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State of Haryana - Section

Section 257 in The Haryana Municipal Act, 1973

257. Power of State Government to frame norms and make rules.

(1)The State Government may frame norms for any proceeding of a committee and may make any rules consistent with this Act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power may make rules-
(a)with respect to the powers and duties of committee [-] [The words 'in municipality of the first and second class' omitted by Haryana Act No. 12 of 1979.]. ;
(b)as to the division of municipalities into wards, or of the inhabitants into classes, or both;
(c)as to the number of representatives proper for each ward or class;
(d)as to the qualifications of electors and of candidates for election;
(e)as to the registration of electors;
(f)as to the nomination of candidates, the time of election and the mode of recording votes;
(g)regulating the procedure for elections under this Act, the contribution towards election expenses by candidates, the deposit of security by candidates and the conditions of forfeiture of such deposits;
(h)prescribing the qualifications requisite in the case of persons appointed by a committee to offices requiring professional skill;
(i)as to the priority to be given to the several duties of the committee;
(j)as to the authority on which money may be paid from the municipal fund;
(k)as to the appointment, promotion, suspension, reduction, fining and dismissed of municipal watchmen;
(l)as to the formation and working of municipal fire-brigades and the provision of implements, machinery or means of communicating intelligence for the efficient discharge of their duties by such brigades;
(m)as to the procedure to be observed for the employment, punishment, suspension or removal or other conditions of services of members of Municipal Services and other employees of the committee and as to appeals from orders of punishment or removal;
(n)as to the conditions on which property may be acquired by the committee or on which property vested in the committee may be transferred by sale, mortgage, leave, exchange or otherwise;
(o)as to the intermediate office or offices, if any, through which correspondence between committees or members of committees and the State Government or officers of that Government shall pass;
(p)for the preparation of plans and estimates for works, partly or wholly to be constructed at the expense of committees, and for the preparation and periodical revision of maps and registers made under Section 62 and for the authorities by which and the conditions, subject to which such plans, estimates, maps and registers are to be prepared and sanctioned;
(q)for the regulation of contracts with electric supply companies for the supply of electric energy;
(r)for the assessment and collection of, and for the compounding for, refunding or limiting refunds of taxes imposed under this Act, and for preventing evasion of the same; and for fixing the fees payable for notices of demand;
(s)as to the conditions on which a municipal committee may receive animals or articles into a bonded-warehouse and as to the agreements to be signed by traders or others wishing to deposit animals or articles therein;
(t)as to the accounts to be kept by committees, as to the conditions on which such accounts are to be opened to inspection by inhabitants paying any tax under this Act, as to the manner in which such accounts are to be audited and published, and as to the power of the auditors in respect of disallowance and surcharge;
(u)as to the preparation of estimates of income and expenditure of committees, and as to the persons by whom, and the conditions subject to which, such estimates may be sanctioned;
(v)as to the returns, statements and reports to be submitted by committees;
(w)as to the powers to be exercised by Deputy Commissioner under Section 252 and the powers to be exercised by such Local Self-Government Board or Inspectorate as the State Government may establish;
(x)as to the language in which business shall be transacted, proceedings recorded and notice issued;
(y)as to the publication of notices;
(z)to regulate the proceedings of persons empowered to accept composition under Section 244 alleged offences;
(zi)mode of assessment, apportionment of compensation under Section 154 amongst, and payment to, the persons entitled thereto;
(i)for the definition of corrupt practices at elections held under the provisions of this Act which are to be deemed to be corrupt;
(ii)for the investigation of allegations of corrupt practices;
(iii)for making void the election of any person proved to the satisfaction of the State Government to have been guilty of a corrupt practice or to have connived at or abetted the commission of a corrupt practice or whose agent has been so proved guilty, or the result of whose election has been materially affected by the breach of any law or rule for the time being in force;
(iv)for rendering incapable of municipal office, any person who may have been proved guilty as aforesaid of a corrupt practice or of conniving at or abetting the same;
(v)for prescribing the authority by which questions relating to the matters referred to in clauses (d), (e) and (f) of sub-section (1) shall be determined; and
(vi)for authorizing courts take to cognizance of the breach of any such rules on the complaint of the Deputy Commissioner or some person authorised by Deputy Commissioner; or
(zii)mode of communication of the order under Section 154 to the persons affected thereby;
(ziii)the manner in which the compost is to be made;
(ziv)as to the establishment of training institution for employees of committees and course of training for different classes of employees;
(zv)as to the imposition of fine where owners do not take advantage of amenities provided by the committees, such as electricity, tap-water supply, sewerage, etc.;
(zvi)as to regulate the charges to be paid to the Safai Mazdoors engaged in house scavenging;
(zvii)to regulate the erection and setting up of substantial boundary marks, defining the limits or altered limits of the area subject to its authority;
(zviii)as to the penalty for cutting streets or removal of obstruction or encumbrances obstructing streets or drains;
(zix)as to the exemption to a committee from liability to any forfeiture, penalty or damages for cutting of the supply of water or not supplying water in case of draught or other unavoidable cause of accidents, etc.
(zx)as to regulate the licensing of markets, forming of markets, collections of rents and fees and removal of such persons who occupy stall, or places in markets in an unauthorised manner;
(zxi)as to the constitution of committees consisting of official and non-official members at Divisional and District Headquarters, to examine and discuss the annual accounts and the reports of the committees and to suggest remedial measure thereto;
(zxii)[ as to the manner in which the seats in the District Planning Committees shall be filled in; [Clauses zxiii to zxv substituted by Haryana Act No. 3 of 1994.]
(zxiii)as to the manner in which the Chairpersons of the District Planning Committees shall be chosen;
(zxiv)as to the functions relating to the District Planning Committees;
(zxv)generally for carrying out the purposes of this Act.
(3)The Municipal Account Code at person in operation in the municipalities in the State of Haryana shall be deemed to have been made in pursuance of the powers conferred upon the State Government by sub-section (1) of this section.
(4)In making rules under clauses (d) to (g), and clauses (l) and (r), of sub-section (1), the State Government may direct that a breach of any provision thereof shall be punished with a fine which shall not be less than fifty rupees and more than five hundred rupees.
(5)All rules made under this Act shall be subject to previous publication.
(6)A rule under this section may be general for all municipalities or may be special for the whole or any part of any one or more municipalities as the State Government directs.]
(7)[ The State Government shall make rules pertaining to the matters of elections, in consultation with State Election Commission, under this Act.] [Added by Haryana Act No. 33 of 2019, dated 4.9.2019.][Chapter XIII] [Omitted vide Haryana Act No. 12 of 1979.]