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

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:-

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

Short title.

After section 6A of the Haryana Municipal Corporation Act, 1994 (hereinafter called the

principal Act), the following section shall be inserted, namely:-

―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.‖.

Insertion of

section 6B in

Haryana Act 16

of 1994.

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;

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.‖.

Amendment of

section 8 of

Haryana Act 16

of 1994.

In section 8G 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 8E.‖.

Amendment of

section 8G of

Haryana Act 16

of 1994.

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.

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

Insertion of

sections 34-B,

34-C and 34-D in

Haryana Act 16

of 1994.

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

―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.‖.

Amendment of

section 164 of

Haryana Act 16

of 1994.

For existing clause (c) of section 164 of the principal Act, the following clause shall be

substituted, namely:-

―(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.