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section 37

A member holding office as 3[XXXX]Senior Deputy Mayor or Deputy

The Haryana Municipal Corporation Act, 1994
Infrastructure1994286 sections21 chapters
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Chapter II Chapter II

Statutory text

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

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