LexThe Himachal Pradesh Municipal Corporation Act, 1994
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT,
1994
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
CONSTITUTION OF CORPORATION
3. Declaration of municipal area as Corporation.
4. Incorporation and constitution of Corporation.
5. Duration of Corporation.
6. Delimitation of wards.
7. Qualifications for Councillors.
8. Disqualifications of Councillors.
9. Election to the Corporation.
10. Reservation of seats of Councillors.
11. Right to vote.
12. Filling of casual vacancies.
13. Publication of results of elections.
13-A Account of election expenses and maximum thereof.
13-B. Lodging of accounts.
14. Election petitions.
14-A. Parties to the Petition.
15. Relief that may be claimed by the petitioner.
16. Grounds for declaring election to be void.
17. Procedure to be followed by the prescribed authority.
18. Decision of prescribed authority.
19. Procedure in case of equality of votes.
20. Finality of decision.
21. Corrupt practices.
2 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
22. Maintenance of secrecy of voting.
23. Officers etc. at elections not to act for candidates or to
influence voting.
24. Prohibition of canvassing in or near polling station and of
public meeting on election day.
25. Penalty for disorderly conduct in or near polling station.
26. Penalty for misconduct at the polling station.
27. Breaches of official duty in connection with election.
28. Removal of ballot papers from polling station to be an offence.
29. Offence of booth capturing.
30. Other offences and penalties.
31. Power to make rules regulating the election Mayor, Deputy
Mayor and Councillors.
32. Bar to interference by Courts in electoral matters.
33. Oath or affirmation by Councillor.
34. Removal of and resignation by Councillors.
35. Payment of allowances to Councillors.
36. Annual election of Mayor, Deputy Mayor and their term of
office.
37. Motion of no confidence against Mayor or Deputy Mayor.
38. Discharge of functions of the Mayor or Deputy Mayor.
39. Resignation of Mayor and Deputy Mayor.
40. Standing Committees.
CHAPTER-III
FUNCTIONS OF THE CORPORATION
41. General powers of Corporation.
42. Functions of Corporation to be entrusted by the Government.
43. Obligatory functions of Corporation.
44. Discretionary functions of the Corporation.
CHAPTER-IV
MUNICIPAL AUTHORITIES UNDER THE
CORPORATION
45. Appointment of Commissioner.
46. Appointment of Joint/Assistant Commissioner and certain
other officers.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 3
47. Salary and Allowances of Commissioners.
48. Leave etc. to Commissioner.
49. Contribution by Corporation.
50. Functions of the Commissioner.
51. Power of the Corporation to require Commissioner to produce
documents and furnish returns, reports etc.
52. Exercise of powers to be subject to sanction.
CHAPTER-V
MUNICIPAL AUTHORITIES UNDER THE
CORPORATION
53. Meetings.
54. First meeting of the Corporation after general elections for
election of Mayor.
55. Notice of meetings and business.
56. Quorum.
57. Presiding Officer.
58. Method of deciding question.
59. Maintenance of order at, and admission of public to meetings
withdrawal and suspension of Councillors.
60. Mayor, Deputy Mayor and Councillors not to vote on matter in
which he is interested.
61. Right to attend meetings of Corporation and its committees
etc. and right of Councillor to ask questions in relation to the
administration of municipal area.
62. Power to make regulations.
63. Keeping of minutes and proceedings.
64. Circulation of minutes and inspection of minutes and reports
of proceedings.
65. Forwarding minutes and reports of proceeding to the
Government.
66. Validation of proceedings etc.
CHAPTER-VI
CORPORATION OFFICERS AND OTHER
CORPORATION EMPLOYEES
67. Posts in Corporation and appointments thereto.
68. Officers and other employees not to be interested in any
4 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
contract etc. with Corporation.
CHAPTER - VII
REVENUE AND EXPENDITURE
69. Constitution of Corporation fund.
70. Corporation fund to be kept in State Bank of India or in a
Schedule Bank or in a Government Treasury.
71. Operation of accounts with banks.
72. Payment not to be made unless covered by a budget grant.
73. Duty of persons signing cheques.
74. Procedure when money not covered by a budget grant is
expended.
75. Application of Corporation Fund.
76. Payments from Corporation Fund for works urgently required
for public service.
77. Investment of surplus money.
78. Constitution of special funds.
79. Finance Commission.
80. Budget estimates.
81. Power of Corporation to alter budget estimates.
82. Power of Corporation to re-adjust income and expenditure
during the year.
83. Provisions as to unexpended budget grant.
CHAPTER-VIII
TAXES AND FEES
84. Taxes etc. to be imposed by Corporation under this Act and
arrangement of certain taxes collected by Government.
85. Fees and user charges.
86. Rates of tax on lands and buildings.
87. XXXXXXXXXXXXXX.
88. Determination of rateable value of lands and buildings
assessable to taxes
89. Taxation of union properties.
90. Incidence of taxes on lands and buildings.
91. XXXXXXXXXXXXXXXXXXXX
92. Recovery of taxes on lands and buildings from occupiers.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 5
93. Taxes on lands and buildings a first charge on premises on
which they are assessed.
94. Assessment list.
95. Evidentiary value of assessment list.
96. Amendment of assessment list.
97. Preparation of new assessment list.
98. Notice of transfers.
99. Notice of erection of building etc.
100. Notice of demolition or removal of building.
101. Power of Commissioner to call for information.
102. XXXXXXXXXXXXXXXXX.
103. Assessment in case of amalgamation of premises.
104. Power of Commissioner to assess separately out houses
portion of buildings.
105. Power of Commissioner to employ valuers.
106. Recovery of tolls or taxes.
107. XXXXXXXXXXXXXXXXXX
108. XXXXXXXXXXXXXXXXXX
109. XXXXXXXXXXXXXXXXXX
110. XXXXXXXXXXXXXXXXXX
111. XXXXXXXXXXXXXXXXXX
112. XXXXXXXXXXXXXXXXXX
113. XXXXXXXXXXXXXXXXXX
114. XXXXXXXXXXXXXXXXXX.
115. Tax on advertisements.
116. Prohibition on advertisement without written permission of
Commissioner.
117. Permission of Commissioner to become void in certain cases.
118. Presumption in case of contravention.
119. Power of Commissioner in case of contravention.
120. XXXXXXXXXXXXXXXXXXX
121. Time and manner of payment of taxes or fees.
122. Presentation of bill of tax or fee.
123. Consequences of failure to pay tax or fee within thirty days.
6 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
124. Manner of recovering tax or fee.
125. Power of seizure of vehicles and animals in case of non-
payment’s of tax thereon.
126. Demolition etc. of building.
127. Remission or refund of tax on lands and buildings.
128. Power to require entry in assessment list of details of
buildings.
129. Notice to be given of circumstances in which remission or
refund is claimed.
130. What building etc. are to be deemed vacant.
131. Notice to be given of every occupation of vacant land or
building.
132. Appeal against assessment etc.
133. Conditions of rights to appeal.
134. Finality of appellate orders.
135. Taxation not to be questioned except under this Act.
136. Power to inspect for purposes of determining the rateable
value or tax or fee.
137. Composition.
138. Irrecoverable debts.
139. Obligation to disclose liability.
140. Power to amend list in certain cases.
141. Immaterial error not to affect liability.
142. Power of exemption.
143. Power of Government in regard to taxes.
CHAPTER-IX
BORROWING
144. Power of Corporation to borrow.
145. Time for repayment of money borrowed under section 144.
146. Form and effect of debentures.
147. Receipt by joint holders for the interest or dividend.
148. Maintenance and investment of sinking fund.
149. Application of sinking fund.
150. Annual statement by Commissioner.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 7
151. Priority of payment for interest and repayment of loans over
other payment.
152. Attachment of Corporation Fund for recovery of money
borrowed from Government.
153. Power to make regulations.
154. Property vested in Corporation and management of public
institutions.
CHAPTER-X
PROPERTIES AND CONTRACTS
155. Acquisition of immovable property by agreement.
156. Procedure when immovable property cannot be acquired by
agreement.
157. Disposal of property.
158. Contracts by Corporation.
159. Procedure for making contracts.
160. Mode of executing contracts.
CHAPTER-XI
ACCOUNTS AND AUDIT
161. Maintenance of accounts.
162. Report by audit agency.
163. Action by Commissioner on the report.
164. Procedure to be followed by audit agency.
165. Power of auditor to make queries etc. and call for returns etc.
CHAPTER-XII
WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL
166. Definitions.
167. Power to require Corporation to carry out surveys and
formulate proposals.
168. Power to construct additional works.
169. Functions in relation to water supply.
170. Supply of water to connected premises.
171. Power to supply water for non-domestic purposes.
172. Making connection with municipal water works.
173. Obligation of owner or occupier to give notice of waste of
water.
8 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
174. Cutting of supply to premises.
175. New premises no to be occupied without arrangement for
water supply.
176. Public gratuitous water supply.
177. Power to lay mains.
178. Power to lay service pipes etc.
179. Provision of fire hydrants.
180. Power to enter premises to detect waste or misuse of water.
181. Power to test water fittings.
182. Power to close or restrict use of water from polluted source of
supply.
183. Water pipes etc. not to be placed where water will be polluted
184. Joint and several liability of owners and occupiers for offence
in relation to water supply.
185. Public drains etc. to vest in Corporation.
186. Control of drains and sewage disposal works.
187. Certain matters not to be passed into municipal drains.
188. Application by owners and occupiers to drain into municipal
drains.
189. Drainage of untrained premises.
190. New premises not to be erected without drainage.
191. Power to drain group or block of premises by combined
operations.
192. Power of Commissioner to close or limit the use of private
drain in certain cases.
193. Use of drain by a person other than owner.
194. Sewage and rain water drains to be distinct.
195. Powers of Commissioner to require owner to carry out certain
works for satisfactory drainage
196. Appointment of places for the emptying of drains and disposal
of sewage.
197. Connection with water works and drains not to be made
without permission.
198. Buildings, railways and private streets not to be erected or
constructed over drains or water works without permission.
199. Rights of user of property for aqueducts, lines etc.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 9
200. Power of owner of premises to place pipes and drains through
land belonging to other persons.
201. Railway administration to be informed in certain cases.
202. Power of Commissioner to execute work after giving notice to
the person liable to do so.
203. Power of Commissioner to affix shafts etc. for ventilation of
drain or, cesspool.
204. Power of Commissioner to examine and test drain etc. believed
to be defective.
205. Employment of Government agencies for repairs etc.
206. Work to be done by licensed plumber.
207. Prohibition of certain acts.
CHAPTER-XIII
STREETS
208. Vesting of public streets in Corporation.
209. Functions of Commissioner in respect of public streets.
210. Disposal of land forming site of public streets permanently
closed.
211. Power to make new public streets.
212. Minimum width of new public streets.
213. Power to prohibit use of public streets for certain kinds of
traffic.
214. Power to acquire land and buildings for public streets and for
public parking places.
215. Defining regular lines of streets.
216. Setting back of buildings to regular line of street.
127. Compulsory setting back of building to regular line of street.
218. Acquisition of open land and land occupied by platforms etc.
within the regular line of street.
219. Acquisition of remaining part of building and land after their
portions within regular line of street have been acquired.
220. Setting forward of building to regular line of street.
221. Compensation to be paid in certain cases of setting back or
setting forward of buildings, etc.
222. Owners obligation when dealing with land or building sites.
223. Layout plans.
10 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
224. Alteration or demolition of street made in breach of section
223.
225. Power of Commissioner to order work to be carried out or to
carry it himself in default.
226. Declaration of public streets.
227. Prohibition of projection upon street etc.
228. Projection over streets may be permitted in certain cases.
229. Ground floor door etc. not to open outwards on streets.
230. Prohibition of structures, fixtures or deposit of things in
streets.
231. Special provision regarding streets belonging to Government.
232. Power to remove anything deposited or exposed for sale in
contravention of this Act.
233. Prohibition of tethering of animals and milking of cattle.
234. Precautions during repairs of street etc.
235. Streets not to be opened or broken up and building materials
not to be deposited thereon without permission.
236. Disposal of things removed under this chapter.
237. Naming and numbering of streets.
238. Commissioner to take steps for repairing or enclosing places.
239. Measures for lighting.
240. Prohibition of removal, etc. of lamps.
CHAPTER-XIV
BUILDING REGULATIONS
241. Definitions.
242. Prohibition of erection of building without sanction.
243. Erection of building.
244. Applications for additions to, or repairs of building.
245. Condition of valid notice.
246. Sanction or refusal of building or work.
247. When building or work may be proceeded with.
248. Sanction accorded under misrepresentation.
249. Buildings at corners of streets.
250. Provisions as to buildings and works on either side of new
streets.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 11
251. Period for completion of building or work.
252. Prohibition against use of inflammable materials for buildings
etc., without permission.
253. Order of demolition and stoppage of building and works in
certain cases and appeal.
254. Order of stoppage of building or works in certain cases.
254-A. Power to seal unauthorized development or construction.
255. Power of State Government to give directions for
compounding deviations from sanctioned plan.
256. Power of Commissioner to require alteration of work.
257. Completion certificate.
258. Restriction on user of buildings and removal of dangerous
buildings.
259. Power to order building to be vacated in certain circumstances
260. Building scheme.
CHAPTER-XV
SANITATION AND PUBLIC HEALTH
261. Provision for daily cleansing of streets and removal of rubbish
and filth.
262. Rubbish etc. to be property of Corporation.
263. Provision for placement of receptacles, depots and places for
rubbish etc.
264. Duty of owners and occupiers to collect and deposit rubbish
etc.
265. Removal of rubbish etc. accumulated on premises used as
factories, workshops etc.
266. Prohibition against accumulation of rubbish etc.
267. Commissioner's power to get premises scavenged and
cleansed.
268. Public latrines, urinals etc.
269. Construction of latrines and urinals.
270. Latrines and urinals etc., in new buildings.
271. Latrines and urinal for labourers etc.
272. Provision of latrines and urinals for markets etc.
273. Other provisions as to private latrines.
274. Removal of congested building.
12 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
275. Power of Commissioner to require improvement of buildings
unfit for human habitation.
276. Enforcement of notice requiring execution of works of
improvement.
277. Power of Commissioner to order demolition of buildings unfit
for human habitation
278. Insanitary huts and sheds.
279. Prohibition against washing by washerman.
280. Obligation to give information of dangerous disease.
281. Removal of patient to hospital suffering from dangerous
disease.
282. Disinfection of buildings and articles.
283. Destruction of infections huts or sheds.
284. Means of disinfection.
285. Special measures in case of out-break of dangerous or
epidemic diseases.
286. Infected clothes not to be sent to washerman or to laundry.
287. Contamination and disinfection of public conveyances.-
288. Driver of conveyance not bound to carry persons suffering
from dangerous disease.
289. Disinfection of buildings before letting the same.
290. Disposal of infected articles without disinfection.
291. Prohibition of making or selling of food, etc, or washing of
clothes by infected persons.
292. Power to restrict or prohibit sale of food or drink.
293. Control over wells and tanks etc.
294. Duty of persons suffering from dangerous diseases.
295. Disposal of infectious corpse, where any person has died from
any dangerous disease.
296. Conditions of service of Safai Karamcharis and certain other
classes of persons employed in Corporation services.
297. Power to call for information regarding burning or burial
ground.
298. Permission for use of new burning or burial ground.
299. Power to require closing of burning and burial grounds.
300. Removal of corpses.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 13
301. Disposal of dead animals.
CHAPTER-XVI
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
302. Prohibition of nuisances.
303. Power of Commissioner to require removal or abatement of
nuisance.
304. Registration and control of dogs.
305. Staking or collecting inflammable materials.
306. Care of naked lights.
307. Discharging fireworks, fire arms etc.
308. Power to require buildings, wells, etc. to be rendered safe.
309. Enclosure of waste land used for improper purposes.
CHAPTER-XVII
EXTINCTION AND PREVENTION OF FIRE
310. Establishment and maintenance of fire brigade.
311. Power of members of fire-brigades and other persons for
suppression of fire.
312. Limitation on operation of this Chapter.
CHAPTER-XVIII
MARKETS, SLAUGHTER HOUSES, TRADES AND
OCCUPATIONS
313. Provision of municipal markets and slaughter houses.
314. Use of municipal markets.
315. Private markets and slaughter houses.
316. Conditions of grant of license for private market.
317. Prohibition of keeping markets open without licence etc.
318. Prohibition of use of unlicensed market.
319. Prohibition of business and trade.
320. Levy of stallages, rents and fees.
321. Stallages, rents, etc. to be published.
322. Butcher's, fishmonger's and poulterer's licence.
323. Factory etc. not to be established without permission of
Commissioner.
324. Premises not to be used for certain purposes without licence.
14 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
324-A. Registration of cattle and maintenance of their record.
325. Seizure of certain animals.
326. Power of the Commissioner to prevent use of premises in
particular area for purposes referred section 324.
327. Licences for hawking articles etc.
328. Eating houses etc. not to be used without licence from
Commissioner.
329. Licencing and control of theatre, circuses and places of public
amusement.
330. Power of Commissioner to stop use of premises used in
contravention of licences.
331. Power of Commissioner to inspect places where unlawful
slaughter of animals etc. is suspected.
CHAPTER-XIX
IMPROVEMENT
332. Improvement scheme.
333. Matters to be provided for in an improvement scheme.
334. Submission of improvement scheme to the Corporation for
approval and to the Government for sanction.
335. Publication of the notice after scheme is sanctioned.
336. Rehousing scheme.
337. Improvement scheme and rehousing scheme to comply with
master plan and zonal development plan.
338. Provision of housing accommodation for the economically
weaker sections.
CHAPTER-XX
REGULATION OF FELLING AND PLANTING TREES
339. Prohibiting felling, cutting, damaging, destroying any tree in
any urban area.
340. Constitution of Tree Authority.
341. Meeting of Tree Authority.
342. Duties of Tree Authority.
343. Appointment of Tree Officer.
344. Application for permission for cutting/felling or removal of a
tree.
345. Permission for felling of tree.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 15
346. Planting of adequate number of trees.
347. Planting in place of fallen/destroyed trees.
348. Responsibilities for preservation of trees.
349. The recovery of expenditure on failure to comply with orders
for planting of trees.
350. Appeals.
351. Seizure.
352. Penalty.
353. Compounding of offences.
354. Operation of other laws not barred.
355. Power to make rules.
CHAPTER-XXI
POWERS, PROCEDURE, OFFENCES AND PENALTIES
356. Signature, conditions, duration, suspension, revocation, etc. of
licences and written permissions.
357. Power of entry and inspection.
358. Power to enter land, adjoining land in relation to any work.
359. Breaking into building.
360. Time of making entry.
361. Consent ordinarily to be obtained.
362. Regard to be had to social or religious usages.
363. Prohibition of obstruction or molestration in execution of
work.
364. Public notices how to be made known.
365. Newspaper in which advertisement of notices to be published.
366. Proof of consent etc. of Commissioner etc.
367. Notices, etc. to fix reasonable time.
368. Signature on notices etc., may be stamped.
369. Notice etc. by whom to be served or issued.
370. Service of notices, etc.
371. Power in case of non-compliance with notice, etc.
372. Liability of occupier to pay in default of owner.
373. Execution of work by occupier in default of owner and
deduction of expenses from rent.
16 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
374. Relief to agents and trustees.
375. General power to pay compensation.
376. Compensation to be paid by offenders for damage caused by
them.
377. Mode of recovery of certain dues.
378. Right of owner to apply to court of the District Judge in case
of obstruction by occupier.
379. General powers and procedure of the court of District Judge
380. Fees in proceeding before court of the District Judge.
381. Repayment of half fees on settlement before hearing.
382. Power on the court of District Judge to delegate certain powers
and to make rules.
383. Punishment for certain offences.
384. General.
385. Offences by Companies.
386. Police establishments.
387. Arrest of offenders.
388. Power to institute legal proceedings etc. and obtain legal
advice.
389. Prosecution.
390. Composition of offences.
391. Protection or action of the Corporation etc.
392. Notice to be given of suits.
CHAPTER-XXII
RULES, REGULATIONS AND BYE-LAWS
393. Supplemental provisions respecting rules.
394. Supplemental provisions respecting regulations.
395. Powers to make bye-laws.
369. Penalty for breaches of bye-laws.
397. Supplemental Provisions respecting bye-laws.
398. Bye-laws to be available for inspection and purchase.
CHAPTER-XXIII
CONTROL
399. Power of Government to require production of documents.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 17
400. Inspection.
401. Power to give directions.
402. Power to provide for enforcement of direction under section
401.
402-A. Power to review.
403. Power of revision.
404. Dissolution of Corporation.
CHAPTER-XXIV
MISCELLANEOUS
405. Delegation.
406. Validity of notices and other documents.
407. Admissibility of document or entry as evidence.
408. Evidence of Corporation Officer or employee.
409. Prohibition against obstruction of Mayor or any Corporation
authority etc.
410. Prohibition against removal of mark.
411. Prohibition against removal or obliteration of notice.
412. Prohibition against unauthorised removal of deposit etc.
413. Liability of Mayor, Deputy Mayor and Councillors.
414. Councillor and Corporation Officers and employees to be
public servants.
415. Annual Administration report.
416. Construction of reference.
417. Special provisions as to rural areas.
418. Power to suspend any resolution or order of Corporation.
419. Power of Government to modify proceedings.
420. Power of Government to withdraw any area of Municipal area,
from operation of Act.
421. District Planning Committees.
422. Transitional provisions.
423. Provisions regarding officers and employees.
424. Assets, liabilities, debts obligation, contracts and pending
proceedings.
425. Provision for municipality or local authority which is
superseded or dissolved.
18 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
426. Power to enquire and make report about misconduct of certain
officer or officials.
427. Power to remove difficulties.
428. Repeal of Act No. 9 of 1980.
429. Repeal of Ordinance No. 3 of 1994.
FIRST SCHEDULE
SECOND SCHEDULE
_______
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT,
1994
(ACT NO. 12 OF 1994)1
(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-
1. H.P. Act No. 12 of 19952 assented to by the Governor on the
21st November, 1995, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd
November, 1995, pp. 4641-4646, effective from 1st August,
1995.
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
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 10th
February, 1998, pp. 625-628.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
19th September, 1994, pp. 2931 and 3106.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
27th September, 1995, pp. 3899 and 3902.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
25th March, 1997, pp. 983 and 986.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
12th December, 1997, pp. 4702 and 4704.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 19
4. H.P. Act No. 2 of 20021 assented to by the Governor on the 4th
February, 2002, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11th
February, 2002, pp. 4105-4108, effective from 14th December,
2001.
5. H.P. Act No. 5 of 20022 assented to by the Governor on the 4th
February, 2002, published both in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 11th February, 2002, pp. 4119-
4140.
6. H.P. Act No. 6 of 20033 assented to by the Governor on the 1st
August, 2003, published both in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 2nd August, 2003, pp. 1085-
1090, effective from 24th May, 2003.
7. H.P. Act No. 4 of 20054 assented to by the Governor on 23rd
January 2005, published both in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 24th January, 2005, pp. 3557-
3562, effective from 26th October, 2004.
8. H.P. Act No. 29 of 20055 assented to by the Governor on the
28th September, 2005, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th
September, 2005, pp. 3309-3312.
9. H.P. Act No. 3 of 20076 assented to by the Governor on 7th
February, 2007, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 13th
February, 2007, pp. 11261-11264, effective from 16th
November, 2006.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
21st December, 2001, pp. 3652 and 3654.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
20th December, 2001, pp. 3635 and 3647.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
18th July, 2003, pp. 779 and 783.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
22nd December, 2004, pp. 2867 and 2871.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
9th August, 2005, pp. 2234 and 2237.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
27th December, 2006, pp. 9190 and 9193.
20 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
10. H.P. Act No. 19 of 20071 assented o by the Governor on 26th
September, 2007, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 29th
September, 2007, pp. 6152-6156.
11. H.P. Act No. 9 of 20082 assented to by the Governor on the
16th May, 2008, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 22nd May, 2008, pp. 1094-
1096.
12. H.P. Act No. 11 of 20103 assented to by the Governor on 25th
May, 2010, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 28th May, 2010, pp. 905-
921.
13. H.P. Act No. 32 of 20114 assented to by the Governor on the
29th July 2011, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 2nd August, 2011, pp. 2053-
2063. Act came into a force from 20th February, 2012 vide
Notification No. UD-A(3) 6/2010, dated 16th February, 2012,
published in Rajpatra, Himachal Pradesh, dated 17th February,
20012, pp. 5873-5874.
14. H.P. Act No. 4 of 20125 assented to by the Governor on the
18th January, 2012, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 28th January, 2012. pp.
5325-5326.
15. H.P. Act No. 48 of 20136 assented to by the Governor on the
20th September, 2013, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 26th September, 2013,
pp. 3856-3862, effective from 27th July, 2013.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
7th September, 2007, pp.4987-4988 and 4997-4998.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
11th April, 2008, pp. 246 and 249.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
22nd April, 2010, pp. 381 and 390.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 11th April, 2011,
pp. 265-266 and 271-272.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 22nd December,
2011, p.4734 and 4736.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 27th August,
2013, pp. 2969 and 2973.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 21
16. H.P. Act No. 13 of 20161 assented to by the Governor on the
19th September, 2016, published both in Hindi and English in
Rajpatra, Himachal Pradesh on the 27th September, 2016, pp.
4606-4630.
17. H.P. Act No. 5 of 20172 assented to by the Governor on the
7th March, 2017, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 15th March, 2017,
pp.8259-8260, effective from 4th October, 2016.
An Act to consolidate, amend and replace the law relating to the
establishment of Municipal Corporations for certain Municipal
areas in the State of Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
Forty-fifth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.- (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 30thday
of May, 1994.
2. Definitions.- 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
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 1st September,
2016, pp. 4195-4196 and 4207-4208. Act came into force from. 30th September,
2016 vide Notification No. UD-A(3)-2/2010-I, dated 30th September, 2016,
published in the Rajpatra, Himachal Pradesh dated 1st October, 2016, p. 4773.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 29th December,
2016, pp. 6219-6220 and 6221-6222.
22 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
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-law made under this Act, by
notification in the Official Gazette;
(5) "Commissioner" means the Commissioner of the Corporation,
appointed by the State Government;
(6) "Corporation" means the Municipal Corporation declared and
constituted under sections 3 and 4 of this Act;
(7) "corrupt practice" means any of the practices specified in
section 21;
(8) "casual vacancy" means a vacancy occurring otherwise than
by efflux of time in the office of a Councillor or in any other
elective office;
1[(8-a) “cattle” means domestic animals and includes elephants,
camels, buffaloes, cows, oxen, horses, mares, geldings,
ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep,
lambs, goats and kids;]
(9) "dangerous disease" means-
(a) cholera, plague, chicken-pox, small-pox, tuberculosis,
leprosy, enteric fever, cerebrospinal meningitis and
diphtheria; and
(b) any other epidemic, endemic or infectious disease which
the Commissioner may, by notification, in the Official
Gazette, declare to be dangerous disease for the purposes
of this Act;
(10) "Director" means the Director of Urban Local Bodies
appointed by the Government;
(11) "district" means a district in the State;
(12) "District Judge" means the District Judge having
jurisdiction over the municipal area;
(13) "District Planning Committee" means a committee
constituted 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 and to prepare a draft
development plan for the district as a whole;
1. Clause (8-a) inserted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 23
1[(14) "Divisional Commissioner" means the Commissioner of the
the Davison in which the Corporation is situated and
includes any other Officer appointed by the Government to
perform all or any of the functions of the Divisional
Commissioner under this Act.]
(15) "drain" includes a sewer, a house drain, a drain of any other
description, a tunnel, a culvert, a ditch, a channel and any
other device for carrying of sewage, offensive matter,
polluted water, waste water, rain water or subsoil water;
(16) "dry latrine" means a latrine or privy from where night soil
is removed through manual scavenging;
(17) "entertainment" includes any exhibition, performance,
amusement, game or sport to which persons are ordinarily
admitted on payment;
(18) "factory" means a factory as defined in the Factories Act,
1948 (63 of 1948) ;
(19) "filth" includes offensive matter and sewage;
(20) "Finance Commission" means the Finance Commission
constituted by the State Government under section 98 of the
Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994),
and under articles 243-I and 243-Y of the Constitution of
India;
(21) "goods" includes animals;
(22) "Government" means the Government of the State of
Himachal Pradesh;
(23) "house gully" or "service passage" means a passage or strip
of land constructed, set apart or utilised for the purpose of
serving as or carrying a drain or affording access to a
latrine, urinal, cesspool or other receptacle for filth or other
polluted matter, by Corporation employees or other persons
employed in the cleaning thereof or in the removal of such
matter therefrom;
(24) "hut" means any building which is constructed principally
of wood, bamboo, mud, leaves, grass, cloth or thatch and
includes any structure of whatever material made which the
Corporation may declare to be a hut for the purposes of this
Act;
(25) "land" includes benefits that arise out of land, things
attached to the earth or permanently fastened to anything
1. Sub-section (14) substituted vide H.P. Act No. 5 of 2002 again substituted vide
H.P. Act No. 3 of 2007, effective from 16th November, 2007.
24 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
attached to the earth and rights created by law over
anystreet;
(26) "licensed architect", "licensed draftsman", "licensed
engineer", "licensed plumber", "licensed surveyor" and
"licensed town planner" means respectively a person
licensed under the provision of this Act as an architect,
draftsman, engineer, plumber, surveyor and town planner;
(27) "member" in relation to the Corporation means a Councillor
thereof :
(28) "municipal area" means the territorial area of the
Corporation declared under section 3 of this Act;
(29) "municipal drain" means a drain vested in the Corporation;
(30) "municipal market" means a market vested in or managed
by the Corporation;
(31) "municipal slaughter house" means a slaughter house vested
in or managed by the Corporation;
(32) "municipal water works" means water works vested in the
Corporation;
(33) "municipality" means an institution of self-Government
constituted under section 3 of the Himachal Pradesh
Municipal Act, 1994 (12 of 1994), which may be a Nagar
Panchayat or a Municipal Council or a Municipal
Corporation;
(34) "nuisance" includes any act, omission, place, animal or a
thing which causes or is likely to cause injury, danger,
annoyance or offence to the sense of sight, smell or hearing
or disturbance to rest or sleep, or which is or may be
dangerous to life or injurious to health or property;
(35) "occupier" includes-
(a) any person who for the time being is paying or is liable
to pay to the owner the rent or any portion of the rent of
the land or building in respect of which such rent is paid
or is payable;
(b) an owner in occupation of, or otherwise using his landor
building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for
use and occupation of any land or building;
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 25
(36) "offensive matter" includes animal carcasses, kitchen or
stable refuse, dung, dirt and putrid or putrefying substances,
other than sewage;
(37) "owner" includes a person who for the time being is
receiving or is entitled to receive, the rent of any land or
building whether on his own account or on account of
himself and others or as an agent, trustee, guardian or
receiver for any other person who should so receive the rent
or be entitled to receive it if the land or building or part
thereof were let to a tenant;
(38) "population" means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(39) "premises" means any land or building or part of a building
and includes,-
(a) the garden, ground and out-houses, if any, appertaining
to a building or part of a building; and
(b) any fittings affixed to a building or part of a building
for the more beneficial enjoyment thereof;
(40) "prescribed" means prescribed by rules made under this
Act;
(41) "private street" means any street, which is not a public
street and includes any passage securing access to two or
more places belonging to the same or different owners;
(42) "private market" means a market which is not a municipal
market";
(43) "private slaughter house" means a slaughter house which is
not a municipal slaughter house;
(44) "public place" means any place which is open to the use and
enjoyment of the public, whether it is actually used or
enjoyed by the public or not;
(45) "public securities" means any securities of the Central
Government or a State Government or any securities
guaranteed by the Central Government or a State
Government or any securities issued under this Act;
(46) "public street" means any street which vests in the
Corporation or which under the provisions of this Act
becomes, or is declared to be a public street;
(47) "railway administration" would have the same meaning as
assigned to it in the Indian Railway Act, 1890 (9 of 1890);
26 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994
(48) "rateable value" means the value of any land or building
fixed in accordance with the provisions of this Act and the
bye-laws made thereunder for the purpose of assessment to
property taxes;
(49) "regulation" means a regulation made by the Corporation
under this Act, by notification, in the Official Gazette;
(50) "reside"-
(a) a person shall be deemed to "reside" in any dwelling
house which or some portion of which he sometimes,
although not uninterruptedly uses as a sleeping
apartment; and
(b) a person shall not be deemed to cease to "reside" in
any such dwelling house merely because he is absent
from it or has elsewhere another dwelling house in
which he resides, if there is, liberty of returning to it
at any time, and no abandonment of the intention of
returning to it;
(51) "rubbish" includes ashes, broken bricks, broken glass, dust,
malba, mortar and refuse of any kind which is not filth;
(52) "rural areas" means the part of thExcerpt shown. Open the full act in Lexace.