Preamble
| [Haryana Act No. 20 of 2004] | |
An Act further to amend the Haryana Municipal Corporation Act, 1994
Be it enacted by the Legislature of the State of Haryana in the Fifty-Fifth Year of the Republic of India as follows:-
Section 1. Short title
1. Short title.- This Act may be called the Haryana Municipal Corporation (Amendment) Act, 2004.
Section 2. Amendment of section 346 of Haryana Act 16 of 1991
2. Amendment of section 346 of Haryana Act 16 of 1991.- For sub-section (I) of section 346 of the Haryana Municipal Corporation Act, 1994 (hereinafter called the principal Act), the following sub-section shall be substituted, namely:-
"(1) Notwithstanding any law for the time being in force, the Commissioner may, with the previous approval of the Government, by notification, declare the whole or any part of the area within the Corporation to be a controlled area provided that the same has not been declared as controlled area under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act 41 of 1963).".
Section 3. Insertion of sections 350A to 350C in Haryana Act 16 of 1994
3. Insertion of sections 350A to 350C in Haryana Act 16 of 1994.- After section 350 of the principal Act the following sections shall be inserted, namely:-
"350 A. Offences and penalties.-(1) Any person who-
(a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of section 347 or in contravention of any conditions imposed by an order under section 349 or section 350; or
(b) uses any land in contravention of the provisions of sub-section (1) of section 348 or section 350,
shall be punishable with imprisonment for a term which may extend to three years or with a fine of not less than ten thousand rupees which may extend to fifty thousand rupees or with both and, in the case of a continuing contravention, with a further fine which may extend to one thousand rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention.
(2) Without prejudice to the provisions of sub-section (1), the Commissioner may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a contravention such as described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction of the Commissioner within a period of seven days, the Commissioner may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, within a further period of seven days.
(3) If the order made under sub-section (2) is not carried out within the specified period, the Commissioner may himself at the expiry of the period of this order, take such measures as may appear necessary to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue:
Provided that even before the expiry of seven days period mentioned in the order under sub-section (2), if the Commissioner is satisfied that instead of stopping the erection or re-erection of the building or making or extending of the excavation or laying out of the means of access to a road, as the case may be, the person continues with the contravention, the Commissioner may himself take such measures as may appear necessary to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him be recoverable from such person as arrears of land revenue.
350B. Duty of police officers.- It shall be the duty of every police officer-
(i) to communicate without delay to the Commissioner or any other officer authorized in writing by him, in this behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder: and
(ii) to assist the Commissioner or any other officer authorized in writing by him, in this behalf, in the lawful exercise of any power vested in the Commissioner or any other officer authorized in writing by him, in this behalf, under this Act or any rule or regulation made thereunder.
350C. Power to arrest.- (1) A police officer not below the rank of sub-Inspector shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false.
(2) The person so arrested shall, without unavoidable delay be produced before the Magistrate authorized to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.".
Section 4. Omission of sections 351 and 351A of Haryana Act 16 of 1994
4. Omission of sections 351 and 351A of Haryana Act 16 of 1994.- Sections 351 and 351A of the principal Act shall be omitted.