The Haryana Municipal Corporation (Amendment) Act, 2022 (Haryana Act No. 25 of 2022).

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 22nd August, 2022

No. Leg. 25/2022.— 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. 25 OF 2022

THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2022

AN

ACT

further to amend the Haryana Municipal Corporation Act, 1994.

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 Corporation (Amendment) Act, 2022. Short title.

2. In section 87 of the Haryana Municipal Corporation Act, 1994 (hereinafter called the principal Act),-

Amendment of section 87 of Haryana Act 16 of 1994.

(i) in clause (c) of sub-section (1), for the words and signs "as the Government may, by notification, direct", the words and signs "as the Government may, by notification, in respect of each Corporation, 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 Corporation" existing at the end of sub-section (1), the words and sign "The amount of the duty so collected shall be paid to the Corporation or on behalf of the Corporation to the Haryana Urban Infrastructure Development Board for the development of infrastructure in any area of the Corporation of the State, as the Government may determine, by notification" shall be substituted and shall be deemed to have been substituted with effect from the 1st April, 2021.

3. Section 330 of the principal Act shall be omitted.

Omission of section 330 of Haryana Act 16 of 1994.

4. For section 331 of the principal Act, the following section shall be substituted, namely:- Substitution of section 331 of Haryana Act 16 of 1994.

"331. 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 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 Commissioner in this behalf.

(2) The Commissioner may impose such other conditions while granting

licence, as it may deem necessary.".

5. After section 331 of the principal Act, the following section shall be inserted, namely:- Insertion of section 331A in Haryana Act 16 of 1994.

"331A. 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 Corporation:

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 Corporation:

Provided further that villages falling in the outer periphery included in the limits of Corporation and the period for keeping milch animals on the basis of change in demographic profile of such areas shall be decided by the concerned Corporation by way of resolution. The Corporation 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 Corporation Act, 1994 (16 of 1994):

Provided further that the provisions of this section shall not be applicable to cattle pounds and gaushalas owned/managed by the Corporation or any other department of the 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 Corporation 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.".

6. Section 335 of the principal Act shall be omitted.

Omission of section 335 of Haryana Act 16 of 1994.

7. Section 336 of the principal Act shall be omitted.

Omission of section 336 of Haryana Act 16 of 1994.

8. For sub-section (2) of section 352 of the principal Act, the following sub-section shall be substituted, namely:-

Amendment of section 352 of Haryana Act 16 of 1994.

"(2) Notwithstanding any fee imposed by the Corporation under this Act or bye- laws made thereunder, for every licence or written permission, the Corporation may charge such fee at such rate and for such period, as specified by the Government from time to time.".

9. The existing Second Schedule to the principal Act shall be omitted.

Omission of Second Schedule to Haryana Act 16 of 1994.

10. In the Third Schedule to the principal Act, the entries under columns 1, 2, 3 and 4 related to sections 330, 335 and 336 shall be omitted.

Amendment of Third Schedule to Haryana Act 16 of 1994.

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