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Haryana Act 3 of 2023

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0% found this document useful (0 votes)
27 views4 pages

Haryana Act 3 of 2023

Uploaded by

Kriti Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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lllurgunu (6surrnm wl GuVrttr

EXTRAORDINARY
Published by Authority
O Govt. of Harvana
No. l8-2023/Ext.l CHANDIGARH, TUESDAY, JANUARY 24TH, 2023
(MAGHA 4, l9ln SAKA )

LEGISLATIVE SUPPLEMENT
CONTENTS
PART.I ACTS PAGI]S

r. THE HARvANI inucHeyen RAJ (AMENDMENT) Acr, 2022 I t- r.l


(HARYANA ACT t lO. 3 OF 2023).
2. THE HARYANA ENTERPRISES PROMOTION (AMENDMENT) ACT, 2022 r5
(HARYANA ACT NO. 4 OF 2023).
3. THE HARYANA RURAL DEVELOPMENT (AMENDMENT) ACT, 2022 t7
(HARYANA ACT NO. 5 OF 2023).
PART.II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
NIL
PART.TV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
(v)
HARYANA GOVT. GAZ. (EXTRA.), JAN.24, 2023 (MAGH. 4, 1944 SAKA) ll
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Noailicstion
Ihe 24th January, 2023
No. Leg. 3/2023.- The following Act of the Legislaturc ofthc State ofHaryana received
the assent of the Govemor of Haryana on the l6th Ja ruy,2023 and is hereby published for
general information:
HAR,ANA Acr No. s oF 2021
THE HARYANA PANCIIAYATI RAJ (AMENDMENT) ACT,2022
AN
ACT
further to amend the Haryano Panchoyati Rai Ac,, 1994.
Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the
Republic oflndia as followsi
l. This Act may be called the Haryana Panchayati Raj (Amendment) Act, 2022. Shon t[le

2. After clause (xxi) ofsection 2 ofthe Haryana Panchayati Raj Act, 1994 (hereinafter called
of
seclion 2
the principal Act), the follovring clausc shall be inserted, namelyl HaryanaActllof
'(xxi-a) "Divisional Commissioner" means the Divisional Commissioner of the t 994

division;'.
3. In section 9 ofthe principal Act,-
of
section 9
(a) for sub-section (4), the following sub-section shall bc substituted and shall be HaryanaActllof
deemed to have been substituted with effect from the 2nd September,2022, 1994
namelyi
"(4) The wards of panch shall be reserved for the Backward Classes (A) in
every Gram Panchayat and the nunrber of wards so reserved shall bear, as nearly as
may b€, the same propo(ion to the total number of wards in that Gram Panchayat
as one-half of the percentage of population of Backward Classes (A) to the total
population in that Grati Sabha area and rounded off lo the next higher integer in
case the decimal value i;0.5 or more and such wards shall be allotted by draw of
lots among the wards olher than that rescrved for Scheduled Castes and also by
rotation in ihe subsequcnt elections:
Provided that every Gram Panchayat shall have at least one panch belonging
to the Backward Classes (A) if its population is two percent or more of the total
population ofthe sabha area and such ward shall be allotted by draw of lots among
the wards other than that reserved for Schcduled Castes and also by rotation in the
subsequent elections:
Provided further lhat where the number of wards so reserved for Backward
Classes (A) under this sub-section added to thc number of wards reserved for the
Scheduled Castes exceeds fifty perccnt ofthe total number of wards in that Gram
Panchayat, then the nuriber ofwards reserved for the Backward Classes (A) shall
be restricted to such largest numbel that shall lead to the iotal ofthe wards reserved
for the Backward Classrs (A) and Scheduled Castes not exceeding fifty percent of
the total wards in that Granl Panchayat.
Explenatio[.-For the purposes of reservation of Backward Classes (A) under this
suusection, the noputation of the Gram Sabha area and the population of
Backward Classcs (A) in said sabha area shall bc such, as may be drawn
from the Family Information Data Repository cstablished under the
provisions offte t{aryana Parivar Pehchan Act,202l (20 of202l), on such
date, as may be notified by the Covemment.";
t2 HARYANA GOVT. GAZ. (EXTRA.), JAN. 24, 2023 (MAGH. 4, 1944 SAKA)

(b) for suFsection (7), the following sub-section shall be substituted and shall be deemed
to have been substituted with effect from the 2nd September, 2022, namely:-
"(7) Eight perccnl of the total number of oflices of Sarpanch in a block and
rounded oIf to the next higher integ€r in casc the decimal value is 0.5 or more shall
be reserved for Backward Classes (A) and shall be allotted by draw of lots among the
highcst three timcs the number of Gram Panchayats proposed for reservation for
Backward Classes (A) which are having the largest percentage of population of
Backward Classes (A) after excluding those Gram Panchayats where the post of
Sarpanch is already rcscrved for Scheduled Castes under sub-section (5) and also by
rotation in the subsequcnt elections:
Provided that where the number of offices ofsarpanch in a block so reserved
for Backward Classes (A) under this sub-section added to the number of offices of
Sarpanch reserved for the Scheduled Castes in that block exceeds fifty percent ofthe
total numbcr of offices of Sarpanch in that block, then lhe number of ofiices of
Sarpanch rcserved for the Backward Classes (A) shall be restrided to such largest
number that shall lead to the total of the offices of Sarpanch reserved for the
Backward Classes (A) and Schedulcd Castes not exceeding fifty percent of thc total
offices ofSarpanch in that block.
Explarrtion.-For the purposes of reservation of Backward Classes (A) under this
sub.section, thc population of the block and the population of Backward
Classes (A) in said block shall bc such, as may be drawn from the Family
Information Data Repository established under the provisions of the Haryana
Parivar Pehchan Act,202l (20 of202l), on such date, as may be notified by
thc Govemment.".

4. In section 5l ofthe principal Act,-


section 5l of
Haryana Act I I (i) after sub-section (3), the following sub-section shall be inserted, namely:-
of 1994. "(3A) The Director or the Deputy Commissioner, as the case may be, shall
assess the amount due, if any, from the person removed under su seclion (3) on
account of any loss, waste or mis-application of Gram Fund or property as
consequence of his negligence or misconduct and the Deputy Commissioner shall
recover tlre amount of loss within a period ofthree months from the date of order and
if the amount is not recovered within the said period, the same shall be recovered as
arrcars of land revenue.";
(ii) in suFsection (5), for thc word "Govemment" occuring at the end, the words
"Divisional Comntissioner" shall be substituted.
5. In section 53 ofthe principal Act,-
sectron 5l of
Ilar,ana Acl II (i) in suUsection (2),-
of 1994. (a) for the words "Block Devclopment and Panchayat Oflicer", the rvords and
sign "Sub-Divisional Officer" shall be substituted;
(b) the words "and take necessary steps for its recovery" existing at the end shall
be cmitted;
(ii) after sub-section (4), the following sub-section shall be insened, namely:-
"(4A) The Deputy Commissioner shall recover the amount ofloss assessed by
the Sub-Divisional Oflicer within a peiiod ofthree months from the date oforder and
ifthc amoulrt is not recovered rvithin thc said period, the same shall be recovered as
arrcars of land revenue.".

6. For suFsection (4) of section 59 of the principal Act, the following suLsection shall be
sechon 59 of
substitutcd and shall be deemcd to havc been substitutcd with effect from the 2nd September,2022,
Har)ana Act I I
of I994 namelyi
"(4)The wards of member shall be reserved for the Backward Classes (A) in
every Panchayat Samiti and the number ofwards so reserved shall bear, as nearly as may be,
the same proportion to the total number ofwards in that Panchayat samiti as one-halfofthe
HARYANA GOVT. GAZ. (EXTRA.), JAN.24, 2023 (MAGH. 4, 1944 SAKA) l3

percentage ofpopulation of Backward Classes (A) to the total population in that block and
rounded off to the next higher integer in case thc decimal value is 0.5 or more and such
wards shall be allotted by draw of lots among the wards other than that reserved for
Scheduled Castes and also by rotation in the subsequent elections:
Provided lhat where the number of wards of Panchayat Samiti so reserved for
Backward Classes (A) added to the number of wards resewed for thc Scheduled Castes
exceeds fifty perccnt ofthc total number ofwards in that block, then the number of wards
reservcd for the Backward Classes (A) shall be rcstricted to such largest numbcr that lcad
to the total ofthe wards reserved for the Backward Classes (A) and Scheduled Castes not
exceeding fifty percent ofthe total number ofwards in that Panchayat Samiti.
Explanatiol.-For the purposes of reservation of Backward Classes (A) under this
sub'section, the population of the block and th€ Population of Backward
Classes (A) in said block shall be such, as may be drawn from the Family
Information Data Rcpository establishcd under the provisions of the
Haryana Parivar Pehchan Act, 2O2l (20 of 2021), on such date. as may be
notified by the Government.".
7. For sub-section (4) ofsection 120 ofthe principal Act, the following sub-section shall be Amendm€ntof
of
s€ction I 20
substituted and shall be deemed to have bcen substituted with eflect from the 2nd september, HaryanaActllof
2022, namely i t 994

"(4) The wards ofmember shall be reserved for the Backward Classes (A) in every
Zila Parishad and the number of wards so reserved shall bear, as nearly as may be, the
same proportion to the total number of wards in that Zila Parishad area as one-half of the
percentage of population of Backward Classes (A) to thc total population in that Zila
Parishad area and rounded offto the next higher integer in case the decimal value is 0.5 or
more and shall be allotted by draw oflots among the highest three times ofthe number of
wards of Zila Parishad proposed for reservation of Backward Classes (A) which arc
having the largest percentage population of Backward Classes (A) after excluding those
wards of Zila Parishad already reserved for Scheduled Castes and also by rotation in the
subsequent elections:
Provided that where thc number of wards of Zila Parishad so reserved for
Backward Classes (A) undcr this sub-section added to the number of wards reserved for
the Scheduled Castes exceeds fifty percent of the total number of wards in that Zila
Parishad, then the number of wards of Zila Parishad reserved for the Backward Classes
(A) shall be restricted to such largest number that shall lead to the total of the wards
reserved for the Backward Classes (A) and Scheduled Castes nol exceeding fifty percent
ofthe total number ofwards in that Zila Parishad.
Explanatiou.-For the purposcs of reservation of Backward Classes (A) under this
sub-section, the population of the Zila Parishad area and the population of
Backward Classes (A) in said area shall be such, as may be drawn from the
Family Information Data Repository established under the provisions of the
Haryana Parivar Pchchan Act, 2021 (20 of 2021), on such date, as may be
notified by the Govemment.".
8, (I )The Haryana Panchayati Raj (Amendment) Ordinance, 2022 (Haryana Ordinance Rcpeal and
savrng
No. I of2022), is hereby repealed.
(2) Notwithstanding such repeal, anything donc or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Acl.

BIMLESH TANWAR,
ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,
LAW AND LEGISLATIVE DEPARTMENT.

t0149-L R.-H.G.P, Pkt

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