Chandigarh, February 22 -Desh Click News
On the third day of the budget session of the Haryana Vidhan Sabha two bills were passed. These include the Haryana Municipal (Amendment) Bill, 2024 and The Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Repeal Bill, 2024.
Haryana Municipal (Amendment) Bill, 2024
The Haryana Municipal (Amendment) Bill, 2024 was passed to amend the Haryana Municipal Act, 1973. Municipalities in the State of Haryana have three tiers of hierarchy based on population criteria i.e., Municipal Corporation, Municipal Council and Municipal Committee. There were only Municipal Councils and Municipal Committees in the State till 1994 due to the small urban population. Haryana Municipal Act, 1973 (Act No. 24 of 1973) was enacted to govern the matters of municipalities in the State of Haryana. Keeping in view the 74th Constitutional amendment, the Haryana Municipal Corporation Act, 1994 (Act No. 16 of 1994) was enacted for the constitution of Municipal Corporations in large towns. Faridabad Complex Administration (FCA) was responsible for the management of the city of Faridabad and it was upgraded to Municipal Corporation in 1994.
There is a provision in Sub-section (2) of section 3 of the ibid Act, 1994 which states that any area having a population of three lakhs or more shall be declared as a Municipal Corporation. Municipal Council, Gurgaon (now Gurugram), Yamunanagar- Jagadhari, Panchkula, Rohtak, Hisar, Ambala, Panipat, Karnal and Sonepat were upgraded as Municipal Corporations while Municipal Corporation, Manesar was constituted on December 24, 2020.
All the municipalities are being administered by a single Department, i.e., the Urban Local Bodies Department. However, Municipal Councils/ Municipal Committees and Municipal Corporations are governed by separate Acts. The services of employees of Municipal Councils and Municipal Committees are governed under the Haryana Municipal Services (Integration, Recruitment and Conditions of Service) Rules, 2010 framed under the Act No. 24 of 1973 whereas the services of employees of Municipal Corporations are governed under the Haryana Municipal Corporation Employees (Recruitment and Conditions) Service Rules, 1998.
As a result of merger of Municipal Councils/Municipal Committees or the upgradation of Municipal Councils to Municipal Corporations, their employees become the employees of the newly constituted Municipal Corporations. In such a situation, it is very difficult for the Municipal Corporation to refix their seniority. In public interest, the department has been transferring the employees of Municipal Councils/Municipalities to Municipal Corporations and from Municipal Corporations to Municipal Councils/Municipalities on administrative basis in public interest.
The Department is facing administrative difficulties in view of such adjustments/transfers and resulting litigation and this litigation defeats the purpose of proper deployment of municipal employees for better functioning. Additionally, promotions of transferred employees are also affected.
Therefore, to improve the service conditions of employees and their utilisation in providing municipal services as per their competence and experience, the Department has felt the need for the applicability of common service rules to all the categories of employees of Municipal Corporations, Municipal Councils and Municipal Committees by making amendments to the Haryana Municipal Act, 1973 by inserting new section 38A in the said Act.
The Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Repeal Bill, 2024
The Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Repeal Bill, 2024 was passed to repeal the Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Act, 1957.
Repeal of the Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Act, 1957. The Act shall revive or restore any jurisdiction, office, custom, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
The Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Repeal Bill, 2024, which is related to repeal of the Industrial Disputes (Amendment and Miscellaneous Provisions) (Haryana Amendment) Act, 1957, is repealed by a Legislative Bill. Therefore, this bill has been presented.