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