Himachal Pradesh Town and Country Planning (Amendment) Act, 1995*
| [Himachal Pradesh Act No. 7 of 1995]1 | [25th May, 1995] |
An Act further to amend by the Himanchal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977)
Be it enacted by the Himanchal Pradesh Legislative Assembly in the Forty-sixth Year of the Republic of India as follows:-
1. Passed in Hindi by the Himanchal Pradesh Vidhan, Sabha. For statement of Objects and Reasons see R.H.P. Extra dated 29-1-1955, p. 1373 & 1376.
* Received the assent of the Governor on 25th May, 1995 and was published in Hindi and English in R.H.P. Extra., dated 27th May, 1995 at pages 2237-2238 and 2239-2240
1. Short title.- This Act may be called the Himachal Pradesh Town and Country Planning (Amendment) Act, 1995.
2. Amendment of sections 2, 48, 50, 52 and 64.- In clause (n) of section 2, section 48, section 50, section 52 and section 64 of the Himachal Pradesh Town and Country Planning Act, 1977 (12 of 1977) (hereinafter called the principal Act), for the words "the Chief Executive Officer", the words "the Chief Administrator" shall be substituted.
3. Substitution of section 42.- For section 42 of the principal Act, the following section shall be substituted, namely:-
"42. Constitution of Town and Country Development Authority.- (1) Save as provided in section 42-A, every Town and Country Development Authority shall consist of the Chairman and other members not exceeding twelve to be appointed by the State Government:
Provided that, whenever it is expedient to ensure the efficient performance of the functions assigned to the Town and Country Development Authority, the State Government may appoint one or more persons as its Vice-Chairman and where more than one person is appointed as Vice-Chairman one of them shall be designated as Senior Vice-Chairman:
Provided further that the State Government may, if it considers it necessary so to do, constitute a single member Town and Country Development Authority.
(2) The Chairman, and in the absence of the Chairman the Senior Vice-Chairman, and in the absence of both the Chairman and Senior Vice-Chairman, the Vice-Chairman, shall preside over the meetings of the Town and Country Development Authority constituted under sub-section (1), The Senior Vice-Chairman and Vice-Chairman shall, in relation thereto, exercise such powers and perform such functions as the Chairman may assign to them."
4. Amendment of section 43.- In section 43 of the principal Act-
(a) in sub-sections (1) and (2), after the word "Chairman", the sign and the word "Vice-Chairmen" shall be inserted;
(b) in sub-section (3), after the word "Chairman", the sign "," and the word, "Vice-Chairmen" shall be inserted.
5. Amendment of section 44.- In section 44 of the principal Act-
(a) in sub-section (1), for the words and figure "a member under clause (b) of section 42", the words and figure "a Vice-Chairman or a member under section 42", and for the word "member" occurring for the second time the words "Vice-Chairman or the member, as the case may be", shall be substituted;
(b) in sub-section (2), for the words "any members", the words "any Vice-Chairman or any member" and for the words "a member", the words "a Vice-Chairman or a member, as the case may be" shall be substituted; and
(c) in sub-section (3), after the "the Chairman", the ??? and the words, "Vice-Chairman", shall be added.
6. Substitution of section 45.- For section 45 of the principal Act, the following section shall be substituted, namely:-
"45. Salary and allowance.- (1) The Chairman shall receive such salary and allowances and shall be subject to such terms and condition of service as may be prescribed.
(2) The Senior, Vice-Chairman, Vice-Chairman and members may be paid such allowance as, may be prescribed.
7. Amendment of section 46.- For sub-section, (2) of section 46 of the principal Act, the following sub-section shall be ??? namely:-
"(2) Whenever the office of the ??? vacant, on account of leave under sub-section (1), the Senior Vice-Chairman or whenever the offices of the Senior Vice-Chairman fall vacant, on account of leave, the Vice-Chairman shall act as the Chairman."
8. Amendment of section 87.- After-Clause (xv) of sub-section (2) of section 87 of the principal Act, the following clause (xv-a) shall be added, namely:-
"(xv-a) the rates at which and conditions subject to which, the salary and allowances to be paid to the Chairman, Vice-Chairman and members under section 45".