Tuesday, August 8, 2017

Haryana Panchayati Raj (Amendment) Rules notified

The Haryana Government has notified the draft rules called the Haryana Panchayati Raj (Amendment) Rules, 2017 to amend the Haryana Panchayati Raj Rules, 1995.
           While stating this here today, a spokesman of Development and Panchayats Department said that the draft rules would be taken into consideration by the government on or after the expiry of a period of seven days from the date of publication of this notification in the official gazette, together with objections and suggestions, if any, which may be received by the Additional Chief Secretary, Development and Panchayats  Department from any person in respect to the draft of rules before the expiry of the period so specified. 
           He said that in case a street or drain is required to be dug, altered or damaged by the inhabitants of the concerned village for the purpose of having connection from the already laid down pipeline within the abadi area, the permission would not be granted by the Gram Panchayat unless the person seeking permission has deposited the restoration charges as per the estimated prepared by the Sub-Divisional-Officer (Panchayati Raj) through bank transfer or demand draft, to the account of the concerned gram panchayat. He said that the Gram Panchayat would ensure that the pavement, street or drain is restored to its original condition, as soon as possible, but not later than a period of 30 days from the date of completion of the work by the applicant. 
           The spokesman said that in case the street, passage, drain or pavement owned by the Gram Panchayat is required to be dug, altered, damaged or utilized by any person for the purpose of laying down utility infrastructure, the applicant would submit an application to the Gram Panchayat in this behalf and, thereafter, the Gram Panchayat may considered after passing a resolution, forward the proposal to the concerned Sub Divisional Officer SDO (Civil) through the concerned Block Development and Panchayat Officer.
          He said that a committee headed by the concerned SDO (Civil) and comprising of the District Town Planner or his representative not below the rank of Assistant Town Planner, concerned Block Development and Panchayat Officer (BDPO), Sub Divisional Officer (Panchayati Raj) would consider such applications and make its recommendation to the Deputy Commissioner,within 30 days of the application. The Deputy Commissioner would examine and forward the report of the Committee with or without modification in the proposal for approval to the Director, Panchayats. The Director, Panchayat may is of the opinion that granting of permission in not in public interest, may refuse the grant of permission. 
          He said that the Director, Panchayat may, either suo motu or on application made to him by a Panchayat or an inhabitant of the village or the BDPO examine the record for the purpose of satisfying himself as to the legality or propriety of any approval. If such approval is found detrimental to the interest of the villagers and is not longer required in public interest, the competent authority may, after making such enquiry as it may deem fit, cancel the same. The Panchayat would be competent to remove the infrastructure and the constructions thereon, if any for which no compensation would be payable, he added. 
     The spokesman said that after the approval of Director, the applicant would deposit besides the on time upfront land use charges at the rate of an amount equal to five per cent of the collector rate of the land used for laying the utility infrastructure, annual charges at the rate of an amount equal to 0.5 per cent of the collector rate of the land used for the purpose, which would be worked out on per square meter basis. The user charges would be payable  by the applicant in advance in the account of the concerned Gram Panchayat through Bank Instruments that is Demand Draft or Real Time Gross Settlement. In addition, the applicant would have to deposit the restoration charges with the gram panchayat by way of Demand Draft or Real Time Gross Settlement or National Electronic Fund Transfer as per the estimates prepared by the concerned Sub Divisional Officer (Panchayati Raj). 
     He said that applicant would have to lay the utility infrastructure at least one meter below the surface of the ground with provision for sufficient number of man-holes, as advised or approved by the SDO, Panchayati Raj. The applicant would also provide adequate buffer at the top of the utility pipeline or cable to save the same from any possible damage on account of surface loads. Also, the applicant would have to undertake a defect liability and if any damage is caused to the surface during this period, the applicant would be liable to rectify the defects at his cost. In case the passage become unusable during the course of execution of works, the applicant would be responsible to provide an alternate passage during such period so as to ensure that no inconvenience is caused to the public, he added.


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