HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Preliminary (ACT NO. 12 OF 1994)¹

S.1 Short title, extent and commencement.

S.2 Definitions.

S.3 Declaration of municipal area as Corporation.

S.4 Incorporation and constitution of Corporation.

S.5 Duration of Corporation.

S.6 Delimitation of wards.

S.7 Qualifications for 1[XXXXXXXXXXX Councillors].

S.8 Disqualifications of 1[XXXXXXXXXXX Councillors].

S.9 Election to the Corporation.

S.9(a) 1[9-A. Requisitioning of premises, vehicles etc. for election purposes.

S.9(b) Payment of compensation.

S.9(c) Release of premises from requisition.

S.9(d) Delegation of functions of the State Government with regard to requisitioning.

S.9(e) Deputation of staff and punishment on breach of official duty.

S.10 Reservation of seats of Councillors.

S.11 Right to vote.

S.12 Filling of casual vacancies.

S.13 Publication of results of elections.

S.13(a) 1[13-A. Account of election expenses and maximum 2[limit] thereof.

S.13(b) Lodging of account.

S.14 Election petitions.

S.14(a) 1[14-A. Parties to the petition.

S.15 Relief that may be claimed by the petitioner.

S.16 Grounds for declaring election to be void.

S.17 Procedure to be followed by the prescribed authority.

S.18 Decision of prescribed authority.

S.19 Procedure in case of equality of votes.

S.20 Finality of decision.

S.21 Corrupt practices.

S.22 Maintenance of secrecy of voting.

S.23 Officers etc. at elections not to act for candidates or to influence voting.

S.24 Prohibition of canvassing in or near polling station and of public meeting on election day.

S.25 Penalty for disorderly conduct in or near polling station.

S.26 Penalty for misconduct at the polling station.

S.27 Breaches of official duty in connection with election.

S.28 Removal of ballot papers from polling station to be an offence.

S.29 Offence of booth capturing.

S.30 Other offences and penalties.

S.30(a) 1[30-A. Promoting enmity between classes of citizen in connection with the election.

S.30(b) Disturbances at election meetings.

S.30(c) Restrictions on the printing of pamphlets, posters etc.

S.30(d) Penalty for failure to observe procedure for voting.

S.30(e) Penalty for illegal hiring or procuring of conveyance at elections.

S.30(f) Penalty for Government servants for acting as election agent, polling agent or counting agent.

S.30(g) Prohibition of going armed to or near a polling station.

S.30(h) Grant of paid holiday to employees on the day of poll.

S.30(i) Liquor not to be sold, given or distributed on polling day.

S.31 Power to make rules regulating the election of 1[XXXXXXXXXXX Councillors].

S.32 Bar to interference by Courts in electoral matters.

S.33 Oath or affirmation by a 1[XXXXXXXXXXX Councillor].

S.34 Removal of and resignation by Councillors.

S.35 Payment of allowances to Councillors.

S.36 1[Election] of Mayor, Deputy Mayor and their term of office.

S.37 1[37.Motion of no confidence against Mayor or Deputy Mayor.

S.38 Discharge of functions of the Mayor by Deputy Mayor.

S.39 Resignation of Mayor and Deputy Mayor.

S.40 Standing Committees.

S.41 General powers of Corporation.

S.42 Functions of Corporation to be entrusted by the Government.

S.43 Obligatory functions of Corporation.

S.44 Discretionary functions of the Corporation.

S.44(a) 1[44-A. Ward Sabha.

S.44(b) Meetings of Ward Sabha.

S.44(c) Ward Committee.

S.44(d) Meetings of Ward Committees.

S.44(e) Agenda

S.44(f) Procedure for conduct of Ward Committee meetings.

S.44(g) Disqualifications.

S.44(h) Duties and functions of the Ward Committee.

S.44(i) Right to seek information.

S.44(j) Function of the Commissioner.

S.45 Appointment of Commissioner.

S.46 Appointment of 1[Additional/Joint Commissioner] and certain other officers.

S.47 Salary and allowances of Commissioners.

S.48 Leave etc. to Commissioner.

S.49 Contribution by Corporation.

S.50 Functions of the Commissioner.

S.51 Power of the Corporation to require Commissioner to produce documents and furnish returns, reports etc.

S.52 Exercise of powers to be subject to sanction.

S.53 Meetings.

S.54 1[(54. First meeting of the Corporation after general elections for election of the Mayor.

S.55 Notice of meetings and business.

S.56 Quorum.

S.57 Presiding Officer.

S.58 Method of deciding question.

S.59 Maintenance of order at, and admission of public to meetings, withdrawal and suspension of Councillors.

S.60 1[XXXXXXXXXXX Councillors] not to vote on matter in which he is interested.

S.61 Right to attend meetings of Corporation and its committees etc. and right of Councillor to ask questions in relation to the administration of municipal area.

S.62 Power to make regulations.

S.63 Keeping of minutes and proceedings.

S.64 Circulation of minutes and inspection of minutes and reports of proceedings.

S.65 Forwarding minutes and reports of proceeding to the Government.

S.66 Validation of proceedings etc.

S.67 Posts in Corporation and appointments thereto.

S.68 Officers and other employees not to be interested in any contract etc. with Corporation.-

S.69 Constitution of Corporation fund.

S.70 Corporation fund to be kept in State Bank of India or in a Scheduled Bank or in a Government Treasury.

S.71 Operation of accounts with banks.

S.72 Payment not to be made unless covered by a budget grant.

S.73 Duty of persons signing cheques.

S.74 Procedure when money not covered by a budget grant is expended.

S.75 Application of Corporation Fund.

S.76 Payments from Corporation Fund for works urgently required for public service.

S.77 Investment of surplus money.

S.78 Constitution of special funds.

S.79 Finance Commission.

S.80 Budget estimates.

S.81 Power of Corporation to alter budget estimates.

S.82 Power of Corporation to re-adjust income and expenditure during the year.

S.83 Provisions as to unexpended budget grant.

S.84 Taxes etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government.

S.85 1[85. Fee and users charges.

S.86 1[86. Rate of tax on lands and buildings.

S.87 1Section 87 [XXXXXXXXXXXXXXXX]

S.88 1[88. Determination of rateable value of lands and buildings assessable to taxes.-

S.89 Taxation of union properties.

S.90 1[90. Incidence of taxes on lands and buildings.

S.91 1Section 91 [XXXXXXXXXXXXXXXXXXX]

S.92 Recovery of taxes on lands and buildings from occupiers.

S.93 Taxes on lands and buildings a first charge on premises on which they are assessed.

S.94 Assessment list.

S.95 Evidentiary value of assessment list.

S.96 Amendment of assessment list.

S.97 Preparation of new assessment list.

S.98 Notice of transfers.

S.99 Notice of erection of building etc.

S.100 Notice of demolition or removal of building.

S.101 Power of Commissioner to call for information.

S.102 1Section 102 [XXXXXXXXXXXXXXXXXXXXXXXXX]

S.103 Assessment in case of amalgamation of premises.

S.104 Power of Commissioner to assess separately outhouses portion of buildings.

S.105 Power of Commissioner to employ valuers.

S.106 Recovery of tolls or taxes.

S.107 to 114 1[ Sections 107 to 114 XXXXXXXXXXXXXXXXXXXX]

S.115 1[Fees] on advertisements.

S.116 Prohibition of advertisement without written permission of Commissioner.

S.117 Permission of Commissioner to become void in certain cases.

S.118 Presumption in case of contravention.

S.119 Power of Commissioner in case of contravention.

S.120 1Section 120 [XXXXXXXXXXXXXXXXXXXX]

S.121 Time and manner of payment of taxes or fees.

S.122 Presentation of bill of tax or fee.

S.123 Consequences of failure to pay tax or fee within thirty days.

S.124 Manner of recovering tax or fee.

S.125 Power of seizure of vehicles and animals in case of non-payments of tax thereon.

S.126 Demolition etc. of building.

S.127 Remission or refund of tax on lands and buildings.

S.128 Power to require entry in assessment list of details of buildings.

S.129 Notice to be given of circumstances in which remission or refund is claimed.

S.130 What building etc. are to be deemed vacant.

S.131 Notice to be given of every occupation of vacant land or building.

S.132 Appeal against assessment etc.

S.133 Conditions of right to appeal.

S.134 Finality of appellate orders.

S.135 Taxation not to be questioned except under this Act.

S.136 Power to inspect for purposes of determining the rateable value or tax or fee.

S.137 Composition.

S.138 Irrecoverable debts.

S.139 Obligation to disclose liability.

S.140 Power to amend list in certain cases.

S.141 Immaterial error not to affect liability.

S.142 Power of exemption.

S.143 Power of Government in regard to taxes.

S.144 Power of Corporation to borrow.

S.145 Time for repayment of money borrowed under section 144.

S.146 Form and effect of debentures.

S.147 Receipt by joint holders for the interest or dividend.

S.148 Maintenance and investment of sinking fund.

S.149 Application of sinking fund.

S.150 Annual statement by Commissioner.

S.151 Priority of payment for interest and repayment of loans over other payments.

S.152 Attachment of Corporation Fund for recovery of money borrowed from Government.

S.153 Power to make regulations.

S.154 Property vested in Corporation and management of public institutions.

S.155 Acquisition of immovable property by agreement.

S.156 Procedure when immovable property can not be acquired by agreement.

S.157 Disposal of property.

S.158 Contracts by Corporation.

S.159 Procedure for making contracts.

S.160 Mode of executing contracts.

S.161 Maintenance of accounts.

S.162 Report by audit agency.

S.163 Action by Commissioner on the report.

S.164 Procedure to be followed by audit agency.

S.165 Power of auditor to make queries etc. and call for returns etc.

S.166 Definitions.

S.167 Power to require Corporation to carry out surveys and formulate proposals.

S.168 Power to construct additional works.

S.169 Functions in relation to water supply.

S.170 Supply of water to connected premises.

S.171 Power to supply water for non-domestic purposes.

S.172 Making connection with municipal water works.

S.173 Obligation of owner or occupier to give notice of waste of water.

S.174 Cutting of supply to premises.

S.175 New premises no to be occupied without arrangement for water supply.

S.176 Public gratuitous water supply.

S.177 Power to lay mains.

S.178 Power to lay service pipes etc.

S.179 Provision of fire hydrants.

S.180 Power to enter premises to detect waste or misuse of water.

S.181 Power to test water fittings.

S.182 Power to close or restrict use of water from polluted source of supply.

S.183 Water pipes etc. not to be placed where water will be polluted.

S.184 Joint and several liability of owners and occupiers for offence in relation to water supply.

S.185 Public drains etc. to vest in Corporation.

S.186 Control of drains and sewage disposal works.

S.187 Certain matters not to be passed into municipal drains.

S.188 Application by owners and occupiers to drain into municipal drains.

S.189 Drainage of undrained premises.

S.190 New premises not to be erected without drainage.

S.191 Power to drain group or block of premises by combined operations.

S.192 Power of Commissioner to close or limit the use of private drain in certain cases.

S.193 Use of drain by a person other than owner.

S.194 Sewage and rain water drains to be distinct.

S.195 Powers of Commissioner to require owner to carry out certain works for satisfactory drainage.

S.196 Appointment of places for the emptying of drains and disposal of sewage.

S.197 Connection with water works and drains not to be made without permission.

S.198 Buildings, railways and private streets not to be erected or constructed or constructed over drains or water works without permission.

S.199 Rights of user of property for aqueducts, lines etc.

S.200 Power of owner of premises to place pipes and drains through land belonging to other persons.

S.201 Railway administration to be informed in certain cases.

S.202 Power of Commissioner to execute work after giving notice to the person liable to do so.

S.203 Power of Commissioner to affix shafts etc. for ventilation of drain or, cesspool.

S.204 Power of Commissioner to examine and test drain etc. believed to be defective.

S.205 Employment of Government agencies for repairs etc.

S.206 Work to be done by licensed plumber.

S.207 Prohibition of certain acts.

S.208 Vesting of public streets in Corporation.

S.209 Functions of Commissioner in respect of public streets.

S.210 Disposal of land forming site of public streets permanently closed.

S.211 Power to make new public streets.

S.212 Minimum width of new public streets.

S.213 Power to prohibit use of public streets for certain kinds of traffic.

S.214 Power to acquire land and buildings for public streets and for public parking places.

S.215 Defining regular lines of streets.

S.216 Setting back of buildings to regular line of street.

S.217 Compulsory setting back of building to regular line of street.

S.218 Acquisition of open land and land occupied by platforms etc. within the regular line of street.

S.219 Acquisition of remaining part of building and land after their portions within regular line of street have been acquired.

S.220 Setting forward of building to regular line of street.

S.221 Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.

S.222 Owners obligation when dealing with land or building sites.

S.223 Layout plans.

S.224 Alteration or demolition of street made in breach of section 223.

S.225 Power of Commissioner to order work to be carried out or to carry it himself in default.

S.226 Declaration of public streets.

S.227 Prohibition of projection upon street etc.

S.228 Projection over streets may be permitted in certain cases.

S.229 Ground floor, door etc. not to open outwards on streets.

S.230 Prohibition of structures, fixtures or deposit of things in street.

S.231 Special provision regarding streets belonging to Government.

S.232 Power to remove anything deposited or exposed for sale in contravention of this Act.

S.233 Prohibition of tethering of animals and milking of cattle.

S.234 Precautions during repairs of street etc.

S.235 Streets not to be opened or broken up and building materials not to be deposited thereon without permission.

S.236 Disposal of things removed under this chapter.

S.237 Naming and numbering of streets.

S.238 Commissioner to take steps for repairing or enclosing places.

S.239 Measures for lighting.

S.240 Prohibition of removal, etc. of lamps.

S.241 Definitions.

S.242 Prohibition of erection of building without sanction.

S.243 Erection of building.

S.244 Applications for additions to, or repairs of building. (1) Every person who intends to execute any of the following works, namely:

S.245 Condition of valid notice.

S.246 Sanction or refusal of building or work.

S.247 When building or work may be proceeded with.

S.248 Sanction accorded under mis-representation.

S.249 Buildings at corners of streets.

S.250 Provisions as to buildings and works on either side of new streets.

S.251 1Section 251 [XXXXXXXXXXXXXXXXXXXXXXX]

S.252 Prohibition against use of inflammable materials for buildings etc., without permission.

S.253 Order of demolition and stoppage of building and works in certain cases and appeal.

S.254 Order of stoppage of building or works in certain cases.

S.254(a) 1[254-A. Power to seal unauthorized development or construction.

S.255 Power of State Government to give directions for compounding deviations from sanctioned plan.

S.256 Power of Commissioner to require alteration of work.

S.257 Completion certificate.

S.258 Restriction on user of buildings and removal of dangerous buildings.

S.259 Power to order building to be vacated in certain circumstances.

S.260 Building scheme.

S.261 Provision for daily cleansing of streets and removal of rubbish and filth.

S.262 Rubbish etc. to be property of Corporation.

S.263 Provision for placement of receptacles, depots and places for rubbish etc.

S.264 Duty of owners and occupiers to collect and deposit rubbish etc.

S.265 Removal of rubbish etc. accumulated on premises used as factories, workshops etc.

S.266 Prohibition against accumulation of rubbish etc.

S.267 Commissioner's power to get premises scavenged and cleansed.

S.268 Public latrines, urinals etc.

S.269 Construction of latrines and urinals.

S.270 Latrines and urinals etc. in new buildings.

S.271 Latrines and urinals for labourers etc.

S.272 Provision of latrines and urinals for markets etc.

S.273 Other provisions as to private latrines.

S.274 Removal of congested building.

S.275 Power of Commissioner to require improvement of buildings unfit for human habitation.

S.276 Enforcement of notice requiring execution of works of improvement.

S.277 Power of Commissioner to order demolition of buildings unfit for human habitation.

S.278 Insanitary huts and sheds.

S.279 Prohibition against washing by washerman.

S.280 Obligation to give information of dangerous disease.

S.281 Removal of patient to hospital suffering from dangerous disease.

S.282 Disinfection of buildings and articles.

S.283 Destruction of infections huts or sheds.

S.284 Means of disinfection.

S.285 Special measures in case of out-break of dangerous or epidemic diseases.

S.286 Infected clothes not to be sent to washerman or to laundry.

S.287 Contamination and disinfection of public conveyances.

S.288 Driver of conveyance not bound to carry persons suffering from dangerous diseases.

S.289 Disinfection of buildings before letting the same.

S.290 Disposal of infected articles without disinfection.

S.291 Prohibition of making or selling of food, etc. or washing of clothes by infected persons.

S.292 Power to restrict or prohibit sale of food or drink.

S.293 Control over wells and tanks etc.

S.294 Duty of persons suffering from dangerous diseases.

S.295 Disposal of infectious corpse, where any person has died from any dangerous disease.

S.296 Conditions of service of Safai Karamcharis and certain other classes of persons employed in Corporation services.

S.297 Power to call for information regarding burning or burial ground.

S.298 Permission for use of new burning or burial ground.

S.299 Power to require closing of burning and burial grounds.

S.300 Removal of corpses.

S.301 Disposal of dead animals.

S.302 Prohibition of nuisances.

S.303 Power of Commissioner to require removal or abatement of nuisance.

S.304 Registration and control of dogs.

S.305 Staking or collecting inflammable materials.

S.306 Care of naked lights.

S.307 Discharging fire-works, fire-arms etc.

S.308 Power to require buildings, wells, etc. to be rendered safe.

S.309 Enclosure of waste land used for improper purposes.

S.310 Establishment and maintenance of fire-brigade.

S.311 Power of members of fire-brigades and other persons for suppression of fire.

S.312 Limitation on operation of this Chapter.

S.313 Provision of municipal markets and slaughter houses.

S.314 Use of municipal markets.

S.315 Private markets and slaughter houses.

S.316 Conditions of grant of license for private market.

S.317 Prohibition of keeping markets open without licence etc.

S.318 Prohibition of use of unlicensed market.

S.319 Prohibition of business and trade.

S.320 Levy of stallages, rent and fees.

S.321 Stallages, rents etc. to be published.

S.322 Butcher's fishmonger's and poulterer's licence.

S.323 Factory etc. not to be established without permission of Commissioner.

S.324 Premises not to be used for certain purposes without licence.

S.324(a) 1[324-A. Registration of cattle and maintenance of their record.

S.325 Seizure of certain animals.

S.326 Power of the Commissioner to prevent use of premises in particular area for purposes referred to in section 324.

S.327 Licences for hawking articles etc.

S.328 Eating houses etc. not to be used without licence from Commissioner.

S.329 Licencing and control of theatre, circuses and places of public amusement.

S.330 Power of Commissioner to stop use of premises used in contravention of licences.

S.331 Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected.

S.332 Improvement scheme.

S.333 Matters to be provided for in an improvement scheme.

S.334 Submission of improvement scheme to the Corporation for approval and to the Government for sanction.

S.335 Publication of the notice after scheme is sanctioned.

S.336 Rehousing scheme.

S.337 Improvement scheme and rehousing scheme to comply with master plan and zonal development plan.

S.338 Provisions of housing accommodation for the economically weaker sections.

S.339 Prohibiting, felling, cutting, damaging, destroying any tree in any urban area.

S.340 Constitution of Tree Authority.

S.341 Meeting of Tree Authority.

S.342 Duties of Tree Authority.

S.343 Appointment of Tree Officer.

S.344 Application for permission for cutting/felling or removal of a tree.

S.345 Permission for felling of tree.

S.346 Planting of adequate number of trees.

S.347 Planting in place of fallen/destroyed trees.

S.348 Responsibilities for preservation of trees.

S.349 The recovery of expenditure on failure to comply with orders for planting of trees.

S.350 Appeals.

S.351 Seizure.

S.352 Penalty.

S.353 Compounding of offences.

S.354 Operation of other laws not barred.

S.355 Power to make rules.

S.356 Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions.

S.357 Power of entry and inspection.

S.358 Power to enter land, adjoining land in relation to any work.

S.359 Breaking into building.

S.360 Time of making entry.

S.361 Consent ordinarily to be obtained.

S.362 Regard to be had to social or religious usages.

S.363 Prohibition of obstruction or molestration in execution of work.

S.364 Public notices how to be made known.

S.365 Newspaper in which advertisement of notices to be published.

S.366 Proof of consent, etc. of Commissioner etc.

S.367 Notices, etc. to fix reasonable time.

S.368 Signature on notices etc. may be stamped.

S.370 Service of notices, etc.

S.371 Power in case of non-compliance with notice, etc.

S.372 Liability of occupier to pay in default of owner.

S.373 Execution of work by occupier in default of owner and deduction of expenses from rent.

S.374 Relief to agents and trustees.

S.375 General power to pay compensation.

S.376 Compensation to be paid by offenders for damage caused by them.

S.377 Mode of recovery of certain dues.

S.378 Right of owner to apply to court of the District Judge in case of obstruction by occupier.

S.379 General powers and procedure of the court of District Judge.

S.380 Fees in proceeding before court of the District Judge.

S.381 Repayment of half fees on settlement before hearing.

S.382 Power of the court of District Judge to delegate certain powers and to make rules.

S.383 Punishment for certain offences.

S.384 General.

S.385 Offences by Companies.

S.386 Police establishments.

S.387 Arrest of offenders.

S.388 Power to institute legal proceedings etc. and obtain legal advice.

S.389 Prosecution.

S.390 Composition of offences.

S.391 Protection or action of the Corporation etc.

S.392 Notice to be given of suits.

S.393 Supplemental provisions respecting rules.

S.394 Supplemental provisions respecting regulations.

S.395 Powers to make bye-laws.

S.396 Penalty for breaches of bye-laws.

S.397 1[397. Supplemental provisions respecting bye-laws.

S.398 Bye-laws to be available for inspection and purchase.

S.399 Power of Government to require production of documents.

S.400 Inspection.

S.401 Power to give directions.

S.402 Power to provide for enforcement of direction under section 401.

S.402(a) 1[402-A. Power to review.

S.403 Power of revision.

S.404 Dissolution of Corporation.

S.405 Delegation.

S.406 Validity of notices and other documents.

S.407 Admissibility of document or entry as evidence.

S.408 Evidence of Corporation Officer or employee.

S.409 Prohibition against obstruction of Mayor or any Corporation authority etc.

S.410 Prohibition against removal of mark.

S.411 Prohibition against removal or obliteration of notice.

S.412 Prohibition against unauthorised removal of deposit etc.

S.413 1[Liability of Mayor, Deputy Mayor and Councillors].

S.414 Councillor and Corporation Officers and employees to be public servants.

S.415 Annual Administration report.

S.416 Construction of reference.

S.417 Special provisions as to rural areas.

S.418 Power to suspend any resolution or order of Corporation.

S.419 Power of Government to modify proceedings.

S.420 Power of Government to withdraw any area of Municipal area, from operation of Act.

S.421 District Planning Committees.

S.422 Transitional provisions.

S.423 Provisions regarding officers and employees.

S.424 Assets, liabilities, debts obligations, contracts and pending proceedings.

S.425 Provision for municipality or local authority which is superseded or dissolved.

S.426 Power to enquire and make report about misconduct of certain officer or officials.

S.427 Power to remove difficulties.

S.428 Repeal of Act No. 9 of 1980.

S.429 Repeal of Ordinance No. 3 of 1994.

Sch.1 (See section 324)

Sch.2 (See section 383)

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