HIMACHAL PRADESH MUNICIPAL ACT, 1994

HIMACHAL PRADESH MUNICIPAL ACT, 1994

Preliminary (ACT NO. 13 OF 1994)¹

S.1 Short title, extent and commencement.

S.2 Definitions.

S.3 Classification of municipalities.

S.4 Procedure for declaring municipal area.

S.5 Notification of intention to include a local area in a municipal area.

S.6 Notification of intention to exclude local area from a municipal area.

S.7 Exclusion of local area from a municipal area.

S.8 Effect of exclusion of local area from municipal area.

S.9 Power to abolish municipal area.

S.10 Composition of municipalities.

S.11 Reservation of seats.

S.12 Reservation of offices of Chairpersons.

S.13 Term of office of members.

S.14 Duration of municipality.

S.15 Resignation of member of municipality.

S.16 Disqualifications.

S.17 Bar to hold more than one office.

S.17(a) 1[l7-A. Account of election expenses and maximum 2[limit] thereof.

S.17(b) Lodging of account.

S.18 Power of State Government as to removal of members.

S.19 Filling of casual vacancies.

S.20 Incorporation of municipality.

S.21 Members and employees to be Public servants.

S.22 1[22. Election of President and Vice-President.

S.23 Term of office of and honorarium to President and Vice-President.

S.24 Resignation of President or Vice-President.

S.25 1[25. Motion of no-confidence against President or Vice-President.

S.26 Removal of President or Vice-President.

S.27 Notification of elections and nominations.

S.28 Time for holding meetings.

S.29 Ordinary and special meetings.

S.30 Quorum.

S.31 Chairman of meeting.

S.32 Vote of majority decisive.

S.33 Records and publication of proceedings.

S.34 Bye-laws.

S.35 Appointment of Director.

S.36 Delegation of powers and functions.

S.37 Power of President or Vice-President in emergency.

S.38 Joint committees.

S.39 Vacancies and irregularities not to invalidate acts and proceedings.

S.40 Authority to contract.

S.41 Mode of executing contracts and transfer of property.

S.42 Penalty on member or employee being interested in any contract with a municipality.-

S.43 Suits against municipality and its employees.

S.44 Bar of jurisdiction of civil courts.

S.45 Protection of action taken in good faith.

S.46 liability for loss.

S.47 General powers of municipalities.

S.48 Powers and authorities of municipalities.

S.49 Standing Committees.

S.50 Functions of the Standing Committees.

S.51 Conduct of business by the Standing Committees.

S.51(a) 1[51-A. Ward Sabha.

S.51(b) Meetings of Ward Sabha.

S.51(c) Ward Committee.

S.51(d) Meetings of Ward Committee.

S.51(e) Agenda.

S.51(f) Procedure for conduct of Ward Committee meetings.

S.51(g) Disqualifications.

S.51(h) Duties and functions of the Ward Committee.

S.51(i) Right to seek information.

S.51(j) Functions of the Executive Officer and Secretary.

S.52 Constitution of municipal fund.

S.53 Application of fund.

S.54 Payment of allowances to the members out of the municipal fund.

S.55 Custody of municipal fund.

S.56 Power to deposit and invest surplus funds.

S.57 Property vested in a municipality.

S.58 Inventory and map of municipal property.

S.59 Erection and maintenance of boundary marks of municipal area.

S.60 Management of public institutions.

S.61 Acquisition of land.

S.62 Transfer to Government property vesting in municipality.

S.63 Power to takeover management of water works, sewerage works and roads etc.

S.64 Finance Commission.

S.65 1[65. Rate of tax on lands and buildings.

S.66 1[66. Fee, tolls and users charges.

S.67 Limitation of taxing powers.

S.68 Procedure regarding taxes under section 65.

S.69 Collection and payment of tax on consumption of electricity.-

S.70 1[70. XXXXXXXXXXXXXXXXXXXXX

S.71 .

S.72 Preparation of assessment list.

S.73 Publication and completion of assessment lists.

S.74 Public notice of time fixed for revising assessment lists.

S.75 Settlement of list.

S.76 Further amendments of assessment list.

S.77 New list need not to be prepared every year.

S.78 Tax not invalid for defect of form.

S.79 Power of municipality to exempt payment of taxes.

S.80 Power of State Government to exempt payment of taxes.

S.81 Remission of tax on unoccupied immovable property.

S.82 Duty to furnish information.

S.83 Notice on transfers of titles.

S.84 Power of entry.

S.85 Taxes when payable.

S.86 Recovery of property taxes.

S.87 Recovery of taxes.

S.88 Seizure and sale of vehicle and animal.

S.89 Recovery of dues as arrears of land revenue.

S.90 Appeals.

S.91 Limitation for appeal.

S.92 Revision.

S.93 Bar to question assessment.

S.94 Police force.

S.95 Powers and duties of police.

S.96 Special police assistance at fairs etc.

S.97 Establishment and maintenance of fire brigade.

S.98 Power of fire brigade and other persons to extinguish.

S.99 Observance of rules and regulations.

S.100 Provision for water supply.

S.101 Supply of water for domestic purposes.

S.102 Supply of water for other than domestic purposes.

S.103 Procedure for water connections.

S.104 Obligation of owner or occupier to give notice of waste of water.

S.105 Cutting off water supply to premises.

S.106 Power of municipality in respect of Communications etc.

S.107 Power to require owners of buildings to provide the storage reservoirs for rain water on their premises.-

S.108 Supervision and inspection of works.

S.109 Repairs of reservoirs.

S.110 Bathing and washing places.

S.111 Powers in respect of burial and cremation grounds.

S.112 Disposal of mad and stray dogs and other animals.

S.113 Dogs not to be at large.

S.114 Control of elephants, bears or camels.

S.115 Taking elephants along public roads.

S.116 Power to require buildings, wells, tanks etc. to be secured.

S.117 Building etc. in dangerous state.

S.118 Cleaning of filthy building or land.

S.119 Paving or draining of cattle-stands.

S.120 Power to prohibit use of unfit buildings.

S.121 Power to require owner to clear away noxious vegetation.

S.122 Power to require hedges and trees to be trimmed.

S.123 Power to require untenanted buildings becoming a nuisance to be secured or enclosed.

S.124 Prohibition of cultivation of crop use of manure or irrigation injurious to health.

S.125 Regulation of offensive and dangerous trade.

S.126 Consent of municipality to establish new factories or workshops.

S.127 Prohibition of cinematographs and dramatic performances except in licensed premises.

S.128 Power to prohibit trades.

S.129 Use of steam whistles etc.

S.130 Provisions of drains, privies etc.

S.131 Repair and closing of drains, privies etc.

S.132 Unauthorised building over drains, etc.

S.133 Removal of latrines etc. near any source of water supply.

S.134 1[134. Discharging sewerage.

S.135 Making or altering drains without authority.

S.136 Power to require removal of nuisance arising from tanks and the lake.

S.137 Power of municipality to lay or carry wires, pipes, drains or sewers through private lands.

S.138 Provision as to wire, pipes, drains or sewers laid or carried above surface of ground.

S.139 Previous notice.

S.140 Connection with main not to be made without permission of municipality.

S.141 Sewerage connection.

S.142 Troughs and pipes for rain water.

S.143 Information in relation to cholera, small-pox, etc.

S.144 Removal to hospital of patients suffering from infectious diseases.

S.145 Disinfection of buildings and articles.

S.146 Penalty for letting infected houses.

S.147 Provision of places and appliances for disinfection.

S.148 Acts done by persons suffering from certain disorders.

S.149 Keeping of animals injurious to health.

S.150 Feeding animals on deleterious substances.

S.150(a) 1[150-A. Registration of cattle and maintenance of record thereof.

S.151 Prohibition by municipality of use of unwholesome water.

S.152 Penalty for selling sub-standard food or drinks.

S.153 Soliciting alms.

S.154 Removal and deposit of offensive matter.

S.155 Preparation of compost manure.

S.156 Power to acquire etc.

S.157 Right of appeal and revision.

S.158 Bar of jurisdiction.

S.159 Failure to remove noxious matter.

S.160 1[160. xxxxxxxxxxxxxxxxxxxxx

S.161 .

S.162 Nuisance by children and others.

S.163 Definition of house scavenging.

S.164 Undertaking by municipality of house scavenging.

S.165 Abolition of customary rights.

S.166 Scavenging etc.

S.167 Continuance of house scavenging once undertaken by municipality.

S.168 Obligation of municipality to perform house scavenging properly.

S.169 Power of municipal employees for house scavenging purposes.

S.170 Vesting in municipality or collection from house scavenging.

S.171 Establishment of creches of Safai Mazdoors.

S.172 Places for slaughter of animals for sale.

S.173 Disposal of dead animals.

S.174 Powers in connection with streets.

S.175 Protection of streets during cutting down of trees, erection or demolition of buildings.

S.176 Notice to lay out street.

S.177 Order or notice under section 176.

S.178 Sanction of new street.

S.179 Operation of sanction.

S.180 Penalty.

S.181 Notice to owner of land under street.

S.182 Power to require repairs of street and to declare such street public.

S.183 Punishment for encroachment or over hanging structure over street.

S.184 Permission of occupation of public street and removal of obstruction.

S.185 Power of Deputy Commissioner to remove encroachments.

S.186 Power to regulate line of a street.

S.187 Government street.

S.188 Removal of over hanging structures.

S.189 Power to attach brackets for lamps.

S.190 Construction of stalls.

S.191 Destroying direction-posts, lampposts, etc.

S.192 Bill-sticking without permission.

S.193 Names or numbers of streets, buildings etc.

S.194 Inflammable materials.

S.195 Roofs and external walls not to be made of inflammable materials.

S.196 Picketing animals and collecting carts.

S.197 Driving vehicles without proper lights.

S.198 Beating drums etc.

S.199 Discharging firearm etc.

S.200 Building operations, quarrying, blasting or cutting timber.

S.201 Powers to levy fee at fair.

S.202 General bye-laws.

S.203 Prohibition to erect buildings without sanction.

S.204 Power of municipality to make bye-laws as to erection or re-erection of buildings.-

S.205 Building scheme.

S.206 Regularisation of certain buildings.

S.207 Punishment for erection or re-erection of a building on sanction of a building scheme under section 205.

S.208 Powers of municipality to sanction or refuse erection or re-erection of buildings.

S.209 Power of municipality to direct modification of sanctioned plan of a building before its completion.

S.210 Completion Certificate and lapse of sanction.

S.211 Penalty for disobedience.

S.212 Order of demolition of building and works in certain cases and appeal.

S.213 Compensations.

S.214 Power of municipality to regulate the manufacture, preparation and sale of food and drink.

S.215 Prohibition of possession or sale of wild animals.

S.216 Penalty for infringement of bye-laws.

S.217 1[217. Supplemental provisions respecting bye-laws.

S.218 and 219 1[218 and 219 XXXXXXXXXXXXXXXX]

S.220 Bye-laws to be available for purchase and inspection.

S.221 Regulation of felling of trees within municipal limits.

S.222 Inspection of drains, privies and cesspools.

S.223 Inspection of building etc.

S.224 Other powers of entry on buildings or land.

S.225 Power to inspect places for sale of food or drink etc, and to seize un-wholesome articles exposed for sale.

S.226 Inspections of place for illicit slaughter of animals.

S.227 Refusal to allow inspection.

S.228 Search for inflammable or explosive material in excess of authorised quantity.

S.229 Power of entry for the purpose of preventing spread of disease.

S.230 Authorisation of powers.

S.231 Precautions to be observed in entering dwelling.

S.232 Reasonable time for compliance to be fixed.

S.233 Authentication, service and validity of notices.

S.234 Service when owner and occupier are different persons.

S.235 Mode of giving notice to owner or occupier of property.

S.236 Publication of public notices.

S.237 Penalty for disobedience of orders of municipalities.

S.238 Compensation for damage.

S.239 Power of municipality in the event of non-compliance.

S.240 Penalty for obstruction.

S.241 Recovery of cost of execution.

S.242 Relief to agents and trustees.

S.243 Payment of compensation.

S.244 Appeals from orders of municipality.

S.245 Prosecution to be suspended in certain cases.

S.246 Appeals from certain orders.

S.247 Authority for prosecution.

S.248 Power to compound offences.

S.249 Presentation of accounts and budget of a municipality.

S.250 Revision of budget.

S.251 Supplementary budget.

S.252 Maintenance of accounts and restriction of expenditure.

S.253 Transmission of accounts.

S.254 Power to write off irrecoverable sums.

S.255 Audit of accounts.

S.256 Action by municipality on audit report.

S.257 Recovery of amounts disallowed.

S.258 Procedure for recovery of dues of municipality.

S.259 Conditions of distraint and sale.

S.260 Preparation of development plan.

S.261 District Planning Committees.

S.262 Control by Deputy Commissioner.

S.263 Power to suspend execution of orders, etc.

S.264 Power of Deputy Commissioner in emergency.

S.265 Powers to provide for performance of duties in case of default of municipality.

S.266 Action of Deputy Commissioner to be immediately reported.

S.267 Power of State Government to give directions.

S.268 Exercise of committee's power pending establishment of municipality.

S.269 Power of State Government and its officers over municipality.

S.270 General powers of State Government.

S.271 Power of State Government to dissolve municipality for default, abuse of powers, etc.

S.272 Suspension of office bearers of municipalities.

S.273 Removal of office bearers of municipality.

S.274 Power to call for record.

S.275 Power of inspection and supervision.

S.276 Technical supervision and inspections.

S.277 Taking over of certain branches or departments of the municipality.

S.278 Disputes.

S.279 Power of State Government to frame forms and make rules.

S.280 Definition.

S.281 State Election Commission.

S.281(a) 1[281-A. Requisitioning of premises, vehicles etc., for election purpose.

S.282 Officers authorised to hear election petitions.

S.283 Election petitions.

S.284 Presentation of petitions.

S.284(a) 1[284-A. Parties to the petition.

S.285 Contents of petition.

S.286 Procedure on receiving election petition.

S.287 Withdrawal and transfer of petitions.

S.288 Procedure before the authorised officers.

S.289 Appearance before the authorised officer.

S.290 Power of the authorised officer.

S.291 Documentary evidence.

S.292 Secrecy of voting.

S.293 Answering of incriminating questions and certificate of indemnity.

S.294 Expenses of witnesses.

S.295 Decision of the authorised officer.

S.296 Grounds for setting aside election.

S.297 Abatement of election petition.

S.298 Costs and payment thereof out of security deposits and return of such deposits.

S.299 Execution of orders as to costs.

S.300 Corrupt practices entailing disqualifications.

S.301 Corrupt practices.

S.302 Appeals.

S.303 Bar to interference by Courts in electoral matters.

S.304 Power to make rules for conduct of elections.

S.304(a) Promoting enmity between classes in connection with the election.

S.304(b) Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.

S.304(c) Disturbances at election meetings.

S.304(d) Restrictions on the printing of pamphlets, posters etc.-

S.304(e) Maintenance of secrecy of voting.

S.304(f) Officers etc. at elections not to act for candidates or to influence voting.

S.304(g) Prohibition of canvassing in or near polling stations.

S.304(h) Penalty for disorderly conduct in or near polling stations.

S.304(i) Penalty for misconduct at the polling station.

S.304(j) Penalty for failure to observe procedure for voting.

S.304(k) Penalty for illegal hiring or procuring of conveyance at elections.

S.304(l) Breaches of official duty in connection with election.

S.304(m) Penalty for Government servants for acting as election agent, polling agent or counting agent.

S.304(n) Prohibition of going armed to or near a polling station.

S.304(o) Removal of ballot papers from polling station to be an offence.

S.304(p) Offence of booth capturing.

S.304(q) Grant of paid holiday to employees on the day of poll.

S.304(r) Liquor not to be sold, given or distributed on Polling day.

S.304(s) Other offences and penalties therefor.

S.305 Appointment of Executive Officers/Secretaries in municipa-lities.

S.306 Posts in municipality and appointments thereto.

S.307 Officers and other employees not to be interested in any contract etc. with municipality.

S.308 Power to enquire and report about misconduct of certain officers or officials.

S.309 Power to remove difficulties.

S.310 Repeal of H.P. Act No. 19 of 1968.

S.311 Repeal of Himachal Pradesh Ordinance No. 2 of 1994.

Sch.1 [Section 3(2)]

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