HARYANA GOVT. GAZ. (EXTRA.), MAR. 22, 2021 (CHTR. 1, 1942 SAKA)

PART – I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 22nd March, 2021

No. Leg. 4/2021.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 20th March, 2021 and is hereby published for

general information:–

HARYANA ACT NO. 4 OF 2021

THE HARYANA MUNICIPAL CORPORATION(AMENDMENT) ACT, 2021

ACT

further to amend the Haryana Municipal Corporation Act, 1994.

Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the

Republic of India as follows:–

This Act may be called the Haryana Municipal Corporation (Amendment) Act, 2021.

Short title.

For sub-section (1) of section 67 of the Haryana Municipal Corporation Act, 1994

(hereinafter called the principal Act), the following section shall be substituted and shall be

deemed to have been substituted with effect from the 31st May, 1994, namely:-

“(1)

The Government may, by notification constitute, in the prescribed manner, all or

any of the categories of Corporation services and notwithstanding anything to the contrary

contained in any other provision of this Act, once a category of Corporation services has been

constituted, all employees of category, who are in service on the date of such constitution or who

shall come into the service on any subsequent date, shall constitute one-single joint cadre of that

category of Corporation services:

Provided that the Government shall appoint a Corporation Secretary for performing

the duties assigned to him under this Act for every Corporation.”.

Amendment of

section 67 of

Haryana Act 16

of 1994

In section 87 of the principal Act,–

(i)

for clause (a) of sub-section (1), the following clause shall be substituted, namely:-

“(a)

a property tax payable by the owner or occupier of a building or land in the

municipal area, calculated depending upon the area in which the building or

land is situated, its location, purpose for which it is used, its capacity for

profitable use, quality of construction and other relevant factors, method of

calculation and the rates for application be such, as the Government shall,

by notification in the Official Gazette specify. The rates of tax may be

different for different types of properties like residential, non-residential or

commercial, industrial, institutional etc. and may be at flat rate or at a

graded scale; and in all cases, those shall be the floor rates and the

Corporation may increase the rates prospectively at any time by following

the due procedure as specified by the Government:

Provided that no property tax shall be payable on any land being

exclusively used for agricultural purposes.

Explanation.— For the purposes of this clause,–

(1)

the words “land being exclusively used for

agricultural purposes” shall include the land on

which any structure has been raised for the

purposes of keeping electricity meter and other

electric fixture for tubewell connection.

(2)

the words “floor rate” means the minimum rate, as

specified in the notification to be issued under the

said clause;

Amendment of

section 87 of

Haryana Act 16 of

1994.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 22, 2021 (CHTR. 1, 1942 SAKA)

(ii)

for sub-section (3), the following sub-section shall be substituted, namely:-

“(3)

Save as provided in clause (a) of sub-section (1), the taxes as

specified in sub-section (1) and sub-section (2) shall be levied at such rates, as

may from time to time be specified by the Government, by notification and shall

be assessed and collected in accordance with the provisions of this Act and the

bye-laws made thereunder.”.

Insertion of sections

87D and 87E in

Haryana Act 16 of

1994.

After section 87C of the principal Act, the following sections shall be inserted, namely:-

“87D. Levy of penalty on unlawful building.– (1) Whoever unlawfully

constructs or reconstructs any building or part of a building,-

(a)

on his land without obtaining permission under this Act or any other law

for the time being in force or any rules or bye laws made thereunder or in

contravention of any condition attached to such permission; or

(b)

on a site belonging to him which is formed without approval under the

relevant applicable law, including rules framed/instructions issued

thereunder; or

(c)

on any land belonging to, or leased by the Corporation, the Central

Government or Government, or any statutory Board/Corporation or

organization or company set up by any such Government, in breach of any

provisions of this Act or of any other law for the time being in force and

the rules and bye-laws made there-under,

shall be liable to pay every year a penalty, which shall be equal to twice the amount of

property tax leviable on such building, so long as it remains unlawful construction

without prejudice to any proceedings which may be instituted against him in respect of

such unlawful construction and the penalty paid under sub-section (1), shall be

determined as collected under the provisions of this Act, as if the amount thereof were a

property tax due against any such person:

Provided that none of such levy and collection of tax and penalty shall be

construed as having regularised such unlawful construction or reconstruction for any

period whatsoever of its such unlawful existence.

87E. Levy of penalty on unlawful use of a building or land.– (1) Whoever puts

a building or land or a part thereof to any use either in contravention of any law for the

time being in force regulating or controlling the use of such building or land or part

thereof or in violation of an order or direction, if any, issued under such law, shall be

liable to pay a penalty, which shall be equal to two times the amount of property tax

that is leviable on such building or land or part thereof, as the case may be, under

sub-section (1) of section 87 of this Act for the whole period of such unlawful use on

annual basis, calculated construing part of a year as full year and the penalty paid under

this sub-section shall be determined as collected under the provisions of this Act, as if

the amount thereof were a property tax due against any such person.

(2)

The penalty imposed or paid under sub-section (1) shall be without

prejudice to any proceedings which may be instituted against the user in respect of such

unlawful use and shall not clothe him with any right to raise the plea of regularisation of

such unlawful use; and shall not be offset against any composition that may be lawfully

accepted from him.”.

Amendment of

section 89 of

Haryana Act 16 of

1994.

In clause (a) of section 89 of the principal Act, for the words “annual value” the word

“value” shall be substituted.

Insertion of sections

96A and 96B in

Haryana Act 16 of

1994.

After section 96 of the principal Act, the following sections shall be inserted, namely: –

“96A. Issue of no dues certificate for registration of certain documents.– A

document in respect of sale, transfer, lease, gift or alienation, in any manner, of any lands

or buildings, situated in a municipal area, which is required to be registered under

section 17 of the Registration Act, 1908 (Central Act 16 of 1908), shall not be registered

HARYANA GOVT. GAZ. (EXTRA.), MAR. 22, 2021 (CHTR. 1, 1942 SAKA)

unless the said document is accompanied with a no dues certificate issued by the

Commissioner which shall remain valid for a period of three months or for such other

time period, as may be specified by the Government, from time to time, certifying that

all municipal dues including rents, taxes, cesses, charges, fees, fines and penalties in

respect of such lands and/or buildings as mentioned in the document, payable or

recoverable under this Act or the rules, bye-laws or regulations made thereunder, have

been fully paid:

Provided that the Government may by order, exempt, wholly or partly, such lands

and buildings, which have fallen for the first time or have fallen afresh in the municipal

area as a result of a notification issued under section 3 of the Act, from the requirements

of this section, for such duration, as the Government may deem fit.

96B. Issue of no objection certificate for sanction/release of electricity,

water and sewerage connection.– Any person before making application to concerned

authority for sanction/release of electricity, water and sewerage connection to any

premises, shall obtain a no dues certificate from concerned municipal corporation and no

authority shall sanction/release such connection unless no dues certificate is

accompanied with the application.

Explanation.— For the purposes of this section, the term ‘sanction/release’ shall

include restoration of disconnection or increase in capacity/load, etc.”.

For section 122 of the principal Act, the following section shall be substituted, namely:-

“122. Control and regulation of advertisement in public spaces. – (1) The

Commissioner, or such other authority as specified by the Government, shall control and

regulate all advertisements displayed in public spaces and means of transport in the

municipal area. They shall for this purpose, identify the suitable spots and sites for

displaying advertisement in the municipal area and may, as part of this exercise, invite,

by wide publicity, applications from the interested persons for letting out public visual

landscape of their premises or vehicles for display of advertisements. The Commissioner

or an authority as specified by the Government shall decide all such applications made to

him by finalising the identification of spots, sites and vehicles after taking into

consideration such relevant factors, which are either specified by the Government or

directed in terms of any order of the court of law exercising such jurisdiction or specified

under any policy of the Government.

(2)

Any person, desirous of putting up an advertisement at a spot, site or

vehicle, identified under sub-section (1), shall make an application in such manner, as

may be specified by the Government, to the Commissioner or to the authority for

permission, who shall dispose of the same by taking into consideration all the relevant

factors, within a reasonable time and may, while doing so, impose such other restrictions

and conditions as befits the facts and circumstances of each case. No application shall, in

any circumstances, be entertained for putting up an advertisement at a spot, site or

vehicle different from those which have been identified under sub-section (1).

(3)

The Commissioner or the authority, as specified by the Government, shall,

before giving such a permission for putting up an advertisement under sub-section (2),

shall enter into a rent sharing arrangement with the owner/occupier of the identified

premises or owner/user of the identified vehicle (other than the building, land or vehicle

belonging to the Municipal Corporation) where the advertisement is to be put up; and

shall, at the time of giving permission, charge a permission fee from the applicant

advertiser at the rates as determined by an authority appointed by the Government for

this purpose and different authorities may be appointed for different Corporations or

regions of the State.

(4)

The Government may lay down guidelines/policy for the identification of

sites, spots and vehicles, the processing of applications made for giving permission for

putting up the advertisements, the rent sharing arrangements and other relevant matters,

as it deems fit.

(5)

No advertisement shall be erected, exhibited, fixed or retained upon or

over any land, building, wall, hoarding, frame, post or structure or upon any vehicle or

shall be displayed in any manner whatsoever in any place within the municipal area

without the written permission of the Commissioner or the authority as specified by the

Government, as the case may be.

Substitution of

section 122 of

Haryana Act 16 of

1994.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 22, 2021 (CHTR. 1, 1942 SAKA)

Explanation.— For the purposes of this section, “a public space” means a place that is

generally open and accessible to people and includes-

(i)

roads, flyovers, pavement, sidewalks, streets, public squares,

parks, gardens, water bodies, lakes, river fronts, green belts

along the roads;

(ii)

government buildings which are open to the public, such as

public libraries, museums, monuments, zoos, aquariums, open

air theatres, sports grounds, stadiums;

(iii)

railway stations, metro railway stations, bus stands, taxi stands,

rickshaw stands, bus queue shelters, street furniture, parking

places;

(iv)

all other lands, buildings and structures, whether in government

hands or private, that are visible from sidewalks, public

thoroughfares and other public places in so far as they affect the

public visual landscape.”.

Amendment of

section 132 of

Haryana Act 16

of 1994.

In section 132 of the principal Act, for the words “annual value”, the word “value” shall

be substituted.

Amendment of

section 164 of

Haryana Act 16

of 1994.

(1)

In section 164 of the principal Act,-

(i)

for the existing clause (a), the following clause shall be substituted ,

namely: –

“(a)

the Commissioner may,-

(i)

dispose of by sale or otherwise, any movable property

belonging to the Corporation, the depreciated value of which

does not exceed five lakh rupees;

(ii)

grant a lease not exceeding a period of ten years of any

immovable property belonging to the Corporation; or

(iii)

sell or grant a lease in perpetuity of any immovable property

belonging to the Corporation, the prevailing collector rate

value of which does not exceed five lakh rupees, or the

annual market rent of which does not exceed fifty thousand

rupees;”;

(ii)

for clause (c), the following clause shall be substituted, namely:-

“(c)

subject to other provisions of this Act, the consideration for which

any immovable property may be sold, leased or otherwise

transferred under the aforesaid clauses 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 or house to

individual, who is in possession of such property for the last twenty

years or more, by way of rent or lease or otherwise, the property

may be transferred at collector rate or any other concessional rate,

as may be determined by the Government by way of sale, subject to

prior approval of such authority, as may be specified:

Provided further that ownership rights in respect of shops or

houses which are on lease or rent or license fee or tehbazari or

otherwise for the last twenty years or more, may be transferred by

way of sale, on such terms and conditions, including the rate at

which such ownership rights shall be transferred, as specified in the

policy framed in this behalf by the Government, from time to

time.”;

HARYANA GOVT. GAZ. (EXTRA.), MAR. 22, 2021 (CHTR. 1, 1942 SAKA)

(iii)

after clause (ca), the following clause shall be inserted, namely:-

“(cb) Notwithstanding anything to the contrary contained in this Act, the

Commissioner shall sell, lease or let out on hire or otherwise

transfer any moveable or immovable property belonging to the

Corporation under the following circumstances, namely:-

(i)

on the directions of the Government to sell, lease or

otherwise transfer any moveable or immovable property of

the Corporation for such consideration, as specified by the

Government;

(ii)

when any policy framed by the Government requires, as a

part thereof, to sell, lease or otherwise transfer any moveable

or immovable property of the Corporation for consideration

as specified in the said policy:

Provided that the prior sanction of Government shall

be required before the Commissioner acts under clause (ii).”.

10.

In section 350-D of the principal Act,-

(i)

for the sign “.” existing at the end, the sign “:” shall be substituted;

(ii)

the following proviso shall be added and shall be deemed to have been added

with effect from the 1^st April, 2014, namely:-

“Provided that all powers and functions of the Director, Town and Country

Planning, Haryana being performed under the Punjab Scheduled Roads and

Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab

Act 41 of 1963), and the rules made thereunder as applicable to the areas within

municipal limits, shall be exercised and performed by the Director. The powers of

the Commissioner and Secretary to Government, Haryana Town and Country

Planning Department under the above referred Act shall be exercised by the

Administrative Secretary to the Government, Haryana, Urban Local Bodies

Department under this Act, within the municipal limits:

Provided further that where provisions of this Act are silent regarding the

provision of the controlled area, then the provisions of the Punjab Scheduled

Roads and Controlled Areas Restriction of Unregulated Development Act, 1963

(Punjab Act 41 of 1963) shall be deemed to be applicable mutatis mutandis within

the municipal limit.”.

Amendment of

section 350-D of

Haryana Act 16 of

1994.

11.

In clause (b) of section 385 of the principal Act, for the words “annual value”, the word

“value” shall be substituted.

Amendment of

section 385 of

Haryana Act 16 of

1994.

12.

In section 419 of 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 and shall be

deemed to have been added with effect from the 31^st May, 1994, namely:-

“Provided further that on determination of their designation by the

Commissioner under this section, the officers and employees shall constitute part

of such categories of Corporation service as their designation, nature of work and

duties befit and their services shall be governed by the provisions regulating the

category of the respective service as per the notifications issued under sub-section

(1) of section 67 of this Act constituting all or any of the categories of the

Corporation services with effect from the date of such notifications and in case

any doubt arising or claims made regarding designation, nature of work and

duties that befit the services of any individual or class or categories of

officer/employee, the matter shall be referred to the Government, whose decision

in this regard shall be final and binding.”.

Amendment of

section 419 of

Haryana Act 16 of

1994.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 22, 2021 (CHTR. 1, 1942 SAKA)

Amendment of

section 422 of

Haryana Act 16 of

1994.

13.

In sub-section (1) of section 422 of the principal Act, the following sub-section shall be

substituted and shall be deemed to have been substituted with effect from the 31^st May, 1994,

namely:–

“(1)

Subject to the provisions of section 67, when any municipality including

area comprising rural area or a part thereof, if any, is declared and constituted a

Corporation under sections 3 and 4 of this Act, the entire officers and employees serving

in a municipality including area comprising rural area or a part thereof, if any, on a post

in relation to which the Corporation is constituted, shall, on the declaration and

constitution of the Corporation, be deemed to be transferred to the Corporation on the

existing terms of service and integrated into the Corporation Service.”.

BIMLESH TANWAR,

Administrative Secretary to Government,

Haryana, Law and Legislative Department.

9123—L.R.—H.G.P. Pkl.