The Haryana Government on March 03, 2021 has issued the Haryana Municipal (Amendment) Bill, 2021 to further amend the Haryana Municipal Act, 1973.
The following amendments have been made:
• Section 60A, which specifies the Power of municipality to borrow, has been inserted, namely:
The Municipal Council or Municipal Committee, as the case may be, may in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of any immovable property vested in it or property proposed to be acquired by it or of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act, from banks or, from other public financial institutions, as the case may be, any sums of money which may be required:
1. for acquiring any land which it has power to acquire.
2. for erecting any building which it has power to erect.
3. for the execution of any permanent work, the provision of any plant, or the execution of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years.
4. to pay off any debt due to the State Government.
5. to repay a loan previously raised under this Act or any other Act previously in force.
6. for any other purpose for which the Municipal Council or Municipal Committee, as the case may be, is, by virtue of this Act or any other law for the time being in force, authorised to borrow.
• Section 62A, which specifies the disposal of property, has been inserted, namely:
“With respect to the disposal of the property belonging to the Municipal Council or Municipal Committee, as the case may be, the following provisions shall have effect, namely:
1. in case not covered by clause (a), the said authority may, with the sanction of the State Government on recommendation of the Municipal Council or Municipal Committee, as the case may be, lease, sell, let out on hire or otherwise transfer any property movable or immovable belonging to the Municipal Council or Municipal Committee.
2. subject to other provisions of this Act, the consideration for which any immovable property may be sold, leased or otherwise transferred under the aforesaid clauses shall not be less than value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition.
3. the consideration for which any immovable property may be sold, leased or otherwise transferred to social, religious or charitable or educational institution, trust or social entities by the authority as specified by the State.
• Section 69, which specifies the taxes which committee shall impose, has been substituted, namely:
“For the purposes of this Act and subject to the provisions thereof, every committee shall impose the following taxes, namely:
1. a property tax payable by the owner or occupier of a building or land in the municipal area, calculated depending upon the area in which the building or land is situated, its location, purpose for which it is used, its capacity for profitable use, quality of construction and other relevant factors, method of calculation and the rates for application be such, as the State Government shall, by notification in the Official Gazette specify. The rates of tax may be different for different types of properties like residential, non-residential or commercial, industrial, institutional etc. and may be at flat rate or at a graded scale; and in all cases, those shall be the floor rates and the Municipal Council or Municipal Committee, as the case may be, may increase the rates prospectively at any time by following the due procedure as specified by the State Government.
2. such other tax, at such rates as the State Government may by notification in each case direct.
3. a duty on the transfer of immovable properties situated within the limits of the municipality in addition to the duty imposed under the Indian Stamp Act, 1899, as in force for the time being in the State of Haryana, on every instrument of the description specified below and at such rate, as the State Government may, by notification, direct, which shall not be less than one per centum and more than three per centum on the amount specified below against such instrument.
• Section 70A, which specifies the control and regulation of advertisement in public spaces, has been inserted, namely:
“The authority as specified by the State Government, shall control and regulate all advertisements displayed in public spaces and means of transport in the municipal area. They shall for this purpose, identify the suitable spots and sites for displaying advertisement in the municipal area and may, as part of this exercise, invite, by wide publicity, applications from the interested persons for letting out public visual landscape of their premises or vehicles for display of advertisements. The authority as specified by the State Government shall decide all such applications made to him by finalising the identification of spots, sites and vehicles after taking into consideration such relevant factors, which are either specified by the State Government or directed in terms of any order of the court of law exercising such jurisdiction or specified under any policy of the State Government.”
• Section 75D, which specifies the levy of penalty on unlawful building, has been inserted, namely:
“Whoever unlawfully constructs or reconstructs any building or part of a building:
1. on his land without obtaining permission under this Act or any other law for the time being in force or any rules or bye-laws made thereunder or in contravention of any condition attached to such permission.
2. on a site belonging to him which is formed without approval under the relevant applicable law, including rules framed/instructions issued thereunder.
3. on any land belonging to, or leased by the Municipal Council or Municipal Committee, the Central Government or State Government, or any statutory Board/corporation or organization or company set up by any such Government, in breach of any provisions of this Act or of any other law for the time being in force and the rules and bye-laws made thereunder.
• Section 75 E, which specifies the levy of penalty on unlawful use of a building, has been inserted, namely:
“Whoever puts a building or land or a part thereof to any use either in contravention of any law for the time being in force regulating or controlling the use of such building or land or part thereof or in violation of an order or direction, if any, issued under such law, shall be liable to pay a penalty, which shall be equal to two times the amount of property tax that is leviable on such building or land or part thereof, as the case may be, under clause (a) of subsection (1) of section 69 of this Act for the whole period of such unlawful use on annual basis, calculated construing part of a year as full year and the penalty paid under this subsection shall be determined as collected under the provisions of this Act, as if the amount thereof were a property tax due against any such person.”
• Section 84A, which specifies the taxation of properties of government of India, has been inserted, namely:
“Notwithstanding anything to the contrary contained in this Act, lands and buildings being properties of the Government of India shall be exempted from the taxes on lands and buildings specified in section 84.”
• Section 99A, which specifies the Issue of no dues certificate for registration of certain documents, has been inserted, namely:
“A document in respect of sale, transfer, lease, gift or alienation, in any manner, of any land or building, situated in a municipal area, which is required to be registered under section 17 of the Registration Act, 1908 (Central Act 16 of 1908), shall not be registered unless the said document is accompanied with a no dues certificate issued by the authority as specified by the State Government, which shall remain valid for a period of three months or for such other time period, as may be specified by the State Government, from time to time, certifying that all municipal dues including rents, taxes, cesses, charges, fees, fines and penalties in respect of such lands and/or buildings as mentioned in the document, payable or recoverable under this Act or the rules, bye-laws or regulations made thereunder, have been fully paid.”
• Section 203H, which specifies the Issue of no objection certificate for sanction/release of electricity, water and sewerage connection, has been inserted, namely:
“Any person before making application to concerned authority for sanction/release of electricity, water and sewerage connection to any premises, shall obtain a no dues certificate from concerned Municipal Council or Municipal Committee, as the case may be and no authority shall sanction/release such connection unless no dues certificate is accompanied with the application.”
[Bill No. 04-HLA of 2021]
