HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
(Received the assent of Governor on the 18thOctober, 1994 and was published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 18th October, 1994, pp. 3477- 3845).
Amended, repealed or otherwise affected-
2. H.P. Act No. 7 of 19973, assented to by the Governor on 18th April, 1997, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 19th April, 1997, pp. 1367-1372, effective from 10th January, 1997.
3. H.P. Act No. 3 of 19984, assented to by the Governor on 7th February, 1998, published both in Hindi and English in the Rajpa
(1) This Act may be called the Himachal Pradesh Municipal Corporation Act, 1994.
(2) It extends to the whole of the State of Himachal Pradesh excluding the cantonment areas therein.
(3) It shall and shall be deemed to have come into force on the 30th day of May, 1994.
In this Act, unless the context otherwise requires,-
(1) "backward classes" means such classes of citizens other than scheduled castes and scheduled tribes, as may be identified and notified for the purpose of reservation for appointments or posts in the services under the State Government;
(2) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder;
(3) "building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, wall or any other structure, whether of masonry, bricks, wood, mud, metal or other material and includes a well but does not include any portable shelter;
(4) "bye-law" means a bye-l
(1) For the purposes of this Act the area comprised within the limits of the Shimla Municipal Corporation constituted under the Himachal Pradesh Municipal Corporation Act, 1979 (9 of 1980) shall be the Municipal Corporation of Shimla.
(2) The Government may, from time to time, by a notification in the Official Gazette, declare any municipality to be a Corporation Known as "the Municipal Corporation of............................... (Name of Corporation) ":
Provided that no municipality or group of municipalities shall be so declared to be a Corporation unless.-
(ii) the total income of the municipality or group of municipalities immediately preceding the date of issue of the notification, exceeds two crores rupees per annum.
(3) The Government may, from time to time, after consultation with the C
(1) The Corporation shall be a body corporate having perpetual succession and a common seal with power subject to the Provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
(2) Save as provided in sub-section(3), all seats in the Corporation shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose the municipal area shall, by a notification issued in this behalf, be divided into territorial constituencies to be known as wards.
1[(3) In the Corporation, in addition to persons chosen by direct election under this section, the Members of the State Legislative Assembly, representing constituencies which comprise wholly or partly in municipal area, shall also be the Councillors[.] 2
3[XXXXXXXXXXXX]
4[(3-A). The State
(1) The Corporation, unless sooner dissolved under section 404 of this Act, shall continue for five years from the date appointed for its first meeting.
(2) An election to constitute the Corporation shall be completed -
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period.
(3) A Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Corporation would have continued under sub-section (1) had it not been so dis
For the purposes of election of Councillors the Deputy Commissioner shall, in accordance with such rules as may be, prescribed by the State Government,-
(i) one Councillor shall be elected from each ward; and
(ii) as far as possible the population in each ward shall be equally distributed:
Provided that the population in each ward shall not be less than 1[3000] and the number of total seats to be filled by direct election shall not exceed 2[thirty seven];
(b) determine the territorial extent of each ward; and
(c) determine the ward or wards in which seats are reserved under this Act.
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1. Substituted for the figure "3500" vide H.P. Act No. 2 of 2002, effective from 14
A person shall not be qualified to be chosen as a 2[XXXXXXXXX Councillor], unless-
(b) his name is registered as an elector in the electoral roll of any ward in the municipal area.
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1. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and again the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and again the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
(1) A person shall be disqualified for being chosen as, and for being, a 2[XXXXXXXXXXX Councillor] of the Corporation-
Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years; and
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) A person shall also be disqualified for being chosen as, and for being, a 3[XXXXXXXXXXX Councillor]-
(b) if he is an undischarged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign
(1) The superintendence, direction and control of the preparation of electoral rolls, delimitation of wards, reservation and allotment of seats by rotation for, and the conduct of all elections of the Corporation, shall be vested in the State Election Commission.
(2) The Government as well as the Corporation shall, when so requested by the State Election Commission, make available to the Commission such staff 1[, material and monetary resources] as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1).
(3) The Commission shall frame its own rules and lay down its own procedure.
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1. Inserted vide H.P. Act No. 5 of 2002.
Section 9 of the Himachal Pradesh Municipal Corporation Act, 1994, pertains to the powers and functions delegated to the municipal authorities, including the power to manage municipal affairs, impose taxes, and regulate municipal activities. It forms a crucial part of the statutory framework governing urban local bodies in Himachal Pradesh, ensuring effective governance, administration, and accountability within municipal jurisdictions.
While the exact wording of Section 9 is not provided in the sources, it generally encompasses provisions related to:- Delegation of government functions to municipal authorities- Powers concerning taxation, property management, and municipal services- Administrative responsibilities, including the power to impose penalties and enforce regulations- Delegation of official duties and functions to officers and staff- Specific powers such as requisitioning, deputation, and disciplinary actions
Note: The analysis above synthesizes the available information from the provided sources, focusing on the typical scope, legal implications, and judicial interpretations related to Section 9 of the Himachal Pradesh Municipal Corporation Act, 1994.
(1) If it appears to the State Government that in relation to the Municipal Corporation,-
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the State Government, may by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:
Provided that no vehicle, vessel or
(1) Whenever in pursuance of section 9-A, the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:-
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation, to be paid shall be such as the arbitrator appointed in this behalf by the State Governm
(1) When any premises requisitioned under section 9-A are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom the possession of any premises requisitioned under section 9-A is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the State Government shal
The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on it by any of the provisions of sections 9-A to 9-C shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
(1) The State Government shall depute staff from Government or Semi Government Organisations of the State Government for the conduct of all elections to the Municipal Corporation and the officers or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of all elections shall be deemed to be on deputation with the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.
(2) If any person deputed on election duty under sub-section (1) disobeys any orders issued by an officer appointed to conduct the election under this Act regarding the performance of an election duty or deliberately abstains himself from duty or contravenes any provision of this Act and the rules made thereunder, he shall be punishable with fine which ma
(1) Seats shall be reserved in the Corporation,-
(b) for the Scheduled Tribes;
and the number of seats so reserved shall bear as nearly as may be same proportion to the total number of seats to be filled by direct election in the Corporation as the population of the Scheduled Castes and the Scheduled Tribes in the municipal area bears to the total population of the municipal area:
Provided that in case no reservation of seats is possible as aforesaid due to small population of the Scheduled Castes or the Scheduled Tribes and the population of Scheduled Castes or of the Scheduled Tribes in the municipal area is at least five per cent of the total population of the municipal area, one seat shall be reserved for the Scheduled Castes, or the Scheduled Tribes, as the case may be, in such a Corporation:
Provided further th
(1) For every municipal area there shall be a list of voters which shall be prepared in accordance with the provisions of this Act and the rules made thereunder.
(2) Every person who is qualified to be registered in Legislative Assembly roll relatable to the municipal area or whose name is entered therein and ordinarily resident within the municipal area shall be entitled to be registered in the list of voters of that municipal area:
Provided that no person shall be entitled to be registered in the list of voters for more than one ward of the municipal area.
Explanation-I.- The expression "ordinarily resident" shall have the meaning assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1951) subject to the modification, that reference to "constituency" therein will be construed as reference to "municipal area".
Explanation-II.- A person shall be disqual
(1) Whenever a vacancy occurring by death, resignation or removal, or by vacation of a seat for any other reason, the vacancy shall be filled within six months of the occurrence of such vacancy:
Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the holding of a general election.
(2) Every person elected or nominated to fill a casual vacancy shall be elected or nominated to serve for the remainder of his predecessor's term of office.
(3) If the vacancy be a vacancy reserved for any category, the vacancy will be filled from the same category.
The names of all persons elected as 1[XXXXXXXXX Councillor] shall, as soon as may be after such election be published by the State Election Commission in the Official Gazette:
Provided that the names of all the Councillors elected at a general election shall be so published as far as possible simultaneously.
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1. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
(1) Every candidate at an election shall, either himself or by his election agent, 3[or by any other person with his authority, consent or knowledge] keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent 4[or by any other person with his authority, consent or knowledge] between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.
(2) The account shall contain such particulars, as may be prescribed by the State Government in consultation with the State Election Commission.
(3) The total of the said expenditure shall not exceed such amount as may be prescribed by the State Government in consultation with the State Election Commission.
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1. Sections 13-A and 13-B inserted by Act No.
Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidates at the election and the dates of their election are different, the later of those two dates lodge with the officer, as may be appointed by the State Election Commission, an account of his election expenses which shall be a true copy of the account kept by him or by his election agent 1[or by any other person with his authority, consent or knowledge] under section 13-A.]
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1. Inserted vide H.P. Act No. 5 of 2002.
(1) No election of a 1[XXXXXX] Councillor shall be called in question except by any election petition presented to the Divisional Commissioner], having jurisdiction over that municipal area hereinafter in this Chapter referred to as the prescribed authority within thirty days from the date of the publication of the result of the election under section 13.
(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 16, by any candidate at such election or by any elector of the ward concerned.
(3) Petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition-
(b) shall, with sufficient particulars, set forth the ground or grounds on wh
A petitioner shall join as respondents to his petition,-
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.].
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1. Section 14-A inserted vide H.P. Act No. 5 of 2002.
A petitioner may claim-
(b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected.
Explanation.- The expression "returned candidate" means a candidate whose name has been published in the Official Gazette, under section 13.
(1) Subject to the provisions of sub-section (2), if the prescribed authority is of the opinion-
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election in so far as it concerns, a returned candidate has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interest of the returned candidate by a person other than the candidate or his agent or a person acting with the consent of such candidate or agent; o
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the prescribed authority in the trial and disposal of an election petition under this Act.
Subject to the provisions of this Act and of any rules made thereunder every election petition shall be decided by the prescribed authority within a period of six months from the date of its presentation under section 14, and at the conclusion of the hearing of an election petition, the prescribed authority shall make an order-
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion -
If during the hearing of an election petition it appears that there is an equality of votes between any candidate at the election and that the addition of a vote would entitle any of those candidate to be declared elected, then the prescribed authority shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.
(1) Save as otherwise provided, an order of the prescribed authority on an election petition shall be final.
(2) An election of a 1[XXXXXXXXXXX Councillor] not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.
(3) Any person aggrieved by the order of the prescribed authority may file an appeal to the 2[Financial Commissioner (Appeal) to the Government of Himachal Pradesh or such other officers, as may be authorised, by notification, by the State Government in consultation with the State Election Commission], within a period of thirty days from the date of the order and he shall hear and dispose of the appeal within a period of ninety days.
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1. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and the w
The following shall be deemed to be corrupt practices, namely:-
(1) Bribery as defined in sub-section (1) of section 123 of the Representation of the People Act, 1951 (43 of 1951);
(2) Undue influence as defined in sub-section (2) of the said section;
(3) An appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election;
(4) The publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not believe to
(1) Every officer, or official, agent or other person who performs any duty in connection with the recording or counting of votes at an election, shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
(1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election or an officer or official appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force, shall, in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid shall endeavour-
(b) to dissuade any person for giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may ext
(1) No person shall, on the date or dates on which the poll is taken at any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred metres of the polling station, namely:-
(b) soliciting the votes of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
1[(2) No person shall,-
(b) display to the public any election matter by means of cinematography, television or o
(1) No person shall, on the date or dates on which a poll is taken at any polling station,-
(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof;
so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station.
(2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, o
(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The power conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. An offence punishable under this section shall be cognizable.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly.
(1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to
Whoever commits an offence of booth capturing, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine.
Explanation.- For the purposes of this section, "booth capturing" includes, among other things, all or any of the following activities, namely:-
(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his o
(1) A person shall be guilty of an electoral offence, if at any election he-
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper or any declaration of identify or official envelope used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot-box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballo
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizen of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
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1. Sections 30-A to 30-I inserted vide H.P. Act No. 5 of 2002.
(1) Any person who at a public meeting to which this section applies acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon constituency to elect a member or members and the date on which election is held.
(4) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting require that person to declare to him immediatel
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster-
(b) unless within reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,-
(i) where it is printed in the Capital of the State, to the State Election Commission; and
(ii) in any other case, to the District Magistrate of the district, it is printed.
(3) For the purpose
If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation.
If any person is guilty of any such corrupt practices as specified in sub-section (5) of section 21 of this Act, at or in connection with an election, he shall be punishable with imprisonment which may extend to three months, or with fine.
If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act.
(4) An offence punishable under sub
(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the Municipal Corporation shall, on the day of poll, be granted a holiday.
(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engag
(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, catering house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed off in such manner as may be prescribed.]
(1) The Government may in consultation with State Election Commission make rules to provide for or regulate all or any of the following matters for the purpose of holding elections of a Councillors under this Act, namely:-
(b) the appointment of returning officers, assistant returning officers presiding officers and polling officers for the conduct of election;
(c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations and allotment of symbols to candidates;
(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation;
(e) the withdrawal of candidature;
Notwithstanding anything in this Act, the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243-K of the Constitution of India shall not be called in question in any Court.
(1) Every a 2[XXXXXXXXXXX Councillor] shall, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form, namely:-
(2) If a person sits or votes as a 4[XXXXXXXXXXX Councillor] before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as an arrear of tax under this Act, and his vote will be considered invalid.
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(1) The Government may, by notification, remove any Councillor, if in its opinion -
(b) he has flagrantly abused his position as a Councillor or has through negligence or misconduct been responsible for the loss or misapplication of any money or property of the Corporation;
(c) he has become physically or mentally incapacitated for performing his duties as a Councillor; or
(d) he absents himself during three successive months from the meetings of the Corporation; or
(e) he acts in contravention of the provisions of section 61; or
1[(f) he has without reasonable cause in the opinion of the State Government fails to convene more than three consecutive meetings of the Ward Committee:]
Provided that before making an ord
The Councillors shall be entitled to receive allowances for attendance at meetings of the Corporation and of its committees at such rates as may be prescribed subject to the limits as may be imposed by the Government.
2[(1) The Corporation shall at its first meeting and thereafter at the expiration of every two and half years, elect one of its Councillors to be the Chairperson to be known as the Mayor and another Councillor to be the Deputy Mayor of the Corporation:
Provided that the office of the Mayor shall be reserved for the Scheduled Castes, Scheduled Tribes and Women; by rotation or by lots in the manner prescribed:
Provided further that where the population of any class of persons referred to in the foregoing proviso is less than fifteen percent of the total population of the Municipal area, the office of the Mayor shall not be reserved for that class.
(2) The term of office of the Mayor and the Deputy Mayor of the Corporation shall be two and half years from the date of his election, as such, unless in the meantime he resigns his office as Mayor or Deputy Mayor or unless in the case of Deputy Mayo
(1) A motion of no confidence against the Mayor or the Deputy Mayor may be made in accordance with the procedure as may be prescribed.
(2) Where a notice of intention to move a resolution requiring the Mayor or the Deputy Mayor of the Corporation to vacate his office, signed by not less than majority of its total elected Councillors is given and if a motion of no confidence is carried by a resolution passed by a majority of elected Councillors present and voting at its general or special meeting, the quorum of which is not less than one-half of its total elected members, the Mayor or the Deputy Mayor against whom such resolution is passed shall cease to hold office forthwith.
(3) Notwithstanding anything contained in this Act or the rules made thereunder, the Mayor or the Deputy Mayor of the Corporation shall not preside over a meeting in which a motion of no confidence is to be discussed against him. Such meeting shall be
(1) When the office of the Mayor is vacant, the Deputy Mayor shall act as Mayor until a new Mayor is elected.
(2) When the Mayor is absent from duty on account of illness or any other cause, the Deputy Mayor, shall act, as Mayor during his absence.
(1) The Mayor may, by writing under his hand addressed to the Deputy Mayor, resign his office:
1[Provided that if the office of the Deputy Mayor is vacant, then the Mayor may submit his resignation to the Deputy Commissioner of the District.]
(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor, resign his office:
2[Provided that if the office of the Mayor is vacant, then the Deputy Mayor may submit his resignation to the Deputy Commissioner of the District.]
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date of its acceptance by the Mayor or Deputy Mayor, 3[or the Deputy Commissioner] as the case may be.
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1. Proviso inserted vide H.P. Act No. 11 of 2010.
2. Proviso to Sub-section (2) inserted vide H.P. Act
(1) The Corporation shall have the following standing committees, namely:-
(b) Finance, Contracts and Planning Committee; and
(c) Social Justice Committee.
(2) Each standing committee shall consist of not less than three and not more than five Councillors including the Mayor or Deputy Mayor, as the case may be, elected by the Councillors of the Municipal Corporation from amongst elected Councillors:
Provided that Social Justice Committee shall include at least one member who may be a woman or a member of a Scheduled Caste or of a Scheduled Tribe.
(3) The General Functions Committee shall perform functions relating to the establishment matters, communications, construction of buildings and roads, urban housing, relief against natural calamities, water supply, sewerage disposal, health and sanitati
(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder, the municipal administration of the municipal area shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Corporation to consider all periodical statements of the receipts and disbursement and all progress reports and pass such resolutions thereon as it deems fit.
(1) Without prejudice to the generality of the provision of sub-section (1) of section 41, the State Government shall by notification endow the Corporation with such powers and authority as may be necessary from time to time to enable it to function as institution of Local Self Government, subject to such conditions as may be specified therein, with regard to,-
(b) the performance of functions and implementation of schemes which may be entrusted to it including the functions in respect of the following matters, namely:-
(i) urban planning including town planning;
(ii) regulation of land-use and construction of buildings;
(iii) planning for economic and social development;
(iv) roads and bridges;
(v) water supply for domestic, industrial an
It shall be incumbent on the Corporation to make adequate provisions by any means or measures which it may lawfully use or take for each of the following matters, namely:-
(b) the construction and maintenance of works and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(e) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(f) the construction and maintenance of cattle pond;
The Corporation may provide either wholly or in part for all or any of the following matters, namely:-
(b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to stadia, gymnasia, akharas and places for sports and games;
(d) the civic reception to persons of distinction;
(e) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas;
(f) the organisation and management of fairs and exhibitions;
(g) the construction and maintenance of-
(i) rest houses;
(ii) poor houses;
(iii) inf
All persons comprised in the electoral roll of a ward shall constitute the Ward Sabha for the purposes of this Act.
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1. Sections 44-A to 44-J inserted vide H.P. Act No. 11 of 2010.
(1) There shall be two meetings of the Ward Sabha in a year. The meeting shall be convened by the elected ward Councillor at a public place after public notice alongwith agenda.
(2) The officer, to be nominated by the Commissioner, shall be the Secretary of the Ward Sabha. The minutes of the proceedings of the meetings of the Ward Sabha shall be recorded by the Secretary and a copy of minutes of the proceedings of each meeting shall be forwarded by him to the Commissioner.
(1) There shall be a Ward Committee for each ward in the Corporation to be constituted within six months of the constitution of Corporation.
(2) Each Ward Committee shall consist of a President and not exceeding nine eminent members, to be nominated by the Ward Sabha.
(3) The elected Ward Councillor representing that ward shall be the President of the Ward Committee:
Provided that at least fifty per cent seats of members of the Ward Committee shall be reserved for women.
Explanation.- For the purposes of this section, "eminent member" of Ward Sabha means any person or a representative of a non-government organization or an association or a community based organization working for or representing any section of civil society in fields such as environment, social welfare, rural development, health, culture, business, trade etc.
(4) A person shall be disqualifie
It shall be the duty of the President to conduct meetings of the ward Committee at least once in two months for discussing the developmental issues and plans of the ward concerned.
It shall be the duly of the President to set agenda for the meetings of the Ward Committee.
Following procedure shall be followed while conducting meetings of the Ward Committee, namely:-
(ii) minutes of the Ward Committee meetings shall be maintained by the Secretary and the same shall be made available to the general public for perusal at the office of the Ward Committee; and
(iii) the minutes shall be presented at the next meeting of the Ward Committee for confirmation.
If a Member fails to attend three consecutive meetings of the Ward Committee, then the President may bring a solution before the Ward Sabha, for removal of such member, for its approval. On approval of such resolution, such member shall stand removed from the Ward Committee and in his place, the Ward Sabha may nominate another person.
The Ward Committee shall discharge and perform the following duties and functions, namely:-
(b) to ensure proper implementation of various developmental schemes approved by the Corporation for the concerned ward;
(c) to provide assistance in solid waste management in the ward;
(d) to supervise sanitation work in the ward;
(e) to provide assistance for the preparation and encouragement of the developmental scheme(s) for the ward;
(f) to encourage harmony and unity among various groups of people in the ward;
(g) to provide assistance in the implementation of developmental schemes relating to the ward;
(h) to provide assistance for identification of beneficiaries for
(1) The President and the members of the Ward Committee shall have the right to seek information from the Commissioner, on any matter relating to the ward;
(2) The Ward Committee shall submit periodical reports to the Corporation in respect of the matters specified theirin.
The Commissioner shall bring to the notice of the Corporation any act or resolution of the Ward Committee which is done or passed in contravention of any of the Government instructions or the provisions of this Act; provided that if such act or omission is not rectified within 15 days, the Commissioner shall bring such omission or violation to the notice of the State Government.]
(1) The Government shall, by notification, in the Official Gazette, appoint a Class I Officer of the Government having a service as such of ten years, as the Commissioner of the Corporation.
(2) Subject to the provisions of sub-section (3), the Commissioner so appointed shall hold office for a term of three years in the first instance:
Provided that his appointment may be renewed for a term not exceeding three years:
Provided further that no officer who has attained the age of superannuation shall be appointed or continued as Commissioner.
(3) The Government -
(b) may in the public interest recall the Commissioner at
(1) The State Government may, if in its opinion it is expedient to do so in the public interest, appoint a person or persons to be called 2[Additional/Joint Commissioner] appointed under section 45 for the efficient performance of the functions of the Corporation and they shall be governed by such conditions of service as may be fixed by the State Government from time to time:
3[Provided that an officer posted in the Corporation with less than seven years service shall be designated as Joint Commissioner and an officer with more than seven years service shall be designated as Additional Commissioner.]
(2) Subject to the approval of the Corporation and rules made in this behalf, the 4[Additional/Joint Commissioner] appointed under sub-section (1) shall be subordinate to the Commissioner and shall exercise such powers and perform such duties as may be conferred and imposed upon the Commissione
The Commissioner and the officers appointed under section 46 shall be paid out of the Corporation Fund such monthly salary and such monthly allowance, as may from time to time be fixed by the Government and may be given such facilities in relation to residential accommodation conveyance and the like as may from time to time be fixed by the Government.
On the recommendations of the Mayor, leave (except casual leave) may be granted, to the Commissioner by the Government and the casual leave shall be granted by the Mayor, and whenever the Commissioner is on leave, or is on training, another officer may be appointed by the Government in his place.
The Corporation shall make such contribution towards leave, allowances, pension and provident fund of the Commissioner as may be required by the conditions of his service under the Government.
Save as otherwise provided in this Act, and subject to supervision and control of the Corporation and its Mayor the executive power for the purpose of carrying out the provisions of this Act, shall vest in the Commissioner, who shall also-
(b) prescribe the duties of and exercise supervision and control over the acts and proceedings of all Corporation officers and other Corporation employees, and subject to any rules that may be made in this behalf dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;
(c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to i
(1) The Corporation and Mayor may at any time require the Commissioner -
(b) to furnish any return, plan, estimate, statement, account of statistics concerning or connected with any matter pertaining to the administration of this Act or any municipal authority;
(c) to furnish a report by himself or to obtain from any Corporation officer or other employee subordinate to him and furnish with his own remarks thereon, a report upon any subject concerning or connected with the administration of this Act or any municipal authority.
(2) Every such requisition shall be complied with by the Commissioner without an
Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Corporation or any other authority by or under this Act, which will involve expenditure, shall be subject to the following conditions, namely:-
(b) that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Corporation.
(1) The Corporation shall ordinarily hold at least one meeting in every month for the transaction of its business.
(2) The Mayor or in his absence the Deputy Mayor may, whenever he thinks fit, and shall upon a requisition in writing by not less than one-fourth of the total number of Councillors, convene a special meeting of the Corporation.
(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in the like manner.
(1) The first meeting of the Corporation after general elections shall be held as early as possible but not later than thirty days after the publication of the results of the election of the Councillors under section 13 and shall be convened by the Director.
(2) Notwithstanding anything contained in section 57, for election of the Mayor, the Director shall nominate a Councillor who is not a candidate for such election to preside over the meeting.
(3) If during the election of Mayor it appears that there is an equality of votes between the candidates at such election and that the addition of a vote would entitle any of these candidates to be elected as Mayor, then, the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote.]
A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent at the recorded address of each 1[XXXXXXXXXXX Councillor] at least five days before the time fixed for such meeting and no business shall be brought before or transacted at, any meeting other than the business of which a notice has been so given:
Provided that an urgent meeting may be called on a notice of a lesser period than five days:
Provided further that any 2[XXXXXXXXXXX Councillor] may send or deliver to the Commissioner notice of any business going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Commissioner shall with all possible despatch take steps to circulate such resolution to every 3[XXXXXXXXXXX Councillor] in such manner as he may think fit:
Provi
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-third of the total number of Councillors 1[XXXXXXXXXXXXXXXXXXXXX].
(2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is quorum present or not:
Provided that notice of an adjourned meeting under sub-sections (2) and (3) shall be given to all Councillors 2[XXXXXXXXXXXXXXXXX].
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(1) The Mayor or in his absence, the Deputy Mayor shall preside at every meeting of the Corporation.
(2) In the absence of both the Mayor and the Deputy Mayor from the meeting the Councillors present shall elect one from amongst themselves to preside.
(3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.
(1) Save as otherwise provided in this Act, all matters required to be decided by the Corporation shall be decided by majority of the votes of Councillors 1[XXXXXXXXXXXXXX] present and voting.
(2) The voting shall be by show of hands, but the Corporation may, subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by secret ballot.
(3) At any meeting, unless voting be demanded by at least four Councillors 2[XXXXXXXXXXXXXXXXXXXXX]. a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes, of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
(4) If voting as aforesaid is demanded, the votes of all of
(1) The Mayor or the person presiding over a meeting shall preserve order there at and shall have all power necessary for the purpose of preserving such order.
(2) The Mayor or the person presiding over a meeting may, direct any Councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any Councillor so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting.
(3) If any Councillor is ordered to withdraw at a second time within fifteen days, the Mayor or the person presiding may suspend such Councillor from attending the meetings of the Corporation for a period not exceeding fifteen days and the Councillor so suspended shall absent himself accordingly:
Provided that the Mayor or the person presiding may at any time cancel such suspension:
Provided further that such suspension shall not
No 2[XXXXXXXXXXX Councillor] shall vote at a meeting of the Corporation or of any committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than matter affecting) generally the residents of the municipal area or of any particular ward, which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or an agent.
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1. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and again the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and the words "Mayor, Deputy Mayor and" omitted
(1) The Commissioner or any Corporation officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of any meetings of the Corporation or any of its committees, but he shall not be entitled to vote in any such meeting.
(2) A Councillor may, subject to the provisions of sub-section (3), ask the Commissioner, during first half of an hour of every meeting, question on any matter relating to the municipal administration of the area or the administration of this Act.
(3) The right to ask a question shall be governed by the following conditions, namely:-
(b) no question shall -
(i) bring in any name or statement not strictly necessary to make the question intelligible;
(ii) contain ar
The Corporation may make regulations for the transaction of business at its meetings and at the meetings of its Standing Committee or any other committee and the manner in which notice of such meetings shall be given:
Provided that the time, place and procedure for the first meeting, after the constitution of the Corporation under section 4, shall be determined by the Director.
Minutes, in which shall be recorded the names of the 1[XXXXXXXXXXX Councillor] present at and the proceedings of each meeting of the Corporation or of its committee, shall be drawn up and recorded by the Commissioner in a book to be kept for that purpose and shall be laid before the next ensuing meeting of the Corporation or of the committee, as the case may be, and shall be signed at such meeting by the presiding officer thereof.
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1. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the 1[XXXXXXXXXXX Councillor] of the Corporation and shall at all reasonable times be available at the Corporation office for inspection without charge by any 2[XXXXXXXXXX Councillor] or person on payment of a fee prescribed by regulations.
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1. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
2. For the word "Councilor" the words "Mayor, Deputy Mayor and Councillor" substituted vide H.P. Act No. 11 of 2010 and again the words "Mayor, Deputy Mayor and" omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
(1) The Corporation shall forward to the Government and the Director a copy of the minutes of the proceedings of each meeting of the Corporation within three days from the date of the meeting.
(2) The Director or the Government may also in any case ask for a copy of any paper or all the papers which were laid before the Corporation or any committee thereof and the Corporation shall forward to the Government, a copy of such paper or papers.
(1) The Corporation shall have power to act notwithstanding any vacancy in the membership thereof and no act done or the proceedings taken under this Act shall be questioned on the ground merely of -
(b) the existence of any vacancy in, or any defect in the constitution of the Corporation, or in any committee thereof;
(c) any Councillor having voted or taken part in any proceedings in contravention of section 61;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Corporation or of any committee thereof, the minutes of proceedings which have been duly drawn up and signed, shall be deemed to have been duly convened and to be free from all defects and irregularities.
(1) Subject to the provisions contained in this Act and the Himachal Pradesh Municipal Services Act, 1994 (11 of 1994), the Corporation may, with the previous approval of the State Government or any other officer authorised in this behalf, appoint such officers and servants as it considers necessary for the efficient discharge of its duties.
(2) The qualifications, methods of recruitment, salaries, leave, allowances and other conditions of service including disciplinary matters of such officers and servants shall be such as may be prescribed.
(3) The salary, allowances, gratuity, pension, contributions and other payments required to be made, in accordance with the conditions of their services, to the officers and officials employed for the discharge of duties of the Corporation under this Act, shall be charged from the Corporation Fund in the prescribed manner.
(4) An employee in regular employment of
(1) A person shall be disqualified for being appointed in the Corporation if he has, directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract, made with, or any work being done for the Corporation, other than as an employee.
(2) If any such officer or employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority:
Provided that before an order of removal is made such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(1) Save as otherwise provided in this Act, -
(b) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any law for the time being in force or under any contract;
(c) all proceeds of the disposal of property by, or on behalf of the Corporation;
(d) all rents occurring from any property of the Corporation;
(e) all moneys raised by any tax, rate or cess levied for the purposes of this Act;
(f) all fees collected and all fines levied under this Act or under any rule, regulation or by-law made thereunder;
(g) all moneys received by or
All moneys payable to the credit of the Corporation Fund shall be received by the Commissioner and shall be forthwith paid into the State Bank of India or into any Scheduled Bank or in treasury of the Government or any other bank approved by the Government in this behalf.
Save as otherwise provided in this Act, no payment shall be made by any bank referred to in section 70 out of the Corporation Fund except on a cheque signed by both.-
(b) the Commissioner or an officer subordinate to him authorised by him in this behalf.
No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act:
Provided that this section shall not apply to payment made in the following classes of cases, namely:-
(b) refund of taxes and other moneys which are authorised under this Act.
(c) sums payable in any of the following circumstances -
(i) under orders of the Government on failure of the Corporation to take any action as required by the Government; or
(ii) under any other enact
Before any person signs a cheque in accordance with section 72 or signs any bill for payment of any amount from the treasury, he shall satisfy himself that the sum which is specified for payment in the bill or for which the cheque is drawn, as the case may be, is either -
(b) required for any payment referred to, or specified in section 72.
Whenever any sum is expended under clauses (c), (e) or (f) of the proviso to section 72, the Commissioner shall forthwith communicate the circumstances to the Corporation to take such action under the provisions of this Act as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
(1) The money from time to time credited to the Corporation Fund, shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act and of the rules, regulations and bye-laws made thereunder or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act, and in payment of such sum as may be required to meet the establishment charges and the salary, allowances, provident fund, and gratuity of the members of municipal services including such subscription and contributions as are referred in the Himachal Pradesh Municipal Services Act, 1994 (11 of 1994):
Provided that the total expenditure on establishment shall not exceed one third of the total expenditure of the Corporation.
(2) The moneys referred to in sub-section (1) shall likewise be applied in payment of all sums payable out of the Corporation Fund under any other enactment for th
On the written requisition of the Secretary, Local Self Government Department, Himachal Pradesh or the Director, the Commissioner may at any time undertake the execution of any work certified by such Secretary or the Director, as the case may be, to be urgently required in public interest, and for this purpose may temporarily make payments from the Corporation Fund so far as the same can be met without unduly interfering with the regular work of the Corporation.
Surplus moneys standing at the credit of Corporation Fund which cannot immediately or at an early date be applied for the purposes specified in section 75, shall be invested in the prescribed manner.
(1) The Corporation shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.
(2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations.
(1) The Finance Commission constituted by the State Government under section 98 of the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994) and articles 243-I and 243-Y of the Constitution of India shall review the financial position of the Corporation and make recommendations to the Government as to -
(i) the distribution between the State and the Corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Corporation at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Corporation;
(iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State;
(b) the measures needed to improve the fi
(1) The Corporation shall not later than the first week of February of every year, adopt for the ensuing year a budget estimate which shall be an estimate of the income and expenditure of the Corporation to be received and incurred on the account of the Corporation.
(2) The budget estimate adopted under sub-section (1) shall be submitted to the Government not later than the last week of February preceding the year to which the budget estimate relates.
(3) The budget estimates received by the Government under sub-section (2), shall be returned to the Corporation before the 31stday of March after approval without any modification or with such modification as the Government may deem fit.
(4) The budget estimate shall be prepared in such manner and shall provide for all such matters as may be prescribed.
(1) On the recommendations of the Commissioner, the Corporation may from time to time during the year -
(ii) make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year;
(iii) transfer the amount or portion of the amount of the budget grant under any head to the account of budget grant under any other head; or
(iv) reduce the amount of the budget grant under any head:
Provided that due regard shall be had to all the requirements of this Act and in making any increase or any additional budget grant the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as the Corporation may determine in respect of each budget estimate.
(2) Every increas
(1) If at any time during the year it appears to the Corporation that, notwithstanding any reduction of budget grant that has been made under section 81, the income of the Corporation Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimate of that year and to leave at the close of the year, the cash balances specified or determined under the proviso to sub-section (1) of section 81 then it shall be incumbent on the Corporation to sanction forthwith any measures which it may consider necessary for adjusting that year's income to the expenditure.
(2) For the purpose of sub-section (1), the Corporation may either reduce the sanctioned expenditure of the year so far as it may be possible to do with regard to all the requirements of this Act.
If the whole or any part of any budget grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Commissioner may sanction the expenditure of such budget grant or the unexpended portion thereof during the next two following years for the completion of the purposes of object for which the budget grant was originally made and not for any other purpose or object.
(1) The Corporation shall, for the purposes of this Act, levy the following taxes :-
(b) such other taxes, at such rates as the State Government may, by notification, in each case direct :
1[Provided that no tax shall be imposed under clause (b) unless an opportunity has been given in the prescribed manner to the residents of the municipal area or to the affected parties to file objections and the objections, if any, thus received have been considered;]
2[XXXXXXXXXXXXXXXXXXX]
3[XXXXXXXXXXXXXXXXXXX]
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1. Proviso inserted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
2. Clause (c) deleted vide H.P. Act No. 19 of 2007.
3. Sub-sections (2), (3), (4) and (
The Corporation may levy a fee and user charges for the services provided by it at such rates and in such manner as may be determined by the Corporation from time to time.]
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1. Section 85 substituted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
Save as otherwise provided in this Act, the unit area rate of tax on lands and buildings within the municipal area shall be between one per cent to twenty five per cent of the rateable value of land and building, as may be determined by the Corporation from time to time:
Provided that the Corporation may exempt wholly or partially or levy lower rate of tax on the lands and buildings or portion thereof, which is exclusively used for the purpose of public worship and the area of vacant lands and buildings or portion thereof, exclusively used for the purpose of public burial or as a cremation ground, or any other place used for the disposal of dead.]
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1. Section 86 substituted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
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1. Section 87 omitted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
The rateable value of lands and buildings assessable to taxes specified in section 86 shall be,-
(b) for levy of tax on lands and buildings, the entire municipal area shall be divided into different zones and each zone shall have relevant factors having different values.
(c) for the purpose of determination of 4[ratable value], there shall be five factors i.e. (i) location, (ii) occupancy, (iii) age of building, (iv) use of building and (v) type of structure.
Each factor shall have different
Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union of India shall be exempted from the taxes on lands and buildings specified in section 86:
Provided that nothing in this section shall prevent the Corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable, or treated as liable, so long as that tax continues to be levied by the Corporation on other lands and buildings:
1[Provided that the public sector undertakings or companies owned and controlled fully or partially by the Central Government shall be assessable to taxes under the provisions of this Act or bye-laws made thereunder, and shall also be liable to pay fee or service charges, as the case may be, in lieu of services provided by the Corporation.]
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(1) The taxes on lands and buildings shall be primarily leviable upon the owner and in the absence of owner, it shall be leviable and recovered from the occupier including tenants.
(2) The assessment, levy and payment of tax on land and building shall not in any manner confer any right, title or interest in the property upon either on the owner or the occupier and shall not be a proof of the fact that the building or premises is authorized one and further that any building or premises or part thereof which is erected in contravention of the provisions of this Act, regulations or bye-laws made thereunder, shall not be considered for regularization by virtue of being assessed to tax on lands and buildings under the provisions of this Act.]
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1. Section 90 substituted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
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Section 91 omitted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
(1) On the failure to recover any sum due on account of taxes specified in section 86 in respect of any land or building from the person primarily liable therefor under section 90, the Commissioner shall in the prescribed manner recover from every occupier of such land or building by attachment of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section
(1) shall be entitled to be reimbursed by the person primarily liable for the payment and may in addition to having recourse to other remedies that may be open to him, deduct the amount to be recovered from the amount of any rent from time to time becoming due from him to such person.
Taxes due under this Act in respect of any land or building shall subject to the prior payment of the land revenue, if any due to the Government, be a first charge thereon.
Explanation. -The term 'taxes' in this section shall be deemed to include the costs of recovery thereof and the penalty, if any, payable as specified in the bye-laws.
(1) Save as otherwise provided in this Act the Corporation shall cause an assessment list of all lands and buildings in the municipal area to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by bye-laws.
(2) When the assessment list has been prepared, the Commissioner shall give public notice, thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extract therefrom free of charge.
(3) The Commissioner shall, at the same time, give public notice of a date, not less than one month thereafter, when he will proceed to consider the rateable value of lands and buildings, entered in the assessment list, and in all cases in which any la
Subject to due alterations as may thereafter be made in the assessment list under section 96 and to the result of any appeal made under the provisions of this Act the entries in the assessment list authenticated and deposited as provided in section 94 shall be accepted as conclusive evidence, for the purposes of assessing any tax levied under this Act, of the rateable value of all lands and buildings to which such entries respectively relate.
(1) The Commissioner, may, at any time, amend the assessment list-
(b) by inserting therein any land or building previously omitted; or
(c) by striking out the name of any person not liable for the payment of taxes on lands and buildings; or
(d) by increasing or reducing for adequate reasons the amount of any rateable value and of the assessment thereupon; or
(e) by making or cancelling any entry exempting any land or building from liability to any tax; or
(f) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or accident; or
(g) by inserting or altering an entry in respect of any erected, re-erected, altered or added after the preparation of the assessment list
It shall be in the discretion of the Commissioner to prepare for the whole or any part of the Corporation a new assessment list every year or to adopt the valuation and assessment contained in the list for any year with such alterations as may in particular cases be deemed necessary, as the valuation and assessment for the year, giving to persons affected by such alterations the same notice of the valuation and assessment as if a new assessment list had been prepared:
Provided that the valuation and assessment contained in the list for any year shall not be adopted for a period exceeding five years.
(1) Whenever the title of any person primarily liable for the payment of taxes specified in section 86 on any land and building is transferred the person whose title is transferred and the person to whom the same is transferred shall within three months after execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Commissioner within six months from the date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, be
When any new building is erected or when any building is re-built or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the taxes specified in section 86 assessed on the building, shall give notice thereof in writing to the Commissioner within fifteen days from the date of its completion or occupation, whichever first occurs or as the case may be, from the date of its enlargement or re-occupation and the said taxes shall be assessable on the building from the said date.
(1) When any building or any portion of a building, which is liable to the payment of taxes specified in section 86 is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said taxes, shall give notice thereof in writing to the Commissioner.
(2) Until notice is given, by person as mentioned under sub-section (1), he shall continue to be liable to the payment of such taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.
(1) To enable the Commissioner to determine the rateable value of any land or building and the person primarily liable for the payment of any taxes specified in section 86 leviable in respect thereof, the Commissioner may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Commissioner fixes in this behalf, with information by such owner or occupier -
(b) as to the measurements or dimensions of such land or building or any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and
(c) as to the actual cost or other specified details connected with the determination of the value of such land or building.
(2) Every owner or occ
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1. Section 102 omitted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Commissioner shall on such amalgamation assign to them one or more numbers and assess them to taxes specified in section 86 accordingly:
Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises.
The Commissioner may in his discretion assess any out houses appurtenant to a building, or any portion of a land or building separately from such building or, as the case may be, from the rest of such land or building.
(1) The Commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner, to enter on, survey and value any land or building which the Commissioner may direct him to survey and value.
(2) No person shall wilfully delay or obstruct any such person in the exercise of any of his powers under this section.
(1) In case of non-payment of any toll on demand, the officer empowered to collect the same may seize any article or any vehicle or animal on which the toll is chargeable, or any part of its burden of sufficient value to satisfy the demand.
(2) The Corporation after the lapse of five days from the seizure and after the issue of a proclamation fixing the time and place of sale may cause any property so seized, or so much thereof, as may be necessary to be sold by auction to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid:
Provided that, by order of the Commissioner articles of a perishable nature which cannot be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regards to the nature of the articles, think proper.
1. Sections 107 to 114 omitted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building wall boarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever visible from a public street or public place (including any advertisement exhibited by means of cinematograph) shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view a fee calculated at such rates, as may from time to time, be 2[specified by the Corporation]:
Provided that no fee shall be levied under this section on any advertisement which,-
(b) is exhibited within the window of any building if the advertis
(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall boarding, frame, post or structure or upon in any vehicle or shall be displayed in any manner, whatsoever in any place within the municipal area without the written permission of the Commissioner granted in accordance with bye-laws, made under this Act.
(2) The Commissioner shall not grant such permission, if -
(b) the fee, if any, due in respect of advertisement has not been paid.
(3) Subject to the provisions of sub-section (2) in the case if an advertisement liable to the advertisement fee, the Commissioner shall grant permission for the period to which the payment of the fee relates and no fee shall be charged in respect of such permission.
The permission granted under section 116 shall become void in the following cases, namely:-
(b) if any material change is made in the advertisement or any part thereof without the previous permission of the Commissioner;
(c) if the advertisement or any part thereof falls otherwise than through accident;
(d) if any addition or alteration is made to, or in the building, walls boarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and
(e) if the building wall, boarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.
Where any advertisement has been exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.
If any advertisement is erected, exhibited or fixed, retained in contravention of the provisions of section 116, the Commissioner may require the owner or occupier of the land, building wall, boarding, frame, post or structure or vehicle upon or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.
[XXXXXXXXXXXXXXXXXXXX]
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1. Section 120 omitted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
Save as otherwise provided in this Act, any tax or fee levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws in this behalf:
Provided that if the tax or fee is not paid within one month of the due date, an interest at the rate of one percent per month shall be charged for every calendar month or part thereof:
1[Provided further that the Commissioner may, after affording an opportunity of being heard, deny or withdraw the No Objection Certificate issued for installation of electricity connection and disconnect the water connection and sewerage connection, if the owner, or the occupier of the premises in question is assessable to taxes and arrears to the Corporation as per the demand raised and the same may be restored on the written request of such owner or occupier, by the Commissioner by imposition of a penalty not exceeding twenty
(1) When any tax or fee has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof, a bill for the amount due:
Provided that no such bill shall be necessary in the case of -
(b) show tax; and
(c) tax on advertisement.
(2) Every such bill which shall be in the prescribed form, shall for the purposes of this Act be considered a notice of demand and shall specify the particulars of the tax or fee and the period for which the charge is made.
(3) If the amount specified in the bill is paid within a period or fifteen days from the presentation thereof, a rebate of ten per cent shall be allowed in the amount of tax or fee.
(4) If the tax on vehicles and animals or the show tax is not paid after it has become due, the Commissioner may c
If the person liable for the payment of any tax or fee does not within thirty days from the service of the notice of demand under sub-section (2) or sub-section (4) of section 122, pay the same, the tax or fee together with the costs of recovery shall be recoverable in the manner provided hereinafter.
Any sum due on account of tax or fee payable under this Act may be recovered, together with costs of recovery by all or any of the following processes, in the manner prescribed -
(ii) by distraint and sale of a defaulter's movable property;
(iii) by the attachment and sale of a defaulter's immovable property;
(iv) in the case of octroi and toll, by the seizure and sale of goods and vehicles;
(v) in the case of taxes on lands and buildings by the attachment of rent due in respect of the property; and
(vi) by a suit.
(1) If the tax on any vehicle or animal is not paid, then instead of proceeding against the defaulter by distraint and sale of his other movable property the commissioner may, at any time after the tax has become due, seize and detain the vehicle or animal or both, and if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of animal from the date of such seizure and detention, claim the sale and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds to the sale or such part thereof as is required in the discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the application of the sale proceeds under sub-section (1) shall, immediately after the sale of the property be credited to the Corporation Fund and notice of such cre
If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.
(1) If any building together with land appurtenant thereto has remained vacant and unproductive of rent for sixty or more consecutive days, the Commissioner shall remit or refund, as the case may be, two-thirds of such portion of the fire tax and the general tax assessed or the rateable value thereof as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent.
(2) If any land not being land appurtenant to a building has remained vacant and unproductive of rent for sixty or more consecutive days, the Commissioner shall remit or refund, as the case may be, on half of such portion of the fire tax and the general tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said land has remained vacant and unproductive of rent.
(3) If any land whether appurtenant to a building or
(1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Commissioner, at the time of the assessment of the building, to enter in the assessment list in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement.
(2) When any tenement, the rateable value of which has been thus separately recorded, has remained vacant, unproductive of rent for sixty or more consecutive days such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded and would have been remitted or refunded if the tenement has been rately assessed.
No remission or refund under section 127 or section 128 shall be made unless notice in writing of the fact that the land, building or tenement has become vacant and unproductive of rent has been given to the Commissioner and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.
(1) For the purposes of sections 127 and 128 no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving the facts entitling any person to claim relief under section 126, or section 127 or section 128, shall be upon him.
The owner of any land, building or tenement in respect of which a remission or refund of tax has been given under section 127, or section 128, shall give notice of the re-occupation of such land, building or tenement within fifteen days of such re-occupation.
(1) An appeal against the levy or assessment of any tax under this Act shall lie to the Divisional Commissioner and every such appeal shall subject to the provisions of this Act be received, heard and disposed of by him.
(2) In every appeal, the costs shall be in the discretion of the appellate authority.
(3) Costs awarded under this section to the Corporation shall be recoverable by the Corporation as an arrear of tax due from the appellant.
(4) If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the appellate authority may order the Commissioner to pay the amount to the appellant.
No appeal shall be entertained under section 132, unless -
Provided that an appeal may be admitted after the expiration of the period prescribed therefore by this section if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal w
Any person aggrieved by an order passed in appeal under section 132 may within thirty days of the communication to him of such order, make an application in writing to the State Government for revision against the said order and the State Government may confirm, alter or rescind the said order:
Provided that the Government shall not pass an order under this section prejudicial to any person without giving such person a reasonable opportunity of being heard.
(1) No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be assessed or taxed be questioned in any other manner or by any other authority than is provided in this Act.
(2) No refund of any tax shall be claimable by any person otherwise than in accordance with the provisions of this Act, and the rules made thereunder.
(1) The Commissioner or any other person authorised by him in this behalf, may without giving any previous notice, enter upon and make an inspection of -
(b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax or fee under this Act;
(c) any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the show tax is payable or would be payable; and
(d) any land, building or vehicle in or upon which any advertisement liable to fee under this Act is exhibited or displayed.
(2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe
(1) Subject to the rules made in this behalf, the Commissioner, may with the previous sanction of the Corporation allow any person to compound any tax for a period not exceeding one year at a time.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrear of tax under this Act.
(1) The Commissioner may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable:
Provided that no sum exceeding one thousand rupees shall be written off in favour of any one person without the previous sanction of the Corporation.
(2) The Commissioner shall report to the Corporation every case in which any sum has been written off under sub-section (1).
(1) The Commissioner may, by written notice, call upon any person in the municipal area to furnish such information as may be necessary for the purpose of ascertaining-
(b) at what amount he should be assessed; or
(c) the rateable value of the land or building which he occupies and the name and address of the owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act to be assessed at such amount on account of tax or fee as the Commissioner may deem proper.
(1) Notwithstanding anything contained in this Chapter, where the prescribed authority is satisfied that any property has been erroneously valued or assessed through fraud, accident or mistake whether on the part of the Corporation or any officer or employees of the Corporation or of the assessee, it may , after giving to the assessee an opportunity of being heard or after making such enquiry as it may deem fit, pass an order amending the assessment already made and fixing the amount of tax payable for that property and on the issue of such an order the assessment list then in force shall, subject to the order, if any, passed in appeal or revision be deemed to have been amended accordingly with effect from first day of January, or first day of April, or first day of July, or first day of October next following the month in which the order is passed.
(2) Any person aggrieved by an order of the prescribed authority may, within a period of thirty d
No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only or any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act and the bye-laws made thereunder have in substance and effect been complied with; and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known, and it shall not be necessary to name the owner or occupier thereof.
The Corporation may, by resolution passed in this behalf, exempt, in whole or in part for any period not exceeding one year from the payment of any tax, any person who by reason of poverty may in its opinion, be unable to pay the same, and may renew such exemption as often as may be necessary.
(1) The Government may by order exempt in whole or in part from the payment of any tax any person or class of persons or any property or description of property.
(2) If at any time it appears to the Government, on complaint made or otherwise, that any tax imposed is unfair in its incidence or that the levy thereof or of any part thereof is injurious to the interests of the general public, it may require the Corporation to take within a specified period, measures to remove the objection; and, if within that period the requirement is not complied with to the satisfaction of the Government, the Government may, by notification, suspend, the levy of the tax or such part thereof until the objection has been removed.
(1) The Corporation may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of any immoveable property vested in it or proposed to be acquired by it or of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act or from public financial institutions, any sums of money which may be required:-
(b) for erecting any building which it has power to erect;
(c) for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years;
(d) to pay off any debt due to the Government;
(e) to repay a loan previously raised under this Act or any other Act previously in
The time for the repayment of any money borrowed under section 144 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the Government extend beyond the unexpired portion of the period for which such previous loan was sanctioned.
All debentures issued under this chapter shall be in such form as the Corporation may, with the previous sanction of the Government, determine and shall be transferable in such manner as shall be expressed therein, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some of such debentures being prior in date to others.
When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debentures or security, unless notice to the contrary has been given to the Corporation by the other persons.
(1) The Corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.
(2) All moneys paid into the sinking funds shall, as soon as possible be invested by the Commissioner in public securities and every such investment shall be reported by the Commissioner to the Corporation within fifteen days.
(3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2).
(4) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.
A sinking fund or any part thereof shall be applied in or towards the discharge of loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose.
(1) The Commissioner shall, at the end of every year, submit to Corporation a statement showing:-
(b) the date of the last investment made previous to the submission of the statement;
(c) the aggregate amount of the securities then in his hand; and
(d) the aggregate amount which has up to the date of the statement been applied under section 149, in or towards discharging loans.
(2) A copy of every such statement shall also be submitted to the Government.
All payments due from the Corporation on account of interest and repayment of loans shall be made in priority to all other payments due from the Corporation.
(1) If any money borrowed or deemed to have been borrowed by the Corporation from the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Government may attach the Corporation Fund or any part thereof.
(2) After such attachment no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any Corporation authority, officer or other employees might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid
The Corporation may make regulations to carry out purposes of this chapter including, in particular, the issue of duplicate in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.
(1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the municipal area, shall vest in and be under the control of the Corporation, and with all other property, which vests in the Corporation by virtue of the provisions of this Act or any other law for the time being in force, shall be held and applied by it for the purposes of this Act, that is to say,-
(b) all public streams, springs and works for the supply, storage and distribution of water for public purposes, and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent
Whenever the Corporation decides to acquire any immovable property, for the purpose of this Act, the Commissioner shall acquire such property on behalf of the Corporation by agreement on such terms and at such price as may be approved by the Government.
Whenever the Commissioner is unable to acquire any immovable property, under section 155 by agreement, Government may at the request of the Commissioner acquire the same under the provisions of the Land Acquisition Act, 1894 (1 of 1894), and on payment by the Corporation of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, whereafter the land shall vest in the Corporation.
With respect to the disposal of property belonging to the Corporation, the following provisions shall have effect, namely:-
(b) the mode and condition precedent to the transfer of immovable property, shall be governed by regulations or bye-laws made by the Corporation; and
(c) the Commissioner shall maintain a register giving therein the detail of the immovable properties and prepare annual statement indicating the changes, if any, in the said inventory,
(1) Subject to the provisions of section 159 the Corporation shall be competent to enter into and perform any contract necessary for the purposes of this Act.
(2) The contracts by the Corporation under this Act would be made in the manner prescribed.
With respect to the making of contracts, the following provisions shall have effect, namely:-
(b) no such contract, for any purpose which in accordance with any provision of this Act the Commissioner may not carry out without the approval or sanction of the Corporation, shall be made by him until and unless such approval or sanction has been duly obtained;
1[(c) every contract involving an expenditure not exceeding 2[rupees ten lac] or such higher amount as the Corporation may fix, may be made by the Commissioner:]
3[Provided that the contract exceeding 4[rupees ten lac] in value or such higher amount as the Corporation may fix, shall be made by the Commissioner only after prior approval of the Corporation.]
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(1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf.
(2) No contract which is not made in accordance with the provisions of this Act and bye-laws made thereunder shall be binding on the Corporation.
(1) There shall be kept in such manner and in such form as may be prescribed by regulations accounts of receipts and expenditure of the Corporation.
(2) Till regulations as mentioned in sub-section (1) are framed, the provisions of the Himachal Pradesh Municipal Account Code, 1975, presently in force in respect of the municipalities shall be applicable.
(3) The accounts of the Municipal Corporation Fund shall be audited by a separate and independent audit agency 1[xxxxxxxxxxxxxxxxxxxxx].
(4) For the purposes of examination and audit of the Corporation accounts, the audit agency shall have access to all the Corporation Accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the audit agency any explanation concerning any receipts or expenditure which they may call for.
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1. The wor
(1) The audit agency shall,-
(b) furnish to the Corporation such information as it may from time to time require concerning the progress of the audit.
(2) On receipt of the report under sub-section (1) the Corporation shall take such action thereon as may be deemed necessary.
(3) As soon as may be after the commencement of each year, the audit agency shall deliver to the Corporation, a report of the entire Corporation accounts for the previous year.
(4) The Commissioner shall cause the said report to be printed and shall forward as soon as may be a printed copy thereof to each member.
(1) The Commissioner shall, as soon as may be, remedy defects or irregularities if any, pointed out in the said report and shall also forward without delay to the Government so many copies of the said report as may be required by the Government with a brief statement of the action, if any, taken or proposed to be taken thereon.
(2) If there is a difference of opinion between the audit agency and the Commissioner or if the Commissioner does not remedy the defects or irregularities pointed out in the report within a reasonable period, the audit agency shall refer the matter to the Secretary, Local Government Department whose decision shall be final and binding.
(1) Audit agency shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to it.
(2) In the discharge of his functions under this section, the auditor shall-
(b) audit the accounts of debt, deposits, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon those accounts and upon the results of verification of the balances relating thereto.
(3) The auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of t
(1) The auditor may make such queries and observations in relation to and of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the auditor.
(3) The powers of the auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to the expenditure from the revenues of the Corporation shall be such as may be prescribed in consultation with the auditor.
(4) If the auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the o
In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely-
(1) "communication pipe" means -
(b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also-
(i) where the communication pipe ends at a stopcock that sto
The Government may require the Corporation to -
(b) prepare an estimate of the future water supply requirements of the municipal area;
(c) carry out a survey of the existing quality of sewage disposed of and the manner in which it is disposed of;
(d) formulate proposals as to -
(i) the existing or future sewage disposal requirements of the municipal area,
(ii) the existing or future sewage disposal requirements in the municipal area including proposals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of.
If the Corporation is of the opinion that the works and other properties for the time being vested in it for the purpose of water supply, drainage and sewage disposal are inadequate for the purpose of sufficient supply of water or for the purpose of proper drainage and efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or outside the limits of the Corporation and for the acquisition of additional properties for such works.
(1) It shall be the duty of the Corporation to take steps from time to time-
(b) for providing a supply of wholesome water in pipes to every part of the municipal area in which there are houses for the domestic purpose of the occupants thereof, and for taking the pipes affording that supply to such point or points will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall not require the Corporation to do anything which is not practicable at a reasonable cost or to provide such supply to any part of municipal area where such a supply is already available at such point or points aforesaid;
(c) for providing, as far as possible, a supply of wholesome water otherwise than in pipes to every part of the municipal area in which there are houses, for the domesti
(1) The Commissioner may, on application by the owner of any building arrange for supplying water from the nearest main to such building for domestic purposes in such quantities as he deems reasonable, and may at any time limit the amount of water to be supplied whenever he considers necessary.
(2) Apart from the charges for the domestic supply at rates as may be fixed by the Government, additional charges will be payable for the following supplies of water:-
(b) for any trade, manufacture or business;
(c) for fountains, swimming baths, or for any ornamental or mechanical purposes;
(d) for gardens or for purposes of irrigation;
(e) for watering roads and paths;
(f) for building purposes.
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(1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Corporation in receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed:
Provided that for building purposes, water supply shall be made for a period of one year in the first instance, on an application accompanied by a copy of a building plan duly sanctioned by a competent authority and thereafter be extended, by six months at a time, for a period of not exceeding the period allowed for the completion of the construction or for three years whichever is less:
Provided further that the water supply made, for the building purposes, on or before the commencement of this Act, shall continue for a period of three years reckoned from such commencement.
(1) Where an application under section 170 or section 171 has been received, all necessary communication pipes and fittings shall be supplied by the Corporation and the work of laying and applying such communication pipes and fittings shall be executed by Corporation agency under the orders of the Commissioner, but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application. The Corporation may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve.
(2) Notwithstanding anything contained in sub-section (1), the Commissioner may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under his supervision and inspection all t
Any owner or occupier of any building or land in or on which water supplied under this Act is misused from negligence or other circumstances under his control or used without permission in excess of the quantity fixed under section 170 or section 171 or in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the Corporation may appoint in this behalf.
If any person whose premises are supplied with water, neglects to pay the water-tax or any sum payable, under section 170 or section 171 when due, or to give notice as provided in the last preceding section, or wilfully or negligently misuses or causes waste of water the Corporation may cut off the supply of water from the said premises.
It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of the municipal area, in respect of which the Commissioner has given public notice under clause (b) of section 87 to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of, the premises, such supply of wholesome water as appears to the Commissioner to be adequate for the person who may occupy, or be employed in, such premises for their domestic purposes.
(1) The Commissioner, with the approval of the Corporation, may provide gratuitous supply of wholesome water to the public within the municipal area and may, for that purpose, erect public hydrants or other conveniences.
(2) The Commissioner, may, with like approval, close a public hydrant for other convenience when it is no longer, required for the supply of wholesome water to the public.
(1) The Commissioner may, lay a main whether within or outside the limits of the Corporation -
(b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may, from time to time in respect of, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise:
Provided that where a consent required for the purpose of this sub-section is withheld, the Commissioner may, after giving the owner or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.
(2) Where the Commissioner, in exercise of the powers under this section lays a main, in, over or on any land not forming part of a street or inspects, repairs, alters, renews or removes a main so laid down in, over or on any s
(1) The Commissioner may, in any street, whether within or outside the limits of the Corporation, lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street, the Commissioner may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.
(1) The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
(3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.
(4) The Commissioner may at the request and expense of the owner or occupier of any factory, workshop trade premises or place of business, situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to carr
The Commissioner or any Corporation officer authorised by the Commissioner in writing may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.
The Commissioner may test any water fittings used in connection with water supplied by the Corporation.
(1) If the Commissioner is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, or is likely to become so polluted as to be prejudicial to health, the Commissioner may after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order direct, that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation.
(1) No water pipes shall be laid in a drain or on the surface of any open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank except with the consent of the Commissioner, no cistern shall be constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.
If any offence relating to water supply is committed under this Act on any premises connected with the Corporation water works the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severally liable for such offence.
(1) All public drains, all drains in, alongside or under any street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise and all works, materials and things pertaining thereto which are situated in the municipal area shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as Corporation drains.
(3) For the purpose of enlarging, deepening or otherwise repairing or maintaining any drain or sewage disposal work so much of the sub-soil pertaining thereto as may be necessary for the said purposes shall also be deemed to vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the Corporation Fund in or upon premises not belonging to the Corporation, whether -
(1) All Corporation drains, all sewage disposal works and works, materials and things appertaining thereto, shall be under the control of the Commissioner.
(2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Corporation in this behalf, shall construct as may new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal.
No person shall throw, empty, or turn into any Corporation drain or into any drain communicating with a Corporation drain-
(b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty five degrees Celsius being refuse or steam which or a liquid which when so heated is either alone or in combination with the contents of the drain, dangerous or the cause of nuisance, prejudicial to health; or
(c) any dangerous petroleum.
Explanation.- "In this section the expression" "dangerous petroleum" has the same meaning as is assigned to it in the Petroleum Act, 1934 (30 of 1934).
(1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the municipal area may apply to the Commissioner to have his drain made to communicate with the drains and thereby to discharge foul water and surface water from those premises or that private drain:
Provided that nothing in this sub-section shall entitle any person-
(i) any trade effluent from any trade premises except in accordance with by-laws made in this behalf; or
(ii) any liquid or other matter the discharge of which into Corporation drains is prohibited by or under this Act or any other law; or
(b) where separate Corporation drains are provided for foul water and for surface water to discharge d
(1) Where any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, by written notice require the owner of the said premises-
(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from and conveying the same off, the said promises and of effectually flushing such drain and every fixture connected therewith;
(c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurio
(1) It shall not be lawful to erect or to re-erect any premises in the municipal area or to occupy any such premises unless -
(b) there have been provided and set up on such premises, such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.
(2) The drain so constructed shall empty into a Corporation drain situated at a distance of not exceeding thirty metres from the premises, but if no Corporation drain is situated within that distance then such drain shall empty into
(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a Corporation drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Commissioner may cause that group or block of premises, to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days, before any such work is commenced, the Commissioner shall give to each such owner -
(b) an estimat
Where a drain connecting any premises with a Corporation drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the Commissioner, adapted to the general system of drainage in the municipal area, he may by written notice addressed to the owner of the premises, direct -
(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and un-polluted sub-soil water only:
Provided that -
(i) no drain may be closed, discontinued or destroyed by the Commissioner under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any Corporatio
(1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into Corporation drain is through a drain belonging to another person, the Commissioner may, by notice in writing, require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by in writing, either authorise the owner of the premises to use the drain or declare him to be joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to-
(b) the construction
Wherever it is provided in this Chapter that a steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and un-polluted sub-soil water or both rain water and un-polluted sub-soil water, each emptying into separate Corporation drains or other suitable places.
For the purpose of efficient drainage of any premises the Commissioner may be notice in writing -
(b) require such paving to be kept in proper repair.
The Commissioner may cause any or all of the Corporation drains to empty into, and all sewage to be disposed of at such place or places as he considers suitable:
Provided that no place which has been not before the commencement of this Act used for any of the purposes specified in this section, shall after such commencement be used therefor without the approval of the Corporation:
Provided further that on and after such date as may be appointed by the Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.
Without the written permission of Commissioner, no person shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 186 or any water-works, constructed or maintained by, or vested in the Corporation.
(1) Without the written permission of the Commissioner no railway or private street, shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any waterworks constructed or maintained by or vested, in the Corporation.
(2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water-works as aforesaid without the written permission, the Commissioner may remove or otherwise deal with the same as he may think fit. (3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act.
(1) The Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or outside the limits of the municipal area, if necessary through an agreement, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes, or drains, after giving a reasonable notice of his intention so to do, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed:
Provided that the Corporation shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.
(2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Government or under the control
(1) If it appears to the Commissioner that the only or most convenient means of water supply to and drainage of, any premises is by placing, or carrying any pipe or drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property:
Provided that before making any such order, the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried.
(2) Upon the making of an order under sub
If the Corporation desires to place or carry any pipe or drain or do any other work connected with the water supply or drainage across any railways line, it shall inform the railway administration who may execute the same at the cost of the Corporation.
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work the Commissioner may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work, shall be payable by the person or persons enjoying such amenities and conveniences.
(3) The expenses referred to in sub-section (2), shall be recoverable from the person or persons liable therefor as an arrear of tax under this Act.
For the purpose of ventilating any drain or cesspool, whether vested in the Corporation or not, the Commissioner may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.
(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain, is so defective as to admit sub-soil water, he may examine its condition and for that purpose may apply any test other than a test of water under pressure and if he deems it necessary open the ground.
(2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good any damage done by him.
The Government may, for reasons to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Corporation under this Chapter, shall be carried out on behalf of the Corporation by the Government and the Corporation shall pay the charges therefor at the rate and subject to the terms for the time being applicable in the case of works constructed by the Government on behalf of a local authority.
(1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Commissioner, the work is of a tri-vial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs licensed plumber to execute any work shall, when so required, furnish to the Commissioner, the name of such plumber.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Commissioner without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed.
(4) The Corporation may make bye-laws for the guidance of licen
(1) No person shall -
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water works belonging to the Corporation or any water course by which any such water is supplied; or
(d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Corporation or break or damage any electric
(1) All streets within the municipal area which are or at any time become public streets and the pavement stones and other materials thereof, shall vest in the Corporation.
(2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.
(1) The Commissioner shall, from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channeled and altered or repaired and may widen, extend or otherwise improve, any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot-passengers:
Provided that no widening, extension or other improvement of a public street the aggregate cost of which will exceed ten thousand rupees, shall be undertaken by the Commissioner except with the previous sanction of the Corporation.
(2) With the previous sanction of the Corporation, the Commissioner may permanently close the whole or any part of a public street:
Provided that before according such sanction the Corporation shall by notice published in the manner specified by bye-laws give reasonable opportunity to the residents likely to be a
Whenever any public street or a part thereof is permanently closed under sub-section (2) of section 209, the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation.
The Commissioner may, at any time with the previous sanction of the Corporation-
(b) construct bridges and sub-ways;
(c) turn or divert, any existing public streets;
(d) lay down and determine the position and direction of a street or streets in any part of the municipal area notwithstanding that no proposal for the erection of any building in the vicinity has been received.
The Commissioner shall, from time to time, with the sanction of the Corporation, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar consideration.
(1) The Commissioner may,-
(b) prohibit in respect of all public streets or any particular public streets the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwidely objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of the fraction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions, and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case;
(c) prohibit access to premises from any particular public street carrying high speed vehicular traffic:
Subject to the provisions contained in Chapter X, the Commissioner may,-
(b) acquire in relation to any such land or building, all such land with buildings, if any thereon as the Corporation may think expedient to acquire outside the regular line or the intended regular line of such street; or
(c) when any land, whether within or outside the limits of the municipal area, is required for the purposes of this Act the Government may, at the request of the Corporation proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (1 of 1894) and on payment by the Corporation of the Compensation awarded under that Act, and of any other charges incurred in acquiring the land, the land shall vest i
(1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may with the previous sanction of the Corporation redefine at any time any such regular line:
Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all suggestions or objections which may be made within one month from the date of the publication of the said notice:
Provided further that the regular line of any public street operative under any law in force in any part of the municipal area immediately before the commencement of this Act shall be deemed to be a line defined by the Commissioner under this sub-section.
(2) The line for the time bei
(1) If any part of a building abutting on a public street is within the regular line of that street, the Commissioner, may, whenever it is proposed to repair, remove, construct or reconstruct or make any additions to, or structural alterations of any portion of such building which is within the regular line of the street by any order which he issues concerning the additions to rebuilding, construction, repair or alterations of such building require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Commissioner may forthwith, take possession on behalf of the Corporation of the portion of the land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same.
(3) Land acqui
(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or part thereof to the regular line of the street, he may, by notice served on the owner in accordance with the provisions of this Act require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Commissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required by sub-section (1), the Commissioner may, with the approval of the Corporation, require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as specified in the notice
If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structural external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge or fence or some other structure is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building not less than seven days notice of his intention so to do, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound, wall, hedge, or fence or other structure or of any portion thereof which is within the regular line of the public street, and if necessary, clear the same and the land so acquired shall thereupon be deemed to be part of the public street and shall vest in
(1) Where a land or building is partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the requisition of the portion within the said line still not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting forward a building under section 220.
The Commissioner may, upon such terms, as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Corporation by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation.- For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission, or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.
(1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under the provisions of sections 216, 217 and 218 for any loss which such owner may sustain in consequence of his building or land being to acquired and for any expenses incurred by such owner in consequence of any order made by the Commissioner:
Provided that -
(b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the Commissioner may recover from him half of the amount of such excess as a betterment charge.
If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of building thereon, he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.
(1) Before utilising, selling or otherwise dealing with any land under section 222 the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following particulars, namely:-
(b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any public purpose;
(c) the intended level direction and width of street or streets;
(d) the regular line of street or streets; and
(e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.
(2) The provisions of this Act and the bye-laws
(1) If any person lays out or makes any street referred to in section 223 without or otherwise than in conformity with the orders of the Corporation, the Commissioner may, whether or not the offender, be prosecuted under this Act by notice-
(b) require the offender to appear before the Commissioner whether personally or by duly authorised agent or on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner why such street shoul
(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrear of tax under this Act.
(1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 225, the Commissioner may, and on the requisition of the majority of the owners referred to in sub-section (1) of that section shall declare such a street to be a public street and thereupon the street shall vest in the Corporation.
(2) The Commissioner may at any time, by notice fixed up in any street or part thereof not maintainable by the Corporation, give intimation of his intention to declare the same a public street and unless within one month next after such notice has been so put up, the owner or any one of the several owners of such street or such part of a street lodge objection thereto at the Corporation Office, the Commissioner, may by notice in writing, put up in such street of such part, declare the same to be a public street vested in the Corporation.
(1) Except as provided in section 228, no person shall erect, setup, add to or place against or in front of any premises any structure or fixture which will-
(b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain of channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set-up, added to or placed against, or in front of the said premises in contravention of this section.
(3) If the occupier of the said premises removes or
(1) The Commissioner may give a written permission on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building or any street-
(b) to put up a verandah, balcony, arch connecting passage, sunshade, weather frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof:
Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation.
(2) The Commissioner may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sunshade, weather frame or the like put up in accordance with the provisions of this Act and such owner
The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner is likely to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Commissioner granted in this behalf erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section (1) shall apply to any erection or thing to whic
Notwithstanding anything contained in sections 220, 227, 228 or in clause (5) of Part C of section 395 and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government-
(b) the Commissioner shall, if so required by the Government, exercise the powers conferred upon him by sections 220, 227, 228 or clause (5) of Part C of section 395 or any bye-law made in exercise of the power conferred by the aforesaid clause (5) in respect of encroachment or over
The Commissioner may, without notice cause, to be removed-
(b) any article whatsoever hawked or exposed for sale on any public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.
(1) No person shall tether any animal or cause or permit the same to be tethered in any public street.
(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street.
(3) Any animal tethered or any cow or any buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any Corporation Officer or employee and be impounded and dealt with under the provisions of the Cattle Trespass Act, 1871 (1 of 1871).
(1) The Commissioner shall, so far, as is practicable during the construction or repair of any public street, or any municipal drain or any premises vested in the Corporation-
(b) take proper precautions against accident by shorting up and protecting the adjoining buildings;
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
(2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair.
(3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said street, drain or premises to be
(1) No person other than the Commissioner or a Corporation Officer or other Corporation employee shall without the written permission of the Commissioner-
(b) deposit any building material in any street; or
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rolls, boards or other things by way of an enclosure, for the purposes of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to th
(1) Any of the things caused to be removed by the Commissioner under this chapter shall, unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by public auction or in such other manner and within such time as the Commissioner thinks fit.
(2) The charges for removal and storage of the things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of two years from the date of sale, and if no such claim is made within the said period, shall be credited to the Corporation.
(1) The Commissioner may-
(b) cause to be put up or painted at a conspicuous part of any building, wall or place, at or near each end, corner or entrance of such street or on some convenient part of such street, the name or number by which it is to be known;
(c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation;
(d) determine the number or sub-number by which any premises or part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof.
(2) No person shall destroy, remove, deface or in any way injure or alter such name or
(1) If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other steps as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising therefrom.
(2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom and any expense incurred by the Commissioner in taking such temporary measures shall be recoverable from the owner or occ
The Commissioner shall-
(b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose;
(c) cause such lamps to be lighted by means of oil, electricity or such other light as the Corporation may determine.
(1) No person shall, without lawful authority take away wilfully or negligently break or throw down or damage -
(b) any electric wire for lighting such lamp;
(c) any post, pole, standard stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.
(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks or causes any damage to any of the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected to under this Act, pay the expenses of repairing the damage so done by him.
In this chapter, unless the context otherwise requires, the expression "to erect building" means,-
(b) to re-erect -
(i) any building of which more than one-half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or
(ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or
(iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down;
(c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose;
No person shall erect or commence to erect any building or execute any of the works specified in section 244 except with the previous sanction of the Commissioner, nor otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works.
(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans alongwith specification as may be prescribed:
1[Provided that every such plan and specifications shall be duly signed by a qualified Structural Engineer or Architect or Planner or Junior Engineer or Draughtsman registered with the Corporation, on payment of such fee as may be fixed by the Corporation, from time to time.]
Explanation.- For the purposes of this sub-section the expression "a qualified structural engineer" means a graduate (civil) engineer.
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1. Proviso substituted vide H.P. Act No. 19 of 2007.
(b) to make any alteration or repairs to a building involving the removal or re-erection of any external or partition wall thereof or of any wall which supports the roof thereof to an extent exceeding one half of such wall above the plinth level, such half to be measured in superficial metres;
(c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one half of such wall above plinth level, such half to be measured in superficial metres;
(d) to make any alteration in a building involving-
(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; or
(ii) the
(1) A person giving the notice required by section 243 shall specify the purpose for which it is intended to use the building to which such notice relates and a person giving the notice required by section 244 shall specify whether the purpose for which the building is being used in proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner alongwith the notice.
(1) The Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 250.
(2) The grounds on which the sanction of a building or work may be refused shall be the following, namely:-
(b) that notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf;
(c) that any information or documents required by the Commissioner under this Act or any
(1) Where within a period of sixty days after the receipt of any notice under section 243 or section 244 or of the further information, if any, required under section 245 the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction to the building or work and person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same:
Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Commissioner may withheld sanc
If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 243, 244 and 245, he may by order in writing, cancel for reasons to be recorded such sanction and any building or work commenced, erected, or done shall be deemed to have been commenced, erected or done without such sanction:
Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.
The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.
(1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction.
(2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.
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1. Section 251 deleted vide H.P. Act No. 19 of 2007.
In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf.
(1) where the erection of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in section 246 or in contravention of any condition subject to which such sanction has been accorded or in contravention of the provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than seven days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition:
Provided that no order of demolition shall be made unless the person has been given, by means of a notice served in su
(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 246 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith.
(2) If an order made by the Commissioner under section 253 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in
(1) It shall be lawful for the Commissioner, at any time, before or after making an order of demolition or stoppage of building works under section 253 or section 254 to make an order directing the sealing of such development in the manner as may be prescribed by bye-laws made by the Corporation for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such development.
(2) Where any development has been sealed under sub-section (1), the Commissioner may, for the purpose of demolishing such development, order the seal to be removed.
(3) No person shall remove such seal except, under an order made by the Commissioner under sub-section (2) or under an order of the appellate authority made in an appeal under this Act.]
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1. Section 254-A inserted vide H.P. Act No. 32 of 2011, effective fro
Without prejudice to the provisions contained in this Act the Government may, from time to time, give such special or general directions in the matters of policy in relation to the compounding of the cases involving deviations from the sanctioned plans as in its opinion are required to be followed by the Commissioner for compounding such cases under sub-section (5) of section 254 of this Act.
(1) The Commissioner may, at any time during the erection of any building or execution of any work or at any time within three months after the completion thereof, by a written notice specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 246 or is contravention of any condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 243 or section 244 or the owner of such building or work either-
(b) to show cause why such alterations should not be made within the period stated in the notice.
(2) If the person or the owner does not show cause as aforesaid
(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building in whole or part thereof or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act:
Provided that if the Commissioner fails, within a period of thirty days after the rece
(1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any of such permission-
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into another kind.
(2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such buildi
(1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 257, be vacated forthwith or within such period as may be specified in the order:
Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or has been removed from any building in pursuance of an order made by him, allow such person to re-occupy the building on the expiry of the period for which the order has been
(1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely:-
(b) the prescription of a building line on either side or both sides of any street existing or proposed;
(c) the amount of land in such unbuilt area which shall be transferred to the Corporation for public purposes including use as public streets by owners of land either on payment of compensation or otherwise; provided that the total amount so transferred shall not exceed thirty five per cent and the amount transferred without payment shall not exceed twe
(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner, shall provide-
(b) for the removal of the contents of all receptacles and depots and of the accumulation at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter.
(2) The Commissioner may, by public notice issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
All matters deposited in public receptacles depots and places provided or appointed under section 263 and all matters collected by Corporation employees or contractors in pursuance of sections 261 and 266 shall be property of the Corporation.
(1) The Commissioner shall-
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of rubbish and offensive matters; and
(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matters.
(2) The Commissioner shall make adequate provision for preventing receptacles, depots, dustbins, vehicles and vessels referred to in sub-section
(1) from becoming sources of nuisance.
It shall be the duty of the owners and occupiers of all premises -
(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and deposited at such times as the Commissioner, by the public notice prescribe, in public receptacles, depots or places provided or appointed under section 263 for temporary deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner prescribed by the Commissioner for the collection therein of all filth, rubbish and other polluted and obnoxious matters from such premises and to keep such receptacles in good condition and repair.
1[(d) to collect and deposit the garbage for further disposal by the Municipal Corporation in the manner prescribed by the Commissioner, on payment of fee for such disposal as may b
The Commissioner may, if he thinks fit,-
(b) after giving such owner or occupier notice of his intention cause all rubbish filth and other polluted and obnoxious matter accumulated in such premises to be removed and charge the said owner or occupier for such removal such fee as may, with the sanction of the Corporation, be specified in the notice issued
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth or other polluted and obnoxious matters, on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from or to cleanse, such receptacle and to dispose such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to be thrown or put upon, any street or into any drain in or along the side of any street
If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Commissioner may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.
(1) The Commissioner shall provide and maintain in proper and convenient places sufficient number of public latrines and urinals.
(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments and shall regularly be cleansed and kept in proper order.
(1) The Commissioner may require the owner or occupant of any service latrine, within a period to be specified in the notice, to demolish or close such service latrine and convert it into water flush latrine; and on the failure to convert such latrine, the Commissioner may himself get the same converted and recover the cost incurred thereon from the owner or occupier, as the case may be.
(2) No building plans shall be sanctioned by the Corporation unless the provisions for flush or water-seal latrine is made.
1[(3) Notwithstanding anything contained in sub-section (1), it shall be the duty of the house-owner or occupant of any premises to connect his latrines, urinals and septic tank, as the case may be, with sewerage line of the Corporation at his own expenses by getting sewerage connection from the Corporation, and if he fails to do so, he shall be punishable with a fine which may extend to two thousand rupees
(1) It shall not be lawful to erect any residential building without providing flush or water seal latrine and accommodation for bathing or for washing clothes and utensils on each floor of such building as may be prescribed.
(2) While prescribing such accommodation it may in each case be determined -
(b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions.
(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing atleast one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises.
(4) In this section the
Every person employing workmen, labour or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals, of such description and number as the Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.
The Commissioner may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order.
The Commissioner may, by written notice-
(b) require the owner or other person having control of such private latrine or urinal which in the opinion of the Commissioner constitutes a nuisance, to remove the latrine or the urinal; or
(c) require any person having the control whether as owner, lessee or occupier of any land or building-
(i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or
(ii) to cleanse in such manner as the Commissioner may specify in the notice any latrine or urinal belonging to the land or building; or
(d) where any premises intended or used for human habitation are without any la
(1) Where it appears to the Commissioner that any block of building is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or for want of proper drainage and ventilation, or of the impracticability of cleansing the building or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer, who shall make a report in writing to him regarding the sanitary condition of the block.
(2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Corporation select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition
(1) Where the Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner, the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so f
If a notice under section 275 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
(1) Where the Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation u
Where the Commissioner upon any information in his possession is satisfied that any hut or shed used as dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereofor to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Commissioner may deem necessary within such time as may be specified in the notice.
(1) The Commissioner may by public notice, prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub-section (1).
Any person being incharge of or in attendance whether as medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information in respect of the existence of such disease to the Corporation Health Officer.
When any person suffering from any dangerous disease is found to be -
(b) living in a room or house which he neither owns nor pays rent for, nor occupies as the guest or relative of person who owns, or pays rent for it; or
(c) living in a sarai, hotel, boarding house or other public hostel; or
(d) lodged in premises occupied by members of two or more families, the Commissioner or any person authorised by him in this behalf may, on the advice of any medical officer of the rank not inferior to that of an assistant surgeon, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may do anything necessary for such removal.
Where the Commissioner is of the opinion that the cleansing and disinfection of any building or part of a building or of any article in such building or part of which are likely to retain infection or the renewal or flooring of any building or part of such building and the renewal or plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease, he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary the said plastering also within such time as may be specified in the notice:
Provided that where in the opinion of the Commissioner the owner or occupier is from poverty unable effectually to carry out any such requisition, the Commissioner may at the expense of the Corporation cleanse and disinfect the building, or articles, or as the case may be, renew the flooring and if necessa
(1) Where the destruction of any hut or shed is in the opinion of the Commissioner necessary to prevent the spread of any dangerous disease, the Commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may, order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed.
(3) Compensation may be paid by the Commissioner, in any case which he thinks fit to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this sec
(1) The Commissioner shall -
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person, shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding or other articles likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
(1) In the event of the municipal area or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose may, with the previous sanction of the Corporation,-
(b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to the Corporation.
(2) No person
(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman or their calling for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the Corporation Health Officer.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Corporation Health Officer furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been or will be, sent during the continuance of the disease for the purpose of being washed or cleansed.
(1) Whoever-
(b) uses a public conveyance for the carriage of person who is suffering from any disease; or
(c) uses a public conveyance for the carriage of the corpse of a person who had died from such disease;
shall be bound to take proper precautions against the communication of the disease to other person using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance and further report without delay to the Commissioner the number of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who has died from a dangerous disease has been carried, in public conveyance which ordinarily plies in the municipal area or any part thereof, the driver thereof,
Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of the municipal area any person suffering from a dangerous disease or the corpse of any person who had died from such disease unless and until such person pays or tenders a sum sufficient to recover any loss and expenses which would ordinarily be incurred in disinfecting the conveyance.
(1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding been suffering from a dangerous disease, the person letting the building or part shall, before doing so disinfect the same in such manner as the Commissioner may by general or special notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, hotel, lodging house or sarai shall be deemed to let a part of the building to any person accommodated in such hostel, hotel, lodging house or sarai, as the case may be.
No person shall, without previous disinfection give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe was exposed to contamination by dangerous disease and is likely to be used in or taken into the municipal area or any part thereof.
No person while suffering from, or in circumstances in which he is likely to spread any dangerous disease, shall -
(b) take any part in the business of the washing or carrying of clothes.
When the municipal area or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of flesh of any description of animal so specified.
(1) If the Commissioner is of opinion that the water in any well, tank or other place is likely if used for drinking, to endanger, or cause the spread of any disease, he may -
(b) by notice in writing, require the owner or person having control of such, well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of the municipal area or any part thereof being visited or threatened by an outbreak of a dangerous disease, the Corporation Health Officer or any person authorised by him in this behalf, may without notice and at any time, inspect and disinfect any well, tank or other place from w
No person shall-
(b) having the care of a person whom he knows to be suffering from a dangerous disease cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to or having infection from a dangerous disease and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.
Where any person has died from any dangerous disease the Commissioner may by notice in writing-
(b) prohibit the removal of corpses from the place where the death occurred except for the purpose of being burnt, buried or from being conveyed to a mortuary.
(1) No person being a Safai Karamchari employed in the Corporation service shall in the absence of any contract authorising him so to do, resign his employment without having given one month's notice to the Commissioner or shall abstain himself or neglect or refuse to perform his duties without reasonable cause.
(2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Corporation whose functions are intimately concerned with public health or safety.
The Commissioner may, by notice in writing, require the owner or person incharge of any building or burial grounds, cremation ground or electric crematorium to supply such information as may be specified in the notice concerning the condition, management or position of such ground.
(1) No place which has not been used as a burning or burial ground, cremation ground or electric crematorium before the commencement of this Act, shall be so used without the permission in writing of the Commissioner.
(2) Such permission may be granted subject to any condition which the Commissioner may think fit to impose for the purpose of preventing any annoyance to or danger to the health of any person residing in the neighbourhood.
(1) Where the Commissioner, after making or causing to be made local enquiry, is of opinion that any burning or burial grounds or cremation ground or electric crematorium, has become offensive to, or dangerous to the health of persons residing in the neighbourhood, he may with the previous sanction of the Corporation, by notice in writing, require the owner or person incharge of such ground to close the same from such date as may be specified in the notice.
(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
The Commissioner may by public notice prescribe routes by which alone corpses may be removed to burning or burial grounds.
(1) Whenever any animal in the charge of any person dies, the person incharge thereof shall within twenty-four hours either -
(b) give notice of the death to the Commissioner where upon he shall cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of dead animals under clause (b) of sub-section (1) the Commissioner may charge such fees as he may by public notice specify.
(1) No person shall-
(i) ease himself; or
(ii) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(v) without proper authority affix, upon any building, monument, post, wall, fence, trees or other things, any bill, notice or other document: or
(vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or
(vii) without proper authority remove, destroy, deface or
Where the Commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or one or more of these persons to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
(1) The Corporation may, by bye-laws made in this behalf,-
(a) require the registration by the registering authority appointed by the Commissioner in this behalf of all dogs kept within the municipal areas;
(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registering authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week.
(2) The Commissioner may,-
The Commissioner may by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purpose of illumination on the occasion of a festival or public or private entertainment.
No one shall discharge any fire-arm or let off fire works or fire-balloons or engage in any game in such manner as to cause or to be likely to cause danger to person passing by or dwelling or working in the neighbourhood or risk of injury to property.
Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool depression or excavation, or any bank or tree, is in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them, the occupier thereof, to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith takes such steps as he thinks necessary to avert the same.
The Commissioner may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner of any land or building or the lessee or the person claiming to be the lessee of any such land which by reason of misuse or disputed ownership or other cause, has remained unoccupied and has become the resort of the idle and disorderly person or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, secure and enclose the same within such time as may be specified in the notice.
For the prevention and extinction of fire, the Corporation may, and if the State Government so directs shall, establish and maintain a fire-brigade and provide implements, machinery or means of communicating intelligence for the efficient discharge of their duties by the brigade.
(1) On the occasion of a fire in the municipal area any Magistrate, the Commissioner of the Corporation, any member of a fire brigade maintained by the Corporation directing the operations of men belonging to the brigade, and any police officer not below the rank of Sub-Inspector may -
(a) remove or order the removal of any person which by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which any fire is burning;
(c) for the purposes of extinguishing the fire break into or through or pull down, or cause to be broken into or through or pulled down or used for the passage of houses or other appliances, any premises;
(d) cause mains and pipes to be shot off so as to give greater pressure of water in or near the place where the fire has occurred;
<The powers conferred by the last foregoing section shall be subject to any regulations, conditions or restrictions which may be imposed by the rules.
(1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in such markets, buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control of the Commissioner who may at any time, by public notice, close any municipal market or slaughter house or any part thereof.
(1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for the sale of any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employees of the Corporation authorised by the Commissioner in this behalf.
(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughter house shall be used as slaughter house:
Provided that nothing in this sub-section shall be deemed-
(b) to prevent the Commissioner, with the sanction of the Corporation, from setting apart places for the slaughter of animals in accordance with religious customs.
(1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Corporation and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence:
Provided that no such licence shall be cancelled without giving an opportunity of being heard to the licensee.
(4) A private market of which the licence has been suspended or cancelled as aforesaid, shall be closed with effect from such date as may be specified in the order of suspe
(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled, the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be pasted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.
No persons knowing that any market has been opened to the public without a licence having been obtained thereof when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.
(1) No animal or article shall be sold or exposed for sale within a distance of one hundred metres of any municipal market or licenced private market without the permission of the Commissioner.
(2) Any person contravening the provision of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the order or the Commissioner or any officer or employee of the Corporation appointed by him in this behalf.
The Commissioner, with the previous approval of the Corporation, may-
(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house;
(ii) for the right to expose articles for sale in a municipal market;
(iii) for the use of machines, weights, scales and measures provided for in any municipal market; and
(iv) for the right to slaughter animals in any municipal slaughter house and for the feed of such animals before they are ready for slaughter; or
(b) put upto public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such condition as he may think f
A copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughter house and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter house printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughter house.
(1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food:
Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air tight hermetically sealed receptacles.
(2) The Commissioner may, by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may by order, refuse for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence.
(4) If any place is used for the sale of flesh
(1) No person shall, without the previous permission in writing of the Commissioners establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reasons of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence issued by the Commissioner in this behalf, namely:-
(b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property or is likely to create a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles specified in Part II of the Schedule-I except for domestic use of those articles:
Provided that the Corporation may declare that premises in which the aggregate quantity of article stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such ar
(1) Head of every family shall be responsible to give or cause to be given, either orally or in writing, the details of cattle owned by his family to the Corporation within a period of one month from the commencement of the Himachal Pradesh Municipal Corporation (Amendment) Act, 2011, and thereafter, every time as and when any change in the number of cattle takes place by any reason.
(2) On receipt of the details of cattle under sub-section (1), the Corporation shall register cattle and shall maintain records thereof in such manner as may be notified by the Corporation:
Provided that the Corporation may charge registration fee at such rate as may be fixed by it.
(3) It shall be the duty of the Corporation to assist the officials or persons engaged by Animal Husbandry Department for applying appropriate identification mark on each cattle and to maintain the record of identification.
(1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provision of section 324 or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds:
Provided that anyone claiming such animals or birds may, within seven days of this seizure get them released on his paying all expense incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animals or birds, and on his producing a licence for keeping these animals and birds issue
(1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice, no person shall use any premises for any of the purposes referred to in sub-section (1) of section 324 which may be specified in such notice.
(2) No objections to any such declaration shall be received after period of one month from the publication of the notice.
(3) The Commissioner shall consider all objections received within the said period giving any person affected by the notice an opportunity of being heard and may thereupon make declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit.
(4) Every such declaration shall be published in the Official Gazette and in such other manner as the Commissioner may determine, and shall take effect from the date of its publication in the Official Gazette.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf -
(b) use in any place his skill in any handicraft or for rendering service to and for the convenience of the public for the purposes of gain or making a living.
(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public is admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-laws made in this behalf.
No person shall without or otherwise than in conformity with the terms of licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement:
Provided that nothing in this section shall apply to private performances in any such place.
If the Commissioner is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public is admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
(1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice, inspect such places for the purpose of satisfying himself as to whether any provisions of this Act or any bye-law made under this Act at the time in force is being contravened there at and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1).
(3) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Commissioner or if t
Where the Commissioner upon information is satisfied in respect of any area -
(b) that the most satisfactory method dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
(1) An improvement scheme may provide for all or any of the following matters, namely:-
(b) the relaying out of any land comprised in the scheme;
(c) the redistribution of sites belonging to owners of property comprised in the scheme;
(d) the closure or demolition of building or portions of buildings unfit for human habitation;
(e) the demolition of obstructive buildings or portions thereof;
(f) the construction and reconstruction of buildings;
(g) the construction and alteration of streets;
(h) the water supply, street lighting, drainage and other conveniences;
(i) the provision of urban amenities and facilities
(1) Every improvement scheme shall, as soon as may be, after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Commissioner to have a fresh scheme framed according to such directions.
(2) No improvement scheme approved by the corporation under sub-section (1) shall be valid unless it has been sanctioned by the Government.
(1) After an improvement scheme is sanctioned by the Government, the Commissioner shall prepare a notice stating -
(b) the boundaries of the area comprised in the scheme; and
(c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire may be seen.
(2) The Commissioner shall cause the aforesaid notice to be published in the Official Gazette and also in the manner specified in section 364.
The Commissioner, while framing the improvement scheme under this chapter for any area may also frame a scheme, (hereinafter in this Act referred to as the rehousing scheme,) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.
No improvement scheme or rehousing scheme framed under this chapter after development plan for the municipal area or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan.
If the corporation, upon consideration of report from the commissioner or any other information is satisfied that is expedient to provide housing accommodation for the economically weaker sections in any area and that such accommodation can be provided without making an improvement scheme the construction shall cause that area to be defined on a plan and pass a resolution authorising the Commissioner to provide such accommodation -
(b) by the conversion of any buildings belonging to the corporation into dwellings for the economically weaker sections.
No person shall cut, damage, destroy, fell or remove any tree of the prescribed class, whether included in a private holding or not, within the jurisdiction of the Municipal Corporation, except with prior permission obtained from the State Government under the provisions made in this Chapter or any rules made thereunder.
Explanation.- For the purpose of this section the expression "damage" in relation to a tree shall include,-
(b) cutting and exposure of roots or making a tree dangerous;
(c) setting fire to a tree or its branches;
(d) debarking or stripping of the bark;
(e) extraction of resin and gum;
(f) lopping of branches;
(g) extraction and removal of torchwood;
(h) damage to trees by throwing
(1) The State Government shall by notification, constitute the Tree Authority consisting of the following:-
(ii) the Commissioner;
(iii) the Divisional Forest Officer having jurisdiction over the city;
(iv) the District Horticulture Officer having jurisdiction over the city; and
(v) one Councillor to be nominated by the Mayor.
(2) The Mayor shall be the Chairman of the Tree Authority.
(1) The Tree Authority shall meet at least once in two months at such place and time as the chairman may decide.
(2) The quorum to constitute a meeting of the Tree Authority shall be one half of the total number of its members.
Notwithstanding anything in the Act, the Tree Authority shall subject to any general or special order of the state Government be responsible for-
(b) obtaining declaration from all owners or occupants about the number of trees in their lands;
(c) specifying the standards regarding the number and kind of trees in each locality, type of land and premises shall have;
(d) assisting private and public institutions connected with planting and preservation of trees; and
(e) undertaking such schemes or measures as may be directed from time to time for achieving the objectives of these provisions.
The State Government shall appoint one or more Forest Officers not below the rank of an Assistant Conservator of Forests as Tree Officer for the territorial limits of a Municipal Corporation. Every Tree Officer shall exercise jurisdiction over the whole or such part of the areas of the Municipal Corporation as the State Government may from time to time determine.
(1) Any person intending to cut, fell or remove a tree within the territorial jurisdiction of the corporation shall make an application to the Tree Officer, in such form and containing such particulars and accompanied by such documents as may be prescribed.
(2) Such application shall be accompanied by such fee as may be prescribed.
(1) On receipt of application from any person to fell any standing tree or to cut, lop, remove or otherwise dispose of a fallen tree, the Tree Authority shall, after making such inquiry as it may think fit, and with prior approval of the Government either permit in whole or in part or refuse the permission applied for:
Provided that no such permission shall be refused if the tree -
(ii) constitute a danger to life or property; or
(iii) is substantially damaged or destroyed by fire, lightning, rain or other natural causes.
(2) Where permission to fell a standing tree or to cut, remove or otherwise dispose of a fallen tree is granted, the Tree Authority may impose condition that the applicant shall plant another tree or trees of the same or other suitable species preferably on the same site within sixty days of
(1) If in the opinion of the Tree Officer the number of trees in any land is not adequate according to the standards prescribed under clause (c) of section 342, the Tree Officer may, by order, after giving a reasonable opportunity to the owner or occupier of the land of being heard, require him to plant such trees or additional trees and at such places in the land as may be specified in the order.
(2) When an order is made under sub-section (1) the owner or occupier of the land shall comply with such order within thirty days from the receipt thereof or such extended time as the Tree Officer may allow.
(1) When any tree is fallen or destroyed by wind, fire, lighting, rain or such other natural causes the Tree Officer may suo-motu or on information given to him after holding such enquiry as he deems fit, by order require such owner or occupier to plant a tree or trees in place of the tree so fallen or destroyed as may be specified in the order.
(2) When an order is made under sub-section (1) the owner or occupier of the land shall comply with such order within thirty days from the receipt thereof or such extended time as the Tree Officer may allow.
When an order is made by the Tree Officer under section 345, section 346 and section 347 subject to the provisions of section 349, it shall be the duty of owner or occupier of the land which is directed to plant a tree to see that the tree grows properly and is well preserved. It shall also be the duty of such owner or occupier to preserve all other trees existing on the land at the time of commencement of this Act within the area in which the land is situated.
Where the owner or occupier of the land fails to comply with any orders made by the Tree Officer under section 346 or section 347 or section 348, the Tree Officer may after giving a reasonable opportunity to such owner or occupier of being heard and without prejudice to any other action which may be taken against the defaulter under these provisions take the necessary action himself and recover the expenditure incurred therefrom, from the owner or the occupier, as the case may be.
(1) When any decision is given or order is made under section 346, section 347 or section 348 by the Tree Officer an appeal shall lie to the Tree Authority.
(2) The appeal shall be made within thirty days from the date the decision is communicated to or the order is received by the owner or occupier of the land.
(3) The Tree Authority shall, as far as possible, decide the appeal within ninety days from the date of its receipt after giving a reasonable opportunity to the appellant of being heard.
(4) The decision of the Tree Authority shall be final and shall not be questioned in any court of law.
When the Tree Officer has reason to believe that an offence under the provisions of this Chapter has been committed in respect of any tree he may seize the tools, ropes, chains, boats, vehicles or animals used for the commission of the said offence along with tree or part thereof which has been severed from the ground or the trunk, as the case may be.
Whoever falls or abets the falling of any tree or causes any tree to be felled in contravention of the provisions of this Chapter or any rules made thereunder without any reasonable excuse, fails to comply with any order issued or conditions imposed by the Tree Officer or any other officer subordinate to him in the discharge of their functions under the provisions of this Chapter shall on conviction be punished with imprisonment which may extend to 1[two years] or with fine 2[of ten thousand rupees] or with both.
Explanation.- For the purposes of this section a breach of the provisions of this Chapter or abetment of breach thereof in respect of cutting or destroying each tree shall be a separate offence.
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1. Substituted for the words "three months" vide H.P. Act No. 29 of 2005.
2. The words "five thousand" substituted for the
No offence or breach of the provisions of this Chapter shall be compounded by any authority empowered to compound without providing for forfeiture of the tree fuel, or timber along with articles seized under section 351 in favour of the concerned Municipal Corporation.
Nothing in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constituted an offence under these provisions or from being liable under such other law to higher punishment or penalty than that provided by these provisions or the rules made thereunder.
The State Government may by notification make rules to carry out the purposes of the provisions of this Chapter.
(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or written permission may be granted for any purpose, such licence or written permission shall be signed by the Commissioner or by the officer empowered to grant the same under this (Act) or the bye-laws made thereunder or by any Corporation Officer authorised by the Commissioner and shall specify, in addition to any other matter required to be specified under any other provision of this Act or any provision of any bye-law made thereunder-
(b) the purpose and the period, if any, for which it is granted;
(c) restrictions or conditions, if any, subject to which it is granted;
(d) the name and address of the person to whom it is granted; and
(e) the fee, if any, paid for the licence or written permission.
(2) Exc
The Commissioner or any Corporation officer or other Corporation employee authorised by him in this behalf or empowered in this behalf by or under any provision of this Act may enter into or upon any land or building with or without assistants and workmen-
(b) for the purposes of ascertaining whether or not circumstances exist which would authorise or require the Commissioner, or any Corporation officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made thereunder;
(c) for the purposes of taking any action or executing any work authorised or required by this Act or any bye-law made thereunder;
(d) to make any inquir
(1) The Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or under any provision of this Act, may enter on any land within thirty five metres of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land state the purpose thereof and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with bye-laws made in this behalf to the owner or occupier of land or to both
(1) It shall be lawful for the Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or, under any provision of this Act to make any entry into any place, and to open or cause to be opened any door, gate or other barrier:-
(b) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier the Commissioner, or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(3) A report shall be made t
Save as otherwise provided in this Act or any bye-law made thereunder no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Save as otherwise provided in this Act or any bye-law made thereunder, no land or building shall be entered into without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty four hours written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in section 324 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Bill or any bye-law made thereunder.
When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered and no apartment in the actual occupancy of a female, shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or the Commissioner has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.
Every public notice given under this Act or any bye-law made thereunder, shall be in writing under the signature of the Commissioner or of any Corporation Officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same or by beat of drum or by advertisement in local newspaper or by any two or more of these means and by any other means that the appropriate municipal authority may think fit.
Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspaper or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted if practicable in at least two newspapers in such languages as the Corporation may from time to time specify in this behalf:
Provided that if the Corporation publishes a municipal journal a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.
Whenever under this Act or any rule, regulation or bye-law made thereunder the doing of or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Commissioner or of any Corporation Officer a written document signed by the Commissioner or officer purporting to convey or set forth, such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.
Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice, bill, order or requisition shall specify a reasonable time for doing the same.
(1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Commissioner or of any Corporation Officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Corporation Fund under section 71 and such classes of documents as may be prescribed.
(1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Corporation or by the Commissioner or any Corporation Officer on any person shall save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served -
(i) sent by registered post; or
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, ident
In the event of a non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-laws made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act.
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued may require the occupier of such property or any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property as it falls due up to the amount recoverable from the owner under section 371:
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 371 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall in the absence of any contract between the owner and the occupier to the contrary, be deemed to have b
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee would be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made under it for the discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any act entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him, to apply to the discharge of his obligation as aforesaid, the first moneys which may come to his hands on behalf, or for the use of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge
In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Corporation, may pay compensation to any person who sustains damage by reasons of the exercise of any of the power vested by this Act or any bye-law in the Commissioner or in any Corporation officer or other Corporation employee.
(1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation, payable under sub-section (1) such amount shall, on application made to him be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.
In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Corporation on account of any charges, costs, expenses, fees, rates or rent for on any other account under the Act or any such bye-law may be recoverable from any person from whom such sum is due as arrears of tax under this Act:
Provided that no proceedings for the recovery of any sum under this section, shall be commenced after the expiry of three years from the date on which such sum becomes due.
(1) The owner of any land or building may if he is prevented by the occupier thereof from complying with any provision of this Act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the District Judge, and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision or notice, order or requisition within the time so fixed.
(2) The court on receipt of such application may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision, or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the or
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed in the disposal of application, appeals or references that may be made to the court of the District Judge under this Act or any bye-law made thereunder.
(1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid-
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or bye-law, of any summons or other process:
Provided that the fee, if any prescribed under clause (a) shall not in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees liable for the time being under the provisions of the Himachal Pradesh Court Fees Act, 1968 (8 of 1968), in cases in which the amount of the claim or subject matter is of a like amount.
(2) The Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1) sha
Whenever an application, appeal or reference made under this Act or any bye-law made thereunder to the court of the District Judge, is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time, shall be repaid by the court to parties by whom the same have respectively been paid.
The Court of the District judge may -
(b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise to the jurisdiction conferred upon the court by this Act which is not herein specifically provided for.
Whoever -
(b) fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions shall be punishable -
(i) with fine which may extend to the amount, specified in the third column of the said Table; and
(ii) in the case of a continuing contravention or failure; with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.
Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine 1[of five thousand rupees, and in case of a continuing failure or contravention with an additional fine of five hundred rupees] for every day after the first, during which he has persisted in the failure or contravention.
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1. Substituted for the words and sign "which may extend to five hundred rupees, and in the case of a continuing failure or contravention with an additional fine which may extend to fifty rupees" vide H.P. Act No. 13 of 2016.
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was incharge of and was responsible to the Company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other
(1) Every Corporation shall, unless relieved of this obligation by the Government, maintain sufficient police establishment for its police requirements within the municipal area and for the performance of the duties imposed on it by the Act.
(2) The establishment maintained under sub-section (1) shall consist of part of the general police force under the Government within the meaning of section 2 of the Police Act, 1861 (5 of 1861) and, shall consist of such number of officers and men who shall respectively receive such pay, leave, allowances, gratuities and pensions as the Corporation may from time to time after consultation with the Director General of Police, and subject to the final decision of the Government, direct.
(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if -
(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
(3) It shall be the duty of all police officers to give immediate information to the Commissioner or any other appropriate Corporation Officer, of the commission of, the attempt to commit
The Commissioner may-
(i) any offence against this Act or any rule, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act; or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from or compromise, proceedings under section 376 for the recovery of expenses or compensation claimed to be due to the Corporation;
(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;
(e) defend any suit or other legal proceeding brought against the Corporation o
Save as otherwise provided in this Act, no court shall try an offence made punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the commissioner, or any other officer of the Corporation authorised by it in this behalf.
(1) The Commissioner or any other officer of the Corporation authorised by it in this behalf by a general or special order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act, or any rule or any bye-law made thereunder.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceeding shall be taken against him in respect of the offence so compounded.
No suit or prosecution shall be entertained in any court against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation Officer or other Corporation employee, for anything which is in good faith done or intended to be done, under this Act or any rule regulation or bye-law made thereunder.
(1) No suit shall be instituted against the Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation or the Commissioner or any Corporation Officer or other Corporation employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the Corporation office and, in the case of such employee or person unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.
(1) Any rule which the Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one thousand rupees.
(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees to making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
(1) Any regulation which the Corporation under this Act, may make with the approval of Government, may be altered, or rescinded by the Corporation with the approval of the Government in the exercise of its powers under this Act.
(2) Any regulation made under this section may provide that contravention thereof shall be punishable with fine which may extend to five hundred rupees.
(3) No regulation made by the Corporation under this Act shall have effect until it has been published in the Official Gazette by the Government.
Subject to the provisions of this Act, the Corporation may in addition to any bye-laws which it is empowered to make under any other provisions of this Act make bye-laws to provide for all or any of the following matters, namely:-
A. Bye-laws relating to taxation.-
(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;
(3) the publication of rates, of taxes as determined by the Government from time to time;
(4) the requisition by the Commissioner of information and returns from persons liable to pay taxes;
(5) the notice to be given to the Commissioner by any person who becomes the owner or possessor or of a vehicle or
1[(1)] Any bye-laws made under this Act may provide that a contravention thereof shall be punishable,-
(b) with fine which may extend to 3[fifty thousand rupees] and in the case of continuing contravention, with an additional fine which may extend to 4[five thousand rupees]for every day during which such contravention continues after conviction for the first contravention; or
(c) with fine which may extend to 5[five thousand rupees] for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any Corporation Officer duly authorised in that behalf by the person contravening the bye-law requiring such person to discontinue such contravention.
(2) Any such bye-law may also provide that a person contravening th
Any power to make bye-laws conferred by this Act is conferred subject to the condition that bye- laws being made after previous publication by the Corporation, after having been published in Official Gazette for inviting public objections:
Provided that State Government may cancel any such bye-law if found to be contrary to the provisions of this Act or the rules made thereunder and thereupon the bye-law shall cease to have effect.]
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1. Section 397 substituted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
(1) A copy of all bye-laws made under this Act shall be kept at the Corporation office and shall, during office hours, be open free of charge to inspection by any person of the municipal area.
(2) Copies of all such bye-laws shall be kept at the Corporation office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
The Government or the Director may at any time require the Commissioner -
(b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the Corporation authorities.
The Government or the Director may depute any officer to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every Corporation authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
(1) If whether on receipt of any information or report obtained under section 399 or section 400 or otherwise, the Government or the Director is of the opinion -
(b) that adequate financial provision has not been made for the performance of any such duty;
the Government or the Director, as the case may be, may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provisions to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction:
Provided that unless in the opinio
If, within the period fixed by a direction made under sub-section (1) of section 401, any action the taking of which has been directed under that sub-section, has not been duly taken, the Government or the Director as the case may be, make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund.
The Commissioner may, on his own or on the application made by any of the party to the proceedings, review the order passed by him under this Act, in accordance with the provisions of order XLVII of the Code of Civil Procedure, 1908 and may modify or reverse the same accordingly.]
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1. Section 402-A inserted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
The Government may at any time, for the purposes of satisfying itself as to the correctness, legality, propriety or regularity of any proceeding or order passed by any officer of the Government or the Commissioner or any officer subordinate to him, call for and examine the record and may pass such order with reference thereto as it may think fit.
(1) If, in the opinion of the Government, the Corporation is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law or exceeds or abuses its powers the Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, declare the Corporation to be incompetent or in default or to have exceeded or abused its powers, as the case may be and dissolve the Corporation:
Provided that before making an order of dissolution as aforesaid, reasonable opportunity shall be given to the Corporation to be heard and to show cause why such order of dissolution should not be made.
(2) When the Corporation is dissolved by an order under sub-section (1),-
(1) The Government may, by notification, delegate all or any of its powers under this Act , except the power to make rules, to any officer subject to such restrictions and conditions as may be specified in the notification.
(2) Wherever it is expedient to do so in the public interest and for the efficient performance of the functions entrusted to the Corporation may, with the prior approval of the State Government entrust any of its civic services and amenities (including collection of taxes and revenues) in relation to any matter to which the power of the Corporation extends, to any person or agency subject to such conditions and restrictions as it may consider necessary to impose.
No notice, order, requisition, licence, permission in writing or any other document issued under this Act, shall be invalid merely by reason of defect of form.
A copy of any receipt, application, plan notice, order or other document or of any entry in a register in the possession of any Corporation authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case there, and to same extent to which the original document or entry would if produced, have been admissible to prove such matters and transactions.
No Corporation officer or other Corporation employee shall, in any legal proceeding to which the Corporation is not a party, be required to produce any register or document the contents of which can be proved under section 403 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
No person shall obstruct the Corporation or the Commissioner, the Mayor or any of the Deputy Mayor, any Councillor or any person employed in the Corporation or any person with whom the Commissioner has entered in to a contract on behalf of the Corporation, in the performance of his duty or of anything which he is empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.
No person shall, without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Corporation or any other Corporation authority or any Corporation Officer or other Corporation employee specified by the Commissioner in this behalf.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment in or on any land vested in the Corporation or in any way obstruct the same.
(1)2[Mayor, Deputy Mayor and Councillor]shall be liable for the loss, waste or misapplication of any money or other property belonging to the Corporation, if such loss, waste or misapplication is reported either by the Audit Agency or otherwise comes to the notice of the Corporation to be a direct consequence of his neglect or misconduct in the performance of his duties as a 3[Mayor, Deputy Mayor and Councillor]; and he may after being given an opportunity, by notice served in the manner provided for the service of summons in the Code of Civil Procedure, 1908 (5 of 1908), to show cause by written or oral representation why he should not be required to make good the loss, or be surcharged with the value of such property or the amount of such money by the Director, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2), the Collector at the request of the Director shall proceed fort
1[Mayor, Deputy Mayor and Councillor], the Commissioner and every Corporation Officer and other Corporation employees, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (39 of 1860).
--------------------
1. Substituted for the word "Every Councillor" vide H.P. Act No. 11 of 2010.
As soon as may be after 1st day of April, in every year and not later than such date as may be fixed by the Government in this behalf, the Corporation through the Director shall submit to the Government a detailed report of its activities during the preceding year in such form as the Government may direct.
(2) The Commissioner shall prepare such report and the Corporation shall consider it and forward the same to the Government with its resolution thereon, if any.
(3) Copies of the report shall be kept for sale at the Corporation office.
Save as expressly provided in this Act and unless the context otherwise requires, after the establishment of the Corporation, any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any local authority having jurisdiction in the municipal area or any part thereof shall, unless the context or subject otherwise require, be construed as reference to the Corporation.
Notwithstanding anything contained in the foregoing provisions in this Act -
(b) the Corporation, with previous approval of the Government, may, by notification in the Official Gazette,-
(i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit; and
(ii) levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower than those at which such taxes, fees and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge.
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If the Government or the Director is of the opinion that the execution of any resolution or order of the Corporation or of any other Corporation authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or cause injury and or annoyance to the public or any class or body of persons, the Government or the Director under intimation to the Government, may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.
The Government may by written order modify, annul or omit from the records any proceedings of the Corporation which it considers not to be in conformity with this Act, or any rules or bye-laws made thereunder and may do all things necessary to secure such conformity:
Provided that unless in the opinion of the Government the immediate making of such order is necessary it shall before making, an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made.
(1) The Government may, by notification, withdraw from the operation of this Act, any area of any municipal area of the Corporation:
Provided that no such notification shall be issued unless the same has been published for inviting objections and suggestions, if any, which have been duly considered to.
(2) When a notification is issued under this section in relation to any municipal area, this Act, all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the said area.
(1) The Corporation shall prepare every year a development plan for its area and submit it to the District Planning Committee.
(2) The District Planning Committee, constituted by the State Government under section 185 of the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994) shall consolidate the development plans prepared and submitted to it by the municipalities in the District, under sub-section (1) and prepare a draft development plan for the district as a whole.
(3) The persons to represent the municipalities in the District Planning Committee, under clause (d) of sub-section (2) of section 185 of the Panchayati Raj Act, 1994( 4 of 1994), shall be chosen by the elected members of the municipalities in the District in the prescribed manner from amongst themselves.
(4) Every District Planning Committee shall in preparing the draft development plan -
In any enactment other than the Himachal Pradesh Municipal Act, 1994 (13 of 1994), in force on the date immediately preceding the appointed day on which notification is published under sub-section (2) of section 3 of this Act issued or in any rule, order or notification made or issued thereunder and in force on such date, unless a different-intention appears -
(b) reference to the President or the Vice-President of a municipality constituted under the Himachal Pradesh Municipal Act, 1994 (13 of 1994) shall be construed in respect of the municipal area as reference to the Commissioner appointed under this Act;
(c) reference to
(1) When any municipality including area comprising rural area or a part thereof, if any, is declared and constituted a Corporation under sections 3 and 4 of this Act, the entire officers and employees serving in a municipality including area comprising rural area or a part thereof, if any, on a post in relation to which the Corporation is constituted, shall, on the declaration and constitution of a Corporation, be deemed to be transferred to the Corporation on the existing terms of service and integrated into the corresponding municipal service.
(2) The Corporation may recruit additional staff where necessary subject to the conditions as may be laid down by the Government.
(3) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation of appointment or post for Scheduled Castes, Scheduled Tribes,
(1) All assets and properties vesting in, all debts, liabilities and obligations incurred by, and all contracts made by or on behalf of the municipality including area comprising rural area or a part thereof, if any, declared and constituted to be a Corporation under sections 3 and 4 of this Act, be deemed to have been vested in, to have been incurred and made by the Corporation and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the said municipality including area comprising rural or a part thereof, if any, on the day the Corporation was constituted which under the provisions of this Act, are required to be instituted before or undertaken by the Commissioner, shall be transferred to and continued by him and all other such proceedings shall, so far as may be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act.
<Any reference in the foregoing sections to municipalities or a local authority shall, in case such municipality or a local authority has been superseded or placed under the charge of an administrator under any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipality or local authority under any law relating to such municipality or the Municipal Corporation or local authority.
(1) On a complaint being made to the Corporation by any a 1[XXXXXXXXXXX Councillor] that an officer or official of the corporation or any other class of Government officer or official discharging any duties in relation to the functions of the Corporation, to which the Government may, by notification, extend the provisions of this section has mis-conducted himself in his official capacity, the Corporation may enquire into the matter and submit a report alongwith the prima facie evidence to the superior officer whom it may concern, or to the Director and the said officer shall, after such further enquiry as may be required, take suitable action under intimation to the Corporation and the Government.
(2) On the report being made by any a 2[XXXXXXXXXXX Councillor] that an officer or official of the municipality or any other class of Government officers or officials discharging any duties in relation to the functions of the Corp
If any difficulty arises in giving effect to the provisions of this Act or by reason of anything contained in this Act to any other enactment for the time being in force, the Government may , as occasion requires, by order direct that this Act shall during such period as may, be specified in the order but not extending beyond the expiry of two years from the commencement orders have effect subject to such adaptations whether by way of modification, addition or omissions as it may deem to be necessary and expedient.
(1) On and from the date of commencement of this Act, the Himachal Pradesh Municipal Corporation Act, 1979 (9 of 1980), shall stand repealed (hereinafter referred to as the repealed Act:
Provided that the repeal shall not effect,-
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act, or
(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or, remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enforced:
Provided further that subject to the preceding proviso an
(1) The Himachal Pradesh Municipal Corporation (Amendment) Ordinance, 1994 (3 of 1994) is hereby repealed.
(2) Notwithstanding the repeal of the Himachal Pradesh Municipal Corporation Ordinance, 1994, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
PART- I
Purposes to which premises may not be used without a licence:
1. Banking.
2. Cinematograph films, shooting of.
3. Cinematograph film by any process whatsoever, Treating of.
4. Chillies or masala or corn or seeds, Grinding of by mechanical means.
5. Cloth, Yarn or leather in indigo or in other colours, Dyeing or printing of.
6. Cloth, or yarn bleaching.
7. Keeping of an eating house or a catering establishment.
8. Grain, Parching.
9. Ground nut seeds, tamarind seeds or any other seeds, Parching.
10. Keeping of hair dressing saloon or a barber's shop.
11. Hides or skins, whether raw or dried Tanning, pressing or packing.
12. Keeping a laundry shop.
13. Leathe
PENALTIES
Explanation.- The entries in the second column of the following table headed 'Subject' are not intended as definition of the offences prescribed in the provision mentioned in the first column or even, as abstracts of the provision but are inserted merely as reference to the subject thereof.
(See section 383)
1[TABLE
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