution direct that on or from such

persons employed in Corporation service.

has died from any dangerous disease.

Conditions of

service of Safai Karamcharis and certain other classes of persons employed in Corporation service. Power to call for information regarding burning and burial ground.

burial ground.

shall be so used without the permission in writing of the Commissioner.

1. (2) Such permission may be granted subject to any condition which

Removal of

corpses. Disposal of dead animals.

Prohibi tions of

nuisances.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) No corpse shall be burnt or buried at the burning or burial ground

in respect of which a notice has been issued under this section.

1. (a) convey of carcass to a place provided or appointed under

section 270 for the final disposal of the carcasses of dead

animals; or

1. (b) give notice of the death to the Commissioner whereupon he

shall cause the carcass to be disposed of.

1. (2) In respect of the disposal of the carcass of dead animals under

clause (b) of sub-section (1) the Commissioner may charge such fee as he may by

public notice specify.

1. (a) in any public street or public place- (i)case himself; or
   • (ii) carry meet exposed to public view; or (iii)pick animals or collect carts; or
   • (iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matters willfully or negligently

place; or

1. (v) without proper authority affix, upon any building,

1. (vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or
2. (vii) without proper authority remove, destroy, deface or

1. (viii) without proper authority displace, damage, make any

1. (b) carry rubbish, filth or other polluted or obnoxious matter

1. (c) deposit or cause or permit to be deposited, earth or materials

1. (d) make any grave or burn of bury any corpse at any place not

set apart for such purpose; or

1. (e) at any time or place at which the same has been prohibited

1. (g) let loose any animal so as to cause, or negligently allow any

1. (h) save with the written permission of the Commissioner and in

(i)use or permit to be used as a latrine any place not intended for that purpose.

1. (2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place.
2. (3) The owner or keeper of any animal shall not allow it straying in

public street or public place without a keeper.

Power of Commissioner to require removal or abatement of nuisance.

Registration and

control of dogs.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (4) Any animal found straying as aforesaid may be removed by an officer

1. (a) require the registration by the registration authority appointed

1. (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration

authority, and fix the fee payable for the issue thereof;

1. (c) require that any dog which has not been registered or which

1. (2) The Commissioner may-
   • (a) cause to be destroyed, or to be confined for such period as

Substituted by Haryana Act 21 of 2012 w.e.f. 1-4-10.

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (3) No damages shall be payable in respect of any dog or other animal

destroyed or otherwise disposed of under this section.

1. (4) No one, being the owner or person incharge of any dog, shall

allow it to be at large in any public place without being muzzled and without being

secured by a chain lead in any case in which-

1. (a) he knows that the dog is likely to annoy or intimidate any person;
2. (b) the Commissioner has, by public notice during the prevalence

1. (5) Noone shall-
   • (a) allow any ferocious dog which belongs to him or is in his

charge to be at large without being muzzled; or

1. (b) set on or urge any dog or other animal to attack, worry or intimidate any person; or
2. (c) knowing or having reason to believe that any dog or animal

false.

such prohibition appears to him to be necessary for the prevention of danger to life

or property, the stacking or collecting of wood, dry grass, straw or other inflammable

collecting inflammable materials.

or engage in any game in such manner as to be likely to cause danger to personsworks, firearms passing by or dwelling or working in the neighbourhood or risk of injury to property.etc.

Power to require buildings, wells etc. to be rendered safe.

Enclosure of

waste land used for improper purposes.

fire-brigade.

fire.

part-owner, or person claiming to be the owner or part -owner of any land or building, or the lessee or the person claiming to be the lessee of any such land which by reason of disuse or disputed ownership of other cause, as remained unoccupied and has become the resort of the idle and disorderly person or of persons who have no ostensible means of subsistence or cannot give satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion of nuisance, to secure and enclose the same within such time as may be specified in the notice.

1. (a) remove or order the removal of any person who by his

1. (b) close any street or passage in or near which any fire is burning;
2. (c) for the purpose of extinguishing the fire break into or through or pull down, or cause to be broken into or through or pulled

down or used for the passage of houses or other appliances,

any premises;

1. (d) cause mains and pipes to be shut off so as to give greater

pressure of water in or near the place where the fire has

occurred;

1. (e) call on the persons incharge of any fire engine to render

such assistance as may be possible;

1. (2) No person shall be liable to pay damages for any act done by him

under sub-section (1) in good faith.

1. (3) Any damage done in the exercise of a power conferred or a duty

any regulations, conditions or restrictions which may be imposed by the rules.operation of this

Chapter.

1. (2) Municipal markets and slaughter houses shall be under the control

any municipal market.

Provision of

municipal markets and slaughter houses.

1. (2) Any person contravening the provisions of sub-section (1), and

houses.

1. (2) No place other than a municipal slaughter house shall be used as slaughter house:

Provided that nothing in this sub-section shall be deemed-

1. (a) to restrict the slaughter of any animal in any place on the

occasion of any religious festival or ceremony, subject to

Conditions of

grant of licence for private market.

open without licence etc.

Prohibition of use

of unlicensed markets.

1. (b) to prevent the Commissioner, with the sanction of the

1. (1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such

1. (2) When the Commissioner refuses to grant any licence, he shall

record a brief statement of the reasons for such refusal.

1. (3) The Commissioner may, with the previous approval of the

1. (4) A private market of which the licence has been suspended or

1. (2) When a licence to open a private market is granted or refused or

place to which the notice relates.

such market.

1. (2) Any person contravening the provision of sub-section(1)and

1994 : Hr. Act 161MUNICIPAL CORPORATION

rents and fees. may-

1. (a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf,-

(iii)for the use of machines, weights, scales and measure provided

for in any municipal market; and

1. (iv) for the right to slaughter animals in any municipal slaughter house; and for the feed of such animals before they are ready for slaughter; or

1. (b) put up to public auction or dispose of by private sale, the privilege

sealed recentacles.

1. (2) The Commissioner may, by order and subject to such conditions

1. (3) Every such licence shall expire at the end of the year for which it

is granted or at such earlier date as the Commissioner may, for special reasons,

specify in the licence.

Stallage rents etc. to be published. Butcher's fishmonger's and poulterer's licence.

Factory, etc. not to be established without permission of Commissioner. Premises not to be used for certain purposes without licence. Seizure of certain animals.

1. (2) The Commissioner may refuse to give such permission, ifhe is of

1. (a) any of the purposes specified in PART-I of the Second Schedule;
2. (b) any purpose which is, in the opinion of the Commissioner;

dangerous of life; in health or property or likely to create a

nuisance;

1. (c) keeping houses, cattle or other quadruped animals or birds

for transportation, sale or hire or for sale of the produce

thereof: or

1. (d) storing any of the articles specified in Part-Il of the Second

1. (2) In prescribing the terms of a licence granted under this section for

1. (3) The Corporation shall fix a scale of fees to be paid in respect of premises licenced under sub-section (1). l[XXXX]

¹ Omitted by Haryana Act 11 of 1997.

or birds:

1. (2) Whenever the Commissioner is of the opinion that the user of

any premises for any of the purposes referred to in sub-section(1)of section 331 is

causing a nuisance and such nuisance should be immediately stopped the

1. (3) Without prejudice to the foregoing provision of this section any

this Act.

Power of the Commissioner to prevent use of premises in particular area for purposes referred

1. (2) No objection to any declaration under sub-section(1)shall beto in section 331.

received after a period of one month from the publication of the notice.

1. (3) The Commissioner shall consider all objections received within

think fit.

1. (4) Every such declaration shall be published in the Official Gazette

1. (5) No person shall, in any area specified in any declaration published

for purposes referred to in section 331.

terms of a licence granted by the Commissioner in this behalf: _hawking article

etc.

1. (a) hawk or expose for sale in any place any article whatsoever,

whether it be for human consumption or not;

1. (b) use in any place his skill in any handicraft or for rendering service

to and for the convenience of the public for the purpose of gain or

making a living.

Eating houses, etc. not to be used without licence from Commissioner.

and places of public amusement.

stop use of premises used in contravention of licences.

inspect places where unlawful slaughter of animal etc. is suspected.

house, lodging house, hotel, boarding house, tea shop, coffee house, cafe,

1. (2) The Commissioner may at any time cancel or suspend any licence

of a licence granted by the Commissioner in this behalf, keep open any theatre,

circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement:

1. (2) The Commissioner may remove and sell by auction or otherwise

dispose of any animal or carcass of any animal or any flesh seized under sub-

section (1).

1. (3) Ifwithin one month of the seizure under sub-section (2) the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction

section(1)shall vest in the Corporation.

Improvement Scheme.

1. (5) No claim shall lie against any person for compensation for any

animals etc. is suspected.

any area-

1. (a) that the buildings in that area are by reason of disrepair or sanitary

area; and

1. (b) that the most satisfactory method dealing with the conditions in

scheme,

he may frame an improvement scheme in respect of the area in accordance with the

bye-law made in this behalf.

improvement scheme. (a)

of the scheme;

the relaying out of any land comprised in the scheme;(b)

1. (c) the redistribution of sites belonging to owners of property

comprised in the scheme;

1. (d) the closure or demolition of building portions of buildings unfit for human habitation;
2. (e) the demolition of obstructive buildings or portions thereof;

(f)the construction and reconstruction of buildings;

1. (g) the construction and alteration of streets;
2. (h) the water supply, street lighting, drainage and other conveniences;

Submission of improvement scheme to the Corporation for approval and to the Government for sanction. MUNICIPAL CORPORATION[1994 : Hr. Act 16

G)the sanitary arrangements required for the area comprised in the

scheme;

1. (m) the sale, letting or exchange of any property comprised in the scheme;
2. (n) urban forestry, protection of the environment and promotion of ecological aspects;

1. (0) urban poverty alleviation;

(P)promotion of cultural, educational and aesthetic aspects;

1. (q) cattle ponds, prevention of cruelty to animals;
2. (r) public amenities including street light, parking, lots, bus stops and public conveniences; and
3. (s) any other matter for which, in the opinion of the Commissioner it

is expedient to make provision with a view to the improvement of

the area to which the scheme relates.

1. (2) Where any land is designated in an improvement scheme as

1. (3) If the Commissioner fails to acquire the land within a period of six

1. (4) The Commissioner may prepare a scheme in the slum improvement

and upgradation of the area as provided in the Punjab Slum Areas (Improvement

and Clearance) Act, 1961 (Punjab Act 24 ofl961).

1. (2) No improvement schemes approved by the Corporation under

sub-section (1) shall be valid unless it has been sanctioned by the Government.

1. (a) the fact that the scheme has been sanctioned;
2. (b) the boundaries of the area comprised in the scheme; and
3. (c) the place at which particular of the scheme, a map of the area

1. (2) The Commissioner shall cause the aforesaid notice to be published

in the Official Gazette and also in the manner specified in section 360.

to the Government for sanction.

scheme.

after development plan for the Municipal area or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provision of the development plan or the zonal development plan.

1. (a) by the erection of buildings or by attachment of land belonging

to the Corporation or ofland acquired by the Corporation for the

purpose;

1. (b) by the conversion of any buildings belonging to the Corporation

into dwellings for the economically weaker sections.

sanctioned. Rehousing Scheme. Improvement scheme and rehousing scheme to comply with master plan and zonal development plan.

Provision of

housing accommodation for the economically weaker sections. Declara tion of controlled area.

1. (2) The l[Director] shall not later than six months from the date of

1. (3) Without prejudice to the generality of the powers specified in

sub-section (2) above, the plans may provide for anyone or more of the following

matters, namely:-

1. (a) the division of any site into plots for the erection or re-

1. (b) the allotment or reservation of land for roads, open spaces,

gardens, recreation grounds, schools, market and other public

purposes;

1. (c) the development of any site into a colony and the restrictions

1. (d) the erection or re-erection of buildings on any site and the

1. (e) the alignment of buildings on any site;

1. (g) the amenities to be provided in relation to any site or

1. (h) the prohibition or restriction regarding erection or re-erection

of shops, workshops, warehouses or factories or buildings

Substituted by Haryana Act 12 of 2014.

they shall be maintained;

1. (4) The Government may either approve the plans without

directions.

1. (5) The '[Director] shall cause to be published by notification the

1. (6) Any person within thirty days from the date of publication of the

1. (8) Provision may be made by rules made in this behalf with respect

1. (9) Subject to the foregoing provisions of this section, the

section.

1[Director].

building etc. in controlled area.

Prohibition on

use of land in controlled area.

grant or refusal thereof. Appeal.

Offences and

penalties.

1. (2) The licence so granted shall be valid for one year may be renewed

prescribed.

1. (2) On receipt of such application the I[Director] after making such

enquiry as he may consider necessary, shall by order in writing either-

1. (a) grant the permission or licence subject to such conditions, if

any, as may be specified, in the order; or

1. (b) refuse to grant such permission or licence; provided that the

1. (3) If, at the expiration of a period of three months after an application

section 346.

1. (4) The '[Director] shall maintain such registers as may be prescribed

appeal shall be final. 2[350A.(1) Any person who-

1. (a) erects or re-erects any building or makes or extends any

section 349 or section 350; or

1. (b) uses any land in contravention of the provision of sub-section

1. (1) of section 348 or section 350,

contravention.

1. (2) Without prejudice to the provisions of sub-section(1),the

1. (3) If the order made under sub-section (2) is not carried out within

officers.

and

1. (ii) to assist the I[Director] or any other officer authorized in writing by him, in this behalf, in the lawful exercise of any power vested in

thereunder.

1. (2) The person so arrested shall, without unavoidable delay be

laws.

Commissioner to

carry out functions of the Director. Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions. 351. 3[* * * * * * * * * * * * * * * *] 351A. 4[* * * * * * * * * * * * * * * *]

1. (a) the date of the grant thereof;
2. (b) the purpose and the period, if any, for which it is granted;
3. (c) restrictions or conditions, if any, subj ect to which it is granted;
4. (d) the name and address of the person to whom it is granted; and
5. (e) the fee, if any, paid for the licence or written permission.

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (2) Except as otherwise provided in this Act or any bye-law made

1. (3) Save as otherwise provided in this Act or any bye-law made

granted:

Provided that-

1. (a) before making any order of suspension or revocation,

1. (b) every such order shall contain a brief statement of the reasons

for the suspension or revocation of the licence or the written

perrmssion.

1. (4) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the grantee

1. (5) Every grantee of any licence or written permission granted under

1. (a) for the purpose of ascertaining whether there is or has been on or

1. (b) for the purpose of ascertaining whether or not circumstances

Power to enter

land, adjoining

land in relation to

any work.

Breaking into

building.

1. (c) for the purpose of taking any action or executing any work

authorised or required by this Act or any bye-law made thereunder;

1. (d) to make any inquiry, inspection, examination, measurement,

1. (e) generally for the purpose of efficient discharge of the functions

by any of the municipal authorities under this Act or any bye law

made thereunder.

1. (2) The person so authorised shall, before entering on any such land

1. (3) The person so authorised shall, in exercising any power conferred

Act to make any entry into any place, and to open or cause to be opened any door, gate or other barrier-

1. (a) ifhe considers the opening thereof necessary for the purpose of such entry; and
2. (b) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier.

1. (2) Before making any entry into any place as specified under sub- section (1) or opening or causing to be opened any such door, gate or other barrier,

writing to them or any of them so to do.

1. (3) A report shall be made to the Corporation as soon as may be after

1994 : Hr. Act 161MUNICIPAL CORPORATION

no entry authorised by or under this Act shall be made except between the hours ofentry. sunrise and sunset.

no land or building shall be entered into without the consent of the occupier, or ifto be obtained. there is no occupier, or the owner thereof, and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in section 331 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that placeIII contravention of this Act or any bye-law made thereunder.

withdrawing. Regard to be had to social or religious usages.

by or under this Act or any person with whom the Corporation or the Commissionerobstruction or molestation in has lawfully contracted, in the execution of his duty or of anything which he isexecution of work. authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfillment of his contract, as the case may be.

known in the locality to be affected thereby, by affixing copies thereof in conspicuous

Public notice how to be made known.

Newspaper in

which advertisement of notices to be published.

Proof of consent etc. of Commissioner, etc. Notices etc. to fix reasonable time. Signature on notices etc. may be stamped. Notice etc. by whom to be served or issued. Serving of notice etc.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

thereunder the doing of or the omission to do anything or the validity of anything

depends upon the approval, sanction, consent, concurrence, declaration, opinion

the same.

1. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque

drawn upon the Corporation Fund under section 75 and such classes of documents

as may be prescribed.

required or authorised by this Act or any rule, regulation or bye-law made thereunder

1. (a) where the person to be served is a company, ifthe document

1. (ii) delivered at the registered office or at the principal office

or place of business of the company;

1. (b) where the person to be served is a partnership firm, if the

1. (ii) delivered at the said place of business;

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (c) where the person to be served is a public body or a

and is either,-

(i)sent by registered post; or

1. (ii) delivered at that office;

1. (d) in any other case, if the document is addressed to the person to be served and-
   • (i) is given or tendered to him; or
   • (ii) if such person cannot be found; is affixed on some

tendered to some adult member of his family or is affixed

1. (iii) is sent by registered post to that person.

1. (2) Any document which is required or authorised to be served on

served-

1. (b) if the document so addressed or a copy thereof so addressed,

the land or building.

1. (3) Where a document is served on a partnership firm in accordance

with this section, the document shall be deemed to be served on each partner.

1. (4) For the purpose of enabling any document to be served on the

1. (5) Where the person on whom a document is to be served is a minor,

the service upon his guardian or any adult member of his family shall be deemed to

be service upon the minor.

Service of bills for

tax or notice or

demand by ordinary post. Power in case of non-compliance with notice etc.

default of owner.

Execution of

work by occupier in default of owner and deduction of expenses from rent.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (6) Nothing in section 364 and section 365 and in this section shall

apply to any summons issued under this Act by a court.

(7)A servant is not a member of the family within the meaning of this section.

any tax or a notice of demand may be served by sending it by ordinary post with a pre-paid letter under a certificate of posting addressed to the appropriate person specified in section 366 at his last known place of residence or business and in proving the serving of every bill or notice so sent, it shall be sufficient to prove that the matter was properly addressed and posted under a certificate of posting.

payable by him in respect of such property as it falls due up to the amount recoverable from the owner under section 366:

Provided that if the occupier refuses to disclose the correct amount of

the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 368 as an arrear of tax under this Act.

1. (2) Any amount recovered from an occupier instead offrom an owner

which he is required to execute under this Act or any bye-law made thereunder, the

occupier, if any, of such land or building may, with the approval of the Commissioner

1. (2) The burden of proving any act entitling a receiver, agent or trustee

to relief under sub-section (1) shall lie upon him.

1. (3) Where any receiver, agent or trustee has claimed and established

moneys which may come to his hands on behalf, or for the use of the owner, and on

exercises of any of the power vested by this Act or any bye-law in the Commissioner

1. (2) In the event of a dispute regarding the amount of compensation

of tax under this Act:

Relief to agents and trustees.

General power to

pay compensation.

Compensation to

be paid by offenders for damage caused by them. Mode of recovery of certain dues. Right of owner to

in case of obstruction by occupier.

General powers and procedure of the court of District Judge. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) The court on receipt of such application, may make a written

paid by the occupier.

1. (3) After eight days from the date of the order referred to in sub-

reasons of his failure to comply with the said provision or notice, order or requisition.

by occupier.

to suits shall be followed, in the disposal of application, appeals or references that

may be made to the Court of the District Judge under this Act or any bye-law made thereunder.

court of the District Judge.

1. (a) on any application, appeal or reference under this Act or any

bye-law made thereunder to the court of the District Judge;

and

1. (b) for the issue, in connection with any inquiry or proceedings

before that court under this Act or bye-laws, of any summons

or other process:

Provided that the fee, if any, prescribed under clause (a) shall not in

cases in which the value of the claim or subject matter is capable of being estimated

in money, exceed the fee liable for the time being under the provisions of the Court

Fees Act, 1870, in cases in which the amount of the claim or subject matter is ofa like amount.

1. (2) The Government may, by like notification, determine the person

by whom the fee, if any, prescribed under clause (a) of sub-section(1)shall be

payable.

1. (3) No application, appeal or reference shall be received by the court

of the District Judge until the fee, if any, prescribed therefor under clause (a) of

sub-section(1) has been paid:

[1994 : Hr. Act 16MUNICIPAL CORPORATION

1. (ii) issue process on behalf of any such person, without payment

or on part payment of the fees prescribed under this section.

any bye-law made thereunder to the court of the District Judge, is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time, shall be repaid by the court to the parties by whom the same have respectively been paid.

1. (b) with the approval of the Government, make rules not inconsistent

1. (a) contravenes any provision of any of the section, sub-sections,

1. (b) fails to comply with any order lawfully given to him or any

requisition lawfully made upon him under any of the said sections,

sub-sections, clauses, provisos or other provisions shall be punishable-

(i)with fine which may extend to the amount, specified in the

third column of the said Table; and

1. (ii) in the case of a continuing contravention or failure; with an

half fees on settlement before hearing. Power of the court of District Judge to delegate certain powers and to make rules.

the failure or contravention.

Offences by Companies. Police Establishments. Arrest of offenders. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Notwithstanding anything contained in sub-section (1) where an

accordingly.

Explanation.-For the purposes of this section-

1. (a) "Company" means body corporate, and includes a firm or other association of individuals; and
2. (b) "director" in relation to a firm means a partner in the firm.

383. (1) Every Corporation shall, unless relieved of this obligation by the

Government, maintain sufficient police establishment for its police requirements

within the Municipal area for the performance of the duties imposed on it by this

Act:

1. (2) The establishment maintained under sub-section(1)shall consist

1. (a) the name and address of such person be unknown to him; and
2. (b) such person on demasnd declines to give his name and

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (2) No person so arrested shall be detained in custody after his true

time necessary for the journey from the place of arrest to the court of such magistrate.

1. (a) take, or withdraw from, proceedings against any person who is charged with-

1. (ii) any offence which affects or is likely to affect any property

or interest of the Corporation or the due administration of

this Act; or (iii)committing any nuisance whatsoever;

1. (b) contest or compromise any appeal against rateable value or

assessment of any tax or rate;

1. (c) take, or withdraw from or compromise, proceedings under section

373 for the recovery of expenses or compensation claimed to be

due to the Corporation;

1. (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;
2. (e) defend any suit or other legal proceeding brought against the

claim, suit or other legal proceeding brought against the

1. (g) withdraw or compromise any claim against any person in respect

1. (h) obtain such legal advice and assistance as he from time to time

thinks necessary or expedient to obtain or as he may be required

Power to institute etc. legal proceedings and obtain legal advice.

Prosecution.

Composition of

offences.

Protection of

action of the Corporation etc. Notice to be given of suits. MUNICIPAL CORPORATION[1994 : Hr. Act 16

by the Corporation to obtain for any of the purposes mentioned

in the foregoing clauses or for securing lawful exercise or discharge

employee.

made punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the Commissioner, or any other officer of the Corporation authorised by it in this behalf. 387. (1) The Commissioner or any other officer of the Corporation authorised by it in this behalf by a general or special order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act or any rule or any bye-law made thereunder. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation officer or other

1. (1) No suit shall be instituted against the Corporation or against the

1. (2) No suit, such as is described in sub-section(1) shall, unless it is

anses.

1. (3) Nothing in sub-section(1) shall be deemed to apply to a suit in

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (2) Every rule made under this Act shall be laid as soon as may be

the rule or the House agrees that the rule should not be made, the rule shall thereafter

1. (2) Any regulation made under this section may provide that

contravention thereof shall be punishable with fine which may extend to five hundred

Supplemental provisions respecting regulations. rupees.

1. (3) No regulation made by the Corporation under this Act shall have

namely:-

A.Bye-laws relating to taxation-

(1)the maintenanceof tax books and registers by the

1. (2) the inspection of and the obtaining of copies and extracts

from such books and registers and fees, if any, to be charged

for the same;

1. (3) the publication of rates of taxes as determined by the

Government from time to time;

1. (4) the requisition by the Commissioner of information and

returns form persons liable to pay taxes;

1. (5) the notice to be given to the Commissioner by any person

MUNICIPAL CORPORATION[1994 : Hr. Act 16

tax under this Act;

1. (8) any other matter relating to the levy, assessment, collection,

refund or remission of taxes under this Act.

B.Bye-laws relating to water supply, drainage and sewage disposal-

1. (1) the power of the Commissioner to close water works for the

1. (2) the connection of supply pipes for conveying to any premises

a supply of water from municipal water works;

1. (3) the making and renewing connections with municipal water works;
2. (4) the power of the Commissioner to take charge of private connection;
3. (5) the power of the Commissioner to alter the position of connection;
4. (6) the equitable distribution of water supplied to occupiers;

such stamping;

1. (8) the size, material, quality and description of pipes, cisterns

1. (9) the provision and maintenance of meters when water is supplied by measurement;
2. (10) the prohibition of fraudulent and un-authorised use of water

and the prohibition of fraud in connection with meters;

1. (11) the maintenance of pipes, cisterns and other water works;
2. (12) the regulation or prohibition of the discharge or deposit of

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance,

1. (14) the cleansing of drains;
2. (15) the prohibition of erection of buildings over drains without

the permission of the Commissioner;

1. (16) the connection of private drains with municipal drains;
2. (17) the location and construction of cesspools;
3. (18) the covering and ventilation of cesspool;
4. (19) the period or periods of the day during which trade effluent

may be discharged from any trade premises into municipal

drains;

1. (20) the exclusion from trade effluent of all condensing water;
2. (21) the elimination from trade effluent, before it enters a municipal

matter with which it is likely to come into contact while passing

through municipal drains, injure or obstruct those drains or

make specially difficult or expensive the treatment or disposal

of the sewage from those drains;

1. (22) the maximum quality of trade effluent which may, without

highest rate at which trade effluent may, without such

1. (23) the regulation of the temperature of trade effluent at the time

1. (24) the charges to be paid to the Corporation by occupiers of

1. (25) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time

samples of what is passing into municipal drains from trade

premises;

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) the erection of a temporary nature during festivals;
2. (3) the setting up of boards on buildings adjacent to streets

during their construction or repair;

1. (4) the precautions to be taken when permission is granted to

1. (5) the permission, regulation or prohibition of use or occupation

1. (6) any other matter in connection with the construction, repair,

1. (2) the regulation or restriction of buildings in different areas;
2. (3) the form of notice of erection of any building or execution of

any work and the fee in respect of the same;

1. (4) the plans and documents to be submitted together with such

notice and the information and further information to be

furnished;

1. (5) the level and width of foundation, level of lowest floor and stability of structure;
2. (6) the construction of buildings and the materials to be used in the construction of buildings;

1994 : Hr. Act 161 MUNICIPAL CORPORATION

for human habitation;

and water lifting devices;

(11)the provision of secondary means of access for the removal

of house refuse;

(12)the materials and methods of construction of external and

party walls, roofs and floors;

(15) the paving of yards;

(16)the restrictions on the use of inflammable materials in

buildings;

(17)the restrictions on construction of foundation on certain

sites; (18)

the measures to be taken to protect buildings from damp

arising from sub-soil;

water;

of a street;

(23)the construction of portable structures and permission for

such construction. E.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (3) the white washing of buildings;
2. (4) the provision of living accommodation for sweepers in

buildings newly erected requiring ten or more latrines;

1. (5) the regulation or prohibition of the stabling or herding of

1. (6) the seizure of ownerless animals straying within the limits of

1. (8) the prevention of the spread of dangerous diseases;
2. (9) the segregation in or the removal or exclusion from any part

1. (10) the supervision, regulation, conservation and protection

of water;

1. (11) the enforcement of compulsory vaccination and inoculation;
2. (12) the proper disposal of corpses, the regulations and

G Bye-laws relating to markets, slaughter houses, trades and occupations-

1. (1) the days on, and the hours during which any market or

slaughter house may be kept open for use;

1. (2) the regulation of the design, ventilation and drainage of

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (3) the keeping of markets and slaughter houses and the lands

1. (4) the manner in which animals shall be admitted in slaughter houses;
2. (5) the manner in which animals may be slaughtered;
3. (6) the provision of passage of sufficient width between the stalls in market, buildings and market places for the convenient use of the public and the prevention of

1. (8) the disposal of destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption;
2. (9) the destruction of carcasses which from any disease or any

other cause are found after slaughter to be unfit for human

consumption;

1. (10) the regulation of the entry of animal into slaughter house

1. (11) the proper custody and care of animals for the keeping of

which licences are granted under section 331;

1. (12) the regulation of the import of animals and flesh within the Municipal area;
2. (13) the rendering necessity of licences for the use of premises

such licences may be granted, refused, suspended or revoked;

1. (14) the regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants,eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resorts;
2. (15) the control and supervision of places where dangerous or

effects arising or likely to arise therefrom;

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (16) the regulation of the posting of bills and advertisements and

1. (17) the fixation of a method for the sale of articles whether by

measure, weight, piece or any other method;

1. (18) the procedure regarding grant of permit to establish a factory,

workshop or trade premises;

1. (19) the regulation of smoke in factories, workshop and trade premises;
2. (20) the regulation of sanitary conditions in factories, workshop and trade premises;
3. (21) the regulation of the use in any factory, workshop or trade

1. (22) the prevention of nuisance in any market building, market

place, slaughter house or any factory, workshop or trade

premises;

H Bye-laws relating to improvement-

1. (1) the form and contents of an improvement scheme or a rehousing scheme;
2. (2) the procedure to be followed in connection with the framing,

submission, approval and sanction of such scheme;

1. (3) the local inquires and other hearings that may be held before

a scheme is framed, approved or sanctioned;

1. (4) the alteration of an improvement scheme or a rehousing

1. (1) the prevention and extinction of fire;
2. (2) the circumstances and the manner in which owners of land

1. (3) the regulation and control of Corporation hospitals and dispensaries;
2. (4) the rendering of necessary licences-
   • (a) for the proprietors or drivers of hackney carriages, cycle

1. (b) for persons working as job porters for the conveyance of goods;

1994 : Hr. Act 161MUNICIPAL CORPORATION

S63

1. (S) the classification of cinema theatres for the purposes of levying theatre-tax;

1. (6) any other matter which is to be or may be prescribed by

2[(2)Notwithstanding anything contained in sub-section (1), the

bye-laws.]

[1994 :Hr. Act16MUNICIPAL CORPORATION

389

thereof shall be punishable-breaches of

bye-laws.

1. (a) with fine which may extend to five hundred rupees; or
2. (b) with fine which may extend to five hundred rupees and in the case

of continuing contravention, with an additional fine which may

extend to fifty rupees for every day during which such contraventioncontinues after convictionfor the first contravention; or

1. (c) with fine which may extend to fifty rupees for every day during

shall not be less than one lac rupees and more than two lac rupees,

and in the case of a continuing breach, with a further fine of two

thousand rupees for every day during which the breach continues. ]

1. (2) Any such bye-law also provide that a person contravening the

Inserted by Haryana Act 12 of 2013.

Supplemental provisions respecting bye-laws. Bye-laws to be available for inspection and purchase.

of documents. Inspection.

Direction by

Government.

1. (2) The Government in approving a bye-law may make any change

therein which appears to it to be necessary.

1. (3) The Government may, after previous publication of its intention

cancel any bye-law which it has approved, and thereupon the bye-law shall cease

to have effect.

1. (2) Copies of all such bye-laws shall be kept at the Corporation office

and shall be sold to the public at cost price either singly or in collections at the

option of the purchaser.

1. (a) to produce any record, correspondence, plan or other document

in his possession or under his control;

1. (b) to furnish any return, plan estimate, statement, account or statistics

duties.

1. (a) that any duty imposed on the Corporation or any of its

1. (b) that adequate financial provision has not been made for the

comply with such direction:

1. (a) various uses to which any land within the Corporation may be put;
2. (b) repayment of debts and discharging of obligations;
3. (c) collection of taxes;
4. (d) observance of rules and bye-laws;
5. (e) adoption of development measures and measures for

1. (g) establishment and maintenance of fire-brigade].

section 398, any action the taking of which has been directed under thatfor enforcement of .direction under

section (1): -

1. (a) all members shall, on such date as may be specified in the

order vacate their offices without prejudice to their eligibility

for election under clause (d);

1. (b) on the dissolution of the Corporation, all powers and duties

conferred and imposed upon the Corporation by or under

Added by Haryana Act 15 of 2003.

2 Inserted by Haryana Act 12 of 2014.

Delegation. Validity of notices and other documents.

entry as evidence.

Evidence of

Corporation officer or employee. Prohibition against obstruction of Mayor or any Corporation authority etc.

that behalf;

1. (c) all property vested in the Corporation shall until it is

reconstituted, vest in the Government;

1. (d) election shall be held for the purpose of reconstituting the

Corporation within a period of six months.

CHAPTERXXN MISCELLANEOUS

401.(l)The Government, may by notification, delegate all or any of its

powers under this Act, except the power to make rules, to any officer not below the

1. (2) The Commissioner may, by order direct that any power conferred,

document issued under this Act, shall be invalid merely by reason of defect of

form.

and transactions.

legal proceeding to which the Corporation is not a party, be required to produce any register or document the contents of which can be proved under section 403 by the certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

Added by Haryana Act 12 of 2014.

1994 : Hr. Act 16]MUNICIPAL CORPORATION

any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.

deface or otherwise obliterate any notice exhibited by or under orders of the

removal deposit

removal of mark.

Prohibition against

removal or obliteration.

1[408A.(1)If the competent authority is satisfied-

1. (a) that any person authorized to occupy any premises of the Corporation has-
   • (i) not paid rent lawfully due from him in respect of such

premises for a period of more than two months; or

1. (ii) sublet, without the permission of the Commissioner or any other officer duly empowered to grant such

permission, the whole or any part of such premises; or

1. (iii) otherwise acted in contravention of any of the terms

1. (b) that any person is in unauthorized occupation of any premises/land or building/structure constructed thereon, of the Corporation,

the competent authority may, notwithstanding anything contained in any law, for

the time being in force, by notice served upon him by post or by person and if such

Power to evict persons from Corpora tion premises/land. Inserted by Haryana Act1 of 2007.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

Appeal

1. (3) If the order made under sub-section (2) is not carried out or

1. (4) Even before the expiry of a further period of seven days mentioned

1. (2) and the cost of such measures shall if not paid on demand being made to him, be

recoverable from such person as arrears of land revenue.

1. (5) If a person, who has been ordered to vacate any premises/land or

within a period of seven days from the date of service of the notice, pays the rent

served on him.

Commissioner.

1. (2) Where an appeal is preferred under sub-section(1),the

1. (3) Every appeal under this section shall be disposed of by the

1. (2) The person against whom an order under sub-section (1) is made

by the Divisional Commissioner may within thirty days of the date of communication

of the order make an appeal to the Government:

ceasing to be a member.

other Corporation employees, shall be deemed to be a public servant within the

meaning of section 21 of the Indian Penal Code, 1860.

411. (1) As soon as may be after the 1st day of April, in every year and not

later than the 1st day of April, in every year and not later than such date as may be

1. (2) The Commissioner shall prepare report and the Corporation shall

consider it and forward the same to the Government with its resolution thereon, if

any.

1. (3) Copies of the report shall be kept for sale at the Corporation

members.

Members and

Corpora tion Officer and employees to be public servants. Annual administration report.

Construction of

reference.

Special provisions as to rural area.

Corporation.

modify proceedings.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

this Act,-

1. (a) the Corporation with previous approval of the Government may,

form part of the urban areas;

1. (b) the Corporation with previous approval of the Government may,

by notification in the Official Gazette,-

1. (i) exempt the rural areas or any portion thereof from such of

other charge.

or order of the Corporation or of any other Corporation authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of powers conferred by this Act or of any other law for the time being in force or is likely to lead breach of the peace or cause injury and or annoyance to the public or any class or body of persons, the Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.

order should not be made.

of Act.

1. (2) When a notification is issued under this section in relation to any Municipal area, this Act, all notification, rules, regulations, bye-laws, orders,

directions and powers issued, made or conferred under this Act shall cease to

operation of Act.

1. (1) There shall be constituted for the metropolitan area, a metropolitanCommittee for

planning committee, to prepare a draft development plan for the area as a whole.Metropolitan

planning.

1. (a) the composition of the Metropolitan Planning Committee;
2. (b) the manner in which the seats in the Committee shall be filled:

1. (c) the representation in such Committees of the members of the

1. (d) the functions relating to planning and coordination for the

metropolitan area which may be assigned to the Committees;

1. (e) the manner in which the Chairpersons of the Committees shall be chosen.

1. (3) The Metropolitan Planning Committee shall, in preparing the draft development plan,-
   • (a) have regard to-
     • (i) the plans prepared by the Corporation, municipalities

and the Panchayats in the Metropolitan area;

1. (ii) matters of common interest between the Corporation, municipalitiesand the panchayats,including co-ordinated special planning of the area, sharing of

1. (iii) the overall objectives and priorities set by the

Government ofIndia and the Government;

Transitional provisions. Provisions regarding staff of Faridabad Complex Administration.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (iv) the extent and nature of investments likely to be made

1. (b) consult such institutionsand organisationsas the Government may prescribe.

TO FARIDABAD COMPLEX ADMINISTRATION

Development) Act, 1971, in force on the date immediately preceding the day on

which this Act came into force in the Municipal area orinany rule, order or notification

made or issued thereunder and in force on such date, unless a different intention

appears-

1. (a) reference to Faridabad Complex Administration, Faridabad under

1. (b) references to the Chief Administrator under the Faridabad Complex

1. (c) references to any chapter or section of the Faridabad Complex

1994 : Hr. Act 161MUNICIPAL CORPORATION

difficulty.

difficulties.

1. (2) Notwithstanding anything contained in sub-section(1)-
   • (a) any appointment, notification, order, scheme, rule, form,

rule, form, notice or bye-law made or issued or any licence or

permission granted under the said provisions;

1. (b) all debts, obligations and liabilities incurred, all contracts

the Corporation;

1. (c) all budget estimates, assessments, valuations, measurements

until they are supersededby any budget estimate,

1. (d) all properties, movable and immovable and all interests of whatsoevernature and kind therein, vested in the

1. (e) all rates, taxes, fees, rents and other sums of money due to

the Corporation;

Provisions regarding officers and employees. Assets, liabilities, obligations contracts and pending proceedings.

to be levied at the same rate at which they were being levied

1. (g) all suits, prosecutions,land acquisition proceedings

instituted or which might have been instituted by or against

the administration of the Faridabad Complex may be

continued or instituted by or against Corporation; and

1. (h) all proceedings and appeals pending before any authority of

1. (1) When any municipality including area comprising rural area or a

1. (2) The Corporation may recruit additional staff where necessary

subject to the conditions as may be laid down by the Government.

1. (3) In making appointment to any post referred to in this section, the

1. (1) All assets and properties vesting in all debts, liabilities and

obligations incurred by, and all contracts made by or an behalf of, the municipality

including area comprising rural area or a part, thereof, if any, declared and constituted

in operation.

1. (2) All proceedings pending before any authority of the said

1. (3) All appeals pending before any authority of the said municipality

1. (4) All prosecutions instituted by or on behalf of the said municipality

area comprising rural area or a part thereof, if any pending on the day the Corporation

was constituted, shall be deemed to have been instituted by or against the

The Haryana Municipal Corporation Ordinance, 1994 (HaryanaRepeal.

Ordinance No.4 of 1994), is hereby repealed.

notification No. S.O14/47/2003-3XCII,dated the 30th September, 2003 as amended from time to time and Haryana Goverment, Urban Local Bodies Department (Committees), Notification No. S.O.46/H.A.1611994/S.87/2012,dated the

accordingly,-

before any court of law on this ground;

1. (ii) no suit or other proceedings shall be maintained or continued in any

1. (iii) no court or authority shall enforce a decree or order directing the

I.Inserted by Haryana Act 21 of 2012 w.e.f. 01.04.2010.

MUNICIPAL CORPORATION First Schedule [See Section 3(1)] [1994 : Hr. Act 16 A. Municipalitiesand revenue estates included in the Faridabad Complex-

1. (i) Municipality of Faridabad Township
2. (ii) Municipality ofFaridabad Old
3. (iii) Municipality ofBallabgarh

B.Sabha areas included in the Faridabad Complex-

1. (i) Atmadpur
2. (ii) Annangur
3. (iii) Palla
4. (iv) Sarai Khaja
5. (v) Wazirpur
6. (vi) Mevla Maharajpur (vii) Fatehpur Chandila
7. (viii) Budina (ix)Daulatabad
8. (x) Ajronda
9. (xi) Saran (xii)Mujesar (xiii)Ranera
10. (xiv) Unchagaon
11. (xv) Jharsainthi
12. (xvi) Sehi
13. (xvii) Ankhir (xviii) Badkhal (xix)NawadaKoh (xx)Dabua (xxi)Gaunchi (xxii)Nangla Gujran (xxiii)Gajipur

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (xxiv) Bajri
2. (xxv) Bhankri (xxvi)Pali

excluding the area mentioned in Haryana

Government,Local(Committees), (xxvii) Gothra notification number 13/35/91-3Cll, dated Mohabtabad

(xxviii)Sehatpur

19th June, 1993, published in Hindi.

(xxix) Agwanpur (xxx)Ismailpur (XXXI)Basantpur (xxxii)Salarpur (xxxiii)Nasirpur (xxxiv) Aslatpur (xxxv)Mowali (xxxvi)Baselwa (xxxvii) Palwali (xxxviii)Lakkarpur

MUNICIPAL CORPORATION[1994 : Hr. Act 16 SecondSchedule (See Section 331) Part I

Purposes to which premises may not be used without a licence.

1.Banking 2. Cinematograph films, shooting of- 3.Cinematograph film by any process whatsoever, Treating of-

of-

the trade of-

1. (i) Autocar or autocycle servicing or repairing
2. (ii) Blacksmithy (iii)Coppersmithy
3. (iv) Eletroplating
4. (v) Glass beveling

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (vi) Glass cutting
2. (vii) Glass polishing
3. (viii) Goldsmithy (ix)Marble cutting, grinding, dressing or polishing
4. (x) Metal (ferrous or non-ferrous or antimony but excluding precious

metal) cutting or treating metal by harmoring drilling, pressing,

filling, polishing, heating or by any other process whatever or

assembling parts of metal

1. (xi) Photography-studio (xii)Radio (wireless receiving set) selling, repairing, servicing or manufacturing (xiii)Silversmithy
2. (xiv) Spinning or weaving cotton, silk, art silk or jute or wool with the aid of power
3. (xv) Stones grinding, cutting, dressing or polishing
4. (xvi) Timber or wood sawing or cutting, by mechanical or electric power (xvii)Tinsmithy (xviii) Washerman's trade

(xix)Welding of metal by electric, gas or any process whatsoever.

21. Manufacturing Parching, packing, pressing, cleaning, cleansing,

boiling, molting, grinding or preparing by any process whatever any of

the following articles-

1. (i) Aerated waters
2. (ii) Bakelite goods

(iii)Bidis (indigenous cigarettes) snuff, cigars or cigarettes

1. (iv) Bitumen
2. (v) Blasting powder
3. (vi) Bones
4. (vii) Bricks or tiles by hand power
5. (viii) Bricks or titles by mechanical power (ix)Brushes
6. (x) Candles
7. (xi) Catgut MUNICIPAL CORPORATION[1994 : Hr. Act 16 (xii)Celluloid or celluloid goods (xiii)Cement concrete designs or models
8. (xiv) Charcoal
9. (xv) Chemicals
10. (xvi) Cinematograph films stripping in connection with any trade
11. (xvii) Cosmetics or toilet goods

1. (xx) Dammar

1. (xxi) Dynamite (xxii)Fat (xxiii)Fireworks
2. (xxiv) Flax
3. (xxv) Ink for printing, writing, stamping etc. (xxvi)Gas (xxvii) Ghee (xxviii) Glass or glass articles (xxix)Gunpowder
4. (xxx) Hemp (xxxi)Ice (including dry Ice) (xxxii)Insecticide or disinfectants (xxxiii)Leather cloth or rexina cloth or water proof cloth (xxxiv) Lime
5. (xxxv) Lineseed oil (xxxvi)Matches for lighting (including Bengal matches) (xxxvii) Mattresses and pillows (xxxviii) Offal (xxxix)Oil cloth 1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (xli) Pharmaceutical or medical products (xlii)Rubber or rubber goods (xliii)Paints
2. (xliv) Paper or cardboard
3. (xlv) Pickers from hides
4. (xlvi) Pitch (xlvii) Plastic goods

(li)Soap Oil)Sugar (!iii)Sweetmeat and confectionery goods

1. (liv) Tallow
2. (lv) Tar
3. (lvi) Varnishes
4. (lvii) Wooden furniture, boxes, barrels, khokas or other articles of wood

or wherein the inflammable material is stored, whether the manufacturing

by electric power or oil engine for more than 2 H.P.

caustic, acid, paints, salt-petre, Sulphur, naptha, mercury, turpentine,

resin, spirits, wine or any other dangerously inflammable oil, liquids or

material.

MUNICIPAL CORPORATION[1994 :Hr. Act16

in the above clause.

37.Private nursing home (O.P.D.) 38.Private nursing home (indoor).

39.Agencies of Jeep, Car Truck etc.

40.

PARTll Articles which may not be stored in any premises without a licence 1.Asafootida 2.Ashes 3.Bamboos 4.Bidi leaves 5.Blasting powder 6.Blood 7.Bones, bone meal or bone powder 8.Camphor

etc.

24. Copra

25. Cotton including Kohok, surgical cotton and silky cotton

etc.

MUNICIPAL CORPORATION[1994 : Hr. Act 16 38.Flax 39.Fulminate 40.Fulminate of mercury 41.Fulminate of silver 42.Golatino 43.Golignite 44.Grass 45.Gun-cotton 46.Gunpowder 47.Gunny Bags 48.Hair 49.Hay or fodder 50. Hemp 51.

Hessain cloth (gunny-bag cloth)

52.Hides (dried) 53.Hides (raw) 54. Hoofs 55.Horns 56.Incense or esas 57.Jute

58.Khokas, boxes, barrels, furniture or any other article of wood

59.Lacquer 60.Leather

63. Nitro-Cellulose 64.Nitro-Compound 65.Nitro glycerine 66. Nitro-mixture 67.Offal 68.Oil, other than Petroleum

1994 : Hr. Act 16]MUNICIPAL CORPORATION

69. Oilseeds including almonds, but excluding cotton seeds

72.Paints

Act, 1934 75. Phosphorus

76. Plastic or plastic goods

77.Plywood

78. Rags, including small pieces or cutting of cloth, hessain cloth, gunny-

bag cloth, silk, art silk or woolen cloth

MUNICIPAL CORPORATION[1994 : Hr. Act 16 THIRDSCHEDULE (See section 380) PENALTIES

TABLE Section,SubjectFine orDaily fine Sub-section,imprisonmentwhich may clause orwhich maybe imposed provisobe imposed Rs.Rs. Section 101,Failure to give notice of 50050 sub-sectionstransfer or devolution of

1. (1) and (2) land or building

Section 101,Failure to produce instrument

50050 sub-section (3) of transfer Section 102Failure to give notice of500

erection of new building etc.

Section 103Failure to give notice of50050

demolition or removal of

building Section 104Failure to comply with500 requisition to furnish information, etc. Section 108,Wilful delay or obstruction500 sub-section (2) of valuers Section 122Prohibition of advertisement50050 without permission Section 137Failure to give notice of50050 re-occupation of vacant land or building Section 142,Non-compliance with the500 sub-section (2) requisition of attendance before the Commissioner

1994 : Hr. Act 161MUNICIPAL CORPORATION

Section 145Failure to disclose liability500 Section 180Failure to give notice500 Section 182Prohibition to occupy new50050 premises without arrangement for water supply

Section 188Refusal of admittance, etc.500

Section 191,Laying of water pipes, etc.50050

sub-section (1)in a position where the same

may be injured or water therein polluted Section 191,Construction oflatrines, etc.,500

sub-section (2)in a position where pipes

may be injured or water therein polluted Section 195Injury to, or interference 50050

group or block of premises Section 200Non-compliance with50050

MUNICIPAL CORPORATION[1994 :Hr. Act16 Section 201Non-compliance with500 Commissioner's order

than the owner thereof Section 202Non-compliance with500 requisition for keeping sewage and rain water drains distinct Section 203Non-compliance with500 requisition for the pavement of courtyard, etc.

Section 205Connection with Municipal50050

Water works of drains without written permission Section 208,Non-compliance with 50050

sub-section (4)requisition to close, remove

or divert a pipe or drain Section 214,Execution ofwork by a500 sub-section (1)

person other than a

licenced plumber Section 214,Failure to furnish when500 sub-section (2)

required, name of licensed

plumber employed Section 214,Licensed plumbers not500 sub-section (6)

water or sewage works Section 223,Construction of building2,000200 sub-section (3)

1994 : Hr. Act 161MUNICIPAL CORPORATION

Section 228Failure to comply with50050

street

of the Corporation Section 232,Failure to comply with50050

Commissioner Section 233,Failure to comply with500

to level, etc. such street Section 235,Prohibition ofprojectionsImprisonment for100 sub-section (1) upon street, etc.one month or Rs. 1,000 or both Section 235,Failure to comply with50050 sub-section (2) requisition to remove projections from street Section 236,Failure to comply with50050 sub-section (2) requisition to remove a verandah, balcony, etc. put out in accordance with section 23 6(l) Section 237Failure to comply with1,00050

as not to open outwards

fixtures which cause obstruction in streets

MUNICIPAL CORPORATION[1994 :Hr. Act16

in streets

Section 241,Tethering of animals and500

sub-sections milking of cattle in public

1. (1) and (2)streets Section 242,Unlawful removal of bar500

light Section 243,Streets not to be opened50050

Section 245,Name of street and number

Section 246,Failure to comply with 50050 sub-section (1)

Section 248,Wilfully and negligently500 sub-section (2) extinguishing light Section 250Erection ofa building5,000500 without the sanction of the Commissioner Section 251,Failure to give notice of500 sub-section (1)

intention to erect a building

Section 252Failure to give notice of50050

intention to make additions,

etc., to buildings Section 255,Commencement of work2,000200 sub-section (4) without notice, etc. Section 257Failure to comply with50050

1994 : Hr. Act161MUNICIPAL CORPORATION Section 258,Erection of buildings on1,00050 sub-section (1)

for plan

2,000200 contravention of conditions of sanction, etc. Section 263Failure to carry out alterations 2,000 Section 264,Non-compliance with revision 50050 sub-sections (1)

as to completion certificates,

and (2)

Section 265,Failure to comply with2,000200 sub-sections (2)

requisition and to remove

and (3)

structures which are in

ruins or likely to fall Section 266,Failure to comply with1,000100 sub-section (1) requisition to vacate buildings in dangerous conditions, etc.

Section 272Failure to comply with500 requisition for removal of

MUNICIPAL CORPORATION[1994 : Hr. Act 16 Section 273,Keeping rubbish and fifth50050 sub-section (1) for more than twenty four hours etc.

etc. in street etc.

of terms prescribed

Section 277,Failure to provide buildings

1,000100

sub-section (1)newly erected or re-erected

with latrine, urinal and other accommodation

Section 279Failure to comply with50050 requisition to enforce provision oflatrines or urinal etc. Section 280,Failure to comply with50050

Clauses (a), (b),requisition to enforce

1. (c) and (d)provision oflatrine or urinal accommodation etc. Section 281,Failure to comply with1,000100 sub-section (2) requisition for removal of congested buildings Section 282Failure to comply with1,000 requisition to improve

buildings unfit for human

habitation

1994 : Hr. Act 161MUNICIPAL CORPORATION Section 284,Failure to comply with order2,000200 sub-sections (1) of demolition of buildings (2), (3) and (4)unfit for human habitation Section 285Failure to comply with50050

Section 287Failure to give information500 of dangerous disease. Section 289Failure to comply with500 requisition to cleanse and disinfect buildings or articles Section 290Failure to comply with requisition to destroy

etc. at any place not notified by the Commissioner Section 293,Sending infected clothes to500 sub-section (1) washer man or laundry.

washer man or laundry to

1. (2) and (3)a dangerous disease etc.

Section 296Failure to disinfect buildings500

before letting the same Section 297Disposal of infected500 articles without disinfections

MUNICIPAL CORPORATION[1994 : Hr. Act 16

wells and tanks in contravention of prohibition of Commissioner

extend to one month or Rs. 1,000 or both Section 304Failure to supply information500 by persons incharge of

Section 306,Failure to comply with500 sub-section (1)

in a burial ground after it has been closed Section 307Removal of corpses by other500 than prescribed routes Section 308,Failure to give notice for500 sub-sections (1)

removal of corpse of

clause (b)dead animals Section 309,Commission of nuisances500 sub-sections (1), (2), (3)

1994 : Hr. Act 161MUNICIPAL CORPORATION Section 310Failure to comply with50050 requisition for removal or abatement of nuisance Section 311,Dogs not to be at large in500 sub-section (4)

a street without being

secured by a chain lead

Section 313Setting a naked light500 Section 314Discharging fire-works, fire500 arms, etc. likely to cause danger Section 315Failure to comply with

requisition to render buildings,

wells etc., safe Section 316Failure to comply with500 requisition to enclose land

market without a license

licence, etc.

trades near a market

etc., without permission

carried on without a licence '[Section 332Keeping abandonment or300 which100] sub-section (3)tethering of animals, etc.may extend to 2000

without a licence, etc. Section 335

to licence.

Section 336Keeping open theatre1,000100

circus or other place of public amusement without

licence or contrary to terms

of licence Section 353Preventing the Commissioner500100

Substituted by Haryana Act 9 of 2005.

1994 : Hr. Act 16] Section 366Failure to comply with500 sub-section (4)

premises

after eight days from issue

by or under order of the Corporation Commissioner, etc.

making of any encroachment from any land vested in the Corporation 56310-L.R.-H.G.P., Chd.