LexThe Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE SHIMLA ROAD USERS AND PEDESTRIANS (PUBLIC SAFETY
AND CONVENIENCE) ACT, 2007
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Restrictions on the use of vehicles on sealed and restricted roads.
4. Issue of passes.
5. Exemption in certain cases.
6. Application for grant and renewal of a pass for sealed roads and
procedure.
7. Application for grant and renewal of a pass for restricted roads and
procedure.
8. Grant of temporary passes in certain circumstances.
9. Grant of tourist pass.
10. General Conditions.
11. Enforcement of provisions of this Act.
12. Penalties.
13. Summary disposal of cases.
14. Cancellation of passes.
15. Appeal.
16. Utilization of the proceeds of the fee and fines.
17. Power to amend Schedules.
18. Power to relax.
19. Bar of jurisdiction.
20. Removal of difficulties.
21. Power to make rules.
22. Application of other laws not barred.
23. Protection of action taken in good faith.
24. Repeal and savings.
SCHEDULES-I and II.
2
THE SHIMLA ROAD USERS AND PEDESTRIANS (PUBLIC SAFETY
AND CONVENIENCE) ACT, 2007
(ACT NO. 2 OF 2008)1
(Received the assent of the President on the 13th February, 2008 and
was published in Hindi and English in R.H.P. dated 26.2.2008 at pages 12474-
12520)
AN ACT to restore the sanctity of the Shimla Mall Road by preventing its
use as a thoroughfare and to provide for regulation of vehicular
traffic in the interest of public safety and convenience on the
sealed and restricted roads of Shimla town to prevent annoyance
and injury to pedestrians and to provide for matters connected
therewith or incidental thereto.
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 6 of 20102, published in Hindi and English in
R.H.P. dated 20.3.2010, p. 7247-7276.
(ii) H.P. Act No. 22 of 20153 published both in Hindi and English
in R.H.P. dated 20th June, 2015 at p. 1281-1283.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Fifty- eighth Year of the Republic of India as follows:—
1. Short title, extent and commencement.- (1) This Act may be
called the Shimla Road Users and Pedestrians (Public Safety and
Convenience) Act, 2007.
(2) It extends to the Municipal limits of Shimla Town.
(3) It shall come into force at once.
2. Definitions.- (1) In this Act, unless the context otherwise
requires,—
(a) ‘Assistant Commissioner’ means Assistant Commissioner,
appointed by the State Government under section 9 of the
Himachal Pradesh Land Revenue Act, 1953;
(b) ‘Core Mall Road’ means the portion of the Mall Road from
Shimla Club to Central Telegraph Office 4[and Ridge];
(c) ‘Deputy Commissioner’ means the Chief Officer-in-charge of
the general administration of 5[District Shimla];
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons See R.H.P. dated 30.8.2007, p. 4627 & 4652.
2 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons See R.H.P. dated 28.8.2009, p. 3079 & 3095.
3 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 4.4.2015, p. 57 & 58. 4 Ins. vide Act No. 6 of 2010.
5 Subs. for the words “ a District” vide Act No. 6 of 2010.
3
1[(cc) XXXXXXXXXXXXXXXXXXXXXXXXXX]
(d) ‘Divisional Commissioner’ means the Divisional Commissioner
of Shimla Revenue Division;
2[(dd) XXXXXXXXXXXXXXXXXXXXXXXXXX;
(e) XXXXXXXXXXXXXXXXXXXXXXX;
(f) XXXXXXXXXXXXXXXXXXXXXXX];
(g) ‘fund’ means the “Shimla Road Users and Pedestrian
Amenities Fund” established under section 16 of this Act;
(h) ‘Head of Department’ means the authority specified in
Schedule–I to the Delegation of Financial Powers Rules, 1978
and includes such other authority or person as the State
Government may, by order, specify as the Head of a
Department;
(i) ‘Head of Office’ means a Gazetted Officer declared as such
under Rule 14 of the Delegation of Financial Powers Rules,
1978, and includes such other authority or person as the
competent authority may, by order, specify as the Head of
Office;
3[(j) ‘XXXXXXXXXXXXXXXXXXXXXXXXX]
(k) ‘Mall Road’ means the road extending from Chhota Shimla
Chowk to Boileauganj via Oakover, Shimla Club, Metropole
Hotel, the Core Mall Road, Central Telegraph Office, Gorton
Castle and Indian Institute of Advanced Studies;
4[(l) ‘office” means the official or the private work place of the
person;]
(m) ‘pass’ means a pass issued under this Act for driving of a
vehicle on a sealed or restricted road, or both, as the case may
be;
(n) ‘Prescribed’ means prescribed by rules made under this Act;
(o) ‘Public utility vehicles’ means the following vehicles, used or
being used for carrying out essential service:—
(i) Fire fighting vehicles;
(ii) Ambulances and dead body vans;
(iii) Postal Mail vehicles;
1 Clause (cc) deleted vide Act No. 6 of 2010.
2 Clauses (dd) (e) and (f) deleted vide Act No. 6 of 2010. 3 Clause (j) deleted Act No. 6 0f 2010.
4 Clause (l) subs. vide Act No. 6 0f 2010.
4
(iv) Vehicles deployed for maintenance of communications and
other public services and public transport vehicles approved
by Home Department;
(v) Vehicles deployed for maintenance of sanitation, water
supply and other civic services by the Municipal Corporation,
Shimla including official vehicles approved by the Home
Department and to be used by the Municipal Corporation
officers for day-to-day inspection and maintenance of the said
services;
(vi) Heavy vehicles belonging to the Central Public Works
Department, Himachal Pradesh Public Works Department,
Himachal Pradesh State Electricity Board, Irrigation and
Public Health Department and Municipal Corporation Shimla
etc. deployed for execution of any construction or
maintenance activities;
(vii) Official vehicles required for law and order and for protocol
duty 1[XXXXXX] taries by the District Administration,
Shimla and the General Administration Department of the
State Government; and
2[(viii) Security Vehicles provided by the Government for security
personnel for performing security duties;]
(p) ‘restricted road’ means a road specified in Schedule-II;
(q) ‘Schedule’ means a Schedule appended to this Act;
(r) ‘sealed road’ means a road specified in Schedule-I;
(s) ‘State’ means the State of Himachal Pradesh;
(t) State Government’ means the Government of Himachal Pradesh;
3[(u) XXXXXXXXXXXXXXXXXXXXXXXXXXX]
(v) ‘temporary pass’ means a pass issued under section 8 of the Act;
and
(w) ‘tourist pass’ means a pass issued under section 9 of the Act.
(2) All other words and expressions used, but not defined in this Act
and defined in the Motor Vehicles Act, 1988 (59 of 1988), shall have the same
meaning respectively assigned to them in that Act.
3. Restrictions on the use of vehicles on sealed and restricted
roads.- 4[(1) All sealed roads specified in Schedule-I shall be sealed to all
motorized traffic, except the following vehicles, namely:-
1 The words “with High Dignitaries” deleted vide Act No. 6 of 2010.
2 Sub-clause (Viii) subs vide Act No. 6 of 2010. 3 Clause (u) deleted vide Act No. 6 of 2010
4 Section 3(1) and (2) subs. vide Act No. 6 of 2010.
5
(i) official and security vehicles attached with the President of
India, the Vice-President of India, the Prime Minister of India,
the Governor of Himachal Pradesh and the Chief Minister of
Himachal Pradesh:
Provided that no vehicle other than public utility vehicle shall
be permitted to ply on the Core Mall Road, except vehicles of the
President of India, the Vice-President of India, the Prime Minister of
India, the Governor of Himachal Pradesh, the Chief Minister of
Himachal Pradesh and their accompanying official and security
vehicles:
Provided further that vehicles of the President of India, the
Vice-President of India, the Prime Minister of India, the Governor of
Himachal Pradesh, the Chief Minister of Himachal Pradesh and their
accompanying official and security vehicles shall require no pass for
plying on Core Mall Road and all sealed roads;
(ii) official and security vehicles attached with the Speaker of
Himachal Pradesh State Legislative Assembly, Chief Justice of
Himachal Pradesh High Court, Former Chief Ministers of the
State, Ministers of Himachal Pradesh, Chief Parliamentary
Secretaries/Parliamentary Secretaries, Judges of Himachal
Pradesh High Court and Deputy Speaker of the Himachal
Pradesh State Legislative Assembly;
(iii) Members Parliament from Himachal Pradesh, Members of the
Himachal Pradesh State Legislative Assembly, full time
Chairmen and full time Members of Statutory Bodies of
Himachal Pradesh, Chief Secretary to the State Government,
the Advocate General of Himachal Pradesh, Director General of
Police, Himachal Pradesh and General Officer Commanding-in-
Chief, Army Training Command, Shimla for upto 3 sealed
roads:
Provided that a Member of the Legislative Assembly of
Himachal Pradesh who is residing in Metropole shall be permitted to
ply his vehicle on portion of Core Mall Road from Shimla Club to
Meteropole :
Provided further that Member of Parliament (Shimla
Constituency) Member of the Legislative Assembly of Himachal
Pradesh (Shimla Constituency) and Mayor, Municipal Corporation,
Shimla shall be permitted to ply vehicles on all sealed roads;
(iv) public utility vehicles as deemed necessary in the public interest
by the Secretary (Home) to the State Government;
(v) other vehicles, as deemed necessary in the public interest or on
the grounds of functional requirement by the Secretary (Home)
to the State Government, for upto one sealed road, provided in
6
case for approaching residence there is garage or parking
facility; and
(vi) vehicles holding a valid temporary pass issued under section 8
of this Act:
Provided further that the Secretary (Home) may, from time to
time, impose restrictions on the maximum width (wheel base) of a
vehicle for any sealed road in the interest of public safety and
convenience so as to prevent hindrance to cross movement of traffic.
(2) All restricted roads specified in Schedule-II shall be closed to all
motorized traffic, except the following vehicles, namely:-
(i) official and security vehicles attached with the President of
India, the Vice-President of India, the Prime Minister of India,
the Governor of Himachal Pradesh and the Chief Minister of
Himachal Pradesh:
Provided that vehicles of President of India, Vice President of
India, Prime Minister of India, Governor of Himachal Pradesh and
Chief Minister of Himachal Pradesh and their accompanying official
and security vehicles shall require no pass for plying on all restricted
roads;
(ii) official and security vehicles attached with the Speaker of
Himachal Pradesh State Legislative Assembly, Chief Justiceof
Himachal Pradesh High Court, Former Chief Ministers of the
State, Ministers of Himachal Pradesh, Chief Parliamentary
Secretaries/Parliamentary Secretaries, Judges of Himachal
Pradesh High Court and Deputy Speaker of the Himachal
Pradesh State Legislative Assembly;
(iii) Members of Parliament from Himachal Pradesh, Members of
the Himachal Pradesh State Legislative Assembly, full time
Chairmen and full time Members of Statutory Bodies of
Himachal Pradesh, Chief Secretary to the State Government,
Director General of Police, Himachal Pradesh and General
Officer Commanding-in-Chief, Army Training Command,
Shimla for upto 4 restricted roads:
Provided that Member of Parliament (Shimla Constituency),
Member of the Legislative Assembly of Himachal Pradesh (Shimla
Constituency) and Mayor, Municipal Corporation, Shimla shall be
permitted to ply vehicles on all restricted roads;
(iv) public utility vehicles as deemed necessary in the public interest
by the Secretary (Home) to the State Government;
(v) other vehicles, as deemed necessary in the public interest or on
the grounds of functional requirement by the Deputy
Commissioner, for upto three restricted roads, provided in case
for approaching residence there is garage or parking facility:
7
Provided that in cases where pass is required both for sealed
and restricted roads, only Home Department shall have the powers to
issue the same;
(vi) one private vehicle owned by a State Level Press Correspondent
accredited by the Accreditation Committee of the State
Government, for not more than three such roads;
(vii) upto two vehicles in respect of a hotel or other boarding place,
not approachable from any other road, in order to carry guests
from designated parking places or paid parking lots; provided
that the vehicle is owned or leased by the hotel or boarding
place for a period of not less than three months;
(viii) Vehicles holding a valid temporary pass issued under section 8
of the Act; and
(ix) Vehicles holding a valid tourist pass issued under section 9 of
the Act.]
4. Issue of Passes.- (1) Vehicles shall be allowed to use roads
specified in Schedule-I or II on grant of a ‘pass’ 1[by the concerned
authorities] in the manner provided in this Act, subject to restrictions specified
under section 3 and on general conditions specified under section 10 of the
Act:
Provided that no vehicle shall be granted a pass unless it has a valid
‘Pollution under Control Certificate’ issued by the concerned authority.
(2) The pass shall be granted to provide access to residence or to an
2[office in the public interest and shall be for only that] sealed or restricted
road that is reasonably required to access the nearest other road:
3[Provided that mere fact that residence or office is located on a sealed
or restricted road shall not entitle a person for grant of a pass.]
(3) Where the maximum number of passes has been fixed for a
restricted road, preference may be given to,—
(a) senior citizens and permanently disabled; and
(b) those with garages/parking places / drive ways or other regular
parking arrangement.
(4) Not more than one pass shall be issued per family or residence on
the grounds of residence on a sealed or restricted road, and the mere fact that
the residence or official work place is on a sealed or restricted road shall not
entitle the grant of a pass.
1 Subs. for the words “by the State Government” vide Act No. 6 of 2010.
2 Subs. for the words “an official work place in the public interest and shall be for
only that portion of the” vide Act No. 6 of 2010.
3 Proviso ins. vide Act No. 6 of 2010.
8
5. Exemption in certain cases.- No pass shall be required to drive a
motor vehicle between 11.00 PM and 7.00 AM on a restricted road:
Provided that Government in order to prevent annoyance or danger to
vehicles and pedestrians may impose such reasonable restrictions (including
declaration of roads as one way or no traffic roads for specified times of the
day) in respect of any sealed or restricted road as may be necessary having
regard to the circumstances of a particular sealed or restricted road.
6. Application for grant and renewal of a pass for sealed road and
procedure.- (1) Application for grant of a pass for driving a vehicle on a
sealed road shall be made in such form as may be specified by notification,
and shall be addressed to the Under Secretary (Home) to the State
Government .
1[Provided that in the case of Speaker, Deputy Speaker or Members of
the Himachal Pradesh Legislative Assembly, an application for grant or
renewal of a pass for plying of a vehicle on a sealed road shall be addressed to
the Secretary, Himachal Pradesh Legislative Assembly, who shall be
competent to grant or renewal the pass:
Provided further that in the case of the Members of Parliament from
Himachal Pradesh, the application for grant or renewal of a pass for plying a
vehicle on a sealed road shall be made to the Home Department by a person
duly authorized by them:
Provided further that in the case of the Mayor, the Deputy Mayor or
the Councillors, Municipal Corporation, Shimla, the application for grant or
renewal of a pass for plying a vehicle on a sealed road shall be addressed to
the Commissioner, Municipal Corporation, Shimla, who shall forward the
same to the Home Department.]
2[(2) A non-refundable fee of Rs.100/- for private vehicles shall be
charged for processing of a case for a pass for plying of a vehicle on a sealed
road.
(3) A fee of Rs.2500/- shall be charged for grant of a pass for a
private vehicle per road, per annum:
Provided that one private vehicle registered in the name of the
Member of Himachal Pradesh Legislative Assembly shall be deemed to be
official vehicle for the purpose of sub-sections (2) and (3), in case such
Member has no official vehicle.]
(4) The pass for driving a vehicle on a sealed road may be renewed
annually by the Home Department 3[or by the Secretary, Himachal Pradesh
Legislative Assembly, as the case may be,] on payment of a fee as provided in
sub-section (3) and in case the applicant does not make an application for
renewal before the expiry of its validity period, the pass shall stand lapsed:
1 Subs. for the existing proviso vide Act No. 6 of 2010. 2. Sub-sections (2) and (3) subs. vide Act No. 6 of 2010.
3 Ins. vide Act No. 6 of 2010.
9
Provided that if the applicant proves that there were sufficient reasons
for not making an application for renewal in time, the pass may be renewed on
payment of fee as provided in sub-section (3) along with late fee of Rs. 200
per month or part thereof.
(5) The application for grant or renewal of a pass for an official
vehicle shall be accompanied by the following documents, namely:—
1[(a) A certificate of deployment of a official vehicle or public utility
vehicle from the Secretary (General Administration
Department) to the State Government or the Head of the office,
as the case may be;]
(b) Self certification (where applicable) by the applicant to the effect
that the office/residence is on a sealed road and is not
approachable from any of the restricted or any other roads;
(c) Proof of payment of the processing fee in case of a new
application and a photocopy of the previous pass in case of
renewal of a pass;
(d) Copy of a valid ‘Pollution under Control’ Certificate issued by the
concerned authority; and
(e) Such other documents as may be specified, by notification:
2[Provided that in respect of official vehicles of the State
Government, the application shall be made by an authorized officer of
the General Administration Department, except in cases of Judges of
the High Court of Himachal Pradesh in respect of which the Registrar
General or an officer authorized in this behalf, shall make an
application:
Provided further that in respect of official vehicles of the Central
Government, Autonomous Bodies, Statutory Boards or Corporations,
the application shall be made by their authorized officer.]
(6) The application for grant or renewal of a pass for a private vehicle
shall be accompanied by the following documents, namely:—
(a) Attested photocopy of the Registration Certificate of the vehicle in
proof that the applicant is the owner of the vehicle;
(b) Self certified proof (where applicable) of residence 3[or office] of
the applicant on the sealed road;
(c) Certificate (where applicable) from the duly authorized officer of
the office of the Deputy Commissioner, Shimla to the effect that
the residence on the sealed road is not approachable from any
1 Clause (a) subs. vide ibid. 2. Proviso subs. vide Act No. 6 of 2010.
3 Ins. vide Act No. 6 of 2010.
10
other road and that the applicant has his own garage or has a
parking facility;
(d) Proof of payment of processing fee in case of a new application,
and a photocopy of the previous pass in case of renewal of a pass;
(e) Copy of a valid ‘Pollution under Control’ Certificate issued by the
concerned authority; and
(f) Such other documents as may be specified, by notification.
(7) All applications shall be acknowledged, registered and processed
under the provisions of this Act and the rules made thereunder.
(8) A pass for a sealed road shall be issued, in such form as may be
specified by notification, under the signatures and seal of an officer not below
the rank of Under Secretary (Home) to the State Government 1[or the
Secretary, Himachal Pradesh Legislative Assembly, as the case may be,] on
payment of fee as provided in sub-section (3) and the pass shall have a distinct
colour and shape, as may be determined by the Home Department from time
to time; and the pass shall be displayed on wind screen of the vehicle:
Provided that if the pass is issued in respect of more than one sealed
road, a consolidated pass may be issued on payment of fee as provided in sub-
section (3), in such form, as may be specified by a notification.
7. Application for grant and renewal of a pass for restricted roads
and procedure.- (1) An application for grant of a pass for driving a vehicle
on a restricted road shall be made, in such form as may be specified by
notification, addressed to the 2[Deputy Commissioner:]
3[Provided that in the case of the Speaker, Deputy Speaker or
Members of the Himachal Pradesh Legislative Assembly, an application for
grant or renewal of a pass for plying a vehicle on a restricted road shall be
addressed to the Secretary, Himachal Pradesh Legislative Assembly, who
shall be competent to grant or renew the pass:
Provided further that in the case of the Members of Parliament from
Himachal Pradesh, the application for grant or renewal of a pass for plying a
vehicle on a restricted road shall be made to the Home Department by a
person duly authorized by them:
Provided further that in the case of the Mayor, the Deputy Mayor or
the Councilors, Municipal Corporation, Shimla, the application for grant or
renewal of a pass for plying a vehicle on a restricted road shall be addressed to
the Commissioner, Municipal Corporation, Shimla, who shall forward the
same to Deputy Commissioner:
1 Ins. vide ibid.
2. Subs. for the words “Under Secretary (Home) to the State Government” vide Act
No. 6 of 2010.
3 Subs. vide ibid.
11
Provided further that all cases where pass is required both for sealed
and restricted roads, the application for grant of a pass shall be made, in such
form as may be specified by a notification and addressed to the Under
Secretary(Home) to the State Government.]
1[(2) A non-refundable fee of Rs.100/- for private vehicles shall be
charged for processing of a case for a pass for plying a vehicle on a restricted
road:
Provided that one private vehicle registered in the name of the
Member of Himachal Pradesh Legislative Assembly shall be deemed to be
official vehicle for the purposes of sub-section (2 ) of section 7, in case such
Member has no official vehicle.
(3) A fee of Rs.1000/- shall be charged for grant of a pass for a
private vehicle per road per annum:
Provided that one private vehicle registered in the name of the
Member of Himachal Pradesh Legislative Assembly shall be deemed to be
official vehicle for the purpose of sub-section (3) of section 7, in case such
Member has no official vehicle.]
(4) The pass for driving a vehicle on a restricted road may be renewed
annually by the 2[concerned issuing authority] on payment of the fee as
provided in sub-section (3) and in case the application for renewal is not made
by the applicant before the expiry of its validity period, the pass shall stand
lapsed:
Provided that if the applicant proves that there were sufficient reasons
for not making an application for renewal in time, the pass may be renewed on
payment of fee as provided in sub-section (3) along with a late fee of Rs. 200
per month or part thereof.
(5) The application for grant or renewal of a pass for a restricted road
for an official vehicle shall be accompanied by the following documents,
namely:—
3[(a) A certificate of deployment of official vehicle or public utility
vehicle from the Secretary (General Administration
Department) to the State Government or the Head of the Office,
as the case may be;]
(b) Self-Certification (where applicable) by the Secretary (General
Administration Department) or the Head of the Office to the
effect that the office or residence is on a sealed or restricted
road, as the case may be, and is not approachable from any of
the restricted or any other roads;
1 Subs. sections (2) and (3) subs. vide ibid.
2 Subs. for the words and sign “issuing authority or by Assistant Commissioner to
Divisional Commissioner, Shimla if so authorized,” vide Act No. 6 of 2010.
3 Clause (a) subs. vide Act No. 6 of 2010.
12
(c) Proof of payment of processing fee in case of a new application
and a photocopy of the previous pass in case of renewal of a
pass;
(d) Copy of a valid ‘Pollution under Control’ Certificate issued by
the concerned authority; and
(e) Such other documents as may be specified, by notification:
1[Provided that in respect of official vehicles of the State Government,
the application shall be made by an authorized officer of the General
Administration Department, except in cases of Judges of the High Court of
Himachal Pradesh in respect of which the Registrar General or an officer
authorized in this behalf, shall make an application:
Provided further that in respect of official vehicles of the Central
Government, Autonomous Bodies, Statutory Boards or Corporations, the
application shall be made by their authorized officer]
(6) The application for grant or renewal of a pass for a restricted road
for a private vehicle shall be accompanied by the following documents,
namely:-—
(a) Attested photocopy of the Registration Certificate of the vehicle
in proof that the applicant is the owner of the vehicle;
(b) Self Certified proof (where applicable) of residence 2[or office] of
the applicant on sealed or restricted road, as the case may be;
(c) Certificate (where applicable) from the duly authorized officer of
the office of the Deputy Commissioner, Shimla to the effect that
the residence on the sealed or restricted road, as the case may be,
is not approachable from any other road and that the applicant has
his own garage or has a facility of a regular parking place;
(d) Proof of payment of processing fee in case of a new application,
and a photocopy of the previous pass in case of renewal of a pass;
(e) Copy of a valid ‘Pollution under Control’ Certificate issued by the
concerned authority; and
(f) Such other documents as may be specified, by notification.
(7) All applications shall be acknowledged, registered and processed
under the provisions of this Act.
(8) A pass for a restricted road shall be issued, in such form as may be
specified by notification, under the signatures and seal of 3[concerned issuing
authority] on payment of fee as provided in sub-section (3) and the pass shall
have a distinct colour and shape, as may be determined by the Home
1. Subs. vide Act No. 6 of 2010.
2. Ins. vide Act No. 6 of 2010. 3 Ins. an officer not below the rank of Under Secretary (Home) to the State
Government or Assistant Commissioner vide Act No. 6 of 2010.
13
Department from time to time; and shall be displayed on the wind screen of
the vehicle:
Provided that if the pass is issued in respect of more than one
restricted road, a consolidated pass shall be issued on payment of fee as
provided in sub-section (3) in such form as may be specified by notification.
8. Grant of temporary passes in certain circumstances. 1[(1) A
temporary pass may be issued on such conditions as may be specified in the
pass, in the public interest for a sealed road, to the official vehicles deployed
for official function at a venue approachable only by sealed road and such
venue is not approachable from a restricted road or any other road, as the case
may be.]
(2) A Temporary pass may also be issued to a public utility vehicle
whose plying on such sealed roads is in the public interest, on such terms and
conditions as may be specified in the pass.
(3) A temporary pass for a sealed road may be issued on payment of
fee of Rs. 200 per day per vehicle for maximum period of seven days, on
application made to the Under Secretary (Home) to the State Government 2[or
the Secretary, Himachal Pradesh Legislative Assembly, as the case may be,]
in such form as may be specified by notification, at least 2 days in advance
with supporting documents, and the pass shall be issued in such form as may
be specified by a notification issued from time to time, under the signatures
and seal of an officer not below the rank of the Under Secretary (Home) to the
State Government; and the said pass shall have a distinct colour and shape, as
determined by the Home Department from time to time; and the same shall be
displayed on the wind screen of the vehicle:
Provided that if the pass is issued for more than one sealed road, a
consolidated pass shall be issued on payment of fee as provided in sub-section
(3) of section 6 in such form as may be specified by notification.
(4) A temporary pass for a restricted road may be issued on payment
of a fee of Rs.100 per day, for a maximum period of 7 days, on an application
made to the 3[Deputy Commission, Shimla] in such form as may be specified
by notification, with reasons in support thereof, subject to the condition that
the plying of the vehicle is not likely to cause danger or annoyance to
pedestrians; and the said pass shall have a distinct colour and shape, as
determined by the Home Department from time to time and the same shall be
displayed on the wind screen of the vehicle:
Provided that if the pass is issued for more than one restricted road, a
consolidated pass shall be issued on payment of fee as provided in sub-section
(3) in such form as may be specified by notification.
1 Sub-section (1) subs. vide ibid.
2 Ins. vide Act No. 6 of 2010. 3 Subs. for the words and brackets “Under Secretary (Home) to the State
Government” vide Act No. 6 of 2010.
14
(5) Temporary passes for sealed and restricted roads for the purpose
of shooting of films or for any commercial or entertainment purpose may be
granted by the Secretary (Home) to the State Government for a maximum
period of 7 days on payment of a fee of Rs.3000 per day per 1[private] vehicle
upto a maximum of 10 vehicles:
Provided that in order to avoid danger or annoyance to pedestrians,
conditions may be imposed while granting a pass, in relation to the hours of
its validity and parking restrictions.
2[(6) The application for issue of temporary passes under this section
may be made by an authorized officer of the concerned Department.]
9. Grant of tourist pass.- (1) A tourist visiting Shimla Town may
apply for a restricted road tourist pass at such tourist facilitation centres as
may be specified by 3[the Deputy Commissioner] from time to time.
(2) A tourist pass may be issued, on such conditions as may be
specified in the pass on payment of fee of Rs. 100/- per day per vehicle per
restricted road for a maximum period of 7 days subject to the condition that
the plying of vehicle is not likely to cause danger or annoyance to pedestrians.
(3) The pass shall have a distinct colour and shape, as may be
determined by the Home Department from time to time and the tourist pass
shall be displayed on window screen of the vehicle:
Provided that if a tourist pass is issued for more than one restricted
road, a consolidated pass shall be issued on payment of fee as provided in sub-
section (3), in such form as may be specified by a notification:
Provided further that the State Government may in the public interest
regulate the number of tourist permits on the restricted roads for which such
permit can be issued.
10. General conditions.- Save as otherwise provided in this Act,
passes shall be granted on the following general terms and conditions, which
may be modified by the State Government, by notification:—
(a) Vehicles shall not ply on the sealed or restricted roads at a speed
of more than 20 K.M. per hour and the pass of a vehicle detected
violating the speed limit shall be liable to be cancelled;
(b) Persons granted sealed or restricted road passes shall park their
vehicles in private premises or at permitted parking places only
and in a manner so as not to cause annoyance or danger to other
vehicles and pedestrians and passes of vehicles found
unauthorizedly or dangerously parked along sealed or restricted
roads shall be liable to be cancelled;
1 Ins. vide ibid. 2 Sub-section (6) subs. vide ivid.
3. Subs. for the words “Home Department by a notification” vide Act No. 6 of 2010.
15
(c) Mere holding of a sealed or restricted road pass by a vehicle owner
shall not in any manner confer any right of parking a vehicle on
any of the said roads;
(d) Vehicles shall not be parked on sealed or restricted roads except at
permitted parking places and paid parking lots;
(e) Vehicles granted sealed road passes shall ply only when the person
in favour of whom the pass is granted or his spouse is seated in
the vehicle or in case the vehicle is a chauffeur driven vehicle,
plying in order to pickup the pass holder or spouse;
(f) Valid passes shall be pasted to the wind screen of the vehicle and
the pass holder shall slow down or stop the vehicle at check
points on the sealed or restricted roads to enable traffic police to
inspect the pass;
(g) Passes shall be used only on the permitted road and only during
validity period;
(h) Expired passes shall not be displayed; and
(i) Misuse of pass shall entail cancellation of all or any valid passes of
the pass holder.
11. Enforcement of provisions of this Act.- The Deputy
Commissioner, Shimla and Superintendent of Police, Shimla shall ensure,—
(a) Provision of signages at entry points and other conspicuous places
on all sealed and restricted roads indicating the name of the road
and the relevant provisions of this Act;
(b) Deployment of sufficient traffic police, specially at peak hours in
order to enforce the provisions of this Act;
(c) Placement of Barriers at the entry and exit and other strategic
points on sealed roads to ensure that vehicles do not use such
roads as thoroughfares or drive at high speed; and
(d) On the spot-checking, at frequent intervals, of the vehicles plying
on the sealed or restricted roads, by an Executive Magistrate or
Police Officer not below the rank of 1[Assistant Sub-Inspector].
12. Penalties.- (1) Whoever contravenes any of the terms and
conditions of the pass, shall be punishable with a fine of Rs. 2000 or undergo
simple imprisonment of 10 days in default thereof:
Provided that each such offence may be compounded on the spot by a
Police Officer in uniform not below the rank of 2[Assistant Sub-Inspector] for
a compounding fee of Rs. 1000.
1 Subs. for the words and sign “Sub-Inspector” vide Act No. 22 of 2015.
2 Subs. for the words and sign “Sub-Inspector” vide Act No. 22 of 2015.
16
(2) Subject to sub-section (1), whoever contravenes any of the
provisions of this Act, shall be punishable with a fine of Rs. 3000 or undergo
simple imprisonment of 15 days, in default thereof:
Provided that a police officer in uniform not below the rank of
1[Assistant Sub-Inspector] may compound the offence on the spot for a
compounding fee of Rs. 1500.
(3) If any person fails to pay the compounding fee, the Registration
Certificate of the vehicle shall be impounded along with the Driving License
of such person and the case shall be forwarded to the Judicial Magistrate,
having jurisdiction.
13. Summary disposal of cases. (1) The Judicial Magistrate taking
cognizance of any offence under this Act, shall state upon the summons to be
served on the accused person that he—
(a) may appear by pleader or in person; or
(b) may, by specified date prior to the hearing of the charge, plead
guilty to the charge and remit to the Court, by money order, the fine specified
for the offence, and the plea of the guilt indicated in the money order coupon
itself.
(2) If the offence is not compounded, within 15 days of the
commission of offence, as provided under section 12 of this Act, the police
officer in uniform shall present the complaint along with conviction slip in the
court of Chief Judicial Magistrate or the Judicial Magistrate, having
jurisdiction, who shall, thereafter, within 30 days of the commission of
offence, proceed further under sub-section (1).
(3) The Court after having convicted the accused person of an offence
under this Act, shall send the conviction slip to the District Magistrate
concerned for taking further necessary action.
14. Cancellation of passes.- (1) If a pass holder is detected violating
the terms and conditions of a pass, in addition to any penalty provided under
section 12, the Secretary(Home) to the State Government may cancel the pass:
Provided that no such order of cancellation shall be passed without
affording a reasonable opportunity of being heard.
(2) The Deputy Commissioner, Shimla and Superintendent of Police,
Shimla, shall intimate the detection of any infringement of this Act, by a pass
holder, which makes a pass liable for cancellation, to the Home Department.
(3) A person whose pass has been cancelled for violation of terms and
conditions of the pass shall not be eligible for grant of any pass in his name or
in the name of any family member for the same vehicle within one year from
the date of the cancellation order.
1 Subs. for the words and sign “Sub-Inspector” vide Act No. 22 of 2015.
17
15. Appeal.- (1) An appeal against the order of the Judicial
Magistrate may be made to the Sessions Judge having jurisdiction, within 30
days from the date of the said order.
(2) An appeal against cancellation of a pass may be made to the
Additional Chief Secretary (Home) or the Principal Secretary (Home) to the
State Government, as the case may be, within 15 days from the date of the
cancellation order.
16. Utilization of the proceeds of the fee and fines.-- (1) With
effect from such date, as the State Government may, by notification in the
Official Gazette, appoint, there shall be established for the purposes of this
Act, a fund to be called “the Shimla Road Users and Pedestrians Amenities
Fund”.
(2) The fund shall be under the control of the State Government and
there shall be credited thereto any sums of money as may be provided by the
State Government for carrying out the purpose of this Act, and the balance to
the credit of the fund shall not lapse at the end of the financial year.
(3) The Home Department shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts in such manner
as may be prescribed.
(4) The fund shall be used for the development of pedestrian
amenities along sealed and restricted roads, improvement of pedestrian safety,
development of convenient parking places with concessional rates for
residents, access control and monitoring equipment etc., in order to regulate
vehicular movement on sealed and restricted roads and reduce the likelihood
of danger or annoyance to the pedestrians.
(5) A Committee headed by the Divisional Commissioner, Shimla and
comprising of Commissioner, Municipal Corporation, Shimla, Deputy
Commissioner, Shimla and Superintendent of Police Shimla, shall administer
the Fund, and may—
(i) make recommendations on inclusion or deletion of roads from
sealed or restricted roads;
(ii) recommend sites for parking places;
(iii) clear proposals for utilization of moneys credited in the Fund and
monitor progress;
(iv) monitor the enforcement of this Act; and
(v) carryout such other related activities as may be prescribed.
(6) Proceeds of all fees and fines collected under this Act shall be
credited to the Consolidated Fund of the State and shall be appropriated, if the
State Legislature by law so provides, to the fund in such manner as may be
prescribed, for being utilized exclusively for the purpose of the Act.
(7) The fund shall be audited by the Examiner of the local audit
Department.
18
17. Power to amend Schedules. - The State Government may, from
time to time, by notification in the Official Gazette, add to or delete from
Schedule-I or Schedule-II any of the roads specified therein and thereupon the
said Schedule shall stand amended accordingly.
18. Powers to relax.- The State Government may, in the public
interest, relax any of the provisions of this Act, for any class of persons or in
respect of any road included in Schedules-I and II, for reasons to be recorded
in writing, for a period not exceeding seven days at a time:
Provided that no such relaxation shall be made in respect of the Core
Mall Road.
19. Bar of jurisdiction.- No civil court shall have any jurisdiction or
power to entertain or decide questions relating to matters falling under this
Act.
20. Removal of difficulties.- If any difficulty arises in giving effect to
the provisions of this Act, the State Government may , by order published in
the Official Gazette, make such provisions, not inconsistent with the
provisions of this Act as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made after the expiry of one year
of the coming into force of this Act.
21. Power to make rules.- (1) The State Government may, by
notification, make rules consistent with this Act for carrying out the
provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be
after it is made, before the Legislative Assembly while it is in session, for a
total period of not less than ten days which may be comprised in one session
or in two or more successive sessions and if before expiry of the sessions in
which it is so laid or the sessions aforesaid, the Assembly makes any
modification in the rule or decides that the rule should not be made, the rule
shall, thereafter, have effect only in such modified form or be of no effect, as
the case may be, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
22. Application of other laws not barred.-The provisions of this
Act shall be in addition to and not in derogation of, the provisions of any other
laws for the time being in force.
23. Protection of action taken in good faith.- No suit, prosecution or
other legal proceedings shall lie against any officer of the State Government
for anything which is in good faith done or intended to be done under this Act
or the rules made thereunder.
24. Repeal and savings.- (1) The policy guidelines to regulate traffic
on sealed and restricted roads issued vide Home Department endorsement
number Home-C(E)-2-1/2000, dated the 20th December, 2003 and any other
19
guidelines, notifications or orders issued in this behalf, from time to time, are
hereby repealed.
(2) Notwithstanding such repeal, any action taken or anything done
under the policy guidelines, notifications or orders so repealed, shall be
deemed to have been done or taken under the corresponding provisions of this
Act.
SCHEDULE-I
(See sections 2 and 3)
LIST OF SEALED ROADS
Road Code Name of road
1 2
1[S-1 Chhota Shimla Chowk to Shimla Club (Mall Road)]
2[ S-2. From lower bifurcation of Indira Gandhi Hospital to Lakkar
Bazar.]
3[S-3. From Jodha Niwas to Ritz.
S-4. From Hotel White to Regal Cinema.
S-5. Kennedy House Chowk to Gorton Castle (Mall Road).]
4[S-6 State Bank of India Chowk to Central Telegraph Office (Mall
Road)]
5(XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
6[S-7. Scandal Point to Kalibari.]
7[S-8 U.S. Club interjunction to Comber mere Bridge (Mall Road)]
1 . Road code S-1 deleted and again added vide Not. No. Home-C(A)3-3/2006-Bill,
dated 15th October, 2008, published in R.H.P. dated 16.10.2008, p. 4268-4269. 2.Excerpt shown. Open the full act in Lexace.