The Himachal Pradesh Municipality Disclosure Act, 2009
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH MUNICIPALITY DISCLOSURE ACT,
2009
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and extent.
2. Definitions.
3. Obligation of municipality.
4. Manner of disclosure of information.
5. Power to make rules.
SCHEDULE.
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THE HIMACHAL PRADESH MUNICIPALITY DISCLOSURE ACT,
2009
(ACT NO. 11 of 2009) 1
(Received the assent of the Governor on the 27 th March, 2009 and was
published both in Hindi and English in the Rajpatra , Himachal Pradesh, dated
31 st March, 2009, pp. 8772-8777).
An Act to provide for transparency and accountabili ty in the functioning
of municipalities in the State of Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixtieth Year of the Republic of India as follows:-
1. Short title and extent.- (1) This Act may be called the Himachal
Pradesh Municipality Disclosure Act, 2009.
(2) It extends to all the municipalities in the Sta te of Himachal
Pradesh.
2. Definitions .- In this Act, unless the context otherwise requires,—
(a) “assets” means all immovable properties vested in a
municipality;
(b) “municipality” shall have the meaning assigned to it under
clause (33) of section 2 of the Himachal Pradesh Mu nicipal
Corporation Act, 1994 (12 of 1994);
(c) “prescribed” means prescribed by rules made un der this Act;
and
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh date d 28 th February, 2009, pp.
7948 and 7954.
2 THE HIMACHAL PRADESH MUNICIPALITY DISCLOSURE ACT , 2009
(d) “Schedule” means Schedule appended to this Act .
3. Obligation of the municipality .- (1) Every municipality shall
maintain and publish its records duly catalogued an d indexed in such manner
and in such form as may be prescribed.
(2) It shall be the duty of every municipality to d isclose the required
information as specified in the Schedule after the end of each quarter.
4. Manner of disclosure of information.- The required information
shall be disclosed in such manner as may be prescribed which may include,-
(i) regional news paper in Hindi and English which has wide
circulation in the area;
(ii) internet;
(iii) notice boards of the municipality; and
(iv) any other mode as may be prescribed.
5. Power to make rules.- ( 1) The State Government may, by
notification, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid, a s soon as may be
after it is made, before the State Legislative Assembly.
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SCHEDULE
[See section 3 (2)]
PART-A
(i) Particulars of the municipality;
(ii) A Statement of the boards, councils, committee s and other
bodies consisting of two or more person constituted as its part
for the purpose of its advice, and as to whether me etings of
those boards, councils, committees and other bodies are open to
the public or the minutes of such meetings are acce ssible for
public;
(iii) A directory of its officers and employees; an d
(iv) The particulars of officers who grant concess ions, permits or
authorizations for each activity;
PART-B
(i) Audited financial statements of Balance Sheet, Receipt and
Expenditure, and Cash Flow on a quarterly basis, wi thin two
months of the end of each quarter; and statutorily audited
financial statements for the full financial year, w ithin three
months of the end of the financial year;
THE HIMACHAL PRADESH MUNICIPALITY DISCLOSURE ACT, 2009 3
(ii) The service levels being provided for each of the services
being undertaken by the municipality;
(iii) Particulars of all plans, proposed expenditu re, actual
expenditure on major services provided or activitie s
performed and reports on disbursements made;
(iv) Details of subsidy programmes on major servic es provided or
activities performed by the municipality, and manne r and
criteria of identification of beneficiaries for suc h
programmes;
(v) Particulars of the Master plan, City Developmen t Plan or any
other Plan concerning the development of the municipal area;
(vi) The particulars of major works, as may be pre scribed,
together with information on the value of works, ti me of
completion, and details of contract;
(vii) The details of the municipal funds i.e., inc ome generated in
the previous year which includes,-
(a) taxes, duties, cess and surcharge, rent from t he
properties, fees from licenses and permissions;
(b) taxes, duties cess and surcharge, rent from th e
properties, fees from licenses and permissions that
remain uncollected and the reasons thereof;
(c) share of taxes levied by the State Government and
transferred to municipality and the grants released to
the municipality;
(d) Grants released by the State Government for
implementation of the schemes, projects and plans
assigned or entrusted to the municipality and the n ature
and extent of utilization; and
(e) Money raised through donation or contribution from
public or non governmental agencies;
(viii) Annual budget allocated to each ward; and
(ix) Such other information as may be prescribed.
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