Tuesday, August 6, 2019

Haryana Vidhan Sabha passes Haryana Municipal (Second Amendment) Bill, 2019

Haryana Vidhan Sabha passes Haryana Municipal (Second Amendment) Bill, 2019 
CHANDIGARH, AUG 6 
Haryana Vidhan Sabha today passed the Haryana Municipal (Second Amendment) Bill, 2019 further to amend the Haryana Municipal Act, 1973. The Government has already implemented to conduct the election of Mayors of Municipal Corporations in the state directly by the eligible voters by making the necessary provision in the Haryana Municipal Corporation Act, 1994 vide notification dated October 3, 2018 on the recommendations of the State Election Commission. Accordingly, successful elections of Mayors in Municipal Corporation, Yamunanagar, Karnal, Panipat, Rohtak and Hisar have already held. The election of Presidents of Municipal Councils/Committees is still holding indirectly by the elected members of the concerned Municipal Councils/Committees. Therefore, it has been decided to hold the elections of Presidents of Municipal Councils and Committees, on the pattern of election of Mayors of Municipal Corporations, directly by the eligible voters under the supervision and control of State Election Commission.
          Also, provision has been made in the proviso of Section 9(3)(iii) of the Haryana Municipal Act, 1973 that Members of House of the People and the Legislative Assembly of State would not have right to vote in the meetings of election and No-Confidence Motion of the Vice-President. Apart from this, a provision has been made in Section 25 of the Haryana Municipal Act, 1973 to hold atleast one meeting in every six months of duration of not less than three days, in addition to the existing provisions of meetings mentioned in Section 25 of the Haryana Municipal Act, 1973.
The Haryana Municipal Corporation (Second Amendment) Bill further to amend the Haryana Municipal Corporation Act, 1994.
        As provided in the proviso of Section 4(4) of the Haryana Municipal Corporation Act, 1994, the first election to the Corporation is to be held within a period of four years of its constitution. The Municipal Corporation, Sonepat was constituted vide Government notification dated July 6, 2015 and its four years tenure of constitution has been completed on July 5, 2019. The election of newly constituted Municipal Corporation, Sonepat could not be held during the period of four years of its constitution. In order to avoid legal complications in this matter, amendment in the proviso to Section 4(4) of the Haryana Municipal Corporation Act, 1994 has been made to substitute term “four years” into “five years” to conduct the elections of newly constituted Corporations within five years from the date of their constitution, due to the practical difficulties involved.
          To provide for a dedicated forum for meaningful debates in the interest of the concerned municipalities, a provision has been made in Section 52 of the Haryana Municipal Corporation Act, 1994 to hold atleast one session of Corporation in every six months of atleast three days consisting of atleast eight hours each day, in addition to the existing provisions mentioned in Section 52 of the Haryana Municipal Corporation Act, 1994. Apart from this, to provide for a dedicated forum for meaningful debates in the interest of the concerned Corporation, a provision has been made in the Section 52 of the Act to ensure atleast one meeting of every Corporation in every six months of a duration of not less than three days, in addition to the existing provisions of meetings mentioned in Section 52 of the Act.
 Meanwhile, the Haryana Development and Regulation of Urban Areas (Amendment) Bill was passed to further amend the Haryana Development and Regulation of Urban Areas Act, 1975.
        The abbreviation for both the Infrastructure Development Charges and Internal Development Cost is IDC. Therefore, for the sake of clarity, the nomenclature of Infrastructure Development Charges has been changed to State Infrastructure Development Charges. A provisio to sub-section (1) of Section (3) has been inserted for introducing flexibility in the schedule of payment of fee and charges. Apart from this, Section 8B has been inserted for surrender of license granted under the Act.
 ELECTRICITY ACT 1941: The Vidhan Sabha today passed the Vidhan Sabha also passed the Punjab Electricity (Emergency Powers) Haryana Repeal Bill to repeal the Punjab Electricity (Emergency Powers) Act, 1941, in its application to the State.
          After enactment of the Electricity Act, 2003 (Act 36 of 2003) supply of electricity is performed by State-owned Distribution Companies and the Punjab Electricity (Emergency Powers) Act, 1941 has lost its significance in the present scenario.
 MOTOR VEHICLES BILL:  The Vidhan Sabha passed the Motor Vehicles (Haryana Amendment) Bill, 2019 further to amend the Motor Vehicles Act, 1988 in its application to the state.
          As per the amendment, the State Government has been given the powers to make rules for grant of exemption to all or any portion of the fee leviable under Chapter IV of the Motor Vehicle Act, 1988 including the additional fee to be charges for delay after expiry of the certificate of fitness in retrospective or prospective manner.
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