Section 21 of The Haryana Municipal Act, 1973 — After sub-section (6) of section 257 of the principal Act, the following sub-section shall Amendment of
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- (6)of section 257 of the principal Act, the following sub-section shall Amendment of be added, namely:— frase po 4 “(7) The State Government shall make rules pertaining to the matters of of 1973. elections, in consultation with State Election Commission, under this Act.”. MEENAKSHI I. MEHTA, Secretary to Government, Haryana, Law and Legislative Department. 57339—LR.—H.G.P., Chd. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2020 (BHDR. 28, 1942 SAKA) 153 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 19th September, 2020 No. Leg.28/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th September, 2020 and is hereby published for general information:- HARYANA ACT NO. 18 OF 2020 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2020 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Amendment) Act, 2020. Short title. 2. In sub-section (1) of section 2A of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act), section 2A of Haryana Act 24 (i) in clause (ii), for the sign and word *; and”, existing at the end, the sign “:” shall be of 1973. substituted; and (ii) the following proviso shall be inserted, namely:- “Provided that the municipality existing/established at the headquarter of a district shall be a Municipal Council irrespective of its population”. 3. After section 98 of the principal Act, the following section shall be inserted, namely:- Insertion or sect “98A. Recovery of dues by way of distraint/attachment and sale of properties.- Haryana act 24 Notwithstanding any other provision for recovery of any amount on account of arrears of of 1973 tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee, such amount due on account of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee may be recovered by way of the following process: (i) by distraint and sale of defaulter’s moveable property; (ii) by the attachment and sale of defaulter’s immovable property. Explanation. The fact that any other process provided under this Act for recovery of any amount on account of arrears of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee has been initiated shall not be a bar on initiating the recovery process provided under this section and the process provided under this section may proceed simultaneously.” 4. After sub-section (2) of section 279 of the principal Act, the following sub-section shall be Amendment of added and shall be deemed to have been added with effect from the 4" September, 2019, namely: jeeton *0 50 “(3) Notwithstanding anything contained in the Haryana Municipal (Second of 1973 Amendment) Act, 2019, appointment, removal or suspension of person elected as President of municipality before coming into force of the Haryana Municipal (Second Amendment) Act, 2019 or filling up of any post/office vacated by such person shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force. 154 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19,2020 (BHDR. 28, 1942 SAKA) All the acts done/proceedings instituted or which might have been instituted or shall be instituted against any of the person elected as President of municipality prior to coming into force of the Haryana Municipal (Second Amendment) Act, 2019 shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force.”. Repealand saving. 5, (1) The Haryana Municipal (Amendment) Ordinance, 2020 (Haryana Ordinance No.6 0f 2020), 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. BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 8908—L.R.—H.G.P., PKI HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA) 227 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 11th December, 2020 No. Leg. 43/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for general information: HARYANA ACT NO. 33 OF 2020 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2020 AN Act further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy—first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2020. Short title: 2. In sub-section (1) of section 15 of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act).— section 15 of Haryana Act 24 (i) in the existing proviso, for the sign “. existing at the end, the sign“: shall be of 1973. substituted; (ii) after the existing proviso, the following proviso shall be added, namely: — “Provided further that the provisions of this section shall not apply in the case of vacancy occurred in the office of the President by no-confidence motion.™. 3. After the heading “President and Vice-President” occurring below Section 17 of the Insertion of principal Act, the following sections shall be inserted, namely: sections 17A and 17B in Haryana “17A. Motion of no-confidence against President elected directly.— (1) A motion of Act 24 of 1973. no—confidence against the President who has been elected directly in terms of sub-section (2) of section 9 shall be in writing and signed by not less than one-half of the total number of elected members along with a copy of the motion, which shall be delivered by any two of the members signing the notice to the concerned Deputy Commissioner: Provided that for the purposes of calculating the number of the elected members, the President shall be considered as an elected member. (2) The Deputy Commissioner or such other officer not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall then convene a meeting of the elected members for the consideration of the motion to be held on the date and time appointed by him, by giving a clear notice in writing of not less than fourteen days: Provided that members nominated under sub-section (3) of section 9 shall not be entitled to be present or vote in the meeting. (3) As soon as the meeting convened under sub-section (2) has commenced, the Deputy Commissioner or such other officer, not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall read to the elected members, the motion for the consideration and declare it to be open for discussion and he shall not speak on the merits of the motion or vote thereon. (4) The motion shall be carried only when it has been passed by a majority of three-fourth of the total number of elected members and if such a motion is passed, the President shall be deemed to have vacated his office. 228 ~~ HARVANA GOVT. GAZ (EXTRA), DEC. 1, 2020 (AGHN. 20,1942 SAKA) ~~ (5) A copy of the minutes of the meeting along with a copy of the motion and the result of the voting thereon shall be forwarded forthwith by the Deputy Commissioner to the State Government. The State Government on receipt of the same, if no-confidence motion is passed, shall forward it to the State Election Commission for de-notification and to conduct fresh elections for the post of the President. (6) In case motion is not passed, as referred to in sub-section (4) or if the meeting could not be held for want of quorum, no notice of any subsequent motion of no-confidence against the same President shall be entertained, unless a period of six months from the date of such voting or the date of such meeting, as the case may be, has expired. (7) If no-confidence motion is passed against the President, the Vice-President shall exercise the powers and discharge the functions of the President till the President enters his office. 17B. Discharge of functions of President and Vice-President in case of vacancy.— (1) When the office of the President is vacant by reason of illness, death, resignation or otherwise, the Vice-President shall act as the President until the President enters his office. 2) If due to any exigency, the President or Vice-President is unable to exercise the powers and discharge the functions of the President, the Sub-Divisional Officer (Civil) of the area in which the municipality is situated or any other officer, not below the rank of an Extra Assistant Commissioner, authorised by the Deputy Commissioner shall exercise the powers and discharge the functions of the President till the President or Vice-President enters the office.”. Amendment of 4. Sub-section (4) of section 21 of the principal Act shall be omitted. section 21 of Haryana Act 24 of 1973, BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department. 8997—L.R—H.G.P. Pkl.
be added, namely:— frase po 4 “(7) The State Government shall make rules pertaining to the matters of of 1973. elections, in consultation with State Election Commission, under this Act.”. MEENAKSHI I. MEHTA, Secretary to Government, Haryana, Law and Legislative Department. 57339—LR.—H.G.P., Chd.
HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2020 (BHDR. 28, 1942 SAKA) 153 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 19th September, 2020 No. Leg.28/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th September, 2020 and is hereby published for general information:- HARYANA ACT NO. 18 OF 2020 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2020 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Amendment) Act, 2020. Short title. 2. In sub-section (1) of section 2A of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act), section 2A of Haryana Act 24
- (i)in clause (ii), for the sign and word *; and”, existing at the end, the sign “:” shall be of 1973. substituted; and
- (ii)the following proviso shall be inserted, namely:- “Provided that the municipality existing/established at the headquarter of a district shall be a Municipal Council irrespective of its population”. 3. After section 98 of the principal Act, the following section shall be inserted, namely:- Insertion or sect “98A. Recovery of dues by way of distraint/attachment and sale of properties.- Haryana act 24 Notwithstanding any other provision for recovery of any amount on account of arrears of of 1973 tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee, such amount due on account of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee may be recovered by way of the following process:
- (i)by distraint and sale of defaulter’s moveable property;
- (ii)by the attachment and sale of defaulter’s immovable property. Explanation. The fact that any other process provided under this Act for recovery of any amount on account of arrears of tax or fee or charge or cess payable under this Act or under the rules or bye laws made thereunder or any other money claimed by the committee has been initiated shall not be a bar on initiating the recovery process provided under this section and the process provided under this section may proceed simultaneously.” 4. After sub-section (2) of section 279 of the principal Act, the following sub-section shall be Amendment of added and shall be deemed to have been added with effect from the 4" September, 2019, namely: jeeton *0 50 “(3) Notwithstanding anything contained in the Haryana Municipal (Second of 1973 Amendment) Act, 2019, appointment, removal or suspension of person elected as President of municipality before coming into force of the Haryana Municipal (Second Amendment) Act, 2019 or filling up of any post/office vacated by such person shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force. 154 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19,2020 (BHDR. 28, 1942 SAKA) All the acts done/proceedings instituted or which might have been instituted or shall be instituted against any of the person elected as President of municipality prior to coming into force of the Haryana Municipal (Second Amendment) Act, 2019 shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1973 that existed immediately prior to the coming of the Haryana Municipal (Second Amendment) Act, 2019 into force.”. Repealand saving. 5, (1) The Haryana Municipal (Amendment) Ordinance, 2020 (Haryana Ordinance No.6 0f 2020), 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. BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 8908—L.R.—H.G.P., PKI HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA) 227 PART-1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 11th December, 2020 No. Leg. 43/2020.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for general information: HARYANA ACT NO. 33 OF 2020 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2020 AN Act further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventy—first Year of the Republic of India as follows: 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2020. Short title: 2. In sub-section (1) of section 15 of the Haryana Municipal Act, 1973 (hereinafter called the Amendment of principal Act).— section 15 of Haryana Act 24
- (i)in the existing proviso, for the sign “. existing at the end, the sign“: shall be of 1973. substituted;
- (ii)after the existing proviso, the following proviso shall be added, namely: — “Provided further that the provisions of this section shall not apply in the case of vacancy occurred in the office of the President by no-confidence motion.™. 3. After the heading “President and Vice-President” occurring below Section 17 of the Insertion of principal Act, the following sections shall be inserted, namely: sections 17A and 17B in Haryana “17A. Motion of no-confidence against President elected directly.— (1) A motion of Act 24 of 1973. no—confidence against the President who has been elected directly in terms of sub-section
- (2)of section 9 shall be in writing and signed by not less than one-half of the total number of elected members along with a copy of the motion, which shall be delivered by any two of the members signing the notice to the concerned Deputy Commissioner: Provided that for the purposes of calculating the number of the elected members, the President shall be considered as an elected member.
- (2)The Deputy Commissioner or such other officer not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall then convene a meeting of the elected members for the consideration of the motion to be held on the date and time appointed by him, by giving a clear notice in writing of not less than fourteen days: Provided that members nominated under sub-section (3) of section 9 shall not be entitled to be present or vote in the meeting.
- (3)As soon as the meeting convened under sub-section (2) has commenced, the Deputy Commissioner or such other officer, not below the rank of Extra Assistant Commissioner, as authorised by the Deputy Commissioner, shall read to the elected members, the motion for the consideration and declare it to be open for discussion and he shall not speak on the merits of the motion or vote thereon.
- (4)The motion shall be carried only when it has been passed by a majority of three-fourth of the total number of elected members and if such a motion is passed, the President shall be deemed to have vacated his office. 228 ~~ HARVANA GOVT. GAZ (EXTRA), DEC. 1, 2020 (AGHN. 20,1942 SAKA) ~~
- (5)A copy of the minutes of the meeting along with a copy of the motion and the result of the voting thereon shall be forwarded forthwith by the Deputy Commissioner to the State Government. The State Government on receipt of the same, if no-confidence motion is passed, shall forward it to the State Election Commission for de-notification and to conduct fresh elections for the post of the President.
- (6)In case motion is not passed, as referred to in sub-section (4) or if the meeting could not be held for want of quorum, no notice of any subsequent motion of no-confidence against the same President shall be entertained, unless a period of six months from the date of such voting or the date of such meeting, as the case may be, has expired.
- (7)If no-confidence motion is passed against the President, the Vice-President shall exercise the powers and discharge the functions of the President till the President enters his office. 17B. Discharge of functions of President and Vice-President in case of vacancy.—
- (1)When the office of the President is vacant by reason of illness, death, resignation or otherwise, the Vice-President shall act as the President until the President enters his office. 2) If due to any exigency, the President or Vice-President is unable to exercise the powers and discharge the functions of the President, the Sub-Divisional Officer (Civil) of the area in which the municipality is situated or any other officer, not below the rank of an Extra Assistant Commissioner, authorised by the Deputy Commissioner shall exercise the powers and discharge the functions of the President till the President or Vice-President enters the office.”. Amendment of 4. Sub-section (4) of section 21 of the principal Act shall be omitted. section 21 of Haryana Act 24 of 1973, BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department. 8997—L.R—H.G.P. Pkl.