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The Himachal Pradesh Municipality Disclosure Act, 2009

Himachal Pradesh · state statute
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AUTHORITATIVE ENGLISH TEXT 
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.  
_________ 
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.  
_________ 
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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