Himachal Pradesh Town and Country Planning (Amendment) Act, 1983*
| [Himachal Pradesh Act No. 1 of 1984]1 | [23rd January, 1984] |
An Act further to amend the Himachal Pradesh Town and Country/Planning Act, 1977 (Act No. 12 of 1977)
Be it enacted by the Himachal Pradesh Legislative Assembly in the Thirty-fourth Year of the Republic of India as follows:-
1. For statement of Objects and Powers of Extra., dated 24th December 1993 Page 1273.
* Received the assent of the Governor, Himachal Pradesh on the 23rd January, 1984 and was published in R.H.P. (Extra.), dated the 28th January, 1984 at page 119-120
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Town and Country Planning (Amendment) Act, 1983.
(2) It shall be deemed to have come into force on the twentieth day of October, 1983.
2. Amendment of section 42.- For the opening word "Every" occurring in section A2 of the Himachal Pradesh Town and Country Planning Act, 1977 (112 of 1977) (hereinafter called the principal Act) the words, figures, alphabet and sign "Save as provided in section 42-A, every" shall be substitutes.
3. Insertion of section 42-A.- After section 42 of the principal Act the following new section 42-A, along with its heading, shall be inserted, namely:-
"42-A. Constitution of Town and Country Development Authority for the capital town of Himachal Pradesh.- (1) Notwithstanding anything to the contrary contained in section 42, the Town and Country Development Authority for the capital town of Himachal Pradesh shall consist of the Chairman, Vice-Chairman and eight other members to be appointed by the State Government.
(2) The Chief Minister and the Minister-in-charge of Town and Country Planning, shall be the ex officio Chairman and Vice-Chairman of the Town and Country Development Authority constituted under sub-section (1) and for the discharge of their duties as such they shall not be entitled to any emoluments and in relation to them the provisions contained in section 13, sub-section (3) of section 44, section 45 and section 46 will not operate:
Provided that during the period of any proclamation issued under Article 356 of the Constitution of India, the Governor may, by notification, appoint any person to act as the Chairman and the Vice-Chairman of the Development Authority constituted under this section and the persons so appointed shall exercise the powers vested in them and perform the functions assigned to thorn under the Act during the period the said proclamation issued under Article 356 continues to be in force and the provisions contained in sections 43, 44(3), 45 find 46 shall apply to them.
(3) in the absence of the Chairman, the Vice-Chairman shall preside over the meetings of the Town and Country Development Authority constituted under this section and shall, in relation thereto, exercise such powers and perform such functions as the Chairman may assign to him."
4. Amendment of section 48.- For the word "Secretary" occurring in sub-section (1) of section 48 of the principal Act, the word "Member-Secretary" shall be substituted.
5. Amendment of section 65.- After the word "Government" occurring for the second time in section 65 of the principal Act, the words "or other Financial institutions" shall be Inserted.
6. Repeal and savings.- (1) The Himachal Pradesh Town and Country Planning (Amendment) Ordinance, 1983 (5 of 1983) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done, or taken under the corresponding provisions of this Act, as if this Act had come into force on the day on which such thing was done or action was taken.