LexThe Himachal Pradesh Municipal Act, 1994
Himachal Pradesh · state statute
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AUTHORITATIVE ENGLISH TEXT
THE HIMACHAL PRADESH MUNICIPAL ACT, 1994
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-1
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
CLASSIFICATION OF MUNICIPALITIES AND MUNICIPAL
AREA
3. Classification of municipalities.
4. Procedure for declaring municipal area.
5. Notification of intention to include a local area in a municipal
area.
6. Notification of intention to exclude local area from a
municipal area.
7. Exclusion of local area from a municipal area.
8. Effect of exclusion of local area from municipal area.
9. Power to abolish municipal area.
CHAPTER -III
MUNICIPALITIES
10. Composition of municipalities.
11. Reservation of seats.
12. Reservation of offices of Chairpersons.
13. Term of office of members.
14. Duration of municipality etc.
15. Resignation of member of municipality.
16. Disqualifications.
17. Bar to hold more than one office.
17-A. Account of election expenses and maximum thereof.
17-B. Lodging of account.
18. Power of State Government as to removal of members.
19. Filling of casual vacancies.
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20. Incorporation of municipality.
21. Members and employees to be Public servants.
22. Election of President and Vice-President.
23. Term of office of and ho norarium to President and Vice -
President.
24. Resignation of President or Vice-President.
25. Motion of no confidence against President or Vice-President.
26. Removal of President or Vice-President.
27. Notification of elections and nominations.
28. Time for holding meetings.
29. Ordinary and special meetings.
30. Quorum.
31. Chairman of meeting.
32. Vote of majority decisive.
33. Records and publication of proceedings.
34. Bye-laws.
35. Appointment of Director.
36. Delegation of powers and functions.
37. Power of President or Vice-President in emergency.
38. Joint committees.
39. Vacancies and irregularities not to invalidate acts and
proceedings.
40. Authority to contract.
41. Mode of executing contracts and transfer of property.
42. Penalty on member or employee being interested in any
contract with a municipality.
43. Suits against municipality and its employees.
44. Bar of jurisdiction of civil courts.
45. Protection of action taken in good faith.
46. Liability for loss.
CHAPTER - IV
FUNCTIONS OF THE MUNICIPALITIES
47. General powers of municipalities.
48. Powers and authorities of municipalities.
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49. Standing Committees.
50. Functions of the Standing Committees.
51. Conduct of business by the Standing Committees.
CHAPTER -V
MUNICIPAL FUND AND PROPERTY
52. Constitution of municipal fund.
53. Application of fund.
54. Payment of allowances to the members out of the municipal
fund.
55. Custody of municipal fund.
56. Power to deposit and invest surplus funds.
57. Property vested in a municipality.
58. Inventory and map of municipal property.
59. Erection and maintenance of boundary marks of municipal
area.
60. Management of public institutions.
61. Acquisition of land.
62. Transfer to Government property vesting in municipality.
63. Power to take over management of water works, sewerage
works and roads etc.
64. Finance Commission.
CHAPTER VI
TAXATION
65. Taxes which municipality shall impose.
66. Taxes that may be imposed.
67. Limitation of taxing power.
68. Procedure regarding taxes under section 65.
69. Collection and payment of tax on consumption of electricity.
70. Procedure to impose taxes under section 66.
71. Power of Government in respect of taxation.
72. Preparation of assessment list.
73. Publication and completion of assessment lists.
74. Public notice of time fixed for revising assessment lists.
75. Settlement of list.
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76. Further amendment of assessment list.
77. New list need not to be prepared every year.
78. Tax not invalid for defect of form.
79. Power of Municipality to exempt payment of taxes.
80. Power of State Government to exempt payment of taxes.
81. Remission of tax on unoccupied immovable property.
82. Duty to furnish information.
83. Notice on transfers of title.
84. Power of entry.
85. Taxes when payable.
86. Recovery of property tax.
87. Recovery of taxes.
88. Seizure and sale of vehicle and animal.
89. Recovery of dues as arrears of land revenue.
90. Appeals.
91. Limitation for appeal.
92. Revision.
93. Bar to question assessment.
CHAPTER VII
POLICE ASSISTANCE
94. Police force.
95. Powers and duties of police.
96. Special police assistance at fairs etc.
CHAPTER VIII
EXTINCTION AND PREVENTION OF FIRE
97. Establishment and maintenance of fire brigade.
98. Power of fire bridge and other persons to extinguish.
99. Observance of rules and regulations.
CHAPTER IX
WATER SUPPLY
100. Provision for water supply.
101. Supply of water for domestic purposes.
102. Supply of water for other than domestic purposes.
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103. Procedure for water connection.
104. Obligation of owner or occupier to give notice of waste of
water.
105. Cutting of water supply to premises.
106. Power of municipality in respect of communications etc.
107. Power to require owners of buildings to provide the storage
reservoirs for rain water on their premises.
108. Supervision and inspection of works.
109. Repairs of reservoirs.
CHAPTER X
POWER FOR SANITARY AND OTHER PURPOSES
110. Bathing and washing places.
111. Powers in respect of burial and cremation grounds.
112. Disposal of mad and stray dogs and other animals.
113. Dogs not to be at large.
114. Control of elephants, bears or camels.
115. Taking elephants along public roads.
116. Power to require buildings, wells, tanks etc. to be secured.
117. Building etc. in dangerous stage.
118. Cleaning of filthy building or land.
119. Paving or draining of cattle-stands.
120. Power to prohibit use of unfit buildings.
121. Power to require owner to clear away noxious vegetation.
122. Power to require hedges and trees to be trimmed.
123. Power to req uire untenanted building becoming a nuisance to
be secured or enclosed.
124. Prohibition of cultivation of crop, use of manure or irrigation
injurious to health.
125. Regulation offensive and dangerous trade.
126. Consent of municipality to establish new f actories or
workshops.
127. Prohibition of cinematographs and dramatic performances
except in licensed premises.
128. Power to prohibit trades.
129. Use of steam whistles, etc.
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130. Provisions of drains, privies etc.
131. Repair and closing of drains, privies etc.
132. Unauthorised building over drains etc.
133. Removal of latrines etc, near any source of water supply.
134. Discharge in sewerage.
135. Making or altering drains without authority.
136. Power to require removal of nuisance arising from tanks a nd
the like.
137. Power of municipality to lay or carry wires, pipes, drains or
sewers through private lands.
138. Provision as to wire, pipes drains or sewers laid or carried
above surface of ground.
139. Previous notice.
140. Connection with main not to be made without permission of
municipality.
141. Sewerage connection.
142. Troughs and pipes for rain water.
143. Information in relation to cholera, small-pox, etc.
144. Removal to hospital of patients suffering from infectious
diseases.
145. Disinfection of buildings and articles.
146. Penalty for letting infected houses.
147. Provision of places and appliances for disinfection.
148. Acts done by persons suffering from certain disorders.
149. Keeping of animals injurious to health.
150. Feeding animals on deleterious substances.
151. Prohibition by municipality of use of unwholesome water.
152. Penalty for selling substandard food or drinks.
153. Soliciting alms.
154. Removal and deposit of offensive matter.
155. Preparation of compost manure.
156. Power to acquire etc.
157. Right of appeal and revision.
158. Bar of jurisdiction.
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159. Failure to remove noxious matter.
160. Depositing or throwing of earth or material of any description
on roads or into drains.
161. Spitting in places other than drains or receptacles provided.
162. Nuisance by children and others.
163. Definition of house scavenging.
164. Undertaking by municipality of house scavenging.
165. Abolition of customary right.
166. Scavenging etc.
167. Continuance of house scavenging once undertaken by
municipality.
168. Obligation of municipality to perform house scavenging
properly.
169. Powers of municipality employees for house scavenging
purposes.
170. Vesting in municipality or collection from house scavenging.
171. Establishment of crèches for Safai Mazdoors.
172. Places for slaughter of animals for sale.
173. Disposal of dead animals.
174. Power in connection with streets.
175. Protection of streets during cutting down of tree, erection or
demolition of buildings.
176. Notice to lay out street.
177. Order on notice under section 176.
178. Sanction of new street.
179. Operation of sanction.
180. Penalty.
181. Notice to owner of land under street.
182. Power to require repairs of streets and to declare such street
public.
183. Punishment for enc roachment or overhanging structure over
street.
184. Permission of occupation of public street and removal of
obstruction.
185. Powers of Deputy Commissioner to remove encroachments.
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186. Powers to regulate line of a street.
187. Government streets.
188. Removal of overhanging structures.
189. Power to attach brackets for lamps.
190. Construction of stalls.
191. Destroying direction, posts, lamp-posts etc.
192. Bill-sticking without permission.
193. Names or numbers of streets, buildings etc.
194. Inflammable materials.
195. Roofs and external walls not to be made of inflammable
materials.
196. Picketing animals and collecting carts.
197. Driving vehicles without proper lights.
198. Beating drums etc.
199. Discharging fire-arms, etc.
200. Building operations, quarrying, blasting or cutting timber.
201. Powers to levy fee at fair.
CHAPTER XI
BYE-LAWS
202. General bye-laws.
203. Prohibition to erect buildings without sanction.
204. Power of municipality to make bye -laws as to erection or re -
erection of buildings.
205. Building scheme.
206. Regularisations of certain buildings.
207. Punishment for erection or re -erection of a building on
sanction of a building scheme under section 205.
208. Power of municipality to sanction or refuse erection or re -
erection of buildings.
209. Power of municipality to direct modification of sanctioned
plan of a building before its completion.
210. Completion certificate and lapse of sanction.
211. Penalty for disobedience.
212. Power of demolition of building and works in certain cases and
appeal.
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213. Compensation.
214. Power of municipality to regulate the manufacture, preparation
and sale of food and drink.
215. Prohibition of possession or sale of wild animals.
216. Penalty for infringement of bye-laws.
217. Confirmation of bye-laws.
218. Power of State Government to make bye-laws.
219. Procedure for making bye-laws.
220. Bye-laws to be available for purchase and inspection.
CHAPTER XII
PREVENTION OF SOIL EROSION AND HILL SIDE SAFETY
221. Regulation of felling of trees within municipal limits.
CHAPTER XIII
PROCEDURE, POWER OF ENTRY AND INSPECTION
222. Inspection of drains, privies and cesspools.
223. Inspection of building etc.
224. Other powers of entry on buildings or land.
225. Power to inspect places for sale of food or drink etc. and to
seize un-wholesome articles exposed for sale.
226. Inspection of places for illicit slaughter of animals.
227. Refusal to allow inspection.
228. Search for inflammable or explosive material in excess of
authorised quantity.
229. Power of entry for the purpose of preventing spread of disease.
230. Authorisation of powers.
231. Precautions to be observed in entering dwelling.
232. Reasonable time for compliance to be fixed.
233. Authentication, service and validity of notices.
234. Service when owner and occupier are different person.
235. Mode of giving notice to owner or occupier of property.
236. Publication of public notices.
237. Penalty for disobedience of orders of municipalities.
238. Compensation for damage.
239. Power of municipality in the event of non-compliance.
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240. Penalty for obstruction.
241. Recovery of cost of execution.
242. Relief to agents and trustees.
243. Payment of compensation.
244. Appeals from orders of municipality.
245. Prosecution to be suspended in certain cases.
246. Appeals from certain orders.
247. Authority for prosecution.
248. Power to compound offences.
CHAPTER XIV
FINANCIAL CONTROL AND AUDIT
249. Presentation of accounts and budget of a municipality.
250. Revision of budget.
251. Supplementary budget.
252. Maintenance of accounts and restriction of expenditure.
253. Transmission of accounts.
254. Power to write off irrecoverable sums.
255. Audit of accounts.
256. Action by municipality on audit report.
257. Recovery of amounts disallowed.
258. Procedure for recovery of dues of municipality.
259. Conditions of distraint and sale.
CHAPTER XV
DEVELOPMENT PLANS AND DISTRICT PLANNING
COMMITTEE
260. Preparation of developments plans.
261. District Planning Committees.
CHAPTER XVI
CONTROL
262. Control by Deputy Commissioner.
263. Power to suspend execution of orders etc.
264. Power of Deputy Commissioner in emergency.
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265. Powers to provide for performance of duties in case of default
of municipality.
266. Action of Deputy Commissioner to be immediately reported.
267. Power of State Government to give directions.
268. Exercise of committee‘s power pending establishment of
municipality.
269. Power of State Government and its officer over municipality.
270. General powers of State Government.
271. Power of State Governmen t to dissolve municipality for
default, abuse of powers, etc.
272. Suspension of office bearer of municipalities.
273. Removal of office bearers of municipality.
274. Power to call record.
275. Power of inspection and supervision.
276. Technical supervision and inspections.
277. Taking over of certain branches or departments of the
municipality.
278. Disputes.
279. Power of State Government to frame forms and make rules.
CHAPTER XVII
DISPUTES RELATING TO ELECTIONS
280. Definitions.
281. State Election Commission.
281-A. Requisitioning of premises, vehicles etc. for election
purposes.
282. Officers authorised to hear election petitions.
283. Election petitions.
284. Presentation of petitions.
284-A. Parties to the petition.
285. Contents of petition.
286. Procedure on receiving election petition.
287. Withdrawal and transfer of petitions.
288. Procedure before the authorised officer.
289. Appearance before the authorised officer.
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290. Power of the authorised officer.
291. Documentary evidence.
292. Secrecy of voting.
293. Answering of incriminating questions and certificate of
indemnity.
294. Expenses of witnesses.
295. Decision of the authorised officer.
296. Grounds for setting aside election.
297. Abatement of election petition.
298. Costs and payment thereof out of security deposits and return
of such deposits.
299. Execution of orders as to the costs.
300. Corrupt practices entailing disqualifications.
301. Corrupt practices.
302. Appeals.
303. Bar to interference by Courts in electoral matters.
304. Power to make rules for conduct of elections.
CHAPTER VII-A
ELECTORAL OFFENCES
304-A. Promoting enmity between classes in connection with the
election.
304-B. Prohibition of public meetings during period of forty -eight
hours ending with hour fixed for conclusion of poll.
304-C. Disturbances at election meeting.
304-D. Restrictions on the printing of pamphlets, posters etc.
304-E. Maintenance of secrecy of voting.
304-F. Officers etc. at elections not to act for candidates or to
influence voting.
304-G. Prohibition of canvassing in or near polling stations.
304.H. Penalty for disorderly conduct in or near polling stations.
304-I. Penalty for misconduct at the polling station.
304-J. Penalty for failure to observe procedure for voting.
304-K. Penalty for illegal hir ing or procuring of conveyance at
elections.
304-L Breaches of official duty in connection with election.
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304-M. Penalty for Government servants for acting as election agent,
polling agent or counting agent.
304-N. Prohibition of going armed to or near a polling station.
304-O. Removal of ballot papers from polling station to be an
offence.
304-P. Offence of booth capturing.
304-Q. Grant of paid holiday to employees on the day of poll.
304-R. Liquor not be sold, given or distributed on polling day.
304-S. Other offences and penalties therefor.
CHAPTER XVIII
MISCELLANEOUS
305. Appointment of Executive Officers/Secretaries in
municipalities.
306. Posts in municipality and appointments thereto.
307. Officers and other employees not to be interested in any
contract etc., with municipality.
308. Power to enquire and report about misconduct of certain
officers or officials.
309. Power to remove difficulties.
310. Repeal of H.P. Act No. 19 of 1968.
311. Repeal of H.P. Ordinance No. 2 of 1994.
SCHEDULE.
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THE HIMACHAL PRADESH MUNICIPAL ACT, 1994
(ACT NO. 13 OF 1994)1
(Received the assent of the Governor of Himachal Pradesh on 18 th
October, 1994 and was published in Hindi and English in R.H.P. Extra dated
18th October, 1994 p. 3229-3476).
Amended, repealed or otherwise effected:-
1. H.P. Ordinance No. 2 of 1995 replaced by H.P. Act No. 11 of
19952 published in R.H.P Extra., dated 22.11.1995. p. 4637 -4640
effective w.e.f. 1.8.1995.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P. Extra., dated 19.9.1994, p. 2612 and 2732.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P. Extra., dated 27-9-1995, p. 3907 and 3910.
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2. H.P. Ordinance No. 2 of 1997 replaced by H.P. Act No. 8 of
19971 published in R.H.P Extra., dated 19.4.1997. p. 1375 -1378
w.e.f. 10.1.1997.
3. H.P. Act No. 23 of 2000 2 published in R.H.P Extra., dated
20.10.2000. p. 3445-3467
4. H.P. Ordinance No. 2 of 2000 replaced by H.P. Act No. 13 of
20013 published in R.H.P Extra., dated 28.2.2001. p. 5731-5732
5. H.P. Ordinance No.4 of 2003 replaced by H.P. Act No. 10 of
20034 published in R.H.P Extra., dated 2.8.2003. p. 1109-1112.
6. H.P. Ordinance No.5 of 2003 replaced by H.P. Act No. 7 of 20035
published in R.H.P Extra., dated 2.8.2003. p. 1094-1094.
7. H.P. Ordinance No.6 of 2003 replaced by H.P. Act No. 2 of 20046
published in R.H.P Extra., dated 22.1.2004. p. 3091-3092.
8. H.P. Act No. 28 of 2005 7 published in R.H.P Extra., dated
30.3.2005 p. 3303-3308.
9. H.P. Act No. 20 of 200 78 published in R.H.P Extra., dated
29.9.2007 p. 6161-6162.
An Act to consolidate and amend and replace the law relating to
municipalities in Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Forty-fifth Year of the Republic of India as follow:-
CHAPTER-1
PRELIMINARY
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statemen t of
Objects and Reasons see R.H.P.Extra., dated 25-3-1997, p. 983 and 986.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated 21.8.2000, p. 2551 &2567.
3. Passed in Hindi by the Himachal P radesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated 26.12.2000, p. 4756 &4748.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated 18.7.2003, p. 889 & 893.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated 18.7.2003, p. 832 & 835.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated 18.12.2003, p.2828 & 2830.
7. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated 10.8.2005, p. 2454 & 2461.
8. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see R.H.P.Extra., dated .2007, p. .
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1. Short title, extent and commencement. - (1) This Act may be
called the Himachal Pradesh Municipal Act, 1994.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall and shall be deemed to have come into force on the 30 th
day of May, 1994.
2. Definitions. - In this Act, unless there is anything repugnant in the
subject or context,-
(1) 1[xxxxxxx]
(2) "backward classes" means such classes of citizens other than
scheduled castes and sched uled tribes as may be identified and
notified for the purposes of reservation for appointments or
posts in the services under the State Government ;
(3) "building" means any shop, house, hut, out -house, stable, a
factory, an industrial shed and a temporary structure erected by
means of tents and structures, raised for entertainment purposes
whether roofed or not and whether used for the purposes of
human habitation or otherwise and whether of masonry, bricks,
wood, mud, thatch, metal or any other material w hatever, and
includes a wall and a well;
(4) "building line" means a line beyond which the outer face or any
part of an external wall of a building may not project in the
direction of any street, existing or proposed ;
(5) "built area" is that portion of a municipality of which the greater
part has been developed as a business or residential area;
(6) "bye-laws" mean bye-laws made under this Act;
(6-a). ―cattle‖ means domestic animals and includes elephants,
camels, buffaloes, cows, oxen, horses, mares, ge ldings,
ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep,
lambs, goats and kids;‖; and
(7) "committee" means a committee of a municipality, constituted
or deemed to have been constituted by or under this Act ;
(8) "compost manure" means the pr oduce prepared from dung by
subjecting it to the process of compost making in the manner
prescribed by rules ;
______________________
1. Clause (1) omitted vide Act No. 33 of 2011.
2. Clause (6-a) inserted vide Act No. 33 of 2011.
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(9) "Deputy Commissioner" or "Deputy Commissioners of the
districts" includes Additional Deputy Commissioners, or any
other officer at any time appointed by the State Government to
perform in any district or districts the functions of a Deputy
Commissioner under this Act ;
(10) "Director" means the Director of Urban Local Bodies appointed
by the State Government;
(11) "District" means a revenue district;
(12) "District Planning Committee" means a committee constituted
under article 234 ZD of the Constitution of India and under
section 185 of the Himachal Pradesh Panchayati Raj Act, 1994
(4 of 1994) at the district level to consolidate the plans prepared
by the Panchayats and the municipalities in the district ;
(13) "dry latrine" means a latrine from which the excreta is removed
manually ;
(14) "dung" means night soil, sewage, sullage, sludge, refuse, filth or
rubbish or animal matter of any kind ;
(15) "election" means and includes the entire election process
commencing on and from the date of notification calling for
such election of members and ending with the date of
declaration and notification of results thereof ;
(16) "erect or re-erect any building" includes-
(a) any material alteration or enlargement of any buildings;
(b) the conversion by structural alteration into a place for
human habitation of any building not originally
constructed for human habitation ;
(c) the conversion into more than one place for human
habitation of a building originally constructed at one such
place ;
(d) the conversion of two or more places of human habitation
into a greater number of such places ;
(e) such alterations of a building as effect an alteration of its
drainage or sanitary arrangements, or materially affects
its security ;
(f) the additions of any rooms, buildings, out-houses or other
structures to any building ;
(g) the construction in a wall adjoining any street or land not
belonging to the owner of the wall, of a door opening on
to such street or land.;
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(17) "Executive Officer" means a person, by whatever name called,
appointed under secti on 305 of this Act to discharge the
functions of the Executive Officer in relation to a Municipal
Council and that of Secretary in relation to a Nagar Panchayat ;
(18) "explosive" and "petroleum" have the meanings, assigned to
those words in the Indian Exp losive Act, 1884, (4 of 1984) and
the Petroleum Act, 1934 (30 of 1934), respectively;
(19) "factory" shall have the meaning assigned to it in the Factory
Act, 1948 (63 of 1948);
(20) "infectious disease" means cholera, plague, small -pox,
tuberculosis or su ch other dangerous disease as the State
Government may notify in this behalf.
(21) ―inhabitant‖ include any person ordinarily residing or carrying
on business, or owning or occupying immovable property, in
any municipality; or in any local area which the S tate
Government has by notification under this Act, proposed to
declare to be a municipality; and in case of any dispute; means
any person or persons declare by the Deputy Commissioner to
be inhabitant or inhabitants;
(22) ―municipal council‖ means the mu nicipal council constituted
by or under this Act;
(23) ―municipal area‖ means the territorial area of municipality
notified by the state Government and Include any territorial area
which form part of municipality and commencement of this
Act‘
(24) ―municipality‖ means an institution of Self Government
constituted as a Nagar Panchayat or municipal council under
this Act;
(25) ―Nagar Panchayat‖ means the Nagar Panchayat constituted
under this Act;
(26) ―nuisance‖ includes any act, omission , place or thing w hich
causes is likely to cause injury, danger, annoyance or offence to
the sense of sight, smell or hearing or which is or may be
dangerous to life or injurious to health or property ;
(27) ―occupier‖ include an owner in actual occupation of his own
land or building, and also any person for the time being paying
or liable to pay to the owner the rent or any portion of the rent
of the land or building in respect of which the word is used; for
the proposes of Chapters VI and X, occupier shall include hotel-
keeper, lodging house -keeper, and any owner whose premises
are let to more than one tenant;
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(28) ―Office bearer‖ means in relation to a municipality a member ,
Vice-President or a President of a municipality and in relation
to municipal corporation , a councillor, Mayer or Deputy Mayer
of the Municipal corporation and in relation to a panchayat an
office bearer of panchayat as defined in clause (23) of section 2
of the Himachal Pradesh Panchayti Raj Act, 1994 ‗
(29) ―owner‖ include the person for the time being receiving the rent
of land and buildings, or either of them, whether on his own
account or as agent or trustee for any person or society or for
any religious or charitable purpose, or who would so receive the
same if the land or building were let to tenant;
(30) ―panchayat‖ means an institution of self -government (by
whatever name called) constituted for rural areas under the
Himachal Pradesh Panchayti Raj Act,1994;
(31) ―population‖ means the population as ascertained at the last
preceding census of which the relevant figures has been
published;
(32) ―public place‖ means a place which is open to the use or
enjoyment of the public whether or not private property and
whether or not vested in the municipality;
(33) ―public street‖ shall mean any street ---
(i) heretofore levelled, paved, metalled, channelled, sewered or
repaired out of municipal or other public funds unless before
such work was carried out there was an agreement with the
proprietor that the street should not thereby become a public
street or unless such work was done without the implied or
express consent of proprietor; or
(ii) Which under the provisions of Section 182 is declared by the
municipality to be or under any other provisions of this Act
become, a public street;
1[(33-a) 'ratable value' shall mean,—
(a) In the case of land, the ratable value shall be based upon per
square metre of the actual area of land multiplied by the unit area
rate of tax and relevant factors prescribed for the particular zone
and in the case of building, th e ratable value shall be based upon
per square metre of plinth area multiplied by unit area rate of tax
and relevant factor prescribed for the particular zone;
___________________
1. New Clause (33-a) inserted vide Act No. 33 of 2011.
19
(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 unit area tax, there shall be
five factors i.e (i) locatio n (ii) occupancy (iii) age of building (iv)
use of building and (v) type of structure. Each factor shall have
different value for different zone as may be determined by the
municipality, from time to time; and
(d) the mode for levy, calculation and asses sment of tax as per
provisions of this Act, which relates to the classification, usages of
the buildings, or apportionment of buildings, or vacant land and
open spaces forming part of the land and building shall be
prescribed by bye-laws:
Provided that annual deduction of ten per cent on the ratable value
of building shall be allowed on account of repair and maintenance
expenses necessary for the maintenance of the building and a rebate of ten
percent shall also be allowed on the amount of tax, in case the amount of
tax specified in the bill is paid within fifteen days from the date of receipt
of such bill, however, this rebate shall not be applicable in the case of
defaulters who are in arrear of tax.]
(34) ―rule‖ mean the rule made under this Act;
(35) ―scheduled caste‖ shall have the same meaning as assigned to it
clause (24) of the article 366 of the constitution of India ;
(36) ―scheduled tribe‖ shall have the same meaning as assigned to it
in clause (25) of article 366 of the Constitution of India;
(37) ―State Election C ommission‖ means the State Election
Commission constituted by the State Government under article
243k and 243ZA of the Constitution of India and section 160
of Himachal Pradesh Panchayti Raj Act ,1994;
(38) ―State Finance Commission‖ means the State Finance
Commission constituted by the State Government under article
243-1 and 243-Y of the Constitution of India and section 98 of
Himachal Pradesh Panchayti Raj Act ,1994;
(39) ―street‖ shall mean any road, footway square, court, ally or
passage accessible, whether perm anently or the temporary to
the public, and whether a thoroughfare or not; and shall include
every vacant space , notwithstanding that it may be private
property of partly or wholly obstructed by any gate, posts,
chain or other barrier, if houses, shops or other building abut
20
thereon, and if it is used by any person as a means of access to
or from any public place or thoroughfare, whether such person
be occupiers of such buildings or not, but shall not include any
part of such space which the occupier of an y such space which
the occupier of any such building has a right at all hours to
prevent all other persons from using as aforesaid, and shall
include also the drains or gutters therein, or on either side and
the land, whether covered or not by any pavement, varandah or
other erection, upto the boundary of any abutting property not
accessable to the public;
(40) ―unbuilt area‖ is an area within the municipal limits which is
declared to be such at a special meeting of the municipality by
a resolution confirmed by the State Government, or which is
modified as such by the State Government;
(41) ―vehicle‖ includes bicycle, tricycle and auto motor car and
every wheeled conveyance which is used or capable of being
used on a public street.
CHAPTER - II
CLASSIFICATION OF MUNICIPALITIES AND MUNICIPAL AREA
3. Classification of municipalities. - (1) There shall be constituted
three classes of municipalities in accordance with the provisions of this
section as specified below :-
(i) "Nagar Panchayat" for a transitional area with p opulation
exceeding two thousand and generating annual revenue
exceeding rupees five lakhs for the local administration;
(ii) "Municipal Council" for a smaller urban area with population
exceeding five thousand and generating the annual revenue
exceeding rupees 1[ten] lakhs for the local administration;
(iii) "Municipal Corporation" for a larger urban area with population
exceeding fifty thousand and generating annual revenue
exceeding rupees two crores for the local administration and
which has been declared to be a municipal area under section 3
of the Himachal Pradesh Municipal Corporation Act, 1994 (12
of 1994) :
Provided that a municipality under this section may not be constituted
in such urban areas or part thereof as the State Government may, having
regard to the size of the area and the municipal services being provided or
proposed to be provided by an industrial establishment in that area and such
other factors as it may deem fit, by notification, specify to be an industrial
township:
1. Subs. for the words ―twenty‖ vide Act No. 20 of 2007.
21
Provided furth er that no cantonment or part of a cantonment shall
form part of a municipality.
Explanation.- In this sub -section, " a transitional area", "a smaller
urban area" or "a larger urban area" means such area as the State Government
may, having regard to the po pulation of the area, the density of the
population therein, the revenue generated for local administration, the
percentage of employment in non -agricultural activities, the economic
importance or such other factors as the State Government may deem fit,
specify, by notification for the purpose of this section.
(2) The State Government shall, by notification, constitute the
municipalities and specify the class to which a municipality shall belong in
accordance with the provisions of this section after obser ving the procedure
as laid down in section 4:
Provided that the municipalities existing at the commencement of this
Act and listed as Nagar Panchayat or as Municipal Council in the Schedule
to this Act, would be deemed to have been constituted and notified as such,
under and in accordance with the provisions of this section:
Provided further that the State Government may, after giving a
reasonable notice of not less than thirty days of its intention to do so, amend
the schedule, by notification and declare any Nagar Panchayat as a Municipal
Council or any Municipal Council as a Nagar Panchayat.
4. Procedure for declaring municipal area. - (1) The State
Government may, by notification, propose any local area to be a municipal
area under this Act.
(2) Every su ch notification under sub -section (1) shall define the
limits of the local area to which it relates.
(3) A copy of every notification under this section, with a translation
thereof in such language as the State Government may direct shall be affixed
at some conspicuous place in the office of the Deputy Commissioner, within
whose jurisdiction the local area to which the notification relates lies, and at
one or more conspicuous places in that local area.
(4) The Deputy Commissioner shall certify to the State Government
the date on which the copy and translation were so affixed and the date so
certified shall be deemed to be the date of publication of the notification.
(5) If any inhabitant desires to object to a notification issued under
sub-section (1), he m ay, within six weeks from the date of its publication
submit his objection in writing through the Deputy Commissioner to the
State Government and the State Government shall take his objection into
consideration.
(6) When six weeks from the date of publication have expired, and the
State Government has considered and passed orders on such objections as
22
may have been submitted to it, the State Government may, by notification,
declare the local area for the purposes of this Act, to be a municipal area.
(7) The State Government may, by notification, direct that all or any
of the rules which are in force in any municipal area shall, with such
exceptions and adaptations as may be considered necessary, apply to the
local area declared to be a municipal area under this section, and such rules
shall forthwith apply to such municipal area without further publication.
(8) When a local area, the whole or part of which was a notified area
under the Himachal Pradesh Municipal Act, 1968 (19 of 1968) or a Nagar
Panchayat u nder this Act, is declared to be Municipal Council under this
section, the Municipal Council shall be deemed to be a perpetual successor
of such notified area committee or of Nagar Panchayat, as the case may be,
and in respect of all its rules, bye -laws, t axes, and all other matters,
whatsoever and the Nagar Panchayat shall continue in office and shall
notwithstanding anything contained in this Act be deemed to be the
Municipal Council until the appointment and election of members is notified
by the State Government under section 27.
(9) A municipality shall come into existence on such day as the State
Government may, by notification, appoint in this behalf.
5. Notification of intention to include a local area in a municipal
area.- (1) The State Government may, by notification, and in such other
manner as it may determine, declare its intention to include within a
municipal area any local area in the vicinity of the same and specified in the
notification.
(2) Any inhabitant of a municipal area or local area in respect of
which a notification has been published under sub -section (1) may, if he
objects to the alteration proposed, submit his objection in writing through the
Deputy Commissioner to the State Government within six weeks from the
publication of the notification; and the State Government shall take such
objection into consideration.
(3) When six weeks from the publication of the notification have
expired, and the State Government has considered the objections, if any,
which have been submitted under sub-section (2) the State Government may,
by notification, include the local area in the municipal area.
(4) When any local area has been included in a municipal area under
sub-section (3) of this Act, and, except as the State Government may, by
notification, direct otherwise, all notifications, rules, bye -laws, orders
directions and powers issued, made or conferred under this Act and in force
throughout whole of the municipal area at the time shall apply to such area.
6. Notification of intention to exclud e local area from a municipal
area.- The State Government may, by notification and in such other manner
as it may deem fit, declare its intention to exclude from a municipal area any
local area comprised therein and specified in the notification.
23
7. Exclusion of local area from a municipal area. - (1) Any inhabitant of a
municipal area or local area in respect of which a notification has been published
under section 6 may, if he objects to the exclusion proposed, submit his objection in
writing through the D eputy Commissioner to the State Government within six weeks
from the publication of the notification and the State Government shall take his
objection into consideration.
(2) When six weeks from the publication of the notification have expired
and the Sta te Government has considered the objections, if any, which have been
submitted under sub-section (1), the State Government may, by notification, exclude
the local area from the municipal area.
8. Effect of exclusion of local area from municipal area. - When a
local area is excluded from a municipal area under section 7-
(a) this Act and all notifications, rules, bye -laws, orders, directions
and powers issued, made or conferred under this Act, shall
cease to apply thereto ; and
(b) the State Government shal l after consulting the municipality,
frame a scheme determining what portion of the balance of the
municipal fund and other property vesting in the municipality
shall vest in the State Government and in what manner the
liabilities of the municipality shall be apportioned between the
municipality and the State Government, and, on the scheme
being notified, the property and liabilities shall vest and be
apportioned accordingly.
9. Power to abolish municipal area. - (1) The State Government
may, by notification, abolish any municipal area declared under section 4.
(2) When a notification is issued under this section in respect of any
municipal area, this Act and all notifications, rules, bye -laws, orders
directions and powers issued, made or conferred under this Act shall cease to
apply to the said municipal area; the balance of the municipal fund and all
other property at the time of the issue of the notification vested in the
municipality shall vest in the State Government.
(3) Where any municipal area is ab olished under sub -section (1) and
subsequently the area comprising the municipal area so abolished is declared
to be a Sabha area under sub-section (1) of section 3 of the Himachal Pradesh
Panchayati Raj Act, 1994, the assets and liabilities referred to in sub-section
(2) shall vest in the Gram Panchayat of the Sabha area from the date of its
establishment under section 4 of the Himachal Pradesh Panchayati Raj Act,
1994.
Explanation.- For the purpose of this sub -section, the assets shall
include all arrears of tax, tolls, cesses, rates, dues and fees imposed under
this Act or rule or any bye -law which fell due to the municipality of the
municipal area immediately before the date of its abolition and the same shall
be recoverable by the Gram Panchayat as if these were arrears due to the
Gram Panchayat.
24
CHAPTER -III
MUNICIPALITIES
10. Composition of municipalities. - (1) The municipalities
constituted under section 3 shall consist of such number of elected members
not less than seven as may be determined by t he State Government, by
adopting the criterion that in municipal area having population of :-
1[(i) Not exceeding 6150 .. 7 members
(ii) Exceeding 6150 but not exceeding 12,300 .. 9 members
(iii) exceeding 12,300 but not exceeding 24,600 .. 11 members
(iv) exceeding 24,600 but not exceeding 36,900 .. 13 members
(v) exceeding 36,900 but not exceeding 49,200 .. 15members
(vi) exceeding 49,200 but not exceeding 61,500 .. 17 members
(vii) exceeding 61,500 .. 19 members:]
Provided that the d etermination of the number of members as
aforesaid shall not affect the composition of the municipality until the expiry
of the term of office of the elected members then in office.
2[Provided further that in case of increase or decrease in the number
of wards (seats) in a municipality due to higher or lesser population growth
rate of that municipality than the average population growth rate of the urban
area of the State, as the case may be, in that event existing number of wards
(seats) of that municipality shall be maintained.]
(2) Save as provided in sub -section (3), all seats in that municipality
shall be filled in by persons chosen by direct election and for the purpose of
election, the Deputy Commissioner shall, in accordance with such rules as
may be prescribed by the State Government,-
(a) divide the municipal area into wards in such a manner that-
(i) one member shall be elected from each ward ; and
(ii) as far as possible the population in each ward shall be
equally distributed ;
(b) determine the territorial extent of each ward ; and
(c) determine the ward or wards in which seats are reserved under
section 11.
1 Existing clause (i) to (vii) subs. vide Act No. 28 of 2005.
2 Proviso inserted vide Act No. 28 of 2005.
3. words inserted vide Act 12 of 2010.
4. In section 10 (1) (2) the words ―President, Vice-President and‖ & ―including the President,
Vice-President‖ omitted vide Act 50 of 2013
25 Excerpt shown. Open the full act in Lexace.