The Haryana Municipal Corporation (Amendment) Act, 2018 (Haryana Act No.18 of 2018).

HARYANA GOVT. GAZ. (EXTRA.), APR. 19, 2018 (CHTR 29, 1940 SAKA) 89

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 19th April, 2018

No. Leg. 21/2018.— 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. 18 OF 2018

THE HARYANA MUNICIPAL CORPORATION (AMENDMENT)

ACT, 2018

ACT

further to amend the Haryana Municipal Corporation Act, 1994.

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 Corporation (Amendment) Act, 2018. Short title.

2. After section 6A of the Haryana Municipal Corporation Act, 1994 (hereinafter called the principal Act), the following section shall be inserted, namely:-

Insertion of section 6B in Haryana Act 16 of 1994.

―6B. Time limit for delimitation and reservation of wards.- The work relating to the delimitation and reservation of wards of the Corporation shall be completed six months before the completion of the tenure of the Corporation, 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.‖.

3. In clause (s) of sub-section (2) of section 8 of the principal Act,-

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

Amendment of section 8 of Haryana Act 16 of 1994.

and

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

―(t) if he makes expenditure beyond the prescribed limit on his election or fails to submit his election expenditure statement.‖. 4. In section 8G of the principal Act, the following words, figure and signs shall be added at the end, namely:- Amendment of section 8G of Haryana Act 16 of 1994. ―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 8E.‖. 5. In clause (f) of sub-section (1) of section 34 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. Amendment of section 34 of Haryana Act 16 of 1994. 90 HARYANA GOVT. GAZ. (EXTRA.), APR. 19, 2018 (CHTR 29, 1940 SAKA)

6. After section 34-A of the principal Act, the following sections shall be inserted, namely:-

Insertion of sections 34-B, 34-C and 34-D in Haryana Act 16 of 1994.

―34-B. 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 or after giving an opportunity of being heard, by order, remove a member, if he was having any disqualification mentioned in section 8 at the time of his election. The office of the member so disqualified shall become vacant immediately.

34-C. Removal of an elected member who fails to lodge election expenditure statement.- If an elected member fails to follow the provisions of sections 8E or 8G, 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.

34-D. Review.– A member so disqualified under section 34-B or 34-C 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.‖.

7. For existing clause (c) of section 164 of the principal Act, the following clause shall be substituted, namely:-

Amendment of section 164 of Haryana Act 16 of 1994.

―(c) the consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition:

Provided that in case of transfer of immovable property to Government Department by way of sale or lease or otherwise, the property may be transferred at collector rate, subject to prior approval from the Government:

Provided further that in case of transfer of shop and house to individual, who is in possession of such property for the last twenty years, by way of rent or lease or otherwise, the property may be transferred at collector rate by way of sale, subject to prior approval of such authority, as may be prescribed.‖. KULDIP JAIN, Secretary to Government Haryana, Law and Legislative Department. 56208—L.R.—H.G.P., Chd.