Preamble
Himachal Pradesh Municipal Corporation (Amendment) Act, 1997*
| [Himachal Pradesh Act No. 3 of 1998]1 | [7th February, 1998] |
An Act further to amend the Himachal Pradesh Municipal Corporation Act, 1994 (Act No. 12 of 1994).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-eighth Year of the Republic of India, as follows:-
Preamble
Himachal Pradesh Municipal Corporation (Amendment) Act, 1997*
| [Himachal Pradesh Act No. 7 of 1997]1 | [18th April, 1997] |
An Act further to amend the Himachal Pradesh Municipal Corporation Act, 1994 (12 of 1994).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-eighth Year of the Republic of India, as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Municipal Corporation (Amendment) Act, 1997.
(2) It shall come into Force with immediate effect.
Section 2. Amendment of section 36
2. Amendment of section 36.- In section 36 of the Himachal Pradesh Municipal Corporation Act, 1994,-
(a) in the marginal heading, for the words "Annual election", the word "Election" shall be substituted;
(b) in sub-section (1),-
(i) for the words "every year" the words and figure "every 2½ years" shall be substituted;
(ii) in first proviso, the words "during the duration of the Corporation" shall be omitted;
(c) in sub-section (2), for the words "one year", the figure and word "2 ½ years" shall be substituted.
Section 3. Retrospective operation to amendments under section 2
3. Retrospective operation to amendments under section 2.- The amendments made by section 2 of this Act, shall be deemed to have come into operation with effect from the 2nd day of June, 1997, i.e. the day on which the existing Municipal Corporation of Shimla was constituted and its Mayor shall be deemed to have been elected under the amended provisions, as if the office of the Mayor was to be filled up out of the Councillors belonging to unreserved category.
Section 4. Repeal of Ordinance No. 1 of 1997
4. Repeal of Ordinance No. 1 of 1997.- (1) The Himachal Pradesh Municipal Corporation (Amendment) Ordinance, 1997, is hereby repealed.
(2) Notwithstanding the repeal of the Himachal Pradesh Municipal Corporation (Amendment) Ordinance, 1997, anything done or action taken under ???
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Municipal Corporation (Amendment) Act, 1997.
(2) It shall and shall be deemed to have come into force on the 10th day of January, 1997.
Section 3. Amendment of section 254
3. Amendment of section 254.- In section 254 of the principal Act, for sub-section (5), the following sub-sections shall be substituted, namely:-
"(5) 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 Commissioner may, subject to the special or general directions of the State Government under section 255, 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 road, street, path or drain; or
(iii) by contravening the provisions of the Himachal Pradesh Roadside Land Control Act, 1968 (21 of 1969);
the Commissioner shall not compound deviations from the sanctioned plan.
(5-A) Any person aggrieved by the decision of the Commissioner under sub-section (5), may, within thirty days from the passing of the order by the Commissioner and in such manner as may be prescribed, appeal to the Divisional Commissioner.
(5-B) Any person aggrieved by the decision of the Divisional Commissioner in appeal under sub-section (5-A), may, within thirty days from the order made by the Divisional Commissioner and in such manner as may be prescribed, appeal to the State Government.
(5-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 (5-A) and (5-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.
(5-D) Notwithstanding anything contained in sub-sections (5), (5-A) and (5-B), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans.".
Section 2. Amendment of section 4
2. Amendment of section 4.- For sub-section (3) of section 4 of the Himachal Pradesh Municipal Corporation Act, 1994 (2 of 1994) (hereinafter called the principal Act), the following sub-section shall be substituted, namely:-
"(3) In the Corporation, 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 Councillors and the State Government may, by notification, also nominate as Councillors, not more than three persons having special knowledge or experience of Municipal administration:
Provided that the persons nominated under this sub-section shall not have the right to vote in the meeting of the Corporation."