HARYANA MUNICIPAL ACT, 1973

HARYANA MUNICIPAL ACT, 1973

Preliminary Haryana Act No. 24 of 1973

Chapter.I Preliminary

S.1 Short title, extent and commencement

S.2 Definitions

Chapter.II Municipalities

S.2(a) Classification and Constitution of municipalities

S.3 Procedure for declaring municipality

S.3(a) State Election Commission

S.3(b) Delegation of functions of State Election Commission

S.4 Notification of intention to alter limits of municipality

S.5 Notification of intention to exclude local area from municipality

S.6 Exclusion of local area from municipality

S.7 Effect of exclusion of local area from municipality

S.7(a) Time limit for delimitation and reservation of wards

S.8 Power to abolish municipality

Chapter.III Municipalities

S.9 Composition of Municipalities

S.10 Reservation of seats

S.10(a) .

S.11 Term of office of president and members

S.12 Duration of municipality, etc

S.13 Resignation of president or member of Committee

S.13(a) Disqualifications for president and members

S.13(b) Restriction on simultaneous or double Membership

S.13(c) Marking false declaration

S.13(d) Application of certain sections of Central Act 43 of 1951

S.13(E) Account of election expenses and maximum thereof

S.13(f) Disqualification for failure to lodge account of election expenses

S.13(G) Removal or reduction of period of disqualification

S.13(H) Lodging of account with the Deputy Commissioner

S.13(I) Removal of an elected president and member having any disqualification at the time of election

S.13(J) Removal of an elected president and member who fails to lodge election expenditure statement

S.13(K) Review

S.14 Powers of State Government as to removal of president and members

S.14(a) Suspension of president and members

S.15 Filling of casual vacancies

S.16 Incorporation of municipality

S.17 Employees and members to be public servants

S.18 Election of vice-president

S.18(a) Time line for oath of allegiance and election of vice-president

S.19 .

S.20 Resignation of [***] Vice-President

S.21 Motion of no-confidence against [***] Vice-President

S.22 Removal of vice-president

S.22(A) Suspension of vice–president

S.24 Notification of elections and nominations

S.25 Time for holding meetings

S.26 Ordinary and special meetings

S.27 Quorum

S.28 Chairman of meeting

S.29 Vote of majority decisive

S.30 Record and publication of proceedings

S.31 Bye-laws

S.32 Delegation

S.33 Delegation of certain powers and functions of committees

S.34 Constitution and composition of Wards Committees etc.

S.35 Extraordinary powers of President or Vice-President in case of emergency

S.36 Joint committees

S.37 Vacancies and irregularities not to invalidate proceedings

S.38 Constitution of Municipal Service

S.39 Savings as to first appointments

S.40 Other employees

S.41 Special provision for reservation of posts for Scheduled Castes and Backward Classes, etc.

S.42 Power to demand punishment or dismissal

S.43 Power to prevent extravagance in establishments

S.44 Contribution of pension and leave allowances

S.45 Pension, etc., in case of service partly under the State Government and partly under committee

S.46 Notice before discharge

S.47 Application of Haryana Act 40 of 1974

S.48 Members not to be appointed as employees

S.49 Authority to contract

S.50 Mode of executing contracts and transfer of property

S.51 Penalty on member or employee being interested in any contract made with a committee

S.52 Suits against committee and its employees

S.53 Bar of jurisdiction of civil courts

S.54 Protection of action taken in good faith

S.55 Liability of members of committee

Chapter.IV Municipal Fund and Property

S.56 Constitution of municipal fund.

S.57 Application of fund

S.57(a) Constitution of Services to Poor Fund

S.57(b) Utilization of Services to Poor Fund

S.58 Payment of salary to President out of municipal fund

S.59 Custody of municipal fund

S.60 Power to deposit and invest surplus funds

S.61 Property vested in committee

S.62 Inventory and map of municipal property

S.63 Erection and maintenance of boundary marks of municipal area

S.64 Management of public institutions

S.65 Acquisition of land

S.66 Transfer to Government of property vesting in committee

S.66(a) Powers and functions of municipalities

S.67 Power to take over management of water-works, sewerage-works and roads, etc.

S.68 Saving of Act 9 of 1914

S.68(a) Finance Commission

Chapter.V Taxation

S.69 Taxes which committee shall impose

S.70 Taxes that may be imposed

S.71 Savings.

S.72 Procedure regarding taxes which committee shall impose

S.72(a) Overriding effect

S.73 Collection and payment of tax on consumption of electricity

S.74 Procedure to impose taxes

S.75 Power of Government in respect of taxation.

S.75(a) Self assessment of tax

S.75(b) Deposit of property tax

S.75(c) Penalties.

S.76 Property list

S.77 .

S.78 .

S.79 .

S.80 Amendment of property list

S.81 New property list.

S.81(a) Incidents of tax on lands and buildings

S.81(b) Apportionment of liability of taxes on building or land when premises assessed are let or sub-let.#2;-

S.82 Tax not invalid for defect of form

S.83 Power of committee in regard to taxes

S.84 Powers of State Government in regard to taxes.

S.85 .

S.86 Duty of furnishing true information regarding liability to municipal taxation

S.87 Notice to be given to committee of all transfers of title of persons primarily liable to payment of property tax

S.88 Power of entry for the purposes of valuation or taxation

S.89 .

S.90 .

S.91 .

S.92 Extension of taxation limits by agreement

S.93 Taxes when payable

S.94 Recovery of taxes payable by owner

S.95 Recovery of taxes, etc.

S.96 Seizure and sale of vehicle and animal

S.97 Recovery of toll

S.98 Mode of recovery of dues under this Act

S.99 Appeals against taxation

S.100 Limitation of appeal

S.100(a) Revision

S.101 Taxation not to be questioned except under this Act

S.101(a) .

Chapter.VI Police

S.102 Police force

S.103 Power and duties of police in respect of offences against Act and Rules, and assistance to municipal authorities

S.104 Police protection at fairs, etc.

Chapter.VII Extinction and Prevention of Fire

S.105 Establishment and maintenance of fire-brigade

S.106 Power of fire-brigade and other persons for suppression of fire

S.107 Limitation on operation of this Chapter

Chapter.VIII Water Supply

S.108 Provision of water

S.109 Supply of water to connected premises.

S.110 Supply of water for other than domestic purposes

S.111 Making connections with municipal water works

S.112 Obligation of owner or occupier to give notice of waste of water

S.113 Cutting off of supply to premises.

S.114 Power of committee in respect of communications, etc.

Chapter.IX Powers for Sanitary and other Purposes Bathing and Washing Places

S.115 Bathing and washing places

S.116 Powers in respect of burial and burning places.

S.117 Disposal of mad and stray dogs and other animals

S.118 Suffering dogs not to be at large

S.119 Power to require buildings, wells, tanks, etc. to be secured

S.120 Building, etc., in dangerous state

S.121 Cleaning of filthy building or land

S.122 Paving or draining of cattle stands

S.123 Power to prohibit use for human habitation of buildings unfit for such use

S.124 Power to require owner to clear away noxious vegetation

S.125 Power to require hedges and trees to be trimmed

S.126 Power to require untenanted buildings becoming a nuisance to be secured or enclosed

S.127 Prohibition of cultivation, use of manure or irrigation injurious to health

S.128 Regulation of offensive and dangerous trade

S.129 Consent of committee to establish new factories or workshop

S.130 Prohibition of cinematographs and dramatic performances except in licensed premises

S.131 Power to prohibit trades

S.132 Provisions of drains, privies, etc. -

S.133 Repair and closing of drains, privies, etc.

S.134 Removal of latrines, etc., near any source of water supply

S.135 Discharging sewerage

S.136 Making or altering drains without authority.

S.137 Power to require removal of nuisance arising from tanks and the like.

S.138 Power of committee to lay or carry wires, pipes, drains or sewers through private land, subject to payment of compensation for damage sustained, provided that no nuisance is created.

S.138(a) Use of municipal, government or private land for the purpose of collection and disposal of solid waste

S.139 Provisions as to wires, pipes, drains or sewers laid or carried above surface of ground

S.140 Previous notice to be given

S.141 Connection with main not to be made without permission of committee

S.142 Connection of sewerage

S.143 Troughs and pipes for rain water

S.144 Information to be given of cholera, small-pox, etc

S.145 Removal to hospital of patients suffering from infectious diseases

S.146 Disinfection of buildings and articles

S.147 Penalty for letting infected house

S.148 The committee may, and when the State Government so directs, shall -

S.149 Acts done by persons suffering from certain disorders.

S.150 Keeping of animals so as to be injurious to health

S.151 Prohibition by committee of use of unwholesome water

S.152 Removal and deposit of offensive matters

S.153 Preparation of compost manure.

S.154 Power to acquire, etc. -

S.155 Right of appeal and revision

S.156 Jurisdiction of Civil Courts barred.

S.157 Failure to remove offensive matter

S.158 Depositing or throwing of earth or material of any description on roads or into drains

S.159 Spitting in places other than drains or receptacles provided

S.160 Nuisance by children and others

S.161 Definition of house-scavenging

S.162 Undertaking by committee of house-scavenging generally

S.163 Abolition of customary rights

S.164 Scavenging, etc.

S.165 Continuance of house-scavenging once undertaken by committee

S.166 Obligation of committee to perform house-scavenging properly

S.167 Power of municipal employees for house-scavenging purpose

S.168 Vesting in committee of collections from house-scavenging

S.169 Establishment of creches

S.170 Places for slaughter of animals for sale

S.171 Disposal of dead animals

S.172 Powers in connection with streets

S.173 Power to require protection of streets during cutting down of trees, erection or demolition of buildings, etc. -

S.174 Notice to be given and sanction obtained before making a street

S.175 Order of committee on notice being given under Section 174

S.176 Sanction of committee with regard to new street

S.177 Duration of sanction

S.178 Penalty

S.179 Notice to owner of land under street

S.180 Power to require repairs of streets and to declare such streets public

S.181 Punishment for immovable encroachment or overhanging structure over street

S.182 Power to permit occupation of public street and to remove obstruction

S.183 Power of Deputy Commissioner

S.184 Power to regulate line

S.185 Special provisions regarding street belonging to Government

S.186 Removal or alteration of any balcony, projection or structure, etc. on payment of compensation

S.187 Power to attach brackets for lamps

S.188 Construction of stalls

S.189 Destroying direction-posts, lamp posts, etc.

S.190 Bill-sticking without permission

S.191 Names or numbers of streets, buildings, etc

S.192 Inflammable materials

S.193 Roofs and external walls not to be inflammable materials

S.194 Picketing animals and collecting carts

S.195 Driving vehicles without proper lights

S.196 Beating drums etc.

S.197 Discharging fire-arms, etc.

S.198 Quarrying, blasting, cutting timber or building

S.199 Powers to levy fee at fair. -

Chapter.X Bye-Laws

S.200 General Bye-laws

S.201 Prohibition of building without sanction

S.202 Power of State Government to make bye-laws as to erection or re- erection of buildings

S.203 Building scheme

S.203(a) Regularisation of certain Buildings

S.203(b) Constitution of District Planning Committee

S.203(c) Declaration of controlled area

S.203(d) Prohibition on use of the land and building in controlled area

S.203(e) Application of permission or licence and the grant or refusal thereof

S.203(f) Appeal

S.203(g) Powers and functions of Director.

S.203(h) Issue of no objection certificate for sanction/release of electricity, water and sewerage connection in buildings

S.203(i) Establishment and constitution of Board

S.203(j) Meetings of Board

S.203(k) Staff of Board

S.203(l) Constitution of Fund

S.203(m) Utilization of Fund

S.203(n) Audit of Account of Fund

S.204 Punishment for erection or re-erection of a building on sanction of a building scheme under Section 203

S.205 Powers of committee to sanction or refuse erection or re-erection of buildings

S.206 Power of committee to direct modification of a sanctioned plan of building before its completion

S.207 Lapse of sanction after one year from the date of such sanction

S.208 Order of demolition and stoppage of building and works in certain cases

S.208(a) Power to seal premises

S.209 Appeal against the order of demolition

S.210 Compensation

S.211 Restriction on transfer of land included in development scheme

S.212 Power of committee to regulate the manufacture, preparation and sale of food and drink

S.213 Prohibition of possession or sale of wild animals

S.214 Penalty for infringement of bye-laws

S.215 Power of committee to make by-laws

S.216 Procedure for making laws.

S.217 Bye-laws to be available for purchase and inspection

Chapter.XI Procedure

S.218 Inspection of drains, privies and cesspools

S.219 Inspection of buildings, etc

S.220 Other powers of entry on buildings or lands

S.221 Power to inspect places for sale of food or drinks etc. and to seize unwholesome articles exposed for sale

S.222 Inspection of places for illicit slaughter of animals

S.223 Refusal to allow inspection

S.224 Search for inflammable or explosive material in excess of authorized quantity

S.225 Power of entry for purpose of preventing spread of disease

S.226 Authorisation of powers

S.227 Precautions to be observed in entering dwellings

S.228 Reasonable time for compliance to be fixed

S.229 Authentication, service and validity of notices

S.230 Service when owner and occupier are different persons

S.231 Mode of giving notice to owner or occupier of property

S.232 Publication of public notices

S.233 Penalty for disobedience of orders of committees

S.234 Compensation for damage

S.235 Power of committee in the event of non-compliance

S.236 Penalty for obstruction

S.237 Recovery of costs of execution

S.238 Relief to agents and trustees

S.239 Payment of compensation

S.240 Appeals from orders of committee

S.241 Prosecution to be suspended in certain cases

S.242 Appeals from certain orders

S.243 Authority for prosecution

S.244 Power to compound offences

Chapter.XII Control

S.245 Control by Deputy Commissioner

S.246 Powers to suspend any resolution or order of committee

S.247 Extraordinary power of Deputy Commissioner in cases of emergency

S.248 Powers to provide for performance of duties in case of default of committee

S.249 Action of Deputy Commissioner to be immediately reported

S.250 Power of State Government to give directions

S.251 Exercise of committee's power pending establishment of committee

S.252 Power of State Government and its officers over committee

S.253 General powers of State Government over officers

S.254 Power of State Government to dissolve committee in case of incompetence, persistent default or abuse of powers

S.255 Taking over of certain branches or departments of the committee

S.256 Disputes

S.257 Power of State Government to frame norms and make rules

Chapter.XIII [Omitted vide Haryana Act No. 12 of 1979.]

S.258 .

S.259 .

S.260 .

S.261 .

S.262 .

S.263 .

Chapter.XIV Municipal Election Inquiries

S.264 Definitions

S.265 Appointment of Tribunal by State Government

S.266 Powers of Tribunal

S.267 Application of Indian Evidence Act, 1872

S.268 Admissibility of documents not duly stamped or registered

S.269 Witness not excused from answering on ground that answer will incriminate

S.270 Appearance, application or act before Tribunal

S.271 Expenses incurred in attending to give evidence to be part of costs

S.272 Decision of Tribunal

S.273 Appeal from orders of Tribunal

S.274 Payment of costs

S.275 Secrecy of voting

S.275(a) Electoral Offences

S.275(b) Bar to interference by Courts in electoral matters

S.276 Power to make rules

Chapter.XV Miscellaneous

S.277 Term of existing committee

S.277(a) Entrusting of functions, duties and responsibilities of committee to the P.W.D. (Public Health).

S.278 Power to remove difficulties

S.279 Repeal and savings.

S.280 Transitional provisions

Sch. .

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