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

AN

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:-

1.

This Act may be called the Haryana Management of Civic Amenities and Infrastructure

Deficient Municipal Areas (Special Provisions) Amendment Act, 2021.

Short title.

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.”.

Substitution of

section 3 of Haryana

Act 14 of 2016.

3.

For section 4 of the principal Act, the following section shall be substituted, namely:-

“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.”.

Substitution of

section 4 of Haryana

Act 14 of 2016.

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

198

Insertion of

section 9A in

Haryana Act 14 of

2016.

4.

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

“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.