Haryana Amends Municipal Corporation Act, Revising Seat Allocation and Reservation Norms

The Haryana Municipal Corporation (Amendment) Act, 2023, received the assent of the Governor of Haryana on September 13, 2023, and was subsequently published for general information on September 19, 2023. This legislative instrument, an amendment to the Haryana Municipal Corporation Act, 1994, introduces significant changes to the methodology for determining the total number of seats in municipal corporations and the reservation of seats for Backward Classes A. The Act also streamlines certain procedures related to town planning schemes. Many of the key amendments are deemed to have come into effect retrospectively from May 16, 2023.

Under the new provisions, section 6 of the principal Act was amended to stipulate that the total number of seats for each Corporation shall now be fixed by the Government based on the population drawn from the Family Information Data Repository, established under the Haryana Parivar Pehchan Act, 2021. This population data will be considered as of a date notified by the Government. A crucial proviso clarifies that if the population derived from the Family Information Data Repository is less than 140 per cent of the number of electors registered in such areas as per the last published Electoral Roll, then a population equal to 140 per cent of the number of voters in the electoral roll shall be considered for seat fixation. Furthermore, the Act substituted the term "Backward Classes" with "Backward Classes A" in various sections, including sub-section (5) of section 6 and sub-section (5) of section 11, reflecting a more specific classification. The figure '10' in sub-section (4) of section 6 was also replaced with '20', and an existing explanation at the end of section 6 was omitted.

The legislation significantly alters section 11 of the principal Act concerning reservations. It mandates the reservation of seats for Backward Classes A in every Corporation, with the number of reserved seats bearing, as nearly as possible, the same proportion to the total seats as one-half of the proportion of Backward Classes A population to the total population in that Corporation. These seats are to be allotted by a draw of lots from three times the number of proposed seats, after excluding those already reserved for Scheduled Castes, focusing on areas with the largest percentage population of Backward Classes A, and by rotation in subsequent elections. A key safeguard ensures that a Corporation will have at least one member belonging to Backward Classes A if their population constitutes two per cent or more of the total population. Importantly, the legislation provided: “Provided further that where the number of seats so reserved for Backward Classes A under this sub-section added to the number of seats reserved for the Scheduled Castes exceeds fifty per centum of the total number of seats in that Corporation, then the number of seats reserved for the Backward Classes A shall be restricted to such largest number that shall lead to the total of the seats reserved for the Backward Classes A and Scheduled Castes not exceeding fifty per centum of the total seats in that Corporation.” This provision establishes a clear ceiling on the total reservation for Backward Classes A and Scheduled Castes. Additionally, not less than one-third of the seats reserved for Backward Classes A are to be reserved for women belonging to that category, allotted by rotation and lots. For the purpose of these reservations, the population data for Municipal Corporation areas and Backward Classes A will also be drawn from the Family Information Data Repository.

Beyond electoral reforms, the Act also amends section 267 of the principal Act, which deals with town planning schemes. It introduces a new proviso to sub-section (1), stating that when an individual or a company applies for the preparation or approval of a town planning scheme over its land, the un-built area shall not be declared, and no resolution from the Corporation will be required. The Commissioner is mandated to forward such applications along with relevant documents to the Government within thirty days. However, a Corporation resolution remains necessary if the Corporation itself initiates a town planning scheme for un-built or built areas, or jointly with an individual or company. A further amendment to sub-section (2) of section 267 clarifies that public notice will not be required when a town planning scheme is applied for by an individual or a company on their own land. The Haryana Municipal Corporation (Amendment) Ordinance, 2023, which preceded this Act, was repealed, with a saving clause ensuring that any actions taken under the Ordinance are deemed to have been done under the new Act.

The legislative intent behind these amendments appears to be multifaceted, aiming to enhance the accuracy and transparency of population data used for municipal governance and to refine the framework for reservation of seats. By mandating the use of the Family Information Data Repository, the Act seeks to establish a more robust and standardized basis for determining the total number of seats and the proportion of reserved seats, addressing potential ambiguities or inconsistencies in previous population estimation methods. The specific provisions for Backward Classes A, including the 50% cap on total reservations, reflect a policy rationale to ensure equitable representation while adhering to constitutional principles regarding reservation limits. The amendments to town planning scheme procedures are designed to streamline the approval process for private applicants, thereby potentially facilitating urban development and reducing bureaucratic hurdles, while still maintaining the Corporation's oversight for schemes initiated by the local body itself. These changes collectively aim to update and improve the operational efficiency and representational fairness within Haryana's municipal corporations.

Keywords: Haryana Municipal Corporation, Amendment Act, Seat Reservation, Backward Classes A, Family Information Data Repository, Town Planning Scheme, Electoral Reforms, Haryana Parivar Pehchan Act, 2023 Legislation

Geo Tags: India, Haryana District: Not Applicable