Seven bills passed on the third day of the winter session of Haryana Legislative Assembly*
- *The Haryana Sikh Gurdwaras (Management) Amendment Bill, 2024*
- The Haryana Panchayati Raj (Amendment) Bill, 2024*
- *Haryana Village Common Lands (Regulation) Amendment Bill, 2024*
- *Haryana Municipal (Amendment) Bill, 2024*
- *The Haryana Municipal Corporation (Amendment) Bill, 2024*
- *The Haryana Development and Regulation of Urban Areas (Amendment) Bill, 2024*
- *The Haryana Contractual Employees (Security of Service) Bill, 2024*
Chandigarh, November 18- Seven bills were passed after discussion in the third day of winter session of the Haryana Legislative Assembly here today. These include the Haryana Panchayati Raj (Amendment) Bill, 2024, the Haryana Village Common Lands (Regulation) Amendment Bill, 2024,the Haryana Municipal (Amendment) Bill, 2024, the Haryana Municipal Corporation (Amendment) Bill, 2024, the Haryana Development and Regulation of Urban Areas (Amendment) Bill, 2024, the Haryana Sikh Gurdwaras (Management) Amendment Bill, 2024 and the Haryana Contractual Employees (Security of Service) Bill, 2024.
*The Haryana Panchayati Raj (Amendment) Bill, 2024*
The Haryana Panchayati Raj (Amendment) Bill, 2024 was passed to amend the Haryana Panchayati Raj Act, 1994.
With a view to give proportionate reservation to the persons belonging to Backward Classes (B) in the Panchayati Raj Institutions as per the recommendation of the Haryana Backward Classes Commission, the State Government proposes to amend sections 9, 59 and 120 of the Haryana Panchayati Raj Act, 1994. This progressive change will help in empowerment and upliftment of the disadvantaged persons amongst the Backward Classes.
*Haryana Village Common Lands (Regulation) Amendment Bill, 2024*
Haryana Village Common Lands (Regulation) Amendment Bill, 2024 was passed to amend the Haryana Village Common Lands (Regulation) Act, 1961.
Whereas lands in shamilat deh were allotted on lease basis under the Haryana Utilization of Lands Act, 1949 for cultivation purpose. Even after expiry of lease period, these lessees remained in possession of the lands despite eviction orders were passed by various courts. The Hon'ble Supreme Court on 24.09.1986, in one of the matters, 'Bodhni Chaman Ex-servicemen Cooperative Tenants Farming Society Ltd. Etc. Versus State of Haryana and others' had observed that Government may acquire the lands and allot them to the petitioners on condition of their paying the price of the lands or allot another piece of land elsewhere to the petitioners considering their pitiable condition. However, the necessary rehabilitation measures could not be undertaken by the Government at that point of time. It has, therefore, been proposed by way of present amendment that such lands in shamilat deh, which were allotted on lease basis for a period of 20 years under the Haryana Utilization of Lands Act, 1949 and the said land has been in continuous cultivating possession of the original lessee, transferee or his legal heir as per revenue record, is proposed to be excluded from the ambit of shamilat deh with immediate effect. It has also been proposed that the original lessee, transferee or his legal heir will have to pay an amount to the Gram Panchayat concerned, as may be determined by the Collector concerned on an application made by the occupant in such principle and manner as may be prescribed.
Though there is a provision in the Punjab Village Common Lands (Regulation) Rules, 1964 for regularization of an unauthorized constructed house on shamilat land upto 200 square yards but there are several instances where the persons have occupied and constructed their houses on more than 200 square yards land. If such unauthorized constructions are demolished to restore the land back to the Panchayats, it would not only cause hardship to such persons but may also lead to costly and time consuming litigation. Therefore, it has been proposed to transfer such land in shamilat deh by sale, to the inhabitants of the village, who have constructed their houses on or before 31 March, 2004, upto a maximum of 500 square yards including open space, at a rate not less than market rate.
*Haryana Municipal (Amendment) Bill, 2024*
The Haryana Municipal (Amendment) Bill, 2024 has been passed to amend the Haryana Municipal Act, 1973.
As per the amendment the seats shall be reserved for the Backward Classes 'B' in every Municipal Council/Committee and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that Municipal Council/Committee as one-half of the proportion of Backward Classes 'B' population to the total population in that Municipal Council/Committee and rounded off to the next higher integer in case the decimal value is 0.5 or more; and such seats shall be allotted by draw of lots among three times of the number of seats, proposed for reservation of Backward Classes 'B', after excluding those seats already reserved for Scheduled Castes and Backward Classes 'A', drawn from those seats which are having the largest percentage population of Backward Classes 'B'.
The composition of Municipalities is guided by the reservation policy contemplated in Article 243-T of the Constitution of India, wherein clause (6) provides that 'Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. Hon'ble Supreme Court of India vide its judgment dated 11.05.2010 in Dr. K. Krishna Murthy & Ors. Versus Union of India & Anr. (2010) 7 SCC 202 while upholding the constitutional validity of the Article 243-T(6) observed that this provision enables State Legislatures to reserve seats and chairperson posts in favour of backward classes.
Hon'ble Supreme Court of India vide its judgment dated 04.03.2021 passed in writ petition (Civil) No. 980 of 2019 titled as Vikas Kishanrao Gawali Versus State of Maharashtra and others further observed that the State Legislation cannot simply provide uniform and rigid quantum of reservation of seats for Backward Classes in the Local Bodies across the State, that too without a proper inquiry into the nature and implications of backwardness by an independent Commission. The triple test conditions required to be complied with by the State before reserving seats in the Local Bodies for Backward Classes are as under:- To set up a dedicated Commission to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua Local Bodies, within the State. To specify the proportion of reservation required to be provisioned, Local Body-wise, in the light of recommendations of the Commission, so as not to fall foul of over breadth; and in any case such reservation shall not breach the upper ceiling of 50% vertical reservation in favour of SCs/STs/OBCs taken together.
Haryana Backward Classes Commission was constituted vide Government notification dated 12.07.2022 of Welfare of Scheduled Castes and Backward Classes Department, among other functions, to study and recommend the proportion of reservation for backward classes required to be provisioned in Panchayati Raj Institutions and Municipalities in the State. Earlier, the Haryana Backward Classes Commission recommended to provide reservation for Backward Classes 'A' in the elections of municipalities, which were accepted in Council of Ministers meeting dated 08.05.2023. Accordingly, provision was made under Section 6 & 11 of the Haryana Municipal Corporation Act, 1994 vide Act No. 25 of 2023 dated 19.09.2023 that the seat shall be reserved for the Backward Classes 'A' in every Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that Corporation as one-half of the proportion of Backward Classes 'A' population to the total population in that Corporation.
The last census in India in which the data on caste was included was conducted in 1931. Since 1951 every census has published the population of Scheduled Castes and Scheduled Tribes only. Thus, figures of population of Backward Classes 'B' are not available in the Census. Government has established Family Information Data Repository (FIDR) under the Haryana Parivar Pehchan Act, 2021 (20 of 2021) wherein the information about residents of Haryana constituted in families is available which is dynamically updated and periodically verified.
Hence, data available in FIDR has been considered for purpose of reservation for Backward Classes 'A' in the elections of Municipal Corporations. Reservation of seats for Backward Classes 'A' and fixation of total number of seats for each Corporation shall be done on the basis of population figures including that of Backward Classes 'A' drawn from Family Information Data Repository established under the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date as may be notified by the Government.
According to elector-population (EP) ratio, for every 1000 persons, the number of eligible electors is nearly 700 in State. As enrolling for Family Id is a voluntary process and there is a likelihood that in certain pockets a majority of residents may not have registered in FIDR, thus it has also been considered that where the population as drawn from Family Information Data Repository is less than 140 per centum of the number of electors registered in such areas as per the last published Electoral Roll, the population shall be considered equal to 140 per centum of the number of voters in the last published Electoral Roll of the area. Further, the limit for variation of population in wards of a Corporation has been increased from 10 per centum to 20 per centum above or below the average population per ward by amending the Rule 7 of the Haryana Municipal Corporation Delimitation of Ward Rules, 1994 in consultation with State Election Commission, Haryana.
For incorporating the recommendation of Haryana Backward Classes Commission to provide eight per centum reservation for Backward Classes 'A' in the offices of Mayor in Municipal Corporation, a provision has been made under Rule 71(7) of the Haryana Municipal Corporation Election Rules, 1994 in consultation with the State Election Commission, Haryana.
Now, the Haryana Backward Classes Commission has also recommended vide its report dated 05.08.2024 to provide the reservation for Backward Classes 'B' in the elections of municipalities to the extent that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that municipality as one-half of the proportion of Backward Classes 'B' population to the total population in that municipality. An Ordinance No. 03 of 2024 has been promulgated on dated 16.08.2024 for provisioning the reseration to the Backward Classes 'B' for contesting the elections in Municipal Corporations.
Further, it has been recommended to provide five percentum reservation for Backward Classes 'B' in the Offices of Mayors in the Municipal Corporations, for which provision is to be made under Rule 71(7) the Haryana Municipal Corporation Election Rules, 1994 in consultation with the State Election Commission, Haryana.
To comply with the third condition of the triple test laid down by the Hon'ble Supreme Court of India, the total reservation in seats for Scheduled Castes, Backward Classes 'A' and Backward Classes 'B' shall not exceed 50 per centum of the total number of seats in a Corporation. If so happens, then firstly the number of seats reserved for Backward Classes 'B' and secondly the seats reserved for Backward Classes 'A' shall be restricted to such largest number that shall lead to total seats reserved for Scheduled Castes, Backward Classés 'A'and Backward Classes 'B'not exceed 50 per centum of the total number of seats in that Corporation. The reservation of seats for Backward Classes 'B' for each Corporation shall be done on the basis of population figures drawn from Family Information Data Repository established under the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date as may be notified by the Government.
Hence, for provisioning to locate the wards for Backward Classes 'B' and to make the provision for reservation to the Backward Classes 'B' in the seats of each Corporation, an amendment in Section 6 and 11 of the Haryana Municipal Corporation Act, 1994 is required to be made w.e.f. dated 16.08.2024.
*The Haryana Municipal Corporation (Amendment) Bill, 2024*
The Haryana Municipal Corporation (Amendment) Bill, 2024 has been passed to amend the Haryana Municipal Corporation Act, 1994.
According to the amendment, seats shall be reserved for Backward Class 'B' in each Corporation and the number of seats so reserved shall be, as nearly as possible, in proportion to the total number of seats in that Corporation, which shall be half the proportion of population of Backward Class 'B' according to the total population of that Corporation and if the decimal point is 0.5 or more, it shall be rounded off to the next higher integer, and after excluding the seats already reserved for Scheduled Castes and Backward Class 'A', such seats shall be allotted by draw of lots out of three times the number of seats proposed for reservation for Backward Class 'B' obtained from those seats which have the maximum percentage of population of Backward Class 'B'.
Hon'ble Supreme Court of India vide its judgment dated 04.03.2021 passed in writ petition (Civil) No. 980 of 2019 titled as Vikas Kishanrao Gawali Versus State of Maharashtra and others further observed that the State Legislation cannot simply provide uniform and rigid quantum of reservation of seats for Backward Classes in the Local Bodies across the State, that too without a proper inquiry into the nature and implications of backwardness by an independent Commission. The triple test conditions required to be complied with by the State before reserving seats in the Local Bodies for Backward Classes are as under:-
To set up a dedicated Commission to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua Local Bodies, within the State. To specify the proportion of reservation required to be provisioned, Local Body-wise, in the light of recommendations of the Commission, so as not to fall foul of over breadth; and In any case such reservation shall not breach the upper ceiling of 50% vertical reservation in favour of SCs/STs/OBCs taken together.
In another Writ Petition (Civil) No. 278 of 2022 titled 'Suresh Mahajan Versus State of Madhya Pradesh and Another', the Hon'ble Supreme Court vide its order dated 10.05.2022, has observed that until the triple test formality is completed 'in all respects' by the State Governments, no reservation for OBCs can be provisioned and directed all the State Governments and the respective State Election Commissions to abide by the same without fail to uphold the constitutional mandate.
Haryana Backward Classes Commission was constituted vide Government notification dated 12.07.2022 of Welfare of Scheduled Castes and Backward Classes Department, among other functions, to study and recommend the proportion of reservation for backward classes required to be provisioned in Panchayati Raj Institutions and Municipalities in the State. Earlier, the Haryana Backward Classes Commission recommended to provide reservation for Backward Classes 'A' in the elections of municipalities, which were accepted in Council of Ministers meeting dated 08.05.2023. Accordingly, provision was made under Section 6 & 11 of the Haryana Municipal Corporation Act, 1994 vide Act No. 25 of 2023 dated 19.09.2023 that the seat shall be reserved for the Backward Classes 'A' in every Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that Corporation as one-half of the proportion of Backward Classes 'A' population to the total population in that Corporation.
The last census in India in which the data on caste was included was conducted in 1931. Since 1951 every census has published the population of Scheduled Castes and Scheduled Tribes only. Thus, figures of population of Backward Classes 'B' are not available in the Census. Government has established Family Information Data Repository (FIDR) under the Haryana Parivar Pehchan Act, 2021 (20 of 2021) wherein the information about residents of Haryana constituted in families is available which is dynamically updated and periodically verified.
Hence, data available in FIDR has been considered for purpose of reservation for Backward Classes 'A' in the elections of Municipal Corporations. Reservation of seats for Backward Classes 'A' and fixation of total number of seats for each Corporation shall be done on the basis of population figures including that of Backward Classes 'A' drawn from Family Information Data Repository established under the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date as may be notified by the Government.
According to elector-population (EP) ratio, for every 1000 persons, the number of eligible electors is nearly 700 in State. As enrolling for Family Id is a voluntary process and there is a likelihood that in certain pockets a majority of residents may not have registered in FIDR, thus it has also been considered that where the population as drawn from Family Information Data Repository is less than 140 per centum of the number of electors registered in such areas as per the last published Electoral Roll, the population shall be considered equal to 140 per centum of the number of voters in the last published Electoral Roll of the area. Further, the limit for variation of population in wards of a Corporation has been increased from 10 per centum to 20 per centum above or below the average population per ward by amending the Rule 7 of the Haryana Municipal Corporation Delimitation of Ward Rules, 1994 in consultation with State Election Commission, Haryana.
For incorporating the recommendation of Haryana Backward Classes Commission to provide eight per centum reservation for Backward Classes 'A' in the offices of Mayor in Municipal Corporation, a provision has been made under Rule 71(7) of the Haryana Municipal Corporation Election Rules, 1994 in consultation with the State Election Commission, Haryana.
Now, the Haryana Backward Classes Commission has also recommended vide its report dated 05.08.2024 to provide the reservation for Backward Classes 'B' in the elections of municipalities to the extent that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that municipality as one-half of the proportion of Backward Classes 'B' population to the total population in that municipality. An Ordinance No. 03 of 2024 has been promulgated on dated 16.08.2024 for provisioning the reservation to the Backward Classes 'B' for contesting the elections in Municipal Corporations.
Further, it has been recommended to provide five percentum reservation for Backward Classes 'B' in the Offices of Mayors in the Municipal Corporations, for which provision is to be made under Rule 71(7) the Haryana Municipal Corporation Election Rules, 1994 in consultation with the State Election Commission, Haryana.
To comply with the third condition of the triple test laid down by the Hon'ble Supreme Court of India, the total reservation in seats for Scheduled Castes, Backward Classes 'A' and Backward Classes 'B' shall not exceed 50 per centum of the total number of seats in a Corporation. If so happens, then firstly the number of seats reserved for Backward Classes 'B' and secondly the seats reserved for Backward Classes 'A' shall be restricted to such largest number that shall lead to total seats reserved for Scheduled Castes, Backward Classés 'A'and Backward Classes 'B'not exceed 50 per centum of the total number of seats in that Corporation. The reservation of seats for Backward Classes 'B' for each Corporation shall be done on the basis of population figures drawn from Family Information Data Repository established under the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date as may be notified by the Government.
Hence, for provisioning to locate the wards for Backward Classes 'B' and to make the provision for reservation to the Backward Classes 'B' in the seats of each Corporation, an amendment in Section 6 and 11 of the Haryana Municipal Corporation Act, 1994 is required to be made w.e.f. dated 16.08.2024.
*The Haryana Development and Regulation of Urban Areas (Amendment) Bill, 2024*
The Haryana Development and Regulation of Urban Areas (Amendment) Bill, 2024 was passed to amend the Haryana Development and Regulation of Urban Areas Act, 1975.
Subsequently, the Real Estate (Regulation and Development) Act, 2016 was enacted and the Rules of this Act were framed in 2017. Section 2(q) and 2 (zf) of RERA Act, 2016 defines Completion Certificate and the Occupation Certificate respectively and considered to be at parity for the purpose of a completed project.
Accordingly, it has been felt necessary to define occupation certificate to create an enabling provision for creation of an equivalence between occupation certificate and completion certificate. Similarly, the definition of Part Completion Certificate and Completion Certificate for colonies is not provided in the Haryana Development and Regulation of Urban Areas Act, 1975, thus, same is also now proposed to be inserted.
Further, in order to create parity between the two legislation and to expedite the grant of completion certificate for colonies, which have become inhabited long back, a need has been felt to consider grant of overall completion certificate to such projects where individual occupation certificate for all constituent building blocks have been received in case of other than plotted colonies and also where part completion certificate for the complete area has been received in case of plotted colonies.
*The Haryana Sikh Gurdwaras (Management) Amendment Bill, 2024*
The Haryana Sikh Gurdwaras (Management) Amendment Bill, 2024 was passed to amend the Haryana Sikh Gurdwaras (Management) Act, 2014.
The Haryana Sikh Gurdwaras (Management) Act, 2014 was enacted by the State Government with the objective of providing for autonomous management and effective supervision of Sikh Gurdwaras and Gurdwara Property in the State of Haryana. Section 46 of the said Act provides for constitution of Haryana Sikh Gurdwara Judicial Commission consisting of three members and the Chairman shall be a District Judge, if so appointed and if a District Judge is not appointed than one of the three members shall be the Chairman in the order of their seniority. The term of the Chairman or the Member shall be five years or the age of 65 years whichever is earlier. The Haryana Sikh Gurdwara Judicial Commission is a quasi-judicial authority, whose decisions are final. The dispute relating to the Gurdwara property, its funds and any other disputes between the Gurdwara Committee, Executive Board or any other institutions, are to be adjudicated upon by the Commission. Therefore, it has been deemed appropriate that a Judge of High Court should also be considered for appointment as a member and Chairman of the Commission. Further, in order to ensure effective functioning of the Commission, the upper cap of 65 years of age, as provided in clause (iv) of sub-section (1) of Section-46, should be removed.
A legislation i.e. "The Haryana Sikh Gurdwaras (Management) Amendment Bill, 2024' to provide for appointment of a Judge of High Court as Members and Chairman of Commission and to remove the upper cap of 65 years of age and for matters connected therewith or incidental thereto, is required.
*The Haryana Contractual Employees (Security of Service) Bill, 2024*
The Haryana Contractual Employees (Security of Service) Bill, 2024 was passed to provide security to the contractual employees and for the matters connected therewith or incidental there to.
There are a significant number of employees engaged on contractual ad-hoc, and outsource basis who are working in various Government Organizations. These employees, who have dedicated many years of their lives to serving the State, are now facing a precarious future, compounded by their overage status for regular employment. The situation has led to numerous representations from the affected individuals and escalating litigation in courts causing significant administrative and legal challenges for the Government.
Moreover, the Hon'ble Courts have repeatedly emphasized the injustice in relieving these employees or replacing them with new personnel after years of dedicated service. In the High Court case LPA 576 of 2023 (Darshana Devi Vs State of Haryana), the Government committed to formulating a policy for the regularization of such employees who could not be regularized earlier due to the absence of sanctioned posts. There is need to remove the distress and uncertainty among these employees, leading to potential disruptions in various Government functions and further legal entanglements in Hon'ble Courts. The commitment along with the ongoing legal battles, necessitates immediate action to uphold the State's assurance and prevent further legal complications.
It is proposed to remove the distress and uncertainty among the contractual employees and fulfil the commitment made before the Hon'ble Courts by promulgating an Act to provide Security of Service to such employees who have rendered long years of service. The Ordinance in this regard was notified on 14.08.2024 i.e. Haryana Contractual Employees (Security of Service), Ordinance, 2024.
The proposed Haryana Contractual Employees (Security of Service), Act, 2024 seeks to provide the necessary security of service, improve service conditions of contractual employees and fulfill the Government's commitment, thereby ensuring stability and continuity in the functioning of government departments and for the benefit of long-serving contractual employees.