Haryana act 013 of 2007 : Haryana Municipal Corporation (Amendment) Act, 2007

Section 1. Short title

1. Short title.- This Act may be called the Haryana Municipal Corporation (Amendment) Act, 2007.

Section 2. Amendment of section 8 of Haryana Act 10 of 1994

2. Amendment of section 8 of Haryana Act 10 of 1994.- In sub-section (2) of section 8 of the Haryana Municipal Corporation Act, 1994 (hereinafter called the principal Act).-

(i) clause (ii) and proviso thereunder shall be omitted and shall be deemed to have been omitted with effect from the 1st January, 2005, except in situations where the re-elections after removal have been held;

(ii) after clause (i), the following clauses shall be added at the end, namely:-

"(m) if he furnishes a false caste certificate at the time of filing nomination and he shall be so disqualified for a period of six years from contesting the election of the Corporation;

(n) if he is convicted or has been convicted of an offence punishable under sections 29, 30 and 31 of the principal Act the Prevention of Corruption Act, 1988 (49 of 1988) or the Prevention of Terrorism Act, 2002 (15 of 2002).".

Section 3. Insertion of sections 8B, 8C and 8D in Haryana Act 16 of 1994

3. Insertion of sections 8B, 8C and 8D in Haryana Act 16 of 1994.- After section 8A of the principal Act, the following sections shall be inserted, namely:-

"8B ??? for failure to keep account of election expenses and maximum thereof.-(1) Every candidate at an election shall either himself or by his election ??? keep a separate and account of all ??? in connection with the election incurred or ??? him or by his election agent from the date of ??? of nomination papers to the date of declaration of the result thereof, both dates inclusive.

(2) The account shall contain such particulars, us may be notified by the State Election Commission in this behalf.

(3) The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time.

8C. Making false declaration.-It 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 either knows or believes to be false or does not ??? to be true, he shall be punishable with imprisonment for in term which may extend to one month, or with fine which may extend to one ??? rupees, or with both.

8D. Application of certain sections of Central Act 43 of 1951 to Haryana Act 16 of 1994.- The provisions of sections 10A, 20B, 28A, 33A, 33B, 125A, 134A, 134B, 135B and 135C of the Representation of the People Act, 1951 (Central Act 43 of 1951), shall matatis mutandis apply in the provisions of this Act."

Section 4. Insertion or section 23A in Haryana Act 16 of 1994

4. Insertion or section 23A in Haryana Act 16 of 1994.- After section 23 of the principal Act, the following section shall be inserted, namely;-

"23A. Voting machines at elections.-Notwithstanding anything contained in this Act or the rules made thereunder, the casting and recording of votes by voting machines in the Corporation may be adopted in such manner as the State Election Commission may, having regard to the circumstances of each case, specify.

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

Section 5. Insertion at section 28A in Haryana Act 16 of 1994

5. Insertion at section 28A in Haryana Act 16 of 1994.- After section 28 of the principal Act the following section shall be inserted namely:-

"28A. Branch of official duty in connection with preparation of ??? roll.-(1) If any perform any official duly in connection with the ??? revision or correction of the electoral roll or inclusion or exclusion of any entry in or from that roll, is without reasonable cause guilty of any act or omission for breach of such official duty, he shall be punishable with imprisonment for a term which shall ??? be less than three months but which may extend to two years or with fine which may extend to five thousand rupees or with both.

(2) No suit or other legal proceedings shall be against any such officer or other person for damages in respect of any act or omission as aforesaid.

(3) No court shall take cognisance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the State Election Commission or the Deputy Commissioner of the district concerned."

Section 6. Amendment of section 166 of Haryana Act 16 of 1994

6. Amendment of section 166 of Haryana Act 16 of 1994.- In section 16B of the principal Act.-

(i) for clause (c), the following clause shall be substituted, namely:-

"(c) every contract involving an expenditure not exceeding twenty lac rupees in value or such other higher amount as the Government may fix may be made by the Commissioner."

(ii) in the proviso below clause (d) for the letters, figures and word "Rs. 50 lacs", the letters figure and word "Rs. 50 lacs" shall be substituted.