Haryana Municipal Corporation (Amendment) Act, 2006*
| [Haryana Act No. 1 of 2007] | [3rd September, 2006] |
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-seventh ??? it of the Republic of India as follows:-
* [Received the assent of the Governor on 3rd September, 2006 and published in the "Haryana Government Gazette", Extraordinary, No. Leg. 1/2006, dated 14th February, 2007].
1. Short title.- This Act may be called the Haryana Municipal Corporation (Amendment) Act, 2006.
2. Amendment of section 2 of Haryana Act 16 of 1994.- After clause (4) of section 2 of the Haryana, Municipal Corporation Act, 1994 (hereinafter called the principal Act), the following clause shall be inserted, namely:-
"(4A) "competent authority" means the Joint Commissioner of Corporation;".
3. Amendment of section 261 of Haryana Act 16 of 1994.- In section 261 of the principal Act, for the words "District judge" wherever occurring, the words "Divisional Commissioner" shall be substituted.
4. Insertion of sections 408A to 408C in Haryana Act 16 of 1994.- After section 408 of the principal Act, the following sections shall be inserted, namely;-
"408A. Power to evict persons from Corporation premises/land.-(1) If the competent authority is satisfied-
(a) that any person authorized to occupy any ??? of the Corporation has-
(i) not paid rent lawfully the from him in respect of such premises for a period of more than two months; or
(ii) sublet, without the permission of the Commissioner or any other officer duly empowered to grant such permission, the whole or any part of such premises; or
(iii) otherwise acted in contravention of any of the terms expressed or implied, under which he is authorized to occupy such premises; or
(b) that any person is in unauthorized occupation of any premises/land or, building/structure constructed thereon, of the Corporation.
the competent authority may, notwithstanding anything contained in any law, for the time being in force, by notice served upon him by post or by person and if such person avoids service or is not available for service of notice or refuses to accept notice, then be affixing a copy of it on the outer door or some other conspicuous ??? of such premises/land or building or by beating of drums of in such manner is may be prescribed, call upon such person to appear and show cause why he should not be ordered to vacate the said premises/land or building/structure constructed thereon of demolish unauthorized construction and to restore to its original state or to bring it in conformity with the provisions of this Act on rules of amend thereunder, as the case may be, within a period of seven days from the date of service of the notice.
(2) If such person fails to show cause to the satisfaction of the competent authority or fails to ??? or refuses to appeal before the competent authority, as the case may be, within a period of seven days, Hit; competent authority shall pass an order requiring him to vacate such premises/land or building/structure constructed thereon or demolish unauthorized construction and restore to its original state or to bring it in conform in with the provisions of this Act or the rules framed ??? the case may be, within a further period of seven days.
(3) If the order made under sub-section (2) is not carried out or complied with within the specified period, the competent authority at the expiry of the period so specified, shall evict that person from and take possession of the premise land or building/structure constructed thereon or demolish ??? construction of restore to its original state or bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, and shall for that purpose use such force, as may be necessity and the cost incurred on such measures shall, if not paid on ???, being made to him, be recoverable from such person as arrears of land revenue.
(4) Even before the expiry of a further period of seven days mentioned under sub-section (2), if the competent authority is satisfied that instead of vacation of premises/land or building/structure constructed thereon or demolition of unauthorized construction, as the case may be, the person continues with the contravention, the competent authority shall himself lake such measures and use such force as may appear necessary to give effect to the order under sub-section (2) 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.
(5) If a person, who has been ordered to vacate any premises/land or building/structure constructed thereon, under sub-section (2) in view of if conditions us specified under sub-clause (i) or (iii) of clause (a) of sub-section (1) within a period of seven days from the date of service or the notice, pays the rent in areas or carries out or otherwise complies with the terms contravened by him, to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of the eviction if the person under sub-section (3) cancel the order made ??? sub-section (2) and thereupon such person shall hold the ??? on the terms on which he held them immediately before such notice was served on him.
408B. Appeal.-(1) Any person aggrieved by an order of the competent authority under sub-section (2) of section 408A may, within a period of seven days from the date of the order under sub-section (2) of section 408A, prefer an appeal to the Commissioner.
(2) Where an appeal is preferred under sub-section (1), the Commissioner may stay the enforcement of the order of the competent authority for such period and on such condition is it deems fit.
(3) Every appeal under thus section shall be disposed of by the Commissioner within a period of sixty days.
408C. Finality of order.-Save as otherwise expressly provided in this Act every order made by the competent authority under section 4D 8A or by the Commissioner under section 408B shall be final and shall not be called in question in any original suit, application or execution proceeding is and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under sections 408A and 408B of this Act.".