HARYANA GOVT. GAZ. (EXTRA.), OCT. 4, 2018 (ASVN. 12, 1940 SAKA)

283

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 4th October, 2018

No. Leg.33/2018.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 27th September, 2018 and is hereby published for

general information:-

HARYANA ACT NO. 28 OF 2018

THE HARYANA MUNICIPAL CORPORATION (SECOND 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 (Second Amendment)

Act, 2018.

Short title.

In section 4 of the Haryana Municipal Corporation Act, 1994 (hereinafter called the

principal Act),-

(i)

for sub-section (2), the following sub-section shall be substituted, namely:-

“(2) Save as provided in sub-section (3), all seats in the Corporation

including a Mayor shall be filled by persons chosen by direct election from the

territorial constituencies in the Municipal area and for this purpose the Municipal

area shall by a notification issued in this behalf be divided into territorial

constituencies to be known as wards.”;

(ii)

in the second proviso to sub-section (3), the word and sign “Mayor,” occurring

twice shall be omitted; and

(iii)

in the proviso to sub-section (4), for the words “three years and three months”, the

words “four years” shall be substituted and shall be deemed to have been

substituted with effect from the 10th October, 2008.

Amendment of

section 4 of

Haryana Act 16

of 1994.

For section 7 of the principal Act, the following section shall be substituted, namely:-

“7. Qualifications for Mayor and members. - A person shall not be qualified to be

chosen as a Mayor or member unless,-

(a)

he has attained twenty-one years of age; and

(b)

his name is registered as an elector in the electoral roll of a ward in the

Municipal area.”.

Substitution of

section 7 of

Haryana Act 16

of 1994.

In section 8 of the principal Act,-

(i)

for the existing marginal heading, the following marginal heading shall be

substituted, namely:-

“Disqualifications of Mayor and members.”;

(ii)

in sub-section (1), for the words “for being a member”, the words “for being a

Mayor or member” shall be substituted;

(iii)

in sub-section (2),-

Amendment of

section 8 of

Haryana Act 16

of 1994.

HARYANA GOVT. GAZ. (EXTRA.), OCT. 4, 2018 (ASVN. 12, 1940 SAKA)

284

(a)

for the words “for being a member”, the words “for being a Mayor or

member” shall be substituted;

(b)

for the second proviso to clause (r), the following proviso shall be substituted,

namely:-

“Provided further that in case of a woman candidate belonging to

Scheduled Caste, the minimum qualification for members excluding Mayor

shall be 5th pass.”;

(iv)

for sub-section (4), the following sub-section shall be substituted, namely:-

“(4)

If a person sits or votes as a Mayor or member of the Corporation where he is

not qualified or that he is disqualified for the post of Mayor or membership,

he shall be liable in respect of each day on which he so sits or votes to penalty

of five hundred rupees to be recovered as an arrear of tax under this Act.”;

(v)

in sub-section (5), for the words “as to whether a member”, the words “as to whether

a Mayor or member” shall be substituted.

Substitution of

section 8A of

Haryana Act 16

of 1994.

For section 8A of the principal Act, the following section shall be substituted, namely:-

“8A. Restriction on simultaneous or double membership.- (1) No person shall be a

Mayor or member of the Corporation, member of Legislative Assembly of the State or

member of Parliament simultaneously.

(2) In case a Mayor or member of the Corporation is elected to the Legislative

Assembly or Parliament, he shall cease to continue as a Mayor or member of the

Corporation from the date he is declared as elected to the Legislative Assembly or

Parliament, as the case may be.”.

Amendment of

section 14 of

Haryana Act 16

of 1994.

In sub-section (1) of section 14 of the principal Act, for the words “the names of elected

members”, the words “the name of Mayor and members” shall be substituted.

Amendment of

section 15 of

Haryana Act 16

of 1994.

In sub-section (1) of section 15 of the principal Act, for the words “no election of a

member”, the words “no election of a Mayor or member” shall be substituted.

Amendment of

section 17 of

Haryana Act 16

of 1994.

In clause (a) of sub-section (1) of section 17 of the principal Act, for the words “to be

chosen as a member”, the words “to be chosen as a Mayor or member” shall be substituted.

Amendment of

section 21 of

Haryana Act 16

of 1994.

In sub-section (2) of section 21 of the principal Act, for the words “election of member”,

the words “election of a Mayor or member” shall be substituted.

Amendment of

section 32 of

Haryana Act 16

of 1994.

10.

In section 32 of the principal Act,-

(i)

for the existing marginal heading, the following marginal heading shall be

substituted, namely:-

“Power to make rules regulating the election of Mayor and members.”; and

(ii)

in sub-section (1), for the words “holding election of members”, the words “holding

election of Mayor and members” shall be substituted.

Substitution of

section 33 of

Haryana Act 16

of 1994.

11.

For section 33 of the principal Act, the following section shall be substituted, namely:-

“33.Oath of affirmation by Mayor or member.- (1) Every elected Mayor or member

shall, before taking his seat, make and subscribe at a meeting of the Corporation, an oath

or affirmation according to the following form, namely :-

‘I _____________________________ having been elected as a Mayor or member of

the Municipal Corporation of _________________________ do swear in the name of God

that I will bear true faith and allegiance to the Constitution of India as by law established

and that I will faithfully discharge the duty upon which I am about to enter.’.

(2) If a person sits or votes as a Mayor or member before he complied with the

requirements of sub-section (1), he shall be liable in respect of each day on which he so

sits or voted to a penalty of five hundred rupees to be recovered as an arrear of tax

under this Act, and his vote shall be considered invalid.”.

HARYANA GOVT. GAZ. (EXTRA.), OCT. 4, 2018 (ASVN. 12, 1940 SAKA)

285

12.

For section 34 of the principal Act, the following section shall be substituted, namely:-

“34. Removal of and resignation by Mayor or member.- (1) The Government may,

by notification remove Mayor or member, if in its opinion -

(a)

he becomes subject to any of the disqualifications mentioned in section 8; or

(b)

he has flagrantly abused his position as a Mayor or member or has through

negligence or misconduct been responsible for the loss or misapplication of any

money or property of the Corporation ; or

(c)

he has become physically or mentally incapacitated for performing his duties as

a Mayor or member ; or

(d)

he absents himself during three successive months from the meetings of the

Corporation ; or

(e)

he acts in contravention of the provisions of section 60; or

(f)

he has, since his election or nomination, become subject to any disqualification

which, if it had existed at the time of his election or nomination, would have

rendered him ineligible under any law for the time being in force regulating the

qualifications of candidate for election or nomination:

Provided that before making an order under this section, reasonable

opportunity of being heard and to show cause against such an order shall be given

to the Mayor or member, as the case may be.

(2)

If a Mayor or member resigns his seat by writing under his hand addressed

to the Commissioner, he shall cease to be a Mayor or member on the date of acceptance of

his resignation and his office shall thereupon fall vacant.

Substitution of

section 34 of

Haryana Act 16

of 1994.

13.

In section 34-A of the principal Act,-

(i)

for the existing marginal heading, the following marginal heading shall be

substituted, namely:-

“Suspension of Mayor or member.”;

(ii)

in sub-section (1), for the words “suspend any member”, the words “suspend a

Mayor or member” shall be substituted;

(iii)

in sub-section (2),-

(a)

for the words “Any member”, the words “A Mayor or any member” shall be

substituted; and

(b)

for the existing proviso, the following provisos shall be substituted, namely:-

“Provided that the suspension period of a Mayor or member shall not

exceed six months from the date of issuance of suspension order except in

criminal cases involving moral turpitude:

Provided further that if the Mayor is suspended or removed or

resigned from the post under the Act, the officiating charge of the seat of

Mayor shall be given to the elected member of the same category having

maximum number of members in his favour until the predecessor of Mayor

is elected or the existing Mayor is reinstated:

Provided further that if there is only one member from the category

for which seat of Mayor is reserved, no question of maximum number of

members in his favour shall arise:

Provided further that when the Mayor is absent from duty on account

of illness or other cause, the senior Deputy Mayor and in his absence the

Deputy Mayor shall act as Mayor.”.

Amendment of

section 34-A of

Haryana Act 16

of 1994.

14.

For section 34-B of the principal Act, the following section shall be substituted, namely:-

“34-B. Removal of Mayor or 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 Mayor or member, if he

was having any disqualification mentioned in section 8 at the time of his election. The

office of the Mayor or member so disqualified shall become vacant immediately.”.

Substitution of

section 34-B of

Haryana Act 16

of 1994.

HARYANA GOVT. GAZ. (EXTRA.), OCT. 4, 2018 (ASVN. 12, 1940 SAKA)

286

Subsitution of

section 34-C of

Haryana Act 16

of 1994.

15.

For section 34-C of the principal Act, the following section shall be substituted, namely:-

“34-C Removal of an elected Mayor or member who fails to lodge election

expenditure statement. – If an elected Mayor or 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 Mayor or member so disqualified shall

become vacant immediately.”.

Amendment of

section 34-D of

Haryana Act 16

of 1994.

16.

In section 34-D of the principal Act, for the words “A member”, the words “A Mayor or

member” shall be substituted.

Amendment of

section 36 of

Haryana Act 16

of 1994.

17.

In section 36 of the principal Act,-

(i)

for the existing marginal heading, the following marginal heading shall be

substituted, namely:-

“Election of Senior Deputy Mayor, Deputy Mayor and their term of office.”; and

(ii)

sub-sections (1), (3) and (4) shall be omitted.

Insertion of

section 36-A in

Haryana Act 16

of 1994.

18.

After section 36 of the principal Act, the following section shall be inserted, namely:-

“36-A. Facilities and powers of Mayor.- (1) The Mayor shall be entitled to payment

of such honorarium and may be given such facilities in respect of residential

accommodation, telephone, conveyance and the like, as may be prescribed.

(2) The Mayor shall have access to the record of the Corporation and may issue

directions to the Commissioner or call for reports from him with a view to ensure proper

implementation of the decision of the Corporation.”.

Amendment of

section 37 of

Haryana Act 16

of 1994.

19.

In section 37 of the principal Act, the words “Mayor” and “Mayor or”, wherever occurring

shall be omitted.

Amendment of

section 37A of

Haryana Act 16

of 1994.

20.

In section 37A of the principal Act,-

(i)

in the marginal heading, the word “Mayor” shall be omitted;

(ii)

in sub-section (1), the word “Mayor” shall be omitted;

(iii)

in sub-section (2),-

(a)

the word “Mayor” shall be omitted;

(b)

clause (i) shall be omitted;

(c)

in clause (iii), the word “Mayor” shall be omitted;

(iv)

in the proviso, the words “Mayor” shall be omitted.

Omission of

section 38 of

Haryana Act 16

of 1994.

21.

Section 38 of the principal Act shall be omitted.

Amendment of

section 39 of

Haryana Act 16

of 1994.

22.

In section 39 of the principal Act,-

(i)

in the marginal heading, the word “Mayor” shall be omitted; and

(ii)

sub-section (1) shall be omitted.

Amendment of

section 346 of

Haryana Act 16

of 1994.

23.

For sub-section (1) of section 346 of the principal Act, the following sub-section shall be

substituted, namely:-

“(1) Notwithstanding anything to the contrary contained in the Punjab Scheduled

Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab

Act 41 of 1963) and the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1

of 1953), the Director may, with the prior approval of the Government, by notification in

the Official Gazette, declare any area within the Municipal area to be controlled area. In

case any area within the Municipal area has already been declared as controlled area under

the above said Acts, then it shall deemed to be controlled area for the purpose of this Act,

and if any plan has already been notified for such controlled area under the aforesaid Acts

then it shall deemed to be the plan for the purposes of this Act:

Provided that the limits of local area exempted under section 15 of the Punjab New

Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953) from the purview of the said

Act, which were earlier notified as controlled area and development plan was prepared,

shall deemed to be controlled area and plan for the purposes of this Act.”.

HARYANA GOVT. GAZ. (EXTRA.), OCT. 4, 2018 (ASVN. 12, 1940 SAKA)

287

24.

For section 350D of the principal Act, the following section shall be substituted, namely:-

“350 D. Effect of other laws.- The acts already done under the provisions of the

Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development

Act, 1963 (Punjab Act 41 of 1963) and the Punjab New Capital (Periphery) Control Act, 1952

(Punjab Act 1 of 1953), within the Municipal area shall be deemed to have been validly done

under this Act.”.

Substitution of

sedction 350D of

Haryana Act 16

of 1994.

MEENAKSHI I. MEHTA,

Additional Legal Remembrancer & Special Secretary

to Government Haryana,

Law and Legislative Department.

8393—L.R.—H.G.P., Pkl.