The Vidhan Sabha has passed the Haryana Municipal Corporation (Third Amendment) Bill, 2018 to amend the Haryana Municipal Corporation Act, 1994. In section 2 (45) of the Haryana Municipal Corporation Act, 1994 defines the term ‘population’ as population ascertained in the last preceding census of which the relevant figures have been published.
The strict application of the definition sometimes binds the state government to resort to outdated published figures, which do not reflect the contemporary actual position on the ground.
It prevents the state government from taking into account the contemporaneous growth in the population of an area during the interregnum period between the last census and present, which is not reflected till the time the official census is carried.
It also hinders the effective administration of the area, in ways that the state government considers necessary. The definition finds it foundation in Article 243P (g) of the Constitution of India, on the basis of which it has been adopted in various state legislations of similar nature. A complete amendment of the same may lead to unnecessary litigation.
The Advocate General, Haryana has suggested that the state government may consider adding an explanation to the specific definition clause empowering the state government to take into account contemporaneous growth in the population of an area, on cogent evidence, for the purposes of this Act, which would be legally and constitutionally permissible.
Therefore, it is proposed that the matter may be considered for taking into account the contemporaneous growth in the population of an area during the interregnum period between the last census, which is not reflected till the time the official census is carried, for declaring a Municipal Corporation in the State by inserting a provision of ‘existing population’ in the proviso of sub section 2 of section 3 of the Haryana Municipal Corporation Act, 1994 and to insert the ‘explanation’ of the ‘existing population’ in the Act.
The State University of Performing and Visual Arts, Rohtak (Amendment) Bill, 2018 has been passed to amend the name of State University of Performing And Visual Arts, Rohtak.
The State University of Performing and Visual Arts, Rohtak which was established in an Act of legislature of State of Haryana (Act 24 of 2014) by upgrading the integrated campus of Government Technical Institution(s) Societies, Rohtak comprising of four institutes namely State Institute of Fine Arts, State Institute of Design, State Institute of Film and Television, and State Institute of Urban Planning and Architecture.
These four institutions were affiliated with MDU University Rohtak and started in the year 2011 with annual intake of 240 students. The State University of Performing and Visual Arts, Rohtak is located in the heart of Rohtak city and falls in the National Capital Region.
The university is emerging as one of the leading university of the country in Performing and Visual Arts and in the field of Mass Media. Now the Government has decided to change the name of university with the name of Indian Poet of Haryanavi language who was honored posthumously as Surya Kavi by the State Government.
As per the amendment, the University would now be named as “Pandit Lakhmi Chand State University of Performing And Visual Arts, Rohtak”.
The Vidhan Sabha has also passed the Faridabad Metropolitan Development Authority Bill, 2018. The Faridabad Metropolitan Development Authority (FMDA) would develop a vision for the continued, sustained and balanced growth of the Faridabad Metropolitan Area through quality of life and reasonable standard of living provided to residents.
It would also provide for integrated and coordinated planning, infrastructure development and provision of urban amenities, mobility management, sustainable management of the urban environment and social, economic and industrial development.
It would endeavour to redefine urban governance and delivery structure in coordination with local authorities in the context of the emergence of Faridabad as a rapidly expanding urban agglomeration.
The FMDA would prepare, sanction, implement plans, projects and schemes for infrastructure development and provision of urban amenities, mobility management, sustainable management of the urban environment and social, economic and industrial development in the notified area.
The Authority would prepare a disaster management plan and take such measures for prevention of disasters and mitigation of its effects in the notified area, in so far as they relate to infrastructure development. It would establish, operate and maintain the public safety answering point of the emergency response system for the notified area.
The Authority would assist local authorities through capacity building to enable them to exercise their powers and perform their functions under the appropriate law by which they have been established.
The Authority would recommend the State Government to acquire land, in accordance with any law for the time being in force, for the purposes of the Authority.
The Punjab New Capital (Periphery) Control (Haryana Amendment) Bill, 2018 to amend the Punjab New Capital (Periphery) Control Act, 1952 in its application to the State. High Court in its order dated August 26,2015 did not favour the first-come-first-served policy and ordered that a transparent method needs to be followed.
In 2016, the Apex Court has also granted liberty to the state to formulate transparent policy guidelines in this regard. Hence, an alternate to the said first-come-first-served policy stands formulated and notified on dated November 10,2017.
The said policy envisaged grant of specified category of change of land use permission through bidding or auction process, after following a prescribed procedure. However, the prevailing statutory provisions did not envisage grant of change of land use permission through auction or bidding process.
Thus the implementation of the said policy dated November 10,2017 required incorporating enabling provisions in the Punjab New Capital (Periphery) Control Act, 1952 so as to allow grant of specified category of land use permission after following the bidding or auction process.
The government has also envisaged initiating online receipt and issuance of statutory approval to further increase the transparency and efficiency in the functioning of the department, for which an enabling provision in the Act is required.
The Haryana Development and Regulation of Urban Areas (Second Amendment) Bill, 2018 has been passed to amend the Haryana Development and Regulation of Urban Areas (Second Amendment) Act, 1975.
Keeping in view the huge number of community sites that remain to be put to use, it has been decided to enable further extension of validity period for undertaking such construction, albeit, upon payment of extension fee to be prescribed.
The extension fee would accordingly act as financial penalty for delay in undertaking construction of community sites. The sub clause (iv) of clause (a) of sub-section 3 of Section 3 of Haryana Development and Regulation of Urban Areas Act, 1975 is proposed for amendment accordingly.
Further, keeping in view the fact that real estate projects are long gestation period which normally take more than ten years period for completion and in addition, since RERA has been constituted specifically for the purpose of monitoring of such real estate projects as well as to resolve the disputes arising between allottees and the colonizer, a need has arisen to relax the stringent monitoring provisions in terms of more frequent renewal of license under the Act of 1975.
Hence, the amendment to increase the period of renewal of license to five years was proposed.
In addition, it had been observed during implementation of the provisions of the Act 8 of 1975 that upon cancellation of license, the Director is required to take over the colony and is also required to carry out or cause to be carried out the development works in the colony and recover such charges as the Director may have to incur on the said development works from the colonizer and the plot or flat owners.
However, there was no provision in the Act or Rules to engage any third party for the said purpose owning to which it has been extremely difficult for the Director to engage itself in execution of development works in a colony, for which it is extremely ill-equipped in terms of human or financial or technical resources.
Accordingly, amendment was proposed to enable the Director to engage any third party to enable completion of the project. Finally, the existing provisions of section 10A regarding recovery of dues payable to the Director, were required to be made more stringent in tune with the existing provisions of Gurugram Metropolitan Development Authority Act, 2017.
The Haryana Police (Amendment) Bill, 2018 has been passed to amend the Haryana Police Act, 2007. As per the amendment the State Police Board is required to be substituted with State Security Commission. There is no procedure for selection of Director General of Police.
For the appointment of Director General of Police, who is responsible for administration controlling and supervising the police service to ensure its efficiency, effectiveness, responsiveness and accountability in the State a transparent procedure needs to be adopted.
Though, as per direction, the minimum tenure of DGP was 2 years, yet, it is felt that the period of minimum 2 years would be a long period and in order to rule out the possibility of absolutism and complacency, it should be kept adaptable.
Hence, the term of Director General of Police is proposed to be prescribed as not less than one year extendable to one more year. Since, the State Security Commission the apex body to take broad policy decisions, the removal of Director General of Police is proposed to be made in consultation with the State Security Commission.
A provision is proposed to be made regarding transfer/posting of police officers under section 34 of the Act.
The Haryana Service of Engineers, Group A, Irrigation Department (Amendment) Bill, 2018 has been passed to amend the Haryana Service of Engineers, Group A, Irrigation Department Act, 2010.
At present, the service condition and fixation of seniority in the Engineering Service Group A in Irrigation Department, Haryana is governed by Haryana Service of Engineers, Group-A, Act, 2010. The Act provides separate seniority of Civil, Mechanical, Electrical and Computer Cadre and further the post of Engineer-in-Chief is manned by Civil Engineer cadre only.
This Act was made applicable retrospectively with effect from November 1,1966. This Act was challenged by some Mechanical Engineers in Punjab and Haryana High Court and in compliance with the orders of Punjab and Haryana High Court, it was necessary to make certain amendments in Act ‘The Haryana Service of Engineers, Group A, Act, 2010’.
The Haryana Appropriation (No. 4) Bill, 2018 has been passed to grant authorization for payment and appropriation of a sum of Rs. 2575,14,19,000 (Two thousand five hundred seventy five crore, fourteen lakh nineteen thousand only) out of the Consolidated Funds of the state of Haryana for the services during the financial year ending the 31st day of March 2019.
The Haryana Legislative Assembly (Salary, Allowances and Pension of Members) Second Amendment Bill, 2018 has been passed to amend the Haryana Legislative Assembly (Salary, Allowances and Pension of Members) Act, 1975. The amended Bill mentions the definition of Government Chief Whip and also the facilities being provided to the Government Chief Whip.
The Haryana Municipal (Second Amendment) Bill, 2018 has been passed by the Vidhan Sabha. The amendment has been made to insert the explanation of existing population in the Act for declaring a municipality in the state.