(lxxv)
Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 150-2022/Ext.]
CHANDIGARH, MONDAY, AUGUST 22, 2022
(SRAVANA 31, 1944 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS
PAGES
PART-I
ACTS
1. THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2022
223—225
(HARYANA ACT NO. 24 OF 2022).
2. THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2022
227—228
(HARYANA ACT NO. 25 OF 2022).
PART-II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
1. vf/klwpuk la[;k lkådkåfuå 137@lafoå@vuqå 318@2022] fnukad 22 vxLr] 2022&
663—664
gfj;k.kk yksd lsok vk;ksx ¼jkT; lsok xzqi x½ la’kks/ku fofu;e] 2022A
2. vf/klwpuk la[;k lkådkåfuå 138@lafoå@vuqå 309@2022] fnukad 22 vxLr] 2022&
665—666
gfj;k.kk yksd lsok vk;ksx ¼xzqi ?k½ lsok ¼la’kks/ku½ fu;e] 2022A
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
HARYANA GOVT. GAZ. (EXTRA.), AUG. 22, 2022 (SRVN. 31, 1944 SAKA)
223
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 22nd August, 2022
No. Leg.24/2022.— The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 18th August, 2022 and is hereby published for
general information:-
HARYANA ACT NO. 24 OF 2022
THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2022
AN
ACT
further to amend the Haryana Municipal Act, 1973.
Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the
Republic of India as follows:—
1.
This Act may be called the Haryana Municipal (Amendment) Act, 2022.
Short title.
2.
In section 2 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act),-
(i)
after clause (5A), the following clause shall be inserted, namely:-
‘(5AA) “Chief Executive Officer” means an officer not below the rank of Extra
Assistant Commissioner appointed by the State Government as Chief
Executive Officer of the Municipal Council situated at district
headquarter;’;
(ii)
after clause (9A), the following clause shall be inserted, namely:-
‘(9AA) “District Municipal Commissioner” means an officer not below the rank of
Extra Assistant Commissioner appointed by the State Government as
District Municipal Commissioner for monitoring and supervising the
functions of the committees falling in his jurisdiction;’;
(iii)
after clause (9B), the following clause shall be inserted, namely:-
‘(9BB) “Divisional Commissioner” means the Commissioner of the Division in
which the municipality is situated and includes any other officer appointed
by the State Government to perform all or any of the functions of the
Divisional Commissioner under this Act;’.
Amendment of
section 2 of
Haryana Act 24
of 1973.
3.
In section 69 of the principal Act,-
(i)
in clause (c) of sub-section (1), for the words and signs “as the State Government
may, by notification, direct”, the words and signs “as the State Government may,
by notification, in respect of each committee, direct” shall be substituted and shall
be deemed to have been substituted with effect from the 1st April, 2021;
(ii)
for the words “The amount of the duty so collected shall be paid to the committee
concerned” existing at the end of sub-section (1), the words and sign “The amount
of the duty so collected shall be paid to the committee or on behalf of the
committee to the Haryana Urban Infrastructure Development Board for the
development of infrastructure in any area of the committee of the State, as the State
Government may determine, by notification” shall be substituted and shall be
deemed to have been substituted with effect from the 1st April, 2021.
Amendment of
section 69 of
Haryana Act 24
of 1973.
HARYANA GOVT. GAZ. (EXTRA.), AUG. 22, 2022 (SRVN. 31, 1944 SAKA)
224
Substitution of
section 128 of
Haryana Act 24
of 1973.
4.
For section 128 of the principal Act, the following section shall be substituted, namely:-
“128. Place/premises not to be used for certain purposes without licence.—
(1) No person shall use or permit to be used any place/premises for the purpose specified by
the State Government as dangerous to life, health or property or likely to create nuisance,
without or otherwise than in conformity with the terms of a licence granted by the
committee in this behalf.
(2)
The committee may impose such other conditions while granting licence, as it
may deem necessary.
(3)
Whoever without a licence uses any place/premises or contravenes any of the
conditions of licence shall be punishable with imprisonment for a term upto six months or
with a fine which shall not be less than one thousand rupees but not more than five thousand
rupees and with a further fine of one hundred rupees for every day during which the offence
is continued.”.
Insertion of
section 128A in
Haryana Act 24
of 1973.
5.
After section 128 of the principal Act, the following section shall be inserted, namely:-
“128A. Prohibition of keeping animals or birds in municipal area.—
Notwithstanding anything to the contrary contained in this Act, no quadruped animals or
birds shall be permitted to be kept and reared within the limits of committee:
Provided that cat or dog or bird may be kept as domestic pets in terms of the licence
granted by the committee:
Provided further that cows or she-buffalos or any other milch animals or their young
ones shall be allowed to be kept for domestic use in the villages falling in the outer
periphery included in the limits of municipality:
Provided further that villages falling in the outer periphery included in the limits of
committee and the period for keeping milch animals on the basis of change in demographic
profile of such areas shall be decided by the concerned committee by way of resolution. The
committee shall also provide reasonable time for rehabilitation of animals from prohibited
area to permitted area by its resolution:
Provided further that the provisions of this section shall not be applicable in zones
where such kind of activities are permitted as per the plan notified under the provisions of
the Haryana New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953), the
Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development
Act, 1963 (Punjab Act 41 of 1963) and the Haryana Municipal Act, 1973 (24 of 1973):
Provided further that the provisions of this section shall not be applicable to cattle
pounds and gaushalas owned/managed by the committee or any other department of the
State Government including registered gaushalas.
Explanation.— For the purposes of this section,-
(i)
“quadruped animals or birds” means animals or birds which are prohibited under
any law for keeping and rearing;
(ii)
“villages falling in the outer periphery” means and includes such villages or areas,
as specified by the committee as per demographic profile;
(iii) “milch animals” means cow, she-buffalo, she-goat, she-camel etc. which are not
prohibited under any law for keeping and rearing.”.
Omission of
section 129 of
Haryana Act 24
of 1973.
6.
Section 129 of the principal Act shall be omitted.
Omission of
section 130 of
Haryana Act 24
of 1973.
7.
Section 130 of the principal Act shall be omitted.
Insertion of
section 131A in
Haryana Act 24
of 1973.
8. After section 131 of the principal Act, the following section shall be inserted, namely:-
“131A. Fee and time period for license.— Notwithstanding any provision of this
Act or bye-laws made thereunder with regard to levy of fee by the committee, for every
licence, a fee may be charged at such rate and for such period, as may be specified by the
State Government, from time to time.”.
HARYANA GOVT. GAZ. (EXTRA.), AUG. 22, 2022 (SRVN. 31, 1944 SAKA)
225
9.
In section 205 of the principal Act, for the word “Commissioner” wherever occurring, the
words “Divisional Commissioner” shall be substituted.
Amendment of
section 205 of
Haryana Act 24
of 1973.
10.
For section 249 of the principal Act, the following section shall be substituted, namely:—
“249. Action of Deputy Commissioner to be immediately reported.— When the
Deputy Commissioner makes any order under section 246 or section 247 or section 248,
he shall forthwith forward to the Divisional Commissioner a copy thereof, with a
statement of reasons for making it with such explanation, if any, as the committee of such
municipality may offer and the Divisional Commissioner may thereupon confirm, modify
or rescind the order:
Provided that Divisional Commissioner may directly confirm, modify or rescind
any resolution or order of Municipal Council of district headquarter after obtaining report
from any officer authorized by him, if required:
Provided further that if an officer subordinate to the Deputy Commissioner under
the delegated powers makes an order under section 246 or section 247 or section 248 in
the case of a Municipal Committee, the power of confirmation, modification or rescission
of such order shall vest in the Deputy Commissioner, who shall, before exercising such
power, consider the explanation of the committee of such municipality which it may offer
and the Deputy Commissioner may thereupon confirm, modify or rescind the order.”.
Substitution of
section 249 of
Haryana Act 24
of 1973.
BIMLESH TANWAR,
ADMINISTRATIVE SECRETARY TO GOVERNMENT,
HARYANA, LAW AND LEGISLATIVE DEPARTMENT.
9837—L.R.—H.G.P., Pkl.