HARYANA GOVT. GAZ. (EXTRA.), APR. 19, 2018 (CHTR 29, 1940 SAKA)

87

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 19th April, 2018

No. Leg. 20/2018.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 3rd April, 2018 and is hereby published for general

information:-

HARYANA ACT NO. 17 OF 2018

THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2018

AN

ACT

further to amend the Haryana Municipal Act, 1973.

Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the

Republic of India as follows:-

1.

This Act may be called the Haryana Municipal (Amendment) Act, 2018.

Short title.

2.

After section 7 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act),

the following section shall be inserted, namely:-

―7A. Time limit for delimitation and reservation of wards.- The work relating to

the delimitation and reservation of wards of the municipal committee shall be completed

six months before the completion of the tenure of municipal committee, failing which the

State Election Commission shall go ahead with the process of preparation of electoral rolls

and conduct of elections on the basis of existing delimitation and reservation of wards. ‖.

Insertion of

section 7A in

Haryana Act 24

of 1973.

3.

In sub-section (1) of section 13A of the principal Act,-

(i)

in clause (i), for the sign ―.‖ existing at the end, the sign and word ―; or‖ shall be

substituted; and

(ii)

after clause (i), the following clause shall be added at the end, namely:-

―(j)

if he makes expenditure beyond the prescribed limit on his election or fails

to submit his election expenditure statement.‖.

Amendment of

section 13A of

Haryana Act 24

of 1973.

4.

In section 13H of the principal Act, the following words, figure and signs shall be added

at the end, namely:-

―The Deputy Commissioner or such officer shall, send a list of those candidates

who contested but fail to lodge the account of election expenditure or made expenditure

beyond the limit prescribed by the State Election Commission immediately after the

completion of a period of thirty days from the declaration of election result. The State

Election Commission shall accordingly pass an order of their disqualification under

section 13F.‖.

Amendment of

section 13H of

Haryana Act 24 of

1973.

5.

After section 13H of the principal Act, the following sections shall be inserted, namely:-

―13I. Removal of an elected member having any disqualification at time of

election.- The State Election Commission may, after such enquiry, as it may deem fit and

after giving an opportunity of being heard, by order, remove a member, if he was having

any disqualification mentioned in section 13A or rules framed under this Act at the time of

his election. The office of the member so disqualified shall become vacant immediately.

Insertion of

sections 13I, 13J

and 13K in

Haryana Act 24

of 1973.

88

HARYANA GOVT. GAZ. (EXTRA.), APR. 19, 2018 (CHTR 29, 1940 SAKA)

13J. Removal of an elected member who fails to lodge election expenditure

statement.– If an elected member fails to follow the provisions of sections 13F or 13H, he

shall be removed by the State Election Commission after giving him an opportunity of

being heard. The office of the member so disqualified shall become vacant immediately.

13K. Review.– A member so disqualified under section 13I or 13J may file an

application for review of order before the State Election Commission within a period of

forty-five days from the receipt of the order. The order passed by the State Election

Commission under this section shall be final and no civil court shall have jurisdiction to

entertain a petition against such order.‖.

Amendment of

section 14 of

Haryana Act 24

of 1973.

6.

In clause (f) of sub-section (1) of section 14 of the principal Act, the signs and words ―, or

if it appears that he was, at the time of his election or nomination subject to any such

disqualification‖ shall be omitted.

KULDIP JAIN,

Secretary to Government Haryana,

Law and Legislative Department.

56208—L.R.—H.G.P., Chd.