(xix)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 48-2024/Ext.]

CHANDIGARH, WEDNESDAY, MARCH 20, 2024

(PHALGUNA 30, 1945 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PART-I

ACTS

PAGES

THE HARYANA ANTRARASHTRIYA GITA JYANTI MELA AUTHORITY ACT, 2024.

37—42

(HARYANA ACT NO. 7 OF 2024)

PART-II ORDINANCES

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PART-III DELEGATED LEGISLATION

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103—104

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105—106

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107—108

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PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

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HARYANA GOVT. GAZ. (EXTRA.), MAR. 20, 2024 (PHGN. 30, 1945 SAKA)

PART-I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 20th March, 2024

No. Leg. 7/2024.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 15th March, 2024 and is hereby published for

general information:-

HARYANA ACT NO. 7 OF 2024

THE HARYANA ANTRARASHTRIYA GITA JYANTI MELA AUTHORITY

ACT, 2024

ACT

to provide for the establishment and constitution of an authority for the purposes of

management, conduct and regulation of the mela anywhere in the world and for matters connected

therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-fifth Year of the

Republic of India as follows:-

(1)

This Act may be called the Haryana Antrarashtriya Gita Jyanti Mela Authority Act, 2024.

(2)

It extends to such mela area, as the State Government may, by notification in the

Official Gazette, declare.

(3)

It shall come into force on the date of its publication in the Official Gazette.

Short title, extent

and

commencement.

In this Act, unless the context otherwise requires,-

(a)

“Authority” means the Haryana Antrarashtriya Gita Jyanti Mela Authority

established under section 3;

(b)

“Chairperson” means the Chairperson of the Authority;

(c)

“Chief Executive Officer” means the Chief Executive Officer of the Authority

appointed under section 12;

(d)

“green zone” means an area free from polythene, garbage and any such activity

which may pollute environment and is contrary to Swachh Bharat Mission of the

Central Government;

(e)

“mela” means such mela which the State Government, by notification, in the

Official Gazette, declare to be a mela for the purposes of this Act;

(f)

“mela area” means any place used permanently or temporarily for holding or

organising a mela and includes all lands and buildings appurtenant thereto;

(g)

“mela period” means the period fixed by the Authority for holding the mela;

(h)

“member” means a member of the Authority and includes the Chairperson, Senior

Vice-Chairperson, Vice-Chairperson and Chief Executive Officer;

(i)

“organiser” means a person, trust, society or company authorized by the Authority

for organizing the mela;

(j)

“prescribed” means prescribed by rules made under this Act;

(k)

“regulations” means regulations made by the Authority under this Act;

(l)

“State Government” means the Government of the State of Haryana.

Definitions.

(1)

The State Government shall, by notification in the Official Gazette establish, for the

purpose of this Act, an Authority to be called the Haryana Antrarashtriya Gita Jyanti Mela

Authority.

(2)

The Authority shall be a body corporate having perpetual succession and a common

seal with power subject to the provisions of this Act to acquire, hold and dispose of property, both

movable and immovable and to enter into contracts and shall by the said name sue or be sued.

Establishment of

Authority.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 20, 2024 (PHGN. 30, 1945 SAKA)

Constitution of

Authority.

(1)

The Authority shall consist of the following members, namely :-

(a)

Chief Minister, Haryana, Chairperson;

(b)

Minister-in-Charge, Urban Local Bodies Department, Senior Vice-Chairperson

ex-officio;

(c)

one eminent and distinguished person, to be nominated by the State

Government, Vice-Chairperson;

(d)

Administrative Secretary, Finance Department, Member ex-officio;

(e) Administrative Secretary, Health Department, Member ex-officio;

(f)

Administrative Secretary, Public Works (Building and Roads) Department,

Member ex-officio;

(g)

Administrative Secretary, Urban Local Bodies Department, Member

ex-officio;

(h)

Administrative Secretary, Information, Public Relations, Languages and

Culture Department, Member ex-officio;

(i)

Director General of Police, Haryana or an officer nominated by him, who

shall not be below the rank of Additional Director General of Police (Law and

Order), Member ex-officio;

(j)

Deputy Commissioner, Kurukshetra, Member ex-officio;

(k)

Vice-Chancellor, Kurukshetra University, Kurukshetra, Member ex-officio;

(l)

five eminent and distinguished persons, to be nominated by the State

Government, Members;

(m)

Chief Executive Officer, Member-Secretary.

(2)

The allowances of nominated members shall be such, as may be specified by the

regulations.

(3)

A nominated member may resign from his office by giving notice in writing to the

Chairperson and his office shall become vacant from the date of acceptance of his resignation by

the Chairperson.

(4)

The Authority may associate with itself in such manner and for such purposes, as

may be determined by the regulations, any person whose assistance or advice, it may desire in

complying with any of the provisions of the Act and the person so associated shall have the right to

take part in the meeting of the Authority relevant to the purpose for which he has been associated

but shall not be entitled to vote.

Qualifications.

A person shall be qualified for being nominated as a member of the Authority, if he,-

(a)

is a citizen of India;

(b)

possesses good conduct and reputation and commands respect in the locality;

(c)

is well versed with Hindu culture and teachings of Srimad Bhagavata Gita;

(d)

is having minimum qualification of graduation from any recognized university or

institution;

(e)

is having experience in the field of art and culture;

(f)

is a scholar of Hindu religious practices.

Disqualifications.

A person shall be disqualified for being nominated as a member of the Authority, if he is,-

(a)

of unsound mind and stands so declared by a competent court;

(b)

a deaf, dumb or is suffering from contagious leprosy or any virulent contagious

disease;

(c)

an undischarged insolvent;

(d)

appearing as a legal practitioner against the Authority;

(e)

sentenced by criminal court for an offence involving moral turpitude;

(f)

an office holder or servant attached to the Authority;

(g)

guilty of misconduct in the administration of the Authority;

(h)

addicted to intoxicating liquors or drugs; or

(i)

in the opinion of the State Government, acted against the interest of the Authority.

Term of office.

(1)

The term of office of the nominated member shall be three years from the date on

which he assumes office.

(2)

No member shall be nominated for more than two terms.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 20, 2024 (PHGN. 30, 1945 SAKA)

Any casual vacancy arising in the office of a nominated member by reason of his death,

resignation, removal or disability or otherwise, before the expiry of his term of office shall be

filled up within a period not exceeding six months from the date when such vacancy occurs, in

such manner, as may be prescribed and such person shall hold office for the residual period of the

term of the member in whose vacancy he has been nominated.

Casual vacancy.

No act or proceedings of the Authority shall be invalid merely on the ground of the

existence of any vacancy, absence of member or defect in the constitution of the Authority.

Proceedings not

to be invalidated

by vacancy.

10.

(1)

The headquarter of the Authority shall be at such place, as may be specified by the

State Government.

(2)

The Authority shall hold at least one meeting in every three months.

(3)

The time and place of meeting shall be such, as may be fixed by the Chairperson.

(4)

A meeting of the Authority shall be presided over by the Chairperson or in his

absence, by the Senior Vice-Chairperson or any member, as may be authorized by the Chairperson

in this behalf.

(5)

At least one-half of the members shall form the quorum.

(6)

The Authority shall follow such rules of procedure for conduct of its meeting, as

may be specified by the regulations.

Office and

meetings of

Authority.

11.

(1)

The Authority shall exercise the following powers and perform the following

functions, namely: –

(a)

to popularize and disseminate the teachings of Srimad Bhagavad Gita;

(b)

to organize cultural, educational seminars, workshops, fairs, exhibitions and

conferences;

(c)

to organize mela;

(d)

to provide civic amenities in the mela area;

(e)

to provide for health facilities in the mela area;

(f)

to provide for supply of clean potable water in the mela area;

(g)

to provide for supply of electricity in the mela area by temporary or

permanent structure, as may be permissible and required;

(h)

to provide for a police post for maintaining law and order in the mela area;

(i)

to develop and maintain green zone in and around the mela area;

(j)

to enter into agreement with persons for a short or long term lease to provide

and create such infrastructure, as the Authority may decide for better

management and administration of mela;

(k)

to decide policy for the augmentation of revenue sources;

(l)

to make arrangements for fund through grants from the State Government or

other sources;

(m)

any other function, as may be necessary for carrying out the purposes of this

Act.

Powers and

functions of

Authority.

12.

(1)

The State Government shall, by notification in the Official Gazette, appoint an

officer of the Indian Administrative Services, having a minimum service of at least five years, as

the Chief Executive Officer of the Authority.

(2)

The Chief Executive Officer shall be paid out of the fund, such salary and

allowances alongwith such other facilities, as may be fixed by the State Government.

(3)

Whenever the Chief Executive Officer is on leave or is unable to discharge his

duties, the State Government may appoint any other officer in his place to exercise the powers of

the Chief Executive Officer until his return.

(4)

The Chief Executive Officer shall exercise direct supervision and control over all

officers and employees of the Authority.

Chief Executive

Officer.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 20, 2024 (PHGN. 30, 1945 SAKA)

Powers of Chief

Executive

Officer.

13.

(1)

Subject to the directions, control and supervision of the Authority, the Chief

Executive Officer shall monitor the arrangements in respect of all matters relating to organising the

mela and shall also have the power to order the organiser or officer for,-

(a)

temporary allotment of space for various purposes during the mela period;

(b)

protection of buildings situated in and around the mela area;

(c)

supply of water and any other material for extinguishing the fire;

(d)

prohibiting entry or use of any explosive material;

(e)

removal of any suspected person suffering from dangerous infectious diseases

from the mela area;

(f)

disinfecting any house, residence, building, source of water supply or any

other suspected source of infection;

(g)

stopping or removing any person from entering the mela area for maintaining

law and order;

(h)

destruction of any food or other material injurious to human health and

consumption;

(i)

ensuring systematic and safe darshan by devotees at religious places of

worship;

(j)

arrangement of movable and permanent public facilities, medical facilities,

electricity and water supply, security, transport and smooth services of the

road; and

(k)

to provide a traffic management plan in the mela area during the mela period.

(2)

A copy of the order made under any clause of sub-section (1) shall be made available

to the organizer or officer concerned.

Staff of

Authority.

14.

(1)

The Authority may appoint such permanent and temporary staff, as it may require,

with the approval of the State Government, in such manner and with such qualifications, as may be

specified by the regulations.

(2)

The salary, allowances payable to and the other terms and conditions of staff of the

Authority appointed under sub-section (1) shall be such, as may be specified by the regulations.

(3)

The staff shall be under the administrative and disciplinary control of the Chief

Executive Officer.

(4)

The Authority may obtain the services of the field level officers and employees of

the departments of the State Government as well as officers and personnel of local bodies for

management of mela who shall act under the guidance of the Chief Executive Officer and in case

of non-performance by such officer or personnel, the Chief Executive Officer shall have the

powers to recommend action against them, as per provisions of Acts and rules applicable to their

services.

(5)

The Chief Executive Officer may appoint, in such manner, for such temporary period

and on such terms and conditions, such other staff, as he may consider necessary.

Fund.

15.

(1)

The Authority shall have a fund to which the following shall be credited, namely:-

(a)

any grant received from the State Government or the Central Government;

(b)

any fee, charges, toll and surcharges etc. received by the Authority under this

Act;

(c)

any trust, bequests, donations, endowments and other grants; and

(d)

any other sums received on behalf of the Authority.

(2)

The fund shall be applied for –

(a)

defraying expenses for smooth functioning of the Authority;

(b)

for organizing melas within or outside the State or anywhere in the world;

(c)

providing amenities to the visitors;

(d)

securing the health, safety and convenience of visitors;

(e)

safety of articles, building and structures in the mela area;

(f)

organizing cultural and educational seminars, workshops, exhibitions and

conferences; and

(g)

any other purpose as may be approved by the Authority.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 20, 2024 (PHGN. 30, 1945 SAKA)

16.

The State Government may make to the Authority grants, loans or advances of such sums

of money annually, as the State Government may deem necessary and all such grants, loans or

advances so made shall be on such terms and conditions, as the State Government may determine.

Annual grants,

loans and

advances to

Authority.

17.

(1)

The Authority shall maintain proper accounts and other relevant records and prepare

an annual statement of accounts, in such manner, as may be prescribed.

(2)

The Directorate of Local Audit, Haryana or such authority, as specified by the State

Government, by an order, shall audit the accounts annually.

Accounts and

audit.

18.

The Chief Executive Officer shall prepare for every year a report of activities of the

Authority during that year and submit it to the State Government in such form and on or before

such date, as may be prescribed and the State Government shall cause the report to be laid before

the State Legislature.

Annual report.

19.

(1)

All the amounts payable to the credit of the fund shall be deposited in a separate

account either in any nationalized bank or in a State Treasury.

(2)

The fund shall be operated under the joint signatures of the Chief Executive Officer

or such other officer authorised in this behalf by the Chief Executive Officer and Officer in-charge

of the accounts deputed by the Finance Department.

Operation of bank

accounts.

20.

The Authority may, by an order in writing, delegate to the Chairperson or the Chief

Executive Officer or any other officer of the Authority, subject to such conditions and limitations,

if any, as may be specified in the order, such powers and functions under this Act, as it may deem

necessary.

Delegation of

powers.

21.

All orders and decisions of the Authority shall be authenticated under the signatures of the

Chairperson or any other officer authorized by the Authority in this behalf.

Authentication of

orders.

22.

No suit, prosecution or other legal proceedings shall lie against any person for anything,

which is in good faith done or intended to be done in pursuance of this Act or rules or regulations

made thereunder.

Protection of

action taken in

good faith.

23.

(1)

The State Government may, by notification in the Official Gazette, make rules for

carrying out the purposes of this Act.

(2)

Every rule made under this Act shall, as soon as possible, after it is made, be laid

before the State Legislature.

Power to make

rules.

24.

(1)

Subject to the provisions of this Act, the Authority shall make regulations to carry

out the purposes of this Act and uploaded the same on the website of the Authority.

(2)

In particular and without prejudice to the generality of the foregoing power, such

regulations may provide for all or any of the following, matters, namely:–

(a)

the manner in which the Authority may manage, organize and provide

facilities;

(b)

tolls on the parking of vehicle or entry of any vehicle or any person bringing

goods for sale or for demonstration or advertisement into the mela area;

(c)

fee on the registration of activity of business, trade or profession;

(d)

fee on the services provided to individual as service charge;

(e)

any other charge and fee in mela area as the Authority thinks fit and

necessary in the interest of the mela;

(f)

any other matter which has to be or may be specified by regulations.

(3)

The Authority may, from time to time, amend or repeal any regulation and each

such regulation, its amendment or repeal, as the case may be, shall come into effect from the date

of its uploading on the website of the Authority.

Power to make

regulations.

HARYANA GOVT. GAZ. (EXTRA.), MAR. 20, 2024 (PHGN. 30, 1945 SAKA)

Punishment for

offences.

25.

(1)

Whoever,-

(a)

makes any unauthorised construction; or

(b)

uses any unauthorised place as a latrine, urinal or rubbish dump; or

(c)

plies any profession, trade or calling without a license obtained under the

provisions of this Act or bye-laws or commits a breach of the conditions of

such license; or

(d)

contravenes any of the provisions of the Act or of any rules or regulations

made under this Act; or

(e)

disobeys any order or direction in writing, lawfully issued under this Act,

shall be punished with a simple imprisonment for a term of one month

but which may extend upto three months or with a fine which shall not be less

than two thousand rupees but which may extend upto ten thousand rupees or

with both.

(2)

No court shall take cognizance of an offence under this Act except on a complaint

made by the Chief Executive Officer or any other officer or official authorized by him.

Applicability of

Haryana

Municipal Act,

1973 and

Haryana

Municipal

Corporation

Act, 1994.

26.

The State Government may, by notification in the Official Gazette confer upon the

Authority any of the powers of the Haryana Municipal Act, 1973 (24 of 1973) or the Haryana

Municipal Corporation Act, 1994 (16 of 1994) and upon issuance of such notification, the

provisions of the sections shall apply to the mela area as if the mela area is the part of a

municipality and the Officer In-charge of the Authority is District Municipal Commissioner or

Commissioner Municipal Corporation, as the case may be and if there is a contravention of any of

the provisions, the same shall be deemed to be a contravention of the said Act.

Power of State

Government to

give directions.

27.

The State Government may, from time to time, give such general or specific directions, in

writing, to the Authority for the effective implementation of the provisions of this Act.

Dissolution of

Authority.

28.

(1)

Where the State Government is satisfied that the purpose for which the Authority

was established under this Act have been substantially achieved so as to render the continued

existence of the Authority in the opinion of the State Government as unnecessary or the Authority

is not competent to perform or persistently makes default in the performance of duties imposed on

it by or under this Act, the State Government may, by notification in the Official Gazette, declare

that the Authority shall be dissolved with effect from such date as may be specified in the

notification.

(2)

From the said date-

(a)

all assets, properties, funds and dues which are vested in or realisable by the

Authority shall vest in or be realisable by the State Government;

(b)

all liabilities which are enforceable against the Authority shall be enforceable

against the State Government; and

(c)

for the purpose of carrying out any development which has not been fully

carried out by the Authority and for the purpose of realising assets, properties,

funds and dues referred to in clause (a), the functions of the Authority shall be

discharged by the State Government.

Power to

remove

difficulties.

29.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the State

Government may, by order published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for the

purpose of removing the difficulty:

Provided that no order under this section shall be made after expiry of a period of

three years from the date of the commencement of this Act.

(2)

Every order made under sub-section (1) shall, as soon as may be after it is made, be

laid before the State Legislature.

RITU GARG,

ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,

LAW AND LEGISLATIVE DEPARTMENT.

10982—L.R.—H.G.P. Pkl.