(lxvii)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 167-2023/Ext.]

CHANDIGARH, TUESDAY, SEPTEMBER 19, 2023

(BHADRA 28, 1945 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PAGES

PART-I

ACTS

THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2023

(HARYANA ACT NO. 24 OF 2023)

121–122

THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2023

(HARYANA ACT NO. 25 OF 2023)

123–125

PART-II

ORDINANCES

NIL

PART-III

DELEGATED LEGISLATION

NIL

PART-IV

CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2023 (BHDR. 28, 1945 SAKA)

121

PART&I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 19th September, 2023

No. Leg. 26/2023.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 13th September, 2023 and is hereby published for

general information:–

HARYANA ACT NO. 24 OF 2023

THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2023

ACT

further to amend the Haryana Municipal Act, 1973.

BE it enacted by the Legislature of the State of Haryana in the Seventy-fourth Year of the

Republic of India as follows:-

This Act may be called the Haryana Municipal (Amendment) Act, 2023.

Short title.

In section 10 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act),-

(i)

in sub-section (3), for the figures, brackets, sign and word “(1), (2) and (4)”, the

figures, brackets and word “(1) and (2)” shall be substituted and shall be deemed to

have been substituted with effect from the 16th May, 2023;

(ii)

for sub-section (4), the following sub-section shall be substituted and shall be

deemed to have been substituted with effect from the 16th May, 2023, namely:-

“(4)

(a)

The seats shall be reserved for the Backward Classes ‘A’ in every

municipality and the number of seats so reserved shall bear, as nearly

as may be, the same proportion to the total number of seats in that

municipality as one-half of the proportion of Backward Classes ‘A’

population to the total population in that municipality and rounded

off to the next higher integer in case the decimal value is 0.5 or more;

and such seats shall be allotted by draw of lots among three times of

the number of seats, proposed for reservation of Backward Classes

‘A’, after excluding those seats already reserved for Scheduled

Castes, drawn from those seats which are having the largest

percentage population of Backward Classes ‘A’ and also by rotation

in the subsequent elections:

Provided that the municipality shall have at least one member

belonging to the Backward Classes ‘A’ if their population is two per

centum or more of the total population of the municipality:

Provided further that where the number of seats so reserved

for Backward Classes ‘A’ under this sub-section added to the number

of seats reserved for the Scheduled Castes exceeds fifty per centum

of the total number of seats in that municipality, then the number of

seats reserved for the Backward Classes ‘A’ shall be restricted to

such largest number that shall lead to the total of the seats reserved

for the Backward Classes ‘A’ and Scheduled Castes not exceeding

fifty per centum of the total seats in that municipality.

Explanation.— (1) For the purposes of reservation of Backward

Classes ‘A’ under this sub-section, the population of

the municipal area and the population of Backward

Classes ‘A’ in that municipality shall be such as

drawn from the Family Information Data Repository

established under the provisions of the Haryana

Parivar Pehchan Act, 2021 (20 of 2021) on such

date, as may be notified by the State Government.

Amendment of

section 10 of

Haryana Act 24 of

1973.

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2023 (BHDR. 28, 1945 SAKA)

122

Explanation.— (2) For the purposes of the second proviso, fifty

per centum of the total seats in the municipality

shall be taken as one-half of the total seats of the

municipality rounded up to the next higher integer

where the decimal value is 0.5 or more or rounded

down to the next lower integer where the decimal

value is less than 0.5.

(b)

Not less than one-third of the total number of seats reserved under

this sub-section shall be reserved for women belonging to the

Backward Classes ‘A’ and such seats may be allotted by rotation and

by lots amongst the wards reserved under this sub-section.”;

(iii)

in sub-section (5), for the words “Backward Classes”, the words, sign and alphabet

“Backward Classes ‘A’ ” shall be substituted and shall be deemed to have been

substituted with effect from the 16th May, 2023;

(iv) in sub-section (7), the sign, brackets and figure “, (4)” shall be omitted and shall be

deemed to have been omitted with effect from the 16th May, 2023.

Amendment of

section 203 of

Haryana Act 24

of 1973.

In section 203 of the principal Act,-

(i)

for the proviso to sub-section (1), the following proviso shall be substituted,

namely:-

“Provided that where an individual or a company applies for preparation or

approval of town planning scheme over its land, then the un-built area shall not be

declared and no resolution from the committee shall be required. In case an

application is received from an individual or a company for the town planning

scheme, the Deputy Commissioner shall forward the same alongwith all relevant

documents to the State Government within a period of thirty days from the date of

the receipt of the application. However, a resolution from the committee shall be

required if the committee draws a town planning scheme for un-built area and

building scheme for built area on its land or jointly with an individual or a

company.”;

(ii)

in sub-section 2,-

(a)

for the sign “.” existing at the end, the sign “:” shall be substituted;

(b)

the following proviso shall be added, namely:-

“Provided that public notice shall not be required in case town

planning scheme is applied by an individual or a company on its land.”.

Repeal and

savings.

(1)

The Haryana Municipal (Amendment) Ordinance, 2023 (Haryana Ordinance No. 1 of

2023) is hereby repealed.

(2)

Notwithstanding such repeal, anything done or any action taken under the said

Ordinance shall be deemed to have been done or taken under this Act.

NARENDER SURA,

Acting L.R./Additional Legal Remembrancer and

Special Secretary to Government, Haryana,

Law and Legislative Department.

10600—L.R.—H.G.P., Pkl.