Haryana

HARYANA VIDHAN SABHA PASSED SEVEN BILLS

November 06, 2020 09:29 PM

Chandigarh (Face2News)  

A total of seven bills were passed in the Haryana Vidhan Sabha session today, including the Haryana Control of Organised Crime Bill, 2020, Haryana Municipal (Second Amendment) Bill, 2020, Haryana Municipal Corporation (Second Amendment) Bill, 2020 Haryana Law Officer (Appropriation) Amendment Bill, 2020, Haryana Panchayati Raj (Second Amendment) Bill, 2020, Haryana Public Finance Accountability (Amendment) Bill, 2020, and Punjab Land Revenue (Haryana Amendment) Bill, 2020.

The Haryana Control of Organised Crime Bill, 2020

The Bill has been enacted to make special provisions for prevention and control of and for coping with criminal activity by organised crime syndicate or gang and for matters connected therewith or incidental thereto.

A study of crime trends in Haryana during the last decade has revealed that the State has been witnessing a shift in the patterns of crime. While earlier heinous crimes such as murder, dacoity, robbery, kidnapping and extortion were committed by individuals acting alone or in concert, the last decade has witnessed the rise of gangsterism and organized crime in Haryana. Gangs of new age criminals have started pursuing a life in crime as a well organized criminal enterprise.

Instances have come to notice where organized criminal gangs operating in certain districts of Haryana have established a well organized network of criminals including shooters, informers, spotters and arms suppliers. Properly structured with well defined membership and hierarchy, these gangs are primarily focusing on contract killings, threat based extortion from businessmen, smuggling of drugs, protection rackets etc. which have the potential to generate huge profits. These gangs utilize the proceeds of crime for amassing property, looking after their associates who are in jail, hiring expensive criminal lawyers and killing the witnesses who dare to testify against them.

Such criminals also exploit the reformative and rehabilitative aspects of criminal law and procedure and upon being released from custody for committing further crimes. Over a period these gangs acquire a scary profile and image in the public which is larger than life. Such an image helps these gangs in extorting protection money from businessmen and industrialists, thus further enriching their coffers.

There is a rising consensus among the policy makers and internal security experts that such criminal activities require stringent law for effective tackling. Special legislations have already been enacted in some states. For example the State of Maharashtra had enacted Maharashtra Control of Organized Crime Act in 1999 which was subsequently adopted by the National capital territory of Delhi also. The State of Uttar Pradesh, Gujarat and Karnataka have also enacted their respective Acts.

In view of the emerging situation of organized crime in the State of Haryana, it has become imperative to introduce a similar legislation the State which ensures effective legal action against the gangsters, leaders and members of organized criminal gangs. Such a strong legislation shall also suitably empower the police in a lawful manner to take strong and deterrent but lawful action against the criminals. Special provisions also need to be enacted for forfeiture of the property acquired from proceeds of crimes and to create a provision for special courts and special prosecutor for handling the trials of offences under this Act.

The Haryana Municipal (Second Amendment) Bill, 2020: The Haryana Vidhan Sabha today passed The Haryana Municipal (Second Amendment) Bill, 2020 to further amend the Haryana Municipal Act, 1973.

In a notification dated 04.09.2019 issued by Law and Legislative Department, the provisions of direct election of President by the eligible voters in the Municipal Council/Committee were made in the relevant Sections of the Haryana Municipal Act, 1973. Further, Haryana Municipal Election Rules 1978 are also in the process of amendment.

Earlier, before making the provisions of direct elections of President by the eligible voters in Municipal Council/Committee, by amending the relevant sections of the Haryana Municipal Act, 1973, the word "President” has been omitted as previously President was elected from amongst the elected members of the Municipal Council/Committee. In this context from Section 21 of the Act, where the provision of no confidence motion against President and Vice President was available, the word President has been omitted, due to which presently there is no provision under the Act to remove the President by way of no confidence motion.

It has been realized that the provision of no confidence motion should he available under the Act as was available earlier, so that if the concerned President of Municipal Council/Committee does not work in the public interest and loose the confidence of three-fourth elected members of the concerned Municipal Council/Committee, no confidence motion can be carried out against the President. Therefore, a new Section 17A and 17B are required to be inserted after the heading "PRESIDENT AND VICE PRESIDENT”. In the Haryana Municipal Act, 1973 for making the provision to carry out the motion of No Confidence against the President who has been elected directly the eligible voters. Further, sub-section (4) of Section-21 of the principle Act is to be omitted. 

Haryana Municipal Corporation (Second Amendment) Bill, 2020:  The Haryana Vidhan Sabha today passed the Haryana Municipal Corporation (Second Amendment) Bill, 2020 to further amend the Haryana Municipal Corporation Act, 1994.

In a notification dated 04.10.2018 issued by Law and Legislative Department, the provisions of direct election of Mayor by the eligible voters in the Municipal Corporations were made in the relevant Sections of the Haryana Municipal Corporation Act, 1994. Further, Haryana Municipal Corporation Election Rules, 1994 have also been amended vide Urban Local Bodies Department Notification No. 2/10/2018-R-II dated 14.11.2018 and accordingly elections of Mayors in five Corporations namely, Rohtak, Panipat, Karnal, Yamuna Nagar and Hisar have been held on dated 16.12.2018.

Earlier, before making the provisions of direct elections of Mayor by the eligible voters in Municipal Corporation Act, 1994, by amending the relevant sections of the Haryana Municipal Corporation Act, 1994, the word 'Mayor' has been omitted as previously Mayor was elected from amongst the elected members of the Municipal Corporation. In this context, from Section 37 of the Act, where the provision for removal of Mayor, Senior Deputy Mayor and Deputy Mayor by way of no confidence motion was provided the word "Mayor" has been omitted, due to which presently there is no provision under the Act to remove the "Mayor" by way of no confidence motion.

It has been realized that the provision of no confidence motion should be available under the Act as was available earlier, so that if the concerned Mayor does not work in the public interest and loose the confidence of three-fourth elected members of the concerned Municipal Corporation, no confidence motion can be carried out against the Mayor. Therefore, Section 37B is to be inserted in the Haryana Municipal Corporation Act, 1994 for making the provision to carry out the motion of No Confidence against the Mayor who has been elected directly by the eligible voters. Further, section 37C is also to be inserted in the Act for making the provision of discharge the functions of Mayor, when the office of Mayor is vacant, by the Senior Deputy Mayor or Deputy Mayor or in their absence by concerned Divisional Commissioner.

As per the second proviso to section 164(c) of the Haryana Municipal Corporation Act, 1994, the shops & houses of Municipal Corporations can only be transferred at collector rate to the occupiers who are in possession of the house & shop from last 20 years on lease/rent/ license fee/tehbazari or otherwise, subject to prior approval of such authority as may be prescribed.

It has been observed that the rates for sale of these Municipal shops & houses on lease/rent/license fee/tehbazari or otherwise are not commensurate with the affordability of these shopkeepers having small income, to purchase at collector rate by paying one time lump sum amount. Hence, the rates for sale of these shops/houses need to be linked with period of possession as well as size, so as to make it more realistic and viable for the occupiers to purchase it.

Further, due to nominal rent earned by Municipal Corporations which may be even less than the interest earned on the amounts of sale proceeds of these Municipal shops & houses. It has also been realized that a Policy should be framed by the Government by including terms & conditions which may vary for different classes and categories of persons for granting ownership rights in respect of shops & houses of Municipal Corporations which are on lease/rent/ license fee/tehbazari or otherwise for the last twenty years.

Furthermore, in case of Municipal Councils and Committees, Rules have already been provided for disposal of Municipal sites/buildings (which includes Municipal shops) under Rule 8 (2) of the Haryana Management of Municipal Properties and State Property Rules, 2007.

In view of the above, an amendment is required to be made in second proviso to section 164(c) of the Haryana Municipal Corporation Act, 1994 so as to ensure uniformity of such provisions in case of Municipal Corporations as well as to make Policy for sale of Municipal shops & houses to occupiers who are in possession of such shops & houses for last twenty years, on the rate determined by the Government. 

The Haryana Law Officers (Engagement) Amendment Bill, 2020 :

The Haryana Law Officers (Engagement) Amendment Bill, 2020 has been passed to further amend the Haryana Law Officers (Engagement) Act, 2016.

The Haryana Law Officers (Engagement) Act, 2016 was notified on 14.09.2016 with the objective to provide for a system of engagement of Law Officers in the office of Advocate General, Haryana in transparent, fair and objective manner and for a matters connected there with or incidental thereto. However, despite the clear objective of engagement of Law Officers on Contract basis, in sections 2(c), 4, 5, 6(1), 6(3), 8, 12, 14 and 17 of the Act, the words "appointed, appointing and appointment" have been used in advertently whereas, the words "engaged, engaging and engagement" should have been used therein.

The use of the words "appointed, appointing and appointment" in the above mentioned sections of the Act may give a wrong impression of nature of job as permanent service though in the Act, it has been specifically mentioned that their engagement is on contractual basis. Thus use of these words may create confusion. Therefore, it is necessary to correct the inadvertent mistake of using of the words "appointed, appointing and appointment" in sections 2(c), 4, 5, 6(1), 6(3), 8, 12, 14 and 17 of the Act, by way of amendment in order to maintain the spirit of the Act.

Further, keeping in view the strength of Judges in the High Court and Supreme Court of India, the strength of Advocates to be engaged on basis of special qualification and experience under proviso to sub-section (3) of the section 6 of the Act need to be increased from 5 to 10 to deal with specialized nature of cases. Presently, there is no provision for re-designation of law officer to any higher post of law officers despite his engagement on recommendation of the Selection Committee after acquiring long experience and requirements prescribed for the higher posts. Hence, a new section 9(A) is required to be inserted to provide such provision of re-designation of law officer against higher posts. 

The Haryana Panchayati Raj (Second Amendment) Bill, 2020: 

The Haryana Vidhan Sabha today passed The Haryana Panchayati Raj (Second Amendment) Bill, 2020 to further to amend the Haryana Panchayati Raj Act, 1994.

This amendment has been proposed to give effect to the constitutional provisions and to enhance participation of women in all three tiers of Panchayati Raj Institutions while ensuring adequate and equal representation in respect of gender in the Gram Panchayats, Panchayat Samitis and Zila Parishads.

This amendment is also seeks to provide reservation for the Backward Classes belonging to the 'A' category for the post of Sarpanches and members of Panchayat Samiti and Zila Parishad. This progressive change will help in empowerment and uplift the more disadvantaged amongst the Backward Classes.

The amendment also introduces a provision for recall of an elected Sarpanch, members of Panchayat Samiti and Zila Parishad increasing their accountability to their electorate. The intent of the provision is to enhance democratic accountability of the governing in Panchayati Raj Institutions towards the governed. 

The Haryana Accountability of Public Finances (Amendment) Bill, 2020:  The Haryana Vidhan Sabha today passed The Haryana Accountability of Public Finances (Amendment) Bill, 2020 to further amend the Haryana Accountability of Public Finances Act, 2019.

The Act was amended to provide for accountability in the financial administration of the State by way of an efficient and effective system to facilitate accountability through appropriate accounting and internal auditing system in all the Departments, Boards, Corporations, Co-operative Societies, Universities, local authorities, statutory bodies, public institutions, and other authorities established, controlled or financed by the State Government, Non-Government Organizations which receive grant-in-aid contribution from State Government and all those entities that receive public monies from the State Government in any form including organizations which receive funds from the consolidated fund of the State. 

The Punjab Land Revenue (Haryana Amendment) Bill, 2020: The Punjab Land Revenue (Haryana Amendment) Bill, 2020 has been enacted to further amend the Punjab Land Revenue Act, 1887, in its application to the State of Haryana.

An amendment of Punjab Land Revenue Act, 1887, so as to provide for speedy disposal of partition proceedings pending before the revenue court.

It has been observed that partition proceedings pending before the revenue courts take long time as there is a no statutory limit to decide the same. As a consequence the landowners, specially the rural masses, have to face prolonged litigation. Besides, there is a general tendency to purchase land in share and thereafter, get the Girdawari done in specific Khasra numbers on the basis of mention of the same in the sale deeds.

Resultantly, there is multifarious litigation both in civil as well as revenue courts. In order to cut short the delay in partition as well as to reduce litigation, it has been felt that necessary amendments be carried out in the Punjab Land Revenue Act, 1887. This will provide relief to all the landowners, especially the peasants and will boost agricultural efficiency by lessening the burden of litigation and ensuring time bound partition. Keeping in view the said position as well as public interest, it is necessary to insert sections 111-A and 118-A after sections 111 and 118 respectively in the Punjab Land Revenue Act, 1887.  

 

 
Have something to say? Post your comment
Copyright © 2017, Face 2 News, All rights reserved. Terms & Conditions Privacy Policy Disclaimers