HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA)

227

PART–I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 11th December, 2020

No. Leg. 43/2020.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for

general information:–

HARYANA ACT NO. 33 OF 2020

THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2020

AN

ACT

further to amend the Haryana Municipal Act, 1973.

Be it enacted by the Legislature of the State of Haryana in the Seventy–first Year of the

Republic of India as follows:–

1.

This Act may be called the Haryana Municipal (Second Amendment) Act, 2020.

Short title.

2.

In sub-section (1) of section 15 of the Haryana Municipal Act, 1973 (hereinafter called the

principal Act),–

(i)

in the existing proviso, for the sign “.” existing at the end, the sign “:” shall be

substituted;

(ii)

after the existing proviso, the following proviso shall be added, namely:–

“Provided further that the provisions of this section shall not apply in the

case of vacancy occurred in the office of the President by no-confidence motion.”.

Amendment of

section 15 of

Haryana Act 24

of 1973.

3.

After the heading “President and Vice-President” occurring below Section 17 of the

principal Act, the following sections shall be inserted, namely:–

“17A. Motion of no-confidence against President elected directly.– (1) A motion of

no–confidence against the President who has been elected directly in terms of sub-section

(2) of section 9 shall be in writing and signed by not less than one-half of the total number

of elected members along with a copy of the motion, which shall be delivered by any two

of the members signing the notice to the concerned Deputy Commissioner:

Provided that for the purposes of calculating the number of the elected members,

the President shall be considered as an elected member.

Insertion of

sections 17A and

17B in Haryana

Act 24 of 1973.

(2)

The Deputy Commissioner or such other officer not below the rank of Extra

Assistant Commissioner, as authorised by the Deputy Commissioner, shall then convene a

meeting of the elected members for the consideration of the motion to be held on the date

and time appointed by him, by giving a clear notice in writing of not less than fourteen

days:

Provided that members nominated under sub-section (3) of section 9 shall

not be entitled to be present or vote in the meeting.

(3)

As soon as the meeting convened under sub-section (2) has commenced,

the Deputy Commissioner or such other officer, not below the rank of Extra

Assistant Commissioner, as authorised by the Deputy Commissioner, shall read to the

elected members, the motion for the consideration and declare it to be open for discussion

and he shall not speak on the merits of the motion or vote thereon.

(4)

The motion shall be carried only when it has been passed by a majority of

three-fourth of the total number of elected members and if such a motion is passed, the

President shall be deemed to have vacated his office.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA)

(5)

A copy of the minutes of the meeting along with a copy of the motion and

the result of the voting thereon shall be forwarded forthwith by the Deputy Commissioner

to the State Government. The State Government on receipt of the same, if no-confidence

motion is passed, shall forward it to the State Election Commission for de-notification and

to conduct fresh elections for the post of the President.

(6)

In case motion is not passed, as referred to in sub-section (4) or if the

meeting could not be held for want of quorum, no notice of any subsequent motion of

no-confidence against the same President shall be entertained, unless a period of six

months from the date of such voting or the date of such meeting, as the case may be, has

expired.

(7)

If no-confidence motion is passed against the President, the Vice-President

shall exercise the powers and discharge the functions of the President till the President

enters his office.

17B. Discharge of functions of President and Vice-President in case of vacancy.–

(1) When the office of the President is vacant by reason of illness, death, resignation or

otherwise, the Vice-President shall act as the President until the President enters his office.

(2)

If due to any exigency, the President or Vice-President is unable to exercise

the powers and discharge the functions of the President, the Sub-Divisional Officer (Civil)

of the area in which the municipality is situated or any other officer, not below the rank of

an Extra Assistant Commissioner, authorised by the Deputy Commissioner shall exercise

the powers and discharge the functions of the President till the President or Vice-President

enters the office.”.

Amendment of

section 21 of

Haryana Act 24

of 1973.

4.

Sub-section (4) of section 21 of the principal Act shall be omitted.

BIMLESH TANWAR,

Administrative Secretary to Government,

Haryana, Law and Legislative Department.

8997—L.R.—H.G.P. Pkl.