The Haryana Management of Civic Amenities and Infrastructure Deficient Municipal Areas (Special Provisions) A…

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA) 197

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 10th September, 2021

No. Leg.24/2021.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 4th September, 2021 and is hereby published for general information:-

HARYANA ACT NO.24 OF 2021

THE HARYANA MANAGEMENT OF CIVIC AMENITIES AND INFRASTRUCTURE

DEFICIENT MUNICIPAL AREAS (SPECIAL PROVISIONS)

AMENDMENT ACT, 2021

ACT

further to amend the Haryana Management of Civic Amenities and Infrastructure

Deficient Municipal Areas (Special Provisions) Act, 2016.

BE it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the Republic of India as follows:-

Short title.

1. This Act may be called the Haryana Management of Civic Amenities and Infrastructure Deficient Municipal Areas (Special Provisions) Amendment Act, 2021.

Substitution of section 3 of Haryana Act 14 of 2016.

2. For section 3 of the Haryana Management of Civic Amenities and Infrastructure Deficient Municipal Areas (Special Provisions) Act, 2016 (hereinafter called the principal Act), the following section shall be substituted, namely:-

"3. Declared area.— The Government may, by notification in the Official Gazette, declare any area falling within any municipal area to be the civic amenities and infrastructure deficient area where a resolution to such effect has been passed by the concerned municipality and recommended to that effect by the concerned Divisional Commissioner in case of a Municipal Corporation or by the concerned District Municipal Commissioner in case of a municipality, as per the norms notified by the Government from time to time.".

3. For section 4 of the principal Act, the following section shall be substituted, namely:- Substitution of section 4 of Haryana Act 14 of 2016.

"4. Enforcement to be kept in abeyance.— (1) Notwithstanding anything contained in any other State law for the time being in force in the State of Haryana including any rules, regulations or bye-laws made thereunder, or any judgment, decree or order of any court or any authority to the contrary, the Government shall take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of civic amenities and infrastructure deficiencies in the declared area.

(2) All notices and restoration orders passed prior to the commencement of this Act or before the declaration is made under section 3 of the Act to this effect, as the case may be, by any competent authority in the declared area for initiating legal action against persons who have subdivided the land without authority or have erected or re-erected unauthorised building in contravention of the provisions of the Haryana Municipal Act, 1973 (24 of 1973), the Haryana Municipal Corporation Act, 1994 (16 of 1994), the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963), or any other law for the time being in force, shall be deemed to have been suspended in the declared area and no further punitive action shall be taken in such cases, except cases which have been forwarded to or pending before any court of law.". HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA) 198

4. After section 9 of the principal Act, the following section shall be inserted, namely:-

Insertion of section 9A in Haryana Act 14 of 2016.

"9A. Power to relax.— If the Government is of the opinion that the operation of any of the provisions of the Act or any part of notification(s) issued under the Act causes or has caused undue hardship or circumstances exist which render it expedient so to do, it may, subject to such terms and conditions as it may impose, by an order, give relaxation to any class of persons or area or land from all or any provisions of the Act.".

_________

BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT.

9318—L.R.—H.G.P., Pkl.

The Haryana Management of Civic Amenities and Infrastructure Deficient Municipal Areas (Special Provisions) Amendment Act, 2021 (Haryana Act No.24 of 2021).