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Haryana act 020 of 2006 : Haryana Municipal (Amendment) Act, 2006

Preamble

Haryana Municipal (Amendment) Act, 2006*

[Haryana Act No. 20 of 2006][21st April, 2006]

An Act further to amend the Haryana Municipal Act, 1973.

Be it enacted by the Legislature of the State of Haryana in the Fifty-seventh Year of the Republic of India as follows:-

* [Received the assent of the Governor of Haryana on the 21st April, 2006, and is hereby published in the "Haryana Government Gazette", Extraordinary, No. Leg. 21/2006, dated 28th April, 2006]

Section 1. Short title

1. Short title.- This Act may be called the Haryana Municipal (Amendment) Act, 2006.

Section 2. Amendment of section 13A of Haryana Act 24 of 1973

2. Amendment of section 13A of Haryana Act 24 of 1973.- In section 13A of the Haryana Municipal Act, 1973 (hereinafter called the principal Act),-

(I) in sub-section (1)-

(i) in clause (c), in the existing proviso, for sign "" existing at the end, the sign "" shall be substituted; and

(ii) after clause (c), the following of ??? shall be added, namely:-

"(d) if he is convicted or has been convicted of an offence punishable under sections 29, 30 and 31 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), the Prevention of Corruption Act, 1988 (49 of 1988) or the Prevention of Terrorism Act, 2002 (15 of 2002)."

(II) after sub-section (2), the following sub-section shall be added, namely:-

"(3) If any person furnishes a false caste certificate at the time of filing nomination, he shall be ??? for a period of six years from contesting the election to ???".

Section 3. ???

3. ???.- After section 13B of the principle Act, the following sections shall be inserted, namely:-

"13C. Making false ???. ??? any person makes in connection with-

(a) the preparation, revision or correction of an electoral roll; or

(b) the inclusion or exclusion of any entry in or from an electoral roll.

a statement or declaration in writing, which is false and which he cither knows or believes to be false or does not believe to be rue, he shall be punishable with imprisonment for a term which may extend to cue month, or with fine which may extend to one thousand rupees, or with both.

"13D. Application of certain sections of Central Act 43 of 1951- The provisions of sections 2013, 28A, 33A, 3313, 125A, 134A, 134B, 135B and 135C of the Representation of the People Act, 1951 (Central Act 43 of 1951), shall mutatis mutandis apply to the provisions of this Act."

Section 4. Amendment of section 15 of Haryana Act 24 of 1973

4. Amendment of section 15 of Haryana Act 24 of 1973.- To sub-section (1) of section 15 of the principal Act, the following proviso shall lie added, namely:-

"Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the holding of a general election.".

Section 5. Amendment of section 275 of Haryana Act 24 of 1973

5. Amendment of section 275 of Haryana Act 24 of 1973.- After sub-section (1) of section 275 of the principal Act, the following sub-section shall be inserted, namely:-

"(1A). Notwithstanding anything contained in this Act or the rules made thereunder, the casting and recording of votes by voting machines may be adopted in such manner as may be prescribed, in such municipality or municipalities as the State Election Commission may, having regard to the circumstances if each case, specify.’

Explanation.- For the purpose of this sub-section "voting machine" means any machine or apparatus whether operated electronically or otherwise used for casting or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, he construed as including a reference to such voting ??? wherever such voting machine is used at any election.".