The Government of Haryana on May 16, 2023, issued the Haryana Municipal Corporation (Amendment) Ordinance, 2023 to further amend the Haryana Municipal Corporation Act, 1994.
The following amendments have been stated:
• In section 6 which specifies Delimitation of Wards, for sub-section (1), the following sub-section has been substituted, namely: -
“(1) The total number of seats for each Corporation shall be fixed by the Government on the basis of the population drawn from the Family Information Data Repository established under the provisions of the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date, as may be notified by the Government:
Provided that where the population as drawn from Family Information Data Repository is less than 140 per centum of the number of electors registered in such areas as per the last published Electoral Roll, then the population equal to 140 per centum of the number of voters in the electoral roll of the area shall be considered.
Illustration. - (i) Where the population as per Family Information Data Repository is 150 and the number of voters in a ward as per the last published electoral roll is 100, the population after 140 per centum comes to 140. In this case, the population as per Family Information Data Repository shall be considered to be higher.
(ii) Where the population as per Family Information Data Repository is 125 and the number of voters in a ward as per the last published electoral roll is 100, the population after 140 per centum comes to 140. In this case, the population as per the last published electoral roll shall be considered being higher.”;
• In section 11 specifies Reservation of seats, for sub-section (4), the following sub-section shall be substituted, namely: -
“(4) (a) The seats shall be reserved for the Backward Classes ‘A’ in every Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that Corporation as one half of the proportion of Backward Classes ‘A’ population to the total population in that Corporation and rounded off to the next higher integer in case the decimal value is 0.5 or more; and such seats shall be allotted by a draw of lots among three times of the number of seats, proposed for reservation of Backward Classes ‘A’, after excluding those seats already reserved for Scheduled Castes, drawn from those seats which are having the largest percentage population of Backward Classes ‘A’ and also by rotation in the subsequent elections:
Provided that the Corporation shall have at least one member belonging to the Backward Classes ‘A’ if their population is two per centum or more of the total population of the Corporation:
Provided further that where the number of seats so reserved for Backward Classes ‘A’ under this sub-section added to the number of seats reserved for the Scheduled Castes exceeds fifty per centum of the total number of seats in that Corporation, then the number of seats reserved for the Backward Classes ‘A’ shall be restricted to such largest number that shall lead to the total of the seats reserved for the Backward Classes ‘A’ and Scheduled Castes not exceeding fifty per centum of the total seats in that Corporation.
Explanation. - (1) For the purposes of reservation of Backward Classes ‘A’ under this subsection, the population of the Municipal Corporation area and the population of Backward Classes ‘A’ in that Municipal Corporation shall be such as drawn from the Family Information Data Repository established under the provisions of the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date, as may be notified by the Government.
Explanation. - (2) For the purposes of the second proviso, fifty per centum of the total seats in the Corporation shall be taken as one-half of the total seats of the Corporation rounded up to the next higher integer where the decimal value is 0.5 or more or rounded down to the next lower integer where the decimal value is less than 0.5.
(b) Not less than one-third of the total number of seats reserved under this subsection shall be reserved for women belonging to the Backward Classes ‘A’ and such seats may be allotted by rotation and by lots amongst the wards reserved under this subsection.”;
[Notification No. Leg. 20/2023]
