HARYANA MUNICIPAL CORPORATION ACT, 1994

HARYANA MUNICIPAL CORPORATION ACT, 1994

Preliminary Haryana Act No. 16 of 1994

Part.I .

Chapter.I Preliminary

S.1 Short title, extent and commencement.

S.2 Definitions

S.3 Declaration of Municipal area as Corporation

S.3(a) Power to abolish Corporation

Chapter.II Constitution of Corporation

S.4 Incorporation and constitution of Corporation

S.5 Duration of Corporation

S.6 Fixation of seats of Corporation

S.6(a) Bar to interference by Courts

S.6(b) Time limit for delimitation and reservation of wards

S.7 Qualifications for Mayor and members

S.8 Disqualifications of Mayor and members

S.8(a) Restriction on simultaneous or double membership

S.8(b) Disqualification for failure to keep account of election expenses and maximum thereof

S.8(c) Making false declaration

S.8(d) Application of certain sections of Central Act 43 of 1951 to Haryana Act 16 of 1994

S.8(e) Disqualification for failure to lodge account of election expenses

S.8(f) Removal or reduction of period of disqualification

S.8(g) Lodging of account with the Deputy Commissioner

S.9 Election to the Corporation

S.10 Constitution and composition of Wards Committees etc

S.11 Reservation of seats

S.12 Right to vote

S.13 Filling of casual vacancies

S.14 Publication of results of elections

S.15 Election petitions

S.16 Relief that may be claimed by the petitioner

S.17 Grounds for declaring election to be void

S.18 Procedure to be followed by the prescribed Authority

S.19 Decision of prescribed authority

S.20 Procedure in case of equality of votes

S.21 Finality of decision

S.22 Corrupt practices

S.23 Maintenance of secrecy of voting

S.23(a) Voting machines at elections

S.24 Officers etc. at elections not to act for candidates or to influence voting

S.25 Prohibition of canvassing in or near polling station and of public meeting on election day

S.26 Penalty for disorderly conduct in or near polling station

S.27 Penalty for misconduct at the polling station.

S.28 Breaches of official duty in connection with election

S.28(a) Breach of official duty in connection with preparation of electoral roll

S.29 Removal of ballot papers from polling station to be an offence

S.30 Offence of booth capturing

S.31 Other offence and penalties

S.32 Power to make rules regulating the election of Mayor and members

S.33 Oath of affirmation by Mayor or member

S.34 Removal of and resignation by Mayor or member

S.34(a) Suspension of Mayor or member

S.34(b) Removal of Mayor or member having any disqualification at time of election

S.34(c) Removal of an elected Mayor or member who fails to lodge election expenditure statement

S.34(d) Review

S.35 Payment of allowances to members

S.36 Election of Senior Deputy Mayor, Deputy Mayor and their term of office

S.36(a) Facilities and powers of Mayor

S.37 Removal of [], Senior Deputy [] and Deputy [***].

S.37(a) Suspension of [], Senior Deputy []and Deputy [***].

S.38 .

S.39 Resignation of [] and Deputy [].

S.40 Ad hoc Committees

Chapter.III Functions of the Corporation

S.41 General powers of Corporation

S.42 Functions of Corporation to be entrusted by the Government

S.43 Obligatory functions of Corporation

S.44 Discretionary functions of the Corporation

Chapter.IV Municipal Authorities under the Corporation

S.45 Appointment of Commissioner

S.46 Salary and allowances of Commissioner

S.47 Leave etc. of Commissioner

S.48 Contribution by Corporation

S.49 Functions of the Commissioner

S.50 Power of Corporation to require Commissioner to produce documents and furnish returns, reports etc.

S.51 Exercise of powers to be subject to sanction.

Chapter.V Procedure Transaction of Business by the Corporation

S.52 Meetings

S.53 First meeting of Corporation after general elections for election of Mayor

S.54 Notice of meetings and business

S.55 Quorum

S.56 Presiding Officer

S.57 Method of deciding question

S.58 Maintenance of order at and admission of public to meetings, withdrawal and suspension of members

S.59 Member not to vote on matter in which he is interested.

S.60 Right to attend meetings of Corporation and its committees, etc. and right of members to ask questions in relation to the administration of Municipal area

S.61 Powers to make regulations

S.62 Presiding Officer at meetings of ad hoc committees

S.63 Keeping of minutes and proceedings

S.64 Circulation of minutes and inspection of minutes and reports of proceedings

S.65 Forwarding minutes and reports of proceedings to the Government

S.66 Validation of proceedings etc.

Chapter.VI Corporation Officers and other Corporation Employees

S.67 Posts in Corporation and appointments thereto

S.68 Officers and other employees not to undertake any extraneous work

S.69 Officers and other employees not to be interested in any contract etc. with Corporation

S.70 Punishment of Corporation Officers and other employees

S.71 Power of Corporation to make regulations

Chapter.VII Revenue and Expenditure

S.72 Constitution of Corporation Fund

S.72(a) Constitution of Services to Poor Fund

S.73 Corporation Fund to be kept in treasury or in a nationalised bank

S.74 Operation of account with banks

S.75 Payment not to be made unless covered by a Budget grant

S.76 Duty of persons signing cheques

S.77 Procedure when money not covered by a budget grant is expended

S.78 Application of Corporation Fund

S.78(a) Utilization of Services to Poor Fund.

S.79 Payments from Corporation Fund for works urgently required for public service

S.80 Investment of surplus money

S.81 Constitution of special funds

S.82 Finance Commission

S.83 Budget estimates

S.84 Power of Corporation to alter Budget estimates

S.85 Power of Corporation to readjust income and expenditure during the year

S.86 Provisions as to unexpended budget grant

Chapter.VIII Taxes and Fees

S.87 Taxes etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government

S.87(a) Self assessment of tax

S.87(b) Deposit of property tax

S.87(c) Penalties

S.88 Fees that may be charged by the Corporation

S.89 Components and rates of taxes of lands and buildings.

S.90 Premises in respect of which water tax or charges and Fire tax are to be levied

S.91 .

S.92 Taxation of union properties

S.93 Incidence of tax on lands and buildings

S.94 Apportionment of liability of taxes on land and building when premises assessed are let or sub-let

S.95 Recovery of taxes on lands and buildings from occupiers

S.96 Taxes on lands, buildings a first charge on premises on which they are assessed

S.97 Property list.

S.98 Evidentiary value of assessment list

S.99 Amendment of assessment list

S.100 New property list

S.101 Notice of transfers

S.102 Notice of erection of building, etc

S.103 Notice of demolition or removal of building

S.104 Power of Commissioner to call for information

S.105 Premises owned by or let to, two or more persons in severalty to be ordinarily assessed as one property

S.106 Assessment in case of amalgamation of premises

S.107 Power of Commissioner to assess separately out-houses and portion of buildings

S.108 Power of Commissioner to employ valuers

S.109 Levy of octroi or tax levied in lieu of octroi

S.110 Power to examine articles liable to octroi

S.111 Power to search where octroi leviable

S.112 Penalty for evasion of octroi

S.113 Recovery toll or taxes

S.114 Tax on vehicles and animals

S.115 Tax on whom leviable

S.116 Exemption from taxes on vehicle and animals

S.117 Levy of development tax

S.118 Amount of development tax

S.119 Payment of development tax

S.120 Assessment of development tax

S.121 Fee on advertisements

S.122 Prohibition of advertisement without written permission of Commissioner

S.123 Permission of Commissioner to become void in certain cases

S.124 Presumption in case of contravention

S.125 Power of Commissioner in case of contravention

S.126 Fee on building applications

S.127 Time and manner of payment of taxes or fees

S.128 Presentation of bill of tax or fee. -

S.129 Consequences of failure to pay tax or fee within thirty days

S.130 Manner of recovering tax or fee

S.131 Power of seizure of vehicles and animals in case of non-payment of tax thereon

S.132 Demolition, etc. of building

S.133 .

S.134 .

S.135 .

S.136 .

S.137 .

S.138 Appeal against assessment etc

S.139 Conditions of right to appeal

S.140 Finality of appellate orders

S.141 Taxation not to be questioned except under this Act

S.142 Power to inspect for purposes of determining the [property tax] or tax or fee

S.143 Composition

S.144 Irrecoverable debts

S.145 Obligation to disclose liability

S.146 Amendment of property list

S.147 Immaterial error not to effect liability

S.148 Power of exemption

S.149 Power of Government in regard to taxes

Chapter.IX Borrowing

S.150 Power of Corporation to borrow

S.151 Time for repayment of money borrowed under section 150

S.152 Form and affects of debentures

S.153 Payment to survivors of joint payees

S.154 Receipt by joint olders for the interest or dividend

S.155 Maintenance and investment of sinking funds

S.156 Application to sinking fund

S.157 Annual statement by Commissioner

S.158 Priority of payment for interest and repayment of loans over other payments

S.159 Attachment of Corporation fund for recovery of money borrowed from Government

S.160 Power to make regulations

S.161 Property vested in Corporation and management of public institutions

Chapter.X Properties and Contracts

S.162 Request for acquisition of land by the Corporation

S.163 Acquisition of immovable property by the Government

S.164 Disposal of Property

S.165 Contracts by Corporation

S.166 Procedure for making contracts

S.167 Mode of executing contracts

Chapter.XI Accounts and Audit

S.168 Maintenance of accounts and scrutiny thereof by Examiner, Local Fund Accounts, Haryana and by Corporation

S.169 Report by Examiner, Local Fund Accounts, Haryana

S.170 Action by Commissioner on the report

S.171 Procedure to be followed by Examiner, Local Fund Accounts, Haryana

S.172 Power of Examiner, Local Fund Accounts, Haryana to make queries etc. and call for returns etc.

Chapter.XII Water Supply, Drainage and Sewage Disposal

S.173 Definitions.

S.174 Power to require Corporation to carry out surveys and formulate proposals

S.175 Power to construct additional works

S.176 Function in relation to water supply

S.177 Supply of water to connected premises

S.178 Power to supply water for non-domestic purposes

S.179 Making connections with municipal water works

S.180 Obligation of owner or occupier to give notice of waste of water

S.181 Cutting of supply to premises

S.182 New premises not to be occupied without arrangement for water supply

S.183 Public gratuitous water supply

S.184 Power to lay mains.

S.185 Power to lay service pipes, etc.

S.186 Provision of fire hydrants

S.187 Power of Corporation to require owners of premises to set up pumps etc.

S.188 Power to enter premises to detect waste or misuse of water. -

S.189 Power to test water fittings

S.190 Power to close or restrict use of water from polluted source of supply

S.191 Water pipes etc. not to be a placed where water will be polluted

S.192 Joint and several liability of owners and occupiers for offence in relation to water supply

S.193 Public drains etc. to vest in Corporation

S.194 Control of drain and sewage disposal works

S.195 Certain matters not to be passed into municipal drains

S.196 Application by owners and occupiers to drain into municipal drain

S.197 Drainage of undrained premises

S.198 New premises not to be erected without drainage

S.199 Power to drain group or block of premises by combined operations

S.200 Power of Commissioner to close or limit the use of private drain in certain cases

S.201 Use of drain by a person other than owner

S.202 Sewage and rain water drains to be distinct

S.203 Powers of Commissioner to require owner to carry out certain works for satisfactory drainage.

S.204 Appointment of places for the emptying of drain and disposal of sewage

S.205 Connection with water works and drains not to be made without permission

S.206 Buildings, railways and private street not to be erected or constructed over drains or water works without permission

S.207 Rights of user of property for aquaducts, lines etc.

S.208 Power of owner of premises to place pipes and drains through land belonging to other persons.

S.209 Railway administration be informed in certain cases

S.210 Power of Commissioner to execute work after giving notice to the person liable to do so

S.211 Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool

S.212 Power of Commissioner to examine and test drain etc. believed to be defective

S.213 Employment of Government agencies for repairs, etc.

S.214 Work to be done by licensed plumber

S.215 Prohibition of certain acts

Chapter.XIII Streets

S.216 Vesting of public streets in Corporation

S.217 Functions of Commissioner in respect of public streets

S.218 Disposal of land forming site of public streets permanently closed

S.219 Power to make new public streets

S.220 Minimum width of new public streets

S.221 Power to prohibit use of public streets for certain kinds of traffic

S.222 Power to acquire land and buildings for public streets and for public parking places

S.223 Defining regular lines of streets

S.224 Setting back building to regular line of street

S.225 Compulsory setting back of building to regular line of streets

S.226 Acquisition of open land and land occupied by platforms etc. within the regular line of streets.

S.227 Acquisition of remaining Part of building and land after their portions within regular line of street have been acquired

S.228 Setting forward of buildings to regular line of street

S.229 Payment of compensation

S.230 Owner's obligation when dealing with land or building sites

S.231 Layout plans

S.232 Alteration or demolition of street made in breach of section 231

S.233 Power of Commissioner to order work to be carried out or to carry it out himself in default

S.234 Declaration of public streets

S.235 Prohibition of projection upon streets, etc. -

S.236 Projections over streets may be permitted in certain cases

S.237 Ground floor doors, etc. not to open outwards on streets

S.238 Prohibition of structures, fixtures or deposit of things in street

S.239 Special provision regarding streets belonging to Government

S.240 Power to remove anything deposited or exposed for sale in contravention of this Act

S.241 Prohibition of tethering of animals and milking of cattle

S.242 Precautions during repair of streets etc.

S.243 Streets not to be opened or broken up and building materials not be deposited therein without permission

S.244 Disposal of things removed under this Chapter

S.245 Naming and numbering of streets

S.246 Commissioner to take steps for repairing or enclosing places

S.247 Prohibition of removal, etc. of lamps

Chapter.XIV Building Regulations

S.249 Definitions

S.250 Prohibition of erection of building without sanction

S.251 Erection of building

S.252 Application for addition to, or repairs of building

S.253 Conditions of valid notice

S.254 Sanction or refusal of building or works

S.255 When building or work may be proceeded with

S.256 Sanction accorded under mis-representation

S.257 Buildings at corners of streets

S.258 Provisions as to buildings and works on new side

S.259 Period of completion of building or work

S.260 Prohibition against use of inflammable materials for buildings etc. without permission

S.261 Order of demolition and stoppage of building and works in certain cases and appeal

S.262 Order of stoppage of building or works in certain cases

S.263 Power of Commissioner to require alteration of work

S.263(a) Power to seal premises

S.264 Completion Certificate

S.265 Restrictions on use of buildings and removal of dangerous buildings

S.266 Power to order building to be vacated in certain circumstances

S.267 Building Scheme

S.267(a) Regularization of certain buildings

Chapter.XV Sanitation and Public Health

S.268 Provision for daily cleansing of streets and removal of rubbish and filth

S.269 Rubbish etc. to be property of Corporation

S.270 Provision for placement of receptacles, depots and places for rubbish etc.

S.270(a) Use of Municipal Corporation, Government or private land for the purpose of collection and disposal of solid waste.

S.271 Duty of owners and occupiers to collect and deposit rubbish etc.

S.272 Removal of rubbish etc. accumulated on premises used as factories, workshop, etc.

S.273 Prohibition against accumulation of rubbish etc.

S.274 Commissioner's power to get premises scavenged and cleansed

S.275 Public latrines, urinals, etc. -

S.276 Constructions of latrines and urinals

S.277 Latrines and urinals etc. in new buildings

S.278 Latrines and urinals for labourers etc.

S.279 Provision of latrines and urinals for markets etc.

S.280 Other provisions as to private latrines

S.281 Removal of congested buildings

S.282 Power of Commissioner require improvement of building unfit for human habitation

S.283 Enforcement of notice requiring execution of works of improvement

S.284 Power of Commissioner to order demolition of buildings unfit for human habitation.

S.285 Insanitary huts and sheds

S.286 Prohibition against washing by washermen

S.287 Obligation to give information of dangerous disease

S.288 Removal of patient to hospital suffering from dangerous disease.

S.289 Disinfection of buildings and articles

S.290 Destruction of infection huts or shed

S.291 Means of disinfection

S.292 Special measures in case of outbreak of dangerous or epidemic disease

S.293 Infected clothes not to be sent to washerman or to laundry

S.294 Contamination and disinfection of public conveyances

S.295 Driver of conveyance not bound to carry persons suffering from dangerous disease

S.296 Disinfection of buildings before letting the same

S.297 Disposal of infected articles without disinfection

S.298 Prohibition of making or selling of food, etc. or washing of clothes by infected persons

S.299 Power to restrict or prohibit sale of food or drink

S.300 Control over wells and tanks etc.

S.301 Duty of persons suffering from dangerous diseases

S.302 Disposal of infectious corpse, where any person has died from any dangerous disease

S.303 Conditions of service of Safai Karamcharis and certain other classes of persons employed in Corporation service

S.304 Power to call for information regarding burning and burial ground

S.305 Permission for use of new burning or burial ground

S.306 Power to require closing of burning and burial ground

S.307 Removal of corpses

S.308 Disposal of dead animals

Chapter.XVI Public Safety and Suppression of Nuisances

S.309 Prohibition of nuisances

S.310 Power of Commissioner to require removal or abatement of nuisance

S.311 Registration and control of dogs

S.312 Stacking or collecting inflammable materials

S.313 Care of naked lights

S.314 Discharging fire works, firearms etc.

S.315 Power to require buildings, wells, etc. to be rendered safe.

S.316 Enclosure of waste land used for improper purposes.

Chapter.XVII Extinction and Prevention of Fire

S.317 Establishment and maintenance of fire-brigade

S.318 Power of members of fire-brigades and other persons or suppression of fire.

S.319 Limitation on operation of this Chapter.

Chapter.XVIII Markets, Slaughter Houses, Trades and Outpatients

S.320 Provision of municipal markets and slaughter houses

S.321 Use of Municipal markets

S.322 Private markets and slaughter houses

S.323 Conditions of grant of licence for private market

S.324 Prohibition of keeping markets open without Licence etc.

S.325 Prohibition of use of unlicensed markets

S.326 Prohibition of business and trade.

S.327 Levy of stallages, rents and fees.

S.328 Stallages, rents etc. to be published

S.329 Butcher's, fishmonger's and poulterer's licence

S.330 Factory, etc. not to be established without permission of Commissioner.

S.331 Premises not to be used for certain purposes without licence

S.332 Seizure of certain animals

S.333 Power of the Commissioner to prevent use of premises in Particular area for purposes referred to in section 331

S.334 Licences for hawking article etc.

S.335 Eating houses, etc. not to be used without licence from Commissioner

S.336 Licensing and control of theatre, circuses and places of public amusement

S.337 Power of Commissioner to stop use of premises used in contravention of licences

S.338 Power of Commissioner to inspect places where unlawful slaughter of animal etc. is suspected.

Chapter.XIX Improvement

S.339 Improvement Scheme

S.340 Matters to be provided for in an improvement scheme

S.341 Submission of improvement scheme to the Corporation for approval and to the Government for sanction

S.342 Publication of the notice after scheme is sanctioned

S.343 Rehousing Scheme

S.344 Improvement scheme and rehousing scheme to comply with master plan and zonal development plan

S.345 Provision of housing accommodation for the economically weaker sections

Chapter.XX Declaration and Publication of Plans of Controlled Area

S.346 Declaration of controlled area

S.347 Erection or re-erection of building etc. in controlled area

S.348 Prohibition on use of land in controlled area

S.349 Application of permission or licence and the grant or refusal thereof.

S.350 Appeal

S.350(a) Offences and penalties

S.350(b) Duty of police officers

S.350(c) Power to arrest

S.350(d) Effect of other laws

S.351 Commissioner to carry out functions of the Director

S.351(a) Commissioner to carry out functions of Director

Chapter.XXI Powers, Procedure, Offences and Penalties

S.352 Signature, Conditions, duration, suspension, revocation, etc. of licences and written permissions.

S.353 Power of entry and inspection

S.354 Power to enter land, adjoining land in relation to any work

S.355 Breaking into building

S.356 Time of making entry

S.357 Consent ordinarily to be obtained

S.358 Regard to be had to social or religious usages

S.359 Prohibition of obstruction or molestation in execution of work.

S.360 Public notice how to be made known

S.361 Newspaper in which advertisement of notices to be published

S.362 Proof of consent etc. of Commissioner, etc.

S.363 Notices, etc. to fix reasonable time

S.364 Signature on notices etc. may be stamped

S.365 Notice etc. by whom to be served or issued

S.366 Service of notices etc.

S.367 Service of bills for tax or notice of demand by ordinary post.

S.368 Power in case of non-compliance with notice, etc.

S.369 Liability of occupier to pay in default of owner

S.370 Execution of work by occupier in default of owner and deduction of expenses from rent

S.371 Relief to agents and trustees

S.372 General power to pay compensation

S.373 Compensation to be paid by offenders for damage caused by them

S.374 Mode of recovery of certain dues

S.375 Right of owner to apply to court of the District Judge in case of obstruction by occupier

S.376 General powers and procedure of the court of District Judge

S.377 Fees in proceeding before court of the District Judge

S.378 Repayment of half fees on settlement before hearing

S.379 Power of the court of District Judge to delegate certain powers and to make rules

S.380 Punishment for Certain Offences

S.381 General

S.382 Offences by Companies

S.383 Police Establishments

S.384 Arrest of offenders

S.385 Power to institute etc. legal proceedings and obtain legal advice

S.386 Prosecution

S.387 Composition of offences

S.388 Protection of action of the Corporation, etc.

S.389 Notice to be given of suits

Chapter.XXII Rules, Regulations and Bye-laws

S.390 Supplemental provisions respecting rules.

S.391 Supplemental provisions respecting regulations

S.392 Powers to make bye-laws

S.393 Penalty for breaches of bye-laws.

S.394 Supplemental provisions respecting bye-laws

S.395 Bye-laws to be available for inspection and purchase

Chapter.XXIII Control

S.396 Power of Government to require production of documents

S.397 Inspection

S.398 Direction by Government

S.399 Power to provide for enforcement of direction under section 398

S.400 Dissolution of Corporation

Chapter.XXIV Miscellaneous

S.401 Delegation

S.402 Validity of notices and other documents

S.403 Admissibility of document or entry as evidence

S.404 Evidence of Corporation Officer or employee

S.405 Prohibition against obstruction of Mayor or any Corporation authority etc.

S.406 Prohibition against removal of mark

S.407 Prohibition against removal or obliteration

S.408 Prohibition against unauthorised removal, deposit etc.

S.408(a) Power to evict persons from Corporation premises/land

S.408(b) Appeal.

S.408(c) Finality of order.

S.409 Liability of members

S.410 Members and Corporation Officer and employees to be public servants

S.411 Annual administration report

S.412 Construction of reference

S.413 Special provisions as to rural area

S.414 Power of Government to suspend any resolution or order of Corporation

S.415 Power of Government to modify proceedings

S.416 Power of Government to withdraw any area of municipal area from operation of Act

S.417 Committee for Metropolitan planning

Chapter.XXV Transitional Provisions, Repeals and Savings Pertaining to Faridabad Complex Administration

S.418 Transitional provisions

S.419 Provisions regarding staff of Faridabad Complex Administration

S.420 Power to remove difficulties

S.421 Repeal and saving

Chapter.XXVI General Provisions with Regard to Corporation other than the Corporation of Faridabad.

S.422 Provisions regarding officers and employees

S.423 Assets, liabilities, obligations contracts and pending proceedings

S.424 Repeal

Sch.I .

Sch.II .

Sch.III .

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