Himachal pradesh act 008 of 1997 : Himachal Pradesh Municipal (Amendment) Act, 1997

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Municipal (Amendment) Act, 1997.

(2) it shall and shall be deemed to have come into force on the 10th day of January, 1997.

Section 2. Amendment of section 10

2. Amendment of section 10.- For sub-section (3) of section 10 of the Himachal Pradesh Municipal Act, 1994 (13 of 1994) (hereinafter called the principal Act), the following sub-section shall be substituted, naniely:-

"(3) In a municipality, in addition to persons chosen by direct election under this section, the Members of the State Legislative Assembly, representing constituencies which comprise wholly or partly in municipal area, shall also be the members and the State Government may, by notification, also nominate as members, not more than three persons, having special knowledge or experience of Municipal administration:

Provided that the persons referred to in this sub-section and the Executive Officer in case of Municipal Council and Secretary in the case of Nagar Panchayat, shall have the right to attend all the meetings of the municipality and to take part in discussion therein but shall not have the right to vote."

Section 3. Amendment of section 211

3. Amendment of section 211.- In section 211 of the principal Act, for sub-section (2), the following sub-sections shall be substituted, namely:-

"(2) Where the owner of the building submits the revised plan, after the work has been stopped by him or the work is completed by him and there are deviations from the sanctioned plan, the municipality may, subject to the special or general directions of the State Government under sub-section (3), compound the cases of deviations upto 10 % from the sanctioned plan;

Provided that where the revised plan involves erection of building-

(i) on any Government land or the land vested in a municipality or a local authority; or

(ii) by covering any public mad, street, path or drain; or

(iii) by contravening the provisions of the Himachal Pradesh Roadside Land Control Act, 1968 (21 of 1969);

the municipality shall not compound deviations from the sanctioned plan.

(2-A) Any person aggrieved by the decision of the municipality under sub-section (2), may, within thirty days from the passing of the order by the municipality and in such manner as may be prescribed, appeal to the Deputy Commissioner.

(2-B) Any person aggrieved by the decision of the Deputy Commissioner in appeal under sub-section (2-A), may, within thirty days from the order made by the Deputy Commissioner and in such manner as may be prescribed, appeal to the State Government.

(2-C) The appellate authority may, for reasons to be recorded in writing, allow the appeals to be filed after the expiry of the period of thirty days specified in sub-sections (2-A) and (2-B) and for calculating the period of thirty days under the said sub-sections, the time spent in procuring the certified copies of the orders to be appealed against shall be excluded.

(2-D) Notwithstanding anything contained in sub-sections (2), (2-A) and (2-B), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans,"

Section 4. Repeal of Ordinance No. 2 of 1997

4. Repeal of Ordinance No. 2 of 1997.- (1) The Himachal Pradesh Municipal (Amendment) Ordinance, 1997 is hereby repealed.

(2) Notwithstanding the repeal of the Himachal Pradesh Municipal (Amendment) Ordinance, 1997 anything done or action taken under the said Ordinance shall be deemed to have been taken under the corresponding provisions of this Act.