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Himachal pradesh act 011 of 1997 : Himachal Pradesh Town and Country Planning (Amendment) Act, 1997

Preamble

Himachal Pradesh Town and Country Planning (Amendment) Act, 1997*

[Himachal Pradesh Act No. 11 of 1997]1[2nd May, 1997]

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 Forty-eighth Year of the Republic of India, as follows:-

1. Passed in Hindi by the Himachal Pradesh Vidhan Sablia. For Statement of Objects and reasons see R.H.P.Extra., dated 9.4.1997, pages 1219 and 1222.

* Received the assent of the Governor on 2nd May, 1997 and was published in Hindi and English in R.H.P. Extra., dated 3-5-1997, pages 1585-1586 and 1587-1588

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Town and Country Planning (Amendment) Act, 1997.

Section 2. Insertion of section 30-A

2. Insertion of section 30-A.- After section 30 of the Himachal Pradesh Town and Country Planning Act, 1997 (hereinafter called the principal Act), the following section 30-A shall be inserted, namely:-

"30-A. Construction of farm-houses.- Notwithstanding anything to the contrary contained in section 30, a person who owns on the commencement of this Act and thereafter continues to own land, or his successor, and intends to construct a farm-house for agricultural purposes shall make a simple application to the Director for seeking his permission:

Provided that the farm-house-

(i) is comprised of covered area not exceeding 200 sq. mtrs. and

(ii) is not having more than two storeys.

Explanation:-For the purpose of this section the expression "farm-house" shall include a cattle shed."

Section 3. Amendment of section 31

3. Amendment of section 31.- In section 31 of the principal Act-

(i) in sub-section (1), after figure "30", the word, figure and alphabet "or 30-A" shall be inserted; and

(ii) in sub-section (5), for the words "six months" wherever occur, the words "two months" shall be substituted.

Section 4. Amendment of section 77

4. Amendment of section 77.- For sub-section (1) of section 77 of the principal Act, the following sub-section shall be substituted, namely:-

"(1) The State Government may, by order notified in the Official Gazette, direct that any power either exercisable by it or by the Director, under this Act (not being the power to make rules) may also be exercised, in such cases and subject to such conditions, if any, as may be specified in such order, by its such officer, or authority or be officer of the authority as may be specified therein.".