(1) This Act may be called the Haryana Municipal Citizens’ Participation Act, 2008.
(2) It extends to all the municipalities in the State of Haryana.
2. In this Act, unless the context otherwise requires,—
(a) “area” means an area as determined under section 3;
(b) “area sabha” means in relation to an area, the body of all the persons registered in the electoral rolls pertaining to every polling booth in that area of the municipality;
(c) “budget year” means the period for which the Government lays down the annual financial statement;
(d) “chairperson” means the chairperson of the ward committee who shall be the councilor of each ward;
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 1st September, 2008, Page 4015.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 9th September, 2018, Page 2852.
Short title and extent.
Definitions.
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(e) “Government” means the Government of the State of Haryana;
(f) “member” means the area sabha representative of the ward committee nominated under this Act;
(g) “municipality” means an institution of self-government constituted under the Haryana Municipal Act, 1973 (Haryana Act No. 24 of 1973);
(h) “prescribed” means prescribed by rules made under this Act;
(i) “Schedule” means Schedule appended to this Act;
(j) “ward committee” means a committee constituted under section 11;
(k) “ward infrastructure index” means a composite index generated by taking into account the condition of all public infrastructure elements in that ward.
3. The territorial extent of area of each area sabha shall be coterminous with the geographical area of the ward of the municipality.
However, in a municipality, where population of a ward is more than ten thousand, the ward shall be sub-divided into a number of areas with a population of ten thousand or a part thereof (less than 50% being ignored and more than 50% of the same being counted as one unit).
4. The area sabha representative nominated in the manner as provided under section 6 of this Act, shall be a member of the ward committee.
5. The general body meeting of an area sabha shall be held in the area, at a public place, at least twice a year, one during the period commencing from the 15th day of May and ending with the 15th day of June and the other during the period commencing from the 15th day of November and ending with the 15th day of December. At least ten percent of the registered voters of the area shall be present in such meetings.
6. Within a period of eight weeks from the date of announcement of constitution of the municipality, representatives for each area sabha shall be nominated in such manner, as may be prescribed.
7. An area sabha representative shall ordinarily hold office for a duration that is coterminous with that of the municipality concerned :
Provided that no person shall continue to hold office as an area sabha representative, if, at any time, during his tenure, he incurs any of Determination of area.
Area sabha representative.
General body meeting.
Nomination of area sabha representative.
Term of office.
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Provided further that no person shall be entitled or continue to be entitled to hold office as area sabha representative of an area in which he is not an ordinarily resident.
8. An area sabha may, having regard to its managerial, technical, financial and organizational capacity and the actual conditions prevailing in the municipal area, perform and discharge the following functions and duties, namely:—
(a) to generate proposals and determine the priority of schemes and development programmes to be implemented in the area and forward the same to the ward committee, or in its absence, the municipality, for inclusion in the development plans of the ward committee or municipality, as the case may be;
(b) to verify the most eligible persons from the area for beneficiary oriented schemes on the basis of criteria fixed by the Government and prepare a list of eligible beneficiaries in order of priority and forward the same for inclusion in the development plans of the ward or municipality;
(c) to suggest the location of streetlights, streets, community water taps, public wells, public sanitation units and such other civic amenity schemes within the area;
(d) to identify the deficiencies in the civic amenities in the area and suggest remedial measures;
(e) to assist the activities of public health centres in the area, especially in disease prevention and family welfare and create arrangements to report on the incidence of epidemics and natural calamities;
(f) to provide and mobilize voluntary labour and contributions in cash and kind for development programmes and to supervise such development works through volunteer teams;
(g) to undertake and support tax mapping and to remind people of the locality of their obligations to pay municipal taxes and user charges.
Functions and duties of area sabha.
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9. An area sabha may, subject to the procedures that may be prescribed in this regard, exercise the following rights and powers, namely:—
(i) to get information from the officials concerned as to the services to be rendered and the works proposed to be done in the succeeding period of three months after the meeting;
(ii) to be informed by the ward committee about every decision concerning the area and the rationale of such decisions made by the ward committee or the Government;
(iii) to be informed by the ward committee of the follow up action taken on the decisions concerning the area;
(iv) to impart awareness on matters of public interest such as cleanliness, preservation of environment and prevention of pollution;
(v) to promote harmony and unity and arrange cultural festivals and sports meets to give expression to the talents of the people of the locality; and
(vi) to co-operate with the ward committee in the provisions of sanitation arrangements in the area.
10. The area sabha representative of an area shall be an ex-officio member of the ward committee constituted for the ward within which area is situated.