Haryana Municipal Corporation Act, 1994

 
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[Act No. 16 of 1994]

[20th October, 1994]

Preamble

An Act to provide for the establishment of Municipal Corporations for certain municipal areas in the State of Haryana.

Be it enacted by the Legislature of the State of Haryana in the Forty-fifth year of the Republic of India as follows:--

Chapter: I - PRELIMINARY

Section 1 - Short title, extent and commencement

(1) This Act may be called the Haryana Municipal Corporation Act, 1994.

(2) It extends to the whole of the State of Haryana excluding the cantonment areas therein.

(3) It shall be deemed to have come into force with effect from 31st May, 1994.

Section 2 - Definitions

In this Act, unless the context otherwise requires,-

1[(1) "annual value" notwithstanding anything contained in any other law for the time being in force, means,--

(a) in the case of land, the gross annual rent--

(i) to be calculated on the basis of fair rent fixed under the law relating to rent restriction for the time being in force; or

(ii) where no fair rent referred 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 which the land revenue has been wholly or in part released, compounded for, redeemed or assigned, the annual value shall, if the State Government so directs, be deemed to be double the aggregate of the following amounts, namely:--

(i) the amount of the land revenue or any other tax in lieu thereof for the time being assessed on the land, whether such assessment is leviable or not, or when the 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

(ii) 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;

(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 land on which a building is in the process of erection, five percent of the estimated market value of the land;

(c) in the case of any house or building whether self occupied or tenanted, five percentum on the sum obtained by adding the estimated present cost of erecting the building, less such amount as the Government may deem reasonable to be deducted on account of depreciation, if any, to the estimated market value of the site and any land attached to the house or building:

Provided that--

(i) in the calculation of the annual value of any premises, no account shall be taken of any machinery thereon;

(ii) the basis of assessing the present market value of the land, the cost of erecting the building and depreciation shall be such as may be decided by the Government. Different rates may be determined for different categories of building and land;

(iii) if the actual annual rent received by the owner 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 building so determined shall be subject to a deduction of ten percent for the cost of repairs and other expenses necessary for the proper maintenance of the building;

(v) when a building is occupied by the owner under such exceptional circumstances as to render a valuation at five percentum on the cost of erecting the building, less depreciation, excessive, a lower percentage may be taken;]

2[(1A)] "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder;

(2) "building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, well or any other structure whether of masonry, bricks, wood, mud, metal or other material and includes a well but does not include any portable shelter;

(3) "bye-law" means a bye-law made under this Act, by notification in the Official Gazette;

1[(3A) "Collector's rate" means the value of land assessed by the Deputy Commissioner every year by exercising his authority as District Collector for the purpose of assessing the value of stamp duty at the time of registration of sale deeds of land;]

(4) "Commissioner" means the Commissioner of the Corporation, appointed by the State Government;

3[(4A) "competent authority" means the Joint Commissioner of Corporation;].

(5) "Corporation" means the Municipal Corporation declared and constituted under sections 3 and 4 of this Act;

(6) "Corrupt practice" means any of the practices specified in section 22;

(7) "Casual Vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office;

(8) "dangerous disease" means -

(a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal, meningitis and diphtheria; and

(b) any other epidemic, endemic or infectious disease which the Commissioner may, by notification in the Official Gazette, declare to be dangerous disease for the purposes of this Act;

(9) "dry latrine" means a latrine or privey from where night soil is removed through manual scavenging;

(10) "District Judge" means the District Judge having jurisdiction in the Municipal area;

(11) "Divisional Commissioner" means the Commissioner of the Division in which the Corporation is situated and includes any other officer appointed by the Government to perform all or any of the functions of the Divisional Commissioner under this Act;

(12) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sewrage, offensive matter, polluted water, waste water, rain water or subsoil water;

(13) "district" means a district in the State;

(14) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;

(15) "factory" means a factory as defined in the Factories Act, 1948;

(16) "filth" includes offensive matter and sewage;

(17) "Finance Commission" means the Finance Commission constituted by the State Government under Articles 243-I and 243-Y of the Constitution of India;

(18) "goods" includes animals;

(19) "Government" means the Government of the State of Haryana;

(20) "house-gully" or "service passage" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by Corporation employees or other persons employed in the cleaning thereof or in the removal of such matter therefrom;

(21) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act;

(22) "land" includes benefits that arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

(23) "licensed architect", "licensed draftsman", "licensed engineer", "licensed plumber", "licensed surveyor" and "licensed town planner" means respectively a person licensed under the provisions of this Act as an architect, draftsman, engineer, plumber, surveyor and town planner;

(24) "member" means a member of the Corporation;

(25) "municipal drain" means a drain vested in the Corporation;

(26) "municipal market" means a market vested in or managed by the Corporation,

(27) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation;

(28) "municipal water works" means water works vested in the Corporation;

(29) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the Government by notification in the Official Gazette to be the metropolitan area for the purposes of this Act;

(30) "Municipal area" means the territorial area of the Corporation declared under section 3 of this Act;

(31) "municipality" means an institution of self-government constituted under section 2A of the Haryana Municipal Act, 1973, which may be a Municipal Committee or a Municipal Council or a Municipal Corporation;

(32) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;

(33) "occupier" includes -

(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;

(b) an owner in occupation of, or otherwise using his land or building;

(c) a rent-fee tenant of any land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(34) 4[***]

(35) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances, other than sewage;

5[(36) "owner",--

(a) when used with reference to any building and land, includes--

(i) the person who receives the rent thereof 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...

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