Haryana Municipal Act, 1973
No: 24 Dated: Jul, 02 1973
Haryana Municipal Act, 1973
(Haryana Act No. 24 of 1973)
An Act to consolidate and amend the law relating to municipalities in the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Twenty-fourth Year of the Republic of India, as follows : -
1. Short title, extent and commencement. - (1) This Act may be called the Haryana Municipal Act, 1973.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
[(1) ***]
[(1A) "Board" means the Haryana Urban Infrastructural Development Board constituted under Section 203 I;]
(2) "building" means any shop, out-house, hut, house, shed or stable whether used for the purpose of human habitation or otherwise and whether of masonary, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well;
(3) "building line" means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed;
(4) "built area" is that portion of a municipality of which the greater part has been developed as a business or residential area;
(5) "bye-laws" means bye-laws made under this Act;
[(5A) "Chief Administrator" means the Chief Administrator of the Board;]
[(5B) "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;]
(6) ["committee" or "municipal committee" except section 2A, means a Municipal Committee or Municipal Council constituted or deemed to have been constituted by or under this Act.]
(7) "compost manure" means the produce prepared from dung by subjecting it to the process of compost making the manner prescribed by rules;
[(7-A) "controlled area" means an aread declared under section 203 C of this Act to be a controlled area.]
(8) "Deputy Commissioner" or "Deputy Commissioner of the district" includes Additional Deputy Commissioner, Joint Deputy Commissioner or any [other officer not below the rank of an Extra Assistant Commissioner] at any time appointed by the State Government to perform in any district or districts the functions of a Deputy Commissioner under this Act:
[(9) "Director" means the Director Urban Development Department, Haryana;]
[(9A) "district" means the district in the State of Haryana;
(9B) "District Planning Committee" means a committee constituted under section 203B of this Act;
(9C) "dry latrine" means a latrine from which the excreta is removed manually;
(9D) "dung" for the purposes of Sections 153 and 154 shall include night- soil, sewage, sullage, refuse, sludge, filth of rubbish or animal matter of any kind;]
(10) "erect or re-erect any building" includes -
(a) any material alteration or enlargement of any building;
(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
(c) the conversion into more than one place for human habitation of a building originally constructed as one such place;
(d) the conversion of two or more places of human habitation into a greater number of such places;
(e) such alterations of a building as effect an alteration of its drainage or sanitary arrangements, or materially affects its security;
(f) the addition of any rooms, buildings, out-houses or other structures to any building;
(g) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;
(11) "explosive" and "petroleum" have the meanings assigned to those words in the Indian Explosives Act, 1884, and the Petroleum Act, 1934, respectively;
(12) "factory" shall have the meaning assigned to it in the Factories Act, 1948;
[(12A) "Finance Commission" means the Finance Commission constituted by the State Government under Articles 243I and 243Y of the Constitution of India;]
[(12AA) "Fund" means the Haryana Urban Infrastructural Development Fund constituted under Section 203 L;]
[(12B) "State Government" means that Government of the State of Haryana;]
(13) "infectious disease" means cholera, plague, smallpox, tuberculosis or such other dangerous disease as the State Government may notify in this behalf;
(14) "inhabitant" includes any person ordinarily residing or carrying on business, or owning or occupying immovable property, in any municipality; or in any local area which the State Government has, by notification under this Act, proposed to declare to be a municipality; and in case of any dispute, means any person or persons declared by the Deputy Commissioner to be inhabitant or inhabitants;
[(14A) "Member" means a member of the municipality duly elected or nominated by the State Government;]
(15) "municipal area" means the territorial area of a municipality as may be notified by the State Government and includes any territorial area which forms part of a municipality at the commencement of the Haryana Municipal (Amendment) Act, 1994;]
[(15A) "municipality" means an institution of self-government constituted under Section 2A which may be a Municipal Committee or a Municipal Council or a Municipal Corporation;]
(16) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense, of sight smell or hearing or which is or may be dangerous to life or injurious to health or property;
[(17) "occupier" includes -
(a) any person who for the time being is paying or is liable to pay to the owner the rent for any portion of the building or land in respect of which such rent is paid or is payable;
(b) an owner in occupation of his own building or land;
(c) a rent-free occupant;
(d) a licence in occupation of any land or building; and
(e) any person who is liable to pay the owner damages for the use and occupation of any land or building.]
(18) [-]
[(19) "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 rent of or is entrusted with or concerned for, any premises devoted to religious or charitable purposes;
(iv) a receiver, or manager, appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises;
(v) a mortgagee in possession; and
(b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or the boat;]
[(19A) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;]
[(19AA) "premises" means any land or building or part of a building and includes-
(a) the garden, ground and out-housfts, if any, appertaining to a building or part of a building; and
(b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof;]
[(19B) "Private agencies" shall include private service providers like Airtel, Spice, Tata telecom, Reliance, Hutch and all private banks with Automatic Teller Machine (ATM), operators of television cable and National Stock Exchange (NSE) and the like;]
(20) "public place" means a place which is open to the use or enjoyment of the public whether or not private property and whether or not vested in the committee;
(21) "public street" shall mean any street -
(i) heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public funds, unless before such work was carried out, there was an agreement with the proprietor that the street should not thereby become a public street, or unless such work was done without the implied or express consent of the proprietor, or
(ii) which, under the provisions of Section 180, is declared by the committee to be, or under any other provision of this Act becomes, a public street;
(22) "rules" mean the rules made under this Act;
[(22A) "State Election Commission" means the State Election Commission constituted by the State Government under Articles 243K and 243ZA of the Constitution of India;]
[(22B) "Shamlat Deh" includes -
(1) lands described in the revenue records as Shamlat Deh or Shamlat Tikkas;
(2) lands described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and used according to revenue records for common purposes or for the benefit of the community or a part thereof;
(3) lands described as Banjar Qadim and used for common purposes according to revenue records;
(4) lands used or reserved for the benefit of the community including streets, lanes, playgrounds, schools, drinking wells or ponds; and
(5) lands belonging to the Gram Panchayat of a village the Abadi Deh of which has been included in a municipality and where the Panchayat consist of more than one village, the lands belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has been included in a municipality,
but does not include land which
(i) has been allotted on quasi-permanent basis to a displace person;
(ii) has been acquired under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act 44 of 1954) or has been treated as evacuee property under the Administration of the Evacuee Property Act, 1950 (Central Act 31 of 1950) or is of composite nature in which evacuee and non- evacuee shares have not yet been separated;
(iii) has been partitioned and brought under cultivation by individual land-holders before the 26th January, 1970;
(iv) having been acquired before the 26th January, 1970, by a person by purchase or in exchange for proprietary land from a co-sharer in the Shamlat Deh, is so recorded in the Jamabandi or is supported by a valid deed;
(v) is described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and is not used according to revenue records for common purposes or for the benefit of the community or a part thereof;
(vi) lies outside the Abadi Deh and is used as Gitwar, Bara, Manure- pit or house or for cottage industry;
(vii) was Shamlat Deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in it on or before the 26th January, 1970;
(viii) is used as a place of worship or for purposes sub-servient thereto; and
(ix) belongs to the Gram Panchayat of a village the Abadi Deh of which has not been included in a municipality and where the Panchayat consists of more than one village, the lands belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has not been included in a municipality;]
[(22C) "semi-Government agencies" shall include Bharat Sanchar Nigam Limited (BSNL), Mahanagar Telecom Nigam Limited (MTNL), Videsh Sanchar Nigam Limited (VSNL) and all nationalised banks with Automatic Teller Machine (ATM) and the like;]
(23) "street" shall mean any road, footway, square, court, public park alley or passage, accessible, whether permanently or temporarily to the public, and whether a thoroughfare or not; and shall include every vacant space notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon, and if it is used by any persons as a means of access to or from any public place or thoroughfare, whether such person be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; and shall include also the drains or gutters therein, or on either side, and the land, whether covered or not by any pavement, verandah or other erection, up to the boundary of any abutting property not accessible to the public;
(24) "unbuilt area" is an area within the municipal limits which is declared to be such at a special meeting of the committee by a resolution confirmed by the State Government, or which is notified as such by the State Government;
[(24A) "urban area" means an area within the municipal limits of a municipality;]
(25) "vehicle" includes bicycle, tricycle and automotor car, and every wheeled conveyance which is used or capable of being used on a public street.
[(26) "Wards Committee" means the wards committees constituted by the State Government under Section 34 of this Act; and
(27) "water seal latrine" means a latrine with a minimum water seal of 20mm in which excreta is pushed in or flushed by water and is not required to be removed manually.]