8 Bills Passed in the Haryana Vidhan Sabha

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Chandigarh, March 03, 2020- A total of eight bills were passed in the Haryana Vidhan Sabha today, including the Haryana Private Universities (Amendment) Bill, 2020, Haryana State Higher Education Council (Amendment) Bill, 2020, The Haryana Development and Regulation Of Urban Areas (Amendment) Bill, 2020, the Haryana Appropriation (No. 1) Bill 2020, the Haryana Agricultural Produce Market (Amendment) Bill, 2020, the Prohibition of Child Marriage in (Haryana Amendment) Bill, 2020, Haryana Group D Employees for Recruitment and Conditions of Service, (Amendment) Bill 2020, including Haryana Pond and Waste Water Management Authority (Amendment) Bill 2020.

The Haryana Private Universities (Amendment) Bill, 2020

The Haryana Private Universities (Amendment) Bill, 2020 was passed to further amend the Haryana Private Universities Act 2006. OP Jindal Global University is a private university established under Haryana Private Universities Act, 2006. The university has submitted an application before the Ministry of Human Resource Development under the University Grants Commission Regulations, 2017 to declare it as an Institution of Eminence Deemed to be University.

In case any State private university is recommended for selection as an Institution of eminence, then it will have to submit an undertaking from the respective State Government that the State Government will introduce appropriate legislation in the State Legislature for withdrawal of Private University status before declaring them an Institution of Eminence Deemed to be University.

In view of the same, an undertaking letter was given by the state government that it would introduce appropriate legislation in the State Legislature withdrawing the status of OP Jindal Global University as private university under Haryana Private University Act 2006. Apart from this, in the proposed Amendment Act also provides that the date of publication of the notification as per Section 3 of the UGC Act 1956 in the official gazette by the Central Government regarding the declaration of OP Jindal Global University as Institution of Eminence.

Apart from this, there is no scope for change in the name of an established Private University under the current provision made in the Haryana Private Universities Act 2006. Therefore, the Principal Act to change the name of the established private university has been amended to include such clause.

In addition, the structure of educational institutions needs to be further expanded to provide better opportunities in higher education to the youth of the state. There is a need expansion of educational institutions at all levels in order to accommodate the growth of students in higher education and to achieve a target of 30 percent gross enrolment ratio. Government intervention will not be sufficient to meet this goal and there is a need to involve private sector participation prominently. To achieve this objective, this proposal has been formulated with the objective of establishing a Rishihood University in Sonipat.

Haryana State Higher Education Council (Amendment) Bill, 2020

The bill has been passed to further amend the Haryana State Higher Education Council Act, 2018. The Haryana State Higher Education Council came into existence after enactment of the Haryana State Higher Education Council Bill, 2018. The State Government, considering it expedient to establish a State Council for Higher Education as a collective of the Government, Universities, academics and experts with a view to forge a synergic relationship among them by occupying an operational space between the Government and the Universities and Colleges on one hand and between the Universities/Colleges and apex level regulatory bodies on the other. Since its establishment, the Council has been working towards bringing qualitative changes in higher education system in universities and colleges. To bring in more systematic changes and for the smooth functioning of the Council, it was observed that there is a requirement to bring amendment in some sections of the Haryana State Higher Education Council Act, 2018.

The Haryana Development and Regulation Of Urban Areas (Amendment) Bill, 2020

The Haryana Development and Regulation Of Urban Areas (Amendment) Bill, 2020 has been passed to further amend the Haryana Development and Regulation Of Urban Areas Act, 1975. This bill was amended because the licenses granted under Haryana Development and Regulation Of Urban Areas Act, 1975 are renewed for a period of five years. However, it was observed that different licensed colonies may be at different stages of development/construction and accordingly, may not require fixed license renewal period of 5 years for completion of the colony.  Therefore, it is necessary to amend Section 3 (4) of this Act to allow license renewal period ranging from 1 to 5 years as per requirement.

The Haryana Appropriation (No.1) Bill, 2020

 

Haryana Vidhan Sabha today passed Haryana Appropriation (No.1) to authorize the payment and appropriation of certain further sums from and out of the Consolidated funds of Haryana for the services amounting to Rs 1629,51,62,760 towards defraying the several charges which will come in the course of payment during the financial year 2019-20 ending 31st day of March 2020.

 

The Haryana Pond and Waste Water Management Authority (Amendment) Bill, 2020

The Haryana Pond and Waste Water Management Authority (Amendment) Bill, 2020 has been passed further to amend the Haryana Pond and Waste Water Management Authority Act, 2018. The Act was enacted to achieve the object of development, protection, rejuvenation, conservation, construction and management; utilization of pond water in Haryana for irrigation, along with necessary powers and functions. The Haryana Pond and Waste Water Management Authority has been working for more than one year. After passage of more than one year, it has been observed that the qualification and experience of Technical Advisor and Member Secretary is on higher side. Such officers are not easily available to make the appointment. Accordingly, to run smoothly and increase the efficiency of the Haryana Pond and Waste Water Management Authority the amendment is necessary.

The Haryana Group D Employees (Recruitment and Conditions of Service) Amendment Bill, 2020

The bill has been passed to further amend the Haryana Group D Employees (Recruitment and Conditions of Service) Act, 2018 (Haryana Act No. 5 of 2018) was enacted with an object of providing common conditions of service, minimum age, common minimum qualifications, transparent selection criteria alongwith some weightage for socio-economic status, experience and doing away with practice of interviews for recruitment to various Group-D posts.

However, the State of Haryana has faced some difficulties, while interpreting and implementing the provisions of the said Act No. 5 of 2018. In order to mitigate the difficulties, being faced by the State while interpreting the provisions it is necessary to make certain amendments in Act No. 5 of 2018. Accordingly, to achieve the said purpose, there it was necessary to amend Act No. 5 of 2018.

The Prohibition of Child Marriage (Haryana Amendment) Bill, 2020 

The Prohibition of Child Marriage (Haryana Amendment) Bill, 2020 has been passed to amend the Prohibition of Child Marriage Act, 2006. The Protection of Children from Sexual Offenses Act (POCSO), 2012 is a special law, which prevails over the Indian Penal Code (IPC), 1860 and according to the prevailing exception 2 of Section 375 of the IPC, was unconstitutional.

According to the Supreme Court Section under 375 of the Indian Penal Code (IPC), sexual intercourse between a man and his wife of 15 to 18 years of age does not amount to rape. But under Section 6 of the POCSO Act the offence amounts to rape. After thorough consideration of both the legal provisions, the Supreme Court came to the conclusion that the best solution in this regard has been found by the state of Karnataka. The Karnataka State Legislature has included sub-section (1A) in Section-3 of the Prohibition of Child Marriage Act, 2006, thereby declaring that henceforth every child marriage solemnised is void. Accordingly, any marital relationship between a man and a girl between the age of 15 and 18 years shall be void and it will make any sexual intercourse as an offence defined as rape under POCSO Act. The relevant extract of the Karnataka amendment reads as follows: “(1A) Notwithstanding, anything contained in section 3 sub-section (1) of Prohibition of Child Marriage Act, 2006, every child marriage solemnized on or after the date of coming into force of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 shall be void.”

The Supreme Court that it would be appropriate for all-state legislatures to adopt the route taken by the State of Karnataka to make child marriages void and to ensure that the intercourse between the girl child and her husband is punishable under the POCSO Act and the I.P.C. Therefore, it was necessary to amend Section 3 of the Prohibition of Child Marriage Act, 2006.

The Haryana Agricultural Produce Markets (Amendment) Bill, 2020

The Bill has been passed to further amend the Haryana Agricultural Produce Market Act, 1961. The Government of India has circulated the Model Agricultural Produce Market Act titled “State-UT Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2017” with a view to catalyzing fair conduct and performance of the agriculture, which is to the benefit of farmers in particular and consumers in general. It also enthuses the private participation in the agriculture marketing sector by providing them a level playing field. The two objectives will help create better agricultural marketing infrastructure and help farmers to get remuneration value for the produce.

The Haryana Agricultural Produce Market Amendment Bill, 2020 has been drafted keeping in view the aforesaid objective. Therefore, the Bill introduces provisions relating to the establishment of private market yards, declaring warehouses/cold stores as sub-market yards, special market yards, the establishment of e-business platforms, direct marketing of agricultural produce and single levy of market fees amongst many others. The bill also envisages regulatory mechanisms for the private markets and also prescribes the levy of user charges.

The Government of India through the e-National Agricultural Market envisions creating a unified market place for the entire country. There are 585 markets connected on this platform nation-wide which includes 54 markets from the state of Haryana. The enabling provisions for connecting and trading on this platform have also been introduced through this Bill.

In short, the “Haryana Agricultural Produce Markets (Amendment), Bill, 2020” aims to create better options for farmers to sell the agricultural products at a remunerative prices.

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