Haryana Amends Municipal Act to Introduce Backward Classes A Reservation and Streamline Town Planning

The Haryana Municipal (Amendment) Act, 2023, an amendment Act, received the assent of the Governor of Haryana on September 13, 2023, and was subsequently published for general information on September 19, 2023, in the Haryana Government Gazette. This legislation was enacted to further modify the Haryana Municipal Act, 1973, addressing key aspects of municipal governance and urban development. The Act introduces significant changes to the reservation of seats in municipalities and streamlines procedures for town planning schemes.

A central provision of the Act amends Section 10 of the principal Act, focusing on the reservation of seats for Backward Classes A in every municipality. These amendments, including changes to sub-sections (3), (4), (5), and (7) of Section 10, are deemed to have come into effect retrospectively from May 16, 2023. The legislation provided: “The seats shall be reserved for the Backward Classes A in every municipality 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 municipality as one-half of the proportion of Backward Classes A population to the total population in that municipality and rounded off to the next higher integer in case the decimal value is 0.5 or more.” It further stipulates that a municipality must have at least one member from Backward Classes A if their population constitutes two per centum or more of the total municipal population. A crucial safeguard ensures that the total number of seats reserved for Backward Classes A, when added to those reserved for Scheduled Castes, does not exceed fifty per centum of the total seats in that municipality. For the purpose of these reservations, the population data for municipal areas and Backward Classes A is to be drawn from the Family Information Data Repository established under the Haryana Parivar Pehchan Act, 2021. Additionally, the Act mandates that not less than one-third of the total reserved seats for Backward Classes A shall be allocated to women belonging to these classes, with allotment by rotation and lots.

Beyond electoral reforms, the Act also modifies Section 203 of the principal Act, which pertains to town planning schemes. Under the amended provisions, when an individual or a company applies for the preparation or approval of a town planning scheme on their own land, the requirement for declaring the area as "un-built" and obtaining a resolution from the committee is removed. In such cases, the Deputy Commissioner is now mandated to forward the application along with all relevant documents to the State Government within thirty days of its receipt. However, a committee resolution remains necessary if the committee itself initiates a town planning scheme for an un-built area or a building scheme for a built area, either on its own land or jointly with a private entity. Furthermore, public notice is no longer required when a town planning scheme is applied for by an individual or a company on their own land. The Haryana Municipal (Amendment) Ordinance, 2023 (Haryana Ordinance No. 1 of 2023), was repealed by this Act, with a savings clause ensuring that any actions taken under the repealed Ordinance are deemed to have been done or taken under the new Act.

The legislative intent behind the Haryana Municipal (Amendment) Act, 2023, is twofold: to ensure equitable representation in local self-governance and to facilitate urban development. The amendments to Section 10 aim to address the earlier legal position regarding the representation of Backward Classes A in municipal bodies, ensuring their proportionate inclusion while adhering to constitutional limits on reservation. By explicitly defining the methodology for calculating reserved seats, including the 50% cap and specific provisions for women within Backward Classes A, the Act seeks to fill statutory gaps and provide a clear framework for electoral processes. The policy rationale is to strengthen democratic participation and ensure that diverse segments of the population are represented in local decision-making. Concurrently, the changes to Section 203 reflect a policy shift towards streamlining administrative processes for private sector-led urban development. By removing certain procedural requirements like committee resolutions and public notices for individual or company-initiated town planning schemes on their own land, the Act aims to reduce bureaucratic hurdles and potentially accelerate the approval process, thereby encouraging investment and development. These amendments seek to address limitations in the previous statutory framework that might have imposed unnecessary delays on private development projects, while maintaining oversight through the State Government's approval process.

Keywords: Haryana Municipal Act, Backward Classes A, Municipal Reservation, Town Planning, Urban Development, Haryana Legislature, Amendment Act, Local Governance, Electoral Reforms, Family Information Data Repository

Geo Tags: India, Haryana District: Not Applicable