Chandigarh August 13: Haryana Cabinet which met under the Chairmanship of Chief Minister, Mr Manohar Lal here today accorded approval to draft an Ordinance or/and Bill for Amendment in Section-421 of the Haryana Municipal Corporation Act, 1994 regarding the conditions governing the appointment, removal or suspension of the Mayors elected prior to the fourth day of October, 2018.

This amendment shall be deemed to have come into force from the fourth day of October, 2018, the date when The Haryana Municipal Corporation (Second Amendment) Act, 2018 came into force.

As per the amendment, “notwithstanding anything contained in the Haryana Municipal Corporation (Second Amendment) Act, 2018, appointment, removal or suspension of the persons elected as Mayor of Municipal Corporation before coming into force of Haryana Municipal Corporation (Second Amendment) Act, 2018 or filling up of any post or office vacated by such persons(s) shall continue to be governed by the respective provisions of the Haryana Municipal Corporation Act, 1994 that existed immediately prior to the coming of the Haryana Municipal Corporation (Second Amendment) Act, 2018 into force.

All the acts done or proceedings instituted or which might have been instituted or shall be instituted against any of the person(s) elected as Mayor of Municipal Corporation prior to coming into force of Haryana Municipal Corporation (Second Amendment) Act, 2018 shall continue to be governed by the respective provisions of the Haryana Municipal Act, 1994 that existed immediately prior to the coming of the Haryana Municipal Corporation (Second Amendment) Act, 2018 into force”.

It may be recalled that Haryana Municipal Corporation (Second Amendment) Act, 2018 was enacted by the State Legislature and was published on October 4, 2018. A near identical Act named Haryana Municipal (Second Amendment) Act, 2019 was enacted by the State Legislature which has been published and came into force with effect from September 4, 2019. By this Amendment Act, it was provided that all the seats in the municipality [under the Haryana Municipal Act, 1973 (hereinafter referred to as ‘the Act’)] including the President shall be filled in by person chosen by direct election. The Act which provided for No Confidence Motion against President or Vice President was also amended and the President now cannot be removed by No Confidence Motion by other Members of the municipalities. Consequential amendments have also been made with respect to the Office of the President of municipalities by way of this Amendment Act.

Now, it has also been decided to bring amendment in Section-421 of the Haryana Municipal Corporation Act, 1994 through an Ordinance or a Bill to govern the persons who have been elected prior to the Haryana Municipal (Second Amendment) Act, 2019 about their suspension, removal or filling up vacancies vacated by such indirectly elected persons.