Haryana Govt urged to correct prevalence of anomaly in 2 Municipal Amendment Acts enacted by State Assembly

Published on: 28 Dec 2023 at 03:27 PM

Published by: The fact news

The Fact News Service

Chandigarh, December 28

An Advocate at Punjab & Haryana High Court, Hemant Kumar, has once again written to State Government of Haryana pertaining to non-mention/ omission of previous (retrospective) date of commencement in Haryana Municipal (Amendment) Act, 2023 ( Haryana Act No. 24 of 2023) and Haryana Municipal Corporation (Amendment) Act, 2023 (Haryana Act No. 25 of 2023) i.e. 16 May 2023 i.e. the date on which Haryana Municipal (Amendment) Ordinance, 2023 ( Haryana Ordinance No. 1 of 2023) and Haryana Municipal Corporation (Amendment) Ordinance, 2023 (Haryana Ordinance No. 2 of 2023) were published in Haryana Government Gazette after being promulgated by the Governor of Haryana under Article 213(1) of Constitution of India.

Hemant has sent the latest Memorandum cum (Legal) Representation purely in societal interest as a public-spirited individual to uphold the well-established principle of law-making in Parliamentary Democracy wherein any Law enacted by the appropriate Legislature is enforced/implemented from the very same date (retrospectively) in case any Ordinance was earlier promulgated by President of India or the Hon’ble Governor of respective State under Article 123(1) and 213(1) of Constitution of India respectively in order to bring such Law into effect before its due enactment by the appropriate Legislature.

Pertinent that on 12 May 2023, the Governor of Haryana promulgated two Ordinances viz. Haryana Municipal (Amendment) Ordinance, 2023 (Haryana Ordinance No. 1 of 2023) and Haryana Municipal Corporation (Amendment) Ordinance, 2023 (Haryana Ordinance No. 2 of 2023) which were published in Haryana Government Gazette Extraordinary Dated 16 May 2023.

However, in both the Bills as passed by the Haryana State Legislative Assembly (Vidhan Sabha) to replace the above cited Ordinances viz. Haryana Municipal (Amendment) Bill, 2023 and Haryana Municipal Corporation (Amendment) Bill, 2023 in the Monsoon Session of State Assembly as convened from 25 to 29 August, 2023 and thereafter receiving the assent of Governor of Haryana on 13 September 2023, both of the above Bills as passed by the House have become Haryana Acts viz. Haryana Municipal (Amendment) Act, 2023 (Haryana Act No. 24 of 2023) and Haryana Municipal Corporation (Amendment) Act, 2023 (Haryana Act No. 25 of 2023) respectively and both of which have been published in Haryana Government Gazette on 19 September 2023.

However, Hemant has questioned that there is No mention therein in Section 1 of either of the above Acts that they would be deemed to have come into effect/force from 16 May 2023 i.e. from the date when above cited two Ordinances were got promulgated by the Governor of Haryana under Article 213(1) of Constitution of India.

Now if the above grave omission has occurred inadvertently or otherwise, it needs to be thoroughly inquired into, quips Advocate.

Hemant has also quoted the instance/reference of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (Ordinance No. 1 of 2023) as promulgated by the President of India on 19 May 2023. After this Ordinance was replaced by a Bill in the Monsoon Session of Parliament with the name The Government of National Capital Territory of Delhi (Amendment) Bill, 2023 and after having been passed by both Houses of Parliament and thereafter receiving assent of the President of India on 11 August 2023 it became The Government of National Capital Territory of Delhi (Amendment) Act, 2023 (Act No. 19 of 2023). However, in the ibid Act in Section 1(2) therein, it stipulates that it shall be deemed to have come into force on the 19th of May, 2023.

Hence, in view of the above, Hemant has appealed to the Haryana Govt for taking due cognizance in this regard and ensure prompt and suitable action (correction) at the earliest.