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.