HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2023 (BHDR. 28, 1945 SAKA)
123
PART&I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 19th September, 2023
No. Leg. 27/2023.— 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. 25 OF 2023
THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2023
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-fourth Year of the
Republic of India as follows:-
1.
This Act may be called the Haryana Municipal Corporation (Amendment) Act, 2023.
Short title.
2.
In section 6 of the Haryana Municipal Corporation Act, 1994 (hereinafter called the
principal Act),-
(i)
for sub-section (1), the following sub-section shall be substituted and shall be
deemed to have been substituted with effect from the 16th May, 2023, namely:-
“(1) The total number of seats for each Corporation shall be fixed by the
Government on the basis of the population 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 Government:
Provided that where the population as drawn from Family Information Data
Repository is less than 140 per centum of the number of electors registered in such
areas as per the last published Electoral Roll, then the population equal to 140
per centum of the number of voters in the electoral roll of the area shall be considered.
Illustration.- (i) Where the population as per Family Information Data Repository is
150 and the number of voters in a ward as per the last
published electoral roll is 100, the population after 140
per centum comes to 140. In this case, the population as per Family
Information Data Repository shall be considered being higher.
(ii) Where the population as per Family Information Data Repository
is 125 and the number of voters in a ward as per the last
published electoral roll is 100, the population after 140
per centum comes to 140. In this case, the population as per last
published electoral roll shall be considered being higher.”;
(ii)
in sub-section (4), for the figure “10”, the figure “20” shall be substituted and shall
be deemed to have been substituted with effect from the 16th May, 2023;
(iii) in sub-section (5), for the words “Backward Classes”, the words, signs and alphabet
“Backward Classes ‘A’ ” shall be substituted shall be deemed to have been
substituted with effect from the 16th May, 2023;
(iv)
explanation existing at the end shall be omitted and shall be deemed to have been
omitted with effect from the 16th May, 2023.
Amendment of
section 6 of
Haryana Act 16 of
1994.
3.
In section 11 of the principal Act,-
(i)
in sub-section (3), for the figures, brackets, signs 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;
Amendment of
section 11 of
Haryana Act 16 of
1994.
HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2023 (BHDR. 28, 1945 SAKA)
124
(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
Corporation 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
Corporation as one-half of the proportion of Backward Classes ‘A’
population to the total population in that Corporation 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 Corporation 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 Corporation:
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 Corporation, 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 Corporation.
Explanation.-(1) For the purposes of reservation of Backward
Classes ‘A’ under this sub-section, the population of
the Municipal Corporation area and the population
of Backward Classes ‘A’ in that Municipal
Corporation 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 Government.
Explanation.-(2) For the purposes of the second proviso, fifty
per centum of the total seats in the Corporation shall
be taken as one-half of the total seats of the
Corporation 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, signs 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, figure and brackets “, (4)” shall be omitted and shall be
omitted to have been substituted with effect from the 16th May, 2023.
Amendment of
section 267 of
Haryana Act 16 of
1994.
4.
In section 267 of the principal Act,-
(i)
for the proviso to sub-section (1), the following proviso shall be substituted,
namely:-
HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2023 (BHDR. 28, 1945 SAKA)
125
“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 Corporation shall be required. In case an
application is received from an individual or a company for the town planning
scheme, the Commissioner shall forward the same alongwith all relevant
documents to the Government within a period of thirty days from the date of the
receipt of the application. However, a resolution from the Corporation shall be
required if the Corporation 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.”.
5.
(1)
The Haryana Municipal Corporation (Amendment) Ordinance, 2023 (Haryana
Ordinance No. 2 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.
Repeal and
savings.
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.