The Haryana Municipal Act, 1973 (24 of 1973)

19?3 : Earyana Act 24 ) ,MWTCIPU THE HARYANA MUNICIPAL ACT, 1973 TABLE OF CONTENTS CHAFER I Preliminary Sections 1. Shorl litlc, exrcnt and commencement. 2A. Classification and Consli~utiono f municipsliries. Municipalities 3. Proceduic for declaring municipatky. 3A. A Slate Elec~ionC ommission. 4. Notification of inlention to alter limirs of municipality. 5. Notificarion of intention to ex~udelo cal area from municipality. 6. Exclusion of local area from municipality. 7. Effect of exclusion of local area from municipality. 8. Power to abolish municipality. CHAFER 111' Municipalities 9. Composi~iono f Municipali tics. ..a,. 10. Nomination ofBalrmki. , 1 1. Term ofofice of members. , . I, , . 12. Duration of comrni~tcca nd election of members. 13. Resignation of mcmber committee. ' ,J,. 13A. Disqualificat . i . on.s.,. for , m ernbcrship. . - , , .: - . , . 13 b. .:esviction on simultaneous or Double Membership. ',,: 14. Powers of State Government as to rembval of members. .I-. 'J 14A. Suspension of Members. , .. - - 1 " 15. Filling of casual vacancies. I ' 16. Tncorporation of municipality. ! - 17. Employees and member to be public servants." ' 18. Election of President ;nd Vicc-President. -, . 32 ,WH~'AL 11973 :H aryana Act 24 Sections 19. Term of office of Plcsident and Vice-President. 20. Resignation olP residenr or Vice-President. 21. Motion of no confidence against President or Vice-President. 22. Removal of President or Vice-Resident. 22A. Susptnsion of Presidcn~o r vice-president. 23. +****+***- 24. Notification of elections and nominations. 25. Time for holding meetings. 26. Ordinary and Special mcelings. 27. Quorum. 28. Chairman of meeting. 29. Vole of majority decisive. , . 30. Record and publication of proceedings. 31. Byc-laws. 32. Delcgadon. 33. Delegation of certain pwers and functions of committees. 34. ~onstitutiana nd Compositions of Wards Committee eu. 35. Extraordinary powers of President or Vice President in , . case of Emergency. 36. Joint Cornmittccs. 37. Vacancies and irregularities not to invalidate proceedings. 38. Constitution of Municipal Services. 39. Savings as to first appohtlnents. ,;I. 40. Other employas. 41. Special provision far reservation of posts for Scheduled Casks and Backwad Classes etc. 42. Power to demand punishment or dismissal, 43. Power ro prevent extravagance in estzblishments. , ,. 44. Contribution of pension and leave allowances. . 45. Pension, e~ci,n caseof service partly under the , ,, , State Govcrnmenl and partly under committee. ..I1 . 46. Notice beCore discharge. 1973 :H aryana Acl24 I ~ ~ C I F A L Sections 47. Applicarion of Haryana Act 40 of 1974, 48. Members no1 to be appointed as employees. 50. Mode of executing contracts and traasfer of property. 51. Pedalry on member or employee being interested in ' any conkact made with a commim. 52. Suits against committee and irs employees. 53. Bar of jurisdiction of civil corn. 54. htrtectian of action taken in good faith. 55. Liabili~yo f rnernbers of comrnirtcc. n' C H r n R Municipal Fund And Property 56. Constitufion of Municipal fund. 57. Application or fund. 58. Payment of salaq to Pres'idena OUL of municipal fund. . 59. Cuslady of municipal fund. 60. Power to deposil and invcst Surplus funds. -. 61. Property vested in commi nee. 62. lnvcnrory artd map of municipal property. 63. Erec~iona nd maintenance .o f boundary marks of municipal area. , . - 64. ma nag men^ of public instilutions. 65. Acquisition of land, 66. Transfer to Government of properly vesting in commitlee. 66A. Powers and funcliolls of municipalities. 67 p,....--r.l take over management of water-works, sewerage-works and roads: etc. 68. Saving of Act 9 of 1914. 68A. Finance Commission- CHAFER V Taxatiom 69. Taxes which committee shali impose. 70. Tares that may be imposed. 11973 :H aryana Act 24 Scctions 71. Savings. 72. Procedure regarding raxes which cornminee shall impose. 72A. Overriding effccl. 73. Colleclion and payment of tax on consumption of elcmicity. 74. Prmedure. 10 impose taxes. 75. Power of Governmen1 in rcspectof taxalion. . . 76. Preparation of assessmen1 list. : . . 77. Publication and completion of assessmen1 list. 78. public notice of timc fixed for revising assessment lisls. 79. Sertlemenl of list. 80. Funher amendments of assessment list. 8 1. New tist not be prepared every year. 81A. Incidence of tax on lands and buildi;lgs. S1 B. Appoinment of liability of taxcs on buildings and lands when prcmises assessed are let of sublet. 87. Tax not invalid for dcrect ol form. 83. Powers of committee in regard to taxes. 84. Powers of State Government in regard to taxes. 85. Remission of lax on nnoccupid building. . . , 86. Duty of furnishing m ei nfomarion regarding liabiliry to municipal taxation. . 87. Nolice ro be given to cornmillee of all transfers of title of Persons primarily liable to payment of properly lax. 88. Power of enrry for the purposes of valuation or taxation. * * 89. + . . * * 90. 91. * * * 92. Extension of taxation limits by agreement. 93. Taxes when payable. , , 94. Recovery of taxes payable by owner. 95. Recovery of taxes, etc. , 96. Seizure and sale of vehicle and animal. 97. Recovery of 1011. 98. Mode of recovery of dues undcr this Act' ., -, 99. Appeals against taxation. Sections 100. Limiratiorr of appeal. 100-A. Revision. 10 1. Taxiition not lo be quesrioned excepl under this ACI. 101-A. Suspension and assignment of cenain raxa in rqung areas. - CHAFER v1 . - Policc 102. PoIicc force. 103. Powers and dudes of police in respect of offences again9 Act and rules. and assislanccs to municipal authorities. 104. Police proteclion at rairs, etc. CHAPTER W Extinction and Prevention of Rre 105. Establishment 3nd maintenance of fire-brigade. 106. Power of fire-brigade and other pcrsons for suppression of firc. 107. Limita~iono n operation of this Chapter. RC - VIU Water Supply 108. Provision of water. 109. Supply of wa~erto connected premises. . - 110. Supply of water for other than domestic purposes. . . 11 1. Making connetions wih municipq, y , aler-works. . .. 112. Obliga~iono f dwner or mcupier to give notice of waste of water. 11 3. Culling off of supply to premises. 114. Power of comrniaec in respect of mmm&ications, ek. CHAPTER M Powers of sanitary and other Pllrposes 1 15, Bathing and washing places. 116. Powers in respmt of burial and burning places. 1 17. Disposal of made and sway dogs and other animals. l IS. Suffering dogs nat to be at large; 1 19. Power lo rcquire buildings, wells, ranks. etc., to be secured. 120. Building etc., in dangerous state. 11973 : Raryana Act 24 , Sections 121. Cleaning of fi thy building or land. 122. Paving or draining of cattle stands. 123. Power to prohibit use for human habihtion of budding unfit far such use. 124. Power to rquire owner to clear away noxious vegeution. 125. Power to require hedges and trees to be mrnrned. 126. Power to require untenantcd buildings becoming a nuisance lo be secured or enclosed. 127. h-ohibi~iono f cultivation, usc of manure or irrigation injurious lo health. 128. Regulation of offensive and dangerous made. 129. Consent of committee !o establish new factories or workshop. 130. Prohibition of cinemalographs and drarna~ic pcrf<mnancese xcept in licensed premises. 13 1. Power lo prohibit trades. 132. Provisions of drains. privies, cc. 133. Rcpair and closing OF drains, privies. etc. 134. Removal of larrines, etc., near any source of water-supply. . , 135. Discharging sewerage. 136. Making of alrering drains wilhout authority. i 37. Power to require removal of nuisance arising ,from tanks and the like. 138. Power of cornmitree to lay or c vwi res, pipes, drains or sewers through privatc land, subjec~to payment of compensation for damage sustained, provided that no nuisance is created. 138A. Usc of municipal, government or private land for h e purpose of collecdon and disposal of solid waste. 139. Revisions as to wires, pipes drains or'sewers laid or cartied above surface of ground. , 140. Revious notice to be givcn 141. Connection with main not to be made without permission of committee. 142. Connection may be made or required to be made by comrnitlce in case of sewerage. 143. Troughs and pipes for rain water. 1973 :H avanaA ct 24 1 Sections 144. Inforrna~ionlo be given of cholera. small-pox, elc. 145. Removal ro hospilal of parients suffering from infectious diseases. 146. Disinfec~iono f buildings and anicles. 147. Penally for lctting infecled houses. 148. Provision of places and appliances for disinfection. 149. ACE done by persons suffering from certain disorders. 150. Keeping of animals so as to be injurious to health. 15 1. Prohibilion by cornmirree oF use of unwholesome water. 152. Removal and deposit of offensive matters. 153. Preparation of compost manure. 154. Powcr to acquire, etc. 1 55. Righr of appeal and revision. 156. Jurisdiction of civil collrts barred. 157. Failure to remove offensive matter. 158. Depositing or throwing of earh or malerial of any description on roads or into drains. 159. Spiuing in places other than drains or receptacles provided. : 160. Nuisancebychildrenandothcrs. " - -. 161. Definition of house-scaveiging. I ' .. 162. Undertaking by committee of house-scavenging gendrilly. * - , , 163. Abolition of customary rights. .., .- , - 164. Scavenging, etc. . -.: .:. 165. Continuance of house-sc . a , v enging once uhder taken - by corninittee. - .. , 166. Obligation of commiuee to perform housescavenging , , properly. ., . , .#I. :. . :.. ,.. . ., . , . ... .: 167. Powers of municipal employees for house-~cave&~in~ ' .. - purpos=. , , - . - I- . . 168. Vesting in committee of colIections from-house-scavenging:, 169. Establishment of creches. :! 170. Places far slaughter of animals for sale. , , 17 1. Disposal of dead animals. , . 40 MI WAL [I973 :H aryana Act 24 21 1. Rcsmc~iono n rransfcr of land included in development scheme. 2 12. Power of cornminee to regulate the manufaciure. preparation and sale of food and drink:' 213. Prohibition of possession or sale of wild animals. 214. Penalty for infringement of bye-laws. 215. Power of commiuee to make bye-laws. 2 16. Procedure for making laws. 217. Bye-laws to bc available for purchase and inspection. CHAPTER Xi Procedure 218. Inspection of drains, privies and cesspools. 21 9. Inspection of buildings, etc. 220. Other powers of entry on buildings or lands. &A , . 221. Power lo. in.~.~.e Et'~~foa; ces of'food or drinks etc. md lo seize unwholesome articles exposed f& salc. 222. Inspection of places for illicit slaughter of animals: . 'I. .. 223. Refusal to allow inspection. . . 224. Search for in flammable or explosive material in excess of authorized quanlit).. 225. Power of en~ryfo r purpose of spread,ofi isc~e: , 226. Authorisation of powers. . ,. - .. - , , I > . 227. Precautions to be dbre;& in Ie n . te .I r ing - dw~!li&. , ,. , ' .. . . , . ,,. - '3 228. Reasonable time. for,- , ., c ompli~ t c o ~ b e $?+,; : . .,2#. 229. Authentication. service and validity of notick&, : , :* ' . ; ;r! 230. Service when owner Ad dctupki are'different,p&rsoiis. 23 1. Mode of giving notice to o . w . ne r , or wcup , i . e ; r . - o ,-L f p , ro . - ! p . , : . e . - r . , t . : , y . ,; . . . ' .' :, , . . . , . m . . . . , 232. Publication of public notices. . . J , ., . 233. Penalty for disobedience of order of committees. I. ,. ,. 234. Compensation for damage. . . , - .-' 235. Power of cornmitree in the event of non-compliance. '.'" ' Scctions 236. Penalty for obsvuction. 237. Recovery of costs of execution. 238. Relief to agenls and truslecs. 239. Paymenl of compensation. 240. Appeals from orders ofc ommittee. 24 i. Prosecution ro be suspended in ccnain cases. 242. Appeals from cerlain orders. 243. Authority for prosecution. 244. Power lo compound offences. . . . CHAPTFR XI1 , Control 245. Conlrol by Deputy Commisioner. 246. Powers to suspend any resolulion or ordcr of committee. 247. Extlnordianary power of Deputy Commiswoner in cases of emergency. 248. Powers ro provide for performance of duties in . , cue of defaul~o f commitree. -. 249. Action of Deputy Commissioner to be immediately . rc ported. , 250. Powcr of SueG ovcmemnr to give directions. 25 1. Exercise of commirtcc's,p ower pending establishment of commiuee. 252. Power of State Government and its officers over committee. 253. General powers of State Governemtn over ofIicers. . . .; , , 254. Power of the State Govcmincnt to supersede committee , ,,, , - . -. in case or incompetence. persistent default or abuse of powers. 255. Taking cver of cedn branches or depanments of the committee. 256. Disputes. 257. Power of Sta~cG overnemnt to frame forms and make rules. '[258 10 2631 1. OmittedbyHaryanaAct 120f1997. 42 MCWICIP~L 11973 :H aryana Act 24 Sections CHAPTER XIV Municiapl Election Inquiries 264. Definitions. 265. Appointment of Tribunal by State Governemnt. 166. Powcrs of Tri bunal. 267 Application of Indian Evidence Act, L872. 268 Admissibility of documents not duly stamped or registered. 269 Witness not excused from answering on ground that answer will incriminate. 270 Appearance. application or act before Tribunal. 27 1 Expenses incurred in attending to give evidence to be part of costs 272 Decision ofT ribunal 273 Appcal from orders of Tribunal. 274 Payment ofc osts. 275 Secrecy of voting. 275A Electoral offences. 275B Bar to interference by couns in elcctoraI matters. , 276 Power lo makc rules. -XV MieUaneous 277 Term of exisring commiitee. 277A Entrusting of functions duties and responsibilities of Committee to the P.W.D. (Public Health). 278 Power to remove difficuldes. , ' 279 Repeal and savings. . - :. :'I 280 Transilional provisions. . . 'THE HARYANA MUNICIPAL ACT, 1973 [Received the ussertt of rl~eP resident of India 011 the 24th June, 1973 mrdfirst-published in Halyana Government Gazerre (Extraordinary)o f J!cly 2.19 73.1 , Ycw No Shonritle Whether repealed or other-wise affected by [egislalion I 2 3 4 1973 24 TheHaryana Arnendcd in pan by Haryann AcI 40 Municipal of J973? Act, ~973. Amended by ~ i r ~ aAncat 12 of 1976' Amended by Huyana Act 26 of 1976a Amended by Haryana Act 23 of 197SS Amended by.~ar).ana Act 1 01 197g6 . - . ~rnehedb y~ar~aAncat 12 of 1979' , Amended by Haryana Act 9 of 1980' 1. For Statement of Objccts and Reasons,,see ,Haryaria Governtt~eniC azctte (Extraordinary), dated the 26th,M arch, 1973,p age 525. 2. For Staterncnt of Objects and .Reasons,' see Hntyana Government Gazetrc (Extraordinary), d a dt he 3 1 st Oc~ober,1 973, page 1992. : .. , 3. For Statement of Objects and Reasons;'see Haiyano Go\renl,,ietrr Gazette Exuaordinary). dated the 12th January, 1976. page 78. , - 4. For Statement of Objecls and Reasons. see ~atyariG ovenln~errtG azette - (E~aaordinary),d atcd the 2nd July, , 1976 - , pa . ge 1226. ' * Appoints $c 20h day or July, 1973, as the date on which this Act shall comc inlo force vide Lncal Govi Deptt.'Comniiuees,n &frcation NO. s.0: 163fiL.A. 24/19731S.1./73, daled the 20th july; 1973. ' , , . , . . . . . . , . , , ,,.. 5. For Statement of Objects -an4 Reasons, see ~ory&aG overnnzent Gazeite extraordinary), dated . t he 28th ,: .A. &USI, 1978, page 1214. . ,.. .. ., m , , ,I., .L 6. For Statement of Objects, and 'Reasons. see Haryona Gov&~mrnenGt azette (Extraordinary), dated 1he,26thD ecember, 1978, page 1758. . . !. 7. For Statemcnr of'0bjects and &sons, sib ~ k ~ a~~ovrenmm &t ~&ette ., (Extraordinary). dated Lhc 8th.March. 1979. page 428. 8. For Staternmi of Objects and Reasons, see Horyana Governw~erlGf uzrre (Exuaordinary). dated th'e I Irh March, 1980. page 479. . > 44 MUN~AL 12973 :H aryana Act 24 Year No Shoo ritle Whethcr repaled or ohcr-wise affectcd by legislarion 1 2 3 4 1973 24 The Haryana Amended by Haryana ACL1 7 of 198 1' mend& Municipal , . b - y H ~ ar ~ ym & a A a ct 8 n of ~ 19 8'j2 Act, 1973. .( . . ~. mendedby Act ~ ~ '19o86f;- . . . . . Arriended by Haryana Ac13 of 19884 .. ~rnendkdb y Haryana Act 29 of 19W , . Amended by Uaryana Act 15 of 1 98g6 . . . . . I Amendcd by Haryana Act 9 of 1990' AmendeF by ~ b a nAacl 10 bf 1991' ~mchc!db y Haryana Act 14 of 19929 mended by Haryana Acl6 of 1993'" ~iendkbdy Karyana Acl3 of 1 99411 &endid by Haryana Act 15 of 1994'' 1. For Statement of Objccts and Reasons. see Horyarzn Covcn~mentG azette II (Extraordinar , y ), - date.d . thc 2 1st Septcmhr, 198 1, page 1408. 2.. For Statement of objects and Rcasons, see Haryaan Goverrrment Gozerrd Extraordinary), dated he2 Znd March, 1985. page 404. 3. For Statement of Objecu and'~easoriss, ik ~orpnk~'o vernrrzentG azerre (Extraordinary). dated Ihc 26th February; :1986. page 326. . .. , 4. For Statement of Objecls and.Reasons, see.Haryonu Governnre,rr ~izetle (Exlraordinary),,d ated he 171h pecember, 1,,9 8. 7, . p ag~-1953. 5. For Statement of Objects and Reasons, see Haryano Government Gazuie (Exuaordinary). dated the ZZnd August, 1988. page 1303. :, .> ,. .. - 6. For Siureme"t of 0bje&r and ~&ronr,r e=Har.y.on o ~o<~intenG!a,z ette , (Extraordinary). dated h e7 th ~epternber.1 988, page. I - , - 7. For siatenknr .of Objects and R&&nn, ree-ll=jano ~oienime&.,d L & mm e ,-, r , te ~@xtrao'rdin~)!da1ededhe'~1M9'alchh ; 1?90>~a& 484." ' , , , , ,- 8. For Statement of Objec~sa nd dhronr., s r e e ,! - ~ nryatzn~ove~rne . Gr ' alzre rre (Ei~aordinary),d at . e -d the 2.7rh February. 19 - 9 , F I , I p . ag~b82:' I-, . ,... . 9. For S~a~emeofn ~d bje~kg nd-~ea~ons,'i~een w A '6~o v&meht Gaze~f~ (Exuaordinary), dated he,1 6th March. 1992. page 698. : . . . , . 10. For Stalenlent of Objects-and Rdsons, rei?Harynna, Government Gazeire , (Ex . rraordinary). dated 1h.e 18h December, 1992, page 2560.. ., 1 1. For Statement of Objects and Reasons, sae'HaryanaG olfemwent Gazette (Extraordinary). dated the 9th March. 1994, page 488. . . . 12. For Stakrne ,- n 6 t of Objccts and ~&ons. , see ~ a r ~ iGrolve~y ~ne,ltG az , e - rre (Extraordinary), dawd the 10th ~e~~emb1e9r9.4 ,' page 7004. 1973 : Haryaoa Act 24 1 MII K~C~PAL 45 Short ~itle Whether repealed or orher-wise affected by legislation 3 4 Amended by Haryana ACL3 of 1995' Amended by Haryana Act 4 of 1996l , . Amended by Hwyana Acl 18 of 1996' Amended by Haryana ACL1 3 of 1997' Amendcd by Haqana Act 18 of I 99SS ~rneiidedb y Haryana Act 17 of 199g6 Amended by Haryana Act 1 of 20007 Amended by Haryana Act 8 of2 W 8 Amendod by Hayma Acl14 of ZOW9 Amendcd by Haryana Act 1 of 2001 lo Amended by Haryana Act 5 of 2002" Amended by Haryana Act 11 of 2002'? Amendcd b;yHaryana Ac123 of 2002" Amendcd by Haryana Acl 16 of 2003" 1. For Statement of Objecis and Reasons, see Haryuna CoGernrr~errt Go:cne (Exvaordinary). dated the 1 st March, 1995. page 321. 2. For Stakment of Objects and Rcasons, see flaryana -Govenrtr~e~Grt azefrc (Exbaordinary); dated rhe -10thF ebruary, 1996, page 375. - . 3. For Slatemen1 of Objecls and Reasons, see fiaryana, Govemmenr Gazerre (Exkaordinary), dared the 151hN ovember, 1996, page 2366. 4. For ~tatcmektd f Objetls hnd ~easknss, ee Hcrrya~ra' Govtrnmenr Gazerre (Exuaqrdinary), dated ~he?thM arch. 1997. page 514. 5. For Statement of Objecls and Reasons. see' Horyarla Government Gace~te (Extraordinary),d ated the 14-7- 1998, page 1074. .. 6. For Slarement of Objects and Reasons, see Habuna Governtnenr Ga:en'e (Exvaordinary), dated the 9-2-1999, pagc 259, 7. For Statemenr of Objects and ~ e i s,se~e .~~a&, o Govemr,,e~lrC ozem (Exlraordinary). daled'thc 13- 11 - 1999,'&e 2527. . 8. For Statement of Objects and Reasons, see Hajana Government Gazerte ;., 4 . (Extraordinary), datcd the 8-3-2000. page.481. 9. For Statement of, ,Objects and Reasons, see Haryana Governtnent Gazette :@xcraordinary), dated the 5-9-2000, pagc 18 13. atede dent 10. For of Objecu and'~kasons,.'~'tliea jana"~avernmenrG azerre (Extraordinary); dated the' 13-3-2001, page 474. . .' I I. For ~ t a l e m e n t - 6 fabnd Reason's, see ~oryu;laG overnnrclrt Gazette (Extraordinq), dated the 4-3-2002, page 372. - . 1 ' 12. For Staternen1 of Objects and Reasons, see H . a rya . , no Government Gazene (Exmordinary),d ated the 29-8-2002,p age 1769. 13. For Statement of Objects and Reasons, see llaryana Goverrrrnet~rG azette (Extraordinary), dared the 28-10-2002. page 20G4. 14. For Sta~crnenlo f Objecls and Reasons. see Haryona Govert~ntenrG nrerte (Exbaordinary). dated h e2 8-3-2003, pagc 629. ~RIYICIPAL I1973 :A aryana Act 24 1 to Consolidate and amend the law relating to municipalities in the .! State of Haryana. BE it enacted by the Legislature of thk State of Haryana in the Twenty-fourth Year of,t he Republic of India, follows:- . CHAPTER-I , Short title, 1. (I) This Act may be called the ~ G a nMau nicipal ~ c t1.9 73. extent and (2) h exlends to the whole of the State of Haryana. commencemnt. (3) It shall come into force on such date as the State Government may, by notification, appoint. , . ... . . ... Defitions. 2. In this Act, unless there is anything repugnant in the subjecl or . context,- , ,.. , . , . ; I (I) "~nnualvaluen"o twithstanding anylhing contained in my other law for the time being in force, means,- (a) in the case of land, the gross ann,ud dnl- (i) to be calculated on the basis of fair rent fixed under the I.. I, , . law dating to rent rcsuiction for the time being in force; or . , (ii) where no fair rcnt refcrred to in item (i)'isf ixed, at which it is expected to be let or it is actually let, whichever is greater : Provided that, in the-c ase of land assessed to land- revenue or any other tax in lieu thereof or of $hich the land-revenue' has bee; wholly or i) 'rdleased, compounded for, redeemed or assigned, the ,mnual value shall, if the State Governement so directs, be deemed to be ,I i ! double the aggregate of the following amount, namely :'- ' ' , , (i) the amount of the land-revenue or any other,tax in lieu there of the-t irne'being assessed on the land, whether such assessment is leviable or not; or when the land, 1973 :H aryana Act 24 1 MUM~AI. 47 land-revenue has been wholly or in part compounded for or redeemed, the amount which, but for such composition or redemption, would have been leviable ;a nd (it) when the improvement of the land due to canal irrigation has been excluded from account in assessing the land- revenue, the amount of owner's rate or water advantage rate, or other rate imposed in respect of such improvement ; i[(b) in the case of any land on which no building has been erected, but on which a building can be erected, and on any lad on which a building is in the proccss of erection, five per cent of the estimated market value of the land ; (c) in the case of any house or buildmg whether self-occupied or tenanted, five percenturn on the sum obtained by adding the estimated present cost of erecting the building, lcss such amount as the Government may deem rcasonablc to be deducted on account of depreciation, if any, to the estimated market value of the site and my land attached to the house or building : m . Provided that - (i) in the calculation of the annual value of any premises, no account shaH be taken of any machinery thereon ; (ii) the basis of assessing the present market value of the land, the cost of erecti ng the building and depreciation shall be such as may be decided by the Government. Different rates may be determined for different categories of bui~dingsa ndlands . ;, (iii) iftheactualannud rent keived by theowner is higher than the annual value as determined, then the actual annual rent shall be deemed to be the annual value for the purpose of this Act ; (iv) the annual value of the-buiding so determined shajl bc subject to a deduction often persent for the cost of 1. ~Substitutcd by thc Haryana Acl 1 of 2001. . . repairs and other expenses necessary for the proper maintenance oi the building ; (v) when a buidling is occupied by the owner under such exceptional circumstances as to render a valuation ar five percenturn on the cost of erecting the building, less depreciation, excessive, a lower percentage may be taken;] '[(IA)" Board" means the Haryana Urban Infarstructural Development Board constituted under section 203 1 ;I (2) "Building"m eans-any shop, cut-house; hut house, shed or stable, whether uscd for the purpose of human h'abitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and-includes a wall and a we11 ; , (3) "Building line" means a line beyond which the outer face or any part of an extemal wall of a building may not in the direction I I of any street, exisling or proposed ; (4) 'Built area" is that portion of a municiyntity of which the greater part has been developed as a business or residential area ; [(5) "bye-laws" rncan bye-laws made under this Act ; '[(5AJ" ~hicf:~dministratomr"ea ns &e Chief Adminisbator of the Board ;] . '. 2[(5BB") Collector's rateM.meanths ew& of land assessed by the - Deputy,C o ~ s s i o ~eevgrry year by exercising his authority as District Collector for the purpose of assessing the value of stamp duty at the time of registrarion of sale deeds of land ;] J[(6)~1fc~~ttoer "e"r n~nicc~o~hdit tee"e xcept section 2A, ' I means a Municipal Committee or Municipal council constituted or deemed to have been constituted by or under this Act.] ! ,;, . , I'1 . 'Tnserted by Haryana Act 5 of 2002. ' ' ' i::: - I '2. Iriieried by Haryana Act23of2002. - I , 3. .Substituted by Haryana Act 300f 1994 and further-subsiirutd by Haryana ACI 4 of 1998. . , 1973 :H aryana Act 24 1 WCVAL 49 (7) "Compostm anure" means the produce prepared from dung by subjecling it to the process of compost making in the manner preseribed by rules ; [(7A) "controlled area" means an area declared under section 203C of this Act to be a controlled area ;] (8) "Deputy Commissioner'' or "Deputy Commissioner of the district" includes Additional Deputy Commissioner, Joint Deputy Commissioner or any '[other officer not below the rank of an extra Assistant Commissioner] ar any time appointed by the State Governernn~ to perform in any-district or the districts functions of a Deputy Commissioner under this Act ; '[(9)" Director" means the Director Urban Develop[ment Department, Hayana;] ( 9 4 "District"m eans the district in the State of Haryana; (9BJ "District' Planning Committee" means a committee consli tuted undcr section 203B of this Act; (9C): dry lauinell means a latrine from which the excreta is removed m&ually; 19D). "DungMfo r the purposes of 'section 153 and 154 shall - include nisht-soil, sewage, sullage, refuse; sludge, filth' or :m bbish or animal maller of any hnd;J - . - (1O)"Erecto r reerect any b"ildingv indudes- , , (a) any materia1,alteration or enlargmenc of any buiiding ; 2. Substituted by he Haryana Act 12 of 1979. 3. Omitted by Haryana Act 12 of 1979. . .-- . 4. Substituted by ~ a r ~ aAncat 3 of 1994 and further subslituted by Haryana Act 5 of2 002. WMCP,U [I973 :H ayaria-Act 24 (b) the conversion by structual alierarion into a place for human habitation of any building not originalty constructed for human habitation ; (c) the conversion into more than one place for human habitation of a building originally constructed as one such place ; (d) the conversion of two or nor!: places of human habitation into a greater number of.such places ; (e) such alterations of a building as effect an alteration of its drainage or sanitary arranments, or materially affects , . security ; Ifl the addition of any rooms. buildings oout-houses or other structures to any building ; (g] the construction in a wall adjoining any street or land I not be tonging to the owner of the wall of a door opening on to such-s treet or land. A. (Il )"explosive" and "petroIeurnMh ave thc ,meanings assigned I I to rho& doid; in the Indian Exploiives Act, 1884,'~dthe~~ctroleurn Act , 1934, respectvel y ; (12) "Factory" shall have the moaning assikned to it in the Factories Act, 1948; '[(12AJ: Finance Commission " means the Finance Commission constituted by rhe Slate Government- under articles 2431 and 243Y of the Constitution of India ; ; hi . : ).. . 2[(12AAJ "Fund" means the,,H uryana Urban Infrasrructural DeveIopment Fund constituted under section 203L ;] (12B)" Stare ~overnment"m eans the ~ovkrnmenot f the Stale ' , ! , of Haryana ;] , . . . - . (~3]"Infecrionsd isease" means cholera, plague, small pox, tubercuIosis or such other dangerous disease as the State Government may notify in this behalf ; ,.- .. .I. Insened by,Haryana Acr 3 of 1994. . - 2. Inserted by Haryana Act 5 of 2002. ' L - , 1973 :H aryana Act 24 1 M MCIPN. 5 1 (14) ''inhabitanl" includes any person ordi nard y residing or canying on business, or owning or occupying immovable property, in any municipality; or in any local area which the State Government has, I - by ndti fication under this Act, proposed to declare to be n municipality; and in case of any dispute, means any person or persons declared by the Deputy Commissioner to be inhabitant or inhabitants ; '[(15)" municipal area" means the territorial area of a municipality as may be notified by the State Government and includes any territorial &a which forms part of a municipality at the commencement of the Haryana Municipal (Amendment) Act, 1994 ; (15A) llrnuhicipali~m" eans an'inslitution of self-government constituted under seclion 2A which may be a Municiapl Committee or a Municipal Council or a Municipal Corporalion ;] (16) "Nuisance" includcs any act, omission, place or thing which causes or is 1j kely to cause injury, danger, anmyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life I I or injurious to health, or propeny ; 3[(17 ) "occupier"i nclude&- - (a) any person wh~fort:h e time being is paying or-is liable to pay to the owner tbe rent for any portion of the building ., . orrlarid irirespect ofwhich such rent is-paid--oris payab. l.e ,;, , , ,,, .' , (b) an owner in occupation of his own building or land ; . - . (c] . a renr-free occupm t ; . . (d) ilicense$k occupalion of any land'or building ; and I . . (el any -person who is liable to pay.theo wner damages for the ; use and.occupation ofqanyla nd or buitding;] 3 [ ~ ~ 9 "d ) & ,ilrlm-- , , . . . , . (a ' ) whe ' nused. wilh ,r , e fe.r . e nc m e ,, to any building and land, , includes- '. -- . 1 , . . , - . , , 1. Substiruled by Haryana Act 3 of 1994. --. ... -. ... . , 2. 0rniited by ~ar-anAa& 1 of 2000. . , - , .. 3. Substiluted by Haryana Act L of 2001. ' M~JHKWA~ I1973 :H avana Act 24 (i) the person who receives the rent [hereof or who would be entitled to receive the rent thereof if the same - were let ; (ii) an agent or trustee who receives such rent on account , , of. the owner ; (iii) an agent or trustee who receives the rent of or is - entrusted with or concerned for, any premises devoted to religious or charitable $brposes ; (iv) a receiver, or manager, appoinred by any court of competent jurjsdiction to have the charge of, or to exercise the rights of an owner of the said premj ses ; (v) a mortgagee in possession ;a nd (b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or rhe .boat ;] I '[(19A)" population"m eans-thep opulation as ascenairied at the .) last preceding census of which the relevant figures have been published;] I (2O)"Public place" means a place which is open to' the use or enjoyrnent.of the,public whether or not private property and whether or not private property and whether or notvested in'the commirtee ; (21) "Public street" shall inem any street- '(i) heretofore level led, paved, metalled, channelled, sewered or repaired out of municipal or other public funds, un!ss,befores &h work was carried out, rhere wig an agreement with thk proprietor that the street should not thereby become a public street, or unless such work was done without the implied or express consent of the proprietor ; or (ii) which, under the provlsions,ofsecti.o . n.1 80, is declared .-, I by the committee to be, or under any other provision of 1 i this Act becomesia public street ; ' ! - (22jW~lemse"a ns the rules madeunder this Act ; . . . . 1. Inserted by Haryana Aci 3 of 1994. 1973 :H aryana Act 24 ] ~JNKIPN. 53 '[(22A) Slate Election Commission" means the State Election Commission constituted by the Srate Government under ariicles 243K and 2432A of the Constitlition of India ;] '[(22B) "Shamlat Deh" included - (I) lands described in the revenue records as Shamlat Deh or Shadat Tikkas ; (2) lands described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and used according to revenue records for common purposes or for thc benefit of the community or a part thereof ; (3) lands described as Banjar Qadim and used for common purposes according to revenue records ; (4) lands used or reserved for the benefit of the community including streets, lanes, playgrounds, schools, drinking wells or ponds ; and (5) lands belonging ro the Gram ~ancha~oaf la village the Abadi Deh of which has been included in a municipality , . , and where the Panchayat consists of more rhan one village. the lands belonging tolhe ~anchayaitn respect of that village or villages, the ~badi~ eh:'ofw hich has been , ., jncludcd in a muiicipality, but does not include land which- (i) has been allotted on quasi-permanent basis to a displace person ; (ii) has been acquired under the Displaced Persons (compensation and Rehabilit ation) Act, I954 (Central Aci 44 of 1954) or has been treated as cvacuee property under rh'e '~dninistraliono f the ~vauuee~ rbperAt~ci, ' 1950 ' (Central Act 31 of 1950) or is of composi te nature in which - evecuee and non-evacuec shares have not yet been separated ; , . (iiiJ has been parti tiqned and brought under cultivation by individual land-holders before the 26th January, 1970 ; 1. Insened by Haryana Act 3.0C 1994. 2. Insened by Haryana Act !7 of 1999. WKKIP~L 11973 :H aryana Act 24 (iv) having been acquired before the 26th January, 1970. by a person by purchase or in exchange for proprietary land from a co-sharer in the S hamlat Deh, is so recorded'in the j Jamabandi or is supported by a valid deed ; (v) is described in the revenue records as S hamlat Tarafs; pattis, pannas or Tholas and is not used according to revenue records for common purposes or for the benetit of the community or a part thereof ; (vi) Jies outsid? the Abadi Deh and is used as Gitwar, Bara, Manure-pit or house or for cottage industry; (vii) was Shamlar Deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in it on or before the 26th January, 1970 ; (viii) is used as a place of worship or for purposes sub-servient . thereto ;a nd J , - fir) belongs to the Gram Panchaiat of a village the Abadi Deh of whichhasnot been includedin a municipality and where the Parichiyit consists of mbre than one vijlage, the lands beloiiging to the Panchayat in respect of that village or villages, the Abadi Deh of which has not been included in a municipalily ;] (23)"Smet"s hall mean any-road,f ootway, square, court, alley or passagc, accessible, whether permanently or temporarily to the public, and whether a thoroughfare or not and shall include every vacant space , . , i i w it hstanding th.? it m...a y be property and partly or wholly ob&ucted by any gate, post, chain or other barrier, if, houses, shops or , . , other buildings abbut theon, and if it is-usedb y any person as a meens of access to br f_r. om.. any place or thoroughfare, whether such persons be occupiers of such buildings or not, but shd not include any part of such sp , ace , w hich the occupier of any such building has a righi at all hours to prevent all other persons from using as aforesaid; and shall include also the drains or prierst hekin; or on either side, and the land, whe'ikr covered or not by any pa. yment;-verandaho r brher erection, up to . . . . . .. the boundary of any aburting property nor accessible to the public ; .,.,, - , . , 1973 :H aryaoa Act 24 1 MUNKIPA'AI. 55 (24)"unbuilt area" is an area within the municipal limits which is declarcd to be such at: a special meeting of the cornmi ttee by a resolution firmed by rhe State Government, or which is fied as such by the State Government ; I[(34A)" urban area" means an area within the municipal l irni ts of a municipality ;] (25)"VehicIeUin dudes bicycle, tricycle and automolor car, and every wheeled conveyance which is used or capable of being used on a public street. '[(26) "Wards Committee" means the wards committees constituted by the State Government under section 34 of [his Act ; and (27) "waters eal latrine" means a latrinc with a minimum water scar of 20mm in which excreta is pushed in or flushed by water and is not required to be removed manually .] CEWPTER 11 MUNICIPALITIES - ' '[2A1 Classification and constitution of municipalities-- (I)T here Proccd~~rroer shall be constituted three classes of muiicipali ties in accordance with the dcclaring provisions of this' section as specified below :- municipality, (i) ll~unicipalC ommittee", for a rransi tional area' with population '[of not more than fifty thousand] '; jii) "hlurliciya'l Council F"I ii snialle~u rban area with 'I population4[of more than fifty thousand but less th4mt hree lacs] ;a nd (iii) "Municipal Corporation" for a larger urban area with popujation '[of three lacs or more], Lo be governed by a separate Act : ; , . , , , Provided that a municipality under- this section may not be constituted in such urban areas or part thereof as the State Government may, having regard to the size of the area and the municipal services 1. Inserted by EEaryana Act 3 oT'1994. 2. ,Inserted by Haryana ACI 12 of I979 and further substitured by Haryana Act 3 of 1994. 3. Insencd by Haryana Act 1,ofi OO1. ' . , 4. Subsrilu~cdb y Haryana Acr 1 1 of 2002. 56 MUNICPCL 11973 : Haryana Act 24 being provided or proposcd ~ob e provided by an industrial establishmen1 in that area and such other factors as il may deem fit, by nolification, specify to be an industrial township : Provided further that no military cantonment or part of a military cantonment shill1 form part of a municipality. Exp1anatio11.-ln [his sub-section, "a transitional area", "a smaller urban area" or "a larget urban area" means such area as the State Government may, having regard to the popuiation of the area, the density of the population therein, the revenue generated for local administration, the pereceritage of employment in nun-agricultural activites, the economic importance or such other factors as the State Government may dcem fit, specify by notification for the purpose of this section. (2) The Slate Government shall, by notification, constitute the municipalities and specify the class ro which a municipality shall belong I in accordance with the provisions of this seclion after observing ihc procedure as laid down irr section 3 : I I ,Provided that the the rnunicipali ties existing at the comenc,ement of the Haryana Municipal (Amendment) Act, 1994 and listed as Municipal Committee or as Municipal Council in the Schedule la this Act, wouid be decmed to have been constituted and notified as such, under and in accordance with the provisions of this section : . ' Provided further that the State Government may, after giving a reasonable notice of not less than thirty days of' its intent~ont o do so, amend ihe Schedule, by notification and declare any-MunicipalC ommittee as a Municipal Council or any Municipal Council'as a Municipal Cornmiltee.] ,.,',. ' Procedure for 3. [I) The State Government may, by noti'fication, propose any declaring local area to bc a municipality under this Act. municipility. 'Iproviso] ! 12) ~ve~'suncohtif ication shall define the limits of the local area to which it reIates. (3) A copy of every notification under this sec~ion,w ith a translation there of in such language as the State Government may direct, I- Omitted by Haryana Act 3 of 1994. ... , 1973 : Haryana Act 14 1 M~ICIPAL 57 shall be affixed in some conspicuous place in the court-housc of the Deputy Commissioner within whose jurisdiction thc local area to which the notification relates lies, and in one or more conspicuous places in thal local area. (4) The Deputy Commissioner shall certify to the state Government the date on which the copy and translation were so affixed and the date so certified shall be deemed to be the dare of publication of the notification. (5) Should any inhabitant desire to object to a notification issued under sub-section (I), he may, within six weeks from the date of its publication, submit his objection in writing through the Deputy Commissioner to the State Government and the Stare Government shall take his subjection into considerdtion. (6) When six weeks from the date of the publication have expired, and the State Government has considered and passcd orders on such objections as may have been submitted to it, the stale Government may, by notification,d eclare '[the Iocal area, for the purposc oft his Act, to be a municipality] . . (7) The State Government may, by notification, direct that all . or any of.the rules which are jn forcc in any municipality shall, with be such exceptions and:adaplations as may considered necessary, apply to the local area declared to be~municipalityu nder this section, and such rules shall forthwith apply to such rnunic,ipality without furth , e. r publication. (10) A Coin&rtee shall comk into exjstence at such time as the '' by State Government may. nbtificatiion, appoint in this behalf. [3A. The superintendence, direction and conh-01o f the pepamtion Shte'EIecrion of electoral rolls for, and theconduct of, all elections to the municipalities ~~mmis~i;in. shall be vested in the State Election Commission constituted under articles 243K and 243ZA of the corkitution of India in the manner as may be prescribed by rules: 1 "Wvidedt hat the State Election.Commission shall consult the State Government before announcing the date of elections so that the state 1. Substituted by Haryana Act 12 of 1979. 2. Ornilled by ibid. 3. Inserted by Haryana Act 3 of 1994. 4. Added by Haryana Act 16 of 2003. 58 .MLINICIPAL ,[I 973 : Haryana Act 24 Govemment may, if so requested by the State Eleqion Commission, make available to thestate Election ~ornmmissionsu ch staff as may be necessary , , . . for the discharge of the functions conferred on the State Election Commission under articles 243K and 2432A of the Constitution of India , , and this Acl.] 4. (1) The st& Government may, by ndtification, and in such Notification of intention to other manner as it may determine, declare its intention to inchde within after limits of a municipality any local area in the vicinity of the same and defined in the municipality- nolificatjo n. (2) Any in habitant of a municipality or local area in respect of which-a notification has been published under sub-section (t ), may, should be objict to thealtentim proposed, submit his objeclion'in writing through the Deputy Commissioner to the State'Govemrnenrw ithin six wecks from ' the publication of the notification;' and the State Govemment'shall take such objection into consideration. ' (3) When six weeks from the publication of the notification have cxpired, and the State Government has considered the objec~ionsi;f any, which have been submitted under sub-section (Z), the State Government ! I may. by notification, include the local arca in the municipality. I ' i41 When iny local area his been included in a &nicipdity 'under sub-section'(3;1t,,h is Act, and, exctptas thk ~tatk'Gbiremmenml ay, by norifieatibn, direkt otherwise, all notificitionk;'rulks; bj&kwi, order, Id ikc - iionf and powers issued made: 'dr conferred kiider' this Act and-in : force rhroughout wholc of the mubicipali ty ai thc lime, shall abply to such arca. Notificationof 5. The State Govemment may, by notification',a nd in'such other intention to manner as it may deem fit, declare its intenlion to exclude from a exclude lacal municipali. t); . a.n.y . loi..i. lr!?ieic ompris=d,t herein :and defined in rhe area from notificaiion. .<. .. .. . . . ~ m G un lu ic s ip j a o l nb ty f . : .I ,:.,,.-. . , . . . - ! .: 6 ., - , ., ' 1 (I . ) . . -in :, yi nh , a ,. b i . t a . n . .. t . : o .- . f . . a - . m . uni - i > p& -.- ty . o -- r ' 1 l& :.: a ' l , q .; , e m a - i n,respect,of local area from which a notification has ben published under section5 may, if he objects municipality. to the cxclgrion pqoposed, submit,his,object/oiin writing through the , , s Deputy Commissioner to the taie Govemment within six weeks,f rom ._ -&hepublicatioonf the notificationand t.h e State G.o..v emrgem shall take his ,, . - o , - b jectio .> n i . n to , c . o . n . s . i d -. e . rati , o n. - . - . ., . . . .. . _ . - , . , , , - ,, . -- . .., - - . , . ,.- [ . . --, -- - . * - . . , , .. , , , . :. .. , . ., . . ..> , , -. .. . , ; ,: . I : . , - . , ?, I , . - - . . . , ,. . . L 1973 :H aryana Acl24 1 M~~KICIP.AI, 59 (2) When six weeks From the publicat ion of the notification have expired and the State Government has considered the objections, if any, which have been submitted under sub-section (I,), the State Government may, by notification, exclude the local:&ea from the municipality. 7. When a local area is excluded from a municipality under ~ ~ f ~ c t o f sect ion 6- exclusion of local area From (a) this Act, and all notificiitions, ruIcs, bye-laws, orders, municipality. directions and powers issued, made or conferred under this Act, shall cease to apply thereto ;a nd (bJ the State Government shall after consulting the committee, frame a scheme determining what portion of the balance of the municipal fund and other properly vesting in [he municipal committee shall vest in the State Governrncnt and in what manner the liabilities of thecommitlee shall bc apportioned between the committee and the State Government, and, on the scheme being notified, the property and liabiljties shall vest and be apportioned . 1) accordingly. , .I 8. .(I],T he State 'Government may, by notification, dbolish any Power to . municipality declare under section 3. . .,. . . . abolish municipality. (2) When a notification is issued under this section in respect of any .inunicipaIity, this Act,.a nd all notifications, rules, bye-laws, orders, directions and powcr issued, made di. conferred under this Act, shall cease to apply to: the ,said municipality; the balance of the municipal fund and dl o,therp roperty at the rime of:t he. i,s s,ue.oft he.notificationv ested I in the commikee shall vest in the State ~overnmenatn d the liabilities of the committee shdl be tranferred to the State Goverment. ,,,,,:.t. :. , .-. , . . . ,.:. . ' .. - , . , I ;'. . . :,'. [(.3 )W here any ,FunicL~p,hitiiy, abbbblisheubn der sub-section . , (I)a nd su6sequ~nd)r hk area &m!prisirig the h&ikipality so abblishedis declated to be a Sabha.areaunder.su_b-secfio(nI )o f section 4 of the Punjab Gram Panchayat Act, 1952, the assets and liabilities tkferri=d ta in sub- section (2) shall vest in the Gram Panchayat of+he Sabha area from the dale of its establishment under section 5 of the Punjab Gram Panchayar Act. 1952. . ., . <, ;:,, ' 1. 1nsend 'by u , a , rya , ria Act 12 of .19f9. . , , . .. .L L/ ,. MUNITPAL 11973 :H aryana Act 24 Explanation- For the purposes of this sub-section,t he assets shall include all arrears of taxes, tolls, cesses, rates, dues.a nd fees imposed under this Act or any yuie or bye-law which fell due to the committee of the rnuncipality im.edigtely before the date of its abolition and the same shall be recoverable by the Gram Panchayat as if these were mars due to the Ram Panchayat.] ,, , , , , . . . Composition of Municipalities. ] Composition ?[9(.

I)T he municipalities constituted under section 2A shah consist of of such number of elected members not Iess than eleven as may be Municipalities. prescribed by rules. (2) Save as provided in sub-scxtion (3),a ll the seats in the municipality shall bc filled in by persons chosen by direct election from the temtorial constituencies in the municipal m a a nd for this purpose each municipal area shall be divided into territorial constituencies to be known as wards. l (3) In addition to person chosen by direct election from the territori a1 constituencies, the State Government sball, by no tificaction in the Official Gazette, nominate the following categories of persons as members of a municipality :- . , "!u - , , > , ,, . (ii) ,members of the House of the.Peoplea nd the Legslative - . ,Assembly.o fthe State, representing constituencies which ' cornprise:wholly or partly, the municipal ma ;,and - (iii) members of the Council of States,registeredkelectors " 5[Provided that the penon referred to in clauses (ii) and (iii) above shall not haveanyrig. ht to conteit for the'election ~f President or vice- , . president :] , , , . , .: . . , ! . 1. Substihlted by,Haqqa Act 3 of 1994. - , , . 2. SubstitutedbyHaqanaAct~3of.1994. . , . 3. . Omicred by Haryana Act 18 of 1996. , .. , , . - 4. Ornined by Haryana Act I8 of 1996. - 5. Added by HaryanaAct 3 of 1995 and Funher substituted by Haryana Act 18 of 1996 and funher substituted by Haryana Ac! 14 of 2000. 1973 : Haryana Ad 24 1 atu~rr~pnr. 6 1 Provided further that the Executive Officer in the-case of a Municipal Council and the Secretary in the case of a Municipal CommiItec, shall have the right to attend all the meetings of the rnunicipalj ty and to take part in discussion but shall not have the right to vote [herein.] '[lo. (I) Seats shall bc reserved for the Schedules Castes in every Resewanlion municipality and the number of scats so reserved shall bear, as nearly as sea's- may be, the same propotion to the total number of seats to be filled by direct election in a municipality as the polula~iono f the Scheduled Castes in the municipal area bears to the tola1 population of that area and such sears may be allotted to such wards having maximum popu~atlono f persons belonging to Scheduled Castes. (2) Not less than one-third of the total number of scats reserved under sub-section (I)s hall be rescrved lor women belonging to the Scheduled Castes and such seats may be alIotred to such rotation and by lots amongst the wards reserved under sub-secrion (I). (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled castes) of the total number of seats to be filled by dirsc~el ection in every municipality, shall be reservd for women andsuch seats may be allotted by rotation and by lots to different constitbcncies in the yunicipality exccpt those falling cder sub-sections I, I1 (21 and 14)- - r . . f4) '[Two seats in every committee] shall be rescrved for the - persons belonging to Backward Classcs which shall be allotted in such [emtorial co&rituencies as having maxi lnyn populalion of persons belonging ro Backward Classes. 3[(5)T he offices of presidents in thc municipalities shall be filled up from amongst the members belonging to the general caregory, Scheduled Castes, backwards classes and women by rotation and by Iots in the manner prescribed.] 1. S~lbsritu~ebdy Haryana Act 3 of 1994. 2. Substituted by Haryana Acr 3 of i996. -- , . 3. Substi~utedb y ~ a r ~ aAncat 3 of 1995. 4. Added by Haryana Act 13 of 1997 and further arnilred by Haryana Act 14 of 2000. MWICIPAL 11973 :H aryana Act 24 (6) The reservation of seats under sub-sections (I) and (2) and the reservation of office of the president other than the reservarion for I women under su b-section (41, shall cease lo have effect on the expiration of the period specified under article 334 of the Constitution of India. I (7) The reservation of seats under sub-sections (I), (21, (3) ! and (5) shall be reviewed after every decennial census. (8) The reservi~tiona s enumemtcd in this section shall be given cffcct to through notification issued at the time of each election.] ,.: * * * '[10A.I . . " . .. 1.: ' ?[11. (1) The tern of office of elected members shall be five years Term of ofice of members. from the date appointed for the first meeting of the municipalily.] (2) The term of the nominated member shall be co-terminus with the term of elected members. . , , , , (4) When as a result of an enquiry.heldu nder Chapter XIV, ' i, an order declaring the election of any member void has been made, such member shall forthwith cease to be rhe member of the committee. I Duration of l[12. (1) Every municipality unless sooner dissolved under any law ! ' for the time being in force, shall continue for five years from the dale elc. appointed for its first meeting : Provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution : Provided further that all municipalities existing immediariy before the comrnencerncnt of the Constitution (~kven~~-fourrh Amendrnen I) Act, 1992 shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the State Legislature. (2) An election to constitu~ea municipality shall bC completed,- (a) before the expiry of its duration specified in sub- - .. - . section (1) ; 1. Omitted by Haryana Act 3 of 1994. 3. Subslituled by Haryana Act 3 of 1994; , 3. Subslirured by ibid. 1973 : Haryana Act 24 ] - , M~INICIPAL 63 (h) before the exp~ration.o r a period of six months from the data of its dissolution : Provided that when the remainder of the period for which the dissolved municipality would have continued is less than six-mon ths, it shall not be necessary to hold any election under this section for conslituting the municipality for such period : Provided further that the first election lo a municipality constituted after the commencement of the Haryana Municipal (Amendment) Act, 1,994, may be held within a period of one year of its being notified as a municipality : Provided further that elections to the municipalities where no elected body exists at the' time of,commencemento f this Act may be held within a period of one year: .,, - - , . , . - , - I (3) A municipality constituted upon the dissolution of a rnunicipility before the expiration of i ts duralion shall continue only for the rirnaiider of the pcridd for which the dissolved municipality would have continued under sub-scction (1)h ad it not been so dissolved.] I .I t[(4) If a municipality is not reconslipted before the expiration of its duration laid down in sub-section (I);i t shall be deemed lo have , been dissolved on the expiry of the said duration and, thereupon, provisions of sub- section.^) of section 254 shall bc applicable.] . , 13. If a member of a committee wishes to resign his office,,hes hall Res~gna~~oto n submit an application in writing to the Deputy Commissioner. If such n~embero f resignation is accepted,i t shall be notified in the Official Gazerte on a dare commitlee. not less than fifteen days and not more than sixty days afrer the receipt of the said member's application,by the Deputy Commissi~nerw hereupon the member shall be deemed to have vacated his seat : ' Provided that if a member who has subrni tted 'an application to resign wishes to wi tiidraw his resignation, he may apply to the Deputy om missioner within fifteen dayys ,6f the receipt by the Deputy Commissioner of-liis'applicarion t6 resign, and the application to resign shall-then be dcemed to have been withdrawn. 1. Added byHaryanaAc~gof2000..- , 64 MWICIPAL 11973 :H argana Act 24 Diqualificauons [13A. (1) A person shall be disqualified for being chosen as and for for bei ng a member of a municipality- membership. , , (a) If he is so disqualified by or under any law for the I I time being in force for the purposes of election to the I Legislature of the State of Hayma : Provided that no person shall be disqulified on the - ground that he is less than twenty-five years of age if he had altained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the StaLe of Haryana ; (cJ if he has more than two living children : Provided that a person having more than two children, on or '(upto] the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified. (2) If any question arises as [o whether a member of a I municipality has become subject to any of the disquali fications mentioned I in sub-section (11, the question shall be referred for the the dec'ision of such author, ty and in such manner as may be prescribed by Ales.] Restriction on '[13-B. (I)N o person shall be an clected member of Committee, - - simuhaneOus mernbor of Legislative AssembIy of the State or member of Parliament . or double simul~aneousyl. Membership. I . (2) If an elected member of the committee is elecled to the Legislative Assembly or Parliament, as the case may be, he shall cease 10 continue as an elected member of the cornmi ttee from rhe date he is declared s elected to the Legislative Assembly or Parliament, as the case may be]. Powers of 14. (1) The State Government may, by notification, remove any ! State member of a cornmiltee- Government as , . to removal of (a) if he refuses to act, or become,^, in the opinion of the State rnembcrs. Government, incapable,of acting, or has been declared a 1 bankrupt or an insolvent by a competent court or has been convicted of any such offence or subjected by a criminal 1. Inscned by Haryana Act 3 OF 1994. 2. Substituted by Haryana Acr 15 of 1994. 3. Inscrted by Haryana Act 1 3 of 1997. 1973 : Haryana Act 24 1 ~WNICIPAL 65 court to any such order as implies, in the opinion of ihe State Govirnmen 1, a defect of character which renders him unfit to be a member; (& if he has been declared by notification to be disqulified for employment in, or has been dismissed from, the public service and the reason for the disqualification or dismissal is such as imp1 ies in the opinion of the State Govz~ni~t ~en a defect of character which renders him unfit to be a member :. (c) if hc has without reasonable cause in the opinion of thc State Government absented himself for more than three consecutive months from the meetings of committee ; [Id) 'If he fails to pay any amount due from him lo the commirtee wiLhin three months of the service of nolice making the claim, it shall be the duty of Lhe ?[ Executive officer and where there is no Executive Officer, the Secretary, serve such a noticut the earliesr possi blc LO date after the amount has &come due ;] (e) if, in the opinion of the State Government he has flagrantly abused his position as a member or the committee of has rhrough--h is riggligence or misconduct been responsible for'the loss, or misapplication of any money or property of the committee ; if he has, since his election or nomination become subject to any disqualification which, if it hadexisted,at the time of his election or nomination, would have rendered him ineligible under any law for the time being in form regulating the qualifications of candidates f& election or , hat nomination, or if it appears he was, at the time of his election or nomination subject to any such disqudi fication (8) if king a legal practitioner, he acts or appem in any legal procading on behalf of any person against the committee or on behalf of or against the State Government where in 1. Substiruted by Ilaryana Act 12 of 1973. 2. Substitured by Haryana Act 3 of 1988 and further subslitured by 15 of 19S9, MUNICVAL 11973 : Haryana Act 24 the opinion of the State Government such action or appearance is conrrary to the interests of the commi ttee : '[Provjded that no removal of a member shall be notified unless the matrer has been enquired into by an officer, not below the rank of an Extra Assistant Commjssioner, appointed by the State Government and ! the member concerned has been given a reasonable opportunity of being heard.] (2) A person removed under this section or whose election has been declared void for cormpl practices or intimidation under the provisions of section 272, ] shall be disqualified for I[ election for a period not exceeding '(six) years. Suspension of l[14A. (1) The Director may, suspend any member of a committee members. wherc- (a) a case against him in rcspcct of any criminal offence is under investigation, enquiry or hial, if in the opinion of the Director the charge made or proceedings taken : I against him, are likely to embmass him in the discharge of his duties or involves moral turpitude or defect of a character ; (b) during the course of an enquiry for any of the reasons for which he can be removed under section 14, after giving him a reasonable opportunity of being heard. (2) Any member suspended under sub-section (I) shall not take part in any act or procecdings of the committee during the period of suspension and shall hand over the records, money or any other properry of the committee in his possession or under his control- (i) to presidentlvice-president, as the case may be ; (ii) in c&e bath the and $ice-president are suspended, to such person as the Director may appoint in this behalf : I Provided [ha[ [he suspension period of a inember shall nut exceed six months from the date of issuance of suspension order except in criminal cases involving moral turpitude. I 1. Omitled by Haryana Act 12 of 1979. 2. Subsritured by ibid. 3. Subsfitutedb y Haryana Acl3 of 1g94. 4. Insened by Haryana ACL1 8 of 1998. 1973 : Haryana Act 24 ! MLIKKIML 67 (3) Any person aggrieved by an order passed under sub-scction (1) may, within a period of thirty days from the communication of the order, prefer an appeal to the Government.] / I - 15. (1) Whenever a vacancy occurs by the death, resignation or Filling of removal, or by the vacation of a seat under the provisions of sub-section casual (4) of section 1I , of any member, [[the vacancy shall bc filled within 3(six vacanccis~ months] of the occurrence of such vacancy] in accordance with the provisions of this Act and the rules. (2) Every person eIected or nominated, to fiI I acasual vacancy, or shall be elected or nominated to serve the remainder of his predecessor's rerm of ofice. >[16. Every municipality shall be a body corporate to be known ~ncorporoiion as by thenmeofMunicipa1 Council orthcMunicipalCommitteeofi~ of municipal area and shall have perpetual succession and a common seal. mun'cipa"t~~ with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act or the rules, to transfer any prop&y hcld by it,-toc ontract ikd to do all other thinkgs necessary for the purposes of its constitution :'and may sue and be sucd in its corporate name.] , . . . 17. Every~sonernployedbythecomitteewhetherforthewhole EmpIoyecs orpartofhis time and every memberofthecommitteesha~bl e deemed to and members bc a public servanc within thc meaning of section 21 of the Indian Penal to bc public servants. Code, 1860. President and Vice-Presidelit "18. (I) Every Municipal Committee or ~unici~Caolu ncil shall, Elmtion of from time to time, e-lecto ne of its ~[electedm] embers ro be president for Vice- such pkriod as may be pr&cibed, and the mwber so elected shall become Raiden[, president of the Municipal Committee or Municipal Council : Provided bat the off ice df the in Municipal Committee and Municipal ~ouncil~'~hbae lr1es eked for Scheduled Castes and women . in accordance with the provisions made in section..la: - 1. Substiruled by Haryana Act 12 of 1979. 2. Omittd by ibid. 3. Substituted by ibid. 4. Subs~i~utebdy ibid 5. Substituted by Haryana Acl 18 of 1996. MUN~CPIIL 11973 : Haryana Act 24 Provided further that if the ofice of president is vacated during his tenure on'account of death resignation or no confidence motion, a fresh election for the remainder oft he period shall be held from the same category. (2) Every Municipal Committee or Municipal Council shall .also, from time to timc, '[elect one of its elected members to be vice- president] : Provided that if the ofice of the vice-president is vacated during his tenure on account of death, resignation or no confidence motion a fresh election for the remainder of the period shaI1.k held. '[(3T) he term of ofice oft he vice-president sha I1 be for a period of five years or for the residue period of his office as a member, which- ever is less.] Resignation of 3[20 (I) The Prcsidcnt or Vice-president may resign his office by president Or lendering his resignation in wriling lo the Deputy Commissioner. Such vicc-presidcnt. resignation shall, unless kirhdrawn, within sev,cn days from the dale of II I teqdering the resignation, be deemed to have been accepted.] ! (2) Nothing in this section shall affect the provision of section21. .. ... . Malion or no . , 21. (1) A motion of no-confidence against rhe president or vice- confidence president may.be mhde in accordance with the procedure laid 'down in agains~ the rules. President nr Vice-president. (2) The Deputy Commissioner or such other officer not below the rank of an Extra Assistant Commissioner, as thc Dcpuly Commissioner may au thoried, shall convene a meeting for the consideration of the motion , . , , referred to in sub-section (11, in the manner 1-d down in the rules, and . . shall preside at'suchm eeting. , . , I . , . , . . (3) If the motion is carried with the suppoa.of [[not Iess than two-thirds of the elected members] of the comrnittee,'the president or vice- deemedtt president, as the case be, shali be, have vacated his office. , , . - 1 . 1. Substituted by Haryana Act 3 of '1995. 2. Omitted by Haryana Act 3 of 1994. , , 3. Subsiiluted by Haryana Act 12 of 1979. < . !, . 1973 : Hnryana Act 24 1 , MUNICIPAL 69 (4) If a no-confidencem otion is passed against the president * and the vice-president simultaneously or otherwise, rhe Sub-Divisional Officer (Civil) of the area in which the municipalily is situated or any other officer not below the rank of an Extra Assistant Commissioner autharised by the Deputy Commissioner shall henceforth exercise the powers and discharge the functions of the president till thc elction . '1 1' , of a president is notified or a vice-president is elected. ' (5) A meeting referred to in sub-section i2) shall be presided over bG the Depuly Commissioner or the officer authorised by him but neither he nor such officri shall haw the right to votc at such meeting. 22. The State Government may,-ata ny . ri . m e, by nqrification rcmovc Removnl of a president or vice-president from his officc on the ground of abuse of his presided vicc-president. power or of habi tual failure to perform his duties : ' [ Provided that no removal of the president or vice-presidcn~ shall be notified unless the matter has been enquircd into by an officcr, not .below the rank of an Extra Assistant Commissioner appointed by . the Stare ~ovekmenta nd the preside"t or vice-president,, as the ese . of bc, may has been given reasonable oppflortuni ty being heard.] 3[;?2A. (1) Director may suspend presidcnt'br vice-president of a Suspnsion or commiccee where- . . . presidenl or vice-prcsidcqt. - (a)' a case against him in rcspect of any criminal offence js under investigation. enquiry or trial, if in the opinii,no f rhk Direccor the charge made or proceedings taken against him, are ligcly to emb-ss him in the discharge of his duties' or involves moral turpitude or defect of a character ; . , (6) a case against him in respect of the grounds of removal mentioned under sectinn 22,is:under enqniw, after giving , , him a reasonable opportunity of bking heaid. ,, , . , (2) Any president or vice-prcsident, as the casemay be, suspended under sub-section (I) shall not take part in any act or.pr~eeding of the committee during the pcriod of suspension and shall'hando ver the ..... ....... . . ... > . I. Substituted by Haryana Act 12 or 1979. . .. 2. Omitted by Haryana Act 3 of 1994. 70 MUNICIPAL 11973 :H aryana Act 24'.: r,ecci.ds,m oney or any other property of the cornmiltee in his possession or under his control- , &- (i) to vi'ce-president if he'is president ; (ii) to . . if he is ~irn-~r&iden;a t nd : , , (iii) jn case both the president g dv ice-president are suspended, ,:; to suc ' h, : per . son'as the ~irictomr ay appoint jn 1h;s behaif : ' , Provided that the suspension period of presiden~o r vice- president as the case may be, shall not exceed six months from the date of . issuance of suspension order ,except in crirnihd cases i,nvoIving moral , " turpirude. " ' (3) Any person aggrieved by an order passed under sub-settion (I) may, within a pgriod df ihirty days from theco'hunicatiori of the order, prefer a- n appeal to the Govemment .] .' ' ' f a 1[23. -----------------. 1, '[24. (I)E very election or nomination of a rhember and elecuon of Nr~tificariono f elmrim and a preiident of a Municipal Commitiee or ~unici~Caolu ncil shall be nominations. notified in the official Gazerte and nq member shall enter upon his duties until his kle~tion.~[' ] has been' so notified and until,'. -' notwithsranding anything cont+efi. in,t he Oaths Act; 1969 3[glecred , , . .. rnemben has taken or made] at a meeting of the ~ u n i c ic~odrn mi tiee or . , Municipal Council an oath or affmarion of hi-allegiance to Inha and the . , . Consti tition af 1hdia ih the followin$o~,'namely :- . , . , .I ' ''I'AB, ,having bee& diected5( , . J ) . m ' ernbcr of a df: , . ~unici~Calo'm mi~te?o r:~~nicifi{l:~ouncil do ,?:. solc&ly swear (or afilmj that. G4,1l be,f kthfull and bek'ouea llegiance , I to India and the Constitution of ~ndiaa s by law ,esrabli&cd and I will faithfully, discharge the duties upon which I am about rt, enler. (2)~ver~elec~on0famembershallbenotifiedintheOfficial ' ~azetteb yrrheS late election'~ommis~oann d eveiy election of a president shali be not'if=d thestate ~6~ernmeinn tih k'bficial Gazelle within thirty days from the date ,of declaration of<th e I-esult of such election, and if no notification is issued within the said period: the election shalkbe deemed:to,haveb een notified:. , . - - dI' ' ,. . . 2 1 . . O Su r b n s i t t i i tu d l b ed y - b H y & ib y i a d n . a ~ c3 otf 1994. -- . , ..-. , .. . , -- .,I . - , . . . , . . . . - - 3. Subsiiruted by Haryana Act 3 of 1995,. , .. r.. , , ,.-. . . ; , ' 4. Omilted by ibid. -,.-! I 5. Omi~tcdb y ibid. ' [(3) If any such person omits or refuses to take or make the oath or affirmation as required by sub-section (1) within three months of the date of noii fication of his elec~ionh, is election shall bc dcerncd to be invalid for any reason which ir may consider sufficient unless the State Government, extends the period within which such oath or affirmation may be taken or made. . 1;. , : (4) If an eIection is deemed to be invalied under the provisions of sub-section 131, a fresh election shall be held.] Condrict of Business 25. (1) Every comrnitte shall meet for the trnnsaction of business Time for at least once in every month at such t/me as may, from time to tim.e . , , b e holding 6xcd by thc bye-laws. meetings. (2 1 The president or, in his absence or during his incapacity 10' atrend to his duties or during the vacaky of his office, the vice-pesident may, whenever he thinks fit and shalt, within a period of ten days from the da~eof receipl of a requisition signed by not less than one-fifth of thc total number of members of the committee. convcnc ci ther an ordinary or a special meeting at any other time : Provided that the requjsi tion shall specify the purpose For .w . hich the meeting is to bc hcld: . . (3) If the president or-the viceLpresident fails to convene a mee~ingo f the committee within a period of ten-days horn the date of receipl or such requisition the members who signed the requisition may request thc Deputy Commissioner to convcn,c the meeting. -(4)T he Deputy Commissioner ori receipt of request ,under sub-scction (3) shall within a pefiod of ten days from the date of such request either himself convene the meeting or designate any other officer for this purpose. , - (5) ~.fne'eting'fefeiketdo ihiuti-sektib;n (4) shall be presided over'by the put^ Commiisioner or the &cer designated by him, but neither he nor such ofi%gr:shall'ha+d'ther ight to vote at such meeting. . - 26.' (1) Eve . , r .. y L, ' m : e . e ting of a . c . o .. , I , m . m - . . . i . t ' t ee I sh , all be either ordinary or Ordinary and special. specid . , rnetings. 1. Subslituled by IIaryana Act 3-of 1995. - ' ' - . . - - - .. 72 , MUNICIPAL 11973 : Haryana Ac! 24 I (2) Any busir~essm ay be transacted at an ordinary meetings unless required by this Act or the mlks tto be mnsact,eda t a special meeting. (3) When a special and an ordinary meeting are called for the same day the special meeting shall be held as soon as the necessary quorum is present. 27. (I) Thc quorum necessary for the transaction of business at a Quorum. special meeting of a committee -shall be one-half of the number of the members of rhe committee actudlly s,erving at the time, bur shall not be less than three. (2) The quorum necessary for,thet ransaction of business ar an ordinxy ineeting of a cohtiee shall 6e'such number or 'propoition of the members of thic ommittee as rn=y,.frornt ime to time, be fixed Gy the bye-laws, but shall not be less than three : Provided that, if at any ordinary or Special meeting of a commitke a quonun is not present; the chairman shall adjourn the meeting to such other day as he may rhink fit, and the bisiness'which would have been brought before the original meeting if there had bekn a quorum present shall be &ought before, and tian'sactcda t, thc adjolimed meeting, whether there be a quorum present thereat or not. - Chairman of 28. ~t'-evermy eeting of a committee the president', if present, or, meeting. in his absence or during the vacancy of his office thc-'[' ] vice- president present, and if there be no president or vicc president present, then such .one of the members as ithe members present may elect, shall preside as chairman. :. Votc of 29. Except~aso thewise provided by this Act or -the rules., all majoricy questions which come before any meeting of a committee shall Qe decided decisive. by a majority of ,the,yoteosf the members present, and in case of an equality of votes, the chairman of . he. meeting,s hall have a second or casting vote. .- , 30. (1) Minutes of the proce~d~ngahse ach meeting of a committee Record and - a tb publication of shall be drawn up and recarded in book bekeptf&t he purpose, shall proceedings. be signed by the chairman of the meeting or of the next ensuing meeting, may shall be published in such'rnanner as the State dovemmen t direcr, and shill, i! dl-reasonableh rnes and with& dharge. be open to insbhon .. by any inhabitant. . ., . - - . . - . 1. Omined by Haryana Act 3 of 1994. , 1973 :H aryana Act 24 ) hftl~llrI.P A L 73 (2) A copy of every resoulution passed a1 any meering of a comrnirtee shall within three days from the date of the meeting, be forwarded to the Deputy Commissioner. 31. The State Government may, for all or any of the committees, Bye-laws. provide by bye-laws consistent with this-Act and with the rulers for- (rr) the time and place of iu meeting ; ' (b) the manner in which notice of ordinary and special meetings and adjourned meetings shall be given ; (c) the quorum necessary for the transaction of business ar ordinary meetings ; (dl the conduct of procedings ar meetings and the adjournment of meetings ; - (e) the cusrody of the common seal and the purposes for which it shalI be used ; Ifl the appointment of sub-commirtees and their duries, the division of duties among the members of the committee and the powers to be exercised by such members as are primarily responsible for current executive administration, whether president, vice-presidents, members of sub- committees or individual members ; (g) thc persons by whom receipts shall be granted on behalf of the commi~teef or money ~eceivedu nder rhis Acl ; (?I j dli: condition on wI\ich regisre~~s,dxmenims,a ps and plans of the committee may'b e inspected by the public and copies thereof supplied, and the fees payable for such inspection or for the supply of such copies ; . . (i) the appointment, duties, executive powers, leave, suspension and removal of& nployees of the committee ; (k) appeal from executive orders of sub-commirtees, the president, vice-president, members and employees of the committee ; (I) all other similar mattcrs. 74 .MUNIC[PAL [I973 : Haryana Act 24 Delegation. 32. (I) The StatcGovernmenr may, by notification dclesaie all or any of i ts powers under this Act except the power to frame forms or ma kc rules under section 257 to any person. (2) The State Government may by notification delegate to any officer not below the rank of an Extra Assistant Commissioner all or any of thc powers conferred under this Act on the Deputy Commissioner. (3) Every delegalion of power under sub-section (11 or sub- section (2) may be subject to such restrictions and conditions as may be specified in the notification. Dclega~iono f 33. (1) Notwithstanding anything contained in this Act every certain powers committee may subject to the provisions of section 49;with the previous and undcr [he sanction of the State Government by resolution, delegate- committee. (a) to the president, vice-president '[the Executive Officer, the Secretary or a su b-committee] all or any of the powers conferred upon the cornmi ttee by sections 40,85,88,90, 109, 110,113,116,117(1), 118, 119,120,121, 122, 123, 124, 125, 126, 128, 130, 131, 133, 134, 135, 136, 137, 143,145, 146,'148(b) and(&), 172(c), 173, 174(1) and(2), 181(2), 182, 387,188,209,218 to222,224,225,226 and 235 ; (b) to the Health officer, I[* * *] all or any of the powers conferred upon the commitiee by sections 40, 117, 1 19, 120, 121, 122,,123, 124; 125, 126, 132, 133, 134, 137, 145, 146, 147, 148(b) and (c), 149, 151, 157, 160, 194, 218,219,220(b), 321,333,2?5 and 326 ; . (c) to the Municipal Engineer '[ * * *I the powcrs confemd upon rhc committee under section 209 and under section 208 except to the extent that composition under that section shall require the sanction of the committee ; , in respect of all or particular classes of cases arising under lhese sec [ions and for the whole or any.parlo f the municipality and may, by resolution, wilhdraw the powers sd delegated. , . (2) The delegation by the comrnjrtCe of any power under sub- be section (I) may made subject to the condition that all or any orden 1. Substituted by Haryana Act 3 of 1988 and further substituted by Haryana Act 15 of 1989. 2. Insefled by Haryana ACL3 of 1988 and furiher omitted by Haryana Act 15 of 1989. 1973 :H aryana Act 24 ) hnIwlcfr~ I- 75 made in pursuance of such delegation shall be subjecr to the right of appeal to, or revision by the cornmittee within such period ;IS may by byc-law be prescribed. l[34. (1) The State Government may constitute wards Committees Constitution consisting of one or more wards within the territorial area of a municipality and having a popularion of three Iakhs or more in the manncr.,as may be composirion of Words prcscri bed by rules. Committee erc. (2) A member of a municipality representing a ward within [he territorial area of the Wads Comrnitte shall be a member of that Wards Cornmiltee. - , (3) Where a Wards cornmi ttee consi tsls of- "(u) one ward, the meinber representing rhat ward in the municipality or '; (6) rwo or more wards, onc of the members represenling such wards in the municipality elected by thc members of the Wards Committee, .' ', : shall bc the Chairperson of that Wards Commjtlee. (4) The Wards Committee constituted undcr this section shall be enwsted with such powers and functions as may bc prescribed by rules]. 35. (1) On the occurrence or threatened occurrence o la ny event Extra ordinary involving or likely to involve extensive damage to property or danger to powers of human life or grave inconvenience to the public,' the president or the presidenr or vice$residcnl ?[Executive Officer] or,' in the absence of't he president or durini the in case of vacancy his office, a 'vick-'presidenr, may, if in his opinicih [here is an emergency. emergency necessi rating action before the matter can be considered by the committee, direcr the execution of any such work or [he doing of any such act which the committee is impowered to execute or do, as the emergency shall in his opinion justify or require, and may direct that the expense of e,xccutifig such work or doing such act be paid from the mu~icjpaflu nd : . , Provided that every such action '1" * * ] shall be reported to the committee at j ts next meeting. . . , . 1. Substituled by Haryana Acl 3 of 1994. 2, Substituted by ~a;ana Act 3 01-1938 'and Furrher substituted by Haryaqa Act 1989- 3. Omitted by Haryana Act 12 of 1979. 76 ML~WC~PAL 11973 : Hsryana Act 24 (2) The president or vicc-president or [Executive Officer] shall not act under this section in contravention of any order of the committee. i (3) The president or in his absence or during the vacancy of I his office a vice-president may prohibit, until the matter has been ! considered by rhe comrni ttee, the doing of any act which is in his opinion 1 undesirable in the public interest; provided that the act is one which the committee has power to prohibit. (4) No dircction given under this section shall be quesrjoned in any court on the ground that the case was not one of emergency. Joilll comtnirtees , b Joint 36. A committee may concur with any other committee, or with committees, any Zila Parishad, or with any Panchayar Sarniti, orwith any Canronment authority, or with more than one such Committee, Zila parishad, Panchayat S;vni ti or authority in appointing out of (heirr espective bodies a joint commi tree for any purpose in which they are joint1y interested, and in delegating to any such joint commjrtee any power which might be exercised by either or any of the committees, Zila Parishads, Panchayat Satnitis or authorities concerned, and in kaming or modifying regulations as to the proceeding of any such joint cornminee, and as to hec onduct of correspondence relating thereto. Defects in consrirution,and irregularities Vacancies and 37. No act done or proceeding taken under this Act shall be irreguIarities questioned on the ground m&l y of the existence of any vacancy ,in any no[ to invalidale committee orjoinr committee, or on account of any defect or irregularity pr~czzilings. not affecting the merits of the case. Employees Consli~uliclno f - 38. 2[(1)T he state Government may, by notification, constitute ' Municipal Municipal Services including those of ~xecutiveO fficers, Municipal Services. Engineers,'HeaIth Officers and Secretaries at the State leveI and onc or more other Municipal Services at the district level, in connection with the affairs of the municipalities, rechitment to which may be made by the Slate Government, the Director and the Deputy Commissioner as provided in the rules.] .I. Subsututed by Haryana Act 3 ~f 1988 and furlher substitured by Haryana Act 15 of 1989. 7. Substitu~edb y Haryana Act 1 3 of 1994. 1973 : Haryana Act 24 1 MUNlCIP,lL 77 (2) The establishment charges and the salary. allowances, '[provident fund, pension and gratuity] of prsons recruited to the Municipal Services constituted under sub-section (I) and apppinted in a municipali ty shall be payable from the municipal fund. (3) The Stare Government shall have the power- (a) to determine the strength of the Municipal Services constituted under sub-section (I) and their cadres ; (b) to detennine the strength and categories of personnel required by each municipality ; and (c) to make rules regulating the recruitment, and pay, transfer and other.conditions of service of persons appointed to the said Services. 39. (11 Nothing contained in the Punjab Public Service Savingas to Commission (Additional Functions) Act, 1955, shall be deemed to apply first to, or to require consulcation with the Haryana Public Service Commission appointments. in respect of, first appointments to the Service by way of integration. (2) The first appointments referred to in sub-section (I) shall be made in accordance with the rules made under this Act on the recommendation of a committee to be constituted by the State Govemment in his behalf. 40. (1) Subject to the prov~sionso f this Act and the mles and Other bye-laws, a committee may, and if so required by the State Govemment sl~alle, mploy other employees and may assign to such employee such ~emunerationa s it may think fit, and may suspend, removes, dismiss, or otherwise punish any employee so appointed. (2) Subjectto the provisions of this Act, thcStateGovernrnent may prescribe a code of service rules for employees of the cornmitees in the State of Haryana relating to qualification, pay, allowances, dismissal, removal, suspension, leave, conduct and discipline, provident fund, travelling dlowance and other cognate matters : Provided that the State Government may for reasons to be recorded in writing exempt any comiatee or class of committees from the operation of the provisions of this sub-secion. I. Substituted by Haryana Act 14 of f 992. MUNICIPAL I1973 :H arynoa Act 24 Special . 41. Nothing in this Act shdl pmvent the State Government from provision for making any provision in the rules for the reservation of appointments to reservation of Municipal Services or other posts referred to in section 40 and to lay down posts for . scheduled methods to secure such reservation in favour of the members of the Castes and Scheduled Castes and such olher backward classes of citizens as in the backward opinion of the State Government are not adequately represented in the 'lasses- 'Ic. Services under the committees. ExpIanatr'on.- For the purposes of this section, the word "appointments" shall be deemed to include appointments by promotion. Power to 42. If in the opinion of the State Government any employee of the demand committee is negligent in the discharge of his duties, the committee shall, Punishmcnt or on the requirment of the State Government, suspend, fine or othenvise dismisal. punish him; and if, in the opinion of the State Government he is unfit for his employment, the committee shall dismiss him. Fou,er to 43. If, in the opinion of the Deputy Commissioner, the number of i prevenl persons employed by a committee or whom the committee may propose in to employ as such, or the remuneration assigned by the cornminee to 1 I cstablishmems. those persons or any of them is excessive, the committee shall, on the requirement of the Deputy Commissioner, reduce the number of those persons or the remuneration, as the case may be : Provided that the committee,m ay appeal against any such requirement to the State Government and the decision of the State ~ovemmenot n aiy such appeal shall be final. Contribution of 44. (1) Ef an employee of a committee is a person,in the service pensionmd oftheStateGovemmenttheco.mmitteemay- - leave allowances. (a) if his services are wholly lent to it, make such contributions to his pension, gratuity, and leave allowances as may be required by the conditions of his service under the State Government, to be paid by him or on his behalf ; (b) if he devotes only apart of his time to the performance of duties on behalf of the commj ttee, con-b-ibutet o his pension gratuity and leave allowance in such proportion as may be determined by the State Government. 1973 :H aryana Act 24 1 MUNIC~P~L 79 (2) With the sanction of the State Government the commttee may give an extraordinary pension or gratuity- (a) to any employee inj&d in the execution of his duty ; (b) to the family of any employee who is killed in the execution of his duty or whose deah is due lo devotion ro duty. , (3) A pension, grautity or annuity shalI not exceed rhc sum to which such employee or his family would be entitled if the service had been sevice under the State Government. 45. (I) Lf a person serving or having served under a committee Pension. ctc- in has been or is transferred from or to the service of the State Government of service or is partly employed by the State Government and p d yb y a committee, partly under the the committee, shall make such contributions 10 his pension and leave G~~~~~~~~~ allowances as may be required, by the conditions of his service under the and panly State Government to be paid by him or on his behalf. under Committee. (2) 'In the absence of a written contraa to the contrary, the committee may revert such person to the State Govelnment by giving the State ~ovehmento.n 6 month's previous notice. , . m 46. (1) In the absence of a written contract to thecontrary every Notice,before person employed by a comrnjt ree shall be entitled to one months notice disch~e. before, dischvge or to ,one month's-w ages in lieu thereof, unless he is discharges during a period of probation or for misconduct or was engaged for a specified term and discharged.at the end of it. , , ,, . . , . (2) 'should any employed by a committee, in the absenceof a written contract authorizing him so to do; and withobt . ,, ,... reasonah caus'e resign his em&ment br absentd himself from his duties without giving one month's notice to the committee he shall be liable to forfeit a sum not exceeding onk month's wages out of any wages due'to him, and if no wages or less than one month's wages, are aue to him, hi shall be Iiable to a penalty not exceeding wages for one month or an amount equal to the diffemce between one month's wages and the wages due to him, which shall be recoverable in the manner provided in section 95. . . 80 MUNICIPAL I1973 :H aryana ~ c l 2 4 '[Applicarion nf 47. The- provisions of the '[Haryana Essential Services Hary"naAc'40 (Maintenance)Act, 1947lshall beapplicabletotheemploymentofpe~ons of 1974.1 under any committee engaged in connection with - I I , (a) Scavenging or cleansing stnets or premises 1I (6) maintaining, repairing, cleansing or flushing drains. (c) removi& or disposing of exerementitions or pollu ted matter from houses, latrines, privies, urinals or cesspools. - Id) removjn g carcasses, ' (e) preventing nuisances (f) street lighting and maintenance of power installations, (g) fire fighting, (11) mAntenance of municipal water works, drains. o:r pumping stations. ,, Membcrs no1 to ,48. A person shall. so long as he is, and for twelve months after I beappointed as hehasceasedtohamember,k&squalified fo~@ingappointe.dtoany I -A I .I paid office under a committee. L I Contracts 1 ' , , Authority lu '[49. Any rnuincipaliiy may subject to the rules and-provision of contracl. section 50,d elegate to one or moreof its members the power of entering on .its behlaf into any particular,c ontract or into any class of such contracts.] , ,<, A , Mode of 50. '[(l)'.Everyc ontract made by br behalf of the municipality executing whereof the'v alue or arnounr exceeds five hundred rupees, shall be in contrac' and writing and must be sign,edb y twb,members, of whom ,fiep resident or transfer of vice-president shall be one, and also the Executive Officer or the Property. ~ , e c . r k to~f t'h e muni , c . ipality, a ; th. e c , & I =' I m .. ay b . e. " , , , , (2) Every transfer of immovable,p roperty belongng to any I . ' municipality must be made by an ir&unent in'kritinge xecuted by the president orvice-presi . d e * n t. o.f the &unicipality, and Ex .- e * c u.! tive Officer or ., ' Secretary of the municipality, as the case maybe:] I . . (3) No contract or transfer of the description mentioned in this section executed otherwise than:in conformily with the provisions of this section shall be binding on the cdmmittee. , , I. Substibted by Haryana Act 3of 1994. 1973 :H aryana Act 24 ] MUNICIPAL 8 1 51. (1) If any member or employee of a committee or of a joint Pcnalty on committee, without the previous permission in writing of the Deputy mcmber or Commissioner voluntarily renders himself interested in any conmct made employce being I inlercstd in within that committee, or if within one month of his becoming interested any conuact ' in any such contract he neitherresigns nor obtains the permission in writing mde with a of the Deputy commissioner for his remaining a member or employee of committee, the committee inspite of his-interesti n such contract he shall be deemed to have committed an offence under section 168 of the Indiari Penal:Code, 1860 : , , Provided that for the purposes of rhis sub-section aperson who has been elected or nominated but whose election or nomination has not been notified shall be deemed lo be a member. -- (2) No member, or employee of a committee or a joint committee shall by reason only of his being a shareholder in,-or a member of, any corporated or registered company,b e held to be interested in any contract entered into between the said company and the commirtee or joint committee; but,no such person as aforesaid shall take ,pa? in any proceedings of the conxiittee or joint cornhittee relating to any such conmcts. , , Privil ligus and Liabilities 52. No suit shall be instituted against a committee, or againstan , y . Sui~ag ainst employee of a committee, in respect of any act purporting to be done in commitlee and its or his official capacity, un ti1 the expiration of one month next after his employee. notice in wri ti hg has been, in the case of a c,ornmit lee, delivered or left at its office, and in ihe case of an employ&, delivered to him-or left at his office or pIace of abode stating the cause of action and the name and place of abode of the intending plaintiff, and the plaint must contain a statment that such notice has been so deliveied or left :, . prodded that nothing in this section apply to any suit instituted under section 38 of the Specific Relief Act, 1963. 53. No civil court shall grant my temporary injunction or make Bar of any interim order- jurisdiction of , , --A civil courts. (a) reshining any person from exercising the powers or - performing the functions or duties of apresident or vice- president, member or employee of a committee on the ground that such person has not been duly elected nominated or 'appoinred as such president, vice- president, member or employee ;o r . . . MLTNICPAL 11973 :H aryana Act 24 (b) restmi ning any person or persons or any commi t tee from holding any election or from holding any election in any particular manner. Protection of 54. No rui t, prosecution or other legal proceedings shall lie againsr action takcn in any cornjni ttee or against any employee of a cornmi tta or against any good, faith . person acting under and in accadqnce with heh erectians of any such committ.o~r employee or-ofa Magistrare in respect of any thing which is in good faith done or intdnded ro be done pursuance of this Act, mles and bye-laws. Liability of 55. (1) Ever-y person shall be liable for the loss, waste or members of misapplication of any money or other property belonging to a committee, committee. if such loss, waste of misapplication is reported by the Examiner of Local Fund Accounts, or other avdit authority empowered by the State Government in this behalf to ,ka direct consequence of his neglect or misconduct in the performance-.of his duties while a member of the cornminee;

and he may after being given an opportunity, by notjce served in the manner provided for the sepice-ofs umones in the Civil Procedure Code, to show cause by written or oral representation why he shouId not be required to make good the loss, be surcharged with the value of such property or the amount bf such money by the '[Pirector] and if the amount is not paid within fourteen days from the expij of the period of appeal prescribed by sub-section (21, the'collector at therequ=St of the 'mirector] shall pioceed forthwith to recover the arnoiinfs as if it were an amear of land revenue and have it ckdited to the municipal fund. . . . , ,. , , , .', (2) The.persona gainst whom an order under sub-section (1) is may, within thirty days of the notification of such order, appeal made, to the State Govmment who shall appoint an officer to hear the appeal; and the ap~llataeu thority shall have the power of confirming, modifying or disallowing the surcharge : Rovided that no person shall under this scction be called upon to show cause after the expiry of a period of four year from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member: , ,. provided further that nothing in this section shall be deemed to debar the aggrieved party from seeking rerriidy in a civil court against an order made under sub-section (I). 1. .Substituted by Haryana Act 15 of 1994. 1973 :H aryana Act 24 I MUNICIPAI. CHAPTER TV MUNICIPAL FUND AND PROPERTY 56, There shall be formed for each munjcipali ty a municipal fund, Constitu~iono f and there shall be placed to the credit thereof- municipal fund. (u) all sums received by, or on behalf of the committee under this Act or otherwise ;a nd (b) the balance, if any, standing ar the credit of rhe municipal fund of the municipality at the commencement of illis Act. 57. (I) The committee shall set aptpart and apply out of the municipal Applicatic~no f fund- fund. (a) firstly, such sum as may be required for the payment of any amounts falling due on any loan legally contracted by it: (b) secondly, such sum as he ;dommi~reme ay be rcquired by the State Government to contribute towards the cost of such Local-Self Government Board or lnspectorate as the State Govemment may establish for the purpose of:a dvising, assisting and supervising the work of municipal committees and other local bodies : Provided that such sum shall not exceed an amount equal to one per centurn of the income,for the financial ycar preceding thc ycar, in which the commirtcc is callcd upon to make the contribution ; Ic) thirdly, such sum as may be required to meet the establishment charges and .the salary, a1 lowances, '[provident fund, pension and gratuity] of the members of the Municipal Services and other municipal employees including such subscriptions and contributions as are referred in sections 44 and 45 ; (d) fourth1y , such sum as may be required to pay the expenses incurred in auditing the accounts of the -committee, and such portion of the cost of any public expenditure by the CentraI Government or the State Government as may be held by the State Government to be equitably payable by he committee in return for services rendered to it ; I. Subsrituted by Haryana Act 14 of 1994. MLM~L'IPAL [I973 : Haryana Act 24 (e) fifthly, such sum as the committee may be required by the State Government to contribute towards the maintenance - of pauper lunatics or pauper lepers sent from any place in i the State to mental hospitals or public asylums whether in ' ,/ or outside the State ; I If3 sixthly, such sums as may be due to the State Government in respect of the cost of services of town-planning and police, rendered by il to the committee and for the maintenance of Water-works, drainage sewerage, roads, etc., by it on behalf of the committee ; (g) seventhly, such sums tobepaidannually by thecommittee to the Town Improvement Trust as are required to meet the charges under section 68 of the Punjab Town Improvement Act, 1922 : Provided that for payment of charges under clauses and (g) I no resolution of the committee shill be necessary. I (2) Subject to the' charges specified in sub-section (1) and to I .I such rules as the State Government may make with respect to the priority 1 to be given to the several duties of the committee, the municipal fund shall be applicable to the payment in whole or in part, of the charges and expenses incidental to the following matters within the municipality, and with the sanction of the State Govenunent outside the municipality, nameIy - la) the construcrion, maintenance, improvement, cleansing and repair of all public streets, bridges, town-walls, town-gates, emb'mkments, drains, privies, latrines, . urinals, tanks and water-cburses and the prepararion of compost manure ; (b) the watering and lighting of such streets or any of I I them ; (c) the constmction, establishment and maintenance of - , schools, hospitals anddispensaries, and other institutions I for the promotion of education or for the benefit of the public health and of rest houses, serais, poor-houses, markets, stalls, encamping grounds ponds and other 1973 : Haryana Act 24 1 ~r WICPAL 85 works of public utiliry, and the control and administration of public-institutionso f any of these descriptions ; (d) grants-in-aid to schools hospitals, 'dispensaries, poor- houses, leper-asylums; and other educational or charitable institutions ; (e) the training of teachers and the establishment of .scholarships ; Cfl the giving of relief and the establishment and maintenance of relief works in time of famine or scarcity; (g) the supply, storage and preservation from pollution of water for the us6 of men or animals ; reservation (Ir) the planting and of trees, and the establishment and' maintenance of public parks and ' gardens'; (i} ,thet aking of acensus, the regishation of births, marriages aid 'deaths,p ublic vaccination and any sanitary measure; 0) the holdmg of fairs and indusrh exhibitions ; (k) the preparation and maintenance of record of rights in immovable property ; (I) di acts and things which are likely to promote the safety, health, welfare or convenience of the in hab irants, or, expenditure whereon may be declared by the committee, with the sanction of the State Government to be appropriate charge on the municipal fund. (3) .~otwir;lst&dinm~y thing contained in the foregoing sub- sections, no charges or expenses sh-hb e paid from the municipal fund incidental to any matter which hasbeen specifically declared by the State Government by general ors pecial order to be a matter in regard to which I no expenditure shal1 be met . f , r . o . m the municipal fund, # (4) Subject:to the provisions of this Act and the rules and bye-laws, it shall be the duty of.t he president and of any member presiding at any meting of the committee'or of a sub-committee to disallow the consideration ordiscussion of any ma& forwhich provision is not made in this section or any other section. : , . .. . -- - .- . --. - . - .-.- - , , . - -. ,:,<:: ! '-; !- ;.,,,,, , -, >;- . 86 1 MIINICWAL 11973 :B nryana Act 24 , Payment of 58. With-t he sanction of the State Government a salary of such salary to amount as the State Govcnunent may fix may be paid to the President of President out of a committee out of the municipal fund. municipal fund. .. ' Custody of 59. The municipal fund shall be kept in Govemm'ent treasury or municipal fund. sub-treasirry or a bank to which the Government treasury business has been made over or in any of the [co operative banks or-scheduledb anks, as definedin] section 2 of the Reserve Bankof India Act, 1934, or a post- office. , - - 60. Itshdbe~a~llforthecommitteetodepositatinterestinany Power lo deposit and of the I[coopererative banks or scheduled banks, as defined in] section 2 inves~s urplus of the Reserve Bank of India Act, 1934, or a post office, any surplus funds. funds which may not be required for current charges and to invest such fund in the securities of the Central Government and such other public securities as the State ~ovemmenmt ay specify in this behalf. 61. (1) Subject to any special reservation made or to any special conditions imposed by the State Government, all property of the nature 1a hereinafter in this section specified and situated within the municipality, I shall vest in and be under the control of the committee, and with all .I I other property which has already vested or may here after vest in the 1 committee, shall be held and applied by it for the purposes of this Act, that is to say, - , , (a) all public town-walls, gates,-mkkets,s talls, slaughter hdbses, hanure and night-soif depots and . , ' buildiigs of eveiy description. which have been ,constructed or are m&ntainkd out of the municipal :' . ;, n ' "fund ;' (6) all public streams, springs and works for the supply, , , . : storage and diskbution 'of water for public purposes, , , ... .. and ali bridges, buildings, engines, miterials aid things , r:. :, cdnnected therewith di &pertaining theieto, and also . , ... , , . ,, any 'adjacent land, not being private property aik&ning, ro any public tank 03 well ; . , ,- :,:'(c)' all pubIic sewers and,'drains, a d a ll sewers, drains, . .. . - . - , ' : 7 -- .,::-- culvertsandwater-cour&inorun&my publicsket or construe-ted"by or for the committee alongside any ,- , public Street, and allm,w orks, ,mateiials arid things.) ,, appertainig thereto ; . , . ' , . , I. . -* !,'>. 1. Subslituted by Haryana Act 12 of 1979. 1973 :H aryana Act 24 1 MUNICIPAL a7 (d) all dust, dirt, dung, ashes, refuse, animal matter or filth or rubbish of any kind or dead bodies of animals ,.collectedb y .the committee from the streets, houses, privies, sewers, cesspools or elsew here or deposited in places fixed by the committee under section 152 ; (e} all public lamps, lamp-posts, and apparatus connected therewith or appertaining thereto ; fl all land or other property transferred to the committee by the State Government or acquired by gift, purchase or otherwise for local.p ub1 ic purposes ; , (g) all public streeti, nbt being land owned by the State rhe ~overnmeht,a nd payments, stones and ofher materials. thereof, and also trees growing on, and erections, marerials. implements, and things provided for, such streets ; [(h) Sharnlat Deh.] any (2) Where immovable property is tians ferred o thenvise - than by the sale by the State ~overnmentl-o a committee for public - purposes,.i t shall be deemed to be a condition of.s uch transfer ,, unless specially provided to the contrary, that should the property be at any resumed by the Srate Government the compensation pay able therefor shall, notwithstanding anything to,thec ontrq in Re Land Acquisition Act, 1894, in no case exceed the amount, if.. any, paid to the State Government for the .mnsfer together with the cost or the present value,. whichever shall be less of any buildings erected or other works exe . c I: u. ted on the land by the committee. ,.I . 62. (1) The c , o m ,. rnjtte . c . s hall m *. a - i . n :. t ai . n .. , . a n .. i ,; n v e n b t , a~ , n - ~d a hap of, Inventory and all immoiable. of -which the cq- ttee is.prop@etor,,o, r which map of vests in it or which i tholcis in trust for thestate Government. . - municipal properly. -I - (2) The do piis of iu&' iriven tory and map shall be deposited in the office of the Deputy ~omiiijisi~neari d such' oiher officeror' authority as the State Gove~entmady&~c t and all changes, made,t herein shall.foah.wit h be communicated to the ~ i ~ u f y ~ C , o ~ s soiro onth . e , e .rr .. officer ,or authority., . , , : , , , - . ,![.-' : ,;, ,I) .., #,.: .I. I . . , . .k . .. 1. Added by Haryana Act 17 of 1999. . : - - ,' I : , . <,I/ ,; * , , . . . . ... _ -_ - I 88 MUNICIPAL. 11973 :H aryana Act 24 Erection and 63. Every committee shall cause to be erected and set up and maintemccof thereafter rnaiiltain substantial boundary marks defining the limits or the bOYndw altered limirs of the municipal area subject to its authority a set out in the of municipal notification issued under section 3. area. Management of 64. (1) The management, control and administration of every public public institution maintained out of the municipal fund shall vesr. in the Lnslitutions. (2) When any public institution has been placed under the direction, management and control of the committee, all property endowments and funds belonging there to shall be held by the committee in trust for the purposes to which.such property endowments and funds were lawfully applicable at the time when the institution was so placed : Provided that the extent of the independent authority of the committee in respect of any such institution may be prescrikd by the State Govememnt : II Provided also that nothing in this section shall be heldto prevent , I the vesting of any trust property in the Treasurer of charitable Endowments under the Charitable,E ndowmen& Act, 1390. Acquisition of 65. 'When any land, whether within or -without the limib of a land. municipality, is required for the ,piirposes of this ,Act, the State. Government may, at the request of the committee, proceed to acquire it under the provisions of the Land Acqu'isition Act, 1894 and on payment by the committee of the compensation awarded under that Act, and of any other charges incutred in acquiring the land, the :land shall vest in the commirtee: , , . , . , :. ' j i i . .' Exp1marion.- When any land is required for a new street or for ,. . the iniprovement of ir-existing Street, the State Government may dn the request of the committee proceed to acquire; in addition to, the land to be 'occupiedb y the street, the land nV&&sarfyo r the sitesof the buildings to be erected on both sides of the street, and such land shall be deemed to . ,I- be req. uired for the purposes of this Act.: I . ..', . 4 . ..... ,,. ' '>.' . I , .. Transfer to 66.'';Thec ommittee may;viith thk shcfiori of the S&k Government, @vemment0f trarisfa to theStasGovernment ay'pr~pertvie sting in theconkittee: property under section 61 or section 64 but not so as to affect any.t rust or,pubtc.. vesting in ri - g ,. h.t s - s u. bjeccto wlich the property-isheld. :1 7- - -- - .- . .- - . committee. ' ,,-,.: , ., . . ,. - I ,, . 1973 :E aryana Act 24 \ l[66 A. The State Government may, by order, entrust the Powers and municipalities with such p-owers and functions as:institutions 'of self functions of government and to assign to them tasksrelating to - municipalides. I (a) theprepmtionofplanforeconornicdevelopmentandsocial .. . I -, jus~ce; . (b) the of fun ' cti(o' ns a - n 0 d im , plementation bf . schemes in respect of the foliowing matters, namely :- .- . . - , , (i) urban planning including town planning ; (ii) regulation of land use ma ~nstructiono f building ; (iii) planning for economic and social development ; (iv) road and bridges ; (v) water supply for domestic, industrial and commercial purposes ; (vi) public health, sanitation conservincy and solid waste management ; (vii) fire services ; (viii) urban forestry, protection of the environment and promotion of ecological aspects; (ir) safeguardingheinterestsofw eakersection,ofswiety, inchding the handicapped arid mentally retarded ; (x) slum improvement and ~~~iadat;i on (xi) urban poverty alleviation ; (xii] provision of urban amenities and facilities such as parks garden, playground ; (xiii) promotion of cultural, educational and aesthetic aspects ; (xiv] burial and burial grounds, cremations, cremation grounds and electric crematoriums ; (xv) cattle pounds, prevention of cruelty to animals ; . . (mi) vitd statistics incl uding regismtion of births and deaths (xvii) Public a. Ahties including smtl ighting, parking lots, . bus stops and public conveniences ; I (xviii) regulation of slaughter houses and knneries.] 1. Ins/erled by Hasyana Act 3 of 1994. 90 MUMC~PAL - 11973 :H aryana Act 24 Power to take 67. (I] Whenever the State Government is satisfied that the over committee has-neglecte d to perform its duties in respmt of inain tenance or Of construction of water-works, sewerage-works or Roads and that it is in I water works. ublic interest to take over the management of such water-works, sewerage- sewerage works P works or roads for a period not exceeding ten years, it may, after giving and roads,e tc. I the committee a reasonable opportunity of showing cause against the proposed action, make ak ordei to take , - o ve, r the management of water- works, sewerage-works or roads as the case'mayb e. (2) -Them anagemento f water-works, sewerage-works or roads as the case may be shdl revert to the committee after the expiry of the period for which it was taken over by the State Government or earlier than that if deemed expedient by the State Government. (3) It shall k the liability of the committee to pay the expense, , if any which may be incurred by the State Government as aIso the IiabiIity in respect of the salary and dlowances of the persons employed by the committee before taking over the management, for and in connection ,i with the maintenance, construction, management and conml of the water- works, sewerage-works or roads. , - i (41 Whenever the management of any water-works , sewerage- I works or roads of any committee is taken over by rhe State Government, Ihe powers duties and functions of the cornmi& under this ~ cint re spect of such water-works, sewerage-works or roads shdl be exercised and performed by the State Government. , . .. .,- Saving of Act 9 68. Nothing in this Act shall affect the Local Authorities Loans of 1914. Act, 1914. 1. Finance 'L68-A. ( I ) The Finance Commission constituted by the State Government under article 243 1o f the Constitution of India shall review the financial position of the municipdities and make recommendations to '. the Government as to,- (&) the principles w hich-sh '~uld'~overn- (i) the distri butjon ktween the State and t&rnunicipaliries of the rate prkeeds of the taxes, duties tools and fees leviable by the State, which may be divided between them and ihe allocation, the municipalities at all levels of their respective shalres of such proceeds ; 1. Tnswied by Haryana Act 12 df 1979 and further substituted by Haryana Act 3 of 1994. .. : , , - . - - . I , 1973 : Haryana Act 24 1 MUNICLPAL 9 1 (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipalities ; (iii) the grants-in-aid to the municipalities from the Consolidated Fund of 'the State; . . (b) the measks *axit; improve the financial position of the municipalities ; (c) my other matter referred to the Finance Commission by the Government in the interest of sound finance of the municipalities. , .. 8 . (2) The Government shall cause every recommendation made by the Finance Commission under thl s section togther with an explanatory memorandum as to the action taken thereon .to,b e laid before the Legislature of the State.] CHAPTER-V - TAXATION 69. or the of this ~ canrd subject to the proGisions thereof Taxes which every commi tteeshall impose the following taxes, namely :- committee shall . impose. - (a) a t , & payable by the'owner,~;b uildings and lands which shall '[not be less than cwo and a half per centum] aid more than fifteen per centum, as the State ~ovemrn&~ ,--. may, by notification, direct, of the annual value of such 'buildings and lands ; :- , - , , (c ) a duty on the transfir af'i&vable p~o~cns~itueait ed within the limits of ,--them unicipality'i na ddition to the -, - , . duty imposed urider the Indian Stainp.A ct; 1899, as in force for the time beig in the State of Haryha, on every in?trument of the description .specified,belowa nd at such . > r. ate., asthe~&e Govern _ m , en t . ma : y, .b y , h.. ot incation, direct. , ., which shaII not be less than one per cerltrun and mare than . .. , . m. 1. mit tied by Haryaha Act 1 of 200d. , I , . I .. 2. Substituted by Haryana Act 5 012002. MUNICIPAL 1197 . 3 : Haryana Act 24 , . , , three,perc enturn on the amount speci fied.below against . such instrument :- Description of insrruments Am~urr,ot n which duty shall be I levied (i) Saleof immovable properly the amount or value of rhe consi- . . deration for the sale as set forth in the instrument. {ii) ~xchan~cionfk novablc the value of the property of the PmPeW greater value as set forth in these i nstrurnen ts. (iii) Gift of immovable property the value of the property as set forth intheinstrument., . (iv) Mortgagewith possession the amount secured by the mortgage of immovable property as set forth in: the instrument. (v) Lease in perpetuity of the amount cqual to one-sixth of the immovable property whole amount or value of the rent I which would be paid or delivered in ! respect of the first fifty years of the -4 lease,as set forth in the insmment The saidduty shall be collected by rhe Regisbar or Sub-Registrar in the shape of non-judicial stamp paper at the time of Regismtion of the document and intimation thereof shall be sent to the committee immediately. The amount of the dhty so collected shall be paid to the committee concemed. , , / Taxcs that may 70. (1) Subject to any general or special orders of the State be imped. Government in this behdf and to the Ales, a committee may, from time to time, for the pmoses of this Act, impose in the whole or any part of the municipality any d the foilowing taxes, tools and fees, namely :- i a tax on professions, trades, callings and employments ; . . . - . . . I , J . . [(ii). a tax on vehiclc plying for hire or kept or registered under the Mofor ,Vehicles Act, 1988 (Act .59 of 1988), within the m&cipality ;] - ,, w - (iii) a taxon'animals used-forr iding, draught or burden, kept for~~ewithinhe~m~nicipality,wh~thertheyareactudly T . , . , kepcwithin or outside the municipality ; I. Substituted by Haryana Act 14 of 2000. -1973 :H aryana Adt 24 1 MUNICIPAL (iv) a tax on dogs kept within the municipality ; (Y) a show tax ; , r . '[(vi) a t.011 on vehicles entering the municipality ;] (vii) a tax on boats moored within themugicipality ; (viii) a tax on the consumption'bfe lectricity at the rate OF '[not more than five] !paise for eve?y unit of electricity consummed by any person within the limits of the municipality ; . - [(viii u) a fire tax ; (yiii b)..a .sani tation tax ; . , (viii C) a tax on driving licences issued under the Motor Vehicles Act, 1988 (Act 59 of 1988), within the Municipality ; (viii d) a development tax on the increase in urban land values .. . caused by the. execution of any development or improvement work ; L , , (viii 4 a general tax not more than 15% of the annual value of buildings and lands within the municipal arca :., , j> :.:,: g ,-. r a , . d , . P g r t - e o d v i s d c e a d le th , i a f t t h th e c g o g $ e e n m er r a n l e o ta t x d m d a e y tk - b n e e s , levie : d ' on a , .I.: , -. , .,. , . ; 1 ; - - > , Provided further thakthe general tax would not be ; leviable on.t he .buildings and Iands within thc Ld Dora . of villages forming pm of,thie' municipal area provided they - -,.' _ . . areself-occupied;] . ..I J' - . (ir) a fee with regard to pilgrimages -; ., ,I (XaI fee with regard to drainage ; : (xi) a .. , . f , , ee .1 wi b. i . h re I g a I rd . to li , g h I tin -, g . '< A ,I;. ; , : , , - . I I' . + -. . 1 I (xiiJ a fee with ragard to scavenging ; .. , I-, - . (xiii) a fke for cleansing of la teri y > es and privies ; 1. Substiluted by Haryana Act 10 of J. 99l ,?v.e.j: -1st January. 199 L and Ewer . I< . . . . subsrikted Eraryana Acl 14 of 2000. , , ... . ' . , 2. Substituted by Waryana-Act 3 of 1994. . -- . . , .' 3, lnscncd by Haryana Act 14 of 2000. 4 ~ w t ~ ~119~73 :~ Hary ana Act 24 (MV) a fee in the nature of costs for providing int cmal services undermthe scheme framed under section 203 ; (4 with the provious sanction of t'h eI] , ~ ' t a~ko vkrnmenta, ny ' other tax, toll or fee whch the State Legislature has power to impose in the State under the Constitution of India. (2) The rates,of any tax, toll or fee under.sub-section (1)e xcept that under clause (viii)t hereof shall be determined by the committee : Provided that such rates's hall not exceed the maximum limits which the State Government may, from time to time, by notification, specify in this behalf. 71. Nothing confaincd in sections - 69 and,7 0 shai authorise a Savings. committee to lcvy any.t ax, toll or. fce which the State,L egislature has no power to impose in the State underthe Constitution of India : I Provided that any tax, toll,orf ee'w hich immediately before the I commencemqnt of the .Constitution:was lawfully being levied, in any municipality, may continue to be so levi'ed untilrprovision to the contrary I I is made ,by parliament by Jaw. , ,. I Expladation :- In 'this section 'tax' includes 'any'd uty or cess. Pracedure ' 72. (1)' A cornmitt&. at .i i. specii~fn ceting, s.k..i.d.1. pss a resolution, rcgdrding rues within a @&oh of rhihdays fro fith e date of p~bli~atidonf n otification which under section 69, directing lhe imposition of- tax with effect from the cornminee shall date to be fixed in the resolution.~Ifth e cornmitt&:fails to pass such a impose. rcsolution~withinth e aforsaid period; the resolution in'this behalf shall be deemed to have been passed by the cornmittee'on the expiry of the period of said thirty days. , , , ., , , , .. .. (2) After the resolu tion:is;passedo r deemed to have been passed under sub-section (1) the State Government shg1 notify in the Official Gazene the imposition of th - e ' ta , x ., fi . o in' thk i$&i&ted da . t ~ -. , - '172A. ~otwithsta r; n ,,,: a ina~ny thin :, g . t ; o b,. th 1 e contra ' r I y t con - tain ' ed in any effect. provision of this Act, every cdinmittee shall be competent to impose, levy and charge a tax payable by the owner on buildings and lands in any rating area for the period from 1st April, . 197:.7. to 31st Marih, 1978 and from 1st April, 1978 to 31st March, 1979." ! '' ' '- . , , ,,, - ,. 1. Insened by Haryana Act 1 of 1979. , , . . ' 1973 : I ' iarya - na . A ct 24 - . I , MUFJ . I , C IPAL 95 Explanation.- The rating areashal l have the meanings assigned to (e) in clause of Section 2'bf the punjab Urban Irnrnovale Property Tax .. . Act,.1 940.'] , , I - , > ' -.- . -. . -: , , I ' . -, , . i,.!. <'.. .,:: ,. ,; 73. (1) The tax on consumption of.elecRicity referred,toi n clause Collection and (yii),o f section 70 shall be collected by the Haryana, s$&E lectricity payment of rax Bbaid set up under the,Elecrri=ity (Supply) t&, 1948, br by any other onconsumprion is the case miy 6e. .supplying electr m id #h i tj for .: . c .p.n , i urnption in of clecrricity. I municipal limits and paid to the cornmi ttee cokierned f ! . .,' " , ,',' provided that where'any pe : rson . ge,neFaiI es electricity for his own use or consumption it shall be paid bi'such person. ' (2) Such tax shall be collected and paid in the same manner as if it were eIectricj ty duty payable to $e State Government under h e punjab Elecvicity (Duly) Act, 1958. #I (3) Such tax shall not be leviable on the consumption of clecfricjry by the Government of lndia or where it is cansbrned in the construct ion, mai n tenance orhopenliono f any dlway by the Gavemment , . of India. ,. , , - - 74. (1) A committee may, at a'special meeting, pass a resolution Proccdure to ' to propose the imposition of any tax under section 70. impose [axes. (2) When such' a resolution has been passed, the commiLlee shall publish a notice, defining the =lass of persons or description of property' proposed to be taxes, the amount or rite of the tax to be imposed,, and,t he system of zbseksrnent to be adopted. : , ' . . .- kt ti , , (3) Any inhibit objecting the proposed tax may withn t , h , i rty days iron the'publicaiion 6f t hesaid noti.c& subnlit his objection in wiling ti the coinmitt& ; and the committee shall at a special mcieting take his objection into consideration. (4)If the coihTlittee decides toaniend its propbsal or any of thern, it shall publish amended proposa.l.s. .., a,l.b figwith.a nbiice indidating that they are-infmodii%ariono f-igoskp rlbi6.usly pblished for objection. r ,. !fJ, , , , . (5) Any objections to the amended proposal which may be received within thirty days of their publication shall be dealt with in the mannerprescribediri~uk.-~ iektion(3). I. . , , . 'I .' -. (6) Whegthecqmmineehasfingllys ettledib~mp~sds.itshdi, if the proposed tax falls under clause (i) to clause (.riv) of sub-section (I) of section 70, direct that the tax be imposed, and shall forward a copy of 96 MWICIPAI. 11973 :H aryana Act 24 its order to that effect through [he Peputy Cbhmissioner, to the Stale Government ind'if the imposed t& falls under any other provision, it, shall submit its proposals togther with the objection, if any, made in connection therewith to the Deputy Commissioner, - . . , - (7) If the proposed tax falls under clause (xv) of sub-section (I) bf section. 76, the D=$& Cominissioher 'Shall submit theproposals and objcc ' t 2 ~ .*o :I nsw' ith:li . ii , r , . , ' e . . . h - . I m x.m d - ation to the st& ~ovhrnent. . ,..?..,, - I . (8) The Statc Government on receiving droposalr for taxation under sub-section (2) may'sanction or refuse to sanction the same, or return them to the corrimikee fbr further consideration: ' ' (u(' !a copy of , o ,, i d , e .' r , under sub-sect~ons( 6)a nd (7) has been received ;o r I (bj a ~r&&sal'h as been sanctionkd under su b-section (8). the State Government shall notify the inipoii lion of the tai . . in accordahce wiih duch orderdiproljbsil,-aids hall'ih the notification specify a date not less rhan one rnonth'fiom th,e dae.of the notification, on which the tax shall-&me into force; ,.. . . . , .(lo,!A ,tax leviable by.the year shall come, into force on the ~irsdt ay pf January or & the 1st day of April or on the first day of J U I ~ of or on the- first day October in-any year, and if i~ comes in to force on any other day than rhe first day if t..h e year by which it is leviable shdl , be leviable by the quarter till the'first day of such year then &xt ensuing. . . .. . . . . (11) A norificati& of the imposition if t ~un,der this ~ cshtall ; be conclusive evidence that the tax has been imp,osedaina ccordake wit( the provisions of this ~ c - t . . . I -, A ,?,.- . , .I' .' ,I , , . -, . . , - - , . >-,' Power of 75. (11 The State Government may by special or general order Govcmmefll in notified in the '~ffi~iGaal zettIe r2'e q, uire a committee tg impose any tax respec[ of i;ike=tibi 79r i 8 o 1. t ! a , ; lre < a rn d ,,., y .;;I lrn3' posed ar s$h;ai~:ihdbjthin sukh hxarion. period as may be speb - i 'fi , k 4 d ! i ,- n f t , h i: e ,,- , r io .,J t ! i , f , i , ca !, h ; o n and'th&'com&ittees hdl thereupon'.act accordingly. . , - , . (2j"The state ~overnmenmt a)i require a committee to modify ., ,. (#,,, the rate of any tax already imposed and thereupon the committee shall , modify the'tax as required within such pi-dd'as't he State Government maydirect. - I I . . .II 2 , . .- .. -1. 1 ' - , . . I,, , ., - :' . " 1'- 1973 : Haryana Act 24 1 ~ C I P A L 97 (3) If the committee Fails LO c arry out any order passed under sub-section (I)o r sub-section (2), the State Government may, by a suitabIe or order notified in the Official Gazette,. impose or modify the tax. The order so passed shall operate as if it were a resolution duly passed by the1 committee and as if the proposal was sanctioned in accordance with the procedure contained in section 74. , ; , Procedure for ussessing irnmhvable propem 76. The committee shall cause an assessment list of all builhngs Preparation of and1andsonwhichanytaxisi~~osed&bkprep&d,containing- asxm-~-~cnrlist- J '. (a) the name of the street or division Inw hich the property is situated ; . . (b), the description of the 'property, either by name or by - , , . . .. number sufficient for identification ; (c) hen ames of the owner and occupier, if known ; ,' (dJ the annual value ; (e) the area or length of frontage ; . (f) the ho&t bf the . -. < tak, assessed thereon by the committee. , , ' 77. When the assessment Iist has been completed, the committee PubIication and ; sh,all give public,n otice thenof and of the pIace where the llst or a copy completion of thereof may be inspected ;a nd every,pe,rsonc laiming to be either owner list. or .occpuier,o f property, inclu,ded in,the<lista, nd any authorised agent of slich peBon, shall be at liberty, ,to,inspectt he list and to make extracts there from without, charge. -. , , ' assess 7 m 8 e . nt ( 1 li ) s i T S he v c e o p m , u m b :, l i i t c t e n . e o s t h ic a e ll o a f t t a h e ;i t & im ; e o n f o th tl e e p ss u b th li a c n a t q io n n e o m f s o u n c th h P li u m b e l i f c i x n e o d t i f c o e r O F thefkafier, when ii will prbcee , d to ., rev. ise , . ' . t . h , e';alu&io ., n .. a . n d asiesskent: revising Ad ina .. l l. c .I a .s es , i n which any pr6$rty is' for'th a f fiist time assessed dr the , a li s r s s e . ssment iS assessment therebf inc&ase'd, it ,shall give specific notice-&reof to,, . . the owner or occupier of the property. _ ' - , : (2) .All objections to thevaluation and assessment shall-km a& ' in writing b'efore the time fixed in thenotice; or orally-ori n writing at that . . ,. ti rrie. , ;!,:,;::.,; ,' ,, ' . . - , , 79- (1) After the objections have been enquired into and the Se1!lement of persons making them have been allowed an opportunity of being heard [is'- either in person or by authorised agent, as they may th'ink.fit, and the 98 MUNICIPAI. 11973 : Haryana Act 24 revision of he valuation and assessment has been completed, the amendmenrs made in the list shall be authenticated by the signature of not less than two members of the committee, who shall at the same time certify that no valid objection has been made to the valuation and assessment conrained in this list, except jn the cases in which amendments have been enlered therein ; and, subject to such amendments as may thereafter be duly made, the tax so assessed,shall be deemed to be the tax '[or the year commencing or since commenced] on first day of January or first day of April as thecommittee may determine, or in the case of a tax then imposed for rhe first time for the period between the date oh whic~th e tax comes I into force and such first day of Jmuary or April, as the case may be. (2) The list when amended under this sclion shall be deposited in thc ofice of the committee and the same shaV bc kept open for inspection during ofice hours to all owners or &cbpiers of property comprised therein or the authorized agents of such person and a public notice that ir is so open shall forthwith be published. Further 80. (1) The committee may at any time amend the list by inscrti ng amendments of the name of any person whose name ought to have been or ought to be list- inserted, or by inserting any property'khicho ught to have be& or ough t to be inserted, or by altering the'assdssrnento n any preoperty which has been erroneously 'valucdo r assessed through fraud, accident or mistake, whether on the-parto f the committee Q of the assessee, or in the case of a tax payable by the-occupierb y a chdcein tlieXenancy, after giving notice to any person affected by the amendnient, ofia time; not less than one month from the date of service, at which the amendinent is to be ~ a d e . . . . . , . (2) Any person inkrested in'any such amendment may render his !: . ? b .,. j eclion tb'th&com&ite.e in. wiiting &fore the timd fixed in the norice or ora.l ly or writing at-th.a',t,t i m;', , 2nd dhil be dIo\16d aq oppo&ity of bein , g he IT kd in support of . I t h. e sam ' e 1 , 6, I pe . r sqn,~otijy authorized agenil as he may thikk fit: . . ' ..,,-,, .. ,::, : t , ,'!, 'i -., -,; New list need .. : :2[81.:.Isth aI1,be in the discretion.oft he committeeto prepare for the ' no1 be prepared whole or any part Qf rhe,muniaipaljt.y new assessment list every year or Yw- to adopt the valuation and assessment contained in the list for any year. 1. Substituled by:Haryana Act 14 of 2000. . . . , . , , , 2.: Substituled by Havana Act 23 ofi2002:. . . , 1973 :H aryana At124 1 ~IIINICIP~I. 99 with such alterations as may, in parrIcu1ar cases, be deemed necessary, by giving notice of the revised.vaIuation and assessment to the affected persons if such alterations in the valuation and assessment is caused for the reasons other than change in regard to Collector's rate, cost of constructjon as determined by the Government and depreciation : Provided that the valuation-&d assessment contained in the list for any year shall not be adopted for a period exceeding five years.] '[81A. (I) If any land has been let to a tenant and such tenant has Incidence of lax erected building upon the land, the tax on lands and buildings payable on lands and under clause (a) of section 69 in respecl 01 that land and the buildrng erected thereon, shall be primarily payable by the tenant. In case the tenant vacares the said buildng or land it shall be the Iiabilily of the owner to pay the said tax. Expluraatiorr.- The term 'tenant'i ncludes any person deriving title to the land or building erected upon such land from the tenant whether by operation .of law or by transfer inter vivos. (2) The assessment, levy and payment of the tax building and lands shall not' in any way confer any right, title or interest in the property upon either the owner or the' occbpier and shall nor be proof of the fact,t hat the buildmg'isa n authorised one and furthcr that any building or part thereof which is erected in contravention of the existing building bye-laws or town planning regulationslscheme shall not get regularised by virtue of being assessed to tax on buildingsand Iwds. 818. If any building or land assessed (6 taA specified in section 69 Apportionment (a)i s let arid its annual value exceeds the amount afrent in respect of liability of thereof then the tenant shall be liable to pay thl differknce between the taxes on buildings and amount of the said tax, levied upon the owner md the m u n tw hich would Imds when have, been levied upon the owner if the said tax.were calculated on the premises , . amount of rent payable to him. In case the tenant vacates the said building assessed are l e ~ or land then it shall be the liability of the owner to pay the or sub Ict. said tax : 100 MUN~CVAL 11973 :H aryana Act 24 Provided thal the tenancy agreements between the relatives interse shall not-bec overed under this section.] Gen era1 Provisions Tax nol invalid 82. - ' ~asbse ssment arid no charge or demand of any tax made under for defect of the authority of this Act shall be impeached or affected by reason of any Fom. mistake in the name, residence, place of busincss or occupation of any pcrson liable'to pay the tax, or in thk description of any property or thing liable to the tax, or of any mistake in the amount on assessment or tax, or by reason of any clerical error' or other defect of form; and ir shall be enoughinrespectofanysuchtaxonpropcrtyormyassessmentofvalue ' for the purpose of any such'tax if the taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thercof. . , Powers of 83. (11 A committee may exempt, in whole or in part, for any period commirree in not execeding one year, from the payment of any such tax any person regard ro raxes. who by reason of poverty may in its opinion be unable to pay the same, and may renew such exemption as often as may be necesary. (2) A committee, by a resdlution passed at a special meeting and confirmed by the State Government, may- (a) provided.t hat a11 or any persons may be allowed to compoyd for taxes imposed un&r section 69 under clauses (ii), (iii), (iv), (vi), (xii),( xiii), (xiv)a nd (xv) of su b-section , . (I)o f section 70 and under section 71 ; : (6).a bolish, suspend or reduce in amount any tax imposed under sections 69,70a nd 71 ; (c) exempt in whole or in part from the payment of any such tax, any or class of persons or, any propeny or description o. f propefiy: . , , Powers of, . 84. (1) The State Government may by order exempt in whole or , State in part from the payment of any such tax any person or class of persons or Government in any property or,descriptiono f propertyoJ regird to kes. a , , m.: (2) 1f at any time it' appears to the Stare Government, on complaint made or otherwise, that any tax imposed under the forgoing sections is unfair in its incidence or that the levy thereof or of any part thereof is injurious to thc interests of the general.public,.itm ay require the committee to take within a specified period measures to remove the 1973 :H aryana Act 24 1 WiNIClPAl. 101 objection; and, ifhithin that period the requirement is not complied with to the satisfaction of the State Govemmen t, the State Government may, by notification,s uspend the levy of the tax or of such part thereof until the objection has been removed. 85. (1) When any 'buildling] assessed to a tax under clause (4o f Remission of section 69 which is paya ble by the year or by instalrnents, has remained tax on unoccupied and unproductive of rent throughout the year or the period in unOCCU~i* building. respect of which any instalment is payable, the committee shall remit the amouni of thk tax or of the instalment, as the case may be : Provided that no such remission shall be granted unless notice in writing of the circumstances. und- er which it is claimed has been given to the committee within the'first month aner the expiry of the period in - respectof which it is so clajmed. I - . , I . , , (2) When any,such,'~uildingas] aforesaid- (a) has not 'been occupied or productive of rent for any .p eriod of not less than sixty consecutive days ; or ..' ' . , - I,', (b)c onsists of ie$arate tenements, one or more of which - '" .. * '\i , .. ).. 1' has OF haG= nb , t c ! b e ,, e n occupied or productive or rent for any such period 'as &resaid ; or (c) is wholly or in geater part demolished or, destroyed , by fire or thev vise ; . . I the corninittee may remit such position, if any, of the tax or instalment as it may think equitable. . . - (3) The burden of proving the facts entitling any, person to . , cIairn relief under this section shall lie upon him. , J (4) F Oth~e purposes of ,this section neither the presence of a care-taker nor the mere retention in an othenuise unoccupied dewelling : . house of the furniture habitually used in,it shall constitute occupation of the house: 8 , ;, , ,, - (5,) For the purpose of chis section a house shall be deemed to be productive of rent if let to a thant who has a continuing right of occupation thereof ,-whether-i t i's -actually occlipiea by such tenant or not. , - ., . 1. Subslituted by Haryana Act 1 of 2001. - , , . 102 MUNIC~PAL 119 , 73 : Haryana Act 24 . m (6) he enquiry necessay for a decision whether any relief should be granted under this section shall beheld by the ' k c u t i k Officer or the-Secretary]w ho shall make such recommendation. .to the i committee he may deem proper : ,,, , . . . . . Provided that the committee shall not grant any remission of tax unless such remission is,r ecodind.b yt he '@x&utive officer or , -. the Secretary]. , i': I . I: . . .'. r :, I , 1 : .' . - , '[(7) If the remission of tax'ls granted or^ buildingsunder this section then the tax shall be pay.a b. le on the.layd underneath the b.uildings as on vacant land.] .. .- . ,: -, i!; ., I , . , - Duly of 86. (1) Every person shall on the ,dem.a.n d of an,-oficer,d uly . . , furnishing me au~horisedb y the committee in th , i . s b. eh. alf fur a n .. i sh , such i-nfonpation as ,. infomition may be necessary jn order to ascertain whether such person,i s liable to . regarding pay any municipal tax ; and every hotei or lodging house keeper or liability to municipal Secretary of a residential club shall also on,d emand made as aforesaid taxation. furnish a list of a11 persons residing ,in sucb hotel, lodging-house or club. I . .. - . , . , . . (2) If any person so called upon to furbish such information omits to do so or furnishes information which ,is untrue. he shall be . . ! punishable with a fine which shall nor be less thai '[five h&dred rupees . ', 3'. ./.. : , , and more than two 'thousand r ap ' e , e - s 'I l . ! , ,. ..{,. . ,I, ,, : ., , - , . 1 Nolice lo bc 87. (1) Whenever the title to or over q y b uilding land of any given 10 penoir primarily liable for the paymentbfpr~krty*i&eosn' such pmperty committee of is transfend, the transferor and the tr&sfe&k shall &i thin three months all vansfers of title oft he registrati0.n of the deed of transfer if i t be-registered,,oirf it be not :!, registered within three months of its execution, or if no,instniments.be, ofp ersons prirnarily executed, of the actud transfer, give notice i? writing of such transfer to . . p li a a y b m le e r n o t of the committee. . . ' , - , # , , I ' . .. - ,.. . . - ' . \ 1 , .- . -. 0 , properly lax. (2) Every person primarily l~ablefo r the payment of a tax an any property who transfers 'hi$ title t6 6r over such b&perty, without giviiiinotice of such wansfeke to thi&fnmitt=e ai aforiz~aid,'$di,'- , in i , . f . . addition to any other liability whikh'he incurs though &ch negle -< c " j. , continue liable for the payment of all such taxes from time to time j?ayable in respecr of the said property until he gi ue such notice, or until the transfer is recorde.d . i n the bwks of the com?fee.: , . .. I- , ',, .-r , l . . 1. Subsiikred by Haryana Act 3'of '148b and further shbstituted by&ryana Act '' ' . 15 of 1989. -;b 2. Added by ibid. . - . - . . ' --.-- '. .:. ., ..... .. . ' - - -- 3. Subslituted by Haryana Act 3 of 1994: - ' ' , ,-' ' I973 : Haryana Act 24 1 MLJNICPAL 103 (3) Whenever the title to or over any building or land has devoIved upon any by inheritance the heir shall within three months of the date of the death of the former owner give notice in writing of such inheritance to the committee. (4) Nothing in this section-shallb e held to diminish the liability of the tranferee or heir for the said taxes or to or affect the prior claim of the committee for the recovery of the taxes due t'hercupon. (5) Whoever cankavenes the provisions of sub-sections (I} and (3) shall in addition to any other penalty which. he incurs through such neglect, be punishable with a fine which shdl not be less than twenty- five rupees and more than two hundred rupees, and,,in the case of a of conlinuiiibreach with a further fine ten rupees for every day after the first during which the b&ch continues. . : 38. The committee may authorize any person - Power ofentry for the purposes :: {a) after giving twenty-fok hour notice to the occupier, or, of 'if there.be occupier, to the owner, of any bui Iding or land, tax~tion. . , ,. ' at any time between sunrise and sunset, to enter inspect and rneasurc any building for the purpose of valuation ; , . , - ' (b):t o enter inspect any stable, cbach-house'6 r other place ;-, wherein there is reason to believl-that there is any vehicle or animal liable to taxation under this Act or for which a , ,. . . licence has not been duly taken,out. . . . . ][89. to 91.1 , .I '. . -'I' ' 92. (1) When a committee, with the sanclion of the State Extensionof ~okmmenth, as agrted with another committee or a -Cantonment laxation limits autLori ty 2[ ] that in considerarion of ;he payment of a , lum , p sum by agreement.

or otherwise the qsame limi h for any tiill or tax] shall be established fdr the contrac'tig the cornhinee may request the S* Government tofix limits yderi&ti6n 200 so as to ind&ies o much pf the area tontrolled b~ the said cdntractirig parties ai it may deem necessary and shall have tte powers of 3[collectings uch toll or tax on animals] or article brought within such limits, and:the provisions of this Act for the assesment and 3!colIectiono f such-taxo r toll] shall apply in the sahe'way as if the said limits were wholly comprised in the-areao f the municipality. 1. Oiiiiited by Rary~~na~ofc 2t'l ~- .. ,,. , '.. , . 2. Omitted by Haryana Act 12 of 1979. 3. Subktituted by Haryana ACL1 of 2000. , . , , L. 104 MUNICIPAL I1973 :H aryana Act 24 (2) The total of the proceeds of such taxes or tools made, in - the joint area of the municipality and Cantonment and the cost thereby incurred shall be apportioned between the municipal fund and the fund subject to the control of the Cantonment authority '[ ] in such proportion as shdI have been determined by the agreement. Scizurc and 93. Subject to the provisions of section 72, sub-sections (7) and of vehicle(8 ) of section 74 and section 79 any tax imposed under this Chapter and and animal. payable periodically shal be payable on such dates and in such iastalments, if any, as the committee, with the previous sanction of the Deputy Commissioner, may from time to time direct. Z[ Provided hiit where the Lax is not paid within one month of the due date, an interest at the rate 'of one per c&tum per month slid1 be charged for every calender month or part thereofl. Recovery of 94. (1) When any sum isdie on,a ccount of.a tax pYib11& der 'axespayable thisA~tinrespectofanypropertybytheowne~lhereof,thecomittee by owner. shall cause a bill for the amount, staling the property and the period for which the charge is made to be delivered tothe person liable to pay the same. , ;. (2) Lf the bill be not paid within ten days from the delevery thereof, the committee may cause a notice of.demandt o be served on the person liable to pay the.same, and, if,h e,does not, within seven days from the service of the notice, pay the sum due, wiIh any fee leviable for the notice, or show sufficient cause for non-payment, the sum due, with the fee, shall be deemed to be an arrear of tax. : (3) The amount of every such ar&a<besides being revoverable in any other manner provided by this Act shall, subject to ciaim on . behalf of the State Government, be a first charge on the property in respect of which it is payable, and shall be recoverable, on application,m ade in , this behalf by the committee to the Collector, as if the property. were an ' estate assessed to land rcvenue and the arrear were in amp of such revenue due thereon. , , 3[(4)O n the failure to recover any sum due on account of tax ' I in respect of any building or land from the person primarily liable, the executive officer or secretary, as-thecasem ay be, shall in the prescribed ; . .. . ,, .... 1. Omitted by Haqana Act 12 of 1979. ,- , : ;.r:: ' 2. Added by Hqana Act 9 of 1990. - ,8,,. , ,- , . 3. Substituted by Haryana Act 1 of 2001. 1973.: Haryana Act 24 1 MUNICIPAL 10 5 manner recover the said sum from the occupier of such building or land by attachment of the rent or licence fee, as the case may be, payable by such occupier. The sum so recovered from the occupier shall be deemed to have been paid by the occupier to the owner.] 95. (1) Any arrears of any tax, water-rate, rent, fee or any other Recovery of money claimable by a committee under this Act may be recovered on [axes1e tc. application to a Magistrate having jurisdiction within the limits of the municipality or in any other place where the person from whom the money is claimable may for the time being be resident, by the distress and saie of any movable property within the limits of his jurisdiction belonging to such person. The cost of such proceedings shall be recoverable from the defaulter in the same manncr as the said arrears. (2) An application made under sub-section (I) shall be in writing and shall be signed by the president, a vice-president or Lhe '[secreliuy] of the committee, but it shall not be necessary to present it in person. 96. (11 If any person owns or occupies any vehicle or animal in Seizure and respect of which tg is payable under section 69 or section 70 without saleofvehicle having paid the tax and fails to pay the tax due on demand, any officer and au thorised by the committee in this behalf may seize and detain such vehicle and animal, if any, by which itis deriven or animal, as the case may be. (2) After such seizure the officer authorised by the committee in this behalf shall forthwith issue a notice in writing to the owner thereof by reptered post that after the expiry af fifteen days from the date of service of the notice he will sell such vehicle or animal or both. (-3) If the animal or vehicle sezied be not claimed and the tax due thereon be not paid within a period of fifteen days from the date of the seizure, the officer authorised underwb-section (1) may direct that the vehicle or the animal or both shall be sold in public auction arid the pmeeds - of the sale applied to the payment of (0) the tax, if any, due on the vehicIe or animal or both ; (b) such pehalt3'nol exceeding the amount of the tax as the officer authorised under sub-section (1) may direct ;a nd 1. Subs~itu~ebdy Haryana Act 3 of 1988 and funher substi~uredb y Haryrna Acl 15 of 1989. 106 MUNICIPAL 11973 : Haryapa Act 24 (c) all expenses occasioned by such non-payment, seizure, detention and sale. (4) The surplus saIe proceeds, if any, shall be credited to the municipal fund may be paid on the demand of the owner of vehicle or animal or both or to other person entitled thereto to the satisfaction of the i officer au thorised under subsection (1): Provided that, if at any time before the sale is concluded, such person or his authorised agent tenders to the committee or to the person authorised by it to sell the vehicle or the animal, the dutes referred to in sub-section (31, the officer authorised under sub-section (1) shall forth with release the vehicle or animal or both so seized. 'Recovery of 97. '[(I) In case of non-payment of any toll on demand, the officer to11.1 empowered to collect the same may seize any vehicle or animal on which the toll is chargeable, or any parc of its burden of sufficient value to satisfy the demand.] I I (2) Thecommitteea~erthelapseoffivedaysfromth eseizure, and after the issue of a proclamation fixing the time and place of sale, I -'. any cause to be sold by auction any property so seized, or so much thereof, I as rnay be necesary to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof unless the demand and expenses are in the meantime paid : Provided that, by order of the president or a vice-president, '1 ] articles of a perishable nature which could not be kept - for five days, without serious risk of damage may be sold after the lapse of such shorter time as he may, having regard to the nature of the articles, think proper. Mode of 98. (1) Any amount on account of arrears of any tax, water rate, recoverYof rent,freeoranyothermoneycIaimabIebyacommitteeunderthisAct, under besides being recoverable in any other manner by this Act, Act. may be recovered, on an application made in this behalf by the c o dtte e to the Collector, as arrears of land revenue. 3[(2) For the purposes of sub-section (11,r he State Government may, on a request from any committee or otherwise, appoint a person to I. Substituted by Haryana Act 1 of 2000. 2. Insertd by Haryana Act 3 of 1988 and funher omitted by Hqana Act 15 of 1989. 3. Inserted by Haryana Act 12 of 1979. - 1973 :H ary aaa Act 24 1 MUNICIPAL 107 exercise the powers of the Collector under the Purtjab Land Revenue Act, 1 887, and where the Collector is so appointed, an application under the said sub-section shall be made to such CoIlector]. 1 I 99. (1) An appeaI against the assessment or Ievy of any tax or Appeal againsr against the refusal -any tax under this Act shall lie to the Deputy taxation- Commissioner or to such other officer as may be empowered by the State Government in this behalf : Provided chat, when the Deputy Commissioner or such other officer as aforesaid, is, o? was when the tax was imposed, a member of the committee, the appeal shall Iie to the State Government. (2) If, on the hearing of an appeal under this section, any question as to the liability to, or the principle of assessment of, a tax arises on which the ofice hearing the appeal entertains reasonable double he may either of his own motion or on an appljcatiqn of any person interested, draw up a statement of the facts of the case and the point on which double is entertained, and refer the statement with his own opinion on the point for the decision-of the High Court. (3) On a reference being made under sub-section (21, the subsequent proceedings in this case shall be, a nearly as may be, in conformity with the provisions relaring to references lo heF hgh Court contained in section 113 and Order X.LVI: of the Code of Civil Procedure, 1 908. (4) In every appeal the costs shall be in the discretion of the officcer deciding the appeal. (5) The costs awarded under this section to the committee ' shall be recoverable by the committee as if they w&e arrears of a tax due from he appeIIant. (6) If the committee fads to pay the costs awarded to ap appellant within ten days after the date of the order for payment theieof the officer awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount. J , 1M). (I) No appeal shall lie in respcst of a tax on any land or urniution of building unless it is preferred within one month after the publication of appeal. the notice prescribed by section-79o r section 80 or section 81, as the case may be, and no appeal shall lie in respect of any other tax unless it is preferred within one month from the time when the demand for the tax is made : 108 MCMICIPAL 11973 : Haryana Act 24 Provided thatm appeal may be admitted after the expiration of the period prescribed therefore by this section if che appellant satisfies the officer before whom the appeal is preferred that he had sufficient cause for not presenting the appeal within that period. (2) No appeal shall be entertained unless the appellant has paid all other municipal taxes due from hirn to the committee up to the date of such appeal. Revision. '[ZOOA. Any person aggrieved by an order passed in appeal under section 99 may, within thirty days of the communication to hirn of such order, make an application in writing to the Stare Government for revision against the said order and the state ~overnmenrm ay confirm, alter or rescind the said order : Provided that the State Government shall not pass an order under this section prejudical to any without giving such person a reasonable opportunity of being heard]. Taxa~ionn o1 lo 101. (1) No objection shall be ,taken to any valuation or be question asscssrnent, nor shall the liability of any person to be aSsessed or taxed be except undcr questioned, in any other manner or by any other authority than is provided this Act. in his Act. (2) No refund of any tax shall be claimable by any person otherwise than in accordance with the provisions of this Act and the rules. - . . . '(101A; I. CHAPTER VI POLICE . Police Force. , 11 102 (1) If the Stare Government is of the opinion that police force is req+red by a committee on whole time basis for a specified period exceeding one manth for carrying out the purposes of this Act,' it may, on an application made by the committee through the Deputy Commissioner, in this behalf, provide such police force. (2) The committee shall pay the expenses incurred by the State Government in respect of the police force provided under sub- section (1). 1. Insend by Haryana Act 12 of 1979.. , 2. Omitted by Haryana ACI1 of 1979 and shall be deemed to have been omitted w.e.j l st day of April. 1977. 103. (1) Every member of a police force under this Act shall give Powers and immediate information to the committee of any offence committed against duties of police this Act or the rules or bye-laws, and shall be bound to assist all members, in of offences and employees of the comrnirtee in the exercise of their lawhI authority. against Acc and (2) Every member ofs uch poke force may arrest any person RH~CSa,n d committing in his view any offence against this Act or the rules or bye- assisraace to laws- municipal auhorilies. (a)i f the narne and address of the person are un-known to him, and (bJ if the peson,declinest o give his name and address, or if there is reason to doubt the accuracy of the name and address if gi vcn. (3) A person arrested under this section may be detained until his narne and address have been correctly ascertained : Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate except under che order of a Magistrate for his detention. 104. When special police protection is, in the opinion of the State Police Government, required on the occasion of any fair, agricultural show or protcciion at industrial exhibition; managed by a corrimittee, or for the purpose of guarding houses evacuated on accoljiit of ilague, the State Government may provide such protection and th= committee shall pay the whole charge thereof or such portion of such charge as the State Govenment may consider equitably payable-b y it. C m m R Vrl EXTINCTION AND PREVENTION OF FIRE 105. For the prevenrion and extintion of fire, the committee may Establishment and, if the State Government so directs shall, establish and maintain a and fire-brigade, and provide implements, machinery or means of maintenance of communicating intelligence for the efficient discharge of their duties by fire-brigade. the brigade. 106. (1) On the occasion of a fire in a municipality any Magi strate, Power of fjre- the [Secretary] of the cominittee, any member of commi nee, any member bridge and of a fire brigade maintained by the committee then and there directing the other persons for supperssion 1. Substituted by Baryana Acl3 of 1988 and further substituted by llaryana Act of fire. 15 of 1989. , I : 110 MWICFAI . 11973 :H aryana Act 24 operations of men belonging to the brigade, and any police officer not below the rankof sub-~nspectorm, ay- (a) remove or order the removal of any person who by his presence interfares with or impedes the operations for extinguishing the fire or for saving life or property ; (b) close any street or passage in or near which any fire is burning ; {c) for the purpose of extinguishing the fr e break into or through or pull down, or cause to be broken into or through or pulled down or used for the passage of houses or other appliances, any premises ; (d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred ; I I (e) call on the persons in-charge of any fire-engine to render such assistance as.may be possible ; Cfl generally, take such measures as may appear necessary for the prescrvation of life or property. I I When any Government building is endangered by such a fire, the officer of the Public Works Depmmcnt for the time being charge of the building may exercise the powers conferred on a Magistrate by this sub- section. . (2) No person shal1 be liable io pay damages for any act done by him under sub-section (I)i n good faith. (3) Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire. . Limitation on 107. The powers conferred ,by the last foregoing section shall be o~erationof subject to any regulations, conditions or restrictions which may be I his chap~er. imposed by the rules. 1 vrn CHAPTER WATER-SUPPLY . Provision of , 108. (I) The committee may, and when the State ~overnmensto water. direct shall, provide the area undernits control or any part thereof with a suppiy of wholesome water sufficien~fo r public and domestic purposes. 1973 :H aryana Act 24 ] ~I~RJICLPAL 111 {2) For the purpose of providing such suppIy within the municipality the comrni ttie shall cause such tanks, reservoirs, engines pipes, taps, and other works as may be necessary to be contstructed or maintained, whether within or without the municipality ;a nd shall erect sufficient stand pipes or other conveniences for the gratuitous supply of water to the public. (3) When required by the Health Oficer, the commirtce shall arrange for the examination of water supplied for human consumption for the purpose of determining whether the water is wholesome. 109. (1 1 The committee may, on application by the owner of any Supply of building, arrange for supplying water from the nearest main ro the same water to for domestic purposes in such qu'an ti ties as it deems reasonable, andmay premises. at any time limit the amount of water to be so supplied whenever il considers necessary. (2) No additional charge shall be payable in respect of such supply in any municipality in which a water tax is levid, but for water supplied in excess of the quantity to which such suppIy is under sub- section (I) limited, and in other municipalities for all water supplied under this section payment shall be made at such rate as may be fixed by bye- laws. Explanalion -A supply of water for domestic purposes shall not be deemed to include a supply - (a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire; (b) for any trade, manufacture or business ; {c) for fountai-ns, swimming,b aths or for any ornamental or mechanical purpose ; (d) for gardens or for purposes of imgation ; (e) for watering roads and paths ; 110. (1) The committee may supply water for any purpose other Supply of than a domestic purpose, on receiving a written application specifying water for rhe purpose for which such supply is required likely to be consumed. other than domestic purpose. M~ICIPAL [I 973 :H aryana Act 24 (2) For all watcr supplied under sub-section (I)p ayment shall be made at a rate not less than the rate prescribed under sub-secrion (2) of section 109. (3) The committee may withdraw such supply at any time if it should appear necessary to do so in order to maintain sufficient supply of water for domestic purposes. Ill. {I) Where an applicadon under section 109 or section 1 10 Mding connecuons has been received, all. necessary communication pipes and fittings shall with municipal be supplied by the committee and the work of laying and applying such water-work. communication pipes and fi ttings, shall be executed by municipal agency under the committee's orders ;b ut the cost of making anysuch connection and of all communication pipes and fitting so supplied and of all works so executed, shall be paid by the owner or the person making such application. The commiltee may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve. (2) Notwithstanding anything in sub-section (I), the committee may require any owner or person applying for a supply of water to provide all corn~unicationp ipes and fittings and to carry out at his own cost under its supervision and inspection all the work of laying and applying such communication pipes and fittings. Obligation of 112. Any owner or occupier of any building or land, in or on which owner or occupier lo water supplied under this Act is misused from negIigence or other give norice of circumstances under his control, or used without permission in excess of wasre of water. the quantity fixed under section 109 or section 1 10, or in which the pipes, mains, or other works are out of repair to such an extent as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the committee may appoint in this behaif. Cu~tingo ff of 113. If any person whose premises are supplied with water, neglects supply to to pay the water-tax, or any sum ?ayabIe, under section 109 or section premises. 11 0 when due, or to give norice as provided in the last preceding section or wilfully or negligently misuses or causes waste of water the committee may aher due notice, cut off the supply of water from the s ~pdrem ises. Power of 114. For the purpose of or maintaining the water supply cornmillee in or of making or maintaining comm o u f n ica~onso r connections with the respect of mains, or generally for the purposes this Chapter, the committee shall cdmrnunimtiow have all powers which are conferred upon it in' respect of drainage by etc. sections 138 to 143. 1973 :B aryana Act 24 1 CHAPTER IX POWRS FOR SANITARY AND OTHER PURPOSES Bathing and Washingp laces 115. (1) The committee may set apart suitable places for the Bathing and purposes of bathing and may specify the times at which, and the sex of washing the persons by whom, such places may be used, and may also sct apm PIac"- suitable places for washing animals or clothes, or for any other purpose connected with the health, cleanliness or comfort of the inhabitants ;a nd may, by public notice, prohibit bathing, or washing animals or clothes, in my public place not so set apart, or at times or by persons other than those specified, and any -other act. by which water in public places may be rendered fouI or unfit for use, and may charge fees for the use of such places by any specified class or classes of persons or by the public generally. (2) The committee may fix, by notice, places at which articles of clothing, bedding or other articles which have been exposed to infection shall be washed, and, no persons shall wash any such anicle at any place not so fixed. Brrriai and burning places 116. (I) The committee may by public notice order and, if so directed by the Stale Government shall within one month of the p,,,,i, notification of such direction be deemed to have ordered, any burial or respect of burning ground situated within municipal limits or within one mile thereof burial and which is certified by the Health Officer to be dangerous to the health of bumingp'acesh persons living in the neighbourhood to be closed, from a date to be specified in the notice, and shall in such case, if no suitable place for burid, or'b urning exists within a reasonable distance, pmvide a fitting pIace for the- purpose. . (2) Private burial places in"s uch burial grounds may be excepted from the notice, subject to such conditions as the committee 1. may impose iri this behalf : , - , . Provided that the limits of such burial places, are sufficiently defined, and that they shall only be used for the burial of members of the familyof*e-ownersthereof. .;, 114 MUNICIPAL 11973 :H aryana Act 24 (31 No burial or burning ground, whether public or private, shall be made or formed after the commencement of th~As ct, except with the sanction in writing of the cornmiltee which shall not be granted unless I the Health Officer has certified in writing for the information of the committee that such burial or burning ground is nctt prejudicial LO public health : Provided that no such burial or burning ground shall be made or formed, except with the sanction of State Government. (4) Should any person. without the permission of the cornmit tee, bury or burn, or cause or permit to be buried or burnt, any corpse at any place which is not a burial or burning ground or in any burid or burning ground made or formed contrary to the provisions of this section, or after the dale fixed thereunder for closing the same, he shall be punishable wilh a fine which shall not be less than twenty-five rupees and more than two hundred rupees. Dangerous animals Disposal of 117. (1) The committee may- mad and skay (a) authorise any person- dogs and other animals (i) to destroy, or cause td be destroyed, or confine, or cause to be confined for such period as the committee may direct, any dog or other animal suffering, or , . . reasonably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected as aforesaid ; (ii) to confine, or cause to be confined, any dogs found wandering about streets or public places without collars or olher marks distinguishing them as private property and charge a fee for such detention and destroy or otherwise dispose of any such dog if it is not claimed within one week, and the fee is not paid ; ! (b) issue a tempprary or standing order that any dogs without collars or 'other marks distipguishing them as private propkrty,'founds traying on the streets or beyond the the enclosures of the houses df owners of such dogs may be destroyed and destroy or cause them to be destroyed I973 :H aryana Act 24 1 MUNICIPAL 115 accordingly. Public notice shall be given of every such order. (2) No damages shall be payable in respect of any dog or other animaI destroyed or othenvise disposed of under this section. 118. Whoever, being the owner or person in-chyge of any dog, Suffering dogs neglects to restrain it so that it shall not be at large in any street without a not lo be at muzzle - largc. (a) if such dog is likely to annoy or intimidate passengers, or (b) if the committee has by public notice during the prevalence of rabies directed that dogs shall not be at large without muzzles, shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees. Dangerozis or insanitary bilildings orplaces 119. Should any building, or any well, tank, reservoir, pool. Power 10 depression or excavation be, for want of sufficient repair, protection or require enclosure, dangerous to the persons dwelling or working therein or in the buildings, neighbourhood or to persons passing by, '[the committee, the execuii ve wells, an ks, elc.. to be officer or the secretary, as the case may be,] may, by notice, require the secured. owner or occupier thereof to repair, protect or enclose the same and should appear it to be necessary in order to prevent imminent danger, [the committee, the executive officer or the secretary, as the case may be, shall forthwith] take such steps to avert the danger as ma'y be necessary. 120. Should any building, well or structure, or anything affixed Building etc., thereto, or any bank or tree, be deemed by the committee to be in a ruinous in dangerous ' state or in any way dangerous or there be any fallen building or debris or statc. ' other material which is unsightly or is likely to be in any way injurious to health, it may, by notice, require the owner thereof either to remove the same, or to cause such repairs to be made to the buildings, wall structure or bank, as the committee may consider neessary for the pubIic safety, and should it appear to be necessary in order to prevent imminent danger, the committee shall forthwith take such steps, at the expense of the owner, to avert the danger, as may be necessary. 1. Subsututed by Haryana Act 14 of 2000. 116 m f m n ~ (1973 :F Iaryaoa Act 24 Cleaning of 121. Should the owner, part-owner or occupier of any building or filthy building land suffer the same to be in a filthy or unwholesome state, the commitlee or land. may, by notice, require him within twenty-four hours to cleans the same or otherwise put in a proper state and thereafter to keep it in a clean and proper state and if it appears to be necessary for sanitary purposes to do so, may at any time by notice, direct the occupier of any building to lime wash or otherwise clcanse thc said building inside and outside in the manner and within a period to be specified in the notice. Paving or 122. The committee may,b y notice, require the owner or occupier draining of of any land on which cattIe or other animals are habitually tethered lo cattle slands. have the same properly paved or drained or both. Power to 123. Should any building, or any part of any buiiding, appear to prohibit use for the committm to be unfit for, human habitation in consequence of the human want of proper means of drainage or ventilation of any sufficient reason habitation of the committee may by notice, prohibit the omer or occupier thereof from buildings unfit for such use. using the same for human habitation, or suffering it to be so used, until it has been rendered fit for such use to the satisfaction of the committee, and no such owner or occupier shall inhabit such building or suffer it to be - . inhabited until the committee shall have inf ormed in writing the owner or occupier that the p~ohibitionh as been withdrawn. Power to require 124. The committee may by notice, require the owner or occupier owner to clear of any land to clear away and remove and thick vegetation or undergrowth away noxious which may appear to the committee to be injurious to health or offensive vegetalion. to the neigh bourhood. Power to require 125. The committee may, by notice, require the owner or occupier h"gcs and rrces of any land to cut or aim within three days the hedges growing lhereon to bc trimmed. and boardering on any sheet or any branches of uees growing thereon which overbang any street and obstruct the same or cause danger, or which so overhang any well, Lank or other source from which water is derived for public use as to be likel; pollute the water thereof or are in any way offensive or injurious to health. Power lo require 126. Tfie committee may, by notice, require the owner or partowner, or pemn claiming ro be the owner or part-owner, of any building or land buildings which, by reason of abandonment or disputed ownership or other cause becoming a '- nuisance ro be has remained untenanted and become a resort of idle and disorderly persons secured or or otherwise a nuisance, to secure or enclose the same within a reasonable enclosed. time fixed in the notice. 1973 :H aryana Act 24 1 MUFIICPAL L 17 127. (1) If the Health Officer certifies that the cultivation of any Prohibition of descriplion of crop or rhe use of any kind of manure or the irrigation of cultivation, use land in any specified manner :- ofm anure or irrigauon (a) in any place within the limits of any municipality, is injurious to injurious or facilitates practices which are injurious to the health- health of persons dwelling in.the neighbourhood ;o r (b) in anyplacewithinorkyondthelimitsofany municipality is likely to contaminate the water supply of such municipality or othewise render it unfit for drinking purposes ; the committee may prohibit the cultivation of such crop, the use of such manure or the employment of the method of irrigation sa reported to be injurious. or impose such conditions with respect thereto as may prevent such injury or contamination : Provided that if it is noufied by the State Government that the cultivation of such crop, the use of such manure, or the employment of such method of irigation is prohibited or conditions are imposed with respect thereto, the committee shall be deemed to have ordered such prohibition, or imposed such conditions, and shall issue notices in accordance with the notification : , , Provided dso that, when on any land to which such prohibition applies the act prohibited has been practised during the five years next preceding the prohibition, in the ordinary course of,h usbandry, compensation shall be pajd fiorn the municipal fund to all pendnsi nterested therein for any damage caused lo them by the effect of such' prohidition. (2) Should any penon fail within six months from the date of its service to comply with a piohibitory notice issued under sub-section (I), he shall be punishable with a fine which shall not be less rhan twenty- five rupees and more than two hundred rupees and with a further fine of ten rupee for every day during *ich the offence is continued. Dangerous or offensive trades 128. (1) No place within a municipality shall be used for any of Regulalion of the following purposes, namely :- offensive and dangerous (h)' melting tallow, dressing raw hides, boi ling bones, offal or blood ; WMCIP~II. 11973 : Haryana Act 24 (b) soap,house,o i I-boiling house, dying house or Tannery ; I (c) brick field, brick-ki In, charcoal-kiln, pottery or Iime- I kiln ; ' , 6% (dl any other manufactory, engine-house, storehouse or place of business from which offensj ve or unwholesome smells gases, noises or smoke arise ; (e) yard or depot for trade in unslaked lime, hay, straw, 'thatch i ng-grass. wood charcoal or coal or other dangerously inflammable material ; If) store-house for any explosive or for petroleum or any inflammable oil or spirit ; . . excepl under a licence obtained by the owner or occupier from the I committee which shall be renewnble annually. ' 1 (2) The licence shall not be withheld unless the committee I considers that the business which it is ifitended to establish or maintain would be [he cause of annoyance, offence, or danger to perons residing in or frequanting, the immediate neighbourhood, or that the area should be for general reasons kept clear of the establishment of such business. '(3) The committee may charge any fees accordingto a scale to be. a-p proired by the Deputy Commissioncr for such licences, and may . z impose such conditions in respect thereof as it may think necessary. Among other conditions it may prescribe that any furnace used in connection with such trade shall, so far as practicable, consume its own smoke. . !,, ' ,,, '[(4)W hoever, without a licence uses any place for any such purpose as is specified in his smtion or in contravention of theconditions of any such ,licence, shall be punishable with imprisonment for a term upto six months or with a fine which shalI nor be less than one thousand rupees and more than five thousand rupees and with a further fine of one hundred rupees for every day during which the offence is continued.] Consen1 of 129. (1) Within any municipality no person shall estabIh a n'ew commitrce to factory or workshop without having obtained the consent of the committee. establish new factories or 1. Substituled by Haryana Acl 14 of 2000. workshop. 1973 :H aryana Act 24 ] MUNICPAL 119 (2) The consent of the committee may be given without condition or subject to-the condition that the owner or user-o f the said factory shall provide adequate housing accommodation for labourers employed in the factory or for any proportion or class of such labourers : Provided that the consent of the committee shalI not be .withheld for any reason except the refusal of such owner or user to comply with such condition: Provided further that if the committee neglects or omits to give its consent within a period of two months from the date of application, such consent shall be deemed to have given without condition. (3) Whosoever commits a breach of the provisions of sub- section (I) or sub-section (2) shall, on conviction be punishable with a ) fine which shall not be less than '[ two thousand rupees j and more than ten thousands rupees ] and when the breach is a continuing one, with a I[ furhter fine or '[ one thousands rupees] for every day, after the first, during which the breach continues. 130. (1) NOe xhibition of or other optical effects by means Prohibition of of a cinornatograph or othei similar apparatus for the purpose of which cinemaO~ph and dramatic inflammable films are used, and no public dramatic or circus performance perIomrnccs ar pantomime, shall be given in any municipality elsewhere than in premises in for which a licence has been granted by the committee under this section. licensed premises. (2) ~fthoew ner of acincrnarograph orotliirapparatus uses the apparatus or allows it to be used, or if any person takes pm-ina ny public dramatic or circus performance or pantoniime, or if the occupier of any prkmises allows those premises to be used, in contravention of the . provisions of this section or of any condition OF a licence gr..(a nted under this secrion, he shall be liable to a fine which shall not be I& than '1 two hundred fifty rupees 1 and more than [two thousand rupees ] and in the . case of a continuing offence, to a further penalty of '[one hundred rupees ] for each day during which the offencec ontinues, and the licence, if any, shall be liable to be revoked by the committee: 131. (1) Whenever it appears that any place registered or licensed Power to undertheprecedingsectionsi s anlusance to the neighbourhood'orlikely~ rohibitrade~. to be dangerous to life, helath or property, ihe committee may, and if so ... 1. Substilured by Haryana Act 14 of 2000. - , ' 120 MUP.IICIPAL I1973 :H aryana Act 24 required by the State Government, shdI by notice require the occupier thereof to discontinue the use of such place, or to effect such alteraiions, additions, or improvements as will, in the opinion of the committee, render it no longer a nuisance or dangerous. (2) Whoever, after any notice has been given under this section, uses such place or pennits such place to be usedin such a manner as to be a nuisance to the neighbourhood or dangerous, or does not effect such alterations, additions or inlprovements, shall be punishable with a fine which shall not less than '[five hundred rupees J and more than '[five thousand rupees J and with a further fine of '[five hundred rupees 1 for every day during which the offence is continued. Dmins and privies Provisions of 132. (1) The committee may, by notice, require the owner of any privie1 building or land to provide, move or remove any drain, privy, latrine, etc. urinal, cesspool or other receptacle for filth or refuse, or provide any I additional drains, privies, latrines, urinals, cesspools or other receptacles as aforesaid which should, in its opinion be provided for the building or .r I land, in such manner and of such pattern as the cornmiltee may dircct. I (21, The committee may, by notice, requirt any person employing more then twenty worh~en.o r labourers to provide such latrines, and urinals as it may think fit and to cause. the same to be kept in proper order and to bedaily cleaned. . (3) The committee may, by notice, require the owner or occupier of any building or land to have any privy, latrine or urinal provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbolrrhood, or to remove or alter, as the codtteem ay direct, any door or trapdoor of a privy, latrine or urin.a l opening on to any street or drain. . - , (4). The committee may, and when required by the State Government shall, provide latrines and urinals for the use of public. Rcpair and 133. (1) The committee may, by notice, require the owner or closing of occupier of any building or land to repair, alter, or put in good order any drains, privies. drain, privy, latrine, urinal, cesspool or receptacle for any filth or refuse, etc. or to close any drain, privy, latrine, urinal or cesspool belonging thereto. 1. Substiruled by Haryana ACL1 4 oF2000. 1973 :H aryana Act 24 1 MUNICIPAL 121 (2) The committee may, by notice, require any person who has consh-ucted any new drain, privy, lawine, urinal, cesspol or receptacle for filth or refuse without its permission in writing or contrary to its directions or regulations or the provisions of this Act, or who has constmct ed, rebuilt or opened any drain, privy, latrinc, urinal, cesspool or receptacle for filth or refuse which it has ordered to be demolished or stoppcd or not to be made, to demolish the drain, privy, latrine, urinal cesspool or receptacle, or to make such alteration thcrein as it may think fit. , 134. (1) The committee may, by notice, require any owner or Removal of occupier on whose land any drain, privy, lanine, urinal, cesspool or other lamines, etc., recepr'ac~efo r filth or refuse for the time being exiscs within fifty feet of near any any spring, well. tank, reservoir or other source from which water is or source of water supply. may be derived for public use, to remove or close the same wi~hino ne week From the service of such notice. I (2) Whoever, withour the pemission of the committee makes or keeps for a longer time than one week after notice ubder this section any drain, privy, latrine urinal, cesspool or other receptacle for filth or refuse, within fifty feet of any spring, well, tank,r esemior or other source from which water is or may be derived for public use, shall be punishable with a fine which shall nor be lessthan ![two hundred fifty rupees], and more than:'[two thousandrupees] and, when a notice has been issued, with'af urther finc of '[one hundred rupees] for each day during which the offence is continued after the Iapse of the period allowed for removal. , .l(135. whoever, without the permission of the amm mi tree, causes Discharging ' on knowingly or negligently allows the,contents of any sink, sewer or sewerage. cesspool or any other offensive maIter to flow, drain or be put-upon any street or public place or into any irrigation channel or my sewer or (Irain not set apart for the purpose, or into the gound by boring or my other means shall be punishnblc with imprisonment for a term upto six months or with a fine which shall not be less than one thousand rupees and more than five thousand rupees.] 136. Whoever, without the permission of the committee, makes or Making of causes to be made, or alters or causes to be altered, any drain leading into altering drains any of the sewer or drains vested in the commjt tee shall be punishable without aurhority. with a fine which shdl not be less than [[twoh undred fifty rupees] and more than '[two thousand rupccs.1 I. Substitu~edb y Haryma Act 14 of 2030. 122 MUNICPAL 11973 : Haryana Act 24 Power lo 137. The committee may, by notice, require the owner or occupier rcquire of any land or-b uilding to cleause, repair, cover, fill up or drain off any I of private well, tank, reservoir, pool, depression or excavation therein which , arising from may appear to the committee to be injurious to healrh or offensive to the ranks and the likc neighbourhood : Provided that if for the purpose of effecting any drainage under , this section, it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the conmi~tee shall provide such land or pay such compensation. Laying and connecting pipes, sewers and rlte like Power of 138. The committee may, carry, any cable, wire, pipe, drain, sewer committee to or channel of any kind, for the purpose of establishng telefonic or other lay or carry wires, pipes, similar communication or for carrying out and establishing or maintaining drains any system of lighting, drainage or sewerage, through, across under or or sewers over any road, street, or place laid out as or intended for a road or street, ! through private and after giving reasonable notice inwnting to the owner or occupier, land, subject to into, through, across, under, over or up the side of any land-orb uilding I paymenl of j. compensation whatsoever situate within the lini ts of the municipality, and; for the purpose i for damage or ihe introduction, distribution of outfall of water or for the removal or sustained. outfall of sewrage wj th our such limits, and may, ar all times do all acts provided that and things which may be necessary or exwentf or repairingVbmr aintaining no any such cable wire, pipe, drain, sewer, or channel, as the case may be, in nuisancc is an effective state for the purpose for which the same 'may be use,d or created. intended to be used: Provided that work shall be done so as to cause the least practical nuisance or inconvenience to any person : Provided further that reasonable compensation shall paid to the owner or uccupier for any damage at the time sustained by him'and directly occassion by the carrying out of any such operations. Use of '[138A. (1) A municipality may use any place or land belonging municipal, to the municipality of the Slate Government or private land for the purpose Govemrnenl or of collection, treatment and disposal of solid waste within or outside their ~rivatela nd for the limi~an d may at all times do all acts, things which may be necessary or purpose of expedient for repairing and maintaining such lands selected for solid waste coll~tiona nd management : disposal of solid wasre. 1. Substituted by Haryana Act 14 of 2000. 1973 :H aryana Act 24 ) ~~UWICIPAL 123 Provided that resonable compensation shall be paid to the owner or occupier of the Iand, if it belongs to any private person. (2,: The urban development authorities as well as private colonisers shall provide suitable landsite for soIid waste managemefit at the time of planning of new residential, commercial and industrial complexes.] . . 139. In the event of any cable, wire, pipe, drain, sewer, or channel Provisions as being laid or carried above Ih e surface of any land or through, over or up lo pipes, dra w i ir n est s or the side of any building, such cable, wire, pipe, drain, sewer or channel, laid or as the case may be, shall be so laid or carried as to interfere as little rts ,,~ried above possible with the rights of the owner or occupier to the due enjoyment of surface of such land or building, and masonable compcrlsatiun shall be paid in respect ground. of any substantial interference with any such right to such enjoyment. 140, Except in cases to which sections 218 and 220, relate.t he Yrevious committee shall cause not less than fourteen days noiice in writing to be notice m be given to the owner or occupier be& commencing any operations under given- section 138. 141, (1) No:persons hall, without the permission oft he committee, Conneciion atmytimemake,orcausetobemade,anyconnectionorcommuni~ati~n wiLhlllainnOl with any cable, wire, pipe fermle, drain, sewer or channel constructed or t w o i b L c h o m u a de maintained by or vcstedin the cornminee, for any purpose whatsoever. prmission of cornmittec. (2) Anyperson actingincontravention of the terms ofsub- (11 section shall be punishable with a fine which shall not be less~han twenty-five rupees and morc than two hundred rupees. 142. The c.omittee may, at any time, establish any connection of Connection communication from any water-main, drain ois cwcr to any premises, or bc mndc may by n~tice,requirteh e owner of any such premises to establish any or required to be made by suc11.connection or communication in such manner and within such times , in as the committee, by notice.i n that behalf, may prescribe, at the cost of case of . , such owner or occupier. sewerage. 143- (1) The committee may, by notice, require the owner of any Troughs and building or land in any street to put up and keep in good condition proper pipa for rain troughs and pipes for receiving @carrying water and sullage from the building or land and for discharging the same so as not to cause inconvenicnce to persons passing along the street. MUNICIPAL [I973 : Haryana Act 24 (2) For the purpose of efficienily draining any building or land the cornmi ttee may, by notice, in writing - (a) require any courtyard, a] ley or passage between two or . ,, / more buildings to be paved by the owner or part-owner of such buildings with such materials and in such 1 manner as may be appmved by the committee ; (b) require such paving to be kept in proper repair. Information to - 144. Whoever - , be given of cholcra small- (a) being a medical practitoner or a person open1y and pox, etc. constantly practising the medical profession, and in the course of such practice becoming cognizant of the existence of any infecrions disease in any dwelling other than a public hospital ;

or I I (b) being the owner of dccupierof such dwelling,and being cognizmt of the exisr&nceo f any such disease therein; I or > . , (c) being the person incharge of,o r in anendance on, any I person suffering lrum -any such disease in such dwelling, and being cognizant of the existence of the disease therein ; fails forthwith to give inforhation, or howingIy gives falsc informatioll to the Health Officer or to any pther officer to whom the committee may require information to be given respecting the existence of such disease, shall be punishable with a firti which shall npt be less than twenty-five rupees and more than two hundred rupees. Removal to 145. (1) In any municpality to which this section may at any time hospital of be extended by the State Government, when any penon suffering from patienrs - any infectious disease is fuond to be suffering from infecdous (a) without proper lodging or accommodation ;o r diseases. (b) living in a sari, hotel, boarding house or other public hostel ;o r (c) living in a room or house,w hich he neither owns nor pays rent for, nor occupies as the guest or relative of any person who owns or pays rent for it ; or 1973 :H aryana Act 24 f I rnfCLPAL 12s Id) Idged inpremisesoccupiedby members oftwoormore families and any of such occupiers objects to his continuing to lodge in such premises ; the committee or any person authorized by it in this behalf, may, on the device of any medical officer of the rank not inferior to that of an assistant surgeon, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do any thing necessary for such removal. (2) The committee shall, if required by the State Government, erect an infectious diseases hospital of such type and dimensions as the State Government shall deem expedient. 146. If the committee is of opinion that the cleansing ornd isinfecting Disinfection of of a building or any part thereof, or of any article therein, which is lkely to buildings and , retain infection, wi I1 tend to or check the spread of any hseasc, it articles. may, by notice, require the owner or occupier to cleanse or disinfect the same, or to destory such article, in rhe manner and within time prescribed ,I in such notice. . . 147. Every person knowingly letting a house or other building or Penally for part of a house or building in which any penon has been suffering fmm lclting infected houses. an infectious disease, whithout having such house or other building or p& thereof and all articles therein liable to retain infection disinfected ro the satisfction of the committee, shall be liable to a penally which shall not less than [two hundred fifty rupees] and more than '[two thousand. I rupees] Explanation.- For the purpose of this section, a hote1 or lodging house-keeper shall be deemed to let part of his house to any%person admitted as a guest into his hotel or lodging-house. 148. Thc committee may, md when the State Government so directs, Provision of shall - places and appliances far (a) provide proper places, with all necessary attendants and disinfection. apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection ; I. Substituted by Haryana Act 14 of 2000. MUNICIPAL (1973 :B aryaoa Act 24 (b) cause conveyances, clothing or other articlrs brought for disinfection to be disinfected free of charge or subject to i such charges as may be approved by it.; (c) direct any clothing, bedding, or other articles likely to retain infection to be Asinfected or destroyed, and shall give compensation for any articles destroyed under this sub- section. Act done by 149. Whoever, while suffering from an infectious, contagious, or - persons loathsome disorder,- suffering from certain (a) makes or offers for sale any article of food or dliok for disorders. human.consumption or any medicine or drug; or (b) wilfully touches, any such artjcie, medicine or drug, when exposed for the sale by other; or (c) takes any part in business of washing or carrying soiled clothes ; shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees. Keeping of 150. Whoever kwps any swine pr other animals In disregard of animals so as any orders which the cornmi ttee may give to prevent them from becoming to be. injurious a nuisance, or so as to be injurious to the health of the inhabitants or of healh. 10 animals shall be punishable with a fine of '[five hundred rupees] and of '[one thousand rupees] for every such subsequent offence. Prohibiuon by 151. Should the committee, on the report of the Health-Officer, committee of consider that the water in any well, tank or ,other place is likely, if used use of for drinlung to endanger or cause the spread of any dangerous disease, it unwholesome may- water. (a) by public notice prohibit the removal or use of such water for drinking ; (b) by notice require the owner or person having control of such well, tank or place to take such steps as may be specified in the notice to prevent the public from having access to or using such water ;o r I. Subsututed by Haryana Act 14 of 2000. 1973 :H aryana Act 24 ] MUNICIPAL 127 (c) take such steps as it may, on the advice of the Health Officer, consider expedient lo prevent the danger or spread of any I such disease. Scavenging and Itouse-scavenging 152. The committee may fix places within or, wjt h the approval of Rcmoval and the Deputy Commissioner, beyond the limits of the municipality for the deposit of olfensi~e deposit of refuse, rubbish or offcnsivc mattcr of any kind or for thc disposal rnamcrs. of the dead bodies of animals, and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or offensive matter or dead bodies of ani rnals may be removed along any street and deposited at such pIaces. 153. Where the State Government so requires it shall be the duty of Preparation of the commi ttee to subject all dung to the process ofm aking compost manure. COmpoSL manure. 154. (1) Where the property in any dung vests in any person or Power to class of persons other than the committee, the committee, required under acquire, ctc. the last preceding section shall acquire, either permanently or for such period as it may deem fit, the rights or interest in the dung belonging to the aforesaid persons, on payment of such compensation as the cornmiltee may consider reasonable and may assess the same in the manner hereinafter provided. (2) Where any such dung is requisitioned or acquired under this section the amount of compensation payable shall be determined in [he manner and in accordance with the principles enumerated below :- (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement ; (b) where no such agreement can be reached, the committee and the person or persons as aforesaid shall appoint an &bitrat& hiving knowledge of the price of the property or interest in the dung requisitioned or acquired ; (c) at the commencement of the proceedings before the arbitrator, the committee and the person to be compensated shall state what, in theirrespeciive opinion, is the fair aniount of compensation ; WCPAL 11973 :E Iaryana Act 24 {d) the arbitrator in making his award shall take into cosideration the market value of the dung in the locality, - the damage, if any, resulting from diminution of the profits accruing to the person or persons aforesaid and any other factor of a like nature ; (e) save as otherwise hereinafter provided in this Act or the rules, nothing in any other law for the time being in force shall apply to arbitration under this section. Right of 155. (I) Any person aggrieved by an award made under section appeal and revision. 154 may, within thirty days from the date of the communication to him of the award prefer an appeal in writing to the Deputy Commissioner oft he district wherein the committee is situated. (2) The Deputy Commissioner shall decide the appeal after sending for the records of the case from the committee after giving the parties an opportunity of being heard and if necessary, after making such I further enquiry as he thinks fit either personally or through an officer subordinate to him. J 1 (3) A further appeal shall lie to the State ~ovemmenptr ovided that when the award is confirmed by the Deputy Commissioner no such appeal shall lie. (4) The S kite Government may, at any time, call for the record of any case pending before or disposed of by the Deputy Commissioner : Provided that this power shall not be exercised by the State Government when an appeal has been preferred to it under sub- section (3) : Providedfurther that the State Government shall no under this sub-section.passa n order revising or modifying an order affecting any A person without giving such person opportunity of being heard. 156. Notwithstanding anything contained in any other id for the Juiisdiction of I civil courls time being in force, no civil court shall have jurisdicjtion to entertain or ! bmd. adjudicare in any suit, application or other proceedings relating to the right ! or interest to, or in the cornpensarion referred to in section 154 or section 155 or the amount or apportionment or the payment thereof or any matter connected therewith. I- 1973 : Haryana Act 24 1 MUNICIPAL 129 157, Whoever. bein; the owner or occupier of any building or land Failure. to keeps or knowingly or neglgentl y allows to be kept formore than twenty- remove four hours, or otherwise thin in some proper receptacle or pit, any dirt, Offensivc , dung, bones, ashes, night-sdl or filth or any noxious or offensive matter mailer. in or upon such building or Irrzd, or suffers any such receptacle or pit to be , in a filthy or noxious state, orreglects to employ proper means to cleanse and pur'lfy the same, shall be punishable with a fine which shall not be less th&,'[two hundred fifty mps3 andmore than '[twc thousand rupees]. '[158. Whoever without Ltie permission of the committee or in Reposi ling or disregardofi~orderthmwsor&~ts,orpermitshsservantsormemberslb owi%0f esih or throws or deposits, or permits hi; servants or mcinbcrs of his household ., materizl d any under his control to throw or depcrit earth or materials of any descriptio~l, d.rsriaioo on or refuse, rubbish or offensive maher of my kind upon any street or public ,,d, ipr0 place 01 into any irrigation channcl or public drain or intorhe gro!jrd by gains. boring or any other means, shalI~bepunishablew ith a fine which shall not be less than one,thousandr upees ad more than five rhousand rupees and with a further fine of one hundrd rupees for every day during which offence is continued .'] . 159. Whwver, in a public place within the limits of a municipality Spilting in to which the operation of this rntioll has beenextended by a notification places"lh a hytheStateGove.m m.e ntigth'mhlaf,spitsjnaplaveohcrthanadrain than drainsor or a receptac~e by,tke committee for hie purpose shall, on provided. conviction by a ~agistraiif tho first or second class, be punishable with a fine which shall no1 hmt wenty-five mpoes and more than two hundred rupem. 160. Whoever-permiisa ny person under his conuol to whom the Nuisance by ' -. provisions of sections 82,83and 84 aftfieIndian Penal Code, 1860, are children and others. applicable tq commit n nuisance upon,any street or into any public sewer or draie,orany drain communicating thmwilh, shall be punishable with a fine which' shall not be less than twenty five rupees and more than two hunaredrupees.. ,I ,' . , 161. The removal of filrh, IubbiEh, ordm or oker offensive matter Definition of from privy, latrine urinal, ccsspoal or allu common receptacle for such 'luuse- matter in or pertaining to a?housk or building is called.house- scavenging. scavengn g. - I. Subsritukd by Haryana Act14 of2dOO. 130 M~ICIPAL 11973 :H aryana A : c t 24 ,, : - , : Undertaking by 162. (1) The committee may, at any time, underiake house committeeof scavengingofanyhouseorbuiIdingontheapplicationorwiththeconsent house- of the occupier. , , I I scavenging 1 -,, - I! generally. (2) The cornminee may by public notice undertake ihe house scavening of any house or building in the municipaiity from any date not less than two months after issue of the notice ' . . I * : .!,' (3) . The wcupier of any house~ofb uilding affected by'the notice, may at any time, after the issue thereof;-apply to the committee to exclude that house or building From the notice. (4) The committee shall consider and pass orders.upon every such application within six weeks of the receipt thereof, and, may, by any such order, exclude such house or building from the notice. , ., ! , , . - . (5) In deciding whether to exclude any house or building from the notice, the commirtee shall consider, among other matters, the efficiency of the arrangements for house-scavenging 'made by the i occupier, if any, and the purpose to which he;a pplies the filth, rubbish, ordure-oro ther offensive matter:. ! AboIirion of 163. (1) Prom the date of coming into force of this Act, the custumuy customary rights, if any, of a Safai Mudoor in respect of the house rights. ' scavenging shall stand abp.l ished. . (2) heco committee may; andshal1:if so required by the State Government pay to the Saiai ~azdoo*rh dd iiisto&ary rights have been abolished such amount by way of grant as it may d&$pro@r. The &&it and the person entitled therto shall be determinedin acdordaice with the rules. Scavenging, 164. (1) No person shall carry night-soil in any.rece.ptacleo n his etc. head. I I . , . ' , I , . . -- . - . i. . . I ,. > (2) No person who is not.more'than eighteen years of'a ge . shall be engaged by any person to take up house-sc.a.:v. e'n ging or sw&kg. (3) whoever contravenes the provisions of this section, shall : be punishable with a fine which shall not be less Lhan twenty-five rupees and more than two hundred rupees. . , . Continuance of 165. When once the committee has undertaken the h. :oIu se house-scaven- scavenging of any house or bui lding, under this Chapter; it may continue, ging once to perform such house-scavenging with or withour the consent of the under taken by -- committee. occupier for the time being of such hou . s.e o? building; - 1973 :H aryana Art 24 ] MUEIICWAI. 131 166. When the committee has undertaken the house-scavenging of Obligauon of any house or building, it shall be bound to perform the same properIy, cornrni ttw to until1 it shall have relieved itself of the obligation by an order under perform house- sub-section (4) of section 162. ' scavenging property. 167. The employees of the committee employed in house- Powers of scavenging may, all reasonable times. d~ all things necessary for the municipal proper pedornlance of any house-scavenging undertaken by the employces for housc- comrni ttee. scavenging purposes. 168. A11 matter removed by the employees of the committee in Vesdng in the course of house-scavenging shall belong to the committee. committee of colleclior~s from house- -. . , scavenging. 169. The committee may. and when so directed by the State Establishmenl Government shal I, in the manner prescribed by rules, make provision for ofc reches. the establishment and maintenance of creches for the children df women of Balmikis who are in the cmployrncnt of thi committee or work jn'private houses. Slairghrer Places 170. (I)' The committee may, and shall when so required by the Places for State Government, fix Premises, with the approval of the Deputy slaughler of Commissioner either with in or without the limits of heM unicipality, for animats lor c\ sale. the slaughter of animals foc sale, or of any specified description of such .- a. animals, and may, wi th.the like approval, p n ta nd wi thdnw Iicences for the use of such premises, or, if they belong to the committee, charge rent of fees for the USE of the same. (2) When such premises havebeen fixed by the committee beyond municipal limits, it shall, inspect and regulate the same in accordance with the bye-laws, as if they were within hose limits. (3) When any such premises have been fixed no person shall slaughter any such animal for sale within the municipality at any other place. (4) Any person who slaughters for sale any animal at any place within a municipality other than one fixed by the committee under this section, if any places have been so fixed, shall be punishable with a fine which shaII not be less than '[one thousand rupees] and more than five thousand rupees] respectively shall be subshtuted. 1. Subsrituted by Haryana Act 14 of 2MX1. MUNIC[PAL I1973 :H aryana Act 24 Disposal of 171. (I) Whenever any animal in rhe charge of any person dies dmdanimals. ~thenvisethanbyslaughtereighterforsaleorforsomereligiousputpose, 7 1 the person incharge thereof shall within twenty -four hours either - 1 (a) convey the carcass to a place, if any, fixed by the committee under section 152 for the disposal of the dead bodies of animals or to any place at least one miIe beyond the limits of the municipality ;o r (6) give notice of the death to the cornmiltee where upon the committee shall cause the carcass to be disposed of. (2) In respect of the disposal of the dead body of an animal under clause (b)o f sub-section (I)t he committee may charge such fee as the committee may, by public notice, have prescribed. (3) For the purpose of this sectio~lI he word "animal"s hall be deemed to mean all homed cateIe, elephants, camels, horses, ponies, I asses, mules, deer, sheep, goats. swina~n d other large animals. {#) Any person bound to act in accordance wirh su b-sec tion (I) of this section shall, if he fails so to act, be punishable with a fine ,which shall not be less than '[two hundred fifty rupees] and m&e than '[two thousand nipees]. Slrers mid buildings Powers in 172. The committee- ( connection with streets, (a) may lay out and make a new public street and conshmct tunnels and other works subsidiary thereto ; ' (b) may widen, lengthen, extend, enlarge, raise or lower the level of, or otherwise improve any existing public street vestedin committee ; (c} may close temporarily any public street or any part thereof far any public purpose ; (d) may turn, divert, discontinue or close any public slreet so vested ; (e) may provide within its discretion building sites of such dismensions as it deems fit, to about on or adjoin any . , 1. Substituted by Haryana Act 14 of 2000. I973 :H aryana Act 24 1 ~~[IS[CIP,~I~ 133 public street made, widened, lengthened. extended, enlarged, improved, or the level of which has been raised or lowered by the committee under clauses (a) and (h)o r by the State Government ; If) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the committee, may acquire any land, along with the building thereon, which it deems necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred under the preceding clause ; (g) subject to the provisions of any rules prescribing the con& tions on which property vesting in the cornmitree may be transferred, may lease, sell or otherwise dispose of any property acquired by the committee under clause Cfl ; or any land vesting in and used by the commiuee for a public street and no longer required therefor, and in so doing may impose condition regulating the removal and construclion of buildings upon it and the other uses to which such land may be put : Provjded that land owned by proprietors other than the State Government shall become the absolute property of the committee after it has continuously vested in the committee for use as a public street for a period of twenty-five years, but that the possession of such land which ceases to be required for use as a public street before the expiry of twenty- five years from the time it becamc vested in the committee:s hall be transferred to the proprietor thereof, on payment by him of reasonable compensation to the committee for improvements of such Iand, and subject to such restrictions as the committee may impose on the future use of such land, and that should the proprietor be unable or unwilling to pay the amount of such compensation thc committee may, subject to such conditions as it may deem fit, sell the Imd, and shall pay to the owner the proceeds, if any, over and abovc the amount of such compensation, which shall be paid into the municipal fund, or may dispose of i t in such manner as it may deem fit. 134 MLWICIPAL 11973 :H aryaoa Act 24 Power to rrquirc 173. (1) No person shall cut down any trees or cut off a branch of proreclion of any tree, or erect or domolish any building or part of a building or alter or streets during repair the ourside of any building, where such action is of a nature to ,( curling cause obst ruc~iond, anger or annoyance, or risk,of obstruction, danger, down of Irees, or annoyance to any person using a street, without the previous permission ercction or demolition of in writing of the committee. buildin,o s, erc. (2) The committee may at any time by notice require that any pcrson doing or proposing to do any of the acts referred to in sub- section (1) shall refrain Prom beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficienl lighting such hoardings or screens as are specified or @scribed in che notice and may further at any rime by notice require the removal, IVIt hin a time to be specified in I he notice, of any hoarding or screen erected in anticipation or in pursuance of ariy of the said acts. (3) Whoever contravenes rhe provisions of sub-section (1) or fails to comply with the terms of a notice under sub-section (2) shdl be punishable with a fine which shall not be less than twenty five rupees and more than ~ w hou ndred rupees and when the con travenlion or non- compliance is a conrinuing one, with a further fine of ten rupees for every day after the first during which the coniravention or non-compliance con ti nues. . 174. (1) No person shall lay out or make or commence to lay out Nolice to be given and or makc a street with out the sanction of the committee. sancrion (2) Every person who intends to lay out or make a street shall oblained given notice inw riting to the committee of such intention. before making a slreel. (3) Where a committee has issued an order under clause (6) of section 175 no notice under sub-section (2) shall be deemed to be valid until the particulars required such order have ,been furnished to the satisfaction of the committee. Order of 175. The Committee may within one month of thc receipt of the committee on notice required by sub-section (2) of section 174, issue- notice being given under (a) an order directing that for a period therein specified, seclion 174. which shall not be longer than one month from thc date of such order, the intended work shall not be proceeded with ;o r (6) an order requiring further particulars. 1973 :H aryana Act 24 1 WISICIPAL 135 176. With in two months after receipt of [he notice required by sub- Sanclion of section (2)o f section 174 the committee may refuse to sanction the proposed commirtcc street, or may sanction it either absolu~elyo r subject to such wrilten with regard to directions as to levelling, metalling, paying means of drainage, direction new streel. and width as the committee may deem fit ro issue, and the person 1a y ing out or making such street shall comply with the sanction of the committee . in-everyp articular : . Provided that shouId lhe comrni ttee neglect or omit for lwo months after the receipt of such notice or if an order has been issued under clause (b)o f section 175 fai I .within the period specj fied in such order, to make and deliver to the person who has given such notice an order of sanction or refusal in respect thereof, it shalI be deemed to have sanctioned thc proposed street absolutely. , . . 177. Every sanction for the laying out or making 01 a street which Duralion of shall be given. or be deemed to have been given, by a committee. shall: sanclion. remain in force for one year only fmrn h ed ate of such sanction. Should the laying out or making of the street no1 ha& bccn commcnccd within the said period of onc year, the sanction shall be deemed to have lapsed; b us~uc h lapse shall not bar any sub&i~eriat pplication for fresh sanction under the foregoing provisions of this Act. Exp1crnatio11.- A street shall be deemed to be made or 'laid out when it is demarcated on the ground made by pemknent boundary-rnjks. , , 178. Whoever begins, contiriues /or:c ompletes the laying- out or Penalty. making of a street without giving the notice required by section 174, or in contravention of any-w ritten directions made under section 176 or of any bye-law or provision of this Act,.shall be lizble to a fine which shall not be less rhari'[five hundred rupees] ai-td more than '[five thousand rupees]. 179. In any case where .the committee considers rhac any land is Notice lo being or has .been laid out as a street wiihout the notice required by owner of land section 174 having been given or in contravention of any written direction under street. made by the committee under section 176, or of any bye-law or provision of this Act, the committee may, by notice in writing, require the owner of the land to a1 ter-t he. sweet in such manner as it deems necessary; 1. Substi tuled by Haryana Acr 14 of 2000. 136 MUN~CIPAL I1973 :H aryana Act 24 Power to 180. (I)( a)W hen the cormittee considers that in any street other i require repair5 than a public street, or in any pan, of such street within the municipality, it ! Of 'lreera nd lo is necessary for the public health, convenience or safety, that any work declwe such should be done for the levelling, paving, metalling, flagging, channelling, swcets public. draining, lighting or cleaning thereof the municipal committee may by written notice requim the owner or owners such street or part thereof, to carry out such work in a manner and within a rime to be specified in such notice. (b) Should the owner refuse or should he fail to carry out the work within the 'time specified,'the committee may, by writt'en notice, require the owners of the land or buildings, fronting adjoining or abutting upon such strect or part thereof to carry out the work in such manner and within such time as may be specified in the notice. (2) If compliance with thc terms of the notice issued under clause (b)o f sub-section (I) is noi effccted within the time specified the committee, may, if it think fit, itself cxccute the work and may recover under the provisions of section 95 the expenses incurred in doing so in such proportion as ir may deem equitable from the owner of the street and the persons scrved with notice under clause (h) of sub-scction {I). . , After such work has been carried out by the persons served with a notice under clause (b)o f sub-section (I) or as provided in sub-section (2) by the committee at the expense of such persons and the owner of the street, the street or part thereof,, in which such work has been done, may, and on the requistion of the owner or owners of the major porrion of the said street or pan thereof, or on the requistion of a majority of the persons served with a notice under clause (b)o f subrsection( 11,i t shall be declared by a public notice to be put up there in by thexomittee .to be a public street and shall vest in the committee. (4) Acommitteemay itany time, by noticefixedupinany I street or part thereof not maintainable by the committee, give intimation of their intention to declare the same a public strwt, and unless within r . one month next after such notice has been so put up, the owner or any one off several owners of such street or such part of a street lodge objection thereto at the municipal office, the municipal commi tree may, by notice in writing, put up in such strcec, or such part, declare the same to be a public street vested in the comitiee. 1973 : Baryana Act 24 1 MUNICWAL 137 'Il81. (I)W hoever without the written pertnksion of the Committee, Punishment lor makes any immovable encroachment on or under any street, on, over or imm~vable under any sewer, or,w ater course or crects or re-erects any immovable encroachmeni or overhanging overhanging structure projecling into a street at any point above the said ,,,,,ure ground level shall bc punishable with imprisonment for a term up to six i&& months or with a fine which shall not be than i[&o thdusand rupees] and more than 2[ten thousand rupe.e s] or both. , ' , I ' "(2) Without prejudice to the provisions of sub-section (I), the committee, rht executive officer or the secretaj ,a s the case may be, may, by nolice, call upon any person who has committed a breach of the provisions contained in the said sub-section, to stop the unauthorised constructivn forthwith and to remove or-a lter such immovable encroachment or overhanging structure as, aforsaid within a period of seven days and if such persoh fails to show cause to the satisfaction of the comrriittee, [he executive officer or the secretary, as the case may bc, within the saidperiod of seven days, h ec ommitlw, theexecutive officer or 'the secretary, as the case may be, shall proceed .to remo:veit hc unnuthorised constructioh and the cost of such removal shall be &o~.~red from the defaulter. Tf the defauIter fails to pay the cusr: of removal of unauthorised construction on demand within fifteen days, the cost shall be recoverable from such person as arrears of land revenue and the committee shall disxonnect the water supply ai~dth e-scweragec onnections , . 1 , ' . , , , , . , ,~,, , )I: Provided rhat if a,peA4b of moic than five years has elapsed from thc cI om ) p letion of en :: c , r .I o a'cI hmen . t o , r , o v 9 e , r , h . ,a qging structure, no prosecution shall Ire under sub-section (I).] 182. ( I ) ~hecommiitce'mgar~a ntpermis ' s ionin " w riting,onsuch Powerto conditions as may be approved by rhe'~e~uty,~ommisslofnoer rth e permit safety or convenience of persons passing by. or dnlelli,ng or worhng in accu~ation pubIic sheet the neighbourhwd, and may 'it itidis~retidnw ithdraw the permission, ad la to any person to - ' , , remove (3p lace in fronr of any building gny movable obsOUCtion~ encroachment upon h e level of any public street or over or qn any sewer, drain or water.courseo r any movable overhanging stmc& projecting into such public street at a point above the said ground level, 1. Substituted by Hayana Aut 29 of 1988. 2. Substi~u~ebdy Haryana Aci 14 of 2000. MUYrCVAL I1973 : Haryana Act 24 I (b) take up or alter the payment.or other materials for the fencesof posts of any public street, // ! (u) deposit or cause to be deposited building materials, . ! - goods for sale, or other ankles on any public street, . . , (d) make h y ~ a - locr excavation on,i n or under any street, , ',: ,., , or remove materials from benealh any street, so as to cause risk of subsidence, or (L.1 ereit or set up any fence, post, stall or scaffolding in . .. dni'public strcet, , . - , , , and may charge. fees according to a scale to be approved by the Deputy Commissioner for. such permission. (2). Whoever does any of the acts mentioned in sub-section (1) wihtdut the &~it;irten'pennissioonf the committee shall be punishable '[with a fink which shall no1 be less than tWo hundred rupees'a nd more than iwb thbusand rupecs] aid the'corhittee or the '[skcre~ar~]o f the commiitce -or'th'e,'Wealrh'O ffi'ce'l. or -any person authorjsed by the . . com'miltee may- ; -. , ,. ,, . . , :, . (i) 'after reisonable opphrunityh as been given to the owner . .. to rernpve his mategal and he has failed,t o do so, , , , , remove or cause to be removed by the police, ,or any ' ot - her 8 ag , en cy, any such moveable encroachments or overhanging structures and any such materials, good or . . . ''h,r.t,i.c , l.e,,'~ b f hekhandiSk and-anys uch fe'nce, post, stall, I . !. - . br sc&olding, L : ., , (ii) take measures to restore the street to he condition ii . ,. , -, , :' ' . " w . as-id befor& a , n * v ( i s i uI ! , c .h . , I - alterat . i , o n , , excavation or . , . . , . . , , . ,. .d amage. I r ~ ' -- . . ,. .. 5. (3). fi'ihe mateial. specified in clause (i) of sub-section (2) hasn ot been claimed by the dwner within a fofinight of its having been deposited for safe custody by the committee, or of the owner shall fail to . I pay 10 the commi ttee the actual cosibf &rnoval or deposit in safe custody, r the committee' may have the material sold by auction at the risk oft he owner, and the balance of the prodeeds of such sale shall after deduction of the expenditure incurred by the committee be paid io the owner, or if .I. Substiluted by Haryana Acr 29 of 1988. . 2. Subslituted by Haryana Act 3 of 1988 and further substituted by Haryana Act 15 of 1989. , , . 1973 :H aryana Act 24 1 ~~UNICIPAL 1 39 the owner cannot be found, or refuses to accept payment the balance shall be kept in deposit by the committee until claimed by the person entitled thereto, and if no claim is made within two years the committee may credit the amount to the municipal fund. , Explat~ation.- For the purposes of this section 'movable encroachment' indudes a seat or settee, and 'movable overhanging structure' includes an awning of,any materials. 183. Notwithstanding anything contained in sections 18 1 and 182, Power of the Deputy Commissioner may within his ju~isdictiono rder any person D e ~ u l ~ Commissioner. responsible for any unauthorised encroachment as specified in sections 1 8 1 and I 82 to remove oral ter such encroachment within a specified time not excecding two weeks and on non-compliance with such order may remove or altcr such encroachment and ~alisaell expenses thereby incurred from the pcrson concerned as fine in a criminal court. 184. (1) Should any house, shop, wall or other building or part of Power to a buiIding project beyond the regular line of a street, either as existing or r"P1atl~in e. as derermined for the future, or beyond the front of the building on either side hereof, thc committee may, whenever such house, shop wall or other building or part thercof, has been either entirely or in greater part taken down or burned down, or has fallen down, by notice require such building or part when being rebulit to be set back to or towards the said regular line or he front of the adjoining buildings; and the portion of the land added to the street by such setting back or removal shall become part of the street and shall vest in the committee : Provided that the committee shall make full compensation to the owner of the building, or of the land thus vacated, for any demage he may sustain in consequence of his building or any part thereof being set back. (2) The Committee may, on such terms as it may think fit, allow any building to be 'set forward 'for the improvement of the Iine of the street. 185. ,Notwithstanding anything contained in sections 18 1, 182 or Special 184, or in clause (w) of section 200, and subject to any general or special P " ~ ~ ~ ~ ~ ~ ~ regarding order that the State Government may make in this behalf, if any street is stleer vested in the State Govemment- belonging 10 (a) the cornmiltee shall not, in respect df such street, grant permission to do any act the doing of which without Y uL IC[ PAL I1973 : IIaryana Act 24 I ! the written permission of the committee is punishable I - under section 18 1 or section 182 or allow any building ./ to be set forward under the provisions of sub-section (2) of section 184, except with the sanction of the State . . \. Government which may he given in respect of a class ! of cases generally or in respect of a particular case ; {bJ the committee shall, if so required by the Slate Government, exercise the power conferred upon it by sub-section (2) of section 181 or sub-section (2) of section 182 or sub-section (1)o f section 184 or clause (rul) of section 200 or any bye-law made in exercise of the power conferred by clause (w)o f section 200 in respedt'oIa ny encrochment or overhanging structure on or over such sbet or any matcrids, goods or articles , of merchandise deposited on such street or fence, post, stall or scaffoiding erecred or set up in any such street ! or in respect of any building or part of a building which projects beyond theregular line of such street. I , Removal or . 186. The committee may, subject to thc payment of reasonable i allcrarion of I compensation, by notice, require the owner or ocupier of any building any balcony within a period of not less than six weeks, to be specified in such notice, projection or sirucrure, el=.. to remove or alter any balcony, projection, structure or verandah, erected an paymen1 of with the sanction of the commj ttee, overhanging, projecting into or compensation. encroaching on any street or into or on any M n ,se wer or aqueduct the~in. Power 10 attach 187. The .cornmittce may attach to the outside of any building brackeu for brackets for lamps in such manner as not 'to occasion any injury thereto or lamps. inconvenience. ,., Construction 188. The committee may, and if so required by the State Government of strllls. shall construct stalls, and 'shall lease [hem out to any (person on such conditions as the State ~6imunenmr ay by general or special order specify. Deskoying 189. Whoever, without being authorised by the committee, defaces direction-posu, or distrubs any municfpali ty direction-pos t, lamp post or lamp or lamp-posts, etc- extinguishes any municipal.light, any public place, shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees. 1973 :H aryana Act 24 ) MUNICIPAI. 141 190. (1) Whoever, without the consent of the owner or occupier Bill-sticking or other person for the time being in-charge, affixes any posting bi I1 notice, without playcard or other paper or means of advertisement against or upon any permission. building, wall, tree, board, fence or pale or write upon soils, defaces or marks any such building, wall, tree, board, fence or pale, with chalk or paint or in any other way whatsoever, shall be punishable with a fine which shall not be less than twenty-Five rupees and more than two hundred rupees. , - (2) Notwithstanding anything conrained in section 243 a court may take cognizance of an offence under sub-section (11 of this section upon the complaint of the owner or occupier or other person in-charge of the property in respect of which such offences is a1 leged 10 have been committed. 191. (I) - The comrni ttee may cause a name or number to be given Names or to any street, chowk, locality or building and to be affixed on any chowk numbers of locality or building in such place as it may think fit. s(TeeLS, buildings, c ~ . (2) Whoever shalI dcstory, pull down or deface any name or number affied to any street, chowk, locality or building under this section, or pur up any differenl name or number from rhal put up by order or the committee, shall be punishable with a fine which shall not be less than twcn ty-five rupees and more then two hundred rupees. 192. The committee may, where it appears to it bc ncccssary for Inflammable the prevention of danger to life or property by public'notice, prohibit all materials. persons from stacking or collecting timber. wood, dry,grass;'strawo r other inflammable materials'or placing mats or thatched huts or lighting fires in any place or within any limits specified in the notice. 193. The committee may duect that, within certain limits, to be fixed Roofs and by it, the roofs and external.w alls of huts or other buldings s ha1 l not be exlernal walls made or renewed of grass, mats, leaves or other highly inflammable no1 to be made of marerials without the permission of the committee in writing; and the inflamrnablc committee may, by written notice, require any \;ho h ad isbdeyed materials. any such direction, remove or alter the roofs or wa11ss o made or r,eIn.e*w . e d as it may think fit. 194. (I) Whoever, without the permission of the committee, pickels Picketing animals or collects carts on any street, or uses any street as a ha1 ting placc animals and collecting for vehicles or animaIs of any description or as a place of encampment, or carts. causes or permits animals to stray shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees. MUNICIPAL [I973 :H aryana Act 24 ' (21 Any animal found picketed, tethered or straying on any public street ii thkut permission of the committee may be removed ro a pound by any employees of the committee or by a police officer.. '/ . . Driving 195. (1) Whoever drives or prope!s any vehicle not properly I vehicles supplied with lights in any street during the period from half-an hour wit how proper after sunset to half-an-how before sunrise, shall be punishable kith a lights fine which shall not be less than ~wenty-fiver upees and more than two hundred rupees. (2) Whoever, in driving. leiding or vehicle along - a strect, fails without reasonable excusc I ( . a) t o keep to the left, or (b) When he is passing a vehicle going in the same : , direction, tq keep to right of that vehicle, shall be liable to a fine which shall not be less than ~wenty-fiver upecs and more than two hundred rupees. ' I Excepfiotl - This sub-section shbll not apply to a municipality I I .I wholly or in part situated in a hilly (ract. , i , , Beating drums, 196. Whoever, in contravention of any general or Spe,cial elc. prohi bition issued by the committee, without. the pcrdssion of the committee beats a drum oi torntom, blows a h& ar trumpet or beat or sounds any. brass on other instrument or utensil. shall be punishable with , ' a fine which shall not be less than twenty-five rupees and more than two hundred rupees. 1 Explannribrl I - 1n the case of bands, each individual member of . ., &ch band shalt be punishable under this section. ' Expianution II - For the purposes of this section "instrument1' sh?ll, include a g;a&ophone, a wireless receiver, .a loud-speaker or any e~edtrcia ll or &chanically operated instrument capable of producing , . ,, I loud noise. Discharging 197. Whoever discharges fire-arms or lets off fireworks, : fire-arms etc. fireballoons or detonators, or engages in any game, in such a manner as I to cause, or be likely to cause, dangers to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be ' , ' punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees. 1973 :H aryana Act 24 1 MUNICTPAL 143 198. Whoever quarries, blasts, cuts rimber or cames on building Quarrying. operations in such a manner as to cause, or to be likely to cause, dangers blasling, to persons passing by or dwelling or working in the neighbourhood, shall tuning limber or building. be punishable with a fine which shall-notb e less than twenty- five rupees and more than two hundred rupees. - . 199. A cornmitee may, with the previous sanction of the Deputy Powers to levy Commissioner, levy small fees on each person attending a fair on which fee at fair- the committee incurs expenditure under clguse G'jJ of sub section (2) of section 57 and on persons exposing goods for sale and all persons carrying on any occupation for gain, except water-carriers, scavenger and others employed in connection with fair, for defraying the cost of sanitary arrangements, warch and ward and the like. BYE-LAWS 200. The State Govemmenr shall make bye-laws applicable to a1 l Gcncral Bye- or any of the municipalities as il may, by notification, specify, by which laws the committees shall- (a) render Licenses necessary for the proprietors or drivers of vehicles, other than motor vehicles or animals kept or plying for hire within the limits of the municipality, and fix the fees payable for such licenses and con& tions on which they are to be granted and may. be revoked, and may by such con&t jons provide among other things for a minimum breadth for wheel tyres and for a minimum diameter of the wheels; (b) limit the rates which may be demanded for the hire of any carriage, cart, or other conveyance, or of animals hired to carry Ioads or persons, or for the services of persons hired of carry loads or to impel or carry such conveyances and limit Ih e loads which may be carried by any animal, or carriage, cart, or other conveyance, plying for hire, within the limits of the minicipality ; (c) provide for the proper ,registrationo f births, marriages and deaths, and for the takiitg of a census; MUNICIPAL (1973 :R aryana Act 24 (d) fix, and from time to time vary, the number of persons I - - who may occupy a building m part of a building which : is let in lodgings or occupied by members of more than i ' one family, or which is situated within such congested ; bazar areas as may be specified in the bye-law; and -proyide I , (i) for the registration and inspection of such buildings ; (ii) for the licensing of hotels and iodging-housesa nd 'for the fees payable for such licences and the conditions on which [hey may be granted or revoked 3 (iii) for promoting cleanliness and vcntilation in such buildings ; (ill) for the notice to bc given and ihe precautions lo be takcn in the,case of any infecJious or contagious , discase breaking-out in such build; ngs ; ' , (v) for the scavenging, removal and disposal of-all rubbish, filth, night soil, sullage or sewage in such , . . , , buildings ; . .. . . - (vi) in the case of hotel, semi and lodging-house-keepers .r , . aitd, the secretaries of residential clubs for the - ., 'maintenance of registers in such form as the - ,, committee may prescribe, of visitors and lodgers ; and (vii) generally for the proper regulation of such buildngs, ' I . . (e) @vide-- . I I . (i) for the inspection and .proper regulation of encamping grounds, pounds, serias, bakeries. . aerated-water factories, ice factories, dhobighat, flour-mills, foodgrain godowns, dispensing chemist; shops, slaughter-housesa nd places licenced under scction 128, . . - ., (ii) for,t he inspection and proper regulation of markets . and stal b for the preparation and exhibition of a list 1973 : Haryana Act 24 1 MUNICIPAL 145 of current price and fixing the fees, rents and other charges. to be levied in such markets and stalis ; (iii) for the holding of fairs and indusrrial exhitbiions within the municipality or under the controI of the committee, and for the collection of fees under section 199 ; (ill) for controlling and regulating the use and management of burial ind burning grounds ; (vJ for the supervision, regulation and protection from pollution public wells, ranks, springs or other sources from which water is or may be made available for the use of the public, whether within or wj thou1 the municipality ; (vi) for Lhe licensing, inspection and proper regulation of theatres and other placcs of public resort, recreation or amusement-; {vii) for the inspection and proper regulation of channels which are supplied wirh water from any canal to which kither the Northern India Canals and Drainage Act, 1873, or the Punjab Minor Canals Att, 1905, applies ; [(viii) for the control of malaria in municipal areas ;] (fi require and regulate the appoihtment by owners of buildings or Iand in the municipality, who are not resident in the municipality, of persons residing within I or near the municipality to act as their agents for all or any of the purposes of this Act or the rule; (h) renderslicencesnecessary forusingpremisesasstables, cow-houscs or houses or enclosures for sheep, goats, or swine, andrcgulate the grant and withdanval of such licences; 1. Inserted by Haryana Acl29 of 1988. 2.

Omilted by Haryana Act 1 of 2000. MUNICIPAL 11973 :H aryana Act 24 (i) in any municipality where a reasonable number of slaughter-houses has been provided or licensed by the committee, control, regulate or prohibit the admission within the municipal limits for the purpose of sale of the flesh, other than cured or preserved meat, of any cattle, sheep, goat, or swine slaughtered at any s laughter-house or place not maintained or licensed under this Act. and may provide for the scizurc, destruction or disposal otherwise ofa ny flesh broughl wi~hinm unicipal limits incontravention of any such bye- law ; Ij) fix premises within the municipality in which the . slaughter of anirnalsof any particular kind not for sale, shall be permitted, and prohibit. except. in case of necessity, such slaughter else where within rhe municipality : Provided that not such. bye-laws shall apply to animals slaughtered for any religious purpose ; I (k) prohibi~t he letting off of fire m s . f ireworks, fire- I balloons, bombs or: detonators except (I) with the permission of the cornmi ttee or of a municipal officer empowered to give such permission, (2) subject to such conditions as the committee may impose, and (3) ,? , on paymint of such fees, if any, as may at any time have been fixed by thc committee in that behlaf ; : (I) regulate the conditions on which the consent of committee to establish new factories or workshops be gveb under section 129 ; (m)p rovide for the issue of directions for abalement of nuisance caused by the steam, water, electrical, mechanical or other power ; In). regulate the making and 'use of connections or communications between private houses and premises and mains or service cables wires, pipes, drains, sewers and other channels established or maint,ained by the committee, under any of the provisions of this Act ; 1973 :H aryana Act 24 1 MUNICIPAL 147 (01 regulate the collection, storage, preservation from pollution and.use of rain water and the carrying out of the provisions of sections 108 to 1 14; (p] regulate the posting of bills and advertisements and the position size,. shape, and style of name-boards, signboards and sign-posts; (g) provide for, rcgulare, require or prohibit Lhe consrruction, pattern of construction, maintenance and malerials of boundary walls, hedges and fcnccs hered~er erected or re-erected so as to abut on a public street or upon property vested in the cornmirtee; (I;) regulate or prohibit any description of mffic in the streels and provide for the reduction of noise caused thcrcby ; (s) prohibit the storage of more than a fixed mz~irnum quantity ofa ny explosive, petroleum, spirit, naptha. or other inflammable material in any building not registered or licensed under section 128; It) provide for the seizure and confiscation of ownerless animals straying within thc limits of the municipaliiy; (u) provide for the registration of all or any specified classes of dogs, and in particular and without prejudice to the generality of the foregoing - (i) pvidef or the imposition of an annual fee for such regstration ; (ii) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the cornrnittce ; (iii) provide that any dog, not registered and wearing such token, may, if found in any public place, be detained at a place to be set apart for the purpose, and will be liable to be destroyed or otherwise disposed of after a period to be specified in the bye- laws ; . , rend& licences necessary for hand cans employed for (11) transport, or hawking articles for sale, and for the MUNICIPAL (1973 : Haryana Act 24 persons using such hand carts, and prescribe the conditions for the grant and revocation of such licences; (w)r egulate the conditions on 'which and the periods for which permission may be given under sub-section (I) of section 181 and sub-section (I)o f section 182, and provide for-rhe.levy of fees and rents for such permission ; (x) provide for the registration, inspection and proper regulation of buildings ordinarily utilized for the residence or treatment of persons suffering from infectious diseases and for the limiting of the number of such pcmons who reside in such buildings or part of such buildings ; '[(xr) regulate the conditions for installarian of Lents by tent owners ; and] ryl generally provide for carryingout the purposes of this Act. Provided that the State Government may of irs own or on a represen. ration from a commirtee alter, vary or modify the bye-laws so as . . to suit the particular nceds of the committee. 201. '[{I) No person shall erect or re-erect or commence io erect Prahibitic~no f building or re-erect any building wilhout the sanction df the committee : . without Provided that e L r ection or re-erection of any building in a sanction. contro!led aera shall be in conformity with the plans, the restrictions and conditions referred to in seclions 203C to 203E.1 (2) Everypersonwhaintendst~'ektorre-erectmbyu ilding shall give notice in writing to the cDhminb; ~fiuchm ention. (3) The State Government shall-b y bye-laws- (a) prescribe the manner in whiih notice of the intention to erect'or re-erecr a building shall be given to the commiB ee ; , , , (b) require that wjrhevery such notice shall be furnishcda site plan of the land on whichit is intended to erect or re-erect such building and a plan and specification of 1. Inserted by Haryana ACL1 8 of 1998. , , . - , 2. Substituted by Hqana Act 1 of 2001. 1973 : Haryana Act 24 1 MUYICVAL 149 the building, of such character and with such details as the bye,law may require ; (c) where the building appears likely to be usedas afactory, require the provision of adequate housing accommodation,inc onnecuon therewith : Provided hat the,State Government may of its own or on a representation from any committee alter, vary or modify the bye-laws so as to suit the particular needs of h ec ommittee. (4) Where bye-laws hare been framed under this section no notice under sub-section (2) .s'ha11 be considered to be valid until the information, if any, required by such bye-laws has been furnished to the satisfaction of the committee. 202. (1) The State Govcrnmen t shall make bye-laws applicable Power of Stare to a11 or any of the rnunicipalitics as it may, by notification specify, by Govcrnmenl lo which the commitces shall regulate in respect of the erection or re-erection bye-laws of any buiIding within the municipality or part there of - ilS tO crcction or re- (a) the materials andmethod of construction to be used for erection of external and walls, roof, floors, stai r-cases, lifts, fire-places and chimneys ; (b) the ~iitenalsan d method of'constmction and position of fire-places, chimeys, drains, "[watcr seal latrines] prj vies, urinals and cesspoo.l s ; , , , - - - - . (c) the height and.s1ope';f thk.r,oof gbove the uppermost lhe floor upon which human &ngs a& to or cooking operations arc to be c-ed on ; (dl the ventilation and the space to be left about the building to secure the free circulation of & and for the prevention offire; , : - > : ,,, :;.:. ,,, ,, I , (el the line or frontage where,t he building abuts on a street ; (fl the nurnber.and-h eight- of the storeys of which the buildrig may consist ; (g) [he means to be provided , for.- e gress from the building in caseof fire ; . - - 1. Substituted by I-Iaryana Acr 3 of 1994. WNIC~PAL ,' 11973 :H avana Act 24 - - (11) the materials and method of construction to be used for godowns intended lofor the storage of foodgrains in , . excess of fifty maunds, in order to render them rate- . proof; (i) the minimum dimensions of rooms intended for use as living rooms or sleeping. rooms ; (j) the ventilation of room and the minimum dimensions of doors and windows ; (k) t'bc position and dimensions of projections beyond [he outer face of any external wall of a building ; (I) the height of ractory chimneys and the provision to bc made for consumption of smokc arising from thc combustible used in any fire-place or furnance in a factory : I ! Provided that the State,Govementm ay of its own or on a representation from any committee alter, vary or modify the bye-laws so as to suit the particular needs of the committee. I (2) Notwithstanding anything containcd in section 105, no I person shall erect or re-erect any building in contravention of any bye- law made under sub-section (I): ' ., , , , Building 203. (1) The committee may, and if so'requiredb y thc Dcputy schcmes. Commissioner shall,, within six months of th= dare of such requisition, . - draw up a building 'sc , hein.Ie. for built :&as, and a town planning scheme for unbuilt area$ which: may among other things provide for the following matters, namely :- (a] the restriction of the erection or-erection of buildings or my class or buildings in the whqle of or any part of the municipality, and of the use td which they may be put; {b) the prescription of a building line on either side or both sides of any street existing of proposed; '[(c) the amount of Iand in ,suchunbuilt area shall be transferred to the committee for pblic purposes including use as if public streets by owners land on payment of I coni'+nsatioh . . . . , . . I. Substituted by Haryana Act 6 of 1993 and further substituted by Haryana Act 18 of 1998. , . 1973 : Haryana Act 24 ( Mu&trpAL 15 1 Provided that the total amount so tranferred shall not exceed fifty per centum : . . Provided further that where owners of land offer land willingIy without payment of compensation to draw up a town planning scheme [hey shall not:be' entitled to any compensation;] (d) the determination of the size and shape of a reconstituted plot so as to render'it suitable for building purposes and where the plot is already built upon, to ensure that the bulding, so far as possible, complies with the provisions of the scheme in respect of open spaces ; . - (e) the formation of 3 rcconstjtutedplot by the alteration of the boundaries of an original plol ; . . fl the formation of a reconstiluted plot by the transfer wholly or partly of the adjoining lands ; (g) the allotment of a plot to any owner &sposscssed of land in fudherance of the scheme ; (h) the transfer of ownership of a plot from one person to ,another; a nd (i) the derails of the internal services, estimated cost for providing them, the extcnt of thc IiabiIiry of'the owners of buildings and lands for the payment of the >cIo.!s.t a - nd the manner of payment of the same. &pimation.- For the purposes of this section,- , 4 (I) the reconstituted plot shall mean a plot which is altered in ownership or ather wise as a result of making of a town planning scheme; . . , , (2) internal services shall mean,- :1 (i) metalling of roads and paving of footpaths ; (ii] turfing and plantation with trees of open spaces ; (iii) street lighting: (iv) adequate and~wholesomew ater-supply ; (v) sewers and drains both for storm and sullage warer and necessary provision for their treatment and - disposal ;a nd /' (vi) any other works that the committee may think necessary ,-- for the development of the area comprised in the scheme. (2) When a scheme has been drawn up under the provisions of sub-section (I), the committee shall give public notice of such schemes ' and shall 31 the same time intimate a date not less than thirty days from the date of such notice by which any person may submit ro the commirtee in writing any objection or suggestion with regard to such scherne which he may wish to make. (3) The committee shall consider every objection or suggestion with regard to the scheme which may be received by tbe date intimated under the provisions of sub-scction (2) and may modify the scheme in consequence of any such objection or suggestion and shall then for ward such scheme as originally drawn up or as modified to the Deputy Commissioner, who may if he thinks fit, return it to the committee for reconsideration and re-submission by a specified date; and the Deputy I Commissioner shall submit the plans as forwarded, or as re-submi ttcd, as the case may be, with his opinion to the Stale Govemmen~w, ho may sanction such scheme or may refuse to sanction it, or may return il to the commj tlee for reconsideration and re-submission by a specified date. (4) If a committee fails to submit a scheme within six months of being required to do so under sub-section (I)o r fails to re-submit a scheme by a specified date, when required to do so under sub-section (3) or re-submits a scheme which is not approved by the State Government, the Deputy Commissioner may draw up a scheme of which public notice shall be given by notification and by publication with in the municipality together with an intimation of the date by which any person may submit in writing to the Deputy Commissioner any objection or suggestion which he may wish to make, and the Deputy Commissioner shall fonvard with his opinion any such objection or suggestion to the State Government, and the State Govemment may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the State Government may think fit; and the cost of such scheme or such portion of the cost as the State Government may deem fit shall bc defrayed from the municipal fund. 1973 :R aryana Act 24 1 MUNITIPAL 153 (5) When sanctioning a scheme the State Government may impose condition for the iubmission of periodica1 reports on the progress of the scheme to the Deputy Commissioner or to the State Government, and for the inspection and supervision of the scheme by the State Government. . . , I , , (6) After the,scheme has been sanctioned, the committee shall , , proceed,t o,providei nternal services as soon.as possible and complete it within a period of five years from the date of its sanction. I[203A. (I) Notwithstanding ar$thihg contained in section 203. Regularisation the State Government may, in thepublic interest, regularise the buj ldjngs certain in any area whether constructed with or without sanction oP~hcm unicipal buildings. committee and for whi.c.h. ,nob uilding scheme or town planning scheme I: has been sanctioned , .]. . , :,,. . , "(2) The c,ommittee phall ,in respect of,a rea covered under . sub-section (1) prepare . a I , . re g$&..s ,q.tio.n. sche. me as may be prescribed in I the Ales. ' (3) Every house owner/plot holder shall be l jable to pay the rcgulesation fie on demand to the rnun/cipality within thjny days of demand notice.] I j. - I r . , '1203B. (1) The Stare Govemrnent shall, by notification in the Constirulion of Official Gazette, constilute in each dislrict , a ~istricpt lanning ~brniniteeeD islricr to consolidate the plans prepared by the Panchaya ts and he municipalities Cornmiltee. in the district'and to preparP1:a draft development plan for the distict as a whole. . >? , , . ,;, - , , i 7[b , , ' - (2) Thc State Government may prescribe by rules the manner in which the s'eats in the District Planning cornmi ttees shall be .. filldin : , :> . - . , . , , . , Provided this &btJiei'sth an fbir-fifths df the total number df members df such ~bmkttek-$halble elected by and frorn,amongsl'hf g elected members of the Panchayat at the district level and of-t he Municipalities in the district in proportion'tot he'ratio between population of the rural areas and of the urban areas-int he district. , , , - . ,, . . 1. Inserted by Haryana Ac! 8 of 1985. < . 2. Insencd by Haryana Act 3 a€ 1994. 3. Substiluted by Iiaryuna Act 14 of2OQO. 154 MUNICEPAL 11973 : Haryana Act 24 (3) Every District Planning Committeeshall, while preparing I the draft development plan- i' - (a) have rcgard to I (i) matters of common' interest between the , i Panchayats and the Municipaliries including ! spatial ,planning, sharing of water and other physical and natural resources the integrated development of infrasturcture and environmental conservation ; , , I . (ii) the cxtent'md:type~ofavailableresoueewih ether financial orotherwise ; : ,(b)c onsult such insiiturions and organisations as the Government may, by order, specify. (4) The Chairperson of'every ~ish-icPtl anning Committee - shall forward thedevelopment plan; as recdkendcd by such Committee, I to the State Government.] I Declaralinn of '[203C. (I) Nohvithstahdia anything to the conthy contained controlled in the-P unjab ~chkduledR oads and C6rttrolled ~reas',~estriciioofn : ,. arca. Unregulated Development Acl, 1963 (Act 4 1 of 19631, the Director may, with prior approvq of the State Govrnment, by notificatj on in the.Of5cial ~azettc~beclamrey a mw ithin the limits of a municipality to be controllcd~ , area. In case any area has already been declared as controlled area by the Director, T o ya nd Country Planning, then the.same shall be deemed to be the controlled area for the purpose of this Act. , . (2) The Director shal I not later than six months from the date of declaration under sub-section (I),o r within such further period as the State Government may allow, prepare plans showing the controlled area and signifying therein the nature of re. strictions and,conditionsp roposed , Ad to: be made applicable to the conklled&a sulkit the plans to the , State Government : Provjded that the plans of the &as already declared as controlled area by the Directqr, Town and ,Country Planning and nature of restrictions and conditions made applicable to such controlled areas, may be adopted as such or with modifications by the Director, with prior approval of the State Government. 1. Substituted by Haryana Act 1 of 2001. 1973 :H aryuna Act 24 1 (3) Without prejudicate to the generality of the powers specified in sub-section (2) above, the plans may providc for any one or more of the following matters, namely :- (a) the division of any site into plots for the erection or re- erection of any building and the manner in which such plots may be transferred to intending- purchasers or lessees ; (h) the allotment or resservatjon of land for roads, open spaccs. gardens, recreation grounds, schools, markcl and other public purposes ; (c) the 'development of any site into a colony and the restrictions and conditions subject to which such development may be undertaken or carried out; [d) [the erection or re-erection of bui ldings on any site and the restrictions and conditions in regard to the open spaces to bc maintained in or around bulldings and the hcight and character of buildings ; (e) the alignment of buildings on any site ; fl thc architectural features of the elevation or frontage of buildings to be built on any site ; (gJ the amenities to be provided in-relation to any site or buildings on such site w hcthet before or artcr the erection or re-erection of buildings,on s.1 , 1 , . c.h-s ite and'the.persono r authority by whom such amenities are to be provided; (It) the prohibition or restriction regarding erection or reerection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or bildings designed . , for particular purposes , in any locality ; (I)th e maintenance of walls, fences, hedges or any olher structural or archtectural construction and the height at which they shall be maintained ; (j) the restrictions regarding thc use of any site fur purposes other than the erection or re-erectior,bf build~ngs; . -, MIKICIPAL 11973 : Haryana Act 24 (k) any other matter which isnecessary for the proper planning of any controlled area and for preventing bui Idings being erected or re-erected haphazardly in such area. ,, / i (4) The State Government may either approve the plans with- out modificationso r with such modifications as it may consider necesary / 1 or reject the plans wirh directions to the Director to prepare fresh plans according to such directions. (5) The Djrector shall cause to be published by notification the plans approved by the State Government under sub-secrion (4)f or the purpose of inviting objections thereon. (6) Any person.w i thin thirty days from the date of publica~ion of the notification under sub-section( 5) send to the Direcror, his objections and suggestions in writing, if any, in respect of such plans and the Direcror shall consider the same and forward the o m f with his recornmcndations to the State Government within a period sixty days from thc aForesaid date. (7)A fter considering the objections, suggestions and representations, if any, and recommcndations of the Director thereon, the State Government shall decide as to the find plans showing thc conrrollcd area and signifying therein the nature of restrictions and condirions applicable to the controlled area and publish the same in the Off~ciaGl azerte and in such other manner as may be prescribed. (8)'~ rovision'ma~b e made by mles made in this behlaf with respect to the form and an tent of the plbs and with respect to the procedure to be followed, and any other matter'in connection wj rh the preparation, submission and approval of the plans. (9)S ubject to the foregoing provisions of this section, the State Government may'direct the Director to furnish $uch information as the State Government may require for the purpose of approving the plan submitted to it under this section. Prohibi~iono n 203D. '[(I) No Iand and building within the con~olledar ea shall, useoflandand except with the permission of the Director and on payment of such building in conversion charges, scrutiny fee and development charges as may be controlled area. prescribed from time to time, be used for purposes, other than those for which it was .used on the date of publication of the noti fjcarion under 1. Substitured by Haryana Act 5 of 2002. 1973 : Haryana Act 24 1 ~NICIPAL 157 sub-section (1)o f section 203 C and no dand within such controIled area shall be used for the purposes of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick-field, or for quarrying stone, bajri; surkhi, kankar or for other similar extractive or ancillary operation except under and in accordance with the conditions of a licence as may be prescribed.] (2) The licence so granted shalI be valid for one year and may be renewed annually on payment of such fees as may be prescribed. 203E. (1) Every person desiiing to obtain the permission or licence Applicarion of rcfcrred to in section 203D shall makc an application in writing to the permission Or Director in such form and containing such information in respect of the 'iccnce and Ihe ant or land, building, excavation or means of access to a road to which the rrrusrl application relates, as may be prcscribed. nf. (2) On receipt of such application the Director, aficr making such enqui~ya s he may consider necessary, shall ,by order in wriling eirher- (a) grant the permission or licence subject to such conditions, if any, as may be specified, ii the order ; or (b) refuse to grant such permission or licence; provided that the order of refusal shall not 'bep assed unless the applicant , , has been afforded an opportunity of &in; heard. (3) If, at Lhe expiration of a period,o f three months after an application under sub-section (I)h as been made to the Director, no order in writing has been passed by the Director, rhe permission shall be deemed to have been granted without the impositionof any conditions but subject to the restrictions and conditions signified in the plans published in the Official Gazette under section 203C. . , (4) The Director shall pint-ain .s uch .r egisters as may be ,, prescribed with sufficient particulars of all s%h cases in which permission , , or licence is given or deemed to have been given or refused by him ,I - under this section, and the said register shall be available for inspection without charge by dl perions intekted and such persons shall be entitled to take extract therefrom. 203F. Any person aggrieved or affected by an order of the Appeal. Director under sub-section (2) of section 203E may within sixty days from the date of such order, prefer an appeal to the state Government and thc order of the State Government on such appeal shall be final. MUNICIPAL 11 973 :H aryana Act 24 Poufcrsa nd '[203G. All powers and functions of the Director, Town and Funcrion of the Cauntry Planning, Haryana, being perfomed under (he Punjab Scheduled Director. Roads and ~onrrolledA reas Restriction of Unregulated Development Act, 1963 (Act.41 of 19631, and the rules made thereunder as applicable to the'areasw ithin municipal limits, shall be exercised and performed by the Direct or and the acts already done under the provisions of the said Act and the rules made thereunder, skia\I be construed to be acts done by the Director under this' Act. The powers of the Commissioner and Secretary to Government, Haryana, Town and Country Planning Department under the above Act, shall bc cxercised by the commissioner and Secretary to Government, Haryana, Urban Development Depadrnent, under this Ac 1, within the rn~nici~ailimirs. Issue of no 203H. Wihn the limits'of municipality every owner before applying objrc~ion for sanctiodrelease of electricity, warer and sewerage connect ion, shall cenificate for obtain no objectioll ,certificate from the municipality. s?naianl rclease nF elecviciry. wner and scwerage connection in buildings. . L 2031. (1) ~he'starGe overnment shall, for exercising the powers Esrablishment - and conferre$ on and performing the functions and duties assigned to the constirurion of Board by or'under this Act, establish and constitute the Haryana Urban Board. Infrastructural Development Board. (2) The Board so constituted shall be a body corporate having perpetual succession and a common seal with power, subject to the pr6visions of this Act, lo acquire, hb1d and dispose of property, .both movable and'irnmovahie,a nd to enter into contracts, and shall by the said name sue and be sued. (3) The Board sh'all consist of a Chairman. Vice-chairman, Chi'ef Administrator, Secretary and tlie following other ex-officio members, namely :- ~inancial~ommissionearn d Secretary to Government, Haryana, Finance Department; (ii) Commissioner and Secretiq co Government, Hwyana, Town and Country Planning Depmment; I. Substituted by Haryana Act 5 of 2002. 1973 :H aryana Act 24 1 rnr~~ru"h~ 159 (iii) Chief Administrator, Iiaryana Urban Development Authority; . , (iv) Chief Administrator, Housing Board, Haryana: (v) Project Direcior, Swam Jayanti Shehri Rojgar Yojna and Slate Urban Developmenl Society; (vi) Engineer-in-Chief, Public Works Department (Public Health Branch); (vii) Engineer-in-Chief, Public Works Department (Buildings and Roads Branch); (viii) Chiel Town Planner, Urban Development Department, H aryann; (ix-) Supcrin tending Engineer. Urban Development Department, Haryana. (4) Thc Minister, Urban Development Department, Haryana, Commissioner, Urban Development Department, Haryana, Director a . Urban Development Department, Haryana and Additional Director, Urban Development Department Hary ana, shall be-ex-olficio Chairman, Vice-Chairman, Chief Administralor and Secretary of the Board, respectjvely. The Board may associate any person whose assistance or advice it may require for carrying out the purposes of this Act. 203J. (I) TheBoar~shallmeetatleastonceinsixm onths.Every Meetingsof meeting shall be presided over by the Chairman and in his abscnce by the Board. Vice-Chairman.T he Chairman may, whenever so required, call a special meeting. (2) In every meeting one third of the members shall form the - quorum. (31 The rninutcs of each proceeding shall ,be recorded and maintained in such form as may be prescribed. 203K. To maintain the record, accounts, proceedings of the meeting s~,f .f f Board. I; . andother works or any duty under this Act, the Chief Adminis~ratorm ay utilisc the services of the Staff of Directorate of Urban Development Department. The board may, with the prior approval of the State Government, create such posts and appoint such Officers and Servants thercto asit may consider necessary for the efficient discharge of its duries. 160 ~FIICIPAL (1973 : Haqlmna Act 24 Constitu~iono f 203L. (1) There shall be constitued a Fund to be cat led the Haryana Fund. Urban Znfrastructural Development Fund which shall vest in the Board. (2) It shall be administered by the Chief Administrator of the Board, (3) To the credit of the Fund shall bc placed- (a) licence fee, scrutiny fee, service charges and composition fee realized on accnunt of liccnces granted by the Director under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Developmenr Act, 1963 (Act 41 of 1963) and the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1973, in the Municipal Areas of thestate. ' I (b) grants, lows and financia1 assistance from the Central i Government or State Government or from any other source which is deemed appropriate by the Governrncnt .. / to be credited to the Fund; I , . (1.) any other fee or charges to be specified by the ! Government. - Utiliznlion of 203M. The Fund shall be utilized by the Board for Fund. , . 8- . . , - .. (I) provision for and upgrada , tion of Urban Infrastructure in all Municipalities in the State ; (2) upgradation and modernizalion of Town Planning and its implementationT echniques and Urban Affairs in all Municipalities in the State ; (3) providing mining facilities in Urban management and Human Resource Development of Muriicipalities and rhe Urban Development Department ; . > (4) organizing seminars, workshops and conferences on I Urban management ; (5) cordinating, planning and implcrnenting the approved schemes and projects of the municipalities ; and (6) any other purpose as approved by the Board. 1973 :E aryana Act 24 1 ~WNICLPAL 161 203N. The Directorate of Local Audit or the authority as specified Audit of by the Srate Government by order, shall audit the account of Fund Account of Fund. annually.] 204. If under the provisions of any scheme sanctioned under section Punishmenr for 203 the erection or re-erection of buildings in a specified area for a specified erection or re- purpose is prohibited any person who after such scheme is sanctioned erection of a . building uses any building for such purpose shall, unless it was used for this purpose on sanction of before the scheme was sanctioned, on conviction be liable to a fine which a building shall not be less than '[one thousand mpees] and more than ?[five thousand scheme under rupees] and if after such conviction, he continues to use such building for section 203. silch purpose shall be Liable to a further fine of 2[five hundred rupees] for every day during which such use continues. 205. (1) The committee or the '[Executive Officer], as the-c ase Powcr of may be, shall rcfuse to sanction the erection or re-erection of any building committee to in contravention of any bye-law made under sub-section (I) of section sancrion or refuse creclion 202 or in contravention of any scheme sanctioned under sub-section (3) or re-erection or sub-section (41 of section 203, unless it be necessary to sanction the of buildings. erecton of a building in contravention of such a scheme owing to rhe commiReets inability to pay compensation as required by section 184 for the setting back of a building. , (2) When the erection orre-erection of a building is likely,in ~ the opinion of the committee or the l[Executive Officer], the case may be, j nterfere with the 'enforcement of a scheme proposed under section 203, the committee may refuse its sanction, and in such case shall communicate its refusal in writing together with rhe ground therefore, to the applicant within six~yd ays of the receipt of his application, and the appl$an t may thereafter by written notice require h ec ommittee to proceed with the prepdion of the proposed scheme with dl possible speed. The application shall be deemed to have been sanctioned if an order of refusal is nor passed by the committee, or the 'Decutive ~fficer]a, s the case may be, within the time specified above, or if the proposed scheme has not received the sanction of the State Government within tweleve months of the date of delivery of the applicant's written notice herein before referred to : 1. Substituted by Haryana Act 3 of 1988 and furrher substituted by Haryana Act 15 of 1989. 2. Substituted by Haryana Act 14 of 2000. MUPIIC PAL I1973 :H aryana Act 24 Provided that should a resolution ,refusing such sanction be suspended under section 246, the period prescribed above shall commence to run afresh from the date of communic;lrion of Final orders by the i Comnlissioner or the Deputy Commissioner under section 249. Explurlrlon- A scheme shall be deemed to have been proposed I i under section 203 if a requisition for its preparation has been received by the committee from the Deput y Commissioner or if the preparation of the scheme is under the consideration of the committee. (3) The comrnjn ee, or 'Executive Officer], as the case may be, may refuse to sanction the erection or re-erec~iono f any building for any othcr reason, to be communicated in writing to the applicant, which it, or he as the case may be, deems to be just'aiid sufficient as affecting such building, or if the land, on which it is proposed to erect or re-erect such building is vested in the Government or in the'c ornmit tee, and the consent of the Government 'concerned or, as the case may be, of the committee has not been obtained, or if the, title to ihc land is in dispute between such person and the comrni ttee or any ~ovemment. . , (4) Subject to provisions of sub-section (I) the commj ttee or ! the 'ExecutiveO ficer], as the case may be, may sanction the erection or tb re-erection of any building either absolutely or subject such rnodificalioqs in accordance with the bye-laws and rules as it, or he, as the case may be, may deem fit. .' : - , (5)' ~ot&i$standinia nything contained in sub-section (1)o r sub-section (3)b ut subject td the provisions of sub-section (2j of section 6) 202 and sub-secion of this section if the hecbmrnittce orthe l[Exc$utive Officer], as the case may be, neglects or o,mmits. w.ithi,n k xcy days of the receipt from any person of a valid notice of such persont; intention to erren or re-erect o building, orhithin one hundred andi%inry days, if thi notice relates la a building on the same or pad of the s h es ite, on which sanction for the erection of a building has been refused within the previous twelve months,,r o pass orders sanctioning dr refusirig to shetion such crection orre-erection, such erection or reerection shall, unlkss rhe land on which it is proposed to erect or 're-erect such building belongs to or vesrs in the committee, be deemed to have been sanctiohed, except in so far as it may contravene any bye-law, or any building or [own planning scheme sanctioned under section 203 : -. r- , 1. Substimted by Haryana Act 3 of 1988 and further subsli~utedb y Haryana Act 15 of 1989. 1973 : Haryana Act 24 1 M~IYICIPI\I I63 Provided rhar should a resolution conveying or refusing such sanction be suspended under section 246, the period prescribed under this sub-section shall commence ro run afresh from the date of communication of final orders by the Commissioner or the Deputy Commissioner under section 249 : Provided further that if not Icss than one-fifth of thc members present vote againsr resolution conveying sanction, the sanction shall be deemed not to have been conveyed until aftcr the lapse of fourteen days from the passing of the resolution. 206. If at any time before the completion of a building of which the Powcr of . erection has been sanctioned under section 205 the cornrni ttce finds that ~m-nmittelco direct any modification of the sancrioned plan is necessary, thc committee may. modification subject to compensation lor any loss to which the owner m?y be put, of a direct that the bujlding be hodified accordingly. plan af a . building bcforc its complction. 207. Every sanclion fort he erection or re-ereclion of a a ny building Laps of which shall be given or bc deemed LO have been given by committee, sanction after or the 'Executive Oficer), as the case may be, shall remain in force for One ymr horn [he dale of one year only from [he date of such sanction, or for such longerperiod as such the committee, or the '[Executive Officed,a s the case may be, may have allowed, when conveying sanction under section 201. Should the erection . . orre-erection of the building not have been commcnccd within one year and completed within hvo years of such longer peiod as may have been , , allowed by the committee, or the 'vxecutive Officer], as the case'may be, the sanction shalI be deemed to have lapsed, but such lap'se.shal1n ot bar any subsequent appIication for fr'esh sanction under the foregoing provisions of the Act. 2[208. (1) Where the erection of any building or execution of any order .f work has commenced or is being carried on,o r has been completed without demolition and or contrary to the sanction as required by sub-section (I)o f section 20 1; StoPPQe of building and or without notice as required by sub-secrion (2) of secrion 20 1; o r when works sanction has been refused; or in contravention of any provisions of this ,,,,. Act or bye-laws made thereunder, the committee, the execu~iveo fficer or the secretary, as the case'may be, may, within six months from the completion of the building, in addition to any other action that may be 1. Substituted by ~ a r ~ iAncra 3 of 1988 and furlhcr substituted by Haryana Act 15 of 1989. 2. Subs~ituledb y Haryana Act 14 of 2000. 164 MmtcIPnr. I1973 : Haryana Act 24 taken under this Act, make an order directing that such erection work shall be demolished by the person at whose instance rhe erection of work has been commenced or is king canied on or has been completed, within such period (no being less than-five days and more than fifteen days from * - the date on wNch a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person), as may be specified in the order of demolition : Provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the committee, the executive officero r the secretary, as the case may be, may think fit, a reasonable opportunity of showing cause as to why such order shall not be made : Provided further that where the erection or work has not been completed, the committee, the executive officer or the secretary, as the case may be, may at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within whichan appeal against the order of demolition, if made, may be preferred under section 209. (2) Where no appeal has been preferred against an order of demolition made by the committee, the executive officer or the secre~ary, as the case may be, or the same has been contimed on appeal, whether with or without variation by theDeputy Commissioner, the person against whom the order has been made shall comply with the order within the period specified therein, and on the failure of the person to comply with the order within such period, the committee, the executive officer or the secretary, as the case may be, may himself cause the erection of the work to which the order dates, to be demolished and the expenses of such demolition shall be recoverable from such person as arrears of tax under this Act. (3) Any person failing to comply with the terms of such notice I I shall be punishable with imprisonment for a term up to six months or with a fine which shall not be less than five thousand rupees and more L 1 . I than ten thousandrupees or both and when non-compliancei s a continuing ! one, with a further fine of one hundred rupees every . d a - y after the first offence during which the non-compliance continues, provided that the I offence under this section shall not be deemed to be compounded unless the offender has paid all the charges and got the building regul~sedby following due procedure : 1973 :H aryana Act 24 1 . MUNICIPAL 165 Provided-t hat the committee may, instead of requiring the alteration or demolition of any such building, accept by way of composition fee prescribed'in the rules : . , , . '(Provided ~ ethat trhe cor nmitt& may, instead of requiring the alteration or demolition of any such' building constructed in contravention of the provisibns made under sections 203~tb20o3f ~th is Act, accept by way of composition fee as,prescribedb ut'such acceptance shaIl not be without the prior approval of the Director.] Provided further thar if the violation of the building bye-laws - . . is higher than the permissible limits wider the rbles, the'building shall be demolished : I Provided further that the committee shall requi& a building t'o be demolished or altered so far as may be necessary to avoidcontraventibn of a building scheme drawn up under section 203. I 209. (1) Any person aggrieved by an order of the 'committee, the Appeal against executive officer or the secretary, as the case'mayb e, h' a"lid- e under section the order of 208 may prefer anappeal against the order to the ~bputyC ommissioner demoIition. within the period specified in the order for lhede&olition of the erection of work to which it relates. (2) Where an appeal is preferred under subktion (I)a gainst the order of demolition, the Deputy Commissioner may stay the enforcement of the order on furnishing of sufficient secufity and on such terms, if my, for such period, as it may think fit:. . . (3) The Deputy Commissioner after giving opportunity of hearing to both the parties's hali dispose of the appeal by confirming, varying or setting aside the order appeaed against or he may pass such other orders as he may deem fit.] -.. I 210. (1) No compensation shall be claimableby an owner for any Compensation. damage which he may sustain in consequence of the prohibition of erection of +anyb uilding. ,x . .,, , , . . . . . , , I (2) The committee shall make easonable compensation to the owner for any h g eor Ioss which he may slistain in consequence of the prohi bition of the re-ermtion of any building or a part of a building except in so far as the prohibition is necessary under ;any bye-law.: , Provided thatthe committee shall make full compensation to the owner for any damage he may sustain in consequence of hikbuilding 1. Inserted by Haryana Act 1 of 2001. . . ., 166 ~ C P A L 11973.: Haryana Act 24 or any part thereof being set back, unless for-a period of rhree years or more immediately preceeding such notice the building has by reason of its being in a ruinous or dangerous condition become unfit for human: habitation or unless an order or prohibition issued undcr section 123 has beenland still !-i,n force,i n respect of such building. ,, , , . Restriction on . .- 2 13. men.t he hproyement . Trust adopts and communicates a , , transfer of land resolution to the committee indicating its intention to take,upp reparation included in of development scheme in any part of the municipal area, the committee development scheme. shall not lease, alienate or sell any part of the land covered under the scheme, except with the permission of the Deputy Commissioner. Power of 212. The st& ~ovekmensth all make bye-laws applicable to all commits. lo or any of the municipalities as it may, by notification, s&-ify, by which rcgu'a'ethe thecornmittec,shall-' m - p - r a e n p n a -- f r - a a c t - r io u n r e. , , :. (a . ) proh ., i , b it the m , , a nufacture, sale, or preparation or exposure and sale of for sale, of any specified articles of food or drink, in any .. food and pla,ce I . o rp&nises not licenskdby the cbrnmittee ; drink. . , . . I .... (b) regular$ he hours and manner of transport within the mu - nicipality of any specified articles of food or drink, .! I i and prescribe the route by which such articles shall be I carried ; . (c) prohibit the sale of milk, butter ghee, curd, meat, game, .fis,h and .poultr.y by persons not licensed by the committee ; . (d) prohibit me import into the municipality for sale of milk, - cregn,butter, ghee, curd, mear, game, fish and poultry by persons not licen~edb y the committee ; , , . (e) regulate the grant and withdraws of licences and the levying of fees lherefor under.thiss ection : . , . ,Provided that the StateGovernment may of its own or on a I representation from a committee a1 ter, vary or .modify, the.b ye-laws so as to suit the particular needs of any committee : I -,Providedf urther that no person shall be punishable for breach of any bye-law made uriiier clause {a) of this section by reason of the 1 continuance of such manufacture, preparation or,e xposure for sale, or I sale upon any premises which are at the time making of such bye-law used for such purpose until he has received from the committw six months' notice in witing to discontinue such manu facture, preparation or exposure for such sale in such premises : 1973 :E aryana . A , c t 21 1 ~ I C I P A L 167 Provided further that nothing herein contained shall affect the operotion of section 43 of ihe punjab ~awsAc t, 1872, and the rules made thereunder. 223. No wild animal in respect of which any close time has been Prohibition of notified by the State Government under 'section 16 of l e W ild Life possession or ' Protecriun Act, 1972, shall whether dead or alive be possessed ar sold sale of wild during such close time within any municipality ;a nd no such animal shall afiimals. at any other time be sold within any municipality except under an annual licence to be granted by the committee. Provided that hcse prohibitions shalI not ex tend to w i Id animals possessed or soId as pets. 214, In making any bye-taw under any section of this Chapter. the Pcnalty for or State Government may direct that a breach an abatement of a breach infringement of ofi t, shall he punishable with a firie which shall not be less than twenty- bye-laws. five rupees and more than two hundred rupees, and when the breach is a continuing breach, with a further fine of ten rupees for every day after the first during which the breach continues : ' 'erovidcd that B breach or an -abetment of'a breach under clause (xx) of section 200 shall be punishable with a fine which shall riot be less than two thousand five hundred rupees and more than five thousand rupees .] , , . 215. (1) In any case in which no bye-laws have been made by the Power of State Government under section 3 1 or section 200, br section 20 1, or cornmiltee to section 202, or section 212, the committee may make bye-laws for that make bye-laws. pqose. - , . , . - (2) No bye-law made under sub-section (1) shdl came into force until it has-beenc onfirmed by the State Government. , . (3) The bye-laws made undcr theaforesaid sub-sections shall cease to operate when the State Governent makes bye-laws in that behalf. 216. All bye-lswsmadeunder~hirA ctshall bcsbbjcctto~r&ious ,making bye- pub1i cation. laws. 217. (1) A copy of ,all :bye-laws rriade under this Act for any Bye-laws municipality shall be kept at the cornminee's ofice, and shall be open aYLi'ab'e purchase and duringoffisehourswithout~chargeto'theinspectionofanyinhabitant. ,spmtion (21 Copies ofalisuch bye-lawssbaIl bekeptat thecornnittee's office for salc to the public at a pnce not exceeding one rupee. 1. Added proviso by Harysna Act 18 of 1998. MUNICIPAL 11973 : Haryana Act 24 CHAFIXR Xl , . , PROCEDURE Power of entry and inspection Inspection.o f 218. (I) The cdmmittee or mecutive Officer] may authorize any drains, privies person to enrh, betweena n s y u nrise and sunset, into any building or upon 1i and cesspools.

any land 'adt o inspect drain, privy, latrine, urinal, cesspool, cable., wire, pipes, Sewer or channel therein or thereon and to cause the ground to be opened where such as afore&id may think fit for the purpose of preveriting or removing gny nuisance arising from the drains, privies, . , latrines, urinals, cesspools, cables, wires, pipes, sewers or channels. . ' , .,,. . - (2) I,f, on such inspection, it appears that the opening of the ground was necessary for the prevention'or removal of a nuisance, the expenses thereby incumd shall be paid by the owner of occupier of the land or'building; but if it be found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building drain or other work, if any, opened, injured or removed for't he purpose of such I insbection shall be filed in, reinstated and made good by the committee. I (3) No building other than' a latrine, urinal or privy shall be intered under this section until six hours notice in writing has been givcn to the-occupiero f the building by the committee or by the person authorized by the committee to make the entry. ' , !, 219. (1; h~~committee6~~~xecutive0mffaiy~ aeurth]o rize any Inspection of buildings, elc. person after giving three hours' notice to the occupier, or, if there be no occupier, to the owner of any building'm enter and inspect it at any Lime between sunrise and sunset where such inspection appears necessary for sanitary reasons. (2) If thebuilding to be iispected is a stabIe for houses or a .houseo r shed for cows or other cattle, previous notice sfid1 not be requisite before inspectiin. Other powers 220. The committee, nr,'(Executive Officer), may authorize any , of entry on person, after giving twenty-four hours notice to the ocupier, or if there be buildings or , no occupier, to,lhc owner of any building or land at any time between lands. - sunrise and sunset 1. '~ubsritu~ebdy Haryana Act 3 of 1988 and funher substituted by Haryana Act 15 of 1989. ' 1 1973 :~ &ystt*A & 24 ] MUNICIPAL 169 ... . sAy, (a)' t &'entcro n and to and to take levels or rne.asureme l n .. ts of any building'o; land ; . , (b) to enter intoany buiIding or on any land for the purpose of ... examining works under conskct ion, of ascertaining the . -c ourse of sewek oi drains, or of executing nr repairing any work which it is by this Act empowered to execute or - to maintain ; (c) 10 enter into any building or on any land for the purpose . . of~nspecting-o~~painnggas,water,ta~phonice~ec~cor , other installations and for taking readjngs of .meters connected therewith ; . - , .. , , .- , (d) to enter into any 'building or on any land far the purpbse of ascertaining ivh'&th& any bui~dingis being or has be& erecttd or re-erecte'd without sanction or in contravention of any sanction givkn by the committee or 'Pxecutive Officcrj or of any bye-laws made under section 202 or of any scheme sanctioned under section 203 and to take such . measurements. andl do any other such acts as may be .. ,, - ' ., necessary for such purpose. , , , , , , ., ... . L 221. The committee or [Executive Officer] may authorize any Power to &'all reasonable't imes to enter into aid to inspect any. market, inspect places building,'shop, sbll or place uked for the sale of food or dnik forkan, ~ ' rfor sale of i d as a slaughter-house, or for the sale of drugs and to insdect 'and examine or dnnks erc. and lo seize any food or drink, animal or dmg;:which may be therein; and, if any unwholesome article of food or drink, or any animal theiein appears to be intended'for articles the consumption of man to be unfit,tbereform ay seizc and remo've the exposed for same or may cause it to be destroyed or to be s6 disposed of as to preven t salt. its being exposedfor sale or. used for: such consumplion; and in case it is reasonably suspected thgt any drug is adulferated in such manner as to lessen its to efficacy or to change i ts:operation br to render it noxious, to i - remove the same, giving a receipt therefore, and to cause the owner thereof to be brought-b efore a Magistrate for enquiry whether: any offence has been com+tted in respect !hereof, and-foro rders as to the disposal of the siid'drug. .. 1. Subslituled by Haryana Act 3 of 1988 and further substituted by Haryana Act . ' . 11973 :H aryana Ac.t 24 1 Inspection of 222. If there are reasonable ground for klieving that any animal places for illicit has been, is being, or is about to be, iii~~hteriend a niplace or premises slaughter of not fixed for such purpose under sktion 170 or in contravention of any animals. bye-law made under; subxlause, t i) of: cjause (e) of section 200, the cornmiace oq l~xecutive.~ffic&o]r a nyperson authorized by it or him in this &I$f bay, 41 all &ashable fhes enter into and inspect any place or . , pr , e . mises : 6 : I Provided that no entry shall be made under the provisions of this section without an order in writing from the President or from Health Officer. Such brder shall specify-thk@ liceo r premises to be entered and rherlocalityi nu/hich sameis situafiariil.thcp efiodwhichshall not exceed seven.daysf or'which it is to iemiin in force. , rn , , 223. Whoever in contraventibr;' of section 220' o; section 221 or Refusal to allow section 222,ors ection 225, refuses.t o.s uffer inspection of .any premises, . . inspecdon. !Jf aad, drihk, drug or an. '&, , ! .s h .. a I l , 1 l I b : e . . pn I i shable with a fine which shall not ,b k ; 1 than twenty-fi ye rupees and more thas two hundred rupees. , , , , Search far in ! 224. (1).The!committeeor1~xecutiveOfficer]mayauthorizeany flammable or persQn to enter upon, at ,any reasonable time, and inspect any house or -, explosive building which-i s suspected to contain petroleum,, explosive or other marerial in inflammable material in excess of thequantity permitted to be kept in excess of such house or building under the prouisionsof this Act or of any rule, authorized Iquantity. bye-law or public notice made or published thereunder. I . ., , ,! (2) Should ahy such excess q'uakiity'o f such ,material be disc&e&d' 8 , i,t, h - :, -: iy b b e seiz r e add. h .., e ld subject to such o&r as ?~ag&a~e may . h , . $swith (3 ' ) r . i e f s , ' t p h I . e . e c M t t ' o a I g it i . s - t at , e . , d . ," e c , ide . s th , at t h . e m 0 , a , m t , e , rial seized was stored jn the house or building conbary to the provisions of this Act or of any rule, bye-law or public notice made or published thereunder; he shall pass a .. n , _ or& . co , n . f iscating rhe same. . . . .. . , - I 1 dm .: . (4) Subject to any general rules for the time being applicable thereto, the rnateria1.confiscated may be sold by ,ordero f thiMagistrate, and the prcceeds, after defraying the expenses of such sale, shall be &red to the municipal'fund:,~ -, - I., :. . ' ' . (5) No bideyof kohfiscati& undkr this section shall,o pere to prevent 'any othei krisnal or'd;;ii, ProCeedilgs to which the person !.. . storing the material in excessive quantity may be liable. , . . . . . . , . . 1. Substituted by Haryana Act 3 of 1988 and fiuthtr substituted by Haryana Act 15 of 1989. , ? - ' 1973 :H aryana Act 24 1 MUNICIPAL 171 225. (1) TheHealth Officeroianyotherofficerauthorisedbythe Powerofentry committee may enter, at any time, after thehours 'notice in to any building for purpow of or premises in which any infktious disease is reported or suspected to prevsneeg exist, for the purpose of inspecting such building or premises. spread of disease. 42) No such inspeclion shall be made except in the hours between sunrise and siinsetl . , , , ,, ., , 226. The committee or i~xecutii6ef fiierl may authorize persons Authorisation to exercise the powers of entry conferred by the foregbing sections of this of powm- Chapter either generally in regard to all buildihgs and land or particularly in regard to specified buildings and lands or classemf buildings a"dia&ds: . -, 227. When any building used as a human dwelling is entered under figaution to thidct, due rekard shall be paid to thsocial and reiigious sentiments of k observed in apmeb the occupiers ;a nd %fork iiiy in the biuai.&cupancy of any entuins w . , o m. an, who. accordlngto custom does not appear in public, is entered dwe"p- + under this,Act.N otice shall.& given to her that she is at Iiberty to withdraw, and rcqonable facility shall be afforded to her for withdrawing. . , , 9 -. ~oticaen d consequences of noi-compliance , . . . . , 228,.men any n~tice~undethri s.A ct q $ ~ asny act to be done Reasonable , for w. hi I c ,. h -. . h .b time is fixe , d . 6y .&is ~ci;,isth all fir a regonable time for time for doing-thes ame. .: .. , . compliance to be fixed. 229,. (1) Every notiqe issued by a cornmi ttee under this Act or undcr Authcnndcarion, any rule or by e-law shall be ,i,n yn tjng, ,signed by.t he president, vice- service ind- president, '[~ecret&yo r assiimt secretary], or,b yithe membrrs.of any validity of ' sub-cornmi ttee specifically authorized by the committq in that behalf, notices. and every such notice and every order $ade under setion 205 may be servcd oh the person to whom it 2s addressed, ordelivckd or left at his usual place dfa bodk dr business with some idultlmaI&&nber or servant 'seiv&i,'hiy of his familiy, or, if it cannot be so be affixed to some conspicous. p art of his,~laceof abpde or business :, ; . t, ~~idedthats~chnoticcrna~besi~nedb~'the~ealth~ficer ', when it is issued bjr the cbnimitiee under section of this Act under which powermay be'delcgated to the Health'Officer under clause (b)o f section - , 3 , 3 , , a , nd .% h a , s , b een s.a delegated.; ,- . '.I. . . , : . ' , . ,: ' . , . ' .. , 1. "Substituted by Hajha Act 3 of 1988 and firther subsrituted by Haryana Act 15 of 1983. . . ,. 172 ~LCIPAL 11973 :H aryana Act 24 (2) When the place of abode or busin& of the person to whom notice is addressedis not within the limits of the municipality, the notice may be served by posting it in a registered cover addressed to his usd pIace of abode. . . ' . (3; if theowner of,anyp roperty hw,no place of abode or business within the municipality, every such notice addressed to him as such owner may be served on the occupier. ., .. . , (4) when the place of abode or business of the occupier of any groperty is not kno.wn, every such notice addressed to him as such occupier may ,be sewed by affixing it to some conspicuous^ part of the , -, (5) NO notice issued by the committee under this A& or under any rule or bye-law shall be invalid for defect ofform. Service when 230. Wheneverti t ss provided by this Act that any,notice.mayb e owner and given to the owner or occupier of any land,or building, and the owricr occupierare andoccupieraredifferentpersons,suchnoticeshall~giventooneof di fferenr them primarily liable to comply with such notice and in case of doubt to persons. both of them : :1 , , . I , . .. Provided that in -aiy such case, where there is no owner resident within the municipality, he delivery of such notice to the achpiers hall be sufficient. Modeof 231. When any notice is unddr the provisions of this ~ cto tbe given , givingnotice to orserved on the owner or occupier of any pmperty and he is unknown, to owner-w itmaybegiven-ors'erved- - .- o p c r c o u p p e ie fl r ~ o . f , (a) by delivering a writt ,i e . n . notice to some person on the prop .. e - r I t ' y or, should there,b e no person on the property to whom it can be delivered, byaffixing,it to som.c ~cqnspicuous.partl , , , . . , , of the pro , p . er . t - y _ . . ; 1. o r , . , .; , I . . (b) by putting into the post a pie paid letter containing a when . notice and addressed by the description of the "owner" or "occupier"ofthkproperty,n~ng~,in~~pectofwhich ' the.notic6i s-@en, wi thout-further.nameo qdescription. - I ..,. I . Publication of 2-32, Every public notice given -bya committee under thk - ~ cdtr ~ubljcnotices, any rule or bye-Iawshali bepublishedbyproclaimationorin'suchother manner as the State ~overnmenmt ay, by rule, direct. 1973 :H aryana Act 24 1 233, Whoever disobeys any lawful direction or prohibition given Penalty for by the commiitee by ,pulic notice under-this Act or any written notice disobedience la&fuily'issued by it thereunder. or fails to comply with the conditions of orders of cornminees. subject to which any permission was given by the committee to him under those powers, shall, if the disobedience,o r omrnissiqn is-not an offence punishable under %n)o ther section, be punishibl,d k.it h a fine which shall . . , : , ' I iotb e less than tiveri ty-five mp&s and morc than two hundred rupees, - , !. , and in the case of a continuing breach, wilha furlher fine of ten for every day after thifirst during which the breach continues. 234. Every person convicted of an offcnce under this A Co~n &out Compensalion of any act or omission, shall, notwithstanding any 'p~oi'Is,h- ~. k ton tw hich for damage. ' he may have been,Senrenced for'such offcnce, pay com~nsationt,h e amount of which shall be determined by tho ~a~istiabikef ore whom'he was so convic ted to the committee for any. damage that may have occurred to-any of the committee. in consequence of such act or omission. . , . #-I:, 8 . , ., 1. 1 235. Whenever the terms af any-noticeo ther thin a hotice under Power of section' 18 1 have not been complied with, the-committee may,,after SIX comrnirtee in ' rhe event of hours notice, by its officer, c&se the act to be done. oon- 4 . complaince. . . - 'I ' :,< ::"; : 236."i4'dy &son wi,TfuIly obslructidi' the'i&m6ittec.:or any Penalty for by thichfni&k, &kployeeo f the corhmittec,' dr ani-person autho+ed obsmrction. ii the exercise of thk pwcn cbnfelrid by this ~kt,'shilble -punishabie with fine which shall not b.e les; thin twenty-fi,vc rupees Ad more than , . two hundrcd iupees . , . . , . . ,. ' ' .' '.. 237. (1) Where, under this Act, .heo wn,cr of Occupier of property ,Recovery of , ' is required by the commirree t~:e&cutea ny work and default has been cos1s of made in cornplying with h er equirement, and the committee has executed execurion. the work, the cornmineemay recover h ec ost of the work from ~hcperson in default. , < ,... . , ,. . (2) A; bbtween thetnklves and the cqrnrnitree both owner and occupier shalI be deemed to be in dafaul t for the purposes of this section, but that one of them shall be deemed to be primarily in default upon whom, as between I adlord and lcnant, the duty of doing the required act would properly fall either in pursuance'of the contract of tenancy or by law. 174 MUN~CIPAL I1973 :H aryana Act 24 (3) When the person prjmarily in default is the owner, and the committee has recovered the whole or any part of the cost from the occupier, or he.has paid the same upon its demand, he may deduct the sum so recovered or paid from the rent from time to time becoming due from him to fcle owner. or othenvise recover it from such owner : , . provided that no occupier shall be required to pay under sub- : ' section (3) an) sum' greater than the amount for the lime being due from him to the owner, either in &ect of rent due at the date of such demand as'aforesaid or thereafter accruing, unless he has refused on demand by the committee truly to disclose rhe amount of his rent and \he name and address of the pcrson to whom it is payable; but the burden of proof that the sum so deinandid by the committee from the otcupier exceeds the I : re nt dud a! the-t.i mdo f the demand, or which has since accrued due, shall , Iie " on, r& occ ,, i picr. .. " , - , I ! . . (4) All money recoverable by a committee under this section may be,recoveredo n application to a Magistrate having jurisdiction within the municipality, by distress and sale of the movable property or the person from whom the money 'isr ecoGerable,' and if payable by the owner or the .~propefly!shallu, ntill,iti s paid, be a charge an the property. (5) Nothing in this section shall affect any contract between an owner and in occupier. (6) Where under section 119 or ,section 120 the committee . . - hh exe&iediny&ork, the cost thereof 'ma$b e recpvered'frornt he owner b i & cupi& .,.i n"&. nnection kith work-hoky ndei section 11 9, and from I< the &her in connection *ith work done under sect& 120, in the manner herein provided for the recovery of the cost of work from a defaulting owner or occupier and subject to the provisions herein contained. Relicf to agenrs . 238. .(I) When any peson,-b y reason of his receiving, or being and uusrees- enti tied to receive the'rent of immovable property as agent or trustee of a person or society, would under this Act; be bound to discharge any obligation imposed by this Act on the owner of the property for the discharge of which money is required, he shaII not be bound to discharge rhe obligation unless he has, or but for his own improper act or default might have had, in his hand'funds belonging to the owner suficient, for the purpose. . , (2) The burden of proving the fact cntitljng an agent or trustee to relief under this section shall ~ iokn him. 1973 :B aryaaa Act 24 I M~INIcvAL ' 175 (3) When any agent or mstee has claimed'antt dstabliihed his right to relief under-this section, thc-committeem ay give him notick to apply to the discharge of such obligation as aforesaid the fidt moneys whch shall,c ome to his hands on behalf.&for the use ofthe,owri'er, and should he fail to comply with suchnbtice,-he shall' be-deemed-tob e ,,, , - 'pers - ona ,. lI , y 'I ,l : i ab , P l : u e y t m o e d n i l s c o h f . a c r . o g . m , e . p s . u e c ~ < h w ., o a b t I i l o l i i g n . b a :y t i o , ( I n t e . com . m , ittee , . , , . . . am ,! 239. (I) Thc committee, may make compensaJion out of the Payment of municipal fund io any personi :usla.i .. ni& any b ir eason- p. f. . ttie compensation. , excrcise of any of the powers vested in the cornmi~cc,it s employees, under this Act, and shall make such compensation where the damage was, ggused by ,the,n egligence-of the committee, its employees and the ! person &staining ihe-chyagew as not himself in default in the maLW in . . respect of which the power was exercised. . , ..* . I" (2) S houId any dispute, for,the,set!~ment of which go express , pro'v . isio.n. is'rnade by any *her secti~n;'ar , is . ,. e , ~ , ,t , o . ucthhien a~ rnouptof~y cobpensation which rhe iommitiee,. isby this :Act required,t -~~ppary : *, ,. . , ..> empowered to receive for injGry to qr in respecto f ,arty b~ildi~gorlandit, ,I, I SII~ItIx : settIecl in such manner as the parti.e...s, m ay agree, or. indPefpulkpf It.- agieement, in the rnidbcr provi&kd by the Lan.d .-..A cquisition Act,, l89,4, dl with refercncc to the acquisition of and payment of compensat . jo ' n for land for public purposes so far a z , i ~6ct r~na d2'apP~ic&le.!". . , . ~! ~I e ..u l i l f mbimde rs. , - e . t: c:/,. ;.a..; . ,, , r,.,, , . I 240. (1) Any p c v a ggrieved- Appeals from - (u) by the ref& -. of a,commitl& ', _ u # n de i r sec,t._io .g 205 ro sanction o!fe'5 oi . ; ?! Comrnittck. , . t58 trectiok br &-erection dia building,; or. ,. , (7 b) bI y a n , ot . i . c \ e fro . m ac . o , rn~ .. p .. , e . . , e ,. I . . . u . n I . , . ~ ) r , i ,:L s ; ~ , c . 8' ~ : ~ .: o " ~ -\ J ' .: 8 0requiring a street )o' be drained, .levelled,p aved. flaggedmetalled br to be'ip ublic street. 2[ Ihi.o r -'.' , . , , 8. >., . !%, (c)' :by any order made by a c,pmmittee,,o r an, '~xqc.mive ~ffi&undk the pd&rS~67nf+rreudp on iiby,section I 16 or s'ection 123 or section 128 or scction 131 or , , ,.. - section 233. ,>. , , -1. . S 1 u ~ b 0 st f it t u ? te 8 d 9 b . y " I - . I ' a ry ,- a .. s iilA . c, t 3 o < r . 1988 a . n , . d hrther.sub ' s . t , i - tur . . . e d . I . b # y . .. e ., r yana . A , c t , 2. Omitted by Haryana kct 14 n12000. ,- ' " . I . , . , . ' . . 176 . . ~ C P A L ! '-[I973: H aryana Ac.t 24 yay appeal within thirty day s,,from the date of such prohibition, notice or , ,, ' q,r , d " .e.r , to # s I, u . ch officer as the officera s the StateGovernrnent may appoint i' for ,the:purposeo f hearing sga appeals or any of them; or, failing such appoint&t, to the Deputy Commissioner, and nb,suchr efusal, notice or _' .. j orde.rI ,s.h a'Jl l be!iabl=, to be cd!ed in question otherwise than by such appeal. . ! ,,',, (2) The appellik author0 ity may, 'if $shall think fit; extend the period allowed by. sub- section (.1j forbappeal. !:a)_ ., . llik'&drder of,t h-.e ,a ppel'~&aeu thority cbnfi, m ' i . n g,s etting , , , ' , , .-(- ' ' :!~~i'de'f6fh<dif$ing'tiehfe& ,: notic I e .' o ,. r order appealed from shall be ::fihil;:if:,', .:JI :.:':.:>:iik , I . ., -, ' : , , . \ I . . - ;' . ., . .- , , 8 .. .., i',1 , Pxovided that the refusal, noti2e oY order Sh.al1n ot be modified o? set !L - - r a~id U e J I ti1 the appellant and the committee have had reas~nabldo~pohtny i of being heard. ~ be ~ sus ~ pe ~ nde ~ d to ~ : ~ ) ! u ' h l , l! $ J i l I m -2 o4 - n 1 c d ' ~ 's h ~ e ti na, o r,n : ,, , T~i ,Ty s! ,, s. ! 2 .u o ,3 r b,~ d j3 , :C ,b - C i - o t f t o [l a ie p k p i e n a d l, s d p h ec a i n fi e h d p p in ca 's l e h c a ti s o b n e e 1 n 1, 6 . i :, n s s e ~ , c i . t ~ io u n t ed I I in cenain : against i t{'all-prbceer'dihkit b erifo;ces&h'brdek and all prdse&tibns for . cases. in'y b~ich~tl-kribi~bkh blld s.Ip e:,n h- d. pending the decision of the appeal, and if; f;sli~hd rdciiiset a&d~oanp 6ka!: dihbedience thereto, shall not'be i> '1d, 7:e em=dt d bk .loff&E&!' - - 1. - :... .:]'!: 1 ' . . - i , , . , . 2 , 42. E . v eiy -" , o " r d , ' e rpf , c . q , n ' Q ; s - c 7 ati , o ! y )y, ndg 8 se .I c , r . i . o ., n 224 shall be ;, su : b , ject Appeals from cerlain orders. to appeal to the n&isup&i& court, but shall not be otherwise open to appeal. ,,,!,, /,i.,,:' :. ,.,4!.,..~8' ..-.. . - Offences and pr, os.e curh i,o:,e.x. ; : ., , A U ~ ~ Of6;G' ~ , .i 1 - . 243. unibs,s , . q -,., t -h Je!.,mfl;;~ - :,:se$ xpre ,,:ss!.l :y ,p#,, ,r . ci o .~id ' ~n , ,o '. . . : . ! c o ' un shall take pros&uridn. :<). ' I. . _ , cognizance of &$dff&ce punishable under this ..A .c t or any rule or any bye-law except on'fh'e cdmplhii~to f, 05' ~I ~' ,o.n,'' infoiinatiorenc eived from thk Cbmmitte'oi irs'1~. 2 ., e .. iul&O6 fficei] or so$& person authorized by heh econmi tieo'or bpthe 1[Exehtii=.Offic. er] in this b&half. , ::; ~x~lan& ' i# I h .- The commi ' tte , e , o , r :, , its , '~ ; x ;: e , c :' u 9 ti~Oeff icer] may , :,:. authorize any'pkrshi$ d ~h'dble 'deemed to ha!v I e authbrized any person apeointed*to-'this&. id-byth e State ~overnmentto make complaints or I give inforhiation,--htih out pieiious rkference to h e c ornrni ttee, either generally in regard to all o . ff , e ., n , c es ag I a i,n.,s : t this ,. ~ ,. c ,.. atn. d .t h ,. e 2files:dr bye- 1aws;or particularly in regard only to specified offences or gffenccs of a 1. Substituted by Haryana Act 3 of 1988 and further subsututed by Haryana Acr 15 of 1989. specified class. The person authorized may bc authorized by office, if he is president, vice-president, Health officer or secretary of the committee or officer in charge of a police station ;i n other case hea uthoriry must be personal. The authority must in all cases be in writing and may at any time be cancelled by the committee. 244. 'MI) Except as o~henvispe rovided under anY other provision ~ o wL~a of this Act, the Municipal Council or its Executive Officer and rhe compound Municipal Committee or-itsS ecretary, may accept from any person who has committed an offence against this act or any rule or bye-law , a sum of money nor less than fifty rupees by way of composi tion for such offence. {2) On payment of such sum of money such person if in custody shall be discharged, and no further proceedings shall be taken against hirn in regard to the offence or alleged offencc so compounded]. (3) Sums paid by way of composition undcr this section shall be credited to the municipal fund. CONTROL 245. (11 The Deputy Commissioner or any officer not bc1o.w [he Control by rank of Extra Assistant Commissioner aufho~izcdin wriring by him or U~PU~Y any person empowered by the Statc Govemmcnt in this behalf by a general Commisioncr- ar special order, may- (a) enter on, inspect and survey. or caused to be entered on, inspected and su~eyeda,n y immovable property mcupied by any committee or joint committee, or any work in progress under i ts direcrions ; (b) by order in writing addressed to the 'lsecrttary] call for and inspect or cause to be inspected any boolc or documents in the posscssion or under ll~eco ntrol or any cornmiltee or joint committee and' the member or employee of the committee in posscssion of such book or docuknt shall immediately place such book or document at the disposal of the l[secrctq] who shall i mediately comply with such 1. Substituted by Haryana Act 3 of 1908 and further substi'tutcd by Haqana Act 15 of 1989. 2. Subsrituted by Haryana Act 3 of 1994- ~ T ~ P A L 11973 :H aryana Act 24 order and shall immediately inform the president of the requisition. He shall also bring'ihe matter to the notice of .'' thecommittee at its meeting next foliowing ; .IhA ' (c) by order in writing addressed to l[secretary] require any such committee or joint committee to furnish within a specified period s,uch statements, accounts, reports and , , , >r' copies documen'k relating to the proceedings or duties of the cobittee as he may think fit to call for ; (d) inquire generally into the affairs of a committee or joint committee with a view to ascertaining whether a municipality is being satisfactonly administered, and for . the purpose of such inquiry make use of any property of the committees, and of the powers mentioned in clauses .' : ' (a),( bJ and (c), and the members and empIoyees of the committee shall render 'such assistance in the enquiry as , . may be deemed necessary.' . - , :, : : Explanation.- Any person so empowered shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. (2) The Deputy Cornmissjoner may record in writing for the considertion of'any such cornmittec dr joint bornmiltee any observations that he hay think proper in regard to the proceedings or duties of the comniinee. , , , . . I ' (3) Every committee shall submit such periodical reports to thc Deputy Conirnissibner or bther authority as the State Government may dirixt. . , Powers to * 246. The Deputy Commissioner may, by order in writing, suspend suspend any the execution of any resoIution or order of a committee, or joint committee Or or pohi bit the doing of any act which is about to be done, or is being order of done in pursuance of or under cover of this Act, or in pursuance of any committee. sanction or granted by the committee in the exercise of its powers un'he'r this Act, if. in his opinion the resolution, order or act is in excess of the'ponvek confered by law or contrary to the intcrest of rhe pubIic or lj& elyto cause waste or damage of municipal funds or property, or the execution of the resolution or. order, or thc doing of the i. Subaituted by Haryana Acl3 of 1988 and further substiiuled by Haryana Acf 15 of 1989. I act, is likely to load to a'brench of the peace, to encourage lhlessness, or itcause injury or annoyance to the public or to any class or body of penons. 247. (1) In case of emergency the Deputy Commissioner may provide for the execution of any work, or the doing of any act which a Extraordinary committee is empowered to execute or do, and the immediate execution POWCr of Dcpuly or doing of which is, in his opinion, necessary for the service or safety of Comm jrsioner the public, and may direct that the expenses of executing ihe work or of in cases doing the act shall be forthwith paid by the committcc. of emergency. (2) Should the expense bc nor so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the municipal fund to pay the expense, or so much thereof as may from time to time be possible, from that balance, in priority to all other charges against the same. 248. (1) When the Deputy ~ornmissioncarf ter dueenquiry is satisfy Powers to that'a committee has made default in performing any duty imposed upon provide for it by this Act, or by any order or rule under this Act, hc may, by an order pcrfOrmance of in writing, fix a period for the performance of that duty; and, should it not duties in case of defaulr be performed within the period so fixed, he may appoint some person LO perform it, and may direct that the expense thereof shall be paid, within such rime as he may fix, by the committee. I (2) ~hobldth e expense be not so paid, the Deputy Commissioner may make an order directing the person having the custody * of the balance of the municipal fund to pay the expense, or so much thereof as may from time to time be possible, from that balance in priorily to a11 other charges against the same. . . 249. When the Deputy Commissioner makes any order under section Action of 246 or section 247 or section 248 he shall forth-with forward it to the Dcputy . - Commissioner a copy thereof, with a statement of reasons for makrng,it with such explanation, if any, as the committee of such municipality may i l m o b m e e djartly wish to offer and the' Commissioner may thereupon confirm, modify or rescind theorder: I Provided that if an officer subordinare to the Deputy Commissioner under the delegated powers makes an order under section 246 or section 247 or section 248 in the case of a '[Municipal Committee], hep owcr of 1. Substituted by Haryana,Acl 12 of 1979 and further subs(ituted by Haryana Acl 3 of 1994.. 180 MUKICIPAL 11973 :R aryana Act 24 confirmation, modification or rescision of such order shall vest in the I Deputy Commissioner, who shall, before exercising such power, consider I the explanation of the cornrnittee of such municipality which it may wish i offer and theDeputy Commissioner may thereupon confirm, modify or LO -A rescind the oder. I Power of-S tate 250. The Statc Govemment may issue directions to any committee I , to for carrying out the puvoses of this Act and in particular with regard give directions. t* (a) various uses to which any land wirhi n a municipal are may be put ; (6) repayment of debts and discharging of obligations ; ' (c) collection of taxes ; (d) observance of rules and bye-laws ; (el adoption of development measures and measures for promotion of public safety, health, convenience and welfare ; Cfl sanitation and cleanliness ; (g) establishment and maintenance of fire-brigade. , , , . Exercisc or 251. (1) When a new municipality is constirurcd under this .Act, committee's, the State Govemment may appoint a person to exercise the powers, power pending discharge the duties and perform the functions of the committee until the cstJblimment committee is established and hc shall for thc purpose aforesaid be deemed of committee. to bc the committee. (2) Theperson soappointedundersub-section(1)shdIcomply with such directions as may be given to him by the State Government from time to time, for carrying out the said purposes. Power of State 252. (I) The State Government and Deputy Commissioners, acting under the orders of the Statc Government, shall be bound to require that and its oficers the proceedings of commi ttees shall be in conformity with law and with over - .. the rules in force under any enactment for the time being applicable to commillee. Haryana generaHy or the areas over which the committee have authority. (2) The State Government may exercise all powers necessary for the performance of this duty, and may among other things by order in writing, annual or modify any proceeding which it may consider not to be in conformity with law or with such rules as aforesaid, or for the reasons f 973 :H aryana Act 24 ) VUWSCTPAL [dl which would in its opinion justify an ordcr by the Deputy Commissioner undersection246. - (3) The Deputy Commissioner may, within his jurisdiction I A for the same purpose, exercise. such powers as may be conferred upon him by rule made in this behIaf by the State Government. 253. Notwithstarldirig anything jn this Act the State Government General shall havethepowcr of reversingormodifyingany orderof any officer P0wersof of the Statc Goven~menpt assed or purporting to have been passed under Slate Gov ernmcnt this Act, if it considers it to be nor in accordance with the said Act or the o,,r rules or to be for any reason inexpedient, and generally for carrying out the purposes of [his Act the State Government shall exercise over its officers all powers of supenntend&nced, irection and control : Provided that the power of reversing or modifying any order of any officer of the State Government shall not apply to the orders passed by the "Tribunal] or the District Judge in an electiorl p~rition. 254. (1) Should a committee be incompetent to perform, or Power of the persisteritly makes default in the performancd of,t he duties j mposed on Srace Government to it by or under [his or any olher Act, or exceed or abuse ils powers, the l~disrolvel StatcGovernment may, by notifications, in which the reasons for so doing ,om,ilte shalI be stated, declare the committee to be '[dissolved] : in case of i ncompeience. 'Wovided that no notification declaring the committee to be persirten, superseded shall he made unless the matter has been enquired into by an default or officer,n ot below the rank of an Extra Assistant Commissioner, appointed abuse by the State Government and the committee concerned has been given a Wwers. reasonabIe opportunity of being heard.] (2) When a commitlee is so 2[dissolvedl, the following consequences shall ensure :- (a) all members of the committee shall, from rhe date of the notification. vacate lheir sents ; (b) all powers and duties of the committee may, until the commirtee is monstihed, bc exercised and performed by such person as the State Government may appoint in this behlaf ; (c) all property vested in the committee shall. until1 the bee commi &reconstituted, vest in the State Government. 1. Added by Hgryaoa Ac112 of 1979. . 2. Substituted by Haryana Act 3 of 1994. [I973 :H aryana Act 24 Taking over of 255. he* the State Government, after due enquiry, is satisfied certain chaat a committee has cornmitied default in s much as its particular branch branches or or department is incompetent of performing or does not adequately deparrments of perform any or all of its functions, it may take over the control of such ihc cornmirtee. branch or department of the committee under i ts control and may appoinr additional staff, j f necessary, for the efficient discharge of thc functions of such branch or depament and may direct that the expenses thereof shall be paid by the committee within such time as the State Goveminent may fix in this bchlaf. 256. (1) If any dispute, foi rhe decision of which this Acr does hot o~henvjsep rovide, arises between two,o r more committees constiru ted under this Act, or between any such committee and a Zila parishad or a Panchayat Sarniti or a Cantonment Authority, the matter shall be - referred , , , , ((1) ro the Deputy Commissioner if the lbca~a uthorities concerned are in the same dislrict ; - 1 (1) to the State Government if thc lo~aalu thorities conccmed I. are in different dist.r ict.s . ' , , (2) The decision of lhe authority tu which any dispute is rcfcmd under this section shall be find : , , Provided that,,where a dispule referred to the State Governmenr unGer clause (6)s ub-section (.I)i s be~weena committee and Cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government:. , . Power of SI sic ,257. (I)T he State Government may frame forms for any Government to proceeding of a committee and may make any rules consistent with this frame forms Act to carry out the purposes therof and in particular and without prejudice and mdie to the generality of the f~rc~oing'~omwaeyr m ake.mles- rules. (a) with respect to the powers and duties of committees '[ 1; (b) as to the division of municipalities into wards, or of the inhabitants into classes, or both ; (c) as to the number of iepresentitives proper lor ea~hwa rd orclass ;" ' 1. Omitted by Haryana Acl 12 of 1979,'' 1973 :H aryana' Act 24 1 MllNlrlP~L 183 (d) as to the qualifica~jonso f electors and of candidates for election ; re) as to the registration of electors ; (fl as to the nomination of candidates, the time of election and the mode of recording votes,; (g) regulating the procedure for elections under this Act, the contribution cowards election expenses by candidates the deposit of sccurity by candidates and the condilions of forfeiture of such deposits ; (h) prescribing tHequdificationsrequisire iti thecase ofpersons appointed by acornrnittee to offices requiling professional shll ; (i) as to the priority to be given to the several dutics of the committee ; 0)'a r to the authority on which money may be paid from thc municipai fund ; (k) as to the appointment, promotion, suspension, reduction fining and dismissal of municipal watchmen ; (I) 'as to the formation and working of municipal fire brigades : and the provision of implements, machinery or means of communicating intelligence for the efficient discharge of their duties by such brigades ; (nil as to the procedure to be observed for the employment. punishment, suspension or removal or other conditions of services of members of Municipal Services and other employees of [he committee and as to appeals from orders of punishment or removal ; (n) as to the conditions on which property may be acquired by rhe committee or on which property vested in the committee may be mansferred by sale, mmortgagel.e ase, exchange or otherwise ; lo) as to the intermediate office or offices, if any, through which correspondence between committees or members of committees and the rate Government of oficers of that Government shall pass ; M U N I C ~ [I9 73 : Haryana Act 24 (pJ for the preparation of plans and estimates for works partly or whoIIy to be constructed at the expense of commi ttees. ! and for the preparation and periodical rhision of maps and registers made under section 62 and for the authorities ... I by which and the conditions, subject to which such plans, i estimates, maps and registers are to be prepared and sanclioned ; (q) for the regulation of contracts with electric supply companies for the supply of electric energy ; (r) for the assessrncnt and collection of, and for thc compounding for, refunding or Jimi ling refuads of taxes imposed under this Act, and for preventing evasion of the same; and For fixing the fees payablc for notices of demand ; (s) as to rhe conditions on which a municipal cornmitree may receive animals or articles into a bounded-warehouses and \ as to the agreements to be signed by tradcrs or others wishing to deposit animals or articles therein ; I I . . (I) as to rhe accounts to be kept by commjttces, as to the conditions on which such accounts are to be open to inspection by inhabitanrs paying any tax under this Act, as to the manner in which such accounts are to be audi~ed and published, and as to the power of the auditors in respecr of disallowance and surcharge ; (u) as to theprepantionofestimatesofincomeandexpenditu~ of camminees, and as to thiperwns by whom, and the conditions subject to which, such estimates may be sanctioned ; (vJ as to thereturns, statements and repons to be submilted by cornmi ttees ; (w) as to t hc powers to be exercised by Deputy Commissioners under secl~on2 52 and the'powerst o be exercised by such Local Self-GovernmentB oard or Inspectorale as the State Government may eslablish ; (x) as to the languagc in which business shall be transacted. proceedings recorded and notices issued ; 1973 : Haryana Act 24 1 MUNICP~L 185 [z) to regulate the proceedings of persons empowered to accept cornposiiion under section 244 for alleged offences ; (zi) modeof assessment,apportionmentoFcompensationunder section 154 amongst, and payment to the persons entitled there to ; (zii) mode of communica~jonof rhe order under section 154 co the persons affected thereby ; Iziii) the manner in which the composite is to be made ; as toestablishment of training institution for employees of (~i11) committees and coursc of training for diffe~ncrl asses of employees ; {zv) as to the imposition of fine whcre owners do nor take advantage of amenities provided by the committees, such as electricity,t ap-water-supply, sewerage, etc ; (mi) as to rcgulate the charges to be paid to the Saiai Miizdaors engaged in house scavenging ; - (rvii) to regulate Ihc crection and settirig up of substantial boundary marks, defining the limits or altered limits of the area subject lo its &rhoits ; (zviii) as to the penaltiy forcutringskets orrcmovd of obstrucrion or encumberances obstructing streets or drains ; (ZI.T) ;IS to the exemption to a committee lrom liability to any forfeiture, penalty or damages for'cut ting of the supply of warer or not supplying water in case of draught or other unavoidable cause or accident, etc. (0) a s to regulate the licensing of markets, forming of markers, ' collection of rents and fees and removal of such persons who occupy stalls or space in markets in an unauthorised manner ; (zi)as to the constitution of committees consisting of official and non-official members at Divisional and District Head- quarters, to examine and discuss the annual accounts and the reports of the committees and to suggest remedial measure thereto ; '[(aii)a s to rhe manner in which the seats int he District Planning Committees shall be filled in ; I (u;iii) as to the manner in which the Chairpersons of the District Planning Commirtees shall be chose ; -I j (viv) as to the functions relating to the District Planning (-Jnmrnit tees ; {ZIT) generally for carrying out the purposes of this Act.] (2) The rules under clause (g) of sub-section (I)m ay anions ahcr matters provide- (i) for the definition of cormpt practices at elections held under the provisions of this Act which arc to be deemed LO be corrup~; (ii) for the investigation of allegations of corrupt practices ; (iii) for making void the election of any person proved to the satisfaction of ~ hSctu tc Government Lo have been guilty of a corrupt praclice or to have connived at or abettcd the commission of a corrupt practice or whose agent has been so proved guilty, or the rcsult of whose election has been ! materially 'affected by the breach of any law or rule for the time being in Force ; (iv) for rendering incapable of municipzll office, any person who may have been proved guilty as a aforesaid of a cormpt practice or of connivjng at or aberting the same; (v) for prescribing the authori~yb y which questions relating Ifl to the matters referred to in clauses (dl, (e) and of sub-section (I) shall be determined; and (vi) for authorizing courts to take cognizance of the breach of any such rules-bn ihc comp,laint of the Deputy I Commissioner or some person authkzed in writing by i [he Deputy ~ornmissioner. I (3) The Municipal Account Code at present in operation in ! the municipalitics in the S tnte of Haryana shall be deemed to have been made in pursuance of the powen conferred upon the State Government by sub-section (I) of thih section. 1. Subsli~utedb y Haryana Acr 3 OF 1994. 1973 :H awaria Act 24 1 >IUKICIPAL 187 (4) In making rules under clauses (d) to (g), and clauses (I) and (r),o f sub-section (I), the State Government may direct thar a breach of any provision thereof shall be punished with a fine which shall not be less than Fifty rupees and more than fire five hundred rupees. (5) All rules made under this Act shall bc subject to previous publication. . ' . . . #I '.' ' (6) A rule under this section may bc general for all municipalities or may be special for the whole ro any part of any one or more municipalities as the State Government directs. m CHAPTER NOTIFIED AREA '[Section 258 to 2631 x x x x MUNICIPAL ELECTION INQUIRIES 264. Int hls Chapter, unless there is anyhng repugnant in the subject Definitions. or context, - '[(a) "Tribunal" means rhe Municipal Elcction Tribunal consisting of a person or persons appoi ntcd by the State Government to hold an inquiry in respcct of an election petition under this Act]; (b) "costs'l: mcans all, costs, charges and expenses of or incidental to an inquiry ; (c) "election" means any election held under the provisions of this Act or the rules, (d) "inqujr"m eans an inqujl in respect of an election by the '[Tribunal]; ' (e) "pleader"m eans any person entitled not appear and plead for another in a civil court, and includes an advocate, a vakjl and an attorney of a High Court. I. Ornitred by Haryana Act 20 of L979. 2. Subslituied by Haryana Act 3 or 1994. 11973 : Etaryana Act 24 Appointment 265. The State Government may appoint a '[Tribunal] consisting of 'ITribunal] of one or more person to hold an inquiry. by Slate Governemnt. Powers of 266. In respect of the following matteb a I[Tri bunal] shall have the 'lTribun.d l powers which are vested in a court under the Code of Ci vjl Procedure, 1908, when trying a suit :- (a) discovery and inspection, (b) enforcing the attendance of witnesses, and requiring the deposir of [heir expenses, (c) compelling the production of documents, (dl examining witnesses on oath, (e) grant adjournments, Ifl reception of evidence taken on affidavil, and (gJ issuing commissions for the examination of wi~nesses; and may summon and examine suo mot0 any pcrson whose evidencc appears to be material; and shall be deemed to be a civil court within thc mcaning of sections '[345,346 of the Code of Criminal Procedure, 19731. Applicalion of 267, The provisions of the Indian Evidence Act, 1872, shall, subject Indian to the provisions of this Chapter, be deemed to apply in all respects LO a n Evidcnce Act, inquiry. 1872. Admissibilily 268. Norwirhstanding anything contained in any enactment to the ofdocumenu contrary, no document shall be inadmissible in evidence on the ground not duly that it j s not duly stamped or registered. stamped or registered. Witness not 269. (I) No witness shall be excuse . d f . rom answering any question I excused from relating to any matter relevant to a matter in issue in an inquiry upon the answering on ground that the answer to such question wilI incriminate or may tend, ground directly or indirectly, to incriminate him, or that it will expose, or tend, 1 that answcr will directly or indirectly, to expose him to a penalty of forfeiture of any incriminate. kind : - Provided that 1. Substituled by Iiqana Acl 3 of 1994. 1973 :H aryana Act 24 ] CIC~ICVAL 189 (i) no person who has voted at an election shall be required to state for whom he has voted ; and (ii) a witness who, in the, opinion of the '[Tribunal] has answered truly all questions which he has been required by the said '[Tribunal] to answer shall be entitled to receive a certificate of indemnity and such a certificate may be pleadcd by such person in any court and shall be deemed to be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code, 1860, arising out of thc mar ter to which such certificates relates, nor shall any such answer be ahssible jn evidence againsL him in any suit or other proceedings. (2) Nothing in sub-section (I) shall be deemed to relieve a person receiving a certificate of indemnity from any di squalirjcalion in connection with an clcction imposed by any law or any rule having the force of law. 270. Any appearance, applicarion or act before he [TribunaI] may Appeaance, be made or done by the party in person or by a pleader duly appointed to applicalion or act on his behalf : act before '[Tribunal].

Provided that any such appearance shall, if the [[Tribunal1 so djrecls, be made by the party in person. 271. Thc reasonable expenses incurred by any person in attending Expcnscs to give evidcnce may be allowed y the '~ribunalt]o such person, and incurrcd in shall, unless the '[Tribunal] othenvise directs, be deemed to be part of thc attendins trl give evidence costs. to be part of costs. 272. (1) At the conclusion of the trial of an election petition, [he D~isionof '[Tribunal] shall make order- [Tribunal. (a) dismissing the election petition; (bJ decIaring the election of all or any of,t he returned candidates to be void; (c) declaring the clectjon of all or any of the returned candidates to void and the petitioner or any othzr candidate to have bccn duly elected. I. Suhstiruted by Haryana Act 3 of 1994. !90 hflMlClP~L 11973 :H aryana Act 24 (2) At the time of malung an order under sub-section (I), the nri bunaI] shall also make an wder- (a) Where any charge is made in the petition of any corrupt practice having been committed at the election recording- (i) a finding whether any compt practice has or has not been proved to have been committed at the election, and the nature of thatcompt practice; and (ii) thc names of all persons, if any, who have bcen proved at [he trial to have been guilty of any compr practice and the nature of that corrupt practice; and (b) fixing the tola1 amount of costs payable, and specifying the persons by and to whom cosn shall be paid. (3) Cormpt pracriccs shall entail disqualilication for being J I elected as a mcmber or '[president] of a committee for such period, not exceeding [Six] years, as the I[Tribunal] may in its orders djrecc : _, ! Provided that the State Govemmenl may, for reasons to be recorded, remove any disquali lication under this Chapter or reduce the period of any such disqualification. (4) The '[Tribunal] after announcing the orders made under 7 this section shdi send a copy rhereof to such authority as may be specified in this behalf by the State Government. (5) Every orderofthe lnribunal]u nder thissection shall take effecr as soon as ~ti s pronounced by it : Provided that whece by any such order the election of areturned candidate is declared to be void, acts and proceedings in which ihar candidate has, bcfore the dare of the order, participated as a member of the commitlee shall not bc invalidated by reason of that order. Appeal from 273. (I) An appeal from the order of the '[Tribunal] passed under I orders of secrion 272 shall Lie to the District Judge. z(Tribunal.) (2) The Disrrict judge shall, subject to the provisions of this Act, have 'the same powers, jurisdiction and authority, and folloiv the 1. Subs~iluledb y Haryana Act 3 of 1994. !973 :H aryana Act 24 ) MUNICIPAL 19 1 same procedure, with respect to an appeal under this section as if it were an appeal from an original decree passed by a civil court situated within the local limits of his civil court appellate jurisdiction. (3) Every appeaI under this section shall be preferred within n period of rhirty days from rhc date of the order appealed from : Provided that the Districr Judge may entertain an appeal after the expiry of such period of thirty days if he is satisfied that the appellant had sufficient cause for not preferring the appcal within such period. (4) The decision of the District Judge on appeal, and subject only to such decision, the order of the ?[Tribunal] under section 272 shall be final and conclusive. 274. Any oidcr as to cosrs under this chapter may be produced Payment of before the principal civil of original jurisdiction within the local limits costs. of whose jurisdiction any person directed by such order to pay any sum of moncy has a place of residence or business, and such couri shall execute such order or cause i~ to be executed in the same manner and by the same procedure as if it were a decrce for the payment of money made-by ikself in a suit. 275. (1) Everyemployee,agentorotherpcrsonwhoperformsany Secrecyof duties in connection with recording or counting of votcs at an election voting- shall mainlain and aid in maintaining thc secrecy of the voting and shall not (except for some purpose authorized by a under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who wilfully act in con~raventiono f the provisions of this section shall be punished with imprisonment of either description for a term not exceeding three months or with fine, or with both. '[275-A.T he provisions of sections 24 to 3 1 of the Haryana EI&~~I Municipal Corporation Act, 1994, shall so far as may be consistent with offences- the provisions of this Act. shall apply mutatis mufondis to the Municipal C o dtte es and Municipal Councils constituted or deemed to have been constituted by or under this Act. 1. lnscrted by Haryana Act 3 of 1995. 2. Subsrirured by Haryana Act 3 of 1994. MWICIPAL 11973 :u ai-yina A C2~4 Bar to 3[2758. Not withstanding anything contained in this'~ct- I I inrerference by (a) the validity of any law relating to the delimitation of courts in constituencies, made or purporting to be made under elccrord ., i matlcrs. this Act, shall not be called in quesrion in any court ; I (b) no election to any municipality shall be called in question except by an election peliton presented to the Tribunal and in such manner as may be prescribed by ruIes.1 Powrr to makc 276. The State Government may makc rules consistent wilh this rules. Act, to carry out the purposes of this Chapter, and all such rulcs shall be subject to previous pu bliciltion. CHAPTER XV Tcm of 277; (1) Any committee constituted under thc Punjab Municipal existing Act, 1911, which has functioned for a-period of thrcc years shall, from I I curnrnil~ct. the date of commencement of this Act, cease to function. . I (2) When the comnlittee cerises to function under this section the same consequences shall follow as if the committee had been superseded under section 254. Entrus~ingo f '[277-A. Notwithstanding anything to the contrary contained in functions, any provision of [his Act, the State Governmen1 may, by notification, duties and published in the Official Gazette, entrust any of the functions dulies and rcsponsibilities of responsibilities of a committee reiating to water supply and sewerage to , to P.W.D. the P.W.D. (Public Health) which shall exercisc such functions duties (Public HmlW. and responsibilities.] Power lo 278. Jf any difficulty arises in giving effect to the provision of this remove Act, the State Government may by order do any thing not inconsistent diffjculties. with such provisions which appears to it to be necessary or expedien t for the purpose of removing the diffjculty. 1. Omited by Haryana Acl9 of 1980. 7. Inserled by Haryana ACI 6 of 1993. 3. Inserted by Haryana Acr 3 of 1995. 279. (I] As from the commencement of this Act, the following Repeal and ' enactments shall stand repealed, namely- savings. (i) the Punjab Municipal Act 1911 ; (ii) the Punjab Municipal (Executive Officer) Act; 1931 ; (iii) the Patiala Municipal (Executive Officers) Act, 2003 B k. (2) Notwithstanding thc provisions of sub section (1)- (a) any appoinhnenr, notification, order, scheme, rule, form, notice or by-law made or issued, and any licence or permission ,gamed under h yo f 'the enacments referrcd lo in sub-section (I) and in force immediately before thc commencemenr of this Act, shall, in so far as it is not inconsistent with rhe provisions of this Act, continue in force and be deemcd to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment, notification, ordcr, . scheme, rule, form, notice or bye-law made or issucd or any Iicence or permission granted under [he said provisions ; (b) all debts, obhgalions and liabjlilies incurred, all conrracts entered into and all matters and things engaged ro be done by, with or for any of the committees consti tutcd under the .Punjab Municipal Act, 19 1 1, before such commencement shall be deemed ta have bccn incurred, entered into or engaged to be done by, with or for the ' commit tee concerned; (uJ all budget estimates, assesmenls, valuations, measurements or divisions made by any of the . . committees shall, in so far as they are not inconsistent with the provisions of this Act continue in force and be deemed to have been made under the provisions of this Act unlcss and until they are superseded by any budget estimate, assessment, valuation, measurernenr or divisions madc by the committee under the said provisions ; .!fUNlCIPfiL I1 973 :l iaryaoa Act 24 (dl all praperties movable and immovable and all interesLs of whatsoever nature and kind therein, vested in any of the committees i mediate1y before such co~nmcnccmenl shall wi~hal l rights of whatever descrjption used, enjoyed oipossessed by any such committee, vest in rhe cornmi ttee concemcd ; (e) all rates, taxes, fees, rents and other sums of money due to any of the aforesaid committees immediaiely bcfore ..- such commcnccmcn t shall be deemed to be due to he commiciee concerned ; # ail rates. taxes, fees, rents. fares and other charges shall, until and unless they are varied by the committee concemedcontinue to be lcvied at the same rate at which they werc bcing levied by the aforesaid committee immediately before such commencement ;a nd (8) all suits, prnsecution s and other legal proceedings iristituted or which might have been institu~edb y or againstanyofthe~orsaidcomrnitteemaybccontinu~d -., f ur instituted by or against the commi~tecconcerned. I Transi~iunal '[280. (I) Any committee constituted as aresuIt of the nperation a1 I pmvisio~ls, the Xraryana Municipal (Amendment) Act. 1979, in place of an exisling committee or a notified area cornmitee shall, nolwi rhstanding any thing contained in any other law forthe time being in force, bc dccmed to be 2[a perpetual successor of such cornmitee or the norifiedarea committee, as the case may be, in rcspect of all its rules, orders, bye-laws, notificahons, appoin~ments,~taxeasn d all other matters whatsoever] and all assets and liabilities, rights and obligation vested in such cornmi ttee or notified area committee jrnmedjateIy before the coming into force of the said Act shall vest in such com$ttee. <I;; (2) The president or the: committee, as the case may be, of the II notified area commitxee existing immediately before the commencement of the Hwyana Municipal (Amedment) Act, 1979 shall be deemed to 1 have vacatcd his or their office immediately on such commencement of I. insemed by ~ a j a nAac r 40 oi 1973 and funher substituted by Haryana Act 12 of 1979. 1973 :H aryana Act 24 1 MUITCLPAL 195 the said Act and the State Government may appoint a person to exercise the powers md perform the duties of a committee under this Aci until a committee is reconstituted in accordance with the provisions of this Act.] ' [Notwithstanding anything contained in the principal Act any thing Validation. done or any action taken or purpofling to have been done or taken, during the period commencing on the J. 8 th day of April, 1979, and ending with the 17th day of October, 1979, under the provisions of the principal Act or the rules, orders bye-laws and notifications made or issued thereunder, shall be deemed to have been valid1 y done or taken, as the case may be, as if the principal Act as amended by this Act had been in force ai all material times when such things were done or acrions were taken and the same shall not be calIed in question j n any court or before any authority.] '[Nothwi thstanding any judgement, decree or order of any court or Validation. other authority to the Contruy, the toll imposed and collected on motor vehicles under clause (vi) of sub-section (1)o f section 70 of the principal Acr, for the period commencing on the 2nd day of July, 1973 and ending with the cornrnenccment of the Haryana Municipal (Amendment) and Val idation) Act, 1986, shall be deemed co have been validly imposed and coilectd under the principal Ad, as amended by this Act and accordingly:- (a) all acts, proceedings or things done or aclion taken or which may be done or taken by any municipal committee or its officers, in connection with the imposition or collection of such toil shall, for all purposes, be deemed to be, and to have always been, done or taken in accordance with law ; (h) no suit or other proceedings shall be maintained or continued in any court or before any authority for the rcfund of any such toll so collected, and (c) no court or authority shall enforce a decree or order directing the refund of any such toll so collected.] I. [Validation] Added by Haryana Act 9 of 1980. 2. [Validalion] Added by Haryana Acl 12 of 1986. (1973 :H aryana Acl24 [Sce section 2A (2)1 Serial Name No. - 7. Ambala Czntt. 3. Yarnunamgm 4. Jagadhri 5. Thanesar 6. KaithaI 7. Karnal 8, Panipat 9. Rohtak LO. Bhadurgarh 1I . Sonepal 2 . Gurgaon 13. Palwal 14. Rewari 15. Narnaul 6 Bhiwani 17. Jind 19. Hisar 19. Ilansi 20. Sitsa - 1. Substitu~edb y Haryana Act 3 of 1994. 1973 :H ajana Act 24 ] MI!NI~IP.\L 197 - - Scrial Name -- No. 3. Chhachhrauli 4. Buri;~ 9. Pehowa 10. Pundri 11. Chccka 13. Kaloyat 13. Gharaunda 14. Indri 15. Nilokheri 16. Taraori 17. Assandh 18. Samalkha 19. Jhajjar 20. Meham 21. Kalanaur 22. Beri 23- Gohana 24. Ganaur , 25. Kh~khoda 26. Ferozepur Zirka 27. Farul;h~a~ar 28. Nuh 29. Sohna 19X MI!NICIPAI. , 11 973 :H aryana Act 24 Serial Namc . . No. . . .. 31. Pataudi 33. HailiManJl 34. Hodcl 35. Ha~hin 3b. Hasanpur 37. 13awal 38. Alzli Mandi 39. Kanina 40. Mohindcrgarh 41. Charkhi Dadri 42. Bawani Khern 43. Eoharu JG. Julana 47. Uchana 48. Salidon 49. Falchabad 50. Tohana 51. Jakhsl 2 . Ratia 13 Banvala ~ 4 . %aud 55. Uklana Mandi 56. Siwani 57. Mandi Dabwali 58. Kalanwali 59. Ellenabad M. Rania PART 1 LEGISLATlVE 1)EPAIITMEN'I Notifica:ion The 7th December, 2004 No. Leg. 2712004.-The following Act of the Legislature of the State or ana received the asse~~oti the Governor of Haryana on the blh December, and is hereby published for general ~nformation: - Haryana Act No. 25 of 2001 THE tIARY.ANA MUNICW.41, (AMETVDkLl3N'T) ACT, 2001 AN An /i,r~ho.t o onrand rile Hui?mio ~llu~iioipAair r. 1973. Beile~~aetebyd theLegislatureoftIle State ofHilryana in ihe Fifty-fiRhYear he Republic of Indin as follows :--- 1. 'This Act mey be called theFlaryana Municipal !Amendment) Act, 2004. Sho"L'l tlc 2. In seclion 3A of the Waryana Municipal Act, I973 (hereinafter called thr. :\mc~idmeol ul' section ?A nl Horyana .Act 24 of (i) in the first proviso, h)r sign "." cxisting at the end. the sign ":" 1973. shall be substituted; (iij after the existing proviso, the fc>llc~\vinpgr oviso shall be added, namely :- "Provided further that- (;,! ill case of reconstillltilln of the municipality on acco~inlo f be expiry of its durst~ono f five years. such date shall not be earlier than 120 days beforc thc expiry of duration; (ii) in case of reconstitution of the nlt~nicipalityo n account oi d~ssoluliono f tile rni~nic~palitwyh ere the rcmail~dero f Ihc period for which the dissolvcJ municipality would have contirlued is six months or more than six months. such date shall nt~tb e Inter rlian two months after the date of dissol~~tioonf the munic~pality; (iii) ill caseof filling up i)fca$ual xracancy, as specified in section 15, where the remainder of the period fur which the cast~el vacancy to be filled up is six months or more than six months, such dote shall not be inter than rwo montils after the date of the occurrence of such vacancy; (iv) such election shall beconducted in the manner as may be prescribed.". --- .. .- <~. . . . ~ HARYANJ? GO\T. GAZ. (ZXnM.). DEC. 7. ?FA (AGHN. 16, 1926 SAKA) ...~~. ... Em&drncnt of 3. For sub-section (2) of section 24 of the principal Acl. the following cctjoo 24 of sub-section shall be substituted. namely:-- ' < (2) Every electio~of~ a member shall be notified in the Official Gazette hy rhe State Election Commissiol~n or earlier than one week before the cxpiry of the duration of the existing municipality. Every election of a President shall be notitied by the State Government in the Official Gazette within ihirry days from thedate of declaration of the result of such election: Provided that notification regarding byc-election results sh;~lbl e published in (he Official Gazette by the Stare Election Commission forthwith.". R. S. MADAN. Secretary to Government. Haryana, Legislative Department. 179 I-IMYANA (j0V.I'. (;A%. (EXTRA.), Jl1L.Y IS, 7005 o\SAH. 27. 1917 SAKA) -- I * Nolificalion 1 I The 18th July. 2005 No. Leg. 14/2005.- The fbllowing Act of the Legislature of thc State ~f Haryana received the assent of the Governor of i-Iary;~nao n tllc 711' Jvly. 2005, and is hereby published for general information :- Harya~iaA cl No. 10 cf 2005 I I TllE HhRYANil MUNICIPAL (AMEN1)MENT) ACT, 2005 I I Acr jlc~.rl~ctro nnre~ldr ice tln~yarlnh .l~~~ricilA>cafl, 1973. BE it enacted by the Legislature of the State of Haryana in the Fifty- sixth Year of the Republic of India as follows :- 1. This Act may he called the Haryana Municipal (Amendnncnt) SI,O,I~~~IC. Act. 2005. I 2. In sub-section (3) r>f section 9 of the Haryana Municipal Act. 1973 Amendmcnld (hereinafter called thc principal Act).- rcclion 9 nl Haryana Ael24 (a) tlie follr)wing clm~ses h;~ll bc added, namely :- ui 1973. "(i) not more than three persons in case of Municipal Council il~~t11l0 1 inorr than l w p~c:r sc,ns in c;tse rrf bl~nicipal Comlnittee having special knowledge or experiencc in municipal administration;"; (b) for the first proviso. the I'olluwing proviso shall be :;ul~~stituted, namely :- "Provided thal the persons referred to in clause (i) ;~l>ovcsh all not have right to vote in the meelinzs of thc mu~licipnlities :itld the liersons referred to in clauses (ii) atid (iii) sI1;tll no1 Iha\c tttly rig111 to c~~i~tlc'osr t tlic tlcctio~i0 1' lpre?idci~t 1 or sc\~ire.]~rcsidc~~t:~', IS0 I-IAI<Y,\NX CiOV'I'. GAZ. (F.X'l'l<14.l, Il!k.y Is. ?ij'.!i (.\S!\K. !i. 1027 St\KAI -- -. AICIII~IIICIII nl 3. 111 srclinn 2 1.1 ni Ihc ircinc~ll:\lA cl. rllr tlic \<old\ illld hiplls "I\vellly- 'cc'i""Z'J "I rive :!!!,CC~, NIICI tncxc II,;,!, ILW, l~i,~~dtcr1c1l1 x:cs. :tncl \vII~I! IIIV lhrci~cli 15 :I o ,B r P ! I t " ~ ,,n 1 3 A . " , 2; ' I - 1 I I finc ,,r !en rur~ccs"~i1 1v ~vov<lv~ IICIb igns "lhrcc hundred rupces, and i1lol.c L I I L~WL~, ~ 1s~tib~~~s.6 ,I,,, breach is a col~tiliuing brcuch. will) a further fine of one hundred rupccs" shall bc subsliluled. 1<.S. MADAN. Secrclary to Go\~crninent. Haryana. Lcpislalivc Dcparlment. 3'1577-L R-N (;.18. Clld No. Leg. 1312006.-Tlic followin: Act of tlic Legislature of thc State of I-Iarynn:~r ccci\,cd Lhc ;lsscilt of !he Guvcriior of 1-1:lryann on tlic 23rd i:~nu;uy. 2006, ;~ndis iicrcby published for gcncrill inhriilnlion :- IIARYANA AC1' NO. 12 OF 2006 THE HARYANA h.iUNICIPAI, (SECOXD AARTENDb~~KNIA') CT, 2005 ACT 1 1 rI t i 1 1I I I i c i 4 , 1 973. 13c it cnnclccl by tlic I .c:i:<l;~t~lrc( if Oic S!;ltc oF:Inry;~i~I in tlic Fifty-sixth Ycxr (1: ;lie l<(;p~~l?l0i1c' 1111Ii:i :IS i'olii~~~:-:-s. 2. In scciion 2 CIS llic H:lry:lnn Mtlnicili;li Act, I":'? ihcrcinai'tcr callccl tile ipriilcipal Acl).-- 'j1913) "l'rivatc ;~gci~cicss"I i:ill ii;~lu~cpr i\:atc scrvicc ~rovidcrsl ike Airlci, Spice. T;~t:i Iclecun?, Rcliancc, ilulcli :!nd :~lpi livi~tcb ;li?hs will1 Aulomntic Teller h4:lcliinc (~Vl':vl), opci;~to;.s oi iclcvisior: cnl~!c.a nd N;~[ion:ll Stock tXscll.?ngc (NS!J) zi~rl[I IC likc;' ;(lid (ij in cl;ilic (xs), tlie \\.ord ":~rlrl" crixling :I[ thc end shall bc ~ltliitictl; . .'v, HARYAWA CiOV'l'. GAL. !I~::I'J<A.), 1%13. 10. 2006 ( M,\GI.l. 21, I927 Sh,! - CA) -- - . .. . iii) :~flcrc lnti:ic. (?xi. tlii: t i I I l l I IC i~iscr~ccl, "(XUic~:ll ialc Llic i n : i cni!~~ii!l~iic~~cn!li,l~csi ii (tl~lciri.g;.oli~~d:i s n2eil 2.5 !~vci-~:ro,lrld), c!cclioil 11 ; ci>~nrnutiicnLiolllo n,css and dish ;lriclilins cs:al~Iished and in:!i!~:nincd by i~rivatci s 21s we ll as aclni-Governmcn: ;~gelicies; and". No. Leg. 2l/?OOi;.-'i'i1e r~~llo\vA~cil~ ogf (he :x:;isi;~tuie 01' Ihe j~:i:io:f 1H;iryana i'eccivcd il~c:I sscnt of tlic Govcrnor zi liarynna on thr 21.1 :\prii. 200(1. ;:id is ihc:-;by ~~c:blishcfrol r gcncrnl inir~rrn.?l:~- n~~ IIAKYANA AC'I' NO. 10 OF 2006 TllE 1I:iRYANA LYIUNICIPAI, (AhIENlIhlENT) ACY, 2006 2. In scclion 13A ofthc Hal-ynlln ivl~i~iieip:.tAl ct, I )73 il1i:rcinnlicr c;~llcd or AI,ICI,~~C:JII ,,.,. ~ l i ~ ~l\c~i).c-- q ~ ~ l ~ icclliln 1 3n~i ,,t. liaryoon Acl 24 (1) ill ~li~~~scc(i Ii)~- 111 !I( 11J73. "(d) if lhc is con\,lc~cdo r has bcc~c:~on \'icicd uf an olfeuce ~x~~iislinb11ll1:1 dcsrc eLi(>n:i?!l. :ill ;tncl 3 1 ol'lke Ilaryirna hlunicip:l! (?i11p,lr;ltin~1,\ ci. ,994 (16 of 1994). the l'iei,cnlion of Cllruj~iiilnik i. 1.18s (49 of 1988) IJr thc i'rc~:cliIion or7'errr~ismA ct. 200Z !, 1.5 of ?007).": "(31 I~:IJICIIL~OII vl ilr~lisilch:I ihisc~:l jlc CC~~~/.~CIIC al thc lin~e ol riling non~in;lIion. ilc sllnll be disqu 1iiic0 f ~nr !p eriod of six yc:lrs rrom colllcslillg Iilc clcctioll to 11 .: l.~~!nicilInlily,". I ) rlie prcparalio% revision o; f:ci~.rcclioiio f 311 eleclorol roll; or ? [b) lb,c incl~in~i,>,r llc xclusiori 1nI':iny r~ill-yin or from ;111 eicctorai roll. a slillclncnl or declnr:\lion in wrili~lgw. hich is i1:st: :rllu which hc cilher hiiowsor bclicvcs to i~cla lsc or d<~crslo r I,clicvc lo bl: i-:I:, lie sliiill be punishoblc with ii~i~,ris~~ilrnlocrn :I i IC~ITI \i4iicll ~ii:~cyr: ~c~ioi~ c1l 1c n~onrllo, r \VI~FIIi ne which !nay cxicnd 10 one ihnusn;~.d rupccs. or with boii~. "1313. AppIic;>lirln of ccrrsin sccii<nis r,fCcnrral Act 33 of I95 I.- 'Slic provisiiii~s< >scI'c lions 201:. 28.2; ?if\, 33U. 125A, 134A. 1348. 13513 arid 135C oTlhe Rcprcscni;iiio~lo I'1hc I'co(>lc Act. 1951 (Ccnlrni Acl 43 of 1951). shall ,,irirciri.r ,riir/ari~ii.sa pply lo tnc provisions of Ihis 1\ct.-. . . : .~ta>cn:i:>~c:r~ zi. 1-r, sub-scoio,: I I! CA:sIc' lii,n 15 r,? i i li~rinc ipnl Acl, rlic following 1,' ,..., r: !j ,>I ~pr<,visi,: ,II:LII Ije ;~tidcd.I I:LIIIC~~ :-~ : x:,l.,dl::, ;\<, 24 : ,;,,;I "l'rnvidc<l. III.>I ro cIcriii,i, sl~nl!I lc lhcld It; fill a casual vnc:inc)' ~'ccu~rin\vg~ lI~siinn nn,nilib lllioi I<>l l~lcio lJir!g I~I'gLeIn cral election.". ; 5 Al'lcr sui~-\ccili>z(~I) nf'sccii[,r, 275 ,,:ilic prillcipal Act. ilie f<illowing sub-sccricin si1;tll bc iliscricd, rlarnel) :--- "(I :\j. Nolwirhsl::iidi~~.g? iivlliiiig c~hnt:~incidn [his Act or lhc rules 111;1<lct licrc~ii~~ilic~rc,: ~:~sliii,::;, :J rc~:~iid~i~~,~b)yf ~voultireips ~n;icIiincs niic? bc ;~doptc:l in siicl~i nnrircr ;IS ir~iiyb c iprcscribed, in such 111111ii~i~0~: :~1.1l1~1l~1 111ii[~c:;liisi ic1~1 1~S liltc I~~ccICi~i~~mllnl issioiln lny, Ililwi~gIC ?,;II~ :o 1l1c c i i ~ ~ ~ n ~ i.Ii'C~:nIC~IIC e:I\Ch. s~)cciI'y.~ Expla~intir~r,.-For ilic p\~rlx~oscit his s!ib-sccrion "voring m;ichi~is"m eims ;li~ym acliinc or oppnralus wheiher ripcrereJ elccuonically or r~rherwiscu scd lor cirsliil: or rccordiri~o f volcs :111d ;any rcft:r$:~.cci n a h;lllol box or b:illol paper in lllis Acl i ~lrhc rules inadc ll~creundcsr linil. sr:.:. .I: <:llicrwisc provided, he consrrucd ;IS incl~idin!: n rcicrcncc (11 5ucl1 voliiig ril;c.~ii-c \'.licrcvcr such voling niachi~icis usctl ill 1111)' CICCIIIIII.". M. S. SULLAR, Sccrctaiy to Goveriullcni, lla:ynn:i, Lc!:islalive Dcparhncnl. ,. I f,,2 x . . , .,,. , r,,,j\ ., t. < , ~(.. ,- : , ] :T<y,I. T.' t,, y .2, ~ 1 ' I.I;(;ISI .;,.I'(\'?.. li~~:~':\l?.!'>il:N !' X~~lilir::lio~~ ~ I IIC i 11, OCIC~I~L;~, JPl'J6 so, ldcz. 3(!/20[!(i.-'i'!;i: f;,ili,!viny ,".c; or ;ho 1.cgibl.tluic 111 thc StlilC , ,.( vi:sy;r,c,,cnciv cd 11,~. ;laselil ~ill,:i C iovci-~ioro t kinry;;tla t ~ niii c jnl Ocluhcr. : ~:!;o,a nci is Ihel;:i,y prthl~shcdI I,I gcncl:li i!llh\-n?i.<ion: - 1 Il:\l(l'i\NA ACI NiP. 20 01.' 2006 ,\nicn<l,,lilll 17,' \CCllOii 2 ul 11;10.3!1:1 Ail 2.1 <,i IVX. ii) ill c.i.il~sci b). lor s~:>ii':'. tl?c sign'.' allnll bc suiiat~lulzd ;rr~lhorizedh y hiru or by his clcc1ir;ii agcm Croi~ii hc dnrc oi *.. filing o l n omllialian pallcrs lo tlic il:iie iof dccinrstion uC llie rcsull rliel-cuf boih d.lrcs inclr sivc. (2) ltic nciuunr sh;lll contar sucli purticul;ira. SI; ma). he ~notif~ebdy the Stale Elcctio~(:~o liln~ission in ll~isb ehalf. (3) Thc tolal c!f Ihr sat. ;i;pclidilurc sllall nor exceed such nnioiint as [nay 11- nocificd by l11c SI:lle Pleciioi~C ommission lion) ilniu to ilm: " i . I : - R --I c r.. r11.1 Thr I I th April. 2007 No. Leg. 13/2007.-Ti1c fnllo\ving ACI or the LcgisIa~urr:o f {llc Statc of 1,li~ryanare ccivcd ttlc aswrit nF thc Gnrcrrsar of Iliqryi~r;iio n llie 7th Aps~l.2 007. njld is hcreby published Tor gcr~c~.a1l1 1furrn31io:-~ i II..\KYhNA ACT Mo. 12 01.- 3307 Acr Dc it c~~aclcbdy dlc Lcgistaturc of tlil: Statc of Harynna in thc Fifty-eighth Y car of rhc Republic of India as follows:-- 1. l'i~is Acr uley bl: cnllcd rhr: 1-1;iryana Manicip:rl IArnc~rdmcat) Act. 1007. 2. In proviso 10 section S 1 of tl~cW ;iry~naM u~icipalA ct. 1973. for thc \r*ur;ds "fivey cnrs". {be \#turds "ten ycafs" ~11311b e subs~itutctl. M. S. SULLAK. Secretary to Government, Hrrryana. Lcgisla~ivcD epairmcn~. Regd. No. CHD/0093/2015–2017 Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 65-2017/Ext.] CHANDIGARH, MONDAY, APRIL 17, 2017 (CHAITRA 27, 1939 SAKA ) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART-I ACTS 1. THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2017 157 (HARYANA ACT NO. 13 OF 2017). 2. THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) 159 ACT, 2017 (HARYANA ACT NO. 14 OF 2017). PART-II ORDINANCES NIL PART-III DELEGATED LEGISLATION NIL PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (xxv) HARYANA GOVT. GAZ. (EXTRA.), APR. 17, 2017 (CHTR. 27, 1939 SAKA) 157 PART – I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 17th April, 2017 No. Leg.13/2017.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 21st March, 2017 and is hereby published for general information:- HARYANA ACT NO. 13 OF 2017 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2017 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-eighth Year of the Republic of India as follows :– 1. This Act may be called the Haryana Municipal (Amendment) Act, 2017. Short title. 2. After section 3A of the Haryana Municipal Act, 1973 (hereinafter called the principal Insertion of Act), the following section shall be inserted, namely:— section 3B in Haryana Act 24 “3B. Delegation of functions of State Election Commission.- The functions of of 1973. the State Election Commission under the Constitution, this Act or the rules made thereunder may, subject to such general or special directions, if any, issued by the State Election Commissioner in this behalf, be performed by an officer authorized by the State Election Commissioner.”. 3. In section 13D of the principal Act, the figure, letter and sign “10A,” shall be omitted. A m e n dment of section 13D of Haryana Act 24 of 1973. 4. After section 13E of the principal Act, the following sections shall be inserted, namely:— Insertion of sections 13F, 13G “13F. Disqualification for failure to lodge account of election expenses.— If the and 13H in State Election Commission is satisfied that a person has failed to lodge an account of Haryana Act 24 election expenses within the time and manner, as prescribed by the State Election of 1973. Commission and has no reason or justification thereof, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified for contesting an election for a period of five years from the date of the order under this Act. 13G. Removal or reduction of period of disqualification.— The State Election Commission may, for reasons to be recorded in writing, remove or reduce the period of disqualification under section 13F. 13H. Lodging of account with the Deputy Commissioner.—Every contesting candidate or his election agent shall, lodge account of election expenditure within thirty days from the date of declaration of election result with the Deputy Commissioner or an officer authorized by the State Election Commission.”. KULDIP JAIN, Secretary to Government Haryana, Law and Legislative Department. 55215—L.R.—H.G.P., Chd. HARYANA GOVT. GAZ. (EXTRA.), NOV. 23, 2017 (AGHN. 1, 1939 SAKA) 459 PART–I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 23rd November, 2017 No. Leg. 35/2017.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 8th November, 2017 and is hereby published for general information:– HARYANA ACT NO. 32 OF 2017 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2017 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-eighth Year of the Republic of India as follows:– 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2017. Short title. 2. For clause (viii) of sub-section (1) of section 70 of the Haryana Municipal Act, 1973, Amendment of the following clause shall be substituted, namely:- section 70 of Haryana Act 24 “(viii) a tax on the consumption of electricity at the rate of two percent of the electricity of 1973. bill consumed by any person within the limits of the municipality;”. 3. In sub-section (1) of section 203 of the principal Act,- Amendment of section 203 of (i) in clause (i), for the sign “.” existing at the end, the sign “:” shall be substituted; and Haryana Act 24 (ii) after clause (i), the following proviso shall be inserted, namely:- of 1973. “Provided that where an individual or a company applies for preparation/ approval of town planning scheme over its own land, then the un-built area shall not be declared. The committee shall pass a resolution for approval of town planning scheme within sixty days from the date such proposal is put up for its consideration for the first time, otherwise the Deputy Commissioner shall forward the proposal of the town planning scheme directly to the State Government.”. BHUPINDER NATH, Additional Legal Remembrancer & Special Secretary to Government Haryana, Law and Legislative Department. 55804—L.R.—H.G.P., Chd. HARYANA GOVT. GAZ. (EXTRA.), APR. 19, 2018 (CHTR 29, 1940 SAKA) 87 PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 19th April, 2018 No. Leg. 20/2018.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 3rd April, 2018 and is hereby published for general information:- HARYANA ACT NO. 17 OF 2018 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2018 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:- 1. This Act may be called the Haryana Municipal (Amendment) Act, 2018. Short title. 2. After section 7 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act), Insertion of the following section shall be inserted, namely:- section 7A in Haryana Act 24 ―7A. Time limit for delimitation and reservation of wards.- The work relating to of 1973. the delimitation and reservation of wards of the municipal committee shall be completed six months before the completion of the tenure of municipal committee, failing which the State Election Commission shall go ahead with the process of preparation of electoral rolls and conduct of elections on the basis of existing delimitation and reservation of wards. ‖. 3. In sub-section (1) of section 13A of the principal Act,- Amendment of section 13A of (i) in clause (i), for the sign ―.‖ existing at the end, the sign and word ―; or‖ shall be Haryana Act 24 substituted; and of 1973. (ii) after clause (i), the following clause shall be added at the end, namely:- ―(j) if he makes expenditure beyond the prescribed limit on his election or fails to submit his election expenditure statement.‖. 4. In section 13H of the principal Act, the following words, figure and signs shall be added Amendment of at the end, namely:- section 13H of Haryana Act 24 of ―The Deputy Commissioner or such officer shall, send a list of those candidates 1973. who contested but fail to lodge the account of election expenditure or made expenditure beyond the limit prescribed by the State Election Commission immediately after the completion of a period of thirty days from the declaration of election result. The State Election Commission shall accordingly pass an order of their disqualification under section 13F.‖. 5. After section 13H of the principal Act, the following sections shall be inserted, namely:- Insertion of sections 13I, 13J ―13I. Removal of an elected member having any disqualification at time of and 13K in election.- The State Election Commission may, after such enquiry, as it may deem fit and Haryana Act 24 of 1973. after giving an opportunity of being heard, by order, remove a member, if he was having any disqualification mentioned in section 13A or rules framed under this Act at the time of his election. The office of the member so disqualified shall become vacant immediately. 88 HARYANA GOVT. GAZ. (EXTRA.), APR. 19, 2018 (CHTR 29, 1940 SAKA) 13J. Removal of an elected member who fails to lodge election expenditure statement.– If an elected member fails to follow the provisions of sections 13F or 13H, he shall be removed by the State Election Commission after giving him an opportunity of being heard. The office of the member so disqualified shall become vacant immediately. 13K. Review.– A member so disqualified under section 13I or 13J may file an application for review of order before the State Election Commission within a period of forty-five days from the receipt of the order. The order passed by the State Election Commission under this section shall be final and no civil court shall have jurisdiction to entertain a petition against such order.‖. Amendment of 6. In clause (f) of sub-section (1) of section 14 of the principal Act, the signs and words ―, or section 14 of if it appears that he was, at the time of his election or nomination subject to any such Haryana Act 24 disqualification‖ shall be omitted. of 1973. KULDIP JAIN, Secretary to Government Haryana, Law and Legislative Department. 56208—L.R.—H.G.P., Chd. Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 16-2019/Ext.] CHANDIGARH, WEDNESDAY, JANUARY 23, 2019 (MAGHA 3, 1940 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART&I ACTS 1. THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2018 19 (HARYANA ACT NO. 5 OF 2019). 2. THE HARYANA MUNICIPAL CORPORATION (THIRD AMENDMENT) 21 ACT, 2018 (HARYANA ACT NO. 6 OF 2019). PART&II ORDINANCES NIL PART&III DELEGATED LEGISLATION NIL PART&IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (ix) HARYANA GOVT. GAZ. (EXTRA.), JAN. 23, 2019 (MAGH. 3, 1940 SAKA) 19 PART I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 23rd January, 2019 No. Leg. 5/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th January, 2019 and is hereby published for general information:- HARYANA ACT NO. 5 OF 2019 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2018 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:- 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2018. Short title. 2. In sub-section (1) of section 2A of the Haryana Municipal Act, 1973,- Amendment of section 2A of (i) in clause (i), after the words “area with”, the word “existing” shall be inserted; Haryana Act 24 of (ii) in clause (ii), after the words “area with”, the word “existing” shall be inserted; 1973. (iii) in clause (iii), after the words “area with”, the word “existing” shall be inserted; and (iv) the existing Explanation shall be re-numbered as Explanation 1 and after the Explanation 1 so re-numbered, the following Explanation shall be inserted, namely:- ‘Explanation 2.- “existing population” means the population projected for the year in which the constitution of the municipality is being considered as per the following formula, namely:- EP = P X (1+AGR/100)n ; where- (i) EP - refers to existing population; (ii) P - refers to the population defined in clause (45) of section 2; (iii) AGR - refers to the annual growth rate in percent obtained from the last decennial census; (iv) n - refers to the number of years from the last decennial census year to the year in which the constitution of the municipality is being considered.’. MEENAKSHI I. MEHTA, Secretary to Government Haryana, Law and Legislative Department. 8532—L.R.—H.G.P., Pkl. Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 120-2019/Ext.] CHANDIGARH, THURSDAY, JULY 18, 2019 (ASADHA 27, 1941 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART&I ACTS 1. THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2019 195—196 (HARYANA ACT NO. 26 OF 2019). 2. THE HARYANA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2019 197 (HARYANA ACT NO. 27 OF 2019). PART&II ORDINANCES NIL PART&III DELEGATED LEGISLATION NIL PART&IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (lxvi) HARYANA GOVT. GAZ. (EXTRA.), JULY 18, 2019 (ASAR. 27, 1941 SAKA) 195 PART I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 18th July, 2019 No. Leg.27/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 19th June, 2019 and is hereby published for general information:- HARYANA ACT NO. 26 OF 2019 THE HARYANA MUNICIPAL (AMENDMENT) ACT, 2019 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventieth Year of the Republic of India as follows:- 1. This Act may be called the Haryana Municipal (Amendment) Act, 2019. Short title. 2. In section 13 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act), Amendment of after the words “Official Gazette”, the words “by the State Government” shall be inserted. section 13 of Haryana Act 24 of 1973. 3. After section 18 of the principal Act, the following section shall be inserted, namely— Insertion of section 18A in “18A. Time line for election of President and Vice-President.- (1) Unless the State Haryana Act 24 Government otherwise directs, the Deputy Commissioner or any gazetted officer of 1973. appointed by him in this behalf shall, within thirty days of the publication of the notification of the names of the members elected to a committee, convene the first meeting of the newly constituted committee at forty-eight hours’ notice to be delivered at their ordinary place of residence to administer an oath of allegiance under section 24. The notice shall clearly state that the oath of allegiance shall be administered to the members present. (2) The Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meetings referred to in sub-section (1), convene a meeting of the members at forty-eight hours’ notice to be delivered at their ordinary place of residence. The notice shall clearly state that the oath of allegiance shall be administered to the left over members and that the election of the President and Vice-President shall be held in the meeting. The convener shall firstly administer the oath of allegiance to the left over members and thereafter shall preside over the meeting of the election of the President and Vice-President. (3) If the members fail to elect the President and Vice-President in the meeting convened under sub-section (2), the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meeting referred to in sub-section (2), convene meeting of the members for the election of the President and Vice-President as per the procedure mentioned above until the President and Vice-President are elected. (4) If the members fail to elect the President and Vice-President in the meetings convened under sub-sections (2) or (3) till the expiry of five months from the date of notification of elected members by the State Election Commission, the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, convene a meeting of the members for the election of the President and Vice-President at forty-eight hours’ notice to be delivered at their ordinary place of residence. The notice shall clearly state that if the members fail to elect the President and Vice-President in the meeting, the committee shall be deemed to have been dissolved without any further notice or order. 196 HARYANA GOVT. GAZ. (EXTRA.), JULY 18, 2019 (ASAR. 27, 1941 SAKA) (5) Notwithstanding anything contrary to this Act, if the members fail to elect the President and Vice-President in the meetings convened after following the procedure provided under aforesaid provisions till the expiry of six months from the date of notification of the elected members, the committee shall be deemed to be dissolved with immediate effect without following any procedure provided under the Act or rules made thereunder: Provided that such meetings shall be deemed to be validly convened meetings of the committee. (6) Notwithstanding anything contained in any bye-laws made under section 31, the administration of the oath of allegiance and the election of the President and Vice-President shall be recorded as part of the proceedings in the minutes of the meetings.”. MEENAKSHI I. MEHTA, SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 57205—L.R.—H.G.P., Chd. Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 150-2019/Ext.] CHANDIGARH, WEDNESDAY, SEPTEMBER 4, 2019 (BHADRA 13, 1941 SAKA ) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART - I ACTS 1. THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2019 233–237 (HARYANA ACT NO. 33 OF 2019). 2. THE HARYANA MUNICIPAL CORPORATION (SECOND AMENDMENT) 239 ACT, 2019 (HARYANA ACT 34 OF 2019). PART - II ORDINANCES NIL PART - III DELEGATED LEGISLATION NIL PART - IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (lxxxiii) HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4, 2019 (BHDR. 13, 1941 SAKA) 233 PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 4th September, 2019 No. Leg. 34/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 30th August, 2019 and is hereby published for general information :– HARYANA ACT NO. 33 OF 2019 THE HARYANA MUNICIPAL (SECOND AMENDMENT) ACT, 2019 AN ACT further to amend the Haryana Municipal Act, 1973. Be it enacted by the Legislature of the State of Haryana in the Seventieth Year of the Republic of India as follows:– 1. This Act may be called the Haryana Municipal (Second Amendment) Act, 2019. Short title. 2. In section 9 of the Haryana Municipal Act, 1973 (hereinafter called the principal Act),– Amendment of section 9 of (i) for sub-sections (1) and (2), the following sub–sections shall be substituted, Haryana Act 24 of namely:– 1973. “(1) The municipalities constituted under section 2A shall consist of the president, vice–president and such number of elected members, not less than eleven, as may be prescribed. (2) Save as provided in sub-section (3), all the seats in the municipality including the president shall be filled in by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall, by a notification issued in this behalf, be divided into territorial constituencies to be known as wards.”; (ii) for the first proviso to clause (iii) of sub-section (3), the following proviso shall be substituted, namely:– “Provided that the persons referred to in clause (i) above shall not have any right to vote in the meetings of the municipalities and the persons referred to in clauses (ii) and (iii) above shall not have any right to vote for the No Confidence Motion and to contest òr vote for the election of vice-president.”. 3. In section 11 of the principal Act,– Amendment of section 11 of (i) for the existing marginal heading, the following marginal heading shall be Haryana Act 24 substituted, namely:– of 1973. “Term of office of president and members.” ; (ii) in sub–section (1), for the words “elected members”, the words “elected president and members” shall be substituted; (iii) for sub–section (4), the following sub-section shall be substituted, namely:– “(4) When as a result of an enquiry held under Chapter XIV, an order declaring the election of the president or any member void has been made, such president or member shall forthwith cease to be the president or member of the committee.”. 4. For section 13 of the principal Act, the following section shall be substituted, namely:– Amendment of section 13 of “13. Resignation of president or member of Committee.– If the president or a Haryana Act 24 member of a committee wishes to resign his office, he shall submit an application in of 1973. writing to the Deputy Commissioner. If such resignation is accepted, it shall be notified in the Official Gazette by the State Election Commission, Haryana, on a date not less than fifteen days and not more than sixty days after the receipt of the said application by the Deputy Commissioner whereupon the president or member shall be deemed to have vacated his seat: 234 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4, 2019 (BHDR. 13, 1941 SAKA) Provided that if the president or a member who has submitted an application to resignd wishes to withdraw his resignation, he may apply to the Deputy Commissioner within fifteen days of the receipt by the Deputy Commissioner of his application to resign, and the application to resign shall then be deemed to have been withdrawn.”. Amendment of 5. In section 13A of the principal Act,– section 13A of Haryana Act 24 of (i) for the existing marginal heading, the following marginal heading shall be 1973. substituted, namely:– “Disqualifications for president and members.”; (ii) in sub-section (1), for the words “being a member”, the words “being the president or a member” shall be substituted; (iii) in the second proviso to clause (h) of sub-section (1), for the words “qualification shall be 5th pass”, the words “qualification for members excluding the president shall be 5th pass” shall be substituted; (iv) in sub-section (2), for the words “whether a member”, the words “whether the president or a member” shall be substituted. Amendment of 6. In section 13B of the principal Act,– section 13B of Haryana Act 24 (i) in sub-section (1), for the words “elected members”, the words “elected president of 1973. or member” shall be substituted; (ii) in sub-section (2), for the words “elected member” occurring twice, the words “elected president or member” shall be substituted. Amendment of 7. For section 13I of the principal Act, the following section shall be substituted, namely:– section 13I of Haryana Act 24 “13I. Removal of an elected president and member having any disqualification at of 1973. the time of election.– The State Election Commission may, after such enquiry, as it may deem fit and after giving an opportunity of being heard, by an order, remove the president or a member, if he was having any disqualification mentioned in section 13A or rules framed under this Act at the time of his election. The office of the president or member so disqualified shall become vacant immediately.”. Amendment of 8.

For section 13J of the principal Act, the following section shall be substituted, namely:– section 13J of Haryana Act 24 “13J. Removal of an elected president and member who fails to lodge election of 1973. expenditure statement.- If an elected president or member fails to follow the provisions of sections 13F or 13H, he shall be removed by the State Election Commission after giving him an opportunity of being heard. The office of the president or member so disqualified shall become vacant immediately.”. Amendment of 9. In section 13K of the principal Act, for the words “A member”, the words “the president section 13K of or a member” shall be substituted. Haryana Act 24 of 1973. Amendment of 10. In section 14 of the principal Act,– section 14 of Haryana Act 24 (i) for the existing marginal heading, the following marginal heading shall be of 1973. substituted, namely:– “Powers of State Government as to removal of president and members.”; (ii) in sub–section (1),– (a) for the words “remove any member”, the words “remove the president or any member” shall be substituted; (b) in clause (b), for the words “be a member”, the words “be the president or a member” shall be substituted; (c) in clause (e), for the words “as a member”, the words “as the president or a member” shall be substituted; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4, 2019 (BHDR. 13, 1941 SAKA) 235 (d) for the existing proviso, the following proviso shall be substituted, namely:– “Provided that no removal of the president or a member shall be notified unless the matter has been enquired into by an officer, not below the rank of an Extra Assistant Commissioner, appointed by the State Government and the president or member concerned has been given a reasonable opportunity of being heard or there is a finding by the competent court in this regard.”. 11. In section 14A of the principal Act,– Amendment of section 14A of (i) for the existing marginal heading, the following marginal heading shall be Haryana Act 24 substituted, namely:– of 1973. “Suspension of president and members.”; (ii) in sub-section (1), for the words “suspend any member”, the words “suspend the president or any member” shall be substituted; (iii) in sub-section (2), for the words “Any member”, the words “The president or any member” shall be substituted; (iv) in proviso to clause (ii) of sub-section (2), for the words “a member”, the words “the president or a member” shall be substituted. 12. In sub-section (1) of section 15 of the principal Act, for the words “any member”, the Amendment of words “the president or any member” shall be substituted. section 15 of Haryana Act 24 of 1973. 13. For section 18 of the principal Act, the following section shall be substituted, namely:– Amendment of section 18 of “18. Election of vice-president.- (1) Every Municipal Committee or Municipal Haryana Act 24 Council shall, from time to time, elect one of its elected members to be the vice-president: of 1973. Provided that if the office of the vice-president is vacated during his tenure on account of death, resignation or no confidence motion, a fresh election for the remainder of the period shall be held. (2) The term of office of the vice-president shall be for a period of five years or for the residue period of his office as a member, whichever is less.”. 14. For section 18A of the principal Act, the following section shall be substituted, namely:– Amendment of section 18A of “18A. Time line for oath of allegiance and election of vice-president.– (1) Unless Haryana Act 24 the State Government otherwise directs, the Deputy Commissioner or any gazetted officer of 1973. appointed by him in this behalf shall, within thirty days of the publication of the notification of the names of the president and the members elected to a committee, convene the first meeting of the newly constituted committee at forty-eight hours notice to be delivered at their ordinary place of residence to administer an oath of allegiance under section 24. The notice shall clearly state that the oath of allegiance shall be administered to the president and members present. (2) The Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meetings referred to in sub-section (1), convene a meeting of the president and members at forty-eight hours notice to be delivered at their ordinary place of residence. The notice shall clearly state that the oath of allegiance shall be administered to the left over members and that the election of the vice-president shall be held in the meeting. The convener shall firstly administer the oath of allegiance to the left over members and thereafter shall preside over the meeting of the election of the vice-president. (3) If the president and members fail to elect the vice-president in the meeting convened under sub-section (2), the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meeting referred to in sub-section (2), convene meeting of the president and members for the election of the vice-president as per the procedure mentioned above until the vice-president are elected. (4) If the president and members fail to elect the vice-president in the meetings convened under sub-sections (2) or (3) till the expiry of five months from the date of notification of the elected president and members by the State Election Commission, the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, 236 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4, 2019 (BHDR. 13, 1941 SAKA) convene a meeting of the president and members for the election of the vice-president at forty-eight hours notice to be delivered at their ordinary place of residence. The notice shall clearly state that if the members fail to elect the vice-president in the meeting, the committee shall be deemed to have been dissolved without any further notice or order. (5) Notwithstanding anything contrary to this Act, if the president and members fail to elect the vice-president in the meetings convened after following the procedure provided under aforesaid provisions till the expiry of six months from the date of notification of the elected president and members, the committee shall be deemed to be dissolved with immediate effect without following any procedure provided under the Act or rules made thereunder: Provided that such meeting shall be deemed to be validly convened meetings of the committee. (6) Notwithstanding anything contained in any bye–laws made under section 31, the administration of the oath of allegiance and the election of the vice-president shall be recorded as part of the proceedings in the minutes of the meetings.”. Amendment of 15. In section 20 of the principal Act, – section 20 of (i) in the marginal heading, the words “president or” shall be omitted; Haryana Act 24 of 1973. (ii) in sub-section (1), the words “president or” shall be omitted. Amendment of 16. In section 21 of the principal Act, – section 21 of (i) in the marginal heading, the words “president or” shall be omitted; Haryana Act 24 of 1973. (ii) in sub-section (1), the words “president or” shall be omitted; (iii) for sub-section (3), the following sub-section shall be substituted, namely:– “(3) If the motion is carried with the support of not less than two–thirds of the elected members of the committee, the vice-president shall be deemed to have vacated his office.”; (iv) for sub-section (4), the following sub-section shall be substituted, namely:– “(4) If a no confidence motion is passed against the vice-president, the Sub-Divisional Officer (Civil) of the area in which the municipality is situated or any other officer not below the rank of Extra Assistant Commissioner authorized by the Deputy Commissioner shall henceforth exercise the powers and discharge the functions of the vice-president till the vice-president is elected.”. Amendment of 17. For section 22 of the principal Act, the following section shall be substituted, namely:– section 22 of “22. Removal of vice-president.– The State Government may, at anytime, by Haryana Act 24 of 1973. notification, remove vice-president from his office on the ground of abuse of his power or of habitual failure to perform his duties: Provided that no removal of the vice-president shall be notified unless the matter has been enquired into by an officer, not below the rank of an Extra Assistant Commissioner appointed by the State Government and the vice-president has been given a reasonable opportunity of being heard or there is a finding by the competent court in this regard.”. Amendment of 18. For section 22A of the principal Act, the following section shall be substituted, namely:– section 22A of “22A. Suspension of vice–president.– (1) The Director may suspend the Haryana Act 24 of 1973. vice–president of a committee/council where,– (a) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Director the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character; (b) a case against him in respect of the grounds of removal mentioned under section 22 is under enquiry, after giving him a reasonable opportunity of being heard. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 4, 2019 (BHDR. 13, 1941 SAKA) 237 (2) The vice-president suspended under sub-section (1) shall not take part in any act or proceeding of the committee during the period of his suspension and shall hand over the records, money or any other property of the committee/council in his possession or under his control to the president or in case the president is also suspended, to such person as the Director may appoint in this behalf: Provided that the suspension period of the vice–president shall not exceed six months from the date of issuance of suspension order except in criminal cases involving moral turpitude. (3) Any person aggrieved by an order passed under sub-section (1) may, within a period of thirty days from the communication of the order, prefer an appeal to the State Government. 19. For section 24 of the principal Act, the following section shall be substituted, namely:– Amendment of section 24 of “24. Notification of elections and nominations.– (1) Every election or nomination Haryana Act 24 of a member and election of the president of a Municipal Committee or Municipal Council of 1973. shall be notified in the Official Gazette and neither the president nor member shall enter upon his duties until his election or nomination has been so notified and until, notwithstanding anything contained in the Oaths Act, 1969, elected president or members has been or made at a meeting of the Municipal Committee or Municipal Council an oath or affirmation of his allegiance to India and the Constitution of India in the following form, namely:– “I ________________ having been elected as the president or a member of a Municipal Committee or Municipal Council of _________ do solemnly swear in the name of God that I shall bear true faith and allegiance to the Constitution of India as by law established and that I shall faithfully discharge the duties upon which I am about to enter.”. (2) Every election of the president or a member shall be notified in the Official Gazette by the State Election Commission not earlier than one week before the expiry of the duration of the existing municipality: Provided that notification regarding bye-election result shall be published in the Official Gazette by the State Election Commission forthwith. (3) If any such person omits or refuses to take or make the oath or affirmation as required by sub-section (1) within three months of the date of notification of his election, his election shall be deemed to be invalid for any reason which it may consider sufficient unless the State Government extends the period within which such oath or affirmation may be taken or made. (4) If an election is deemed to be invalid under the provisions of sub–section (3), a fresh election shall be held.”. 20. In sub-section (1) of section 25 of the principal Act,– Amendment of section 25 of (i) for the sign “.” existing at the end, the sign “:” shall be substituted; and Haryana Act 24 (ii) the following proviso shall be inserted, namely:– of 1973. “Provided that in addition to the aforesaid meeting, every committee shall hold atleast one meeting in every six months of a duration of not less than three days.”. 21. After sub-section (6) of section 257 of the principal Act, the following sub-section shall Amendment of section 257 of be added, namely:– Haryana Act 24 “(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—L.R.—H.G.P., Chd. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 19, 2020 (BHDR. 28, 1942 SAKA) 153 PART-I 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 of section 98A in “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 4th September, 2019, namely:- section 279 of Haryana Act 24 “(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.”. Repeal and saving. 5. (1) The Haryana Municipal (Amendment) Ordinance, 2020 (Haryana Ordinance No.6 of 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., Pkl. HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 2020 (AGHN. 20, 1942 SAKA) 227 PART–I 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 HARYANA GOVT. GAZ. (EXTRA.), DEC. 11, 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.