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.