The Haryana Municipal Act, 1973 (24 of 1973)
Haryana · state statute
Open in Lexace · Ask the AI about this act19?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~ution of municipsliries. Municipalities 3. Proceduic for declaring municipatky. 3A. A Slate Elec~ion Commission. 4. Notification of inlention to alter limirs of municipality. 5. Notificarion of intention to ex~ude local 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~ion of Municipali tics. ..a,. 10. Nomination ofBalrmki. , 1 1. Term ofofice of members. , . I, , . 12. Duration of comrni~tcc and election of members. 13. Resignation of mcmber committee. ' ,J,. 13A. Disqualifications,for .. ... , mernbcrship. .- , , .: - . , . 1 3b. .:esviction on simultaneous or Double Membership. ',,: 14. Powers of State Government as to rembval of members. 'J .I-. 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 : Haryana Act 24 Sections 19. Term of office of Plcsident and Vice-President. 20. Resignation ol Presidenr or Vice-President. 21. Motion of no confidence against President or Vice-President. 22. Removal of President or Vice-Resident. 22A. Susptnsion of Presidcn~ or 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. ~onstitutian and 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. ,;I. 39. Savings as to first appohtlnents. 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~c, in caseof service partly under the , , , , State Govcrnmenl and partly under committee. ..I1 . 46. Notice beCore discharge. 1973 : Haryana Acl24 I ~~CIFAL 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~y of rnernbers of comrnirtcc. CHrnR n' 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~ion and maintenance , . of 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,....--. rl 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 : Haryana 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 me infomarion 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~ion on operation of this Chapter. C-R VIU Water Supply 108. Provision of water. 109. Supply of wa~er to connected premises. . - 110. Supply of water for other than domestic purposes. . . 1 1 1. Making connetions wih municipq , yaler-works. , . .. 112. Obliga~ion of dwner or mcupier to give notice of waste of water. 1 13. 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~ion of 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<mnances except 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 cv wires, 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 he 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 : Havana Act 24 1 Sections 144. Inforrna~ion lo be given of cholera. small-pox, elc. 145. Removal ro hospilal of parients suffering from infectious diseases. 146. Disinfec~ion of 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. " - -. I ' .. 161. Definition of house-scaveiging. 162. Undertaking by committee of house-scavenging gendrilly. * - ,, 163. Abolition of customary rights. , .- . . , - 164. Scavenging, etc. -.: . .:. 165. Continuance of house-scavenging ., once uhder taken - by corninittee. - .. , , , 166. Obligation of commiuee to perform housescavenging properly. .. , , .#I. :. . :.. ,.. . ., . , .... .: 167. Powers of municipal employees for house-~cave&~in~ - ' .. - , , .- I- .. purpos=. 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 : Haryana Act 24 21 1. Rcsmc~ion on 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. , . 221. Power lo . in~~eEt'~~aces ... fo; &A of'food or drinks etc. md lo seize unwholesome articles exposed f& salc. . 'I. .. 222. Inspection of places for illicit slaughter of animals: 223. Refusal to allow inspection. . . 224. Search for in flammable or explosive material in excess of authorized quanlit).. 225. Power of en~ry for purpose of spread,of iisc~e: , , - . . . .- , , I > 226. Authorisation of powers. I . .I - , 227. Precautions to be dbre;& in entering dw~!li&. . ,. , ' .. . . , . ,,. - '3 228. Reasonable time . for ,- ,compli~c~ ., to be $?+,; : . .,2#. 229. Authentication. service and validity of notick&, : , :* ' . ; ;r! 230. Service when owner Ad dctupki are'different,p&rsoiis. ':, .. , , .;. - ,-L , - ..- .:... . ! , :. , .,,; .' , 23 1. Mode of giving notice to owner or wcupier of property. .. ., . m . .. . , .J, 232. Publication of public notices. . ., 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 of committee. 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~ of commitree. -. 249. Action of Deputy Commissioner to be immediately . , rc ported. 250. Powcr of Sue Govcmemnr to give directions. 25 1. Exercise of commirtcc's, power 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~c Governemnt to frame forms and make rules. '[258 10 2631 1. OmittedbyHaryanaAct 120f1997. 42 MCWICIP~L 11973 : Haryana 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 of Tribunal 273 Appcal from orders of Tribunal. 274 Payment of costs. 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~e President of India 011 the 24th June, 1973 mrdfirst-published in Halyana Government Gazerre (Extraordinary) of J!cly 2.19 73.1 , 1. For Statement of Objccts and Reasons,,see ,Haryaria Governtt~eni Cazctte (Extraordinary), dated the 26th, March, 1973, page 525. Ycw I 1973 2. For Staterncnt of Objects and .Reasons, 'see Hntyana Government Gazetrc (Extraordinary), dad the 3 1 st Oc~ober, 1973, page 1992. : , .. 3. For Statement of Objects and Reasons;'see Haiyano Go\renl,,ietrr Gazette Exuaordinary). dated the 12th January, 1976. page 78. , - No 2 24 , . 4. For Statement of Objecls and Reasons. see ~atyari Govenln~errt Gazette - (E~aaordinary), datcd the 2nd July, 1976, page 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&a Governnzent Gazeite extraordinary), dated the 28th A&USI, 1978, page 1214. m . , , ,:.. ,I., .L . ,. , .. . . Shonritle 3 TheHaryana Municipal Act, ~973. . - 6. For Statement of Objects, and 'Reasons. see Haryona Gov&~mrnent Gazette (Extraordinary), dated 1he,26th December, 1978, page 1758. . . !. Whether repealed or other-wise affected by [egislalion 4 Arnendcd in pan by Haryann AcI 40 of J973? Amended by ~ir~ana Act 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 ~rnehed by~ar~ana Act 12 of 1979' Amended by Haryana Act 9 of 1980' 7. For Statemcnr of'0bjects and &sons, sib ~k~a~rn ~ovemm&t ~&ette ., (Extraordinary). dated Lhc 8th.March. 1979. page 428. 8. For Staternmi of Objects and Reasons, see Horyana Governw~erlf Guzrre (Exuaordinary). dated th'e I Irh March, 1980. page 479. . > 44 MUN~AL 12973 : Haryana Act 24 1. For Statement of Objccts and Reasons. see Horyarzn Covcn~ment Gazette I I (Extraordinary), dated thc 2 1st Septcmhr, 198 1, page 1408. , - . . 2.. For Statement of objects and Rcasons, see Haryaan Goverrrment Gozerrd Extraordinary), dated he 2Znd March, 1985. page 404. 3. For Statement of Objecu and'~easoris, sik ~orpnk' ~overnrrzent Gazerre (Extraordinary). dated Ihc 26th February; :1986. page 326. , . .. 4. For Statement of Objecls and.Reasons, see.Haryonu Governnre,rr ~izetle (Exlraordinary),, dated he 171 h pecember, 1987, ,, . . pag~-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, re=Haryono .. , ~o<~inten!, Gazette (Extraordinary). dated he 7th ~epternber. 1988, page. I - , - 7. For siatenknr .of Objects and R&&nn, ree-ll=jano ~oienime& ., d&erte Lmm,-,, ~@xtrao'rdin~)!da1ededhe'~19'lh Mach; 1?90>~a& 484." ' , , , , ,- , r ,!- .' 8. For Statement of Objec~s and dhronr. see ~nryatzn~ove~rnerlr Gazerre (Ei~aordinary), dated the 2.7rh February. 199F, pag~b82:' I-, . ,... . . - - , II . 9. For S~a~emen~ of dbje~k gnd-~ea~ons,'iee ~nwA6 '~ov&meht Gaze~f~ (Exuaordinary), dated he, 16th March. 1992. page 698. : , . . .. 10. For Stalenlent of Objects-and Rdsons, rei?Harynna, Government Gazeire , (Exrraordinary). dated 1h.e 18h December, 1992, page 2560.. ., . 1 1. For Statement of Objects and Reasons, sae'Haryana Golfemwent Gazette (Extraordinary). dated . . the 9th March. 1994, page 488. ,- 6 , . , - 12. For Stakrnent of Objccts and ~&ons. see ~ar~irl~ Govey~ne,lt Gazerre (Extraordinary), dawd the 10th ~e~~ember. 1994,' page 7004. Year 1 1973 No 2 24 Shoo ritle 3 The Haryana Municipal , Act, 1973. . . . . . . , .. . . . I . . Whethcr repaled or ohcr-wise affectcd by legislarion 4 Amended by Haryana ACL 17 of 198 1' mend& by Haryma Act 8 of 198'j2 .( .- ~mended . . by ~~&an~ Act ~~'of 1986;- Arriended by Haryana Ac13 of 19884 ~rnendkd by Haryana Act 29 of 19W Amended by Uaryana Act 15 of 1 98g6 . Amendcd by Haryana Act 9 of 1990' AmendeF by ~bana Acl 10 bf 1991' ~mchc!d by Haryana Act 14 of 19929 mended by Haryana Acl6 of 1993'" ~iendkd by Karyana Acl3 of 1 99411 &endid by Haryana Act 15 of 1994'' 1973 : Haryaoa Act 24 1 MI IK~C~PAL 45 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~rt Gazefrc (Exbaordinary); dated rhe -10th February, 1996, page 375. - . 3. For Slatemen1 of Objecls and Reasons, see fiaryana, Govemmenr Gazerre (Exkaordinary), dared the 151h November, 1996, page 2366. 4. For ~tatcmekt df Objetls hnd ~easkns, see Hcrrya~ra 'Govtrnmenr Gazerre (Exuaqrdinary), dated ~he?th March. 1997. page 514. 5. For Statement of Objecls and Reasons. see' Horyarla Government Gace~te (Extraordinary), dated 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 ~eis~~, ,see .~a&o Govemr,,e~lr Cozem (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. 10. For atede dent of Objecu and'~kasons,.'~te 'liajana"~avernmenr Gazerre (Extraordinary); dated the' 13-3-2001, page 474. .' . I I. For ~talement-6fb and Reason's, see ~oryu;la Governnrclrt Gazette - . (Extraordinq), dated the 4-3-2002, page 372. 1 ' 12. For Staternen1 of Objects and Reasons, see Harya,no . . Government Gazene (Exmordinary), dated the 29-8-2002, page 1769. 13. For Statement of Objects and Reasons, see llaryana Goverrrrnet~r Gazette (Extraordinary), dared the 28-10-2002. page 20G4. 14. For Sta~crnenl of Objecls and Reasons. see Haryona Govert~ntenr Gnrerte (Exbaordinary). dated he 28-3-2003, pagc 629. Short ~itle 3 , . Whether repealed or orher-wise affected by legislation 4 Amended by Haryana ACL 3 of 1995' Amended by Haryana Act 4 of 1996l Amended by Hwyana Acl 18 of 1996' Amended by Haryana ACL 13 of 1997' Amendcd by Haqana Act 18 of I 99SS ~rneiided by Haryana Act 17 of 199g6 Amended by Haryana Act 1 of 20007 Amended by Haryana Act 8 of 2W8 Amendod by Hayma Acl14 of ZOW9 Amendcd by Haryana Act 1 of 2001 lo Amended by Haryana Act 5 of 2002" ~RIYICIPAL I1973 : Aaryana Act 24 to Consolidate and amend the law relating to municipalities in the .! 1 State of Haryana. BE it enacted by the Legislature of thk State of Haryana in the Twenty-fourth Year of, the Republic of India, follows:- , . CHAPTER-I Short title, 1. (I) This Act may be called the ~Gana Municipal ~ct. 1973. extent and commencemnt. (2) h exlends to the whole of the State of Haryana. (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) "~nnualvalue" notwithstanding 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)'is fixed, at which it is expected to be let or it is actually let, whichever is greater : Provided that, in the- case 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- tirne'being assessed on the land, whether such assessment is leviable or not; or when the land, 1973 : Haryana 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 ; and (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~dings andlands ;, . (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" means-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:~dministrator" means &e Chief Adminisbator of the Board ;] . '. 2[(5BB) "Collector's rateM.means thew& of land assessed by the - Deputy, Co~ssio~er evgry 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~~ttee" or "rn~nic~~d cohittee" except 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 : Haryana Act 24 1 WCVAL 49 (7) "Compost manure" 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;] (94 "District" means 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) ."DungM for the purposes of 'section - 153 and 154 shall include nisht-soil, sewage, sullage, refuse; sludge, filth' or : mbbish or -. animal maller of any hnd;J - (1O)"Erect or 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 ~ar~ana Act 3 of 1994 and further subslituted by Haryana Act 5 of 2002. WMCP,U [I973 : Hayaria-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- street or land. A. (I l)"explosive" and "petroIeurnM have 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,, Huryana Urban Infrasrructural DeveIopment Fund constituted under section 203L ;] (12B) ' "Stare ~overnment" means the ~ovkrnment of the Stale , ,!, of Haryana ;] .. . -. (~3]"Infecrions disease" 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. - 'L - , 2. Inserted by Haryana Act 5 of 2002. 1973 : Haryana 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 I- any municipality; or in any local area which the State Government has, 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~" means 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 1 j 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[(1 7) "occupier" include&- - (a) any person wh~for: the 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--or is payable,;, . . , , ,,, .' , (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.the owner damages for the use and.occupation ofqany land or buitding;] 3[~~9) "d&,ilrlm-- , , . . .. , ' ' , . m,, (a) whenused . , wilh ,. reference to any building and land, includes- '- - . 1. . ,. , -. , , 1. Substiruled by Haryana Act 3 of 1994. -. ... . --. , ... 2. 0rniited by ~ar-ana A& 1 of 2000. . , - , .. 3. Substiluted by Haryana Act L of 2001. ' M~JHKWA~ I1973 : Havana 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 ; and (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" means-the population 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,before s&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,ofsection. . . 180, is declared .-, I by the committee to be, or under any other provision of 1 i this Act becomesia public street ; ' ! - . (22jW~les" means the rules madeunder this Act ; . . . 1. Inserted by Haryana Aci 3 of 1994. 1973 : Haryana 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~al of a 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 ~anchayat in respect of that village or villages, the ~badi ~eh:'of , ., which 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 '~dninistralion of the ~vauuee ~rbpert~ Aci,' 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 : Haryana 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 ; and , - 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" shall mean any-road, footway, 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 iiwi thstanding th? . it may ... 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-used by any person as a meens of access to br _. from .. any place or thoroughfare, whether such persons be occupiers of such buildings or not, but shd not include any , , part of such space which 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 priers thekin; or on either side, and the land, whe'ikr covered or not by any . . . . . payment;-verandah . . . or brher erection, up to the boundary of any aburting property nor accessible to the public ; .,, , ., - . , 1973 : Haryaoa 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)"VehicIeU indudes 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) "water seal 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) There Proccd~~re ror shall be constituted three classes of muiicipali ties in accordance with the dcclaring provisions of this' section as specified below :- municipality, (i) ll~unicipal Committee", for a rransi tional area' with population '[of not more than fifty thousand] '; jii) "hlurliciya'l Council 'I F"I ii snialle~ urban area with population4[of more than fifty thousand but less th4m three lacs] ; and (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,of iOO1. ' ., 4. Subsrilu~cd by Haryana Acr 1 1 of 2002. 56 MUNICPCL 11973 : Haryana Act 24 being provided or proposcd ~o be 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 in accordance with the provisions of this seclion after observing ihc I 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~on to do so, amend ihe Schedule, by notification and declare any-Municipal Committee 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~'such notification shall define the limits of the local ! area to which it reIates. (3) A copy of every notification under this sec~ion, with 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, declare '[the Iocal area, for the purposc of this 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 such exceptions and:adaplations as may be considered necessary, apply to the local area declared to be~municipality under this section, and such rules shall forthwith apply to such rnunic,ipality without further , . publication. (10) '' A Coin&rtee shall comk into exjstence at such time as the State Government may. by nbtificatiion, appoint in this behalf. [3A. The superintendence, direction and conh-01 of 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 "Wvided that 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 ~ornmmission such 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.] Notification of 4. (1) The st& Government may, by ndtification, and in such 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- nolificatj on. (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'Govemrnenr within 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~ions; if 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;1,, this Act, and, exctptas thk ~tatk'Gbiremmenl may, by norifieatibn, direkt otherwise, all notificitionk;'rulks; bj&kwi, order, I - dikciionf 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 intention to exclude lacal area from municipalty. ~Glusjon bf local area from municipality. 5. The State Govemment may, by notification', and in'such other manner as it may deem fit, declare its intenlion to ex
Excerpt shown. Open the full act in Lexace.
Lex