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State of Haryana - Section

Section 4 in Haryana Municipal Corporation Act, 1994

4. Incorporation and constitution of Corporation.

(1)The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and may by the said name sue and be sued.
(2)[ Save as provided in sub-section (3), all seats in the Corporation including a Mayor shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose the Municipal area shall by a notification issued in this behalf be divided into territorial constituencies to be known as wards.] [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.]
(3)In addition to the persons chosen by direct election from the territorial constituencies, the Government may, by notification, nominate the following categories of persons as members of the Municipal Corporation :-
(i)[ not more than three persons having special knowledge or experience in municipal administration;] [Clause ommitted by Haryana Act No. 19 of 1996. Added again by Haryana Act No. 9 of 2005.]
(ii)members of the House of the People and the members of the Legislative Assembly representing constituencies which comprise wholly or Partly the Municipal Area;
(iii)members of the Council of States registered as electors within the Municipal Area :
[Provided that the persons referred to in clause (i) above shall not have the right to vote in the meetings of the Corporation;] [Proviso added by Haryana Act No. 9 of 2005.][Provided further that the persons referred to in clauses (ii) and (iii) above shall neither have right to contest for the election of [*] [Substituted vide Haryana Act No. 19 of 1996.] Senior Deputy Mayor or Deputy Mayor nor right to vote in the meetings for the election of [*] [Omitted 'Mayor,' by Haryana Act No. 28 of 2018, dated 4.10.2018.] Senior Deputy Mayor and Deputy Mayor and in meetings for consideration of resolution for removal of Mayor, Senior Deputy Mayor and Deputy Mayor of the Corporation, as the case may be.]
(4)As soon as as may be after the commencement of this Act a Corporation comprising of the members as provided under sub-sections (2) and (3) of the section shall be constituted :[Provided that the first election to the Corporation constituted after the commencement of this Act may be held within a period of [[[five years] [Substituted by Haryana Act No. 34 of 2008.]]] of its being notified as a Corporation.]
(5)Notwithstanding anything contained in sub-section (4), after the commencement of this Act, all powers and duties conferred and imposed upon the Corporation by or under this Act, or any other law, shall be exercised and performed by the Commissioner till a Corporation is constituted under the aforesaid sub-section.