THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT,

1994
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
CONSTITUTION OF CORPORATION
3. Declaration of municipal area as Corporation.
4. Incorporation and constitution of Corporation.
5. Duration of Corporation.
6. Delimitation of wards.
7. Qualifications for Councillors.
8. Disqualifications of Councillors.
9. Election to the Corporation.
10. Reservation of seats of Councillors.
11. Right to vote.
12. Filling of casual vacancies.
13. Publication of results of elections.
13-A Account of election expenses and maximum thereof.
13-B. Lodging of accounts.
14. Election petitions.
14-A. Parties to the Petition.
15. Relief that may be claimed by the petitioner.
16. Grounds for declaring election to be void.
17. Procedure to be followed by the prescribed authority.
18. Decision of prescribed authority.
19. Procedure in case of equality of votes.
20. Finality of decision.
21. Corrupt practices.
22. Maintenance of secrecy of voting.
2 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

23. Officers etc., at elections not to act for candidates or to

influence voting.
24. Prohibition of canvassing in or near polling station and of
public meeting on election day.
25. Penalty for disorderly conduct in or near polling station.
26. Penalty for misconduct at the polling station.
27. Breaches of official duty in connection with election.
28. Removal of ballot papers from polling station to be an offence.
29. Offence of booth capturing.
30. Other offences and penalties.
31. Power to make rules regulating the election of Councillors.
32. Bar to interference by Courts in electoral matters.
33. Oath or affirmation by Councillor.
34. Removal of and resignation by Councillors.
35. Payment of allowances to Councillors.
36. Annual election of Mayor, Deputy Mayor and their term of
office.
37. Motion of no confidence against Mayor or Deputy Mayor.
38. Discharge of functions of the Mayor or Deputy Mayor.
39. Resignation of Mayor and Deputy Mayor.
40. Standing Committees.
CHAPTER-III
FUNCTIONS OF THE CORPORATION
41. General powers of Corporation.
42. Functions of Corporation to be entrusted by the Government.
43. Obligatory functions of Corporation.
44. Discretionary functions of the Corporation.
CHAPTER-IV
MUNICIPAL AUTHORITIES UNDER THE
CORPORATION
45. Appointment of Commissioner.
46. Appointment of Joint/Assistant Commissioner and certain
other officers.
47. Salary and allowances of Commissioners.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 3

48. Leave etc. to Commissioner.

49. Contribution by Corporation.
50. Functions of the Commissioner.
51. Power of the Corporation to require Commissioner to produce
documents and furnish returns, reports etc.
52. Exercise of powers to be subject to sanction.
CHAPTER-V
TRANSACTION OF BUSINESS BY THE
CORPORATION
53. Meetings.
54. First meeting of the Corporation after general elections for
election of Mayor.
55. Notice of meetings and business.
56. Quorum.
57. Presiding Officer.
58. Method of deciding question.
59. Maintenance of order at, and admission of public to meetings
withdrawal and suspension of Councillors.
60. Councillors not to vote on matter in which he is interested.
61. Right to attend meetings of Corporation and its committees
etc. and right of Councillor to ask questions in relation to the
administration of municipal area.
62. Power to make regulations.
63. Keeping of minutes and proceedings.
64. Circulation of minutes and inspection of minutes and reports
of proceedings.
65. Forwarding minutes and reports of proceeding to the
Government.
66. Validation of proceedings etc.
CHAPTER-VI
CORPORATION OFFICERS AND OTHER
CORPORATION EMPLOYEES
67. Posts in Corporation and appointments thereto.
68. Officers and other employees not to be interested in any
contract etc. with Corporation.
CHAPTER - VII
4 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

REVENUE AND EXPENDITURE

69. Constitution of Corporation fund.
70. Corporation fund to be kept in State Bank of India or in a
Schedule Bank or in a Government Treasury.
71. Operation of accounts with banks.
72. Payment not to be made unless covered by a budget grant.
73. Duty of persons signing cheques.
74. Procedure when money not covered by a budget grant is
expended.
75. Application of Corporation Fund.
76. Payments from Corporation Fund for works urgently required
for public service.
77. Investment of surplus money.
78. Constitution of special funds.
79. Finance Commission.
80. Budget estimates.
81. Power of Corporation to alter budget estimates.
82. Power of Corporation to re-adjust income and expenditure
during the year.
83. Provisions as to unexpended budget grant.
CHAPTER-VIII
TAXES AND FEES
84. Taxes etc. to be imposed by Corporation under this Act and
arrangement of certain taxes collected by Government.
85. Fees and user charges.
86. Rates of tax on lands and buildings.
87. XXXXXXXXXXXXXX.
88. Determination of rateable value of lands and buildings
assessable to taxes
89. Taxation of union properties.
90. Incidence of taxes on lands and buildings.
91. Apportionment of liability of taxes on land and buildings when
premises assessed are let or sublet.
92. Recovery of taxes on lands and buildings from occupiers.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 5

93. Taxes on lands and buildings a first charge on premises on

which they are assessed.
94. Assessment list.
95. Evidentiary value of assessment list.
96. Amendment of assessment list.
97. Preparation of new assessment list.
98. Notice of transfers.
99. Notice of erection of building etc.
100. Notice of demolition or removal of building.
101. Power of Commissioner to call for information.
102. Premises owned by or let to, two or more persons in severally
to be ordinarily assessed as one property.
103. Assessment in case of amalgamation of premises.
104. Power of Commissioner to assess separately out houses
portion of buildings.
105. Power of Commissioner to employ valuers.
106. Recovery of tolls or taxes.
107. Tax on vehicles and animals.
108. Tax on whom leviable.
109. Exemption from taxes on vehicles and animals.
110. Levy of development Tax.
111. Amount of development tax.
112. Payment of development tax.
113. Notice of completion of schemes
114. Assessment of development tax.
115. Tax on advertisements.
116. Prohibition on advertisement without written permission of
Commissioner.
117. Permission of Commissioner to become void in certain cases.
118. Presumption in case of contravention.
119. Power of Commissioner in case of contravention.
120. Fee on building applications.
121. Time and manner of payment of taxes or fees.
122. Presentation of bill of tax or fee.
6 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

123. Consequences of failure to pay tax or fee within thirty days.

124. Manner of recovering tax or fee.
125. Power of seizure of vehicles and animals in case of non-
payment’s of tax thereon.
126. Demolition etc. of building.
127. Remission or refund of tax on lands and buildings.
128. Power to require entry in assessment list of details of
buildings.
129. Notice to be given of circumstances in which remission or
refund is claimed.
130. What building etc. are to be deemed vacant.
131. Notice to be given of every occupation of vacant land or
building.
132. Appeal against assessment etc.
133. Conditions of rights to appeal.
134. Finality of appellate orders.
135. Taxation not to be questioned except under this Act.
136. Power to inspect for purposes of determining the rateable
value or tax or fee.
137. Composition.
138. Irrecoverable debts.
139. Obligation to disclose liability.
140. Power to amend list in certain cases.
141. Immaterial error not to affect liability.
142. Power of exemption.
143. Power of Government in regard to taxes.
CHAPTER-IX
BORROWING
144. Power of Corporation to borrow.
145. Time for repayment of money borrowed under section 144.
146. Form and effect of debentures.
147. Receipt by joint holders for the interest or dividend.
148. Maintenance and investment of sinking fund.
149. Application of sinking fund.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 7

150. Annual statement by Commissioner.

151. Priority of payment for interest and repayment of loans over
other payment.
152. Attachment of Corporation Fund for recovery of money
borrowed from Government.
153. Power to make regulations.
154. Property vested in Corporation and management of public
institutions.
CHAPTER-X
PROPERTIES AND CONTRACTS
155. Acquisition of immovable property by agreement.
156. Procedure when immovable property cannot be acquired by
agreement.
157. Disposal of property.
158. Contracts by Corporation.
159. Procedure for making contracts.
160. Mode of executing contracts.
CHAPTER-XI
ACCOUNTS AND AUDIT
161. Maintenance of accounts.
162. Report by audit agency.
163. Action by Commissioner on the report.
164. Procedure to be followed by audit agency.
165. Power of auditor to make queries etc. and call for returns etc.
CHAPTER-XII
WATER SUPPLY, DRAINAGE AND SEWAGE
DISPOSAL
166. Definitions.
167. Power to require Corporation to carry out surveys and
formulate proposals.
168. Power to construct additional works.
169. Functions in relation to water supply.
170. Supply of water to connected premises.
171. Power to supply water for non-domestic purposes.
172. Making connection with municipal water works.
8 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

173. Obligation of owner or occupier to give notice of waste of

water.
174. Cutting of supply to premises.
175. New premises no to be occupied without arrangement for
water supply.
176. Public gratuitous water supply.
177. Power to lay mains.
178. Power to lay service pipes etc.
179. Provision of fire hydrants.
180. Power to enter premises to detect waste or misuse of water.
181. Power to test water fittings.
182. Power to close or restrict use of water from polluted source of
supply.
183. Water pipes etc. not to be placed where water will be polluted.
184. Joint and several liability of owners and occupiers for offence
in relation to water supply.
185. Public drains etc. to vest in Corporation.
186. Control of drains and sewage disposal works.
187. Certain matters not to be passed into municipal drains.
188. Application by owners and occupiers to drain into municipal
drains.
189. Drainage of untrained premises.
190. New premises not to be erected without drainage.
191. Power to drain group or block of premises by combined
operations.
192. Power of Commissioner to close or limit the use of private
drain in certain cases.
193. Use of drain by a person other than owner.
194. Sewage and rain water drains to be distinct.
195. Powers of Commissioner to require owner to carry out certain
works for satisfactory drainage.
196. Appointment of places for the emptying of drains and disposal
of sewage.
197. Connection with water works and drains not to be made
without permission.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 9

198. Buildings, railways and private streets not to be erected or

constructed over drains or water works without permission.
199. Rights of user of property for aqueducts, lines etc.
200. Power of owner of premises to place pipes and drains through
land belonging to other persons.
201. Railway administration to be informed in certain cases.
202. Power of Commissioner to execute work after giving notice to
the person liable to do so.
203. Power of Commissioner to affix shafts etc. for ventilation of
drain or, cesspool.
204. Power of Commissioner to examine and test drain etc. believed
to be defective.
205. Employment of Government agencies for repairs etc.
206. Work to be done by licensed plumber.
207. Prohibition of certain acts.
CHAPTER-XIII
STREETS
208. Vesting of public streets in Corporation.
209. Functions of Commissioner in respect of public streets.
210. Disposal of land forming site of public streets permanently
closed.
211. Power to make new public streets.
212. Minimum width of new public streets.
213. Power to prohibit use of public streets for certain kinds of
traffic.
214. Power to acquire land and buildings for public streets and for
public parking places.
215. Defining regular lines of streets.
216. Setting back of buildings to regular line of street.
127. Compulsory setting back of building to regular line of street.
218. Acquisition of open land and land occupied by platforms etc.
within the regular line of street.
219. Acquisition of remaining part of building and land after their
portions within regular line of street have been acquired.
220. Setting forward of building to regular line of street.
10 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

221. Compensation to be paid in certain cases of setting back or

setting forward of buildings, etc.
222. Owners obligation when dealing with land or building sites.
223. Layout plans.
224. Alteration or demolition of street made in breach of section
223.
225. Power of Commissioner to order work to be carried out or to
carry it himself in default.
226. Declaration of public streets.
227. Prohibition of projection upon street etc.
228. Projection over streets may be permitted in certain cases.
229. Ground floor door etc. not to open outwards on streets.
230. Prohibition of structures, fixtures or deposit of things in
streets.
231. Special provision regarding streets belonging to Government.
232. Power to remove anything deposited or exposed for sale in
contravention of this Act.
233. Prohibition of tethering of animals and milking of cattle.
234. Precautions during repairs of street etc.
235. Streets not to be opened or broken up and building materials
not to be deposited thereon without permission.
236. Disposal of things removed under this chapter.
237. Naming and numbering of streets.
238. Commissioner to take steps for repairing or enclosing places.
239. Measures for lighting.
240. Prohibition of removal, etc. of lamps.
CHAPTER-XIV
BUILDING REGULATIONS
241. Definitions.
242. Prohibition of erection of building without sanction.
243. Erection of building.
244. Applications for additions to, or repairs of building.
245. Condition of valid notice.
246. Sanction or refusal of building or work.
247. When building or work may be proceeded with.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 11

248. Sanction accorded under misrepresentation.

249. Buildings at corners of streets.
250. Provisions as to buildings and works on either side of new
streets.
251. Period for completion of building or work.
252. Prohibition against use of inflammable materials for buildings
etc., without permission.
253. Order of demolition and stoppage of building and works in
certain cases and appeal.
254. Order of stoppage of building or works in certain cases.
254-A. Power to seal unauthorized development or construction.
255. Power of State Government to give directions for
compounding deviations from sanctioned plan.
256. Power of Commissioner to require alteration of work.
257. Completion certificate.
258. Restriction on user of buildings and removal of dangerous
buildings.
259. Power to order building to be vacated in certain circumstances.
260. Building scheme.
CHAPTER-XV
SANITATION AND PUBLIC HEALTH
261. Provision for daily cleansing of streets and removal of rubbish
and filth.
262. Rubbish etc. to be property of Corporation.
263. Provision for placement of receptacles, depots and places for
rubbish etc.
264. Duty of owners and occupiers to collect and deposit rubbish
etc.
265. Removal of rubbish etc. accumulated on premises used as
factories, workshops etc.
266. Prohibition against accumulation of rubbish etc.
267. Commissioner's power to get premises scavenged and
cleansed.
268. Public latrines, urinals etc.
269. Construction of latrines and urinals.
270. Latrines and urinals etc., in new buildings.
12 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

271. Latrines and urinal for labourers etc.

272. Provision of latrines and urinals for markets etc.
273. Other provisions as to private latrines.
274. Removal of congested building.
275. Power of Commissioner to require improvement of buildings
unfit for human habitation.
276. Enforcement of notice requiring execution of works of
improvement.
277. Power of Commissioner to order demolition of buildings unfit
for human habitation
278. Insanitary huts and sheds.
279. Prohibition against washing by washerman.
280. Obligation to give information of dangerous disease.
281. Removal of patient to hospital suffering from dangerous
disease.
282. Disinfection of buildings and articles.
283. Destruction of infections huts or sheds.
284. Means of disinfection.
285. Special measures in case of out-break of dangerous or
epidemic diseases.
286. Infected clothes not to be sent to washerman or to laundry.
287. Contamination and disinfection of public conveyances.
288. Driver of conveyance not bound to carry persons suffering
from dangerous diseases.
289. Disinfection of buildings before letting the same.
290. Disposal of infected articles without disinfection.
291. Prohibition of making or selling of food, etc, or washing of
clothes by infected persons.
292. Power to restrict or prohibit sale of food or drink.
293. Control over wells and tanks etc.
294. Duty of persons suffering from dangerous diseases.
295. Disposal of infectious corpse, where any person has died from
any dangerous disease.
296. Conditions of service of Safai Karamcharis and certain other
classes of persons employed in Corporation services.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 13

297. Power to call for information regarding burning or burial

ground.
298. Permission for use of new burning or burial ground.
299. Power to require closing of burning and burial grounds.
300. Removal of corpses.
301. Disposal of dead animals.
CHAPTER-XVI
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
302. Prohibition of nuisances.
303. Power of Commissioner to require removal or abatement of
nuisance.
304. Registration and control of dogs.
305. Staking or collecting inflammable materials.
306. Care of naked lights.
307. Discharging fireworks, fire arms etc.
308. Power to require buildings, wells, etc. to be rendered safe.
309. Enclosure of waste land used for improper purposes.
CHAPTER-XVII
EXTINCTION AND PREVENTION OF FIRE
310. Establishment and maintenance of fire brigade.
311. Power of members of fire-brigades and other persons for
suppression of fire.
312. Limitation on operation of this Chapter.
CHAPTER-XVIII
MARKETS, SLAUGHTER HOUSES, TRADES AND
OCCUPATIONS
313. Provision of municipal markets and slaughter houses.
314. Use of municipal markets.
315. Private markets and slaughter houses.
316. Conditions of grant of license for private market.
317. Prohibition of keeping markets open without licence etc.
318. Prohibition of use of unlicensed market.
319. Prohibition of business and trade.
320. Levy of stallages, rent and fees.
14 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

321. Stallages, rents, etc. to be published.

322. Butcher's, fishmonger's and poulterer's licence.
323. Factory etc. not to be established without permission of
Commissioner.
324. Premises not to be used for certain purposes without licence.
324-A. Registration of cattle and maintenance of their record.
325. Seizure of certain animals.
326. Power of the Commissioner to prevent use of premises in
particular area for purposes referred section 324.
327. Licences for hawking articles etc.
328. Eating houses etc. not to be used without licence from
Commissioner.
329. Licencing and control of theatre, circuses and places of public
amusement.
330. Power of Commissioner to stop use of premises used in
contravention of licences.
331. Power of Commissioner to inspect places where unlawful
slaughter of animals etc. is suspected.
CHAPTER-XIX
IMPROVEMENT
332. Improvement scheme.
333. Matters to be provided for in an improvement scheme.
334. Submission of improvement scheme to the Corporation for
approval and to the Government for sanction.
335. Publication of the notice after scheme is sanctioned.
336. Rehousing scheme.
337. Improvement scheme and rehousing scheme to comply with
master plan and zonal development plan.
338. Provisions of housing accommodation for the economically
weaker sections.
CHAPTER-XX
REGULATION OF FELLING AND PLANTING TREES
339. Prohibiting felling, cutting, damaging, destroying any tree in
any urban area.
340. Constitution of Tree Authority.
341. Meeting of Tree Authority.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 15

342. Duties of Tree Authority.

343. Appointment of Tree Officer.
344. Application for permission for cutting/felling or removal of a
tree.
345. Permission for felling of tree.
346. Planting of adequate number of trees.
347. Planting in place of fallen/destroyed trees.
348. Responsibilities for preservation of trees.
349. The recovery of expenditure on failure to comply with orders
for planting of trees.
350. Appeals.
351. Seizure.
352. Penalty.
353. Compounding of offences.
354. Operation of other laws not barred.
355. Power to make rules.
CHAPTER-XXI
POWERS, PROCEDURE, OFFENCES AND PENALTIES
356. Signature, conditions, duration, suspension, revocation, etc. of
licences and written permissions.
357. Power of entry and inspection.
358. Power to enter land, adjoining land in relation to any work.
359. Breaking into building.
360. Time of making entry.
361. Consent ordinarily to be obtained.
362. Regard to be had to social or religious usages.
363. Prohibition of obstruction or molestration in execution of
work.
364. Public notices how to be made known.
365. Newspaper in which advertisement of notices to be published.
366. Proof of consent etc. of Commissioner etc.
367. Notices, etc. to fix reasonable time.
368. Signature on notices etc., may be stamped.
369. Notice etc. by whom to be served or issued.
16 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

370. Service of notices, etc.

371. Power in case of non-compliance with notice, etc.
372. Liability of occupier to pay in default of owner.
373. Execution of work by occupier in default of owner and
deduction of expenses from rent.
374. Relief to agents and trustees.
375. General power to pay compensation.
376. Compensation to be paid by offenders for damage caused by
them.
377. Mode of recovery of certain dues.
378. Right of owner to apply to court of the District Judge in case
of obstruction by occupier.
379. General powers and procedure of the court of District Judge.
380. Fees in proceeding before court of the District Judge.
381. Repayment of half fees on settlement before hearing.
382. Power on the court of District Judge to delegate certain powers
and to make rules.
383. Punishment for certain offences.
384. General.
385. Offences by Companies.
386. Police establishments.
387. Arrest of offenders.
388. Power to institute legal proceedings etc. and obtain legal
advice.
389. Prosecution.
390. Composition of offences.
391. Protection or action of the Corporation etc.
392. Notice to be given of suits.
CHAPTER-XXII
RULES, REGULATIONS AND BYE-LAWS
393. Supplemental provisions respecting rules.
394. Supplemental provisions respecting regulations.
395. Powers to make bye-laws.
369. Penalty for breaches of bye-laws.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 17

397. Supplemental Provisions respecting bye-laws.

398. Bye-laws to be available for inspection and purchase.
CHAPTER-XXIII
CONTROL
399. Power of Government to require production of documents.
400. Inspection.
401. Power to give directions.
402. Power to provide for enforcement of direction under section
401.
402-A. Power to review.
403. Power of revision.
404. Dissolution of Corporation.
CHAPTER-XXIV
MISCELLANEOUS
405. Delegation.
406. Validity of notices and other documents.
407. Admissibility of document or entry as evidence.
408. Evidence of Corporation Officer or employee.
409. Prohibition against obstruction of Mayor or any Corporation
authority etc.
410. Prohibition against removal of mark.
411. Prohibition against removal or obliteration of notice.
412. Prohibition against unauthorised removal of deposit etc.
413. Liability of Mayor, Deputy Mayor and Councillors.
414. Councillor and Corporation Officers and employees to be
public servants.
415. Annual Administration report.
416. Construction of reference.
417. Special provisions as to rural areas.
418. Power to suspend any resolution or order of Corporation.
419. Power of Government to modify proceedings.
420. Power of Government to withdraw any area of Municipal area,
from operation of Act.
421. District Planning Committees.
18 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

422. Transitional provisions.

423. Provisions regarding officers and employees.
424. Assets, liabilities, debts obligation, contracts and pending
proceedings.
425. Provision for municipality or local authority which is
superseded or dissolved.
426. Power to enquire and make report about misconduct of certain
officer or officials.
427. Power to remove difficulties.
428. Repeal of Act No. 9 of 1980.
429. Repeal of Ordinance No. 3 of 1994.
FIRST SCHEDULE
SECOND SCHEDULE
_______
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT,
1994
(ACT NO. 12 OF 1994)1
(Received the assent of Governor on the 18thOctober, 1994 and was
published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 18th October, 1994, pp. 3477- 3845).
Amended, repealed or otherwise affected-
1. H.P. Act No. 12 of 19952, assented to by the Governor on the
21st November, 1995, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd
November, 1995, pp. 4641-4646, effective from 1st August,
1995.
2. H.P. Act No. 7 of 19973, assented to by the Governor on 18th
April, 1997, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 19th
April, 1997, pp. 1367-1372, effective from 10th January,
1997.

1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of

Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
19th September, 1994, pp. 2931 and 3106.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
27th September, 1995, pp. 3899 and 3902.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
25th March, 1997, pp. 983 and 986.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 19

3. H.P. Act No. 3 of 19981, assented to by the Governor on 7th

February, 1998, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 10th
February, 1998, pp. 625-628.
4. H.P. Act No. 2 of 20022, assented to by the Governor on the
4th February, 2002, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11th
February, 2002, pp. 4105-4108, effective from 14th
December, 2001.
5. H.P. Act No. 5 of 20023, assented to by the Governor on the
4th February, 2002, published both in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 11th February, 2002, pp.
4119-4140.
6. H.P. Act No. 6 of 20034, assented to by the Governor on the
1st August, 2003, published both in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 2nd August, 2003, pp. 1085-
1090, effective from 24th May, 2003.
7. H.P. Act No. 4 of 20055, assented to by the Governor on 23rd
January 2005, published both in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 24th January, 2005, pp. 3557-
3562, effective from 26th October, 2004.
8. H.P. Act No. 29 of 20056, assented to by the Governor on the
28th September, 2005, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th
September, 2005, pp. 3309-3312.

1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of

Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
12th December, 1997, pp. 4702 and 4704.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
21st December, 2001, pp. 3652 and 3654.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
20th December, 2001, pp. 3635 and 3647.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
18th July, 2003, pp. 779 and 783.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
22nd December, 2004, pp. 2867 and 2871.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
9th August, 2005, pp. 2234 and 2237.
20 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

9. H.P. Act No. 3 of 20071, assented to by the Governor on 7th

February, 2007, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 13th
February, 2007, pp. 11261-11264, effective from 16th
November, 2006.
10. H.P. Act No. 19 of 20072, assented o by the Governor on 26th
September, 2007, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 29th
September, 2007, pp. 6152-6156.
11. H.P. Act No. 9 of 20083, assented to by the Governor on the
16th May, 2008, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 22nd May, 2008, pp. 1094-
1096.
12. H.P. Act No. 11 of 20104, assented to by the Governor on 25th
25th May, 2010, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 28th May, 2010, pp. 905-
921.
13. H.P. Act No. 32 of 20115, assented to by the Governor on the
29th July 2011, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 2nd August, 2011, pp.
2053-2063. Act came into a force from 20th February, 2012
vide Notification No. UD-A(3) 6/2010, dated 16th February,
2012, published in Rajpatra, Himachal Pradesh, dated 17th
February, 2012, pp. 5873-5874.

1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of

Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
27th December, 2006, pp. 9190 and 9193.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
7th September, 2007, pp.4987-4988 and 4997-4998.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
11th April, 2008, pp. 246 and 249.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
22nd April, 2010, pp. 381 and 390.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 11th April, 2011,
pp. 265-266 and 271-272.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 21

14. H.P. Act No. 4 of 20121, assented to by the Governor on the

18th January, 2012, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 28th January, 2012. pp.
5325-5326.
15. H.P. Act No. 48 of 20132, assented to by the Governor on the
20th September, 2013, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 26th September, 2013,
pp. 3856-3862, effective from 27th July, 2013.
16. H.P. Act No. 13 of 20163, assented to by the Governor on the
19th September, 2016, published both in Hindi and English in
Rajpatra, Himachal Pradesh on the 27th September, 2016, pp.
4606-4630.
17. H.P. Act No. 5 of 20174, assented to by the Governor on the
7th March, 2017, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 15th March, 2017,
pp.8259-8260, effective from 4th October, 2016.
An Act to consolidate, amend and replace the law relating to the
establishment of Municipal Corporations for certain Municipal
areas in the State of Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
Forty-fifth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Municipal Corporation Act, 1994.
(2) It extends to the whole of the State of Himachal Pradesh excluding
the cantonment areas therein.
(3) It shall and shall be deemed to have come into force on the 30th
day of May, 1994.

1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of

Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 22nd December,
2011, p.4734 and 4736.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 27th August,
2013, pp. 2969 and 2973-2974.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 1st September,
2016, pp. 4195-4196 and 4207-4208. Act came into force from. 30th September,
2016 vide Notification No. UD-A(3)-2/2010-I, dated 30th September, 2016,
published in the Rajpatra, Himachal Pradesh dated 1st October, 2016, p. 4773.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh dated 29th December,
2016, pp. 6219-6220 and 6221-6222.
22 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

2. Definitions.- In this Act, unless the context otherwise requires,-

(1) “backward classes” means such classes of citizens other than
scheduled castes and scheduled tribes, as may be identified
and notified for the purpose of reservation for appointments
or posts in the services under the State Government;
(2) “budget-grant” means the total sum entered on the
expenditure side of a budget estimate under a major head and
adopted by the Corporation and includes any sum by which
such budget-grant may be increased or reduced by transfer
from or to other heads in accordance with the provisions of
this Act and the regulations made thereunder;
(3) “building” means a shop, house, out-house, stable, latrine,
urinal, shed, hut, wall or any other structure, whether of
masonry, bricks, wood, mud, metal or other material and
includes a well but does not include any portable shelter;
(4) “bye-law” means a bye-law made under this Act, by
notification in the Official Gazette;
(5) “Commissioner” means the Commissioner of the
Corporation, appointed by the State Government;
(6) “Corporation” means the Municipal Corporation declared and
constituted under sections 3 and 4 of this Act;
(7) “corrupt practice” means any of the practices specified in
section 21;
(8) “casual vacancy” means a vacancy occurring otherwise than
by efflux of time in the office of a Councillor or in any other
elective office;
1
[(8-a) “cattle” means domestic animals and includes elephants,
camels, buffaloes, cows, oxen, horses, mares, geldings,
ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep,
lambs, goats and kids;]
(9) “dangerous disease” means-
(a) cholera, plague, chicken-pox, small-pox, tuberculosis,
leprosy, enteric fever, cerebrospinal meningitis and
diphtheria; and
(b) any other epidemic, endemic or infectious disease which
the Commissioner may, by notification, in the Official
Gazette, declare to be dangerous disease for the purposes
of this Act;

1. Clause (8-a) inserted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 23

(10) “Director” means the Director of Urban Local Bodies

appointed by the Government;
(11) “district” means a district in the State;
(12) “District Judge” means the District Judge having
jurisdiction over the municipal area;
(13) “District Planning Committee” means a committee
constituted under section 185 of the Himachal Pradesh
Panchayati Raj Act, 1994 (4 of 1994), at the district level to
consolidate the plans prepared by the panchayats and the
municipalities in the district and to prepare a draft
development plan for the district as a whole;
1
[(14) “Divisional Commissioner” means the Commissioner of the
Division in which the Corporation is situated and includes
any other Officer appointed by the Government to perform
all or any of the functions of the Divisional Commissioner
under this Act;]
(15) “drain” includes a sewer, a house drain, a drain of any other
description, a tunnel, a culvert, a ditch, a channel and any
other device for carrying of sewage, offensive matter,
polluted water, waste water, rain water or subsoil water;
(16) “dry latrine” means a latrine or privy from where night soil
is removed through manual scavenging;
(17) “entertainment” includes any exhibition, performance,
amusement, game or sport to which persons are ordinarily
admitted on payment;
(18) “factory” means a factory as defined in the Factories Act,
1948 (63 of 1948);
(19) “filth” includes offensive matter and sewage;
(20) “Finance Commission” means the Finance Commission
constituted by the State Government under section 98 of the
Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994),
and under articles 243-I and 243-Y of the Constitution of
India;
(21) “goods” includes animals;
(22) “Government” means the Government of the State of
Himachal Pradesh;
(23) “housegully” or “service passage” means a passage or strip
of land constructed, set apart or utilised for the purpose of
serving as or carrying a drain or affording access to a

1. Sub-section (14) substituted vide H.P. Act No. 5 of 2002 again substituted vide
H.P. Act No. 3 of 2007, effective from 16th November, 2007.
24 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

latrine, urinal, cesspool or other receptacle for filth or other

polluted matter, by Corporation employees or other persons
employed in the cleaning thereof or in the removal of such
matter therefrom;
(24) “hut” means any building which is constructed principally
of wood, bamboo, mud, leaves, grass, cloth or thatch and
includes any structure of whatever material made which the
Corporation may declare to be a hut for the purposes of this
Act;
(25) “land” includes benefits that arise out of land, things
attached to the earth or permanently fastened to anything
attached to the earth and rights created by law over
anystreet;
(26) “licensed architect”, “licensed draftsman”, “licensed
engineer”, “licensed plumber”, “licensed surveyor” and
“licensed town planner” means respectively a person
licensed under the provision of this Act as an architect,
draftsman, engineer, plumber, surveyor and town planner;
(27) “member” in relation to the Corporation means a Councillor
thereof;
(28) “municipal area” means the territorial area of the
Corporation declared under section 3 of this Act;
(29) “municipal drain” means a drain vested in the Corporation;
(30) “municipal market” means a market vested in or managed
by the Corporation;
(31) “municipal slaughter house” means a slaughter house
vested in or managed by the Corporation;
(32) “municipal water works” means water works vested in the
Corporation;
(33) “municipality” means an institution of self-Government
constituted under section 3 of the Himachal Pradesh
Municipal Act, 1994 (12 of 1994), which may be a Nagar
Panchayat or a Municipal Council or a Municipal
Corporation;
(34) “nuisance” includes any act, omission, place, animal or a
thing which causes or is likely to cause injury, danger,
annoyance or offence to the sense of sight, smell or hearing
or disturbance to rest or sleep, or which is or may be
dangerous to life or injurious to health or property;
(35) “occupier” includes-
(a) any person who for the time being is paying or is liable
to pay to the owner the rent or any portion of the rent of
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 25

the land or building in respect of which such rent is paid

or is payable;
(b) an owner in occupation of, or otherwise using his land or
building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for
use and occupation of any land or building;
(36) “offensive matter” includes animal carcasses, kitchen or
stable refuse, dung, dirt and putrid or putrefying substances,
other than sewage;
(37) “owner” includes a person who for the time being is
receiving or is entitled to receive, the rent of any land or
building whether on his own account or on account of
himself and others or as an agent, trustee, guardian or
receiver for any other person who should so receive the rent
or be entitled to receive it if the land or building or part
thereof were let to a tenant;
(38) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(39) “premises” means any land or building or part of a building
and includes,-
(a) the garden, ground and out-houses, if any, appertaining
to a building or part of a building; and
(b) any fittings affixed to a building or part of a building
for the more beneficial enjoyment thereof;
(40) “prescribed” means prescribed by rules made under this
Act;
(41) “private street” means any street, which is not a public
street and includes any passage securing access to two or
more places belonging to the same or different owners;
(42) “private market” means a market which is not a municipal
market”;
(43) “private slaughter house” means a slaughter house which is
not a municipal slaughter house;
(44) “public place” means any place which is open to the use
and enjoyment of the public, whether it is actually used or
enjoyed by the public or not;
26 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(45) “public securities” means any securities of the Central

Government or a State Government or any securities
guaranteed by the Central Government or a State
Government or any securities issued under this Act;
(46) “public street” means any street which vests in the
Corporation or which under the provisions of this Act
becomes, or is declared to be a public street;
(47) “railway administration” would have the same meaning as
assigned to it in the Indian Railway Act, 1890 (9 of 1890);
(48) “rateable value” means the value of any land or building
fixed in accordance with the provisions of this Act and the
bye-laws made thereunder for the purpose of assessment to
property taxes;
(49) “regulation” means a regulation made by the Corporation
under this Act, by notification, in the Official Gazette;
(50) “reside”-
(a) a person shall be deemed to “reside” in any dwelling
house which or some portion of which he sometimes,
although not uninterruptedly uses as a sleeping
apartment; and
(b) a person shall not be deemed to cease to “reside” in
any such dwelling house merely because he is absent
from it or has elsewhere another dwelling house in
which he resides, if there is, liberty of returning to it
at any time, and no abandonment of the intention of
returning to it;
(51) “rubbish” includes ashes, broken bricks, broken glass, dust,
malba, mortar and refuse of any kind which is not filth;
(52) “rural areas” means the part of the municipal area which
immediately before their inclusion within the limits of the
municipal areas were situated within the local limits of a
Gram Panchayat but shall not include such portion thereof
as may, by virtue of a notification under section 417 cease
to be included in the rural areas as herein defined;
(53) “Scheduled Castes” shall have the same meaning as
assigned to it in clause (24) of article 366 of the
Constitution of India;
(54) “Scheduled Tribes” shall have the same meaning as
assigned to it in clause (25) of article 366 of the
Constitution of India;
(55) “sewage” means night-soil and other contents of latrines,
urinals, cesspools or drains and polluted water from sinks,
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 27

bathrooms, stables, cattle sheds and other like places, and

includes trade effluents and discharges from manufacturies
of all kinds;
(56) “shed” means a slight or temporary structure for shade or
shelter;
(57) “slaughter house” means any place ordinarily used for the
slaughter of animals for the purpose of selling the flesh
thereof for human consumption;
(58) “State Election Commission” means the State Election
Commission constituted by the State Government under
section 160 of the Himachal Pradesh Panchayati Raj Act,
1994 (4 of 1994) and under articles 243-K and 243-ZA of
the Constitution of India;
(59) “street” shall mean any road, footway, square, court, alley,
gully or passage, accessible whether permanently or
temporarily to the public and whether a thoroughfare or not,
and shall include every vacant space, notwithstanding that it
may be private property and partly or wholly obstructed by
any gate, post, chain or other barrier, if houses, shops or
other buildings abut thereon, and if it is used by any person
as means of access to or from any public place or
thoroughfare, whether such persons be occupiers of such
buildings or not, but shall include any part of such space
which the occupier of any such building has right at all
hours to prevent all other persons from using as aforesaid
and shall include also the drains or gutters therein, or on
either side of the land, whether covered or not by any
pavement, verandah or other erection, up-to the boundary of
any abutting property, not accessible to the public;
(60) “trade effluent” means any liquid either with or without
particles of matter in suspension therein, which is wholly or
in part produced in the course of any trade or industry
carried on at trade premises, and in relation to any trade
premises means any such liquid as aforesaid which is so
produced in the course of any trade or industry carried on at
those premises, but does not include domestic sewage;
(61) “trade premises” means any premises used or intended to be
used for carrying on any trade or industry;
(62) “trade refuse” mean the refuse of any trade or industry;
(63) “vehicle” includes a carriage, cart, van, dray, truck, hand-
cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor
vehicle and every wheeled conveyance which is used or is
capable of being used on a street;
28 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(64) “ward” means a municipal ward of the Corporation made

under sub-section (2) of section 4 of this Act for the
purpose of election of a member;
(65) “water course” includes any river, stream or channel
whether natural or artificial;
(66) “water seal latrine” means a latrine with a minimum water-
seal of 20 mm. in which excreta is pushed in or flushed by
water and is not required to be removed by human agency;
(67) “water works” includes all lakes, tanks, streams, cisterns,
springs, pumps, wells, reservoirs, aqueducts, water trucks,
sluices, main pipes, culverts, hydrants, stand-pipes and
conduits and all lands, buildings, machinery, bridges and
things used for, or intended for the purpose of supplying
water;
(68) “workshop” means any premises (including the precincts
thereof) other than a factory, wherein any industrial process
is carried on; and
(69) “year” means a year commencing on the 1st day of April.
CHAPTER-II
CONSTITUTION OF CORPORATION
3. Declaration of municipal area as Corporation.- (1) For the
purposes of this Act the area comprised within the limits of the Shimla
Municipal Corporation constituted under the Himachal Pradesh Municipal
Corporation Act, 1979 (9 of 1980) shall be the Municipal Corporation of
Shimla.
(2) The Government may, from time to time, by a notification in the
Official Gazette, declare any municipality to be a Corporation Known as “the
Municipal Corporation of............................... (Name of Corporation) “:
Provided that no municipality or group of municipalities shall be so
declared to be a Corporation unless.-
(i) the population thereof exceeds fifty thousand; and
(ii) the total income of the municipality or group of
municipalities immediately preceding the date of issue of the
notification, exceeds two crores rupees per annum.
(3) The Government may, from time to time, after consultation with
the Corporation, by notification in the Official Gazette, alter the limits of the
municipal area of the Corporation declared under sub-sections (1) and (2) so
as to include therein or exclude therefrom such areas as may be specified in
the notification.
(4) When the limits of the municipal area are altered, so as to include
therein any area, except as the Government may otherwise by notification
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 29

direct, all rules, regulations, notifications, bye-laws, orders, directions and

powers issued or conferred and all taxes imposed under this Act and in force
in the municipal area, shall apply to such area.
(5) When a local area is excluded from the Corporation under sub-
section (3),-
(a) this Act, and all notifications, rules, bye-laws, orders
directions and powers issued, made or conferred under this
Act, shall cease to apply thereto; and
(b) the Government shall after consulting the Corporation, frame
a scheme determining what portion of the balance of the
Corporation fund and other property vesting in the Municipal
Corporation shall vest in the Government and in what manner
the liabilities of the Corporation shall be apportioned between
the Corporation and the Government, and, on the scheme,
being notified, the property and liabilities shall vest and be
apportioned accordingly.
4. Incorporation and constitution of Corporation.- (1) The
Corporation shall be a body corporate having perpetual succession and a
common seal with power subject to the Provisions of this Act, to acquire,
hold and dispose of property and may by the said name sue and be sued.
(2) Save as provided in sub-section(3), all seats in the Corporation
shall be filled by persons chosen by direct election from the territorial
constituencies in the municipal area and for this purpose the municipal area
shall, by a notification issued in this behalf, be divided into territorial
constituencies to be known as wards.
1
[(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[.]2
3
[XXXXXXXXXXXX]
4
[(3-A). The State Government may, by notification, nominate as
councillors not more than 5[five] persons having special knowledge or
experience of municipal administration:

1. Sub-section (3) substituted vide H.P. Act No. 7 of 1997, effective from 10th
January, 1997.
2. Substituted for the words “and the State Government may, by notification, also
nominate as Councillors, not more than three persons having special knowledge
or experience of Municipal administration” vide H.P. Act No. 6 of 2003, effective
from 24th May, 2003.
3. Proviso deleted vide H.P. Act No. 6 of 2003, effective from 24th May, 2003.
4. Sub-sections (3-A) and (3-B) added vide H.P. Act No. 6 of 2003, effective from
24th May, 2003.
5. Substituted for the words “three” vide H.P. Act No. 13 of 2016.
30 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Provided that a person who contested and lost the immediately

preceding election of any Corporation shall not be nominated by the State
Government as a Councillor of that Corporation or any other Corporation
during its existing term:
Provided further that a Councillor nominated under sub-section
whether before or after the commencement of the Himachal Pradesh
Municipal Corporation (Amendment) Act, 2003 shall hold office during the
pleasure of the State Government, but not beyond the term of Corporation as
provided for in sub-section (1) of section 5 of this Act.
(3-B) The nominated Councillors referred to in sub-section (3-A) and
the Commissioner shall have the right to attend all the meetings of the
Corporation and to take part in the discussion therein but shall not have any
right to vote.]
(4) Where after the commencement of this Act, any municipal area is
declared to be a Corporation under sub-section (2) of section 3, all powers
and duties conferred and imposed upon the Corporation by or under this Act
or any other law, shall be exercised and performed by the commissioner for a
period not exceeding six months or till a Corporation is constituted under the
provisions of this Act, whichever is earlier.
5. Duration of Corporation.- (1) The Corporation, unless sooner
dissolved under section 404 of this Act, shall continue for five years from the
date appointed for its first meeting.
(2) An election to constitute the Corporation shall be completed -
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date
of its dissolution:
Provided that where the remainder of the period for which the
dissolved Corporation would have continued is less than six months, it shall
not be necessary to hold any election under this section for constituting the
Corporation for such period.
(3) A Corporation constituted upon its dissolution before the
expiration of its duration shall continue only for the remainder of the period
for which the dissolved Corporation would have continued under sub-section
(1) had it not been so dissolved.
6. Delimitation of wards.- For the purposes of election of
Councillors the Deputy Commissioner shall, in accordance with such rules as
may be, prescribed by the State Government,-
(a) divide the municipal area into wards in such a manner that,-
(i) one Councillor shall be elected from each ward; and
(ii) as far as possible the population in each ward shall be
equally distributed:
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 31

Provided that the population in each ward shall not be less than
1
[3000] and the number of total seats to be filled by direct election shall not
exceed 2[thirty seven];
(b) determine the territorial extent of each ward; and
(c) determine the ward or wards in which seats are reserved
under this Act.
7. Qualifications for 3[XXXXXXXXXXX Councillors].- A person
shall not be qualified to be chosen as a 4[XXXXXXXXX Councillor], unless-
(a) he has attained twenty-one years of age; and
(b) his name is registered as an elector in the electoral roll of any
ward in the municipal area.
8. Disqualifications of 5[XXXXXXXXXXX Councillors].- (1) A
person shall be disqualified for being chosen as, and for being, a
6
[XXXXXXXXXXX Councillor] of the Corporation-
(a) if he is so disqualified by or under any law for the time being
in force for the purposes of election to the Legislature of the
State:
Provided that no person shall be disqualified on the
ground that he is less than 25 years, if he has attained the age of
21 years; and
(b) if he is so disqualified by or under any law made by the
Legislature of the State.
(2) A person shall also be disqualified for being chosen as, and for
being, a 7[XXXXXXXXXXX Councillor]-

1. Substituted for the figure “3500” vide H.P. Act No. 2 of 2002, effective from 14th
December, 2001.
2. Substituted for the words “twenty five” vide H.P. Act No. 5 of 2017, effective
from 14th October, 2016.
3. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
4. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
5. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
6. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
7. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
32 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(a) if he is of unsound mind and stands so declared by a

competent court;
(b) if he is an undischarged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any
acknowledgement of allegiance or adherence to a foreign
State;
(d) if he has, in proceedings for questioning the validity or
regularity of an election, been found to have been guilty of-
(i) any corrupt practice under section 21 of this Act;
(ii) any offence punishable under sections 171-E or 171-F of
the Indian Penal Code, 1860 (45 of 1860) or any offence
punishable under section 29 or clause (a) of sub-section
(2) of section 30 of this Act; unless a period of six years
has elapsed since the date of the finding;
1
[(dd) if he has incurred more expenditure than prescribed under
section 13-A or has failed to lodge account under section 13-
B within 30 days of the declaration of the result of the
election;]
(e) if he has been 2[xxxxx] convicted by a criminal court to
imprisonment for an offence involving moral turpitude,
unless a period of six years has elapsed since his conviction;
3
[Explanation.- “moral turpitude” shall mean the
cases where a charge framed by a competent court involves
an offence for which the maximum sentence is death or life
imprisonment or 10 years or more;]
(f) if he holds any office of profit under the Corporation;
(g) if he is a licensed architect, draftsman, engineer, plumber,
surveyor or town planner or is a partner of a firm of which
any such licensed person is also a partner;
(h) if he holds any office of profit under the Government or the
Municipal Corporation;
(i) if he is interested in any subsisting contract made with, or any
work being done for the Corporation except as a share holder
(other than a director) in an incorporated company or as a
member of a co-operative society;
(j) if he is retained or employed in any professional capacity
either personally or in the name of a firm of which he is a

1. Clause (dd) added vide H.P. Act No. 5 of 2002.

2. The words “sentenced or” deleted vide H.P. Act No. 5 of 2002.
3. Explanations added vide H.P. Act No. 5 of 2002.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 33

partner or with which he is engaged in a professional

capacity, in connection with any cause or proceeding in which
the Corporation or any of municipal authorities is interested
or concerned;
(k) if he, having held any office under the Government, the
Corporation or any other local authority, any Government
company or any corporate body owned or controlled by the
Government 1[,] has been dismissed from service;
(l) if he has encroached upon or is a beneficiary of the
encroachment upon any land belonging to, or taken on lease
or requisitioned by or on behalf of, the State Government, a
municipality, a panchayat, a co-operative society or any other
local authority, unless a period of six years has elapsed since
the date on which he is ejected therefrom or he ceases to be
the encroacher;
Explanation.- For the purposes of this clause the
expression “beneficiaries” shall include the spouse and legal
heirs of the encroacher; or
(m) if he is registered as a habitual offender under the Himachal
Pradesh Habitual Offenders Act, 1969 (8 of 1974);
(n) if he has been ordered to give security for good behaviour
under section 110 of the Code of Criminal Procedure, 1973 (2
of 1974);
(o) if he fails to pay any arrears of any kind due to him, otherwise
than as an agent, receiver, trustee or an executor to the
Corporation within three months after a notice in this behalf
has been served upon him;
(p) if he is in the employment or service under
any panchayat or of any other local authority or co-
operative society or the State Government or Central
Government or any public sector undertaking under the
control of the Central or the State Government.
Explanation.- For the purposes of this clause the
expression “service” or “employment” shall include
persons appointed, engaged or employed on whole time,
part time, casual, daily or contract basis.
2
[(q) XXXXXXXXXXXXXXXXXXXX]
(r) if he has made any false statement or declaration in writing
under this Act or the rules made thereunder.]

1. Substituted word “or” vide H.P. Act No. 5 of 2002.

2. Clauses (q) and (r) added vide H.P. Act No. 5 of 2002 and clause (q) along with
proviso deleted vide H.P. Act No. 3 of 2007.
34 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(3) Notwithstanding anything contained in sub-sections (1) and (2)

above -
(a) a disqualification under clause (e) of sub-section (2) shall not
take effect until three months have elapsed since the date of
such disqualification or if within these three months an appeal
or petition for revision is brought in respect of the conviction
or sentence until that appeal or petition is disposed of;
(b) a person shall not be deemed to have incurred any
disqualification under clause (f), or clause (g) of sub-section
(2) by reason only of his receiving-
(i) any pension; or
(ii) any allowance or facility for serving as a Mayor or
Deputy Mayor or as a Councillor; or
(iii) any fee for attendance at a meeting of any committee of
the Corporation;
(c) a person shall not be deemed to have any interest in a contract
or work such as is referred to in clause (i) of sub-section (2) by
reason only of his having a share or interest in -
(i) any lease, sale, exchange or purchase of immovable
property or any agreement for the same; or
(ii) any agreement for the loan of money or any security for
the payment of money only; or
(iii) any newspaper in which any advertisement relating to the
affairs of the Corporation is inserted; or
(iv) the sale to the Corporation or to any other municipal
authority or any officer or other employee of the
Corporation on behalf of the Corporation of any article in
which he regularly trades or the purchase from the
Corporation or from any such authority, officer or other
employee on behalf of the Corporation of any article of a
value in either case not exceeding five thousand rupees in
the aggregate in any year during the period of the contract
or work; or
(v) the letting out on hire to the Corporation or the hiring
from the Corporation of any article not exceeding two
thousand rupees in the aggregate in any year during the
period of the contract or work; and
(vi) any agreement or contract with the Corporation or any
other municipal authority for taking water or any other
thing which the Corporation may generally supply.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 35

(4) If a person sits or votes as a 1[XXXXXXXXXXX Councillor] of

the Corporation when he is not qualified or that he is disqualified for such
Councillor-ship, he shall be liable in respect of each day on which he so sits
or votes to a penalty of five hundred rupees to be recovered as an arrear of
tax under this Act.
(5) If any question arises as to whether a 2[XXXXXXXXXXX
Councillor] of the Corporation has become subject to any of the
disqualifications mentioned in sub-sections (1) and (2), the question shall be
referred for the decision of such authority and in such manner as the
Government may by notification provide.
(6) If a person who is chosen as a 3[XXXXXXXXXXX Councillor] of
the Corporation, becomes a Member of the House of the People, the Council
of States, the State Legislative Assembly, or is or becomes member of a
municipality, or an office bearer of a panchayat, then at the expiration of a
period of fifteen days from the date of publication of the election result, as
the case may be, within fifteen days from the date of the commencement of
term of office of a Member of the House of People, the Council of State, the
State Legislative Assembly or member of the municipality, or an office
bearer of a panchayat, his seat in a Corporation shall become vacant, unless
he has previously resigned his seat in the House of People, the Council of
States, the State Legislative Assembly, the panchayat or the municipality, as
the case may be.
Explanation.- For the purposes of sub-section (6), the expression
“office bearer of the panchayat” shall have the same meaning as is assigned to
it under clause (23) of section 2 of the Himachal Pradesh Panchayati Raj Act,
1994 (4 of 1994).
9. Election to the Corporation.- (1) The superintendence, direction
and control of the preparation of electoral rolls, delimitation of wards,
reservation and allotment of seats by rotation for, and the conduct of all
elections of the Corporation, shall be vested in the State Election
Commission.
(2) The Government as well as the Corporation shall, when so
requested by the State Election Commission, make available to the
Commission such staff 4[, material and monetary resources] as may be

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
3. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
4. Inserted vide H.P. Act No. 5 of 2002.
36 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

necessary for the discharge of the functions conferred on the State Election
Commission by sub-section (1).
(3) The Commission shall frame its own rules and lay down its own
procedure.
1
[9-A. Requisitioning of premises, vehicles etc. for election
purposes.- (1) If it appears to the State Government that in relation to the
Municipal Corporation,-
(a) any premises are needed or are likely to be needed for the
purpose of being used as a polling station or for the storage of
ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be
needed for the purpose of transport of ballot boxes to or from
any polling station, or transport of members of the police
force for maintaining order during the conduct of such
election, or transport of any officer or other person for
performance of any duties in connection with such election,
the State Government, may by order in writing, requisition
such premises, or such vehicle, vessel or animal, as the case
may be, and may make such further orders as may appear to it
to be necessary or expedient in connection with the
requisitioning:
Provided that no vehicle, vessel or animal which is being lawfully used
by a candidate or his agent for any purpose connected with the election of
such candidate shall be requisitioned under this sub-section until the
completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed
to the person deemed by the State Government to be the owner or person in
possession of the property and such order shall be served in the prescribed
manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the
period of such requisition shall not extend beyond the period for which such
property is required for any of the purposes mentioned in that sub-section.
(4) In this section,-
(a) “premises” means any land, building or part of building and
includes a hut, shed or other structure or any part thereof; and
(b) “vehicle” means any vehicle used or capable of being used for
the purpose of road transport, whether propelled by
mechanical power or otherwise.
9-B. Payment of compensation.- (1) Whenever in pursuance of
section 9-A, the State Government requisitions any premises, there shall be

1. Sections 9-A to 9-E inserted vide H.P. Act No. 5 of 2002.

 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 37

paid to the persons interested compensation the amount of which shall be

determined by taking into consideration the following, namely:-
(i) the rent payable in respect of the premises or if no rent is so
payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person
interested is compelled to change his residence or place of
business, the reasonable expenses (if any) incidental to such
change:
Provided that where any person interested being aggrieved by the
amount of compensation so determined makes an application within the
prescribed time to the State Government for referring the matter to an
arbitrator, the amount of compensation, to be paid shall be such as the
arbitrator appointed in this behalf by the State Government may determine:
Provided further that where there is any dispute as to the title to
receive the compensation or as to the apportionment of the amount of
compensation, it shall be referred by the State Government to an arbitrator
appointed in this behalf by the State Government for determination, and shall
be determined in accordance with the decision of such arbitrator.
Explanation.- In this sub-section, the expression “person interested”
means the person who was in actual possession of the premises
requisitioned under section 9-A immediately before the
requisition, or where no person was in such actual possession, the
owner of such premises.
(2) Whenever in pursuance of section 9-A, the State Government
requisitions any vehicle, vessel or animal, there shall be paid to the owner
thereof compensation the amount of which shall be determined by the State
Government on the basis of the fares or rates prevailing in the locality for the
hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being
aggrieved by the amount of compensation so determined make an application
within the prescribed time to the State Government for referring the matter to
an arbitrator, the amount of compensation to be paid shall be such as the
arbitrator appointed in this behalf by the State Government may determine:
Provided further that where immediately before the requisitioning the
vehicle or vessel was by virtue of hire-purchase agreement in the possession
of a person other than the owner, the amount determined under this sub-
section as the total compensation payable in respect of the requisition shall
be apportioned between that person and the owner in such manner as they
may agree upon, and in default of agreement, in such manner as an arbitrator
appointed by the State Government in this behalf may decide.
9-C. Release of premises from requisition.- (1) When any premises
requisitioned under section 9-A are to be released from requisition, the
possession thereof shall be delivered to the person from whom possession
was taken at the time when the premises were requisitioned, or if there were
38 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

no such person, to the person deemed by the State Government to be the

owner of such premises, and such delivery of possession shall be a full
discharge of the State Government from all liabilities in respect of such
delivery, but shall not prejudice any rights in respect of the premises which
any other person may be entitled by due process of law to enforce against the
person to whom possession of the premises is so delivered.
(2) Where the person to whom the possession of any premises
requisitioned under section 9-A is to be given under sub-section (1) cannot
be found or is not readily ascertainable or has no agent or any other person
empowered to accept delivery on his behalf, the State Government shall
cause a notice declaring that such premises are released from requisition to
be affixed on some conspicuous part of such premises and publish the notice
in the Official Gazette.
(3) When a notice referred to in sub-section (2) is published in the
Official Gazette, the premises specified in such notice shall cease to be
subject to requisition on and from the date of such publication and be
deemed to have been delivered to the person entitled to possession thereof;
and the State Government shall not be liable for any compensation or other
claim in respect of such premises for any period after the said date.
9-D. Delegation of functions of the State Government with regard
to requisitioning.- The State Government may, by notification in the
Official Gazette, direct that any powers conferred or any duty imposed on it
by any of the provisions of sections 9-A to 9-C shall, under such conditions,
if any, as may be specified in the direction, be exercised or discharged by
such officer or class of officers as may be so specified.
9-E. Deputation of staff and punishment on breach of official
duty.- (1) The State Government shall depute staff from Government or
Semi Government Organisations of the State Government for the conduct of
all elections to the Municipal Corporation and the officers or staff employed
in connection with the preparation, revision and correction of the electoral
rolls for, and the conduct of all elections shall be deemed to be on deputation
with the State Election Commission for the period during which they are so
employed and such officers and staff shall, during that period, be subject to
the control, superintendence and discipline of the State Election
Commission.
(2) If any person deputed on election duty under sub-section (1)
disobeys any orders issued by an officer appointed to conduct the election
under this Act regarding the performance of an election duty or deliberately
abstains himself from duty or contravenes any provision of this Act and the
rules made thereunder, he shall be punishable with fine which may extend to
five hundred rupees.]
10. Reservation of seats of Councillors.- (1) Seats shall be reserved
in the Corporation,-
(a) for the Scheduled Castes; and
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 39

(b) for the Scheduled Tribes;

and the number of seats so reserved shall bear as nearly as may be
same proportion to the total number of seats to be filled by direct election in
the Corporation as the population of the Scheduled Castes and the Scheduled
Tribes in the municipal area bears to the total population of the municipal
area:
Provided that in case no reservation of seats is possible as aforesaid
due to small population of the Scheduled Castes or the Scheduled Tribes and
the population of Scheduled Castes or of the Scheduled Tribes in the
municipal area is at least five per cent of the total population of the municipal
area, one seat shall be reserved for the Scheduled Castes, or the Scheduled
Tribes, as the case may be, in such a Corporation:
Provided further that where there is no eligible candidate belonging to
the Scheduled Castes, or the Scheduled Tribes, as the case may be, to be
elected as a member of the Corporation, no seat shall be reserved for
Scheduled Castes, or Scheduled Tribes, as the case may be:
Provided further that in non-tribal areas where there is Scheduled
Tribes population in a municipal area, seats shall be reserved for such
members of the Scheduled Tribes within the reservation provided for the
members of the Scheduled Castes and the determination of seats to be
reserved amongst the Scheduled Castes and Scheduled Tribes shall be in
proportion to their population in that municipal area.
Explanation. -The expression “non-tribal area” for the purpose of this
proviso shall mean the areas other than the Scheduled Areas
specified in relation to the State of Himachal Pradesh.
(2) 1[One-half] out of the total number of seats, reserved under sub-
section (1), shall be reserved for women belonging to the Scheduled Castes
or, as the case may be, the Scheduled Tribes.
(3) 2[One-half] (including the number of seats reserved for women
belonging to the Scheduled Castes and Scheduled Tribes) of the total number
of seats to be filled by direct election shall be reserved for women.
(4) The State Government may, by general or special order, reserve
such number of seats for persons belonging to Backward Classes in a
Corporation, not exceeding the proportion to the total number of seats to be
filled by direct election in the Corporation as the population of the persons
belonging to Backward Classes in that municipal area bears to the total
population of that area and may further reserve not less than 3[one half] of
the total seats reserved under this sub-section for women belonging to
Backward Classes.

1. Substituted for the words “One-third” vide H.P. Act No. 9 of 2008.
2. Substituted for the words “one-third” vide H.P. Act No. 9 of 2008.
3. Substituted for the words “one-third” vide H.P. Act No. 9 of 2008.
40 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(5) The seats reserved under sub-sections (1), (2), (3) and (4) shall be
allotted by rotation to different constituencies in the municipal area in such
manner as may be prescribed.
(6) The reservation of seats under sub-section (1), shall cease to have
effect on the expiration of the period specified in article 334 of the
Constitution of India.
(7) The reservation of seats under sub-sections (1) and (4) shall be
reviewed after every decennial census.
(8) The reservation of seats under this section shall be given effect to
through a notification issued, at the time of each election, by the State
Government.
11. Right to vote.- (1) For every municipal area there shall be a list of
voters which shall be prepared in accordance with the provisions of this Act
and the rules made thereunder.
(2) Every person who is qualified to be registered in Legislative
Assembly roll relatable to the municipal area or whose name is entered
therein and ordinarily resident within the municipal area shall be entitled to
be registered in the list of voters of that municipal area:
Provided that no person shall be entitled to be registered in the list of
voters for more than one ward of the municipal area.
Explanation-I.- The expression “ordinarily resident” shall have the
meaning assigned to it in section 20 of the Representation of the People Act,
1950 (43 of 1951) subject to the modification, that reference to
“constituency” therein will be construed as reference to “municipal area”.
Explanation-II.- A person shall be disqualified for registration in the
list of voters of the municipal area if he is disqualified for the registration in
the Legislative Assembly roll.
12. Filling of casual vacancies.- (1) Whenever a vacancy occurring
by death, resignation or removal, or by vacation of a seat for any other
reason, the vacancy shall be filled within six months of the occurrence of
such vacancy:
Provided that no election shall be held to fill a casual vacancy
occurring within six months prior to the holding of a general election.
(2) Every person elected or nominated to fill a casual vacancy shall be
elected or nominated to serve for the remainder of his predecessor's term of
office.
(3) If the vacancy be a vacancy reserved for any category, the vacancy
will be filled from the same category.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 41

13. Publication of results of elections.- The names of all persons

elected as 1[XXXXXXXXX Councillor] shall, as soon as may be after such
election be published by the State Election Commission in the Official
Gazette:
Provided that the names of all the Councillors elected at a general
election shall be so published as far as possible simultaneously.
[13-A. Account of election expenses and maximum 3[limit]
2

thereof.- (1) Every candidate at an election shall, either himself or by his

election agent, 4[or by any other person with his authority, consent or
knowledge] keep a separate and correct account of all expenditure in
connection with the election incurred or authorised by him or by his election
agent 5[or by any other person with his authority, consent or knowledge]
between the date on which he has been nominated and the date of declaration
of the result thereof, both dates inclusive.
(2) The account shall contain such particulars, as may be prescribed
by the State Government in consultation with the State Election Commission.
(3) The total of the said expenditure shall not exceed such amount as
may be prescribed by the State Government in consultation with the State
Election Commission.
13-B. Lodging of account.- Every contesting candidate at an election
shall, within thirty days from the date of election of the returned candidate
or, if there are more than one returned candidates at the election and the dates
of their election are different, the later of those two dates lodge with the
officer, as may be appointed by the State Election Commission, an account
of his election expenses which shall be a true copy of the account kept by
him or by his election agent 6[or by any other person with his authority,
consent or knowledge] under section 13-A.]
14. Election petitions.- (1) No election of a 7[XXXXXX] Councillor
shall be called in question except by any election petition presented to the

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. Sections 13-A and 13-B inserted by Act No. 12 of 1995, effective from 1st August,
1995.
3. Inserted vide H.P. Act No. 5 of 2002.
4. Inserted vide H.P. Act No. 5 of 2002.
5. Inserted vide H.P. Act No. 5 of 2002.
6. Inserted vide H.P. Act No. 5 of 2002.
7. In sub-section (1) the words “Deputy Commissioner” substituted by the words
“Revenue Commissioner” vide H.P. Act No. 5 of 2002, amended vide H.P. Act
No. 3 of 2007, again for the words “Councillor shall be called in question except
by an election petition presented to the Revenue Commissioner” the words and
sign “Mayor, Deputy Mayor and Councillor shall be called in question except by
any election petition presented to the Divisional Commissioner” substituted vide
H.P. Act No. 11 of 2010 again the words “Mayor, Deputy Mayor” omitted vide
H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
42 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Divisional Commissioner], having jurisdiction over that municipal area

hereinafter in this Chapter referred to as the prescribed authority within thirty
days from the date of the publication of the result of the election under
section 13.
(2) An election petition calling in question any such election may be
presented on one or more of the grounds specified in section 16, by any
candidate at such election or by any elector of the ward concerned.
(3) Petitioner shall join as respondents to his petition all the
candidates at the election.
(4) An election petition-
(a) shall contain a concise statement of the material facts on
which the petitioner relies;
(b) shall, with sufficient particulars, set forth the ground or
grounds on which the election is called in question; and
(c) shall be signed by the petitioner and verified in the
manner laid down in the Code of Civil Procedure, 1908
(5 of 1908), for the verification of pleadings.
1
[14-A. Parties to the petition.- A petitioner shall join as respondents
to his petition,-
(a) where the petitioner, in addition to claiming declaration that
the election of all or any of the returned candidates is void,
claims a further declaration that he himself or any other
candidate has been duly elected, all the contesting candidates
other than the petitioner, and where no such further
declaration is claimed, all the returned candidates; and
(b) any other candidate against whom allegations of any corrupt
practice are made in the petition.].
15. Relief that may be claimed by the petitioner.- A petitioner may
claim-
(a) a declaration that the election of all or any of the returned
candidates is void; and
(b) in addition thereto, a further declaration that he himself or any
other candidate has been duly elected.
Explanation.- The expression “returned candidate” means a candidate
whose name has been published in the Official Gazette, under section 13.
16. Grounds for declaring election to be void.- (1) Subject to the
provisions of sub-section (2), if the prescribed authority is of the opinion-

1. Section 14-A inserted vide H.P. Act No. 5 of 2002.

 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 43

(a) that on the date of his election a returned candidate was not
qualified or was disqualified, to be chosen as a
1
[XXXXXXXXXXX Councillor]; or
(b) that any corrupt practice has been committed by a returned
candidate or his agent or by any other person with the consent
of a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election in so far as it concerns, a
returned candidate has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interest of the
returned candidate by a person other than the candidate
or his agent or a person acting with the consent of such
candidate or agent; or
(iii) by the improper acceptance or refusal of any vote or
reception of any vote which is void; or
(iv) by the non-compliance with the provisions of this Act
or any rules or orders made thereunder;
prescribed authority shall declare the election of the returned candidate to be
void.
(2) If in the opinion of the prescribed authority, a returned candidate
or any of his agents, has been alleged to be guilty of any corrupt practice, but
the prescribed authority is satisfied-
(a) that no such corrupt practice was committed at the election by
the candidate, or such corrupt practice was committed
contrary to the orders, and without the consent of the
candidate;
(b) that the candidate took all reasonable means for preventing the
commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt
practice on the part of the candidate or any of his agents,
the prescribed authority may decide that the election of the returned
candidate is not void.
17. Procedure to be followed by the prescribed authority.- The
procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in
regard to suits shall be followed by the prescribed authority in the trial and
disposal of an election petition under this Act.

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
44 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

18. Decision of prescribed authority.- Subject to the provisions of

this Act and of any rules made thereunder every election petition shall be
decided by the prescribed authority within a period of six months from the
date of its presentation under section 14, and at the conclusion of the hearing
of an election petition, the prescribed authority shall make an order-
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates
to be void; or
(c) declaring the election of all or any of the returned candidates
to be void and the petitioner and any other candidate to have
been duly elected.
(2) If any person who has filed an election petition has, in addition to
calling in question the election of the returned candidate, claimed declaration
that he himself or any other candidate has been duly elected and the
prescribed authority is of opinion -
(a) that in fact the petitioner or such other candidate received a
majority of the valid votes; or
(b) that but for the vote obtained by the returned candidate the
petitioner or such other candidate would have obtained a
majority of the valid votes,
the prescribed authority shall after declaring the election of the
returned candidate to be void, declare the petitioner or such other candidate,
as the case may be, to have been duly elected.
19. Procedure in case of equality of votes.- If during the hearing of
an election petition it appears that there is an equality of votes between any
candidate at the election and that the addition of a vote would entitle any of
those candidate to be declared elected, then the prescribed authority shall
decide between them by lot and proceed as if the one on whom the lot falls
had received an additional vote.
20. Finality of decision.- (1) Save as otherwise provided, an order of
the prescribed authority on an election petition shall be final.
(2) An election of a 1[XXXXXXXXXXX Councillor] not called in
question in accordance with the foregoing provisions shall be deemed to be a
good and valid election.
(3) Any person aggrieved by the order of the prescribed authority may
file an appeal to the 2[Financial Commissioner (Appeal) to the Government
of Himachal Pradesh or such other officers, as may be authorised, by
notification, by the State Government in consultation with the State Election

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. Substituted for the word “Director” vide H.P. Act No. 5 of 2002.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 45

Commission], within a period of thirty days from the date of the order and he
shall hear and dispose of the appeal within a period of ninety days.
21. Corrupt practices.- The following shall be deemed to be corrupt
practices, namely:-
(1) Bribery as defined in sub-section (1) of section 123 of the
Representation of the People Act, 1951 (43 of 1951);
(2) Undue influence as defined in sub-section (2) of the said
section;
(3) An appeal by a candidate or his agent or by any other person
with the consent of the candidate or his election agent to vote
or refrain from voting on grounds of caste, race, community
or religion or the use of or appeal to, religious symbols or, the
use of or appeal to, national symbols such as the national flag
or the national emblem, for the furtherance of the prospects of
that candidate's election;
(4) The publication by a candidate or his agent or by any other
person with the consent of the candidate or his election agent
of any statement of fact which is false, and which he either
believes to be false or does not believe to be true, in relation
to the personal character or conduct of any candidate, or in
relation to the candidature, or withdrawal from contest of any
candidate being a statement reasonably calculated to
prejudice the prospects of that candidate's election;
1
[(4-A) The promotion of, or attempt to promote, feelings of enmity
or hatred between different classes of citizen of India on
grounds of religion, race, caste, community or language, by a
candidate or his agent or any other person with the consent of
candidate or his agent for the furtherance of the prospects of
the election of that candidate or for prejudicially affecting the
election of any candidate.]; and
(5) The hiring or procuring, whether on payment or otherwise, of
any vehicle or vessel by a candidate or his agent or by any
other person with the consent of the candidate or his election
agent for conveyance of any elector (other than the candidate
himself, and the members of his family or his agent) to or
from any polling station provided in accordance with the rules
made under this Act:
2
[(5-A) the incurring, or authorising, of expenditure in contravention
of section 13-A:]

1. Sub-section (4-A) inserted vide H.P. Act No. 5 of 2002.

2. Sub-section (5-A) added vide H.P. Act No. 12 of 1995, effective from 1st August,
1995.
46 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Provided that the hiring of a vehicle or vessel by an elector or by

several electors at their joint cost for the purpose of conveying him or them
to or from any such polling station shall not be deemed to be a corrupt
practice under this clause, if the vehicle or vessel so hired is a vehicle or
vessel not propelled by mechanical powers:
Provided further that the use of any public transport vehicle or vessel
or any railway carriage by an elector at his own cost for the purpose of going
to or coming from any such polling station shall not be deemed to be a corrupt
practice under this sub-section;
Explanation.- In this sub-section the expression “vehicle” means any
vehicle used or capable of being used for the purpose of road
transport whether propelled by mechanical power or otherwise
and whether used for drawing other vehicles or otherwise.
(6) The holding of any meeting in which intoxicating liquors are
served.
(7) The issuing of any circular, placard or poster having a
reference to the election which does not bear the name and
address of the printer and publisher thereof.
1
[(7-A) The obtaining or procuring or abetting or attempting to obtain
or procure by a candidate or his agent, or by any other person
with the consent of the candidate or his agent, any assistance
(other than the giving of vote) for the furtherance of the
prospects of that candidate's election, from any person in the
service of the Government of India or any State or a local
authority.]
(8) Any other practice which the Government may by rules
specify to be corrupt practice.
22. Maintenance of secrecy of voting.- (1) Every officer, or official,
agent or other person who performs any duty in connection with the
recording or counting of votes at an election, shall maintain and aid in
maintaining the secrecy of the voting and shall not (except for some purpose
authorised by or under any law) communicate to any person any information
calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1),
shall be punishable with imprisonment for a term which may extend to three
months or with fine, or with both.
23. Officers etc. at elections not to act for candidates or to
influence voting.- (1) No person who is a returning officer, or an assistant
returning officer or a presiding officer or polling officer at an election or an
officer or official appointed by the returning officer or the presiding officer
to perform any duty in connection with an election or a member of a police
force, shall, in the conduct or management of the election do any act (other

1. Sub-section (7-A) inserted vide H.P. Act No. 5 of 2002.

 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 47

than the giving of votes) for the furtherance of the prospects of the election
of a candidate.
(2) No such person as aforesaid shall endeavour-
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person for giving his vote at an election; or
(c) to influence the voting of any person at an election in any
manner.
(3) Any person who contravenes the provisions of sub-section (1) or
sub-section (2) shall be punishable with imprisonment for a term which may
extend to six months or with fine, or with both.
1
[(4) An offence punishable under sub-section (3) shall be
cognizable.]
24. Prohibition of canvassing in or near polling station and of
public meeting on election day.- (1) No person shall, on the date or dates on
which the poll is taken at any polling station, commit any of the following
acts within the polling station, or in any public or private place within a
distance of one hundred metres of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the votes of any elector; or
(c) persuading any elector not to vote for any particular
candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice)
relating to the election.
2
[(2) No person shall,-
(a) convene, hold, attend, join or address any public meeting or
procession in connection with an election; or
(b) display to the public any election matter by means of
cinematography, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or by
arranging the holding of, any musical concert or any theatrical
performance or any other entertainment or amusement with a
view to attracting the members of the public thereto;
in any polling area during the period of forty-eight hours ending with the
hour fixed for the conclusion of poll for any election in that polling area.

1. Sub-section (4) added vide H.P. Act No. 5 of 2002.

2. Sub-sections (2) and (3) substituted vide H.P. Act No. 5 of 2002.
48 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(3) Any person who contravenes the provisions of sub-section (1) or

sub-section (2) shall be punishable with imprisonment for a term which may
extend to two years, or with fine not exceeding rupees ten thousand, or with
both.
Explanation.- In this section the expression “election matter” means
any matter intended or calculated to influence or affect the result of an
election.]
(4) An offence committed under sub-section (1) or sub-section (2)
shall be cognizable.
25. Penalty for disorderly conduct in or near polling station.- (1)
No person shall, on the date or dates on which a poll is taken at any polling
station,-
(a) use or operate within or at the entrance of the polling station
or in any public or private place in the neighbourhood thereof
any apparatus for amplifying or reproducing the human voice,
such as a megaphone or a loud speaker; or
(b) shout or otherwise act in a disorderly manner, within or at the
entrance of the polling station, or in any public or private
place in the neighbourhood thereof;
so as to cause annoyance to any person visiting the polling station for
the poll, or so as to interfere with the work of the officer and other persons
on duty at the polling station.
(2) Any person who contravenes or wilfully aids or abets the
contravention of the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to three months, or with fine, or
with both.
(3) If the presiding officer of a polling station has reason to believe
that any person is committing or has committed an offence punishable under
this section, he may direct any police officer to arrest such person, and
thereupon the police officer shall arrest him.
(4) Any police officer may take such steps and use such force as may
be reasonably necessary for preventing any contravention of the provisions
of sub-section (1), and may seize any apparatus used for such contravention.
26. Penalty for misconduct at the polling station.- (1) Any person
who during the hours fixed for the poll at any polling station, misconducts
himself or fails to obey the lawful directions of the presiding officer, may be
removed from the polling station by the presiding officer or by any police
officer on duty or by any person authorised in this behalf by such presiding
officer.
(2) The power conferred by sub-section (1) shall not be exercised so
as to prevent any elector who is otherwise entitled to vote at a polling station
from having an opportunity of voting at that station.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 49

(3) If any person who has been so removed from a polling station re-
enters the polling station without the permission of the presiding officer, he
shall be punishable with imprisonment for a term which may extend to three
months or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
27. Breaches of official duty in connection with election.- (1) If any
person to whom this section applies, is without reasonable cause guilty of
any act or omission in breach of his official duty, he shall be punishable with
fine which may extend to five hundred rupees. An offence punishable under
this section shall be cognizable.
(2) No suit or other legal proceeding shall lie against any such person
for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are returning officers,
assistant returning officers, presiding officers, polling officers and any other
person appointed to perform any duty in connection with receipt of
nominations or withdrawal of candidatures or the recording or counting of
votes at an election; and the expression “official duty” shall for the purposes
of this section be construed accordingly.
28. Removal of ballot papers from polling station to be an
offence.- (1) Any person who at an election fraudulently takes or attempts to
take a ballot paper out of a polling station, or wilfully aids or abets the doing
of any such act shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to five hundred rupees, or
with both.
(2) If the presiding officer of a polling station has reason to believe
that any person is committing or has committed an offence punishable under
sub-section (1), such officer may, before such person leaves the polling
station, arrest or direct a police officer to arrest such person and may search
such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched,
the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be
made over for safe custody to a police officer by the presiding officer or
when the search is made by a police officer, shall be kept by such officer in
safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
29. Offence of booth capturing.- Whoever commits an offence of
booth capturing, shall be punishable with imprisonment for a term which
shall not be less than six months but which may extend to two years and with
fine, and where such offence is committed by a person in the service of the
Government, he shall be punishable with imprisonment for a term which
shall not be less than one year but which may extend to three years and with
fine.
50 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Explanation.- For the purposes of this section, “booth capturing”

includes, among other things, all or any of the following activities, namely:-
(a) seizure of a polling station or a place fixed for the poll by any
person or persons making polling authorities surrender the
ballot papers or voting machines and doing of any other act
which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the
poll by any person or persons and allowing only his or their
own supporters to exercise their right to vote and prevent
others from voting;
(c) threatening any elector and preventing him from going to the
polling station or a place fixed for the poll to cast his vote;
(d) seizure of a place for counting of votes by any person or
persons making the counting authorities surrender the ballot
papers or voting machine and the doing of anything which
affects the orderly counting of votes;
(e) doing by any person in the service of Government, of all or
any of the aforesaid activities or aiding or conniving at, any
such activity in the furtherance of the prospects of the election
of a candidate.
30. Other offences and penalties.- (1) A person shall be guilty of an
electoral offence, if at any election he-
(a) fraudulently defaces, destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or
other document affixed by or under the authority of the
returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the
official mark on any ballot paper or any declaration of
identify or official envelope used in connection with voting
by postal ballot; or
(d) without due authority supplies any ballot paper to any person
or receives any ballot paper from any person or is in
possession of any ballot paper; or
(e) fraudulently puts into any ballot-box anything other than the
ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise
interferes with any ballot box or ballot paper then in use for
the purpose of the election; or
(g) fraudulently or without due authority, as the case may be,
attempts to do any of the foregoing acts or wilfully aids or
abets the doing of any such acts.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 51

1
[(h) violates the Model Code of Conduct issued by the State
Election Commission.]
(2) Any person guilty of an offence under this section shall-
(a) if he is a returning officer or an assistant returning officer or a
presiding officer or a polling officer or any other officer or
official employed on official duty in connection with the
election, be punishable with imprisonment for a term which
may extend to two years, or with fine, or with both;
(b) if he is any other person, be punishable with imprisonment for
a term which may extend to six months, or with fine, or with
both.
(3) For the purposes of this section, a person shall be deemed to be on
official duty if his duty is to take part in the conduct of any election or part of
an election including the counting of votes or to be responsible after an
election for the used ballot papers and other documents in connection with
such election.
(4) An offence punishable under sub-section (2) shall be cognizable.
(5) No court shall take cognizance of any offence under section 24, or
under section 28, or under clause (a) of sub-section (2) of this section unless
there is a complaint made by order of, or under authority from, the State
Election Commissioner.
2
[30-A. Promoting enmity between classes of citizen in connection
with the election.- Any person who in connection with an election under this
Act promotes or attempts to promote on grounds of religion, race, caste,
community or language, feelings of enmity or hatred between different
classes of the citizen of India shall be punishable with imprisonment for a
term which may extend to three years, or with fine, or with both.
30-B. Disturbances at election meetings.- (1) Any person who at a
public meeting to which this section applies acts or incites others to act, in a
disorderly manner for the purpose of preventing the transaction of the
business for which the meeting was called together, shall be punishable with
imprisonment for a term which may extend to six months, or with fine which
may extend to two thousand rupees, or with both.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) This section applies to any public meeting of a political character
held in any constituency between the date of the issue of a notification under
this Act calling upon constituency to elect a member or members and the
date on which election is held.
(4) If any police officer reasonably suspects any person of committing
an offence under sub-section (1), he may, if requested so to do by the

1. Clause (h) added vide H.P. Act No. 5 of 2002.

2. Sections 30-A to 30-I inserted vide H.P. Act No. 5 of 2002.
52 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Chairman of the meeting require that person to declare to him immediately

his name and address and, if the persons refuses or fails to declare his name
and address, or if the police officer reasonably suspects him of giving a false
name or address, the police officer may arrest him without warrant.
30-C. Restrictions on the printing of pamphlets, posters etc.- (1)
No person shall print or publish, or cause to be printed or published, any
election pamphlet or poster which does not bear on its face the names and
addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet
or poster-
(a) unless a declaration as to the identity of the publisher thereof,
signed by him and attested by two persons to whom he is
personally known, is delivered by him to the printer in
duplicate; and
(b) unless within reasonable time after the printing of the
document, one copy of the declaration is sent by the printer,
together with one copy of the document,-
(i) where it is printed in the Capital of the State, to the State
Election Commission; and
(ii) in any other case, to the District Magistrate of the
district, it is printed.
(3) For the purposes of this section,-
(a) any process for multiplying copies of a document, other than
copying it by hand, shall be deemed to be printed and the
expression “printer” shall be construed accordingly; and
(b) “election pamphlet or poster” means any printed pamphlet,
hand-bill or other document distributed for the purpose of
promoting or prejudicing the election of a candidate or group
of candidates or any placard or poster having reference to an
election, but does not include any hand-bill, placard or poster
merely announcing the date, time, place and other particulars
of an election meeting or routine instructions to election
agents or workers.
(4) Any person who contravenes any of the provisions of sub-section
(1) or sub-section (2) shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to two
thousand rupees, or with both.
30-D. Penalty for failure to observe procedure for voting.- If any
elector to whom a ballot paper has been issued, refuses to observe the
procedure prescribed for voting, the ballot paper issued to him shall be liable
for cancellation.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 53

30-E. Penalty for illegal hiring or procuring of conveyance at

elections.- If any person is guilty of any such corrupt practices as specified in
sub-section (5) of section 21 of this Act, at or in connection with an election,
he shall be punishable with imprisonment which may extend to three months,
or with fine.
30-F. Penalty for Government servants for acting as election
agent, polling agent or counting agent.- If any person in the service of the
Government acts as an election agent or a polling agent or a counting agent
of a candidate at an election, he shall be punishable with imprisonment for a
term which may extend to three months, or with fine, or with both.
30-G. Prohibition of going armed to or near a polling station.- (1)
No person, other than the returning officer, the presiding officer, any police
officer and any other person appointed to maintain peace and order at a
polling station who is on duty at the polling station, shall, on a polling day,
go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any
kind within the neighbourhood of polling station.
(2) If any person contravenes the provisions of sub-section (1), he
shall be punishable with imprisonment for a term which may extend to two
years, or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of
1959), where a person is convicted of an offence under this section, the arms
as defined in the said Act found in his possession shall be liable to
confiscation and the licence granted in relation to such arms shall be deemed
to have been revoked under section 17 of that Act.
(4) An offence punishable under sub-section (2) shall be cognizable.
30-H. Grant of paid holiday to employees on the day of poll.- (1)
Every person employed in any business, trade, industrial undertaking or any
other establishment and entitled to vote at election to the Municipal
Corporation shall, on the day of poll, be granted a holiday.
(2) No deduction or abatement of the wages of any such person shall
be made on account of a holiday having been granted in accordance with
sub-section (1) and if such person is employed on the basis that he would not
ordinarily receive wages for such a day, he shall nonetheless be paid for such
day the wages he would have drawn had not a holiday been granted to him
on that day.
(3) If an employer contravenes the provisions of sub-section (1) or
sub-section (2), then such employer shall be punishable with fine which may
extend to five hundred rupees.
(4) This section shall not apply to any elector whose absence may
cause danger or substantial loss in respect of the employment in which he is
engaged.
30-I. Liquor not to be sold, given or distributed on polling day.-
(1) No spirituous, fermented or intoxicating liquors or other substances of a
54 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

like nature shall be sold, given or distributed at a hotel, catering house,

tavern, shop or any other place, public or private, within a polling area during
the period of forty-eight hours ending with the hour fixed for the conclusion
of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1),
shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the
spirituous, fermented or intoxicating liquors or other substances of a like
nature found in his possession shall be liable to confiscation and the same
shall be disposed off in such manner as may be prescribed.]
31. Power to make rules regulating the election of
1
[XXXXXXXXXXX Councillors].- (1) The Government may in consultation
with State Election Commission make rules to provide for or regulate all or
any of the following matters for the purpose of holding elections of a
Councillors under this Act, namely:-
(a) qualifications of elector and the preparation, publication,
correction and revision of electoral rolls;
(b) the appointment of returning officers, assistant returning
officers presiding officers and polling officers for the conduct
of election;
(c) the nomination of candidates, form of nomination papers,
objections to nominations and scrutiny of nominations and
allotment of symbols to candidates;
(d) the deposits to be made by candidates, time and manner of
making such deposits and the circumstances under which
such deposits may be refunded to candidates or forfeited to
the Corporation;
(e) the withdrawal of candidature;
(f) the appointment of agents of candidates;
(g) the procedure in contested and uncontested elections;
(h) the date, time and place for poll and other matters relating to
the conduct of elections including -
(i) the appointment of polling stations for each ward;
(ii) the hours during which the polling station shall be kept
open for the casting of votes;

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 55

(iii) the printing and issue of ballot papers;

(iv) the checking of voters by reference to electoral roll;
(v) the making with indelible ink of the left fore-finger or
any other finger or limb of the voter and prohibition of
the delivery of the ballot paper to any person if at the
time such person applies for such paper he has already
such mark, so as to prevent personation of voters;
(vi) the manner in which votes are to be given and in
particular in the case of illiterate voters or of voters
under physical or other disability;
(vii) the procedure to be followed in respect of challenged
votes and tendered votes;
(viii) the scrutiny of votes, counting of votes, the declaration
of the results and the procedure in case of equality of
votes or in the event of a 1[XXXXXXXXXXX
Councillor] being elected to represent more than one
ward;
(ix) the custody and disposal of papers relating to elections;
(x) the suspension of polls in case of any interruption by
riot, violence or any other sufficient cause and the
holding of a fresh poll;
(xi) the holding of a fresh poll in the case of destruction of
or tampering with the ballot boxes before the count;
(xii) the countermanding of the poll in the case of the death
of a candidate before the poll;
(i) the requisitioning of premises, vehicles, vessels or animals,
payment of compensation in connection with such
requisitioning, eviction from requisitioned premises and
release of premises from requisition;
(j) the fee to be paid on an election petition;
(k) any other matter relating to elections or election disputes
which is to be prescribed or in respect of which the
Government deems it necessary to make rules under this
section or in respect of which this Act makes no provisions or
makes insufficient provision and provision is, in the opinion
of the Government, necessary.

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
56 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(2) Any person who contravenes the provisions of any rule framed
under this section shall be punishable with fine which may extend to one
thousand rupees.
32. Bar to interference by Courts in electoral matters.-
Notwithstanding anything in this Act, the validity of any law relating to the
delimitation of constituencies or the allotment of seats to such constituencies,
made or purporting to be made under article 243-K of the Constitution of
India shall not be called in question in any Court.
33. Oath or affirmation by a 1[XXXXXXXXXXX Councillor].- (1)
Every a 2[XXXXXXXXXXX Councillor] shall, before taking his seat, make
and subscribe at a meeting of the Corporation an oath or affirmation
according to the following form, namely:-
“I A.B. having been elected/nominated as a 3[XXXXXXXXXXX
Councillor] of the Municipal Corporation of............... do swear in the name
of God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will faithfully discharge
the duty upon which I am about to enter.”
(2) If a person sits or votes as a 4[XXXXXXXXXXX Councillor]
before he has complied with the requirements of sub-section (1), he shall be
liable in respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as an arrear of tax under this Act, and his
vote will be considered invalid.
34. Removal of and resignation by Councillors.- (1) The
Government may, by notification, remove any Councillor, if in its opinion -
(a) he becomes subject to any of the disqualifications mentioned
in section 8; or
(b) he has flagrantly abused his position as a Councillor or has
through negligence or misconduct been responsible for the
loss or misapplication of any money or property of the
Corporation;
(c) he has become physically or mentally incapacitated for
performing his duties as a Councillor; or

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
3. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
4. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 57

(d) he absents himself during three successive months from the

meetings of the Corporation; or
(e) he acts in contravention of the provisions of section 61; or
1
[(f) he has without reasonable cause in the opinion of the State
Government fails to convene more than three consecutive
meetings of the Ward Committee:]
Provided that before making an order under this section, reasonable
opportunity shall be given to the Councillor to be heard and to show cause
against such an order.
(2) If a Councillor resigns his seat by writing under his hand
addressed to the Commissioner, he shall cease to be a Councillor on the date
of acceptance of his resignation and his office shall thereupon fall vacant.
2
[XXXXXXXXXXXXXXXXXXXXXXXXX.]
35. Payment of allowances to Councillors.- The Councillors shall be
entitled to receive allowances for attendance at meetings of the Corporation
and of its committees at such rates as may be prescribed subject to the limits
as may be imposed by the Government.
36. 3[Election] of Mayor, Deputy Mayor and their term of office.-
4
[(1) The Corporation shall at its first meeting and thereafter at the expiration
of every two and half years, elect one of its Councillors to be the Chairperson
to be known as the Mayor and another Councillor to be the Deputy Mayor of
the Corporation:
Provided that the office of the Mayor shall be reserved for the
Scheduled Castes, Scheduled Tribes and Women; by rotation or by lots in the
manner prescribed:
Provided further that where the population of any class of persons
referred to in the foregoing proviso is less than fifteen percent of the total
population of the Municipal area, the office of the Mayor shall not be reserved
for that class.
(2) The term of office of the Mayor and the Deputy Mayor of the

1. Clause (f) inserted vide H.P. Act No. 11 of 2010.

2. Section 34-A. inserted vide H.P. Act No. 11 of 2010 and omitted vide H.P. Act
No. 48 of 2013, effective from. 27th July, 2013.
3. Substituted for the words “Annual election” vide H.P. Act No. 3 of 1998
effective from 2nd 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.
4. Sub-Section (1) amended vide H.P. Act No. 3 of 1998, sub-sections (1) and (2)
substituted vide H.P. Act No. 11 of 2010, amended vide H.P. Act No. 4 of 2012
and again substituted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
58 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Corporation shall be two and half years from the date of his election, as such,
unless in the meantime he resigns his office as Mayor or Deputy Mayor or
unless in the case of Deputy Mayor is elected as the Mayor and he shall cease
to hold his office on the expiry of his term of office:
Provided that if the office of the Mayor or Deputy Mayor is vacated
or falls vacant during the tenure on account of death, resignation or no-
confidence motion, a fresh election within a period of one month of the
vacancy shall be held from the same category, for the remainder period:]
(3) The Mayor and Deputy Mayor shall be entitled to the payment of
such honorarium and may be given such facilities in respect of residential
accommodation, telephone, conveyance and the like as may be prescribed by
bye-laws.
(4) The Mayor or the Corporation shall have access to the record of
the Corporation and issue directions to the Commissioner or other
functionaries of the Corporation or call for reports from them with a view to
ensuring proper implementation of the decisions of the Corporation.
(5) The Mayor shall have such powers as may be necessary to carry
out the purposes of this Act and to implement the decisions of the
Corporation.
1
[37.Motion of no confidence against Mayor or Deputy Mayor.-
(1) A motion of no confidence against the Mayor or the Deputy Mayor may
be made in accordance with the procedure as may be prescribed.
(2) Where a notice of intention to move a resolution requiring the
Mayor or the Deputy Mayor of the Corporation to vacate his office, signed by
not less than majority of its total elected Councillors is given and if a motion
of no confidence is carried by a resolution passed by a majority of elected
Councillors present and voting at its general or special meeting, the quorum of
which is not less than one-half of its total elected members, the Mayor or the
Deputy Mayor against whom such resolution is passed shall cease to hold
office forthwith.
(3) Notwithstanding anything contained in this Act or the rules made
thereunder, the Mayor or the Deputy Mayor of the Corporation shall not
preside over a meeting in which a motion of no confidence is to be discussed
against him. Such meeting shall be presided over by such a person, and
convened in such manner, as may be prescribed and the person against whom
a motion of no confidence is moved, shall have a right to vote and to take part
in the proceedings of such meeting.
(4) Motion of no confidence under this section shall not be
maintainable within six months of the date of his election to such office and
any subsequent motion of no confidence shall not be maintainable within the
interval of six months of the last motion of no confidence.]

1. Section 37 omitted vide H.P. Act No. 11 of 2010 and again inserted vide H.P. Act
No. 48 of 2013, effective from. 27th July, 2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 59

38. Discharge of functions of the Mayor by Deputy Mayor.- (1)

When the office of the Mayor is vacant, the Deputy Mayor shall act as
Mayor until a new Mayor is elected.
(2) When the Mayor is absent from duty on account of illness or any
other cause, the Deputy Mayor, shall act, as Mayor during his absence.
39. Resignation of Mayor and Deputy Mayor.- (1) The Mayor may,
by writing under his hand addressed to the Deputy Mayor, resign his office:
1
[Provided that if the office of the Deputy Mayor is vacant, then the
Mayor may submit his resignation to the Deputy Commissioner of the
District.]
(2) The Deputy Mayor may, by writing under his hand addressed to
the Mayor, resign his office:
2
[Provided that if the office of the Mayor is vacant, then the Deputy
Mayor may submit his resignation to the Deputy Commissioner of the
District.]
(3) A resignation under sub-section (1) or sub-section (2) shall take
effect from the date of its acceptance by the Mayor or Deputy Mayor, 3[or the
Deputy Commissioner] as the case may be.
40. Standing Committees.- (1) The Corporation shall have the
following standing committees, namely:-
(a) General Functions Committee;
(b) Finance, Contracts and Planning Committee; and
(c) Social Justice Committee.
(2) Each standing committee shall consist of not less than three and
not more than five Councillors including the Mayor or Deputy Mayor, as the
case may be, elected by the Councillors of the Municipal Corporation from
amongst elected Councillors:
Provided that Social Justice Committee shall include at least one
member who may be a woman or a member of a Scheduled Caste or of a
Scheduled Tribe.
(3) The General Functions Committee shall perform functions relating
to the establishment matters, communications, construction of buildings and
roads, urban housing, relief against natural calamities, water supply,
sewerage disposal, health and sanitation and all miscellaneous residuary
matters.
(4) The Finance, Contracts and Planning Committee shall perform the
functions relating to the finances of the Corporation, preparation of budget,

1. Proviso inserted vide H.P. Act No. 11 of 2010.

2. Proviso to Sub-section (2) inserted vide H.P. Act No. 11 of 2010.
3. Substituted vide H.P. Act No. 11 of 2010.
60 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

scrutinising proposals for increase of revenue including taxes, examination of

receipts and expenditure statement, sales and leases of Corporation
properties, recovery of loans, examination of schedule of rates, consideration
of all proposals affecting the finances of the Corporation and general
supervision of the revenue and expenditure of the Corporation and any other
functions relating to the development of the municipal area.
(5) The social Justice Committee shall perform functions relating to-
(a) promotion of education, economic, social, cultural and other
interests of the Scheduled Castes, Scheduled Tribes,
Backward Classes; and weaker sections of the society;
(b) protection from social injustice and all other forms of
exploitation;
(c) amelioration of the Scheduled Castes, Scheduled Tribes and
Backward Classes including other weaker sections of society;
(d) securing social justice to the Scheduled Castes, Scheduled
Tribes, women and other weaker sections of the society.
(6) The Mayor shall be the ex-officio member and also Chairman of
the General Functions Committee and Finance, Contracts and Planning
Committee. The Deputy Mayor shall be the ex-officio member and Chairman
of the Social Justice Committee:
Provided that if the Deputy Mayor acts as the Mayor of the
Corporation, the members of the Social Justice Committee or any other
standing committee of which the Deputy Mayor, is the ex-officio member
and the Chairman, the members of Committee shall elect its Chairman from
amongst themselves.
(7) No elected member of the Corporation shall be eligible to serve on
more than two standing committees at a time,
(8) A Standing Committee may with the approval of the Corporation,
co-opt not more than two persons who are not Councillors of the Corporation
but who in the opinion of the Corporation possess special qualifications for
serving on such a committee:
Provided that such co-opted members shall not be deemed to be
Councillors of the Corporation and shall have no right to vote in any capacity
whatsoever but shall be entitled to participate in all the proceedings of the
committee in an advisory capacity.
(9) The Chairman of every committee shall in respect of the work of
the committee, be entitled to call for any information, return, statement,
account or report from the office of the Corporation and to enter on and
inspect any immovable property of the Corporation or work in progress
connected with the work of the committee.
(10) Each committee shall be entitled to attendance at its meetings of
any officer of the municipal Corporation who is connected with the work of
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 61

the committee. The Commissioner shall under the instructions of the

committee, issue notices and secure the attendance of the officer.
(11) The Corporation may frame regulations relating to election of
members of the Standing Committees, conduct of business therein, and all
other matters relating thereto.
(12) The Commissioner, or the Joint/Assistant Commissioner,
appointed under section 46, shall be the ex-officio Member Secretary of the
Standing Committee.
CHAPTER-III
FUNCTIONS OF THE CORPORATION
41. General powers of Corporation.- (1) Subject to the provisions of
this Act and the rules, regulations and bye-laws made thereunder, the
municipal administration of the municipal area shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-
section (1), it shall be the duty of the Corporation to consider all periodical
statements of the receipts and disbursement and all progress reports and pass
such resolutions thereon as it deems fit.
42. Functions of Corporation to be entrusted by the Government.-
(1) Without prejudice to the generality of the provision of sub-section (1) of
section 41, the State Government shall by notification endow the Corporation
with such powers and authority as may be necessary from time to time to
enable it to function as institution of Local Self Government, subject to such
conditions as may be specified therein, with regard to,-
(a) the preparation of plans for economic development and social
justice;
(b) the performance of functions and implementation of schemes
which may be entrusted to it including the functions in
respect of the following matters, namely:-
(i) urban planning including town planning;
(ii) regulation of land-use and construction of buildings;
(iii) planning for economic and social development;
(iv) roads and bridges;
(v) water supply for domestic, industrial and commercial
purposes;
(vi) public health, sanitation, conservancy and solid waste
management;
(vii) fire services;
(viii) urban forestry, protection of the environment and
promotion of ecological aspects;
62 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(ix) safeguarding the interests of weaker sections of the

society, including the handicapped and mentally
retarded;
(x) slum improvement and up-gradation;
(xi) urban poverty alleviation;
(xii) provision of urban amenities and facilities such as parks,
gardens and play grounds;
(xiii) promotion of cultural, educational and aesthetic aspects;
(xiv) burials and burial grounds, cremations and cremation
grounds and electric crematoriums.
(xv) cattle pounds, prevention of cruelty to animals;
(xvi) vital statistics including registration of births and deaths;
(xvii) public amenities including street lighting, parking lots,
bus stops and public conveniences;
(xviii) regulation of slaughter houses and tanneries:
Provided that the notification regarding the devolution of powers
under this sub-section shall be issued within three months from the date of
the commencement of this Act, in the first instance.
(2) Nothing contained in this section shall be construed to divest the
Corporation of various powers and functions vested in it under various
provisions of this Act, rules, bye-laws made thereunder.
43. Obligatory functions of Corporation.- It shall be incumbent on
the Corporation to make adequate provisions by any means or measures
which it may lawfully use or take for each of the following matters, namely:-
(a) the construction, maintenance and cleaning of drains and
drainage works and of public latrines, urinals and similar
conveniences;
(b) the construction and maintenance of works and means for
providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and
other obnoxious or polluted matters;
(d) the reclamation of unhealthy localities, the removal of
noxious vegetation and generally the abatement of all
nuisances;
(e) the regulation of places for the disposal of the dead and the
provision and maintenance of places for the said purpose;
(f) the construction and maintenance of cattle pond;
(g) measures for preventing and checking the spread of
dangerous diseases;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 63

(h) the construction and maintenance of municipal markets and

the regulation thereof;
(i) the regulation and abatement of offensive or dangerous trades
or practices;
(j) the securing or removal of dangerous buildings and places;
(k) the construction, maintenance, alteration and improvements
of public streets, bridges, culverts, cause ways and the like;
(l) the lighting, watering and cleaning of public streets and other
public places;
(m) the removal of obstructions and projections in or upon streets,
bridges and other public places;
(n) the naming and numbering of streets and premises;
(o) the maintenance of municipal offices;
(p) the laying out of the maintenance of public parks, gardens or
recreation grounds;
(q) the maintenance of monuments and memorials vested in a
local authority in the municipal area immediately before the
commencement of this Act or which may be vested in the
Corporation after such commencement;
(r) the maintenance and development of the value of all
properties vested in or entrusted to the management of the
Corporation;
(s) the fulfilment of any other obligation imposed by or under
this Act or any other law for the time being in force;
(t) planting and care of trees on road sides etc.; and
(u) survey of buildings and lands.
44. Discretionary functions of the Corporation.- The Corporation
may provide either wholly or in part for all or any of the following matters,
namely:-
(a) the furtherance of education including cultural and physical
education;
(b) the establishment and maintenance of, and aid to, libraries,
museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to stadia,
gymnasia, akharas and places for sports and games;
(d) the civic reception to persons of distinction;
(e) the providing of music or other entertainments in public
places or places of public resort and the establishment of
theatres and cinemas;
64 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(f) the organisation and management of fairs and exhibitions;

(g) the construction and maintenance of-
(i) rest houses;
(ii) poor houses;
(iii) infirmaries;
(iv) children's homes;
(v) houses for the deaf and dumb and for disabled and
handicapped children;
(vi) shelters for destitute and disabled persons;
(vii) asylums for persons of unsound mind;
(h) the building or purchase and maintenance of dwelling houses
for Corporation officers and other Corporation employees;
(i) any measures for the welfare of the Corporation officers and
other Corporation employees or any class of them, including
the sanctioning of loans to such officers and employees or
any class of them for construction of houses and purchase of
vehicles;
(j) the organisation or management of chemical or
bacteriological laboratories for the examination or analysis of
water, food and drugs for the detection of diseases or research
connected with the public health or medical relief;
(k) the provision for relief to destitute and disabled persons;
(l) public vaccination and inoculation;
(m) the organisation, construction, maintenance and management
of swimming pools, public wash houses, bathing places and
other institutions designed for the improvement of public
health;
(n) the organisation and management of farms and dairies within
or outside the municipal area for the supply, distribution and
processing of milk and milk products for the benefit of the
residents of the municipal area;
(o) the organisation and management of cottage industries,
handicraft centres and sales emporium;
(p) the construction and maintenance of warehouses and
godowns;
(q) the construction and maintenance of garages, sheds and
stands for vehicles and cattle biers;
(r) the provision for unfiltered water supply;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 65

(s) the improvement of the municipal area in accordance with

improvement schemes approved by the Corporation;
(t) the provision of housing accommodation for the inhabitants
of any area or for any class of inhabitants;
(u) the establishment and maintenance of hospitals, dispensaries
and maternity and child welfare centres and the carrying out
of other measures necessary for public medical relief;
(v) any measure not hereinbefore specifically mentioned, likely
to promote public safety, health, convenience or general
welfare.
1
[44-A. Ward Sabha.- All persons comprised in the electoral roll of a
ward shall constitute the Ward Sabha for the purposes of this Act.
44-B. Meetings of Ward Sabha.- (1) There shall be two meetings of
the Ward Sabha in a year. The meeting shall be convened by the elected ward
Councillor at a public place after public notice alongwith agenda.
(2) The officer, to be nominated by the Commissioner, shall be the
Secretary of the Ward Sabha. The minutes of the proceedings of the meetings
of the Ward Sabha shall be recorded by the Secretary and a copy of minutes of
the proceedings of each meeting shall be forwarded by him to the
Commissioner.
44-C. Ward Committee.- (1) There shall be a Ward Committee for
each ward in the Corporation to be constituted within six months of the
constitution of Corporation.
(2) Each Ward Committee shall consist of a President and not
exceeding nine eminent members, to be nominated by the Ward Sabha.
(3) The elected Ward Councillor representing that ward shall be the
President of the Ward Committee:
Provided that at least fifty per cent seats of members of the Ward
Committee shall be reserved for women.
Explanation.- For the purposes of this section, “eminent member” of
Ward Sabha means any person or a representative of a non-government
organization or an association or a community based organization working for
or representing any section of civil society in fields such as environment,
social welfare, rural development, health, culture, business, trade etc.
(4) A person shall be disqualified for being nominated as a member of
the Ward Committee under sub-section (2) or to continue as such if, under the
provisions of this Act or any other law for the time being in force,he is
disqualified for being elected as a member of the Corporation.
(5) The Secretary of the ward Sabha shall also be the Secretary of the
Ward Committee. The minutes of the proceedings of the meetings of the Ward

1. Sections 44-A to 44-J inserted vide H.P. Act No. 11 of 2010.

66 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Committee shall be recorded by the Secretary and a copy of minutes of the

proceedings of each meeting shall be forwarded by him to the Corporation.
(6) The term of office of the member of the Ward Committee shall be
two and half years from the date of nomination and he shall be eligible for re-
nomination.
44-D. Meetings of Ward Committees.- It shall be the duty of the
President to conduct meetings of the ward Committee at least once in two
months for discussing the developmental issues and plans of the ward
concerned.
44-E. Agenda.- It shall be the duly of the President to set agenda for
the meetings of the Ward Committee.
44-F. Procedure for conduct of Ward Committee meetings.-
Following procedure shall be followed while conducting meetings of the
Ward Committee, namely:-
(i) reasonable notice of the Ward Committee meetings shall be
given at least one week in advance and placed on the notice
board in the office of Corporation and in the ward concerned;
(ii) minutes of the Ward Committee meetings shall be
maintained by the Secretary and the same shall be made
available to the general public for perusal at the office of the
Ward Committee; and
(iii) the minutes shall be presented at the next meeting of the
Ward Committee for confirmation.
44-G. Disqualifications.- If a Member fails to attend three
consecutive meetings of the Ward Committee, then the President may bring a
solution before the Ward Sabha, for removal of such member, for its approval.
On approval of such resolution, such member shall stand removed from the
Ward Committee and in his place, the Ward Sabha may nominate another
person.
44-H. Duties and functions of the Ward Committee.- The Ward
Committee shall discharge and perform the following duties and functions,
namely:-
(a) to prepare annual ward plan and forward the same to the
Corporation for its integration with annual plan of the
Corporation;
(b) to ensure proper implementation of various developmental
schemes approved by the Corporation for the concerned ward;
(c) to provide assistance in solid waste management in the ward;
(d) to supervise sanitation work in the ward;
(e) to provide assistance for the preparation and encouragement
of the developmental scheme(s) for the ward;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 67

(f) to encourage harmony and unity among various groups of

people in the ward;
(g) to provide assistance in the implementation of developmental
schemes relating to the ward;
(h) to provide assistance for identification of beneficiaries for the
implementation of development and welfare schemes;
(i) to encourage art and cultural activities and sports activities
and games;
(j) to ensure people’s participation in the voluntary activities
necessary for successful implementation of the developmental
activities of the Corporation;
(k) to suggest community water taps, public wells, public
sanitation units, and such other public amenity schemes
within the ward concerned;
(l) to identify the deficiencies in the water supply and street
lighting arrangements in the ward and suggest remedial
measures;
(m) to render necessary assistance to the Corporation Authorities
for timely collection of taxes, fees and other arrears due to the
Corporation;
(n) to generate proposals/plans and determine the priority of
scheme and developmental programmes to be implemented in
the Ward;
(o) to improve/promote the overall environment situation by
integrating environmental considerations more systematically
within the Ward Sabha; and
(p) to perform such other functions as may be assigned to it by
the Corporation.
44-I. Right to seek information.- (1) The President and the members
of the Ward Committee shall have the right to seek information from the
Commissioner, on any matter relating to the ward;
(2) The Ward Committee shall submit periodical reports to the
Corporation in respect of the matters specified theirin.
44-J. Function of the Commissioner.- The Commissioner shall
bring to the notice of the Corporation any act or resolution of the Ward
Committee which is done or passed in contravention of any of the
Government instructions or the provisions of this Act; provided that if such
act or omission is not rectified within 15 days, the Commissioner shall bring
such omission or violation to the notice of the State Government.]
CHAPTER - IV
MUNICIPAL AUTHORITIES UNDER THE CORPORATION
68 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

45. Appointment of Commissioner.- (1) The Government shall, by

notification, in the Official Gazette, appoint a Class I Officer of the
Government having a service as such of ten years, as the Commissioner of
the Corporation.
(2) Subject to the provisions of sub-section (3), the Commissioner so
appointed shall hold office for a term of three years in the first instance:
Provided that his appointment may be renewed for a term not
exceeding three years:
Provided further that no officer who has attained the age of
superannuation shall be appointed or continued as Commissioner.
(3) The Government -
(a) shall recall the Commissioner if at a special meeting of the
Corporation called for the purpose, a resolution for such recall
has been passed by a majority of not less than two-thirds of
the total number of members;
(b) may in the public interest recall the Commissioner at any time
during the term of his appointment.
46. Appointment of 1[Additional/Joint Commissioner] and certain
other officers.- (1) The State Government may, if in its opinion it is
expedient to do so in the public interest, appoint a person or persons to be
called 2[Additional/Joint Commissioner] appointed under section 45 for the
efficient performance of the functions of the Corporation and they shall be
governed by such conditions of service as may be fixed by the State
Government from time to time:
3
[Provided that an officer posted in the Corporation with less than
seven years service shall be designated as Joint Commissioner and an officer
with more than seven years service shall be designated as Additional
Commissioner.]
(2) Subject to the approval of the Corporation and rules made in this
behalf, the 4[Additional/Joint Commissioner] appointed under sub-section (1)
shall be subordinate to the Commissioner and shall exercise such powers and
perform such duties as may be conferred and imposed upon the
Commissioner under this Act and are further delegated to them by the
Commissioner.

1. Substituted for the words and sign “Joint/Assistant Commissioner” vide H.P. Act
No. 13 of 2016.
2. Substituted for the words and sign “Joint/Assistant Commissioner” vide H.P. Act
No. 13 of 2016.
3. Proviso inserted vide H.P. Act No. 13 of 2016.
4. Substituted for the words and sign “Joint/Assistant Commissioner” vide H.P. Act
No. 13 of 2016.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 69

1
[(3) There shall be a Legal Advisor-cum-Law Officer to aid and
advice the Corporation in all legal matters, to be appointed by the
Corporation, on such terms and conditions as may be prescribed:]
2
[Provided that he shall be designated as Joint Commissioner (Legal)
after completion of five years regular service in the grade and Additional
Commissioner (Legal) on completion of at least two years regular service as
Joint Commissioner (legal).]
47. Salary and allowances of Commissioners.- The Commissioner
and the officers appointed under section 46 shall be paid out of the
Corporation Fund such monthly salary and such monthly allowance, as may
from time to time be fixed by the Government and may be given such
facilities in relation to residential accommodation conveyance and the like as
may from time to time be fixed by the Government.
48. Leave etc. to Commissioner.- On the recommendations of the
Mayor, leave (except casual leave) may be granted, to the Commissioner by
the Government and the casual leave shall be granted by the Mayor, and
whenever the Commissioner is on leave, or is on training, another officer
may be appointed by the Government in his place.
49. Contribution by Corporation.- The Corporation shall make such
contribution towards leave, allowances, pension and provident fund of the
Commissioner as may be required by the conditions of his service under the
Government.
50. Functions of the Commissioner.- Save as otherwise provided in
this Act, and subject to supervision and control of the Corporation and its
Mayor the executive power for the purpose of carrying out the provisions of
this Act, shall vest in the Commissioner, who shall also-
(a) exercise all the powers and perform all the duties specifically
conferred or imposed upon him by this Act or by any other
law for the time being in force;
(b) prescribe the duties of and exercise supervision and control
over the acts and proceedings of all Corporation officers and
other Corporation employees, and subject to any rules that
may be made in this behalf dispose of all questions relating to
the service of the said officers and other employees and their
pay, privileges, allowances and other conditions of service;
(c) on the occurrence or threatened occurrence of any sudden
accident or any unforeseen event or natural calamity
involving or likely to involve extensive damage to any
property of the Corporation, or danger to human life, take
such immediate action in consultation with the Mayor and
make a report forthwith to the Corporation of the action he

1. Sub-section (3) substituted vide H.P. Act No. 19 of 2007.

2. Proviso inserted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
70 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

has taken and the reasons for the same as also of the amount
of cost, if any, incurred or likely to be incurred in
consequence of such action, which is not covered by a budget
grant;
(d) the Commissioner shall bring to the notice of the Corporation
any act or resolution of the Corporation which may be in
violation of any Government instructions or the provisions of
this Act, provided that if such act or omission of the
directions of the Government or the provisions of the Act, as
the case may be, is not rectified within 15 days of the
communication, it shall be the duty of the Commissioner to
bring such omission or violation to the notice of the
Government.
51. Power of the Corporation to require Commissioner to
produce documents and furnish returns, reports etc.- (1) The Corporation
and Mayor may at any time require the Commissioner -
(a) to produce any record, correspondence, plans or other
documents which are in his possession or under his control as
Commissioner or which are recorded or filed in his office or
in the office of any Corporation officer or other Corporation
employee subordinate to him;
(b) to furnish any return, plan, estimate, statement, account of
statistics concerning or connected with any matter pertaining
to the administration of this Act or any municipal authority;
(c) to furnish a report by himself or to obtain from any
Corporation officer or other employee subordinate to him and
furnish with his own remarks thereon, a report upon any
subject concerning or connected with the administration of
this Act or any municipal authority.
(2) Every such requisition shall be complied with by the
Commissioner without any unreasonable delay; and it shall be incumbent on
every Corporation officer and other Corporation employee to obey any order
made by the Mayor or Corporation or Commissioner in pursuance of any
such requisition:
Provided that the Commissioner shall not be bound to comply with
any such requisition if with the previous approval of the Mayor he makes a
statement that such compliance would be prejudicial to public interest or to
the interests of the Corporation.
52. Exercise of powers to be subject to sanction.- Save as otherwise
provided in this Act, the exercise of any power or the performance of any
duty conferred or imposed upon the Corporation or any other authority by or
under this Act, which will involve expenditure, shall be subject to the
following conditions, namely:-
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 71

(a) that such expenditure, in so far as it is to be incurred in the

year in which such power is exercised or duty performed,
shall be provided for under a current budget-grant; and
(b) that if the exercise of such power or the performance of such
duty involves or is likely to involve expenditure for any
period or at any time after the close of the said year, such
expenditure shall not be incurred without the sanction of the
Corporation.
CHAPTER-V
PROCEDURE
TRANSACTION OF BUSINESS BY THE CORPORATION
53. Meetings.- (1) The Corporation shall ordinarily hold at least one
meeting in every month for the transaction of its business.
(2) The Mayor or in his absence the Deputy Mayor may, whenever he
thinks fit, and shall upon a requisition in writing by not less than one-fourth
of the total number of Councillors, convene a special meeting of the
Corporation.
(3) Any meeting may be adjourned until the next or any subsequent
date, and an adjourned meeting may be further adjourned in the like manner.
1
[(54. First meeting of the Corporation after general elections for
election of the Mayor.- (1) The first meeting of the Corporation after general
elections shall be held as early as possible but not later than thirty days after
the publication of the results of the election of the Councillors under section
13 and shall be convened by the Director.
(2) Notwithstanding anything contained in section 57, for election of
the Mayor, the Director shall nominate a Councillor who is not a candidate for
such election to preside over the meeting.
(3) If during the election of Mayor it appears that there is an equality
of votes between the candidates at such election and that the addition of a
vote would entitle any of these candidates to be elected as Mayor, then, the
person presiding over the meeting shall decide between them by lot to be
drawn in the presence of the candidates and in such manner as he may
determine, and the candidate on whom the lot falls shall be deemed to have
received an additional vote.]
55. Notice of meetings and business.- A list of the business to be
transacted at every meeting except at an adjourned meeting shall be sent at
the recorded address of each 2[XXXXXXXXXXX Councillor] at least five

1. Section 54 was amended vide H.P. Act No. 11 of 2010 and substituted vide H.P.
Act No. 48 of 2013, effective from 27th July, 2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councilor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
72 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

days before the time fixed for such meeting and no business shall be brought
before or transacted at, any meeting other than the business of which a notice
has been so given:
Provided that an urgent meeting may be called on a notice of a lesser
period than five days:
Provided further that any 1[XXXXXXXXXXX Councillor] may send
or deliver to the Commissioner notice of any business going beyond the
matters mentioned in the notice given of such meeting so as to reach him at
least forty-eight hours before the date fixed for the meeting and the
Commissioner shall with all possible despatch take steps to circulate such
resolution to every 2[XXXXXXXXXXX Councillor] in such manner as he
may think fit:
Provided further that such other business or resolution may be
transacted or taken up only with the permission of the Chair.
56. Quorum.- (1) The quorum necessary for the transaction of
business at a meeting of the Corporation shall be one-third of the total
number of Councillors 3[XXXXXXXXXXXXXXXXXXXXX].
(2) If at any time during a meeting of the Corporation there is no
quorum it shall be the duty of the Mayor or the person presiding over such
meeting either to adjourn the meeting or to suspend the meeting until there is
a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the
business which would have been brought before the original meeting if there
had been a quorum present there at, shall be brought before, and may be
transacted at an adjourned meeting, whether there is quorum present or not:
Provided that notice of an adjourned meeting under sub-sections (2)
and (3) shall be given to all Councillors 4[XXXXXXXXXXXXXXXXX].
57. Presiding Officer.- (1) The Mayor or in his absence, the Deputy
Mayor shall preside at every meeting of the Corporation.

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
3. The words “including Mayor and Deputy Mayor” inserted vide H.P. Act No. 11
of 2010 and omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
4. The words “including Mayor and Deputy Mayor” inserted vide H.P. Act No. 11
of 2010 and omitted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 73

(2) In the absence of both the Mayor and the Deputy Mayor from the
meeting the Councillors present shall elect one from amongst themselves to
preside.
(3) The Mayor or the person presiding over a meeting shall have and
exercise a second or a casting vote in all cases of equality of votes.
58. Method of deciding question.- (1) Save as otherwise provided in
this Act, all matters required to be decided by the Corporation shall be
decided by majority of the votes of Councillors 1[XXXXXXXXXXXXXX]
present and voting.
(2) The voting shall be by show of hands, but the Corporation may,
subject to such regulations as may be made by it, resolve that any question or
class of questions shall be decided by secret ballot.
(3) At any meeting, unless voting be demanded by at least four
Councillors 2[XXXXXXXXXXXXXXXXXXXXX].a declaration by the
presiding officer at such meeting that a resolution has been carried or lost,
and an entry to that effect in the minutes, of the proceedings shall, for the
purposes of this Act, be conclusive evidence of the fact without proof of the
number or proportion of the votes recorded in favour of or against such
resolution.
(4) If voting as aforesaid is demanded, the votes of all of the members
present who desire to vote shall be taken under the direction of the presiding
officer at the meeting and the result of the voting shall be deemed to be
resolution of the Corporation at such meeting.
59. Maintenance of order at, and admission of public to meetings,
withdrawal and suspension of Councillors.- (1) The Mayor or the person
presiding over a meeting shall preserve order there at and shall have all
power necessary for the purpose of preserving such order.
(2) The Mayor or the person presiding over a meeting may, direct any
Councillor whose conduct is in his opinion grossly disorderly to withdraw
immediately from the meeting, and any Councillor so directed to withdraw
shall do so forthwith and shall absent himself during the remainder of the
meeting.
(3) If any Councillor is ordered to withdraw at a second time within
fifteen days, the Mayor or the person presiding may suspend such Councillor
from attending the meetings of the Corporation for a period not exceeding
fifteen days and the Councillor so suspended shall absent himself
accordingly:

1. The words “including Mayor and Deputy Mayor” inserted vide H.P. Act No. 11
of 2010 and omitted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
2. The words “including Mayor and Deputy Mayor” inserted vide H.P. Act No. 11
of 2010 and omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
74 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Provided that the Mayor or the person presiding may at any time
cancel such suspension:
Provided further that such suspension shall not debar the suspended
Councillor from serving on any committee of the Corporation of which he is
a member.
(4) Subject to sub-section (5), every meeting shall be open to the
public unless a majority of the Councillors present at the meeting decide that
any inquiry of deliberation pending before the Corporation shall be held in
camera.
(5) The Corporation may make regulations for the purpose of
admission of the members of the public to its meetings and for the removal
by force if necessary, of any members of the public admitted to a meeting for
interrupting or disturbing the proceedings of the meeting.
(6) The Corporation may make regulations for removal of persons for
disorderly conduct.
(7) In the case of grave disorder arising in a meeting the Mayor or the
person presiding may, if he thinks it necessary to do so, adjourn the meeting
to a date or time specified by him.
60. 1[XXXXXXXXXXX Councillors] not to vote on matter in
which he is interested.- No 2[XXXXXXXXXXX Councillor] shall vote at a
meeting of the Corporation or of any committee thereof on any question
relating to his own conduct or vote or take part in any discussion on any
matter (other than matter affecting) generally the residents of the municipal
area or of any particular ward, which affects his pecuniary interest or any
property in respect of which he is directly or indirectly interested, or any
property of or for which he is a manager or an agent.
61. Right to attend meetings of Corporation and its committees
etc. and right of Councillor to ask questions in relation to the
administration of municipal area.- (1) The Commissioner or any
Corporation officer authorised by him in this behalf may attend, speak in, or
otherwise take part in the proceedings of any meetings of the Corporation or
any of its committees, but he shall not be entitled to vote in any such
meeting.
(2) A Councillor may, subject to the provisions of sub-section (3), ask
the Commissioner, during first half of an hour of every meeting, question on
any matter relating to the municipal administration of the area or the
administration of this Act.

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omittedvide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 75

(3) The right to ask a question shall be governed by the following

conditions, namely:-
(a) not less than seven days clear notice in writing specifying the
question shall be given to the Commissioner.
(b) no question shall -
(i) bring in any name or statement not strictly necessary to
make the question intelligible;
(ii) contain arguments, ironical expression, imputations,
epithets or defamatory statement;
(iii) ask for an expression of opinion or the solution of a
hypothetical proposition;
(iv) ask as to the character or conduct of any person except
in his official or public capacity;
(v) relate to a matter which is not primarily the concern of
the Corporation or any of the municipal authorities;
(vi) make or imply a charge of a personal character;
(vii) raise question of policy too large to be dealt with within
the limits of an answer to a question;
(viii) repeat in substance questions already answered or to
which an answer has been refused;
(ix) ask for information on trivial matters;
(x) ordinarily ask for information on matters of past
history;
(xi) ask for information set forth in accessible documents or
in ordinary works of reference;
(xii) raise matters under the control of bodies or persons not
primarily responsible to the Corporation; or
(xiii) ask for any information on a matter which is under
adjudication by a Court of Law.
(4) The Mayor shall disallow any question which is, in his opinion, in
contravention of the provisions of sub-section (3).
(5) If any doubt arises whether any question is or is not in
contravention of the provisions of sub-section (3), the Mayor shall decide the
point and his decision shall be final.
(6) The Commissioner shall not be bound to answer a question if it
asks for information which has been communicated to him in confidence or
in the opinion of the Mayor it cannot be answered without prejudice to public
interest or the interest of the Corporation.
76 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(7) Unless otherwise directed by the Mayor or the Presiding Officer of

the meeting every question shall be answered by the Commissioner at a
meeting of the Corporation.
62. Power to make regulations.- The Corporation may make
regulations for the transaction of business at its meetings and at the meetings
of its Standing Committee or any other committee and the manner in which
notice of such meetings shall be given:
Provided that the time, place and procedure for the first meeting, after
the constitution of the Corporation under section 4, shall be determined by
the Director.
63. Keeping of minutes and proceedings.- Minutes, in which shall
be recorded the names of the 1[XXXXXXXXXXX Councillor] present at and
the proceedings of each meeting of the Corporation or of its committee, shall
be drawn up and recorded by the Commissioner in a book to be kept for that
purpose and shall be laid before the next ensuing meeting of the Corporation
or of the committee, as the case may be, and shall be signed at such meeting
by the presiding officer thereof.
64. Circulation of minutes and inspection of minutes and reports
of proceedings.- Minutes of the proceedings of each meeting of the
Corporation shall be circulated to all the 2[XXXXXXXXXXX Councillor] of
the Corporation and shall at all reasonable times be available at the
Corporation office for inspection without charge by any 3[XXXXXXXXXX
Councillor] or person on payment of a fee prescribed by regulations.
65. Forwarding minutes and reports of proceeding to the
Government.- (1) The Corporation shall forward to the Government and the
Director a copy of the minutes of the proceedings of each meeting of the
Corporation within three days from the date of the meeting.
(2) The Director or the Government may also in any case ask for a
copy of any paper or all the papers which were laid before the Corporation or
any committee thereof and the Corporation shall forward to the Government,
a copy of such paper or papers.
66. Validation of proceedings etc.- (1) The Corporation shall have
power to act notwithstanding any vacancy in the membership thereof and no

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
3. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and again the words “Mayor, Deputy
Mayor and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 77

act done or the proceedings taken under this Act shall be questioned on the
ground merely of -
(a) the seat of any Councillor remaining unfilled for any cause
whatsoever;
(b) the existence of any vacancy in, or any defect in the
constitution of the Corporation, or in any committee thereof;
(c) any Councillor having voted or taken part in any proceedings
in contravention of section 61;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Corporation or of any committee thereof, the
minutes of proceedings which have been duly drawn up and signed, shall be
deemed to have been duly convened and to be free from all defects and
irregularities.
CHAPTER- VI
CORPORATION OFFICERS AND OTHER CORPORATION
EMPLOYEES
67. Posts in Corporation and appointments thereto.- (1) Subject to
the provisions contained in this Act and the Himachal Pradesh Municipal
Services Act, 1994 (11 of 1994), the Corporation may, with the previous
approval of the State Government or any other officer authorised in this
behalf, appoint such officers and servants as it considers necessary for the
efficient discharge of its duties.
(2) The qualifications, methods of recruitment, salaries, leave,
allowances and other conditions of service including disciplinary matters of
such officers and servants shall be such as may be prescribed.
(3) The salary, allowances, gratuity, pension, contributions and other
payments required to be made, in accordance with the conditions of their
services, to the officers and officials employed for the discharge of duties of
the Corporation under this Act, shall be charged from the Corporation Fund
in the prescribed manner.
(4) An employee in regular employment of the Corporation may in
lieu of the Contributory Provident Fund benefits admissible to him under the
Provident Fund Act, 1925 (19 of 1925), opt for service and family pensions
and in that event he will be governed by the rules, as are applicable to the
employees of the State Government; and such a person shall contribute to the
General Provident Fund:
Provided that,-
(a) the share of money contribution by the Corporation,
alongwith interest accrued thereon, to the credit of such a
person in his Contributory Provident Fund, shall be credited
to the pension and Gratuity Fund; established for this
purpose;
78 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(b) the share of money, alongwith interest accrued thereon, to the

credit of such a person in the Contributory Provident Fund on
account of his own contribution, shall be transferred to his
credit in the General Provident Fund established for the
purpose; and any loss caused to the Corporation through
withdrawals during the service shall be made good by him.
(5) The Corporation shall, in relation to such employees who have
exercised the option for pension under sub-section (4), shall credit its
contributions regularly but not later than fifth day of each month following
the month to which the contributions relate, into the Pension and Gratuity
Fund.
(6) The “Pension and Gratuity Fund” and “General Provident Fund”
referred to in sub-section (4), shall be established and maintained by the
Director, Urban Local Bodies, Himachal Pradesh in such manner, as may be
prescribed.
(7) Notwithstanding anything to the contrary contained in this Act, the
persons, who were in the regular service of any Corporation as on 1st April,
1992 and had retired before the 30th day of May, 1994, provided they opt for
service and family pension under this section, and refund to the Director,
within such period as may be specified, the employer's contribution to the
Provident Fund including interest received by them from the employer
together with simple interest at the rate of six per cent per annum from the
date of its withdrawal till the date of repayment, will also be eligible for
service and family pension under this Act.
(8) The approval for creation of post in a Corporation services shall
be given by the Government after taking into consideration the requirements
of the Corporation and its financial capacity.
(9) In making appointment to any post referred to in this section, the
appointing authority shall, follow the instructions issued by the Government
from time to time in relation to reservation of appointments or posts for
Scheduled Castes, Scheduled Tribes, Backward Classes and any other
category of persons.
68. Officers and other employees not to be interested in any
contract etc. with Corporation.- (1) A person shall be disqualified for
being appointed in the Corporation if he has, directly or indirectly, by
himself or by a partner or any other person, any share or interest in any
contract, made with, or any work being done for the Corporation, other than
as an employee.
(2) If any such officer or employee acquires, directly or indirectly, by
himself or by a partner or any other person, any share or interest in any such
contract or work as is referred to in sub-section (1), he shall, unless the
authority appointing him in any particular case otherwise decides, be liable to
be removed from his office by an order of such authority:
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 79

Provided that before an order of removal is made such officer or other

employee shall be given a reasonable opportunity of showing cause against
the action proposed to be taken in regard to him.
CHAPTER-VII
REVENUE AND EXPENDITURE
69. Constitution of Corporation fund.- (1) Save as otherwise
provided in this Act, -
(a) all funds which immediately before the declaration and
constitution of the Corporation under sections 3 and 4 of this
Act vested in anybody or local authority in the municipal
area or any part thereof or rural area or a part thereof, if any;
(b) all moneys received by or on behalf of the Corporation under
the provisions of this Act or of any law for the time being in
force or under any contract;
(c) all proceeds of the disposal of property by, or on behalf of
the Corporation;
(d) all rents occurring from any property of the Corporation;
(e) all moneys raised by any tax, rate or cess levied for the
purposes of this Act;
(f) all fees collected and all fines levied under this Act or under
any rule, regulation or by-law made thereunder;
(g) all moneys received by or on behalf of the Corporation from
the Government or any individual or association of
individuals by way of grant or gift or deposit;
(h) all interests and profits arising from any investment of, or
from any transaction in connection with, any money
belonging to the Corporation including loans and advances
under this Act;
(i) all moneys received by or on behalf of the Corporation from
any other source whatsoever shall form one fund to be
known as the Corporation Fund.
(2) The Corporation Fund shall be held by the Corporation in trust for
the purposes of this Act subject to the provisions herein contained and a
general account relating to all moneys received by or on behalf of the
Corporation shall be maintained.
70. Corporation fund to be kept in State Bank of India or in a
Scheduled Bank or in a Government Treasury.- All moneys payable to
the credit of the Corporation Fund shall be received by the Commissioner
and shall be forthwith paid into the State Bank of India or into any Scheduled
Bank or in treasury of the Government or any other bank approved by the
Government in this behalf.
80 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

71. Operation of accounts with banks.- Save as otherwise provided

in this Act, no payment shall be made by any bank referred to in section 70
out of the Corporation Fund except on a cheque signed by both.-
(a) officer incharge of the accounts;
(b) the Commissioner or an officer subordinate to him
authorised by him in this behalf.
72. Payment not to be made unless covered by a budget grant.- No
payment of any sum out of the Corporation Fund shall be made unless the
expenditure of the same is covered by a current budget grant and sufficient
balance of such budget grant is still available notwithstanding any reduction
or transfer thereof which may have been made under the provisions of this
Act:
Provided that this section shall not apply to payment made in the
following classes of cases, namely:-
(a) repayment of moneys, belonging to contractors or other
persons and held in deposit and of moneys collected or
credited to the Corporation Fund by mistake;
(b) refund of taxes and other moneys which are authorised under
this Act.
(c) sums payable in any of the following circumstances -
(i) under orders of the Government on failure of the
Corporation to take any action as required by the
Government; or
(ii) under any other enactment for the time being in force;
or
(iii) under the decree of order of a civil or criminal court
passed against the Corporation; or
(iv) under a compromise of any claim, suit or other legal
proceeding; or
(v) on account of cost incurred in taking immediate action
by the Corporation or the Commissioner to avert a
sudden threat of danger to the property of the
Corporation or to human life.
(d) temporary payment for works urgently required by the
Government in the public interest;
(e) sums payable as compensation under this Act or under any
rules, regulations or bye-laws made thereunder;
(f) expenses incurred by the Corporation as special measures
taken on the outbreak of dangerous diseases; and
(g) amount payable to Government by way of audit fee.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 81

73. Duty of persons signing cheques.- Before any person signs a

cheque in accordance with section 72 or signs any bill for payment of any
amount from the treasury, he shall satisfy himself that the sum which is
specified for payment in the bill or for which the cheque is drawn, as the case
may be, is either -
(a) required for a purpose or work specifically sanctioned by the
proper authority and covered by a current budget grant; or
(b) required for any payment referred to, or specified in section 72.
74. Procedure when money not covered by a budget grant is
expended.- Whenever any sum is expended under clauses (c), (e) or (f) of
the proviso to section 72, the Commissioner shall forthwith communicate the
circumstances to the Corporation to take such action under the provisions of
this Act as shall, in the circumstances, appear possible and expedient for
covering the amount of the additional expenditure.
75. Application of Corporation Fund.- (1) The money from time to
time credited to the Corporation Fund, shall be applied in payment of all
sums, charges and costs necessary for carrying out the provisions of this Act
and of the rules, regulations and bye-laws made thereunder or of which
payment is duly directed, sanctioned or required by or under any of the
provisions of this Act, and in payment of such sum as may be required to
meet the establishment charges and the salary, allowances, provident fund,
and gratuity of the members of municipal services including such
subscription and contributions as are referred in the Himachal Pradesh
Municipal Services Act, 1994 (11 of 1994):
Provided that the total expenditure on establishment shall not exceed
one third of the total expenditure of the Corporation.
(2) The moneys referred to in sub-section (1) shall likewise be applied
in payment of all sums payable out of the Corporation Fund under any other
enactment for the time being in force:
Provided that an amount allotted to the Corporation by the Central or
State Government or any other person or local authority for any specific
work or purpose shall be utilised exclusively for such work or purpose and in
accordance with such instructions, as the State Government may either
generally or specially issue in this behalf.
(3) Notwithstanding anything contained in this Act, the moneys
referred to in sub-section (1) may also be applied in payment of all sums,
charges and costs on all acts and things which are likely to promote the
safety, health, welfare, or convenience of the inhabitants, or expenditure
whereof may be declared by the Corporation with the sanction of the
Government to be an appropriate charge on the Corporation Fund.
76. Payments from Corporation Fund for works urgently
required for public service.- On the written requisition of the Secretary,
Local Self Government Department, Himachal Pradesh or the Director, the
Commissioner may at any time undertake the execution of any work certified
82 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

by such Secretary or the Director, as the case may be, to be urgently required
in public interest, and for this purpose may temporarily make payments from
the Corporation Fund so far as the same can be met without unduly
interfering with the regular work of the Corporation.
77. Investment of surplus money.- Surplus moneys standing at the
credit of Corporation Fund which cannot immediately or at an early date be
applied for the purposes specified in section 75, shall be invested in the
prescribed manner.
78. Constitution of special funds.- (1) The Corporation shall
constitute such special fund or funds as may be prescribed by regulations and
such other funds necessary for the purposes of this Act as may be so
prescribed.
(2) The constitution and disposal of such funds shall be effected in the
manner laid down by regulations.
79. Finance Commission.- (1) The Finance Commission constituted
by the State Government under section 98 of the Himachal Pradesh
Panchayati Raj Act, 1994 (4 of 1994) and articles 243-I and 243-Y of the
Constitution of India shall review the financial position of the Corporation
and make recommendations to the Government as to -
(a) the principles which should govern -
(i) the distribution between the State and the Corporation of
the net proceeds of the taxes, duties, tolls and fees
leviable by the State, which may be divided between
them and the allocation between the Corporation at all
levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which
may be assigned to or appropriated by the Corporation;
(iii) the grants-in-aid to the Corporation from the
Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the
Corporation;
(c) any other matter referred to the Finance Commission by the
Government in the interest of sound finances of the
Corporation.
(2) The Government shall cause every recommendation made by the
Finance Commission under this section together with an explanatory
memorandum as to the action taken thereon, to be laid before the Legislature
of the State.
80. Budget estimates.- (1) The Corporation shall not later than the
first week of February of every year, adopt for the ensuing year a budget
estimate which shall be an estimate of the income and expenditure of the
Corporation to be received and incurred on the account of the Corporation.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 83

(2) The budget estimate adopted under sub-section (1) shall be

submitted to the Government not later than the last week of February
preceding the year to which the budget estimate relates.
(3) The budget estimates received by the Government under sub-
section (2), shall be returned to the Corporation before the 31stday of March
after approval without any modification or with such modification as the
Government may deem fit.
(4) The budget estimate shall be prepared in such manner and shall
provide for all such matters as may be prescribed.
81. Power of Corporation to alter budget estimates.- (1) On the
recommendations of the Commissioner, the Corporation may from time to
time during the year -
(i) increase the amount of any budget grant under any head;
(ii) make an additional budget grant for the purpose of meeting
any special or unforeseen requirement arising during the said
year;
(iii) transfer the amount or portion of the amount of the budget
grant under any head to the account of budget grant under any
other head; or
(iv) reduce the amount of the budget grant under any head:
Provided that due regard shall be had to all the requirements of this
Act and in making any increase or any additional budget grant the estimated
cash balance at the close of the year shall not be reduced below the sum of
one lakh rupees or such higher sum as the Corporation may determine in
respect of each budget estimate.
(2) Every increase in a budget grant and every additional budget grant
made in any year under sub-section (1) shall be made with the prior approval
of the Government and after such approval shall be deemed to be included in
the budget estimate finally adopted for that year.
(3) The Commissioner may, from time to time during the year, -
(a) reduce the amount of a budget grant; or
(b) sanction the transfer of any amount within a budget grant:
Provided that every reduction if it exceeds fifty thousand rupees shall
be reported forthwith by the Commissioner to the Corporation and the
Commissioner shall give effect to any order that may be passed by the
Corporation in relation thereto.
(4) The Commissioner may, from time to time during the year,
sanction the transfer of any amount not exceeding fifty thousand rupees
within a minor head if such transfer does not involve a recurring liability.
82. Power of Corporation to re-adjust income and expenditure
during the year.- (1) If at any time during the year it appears to the
84 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Corporation that, notwithstanding any reduction of budget grant that has

been made under section 81, the income of the Corporation Fund during the
same year will not suffice to meet the expenditure sanctioned in the budget
estimate of that year and to leave at the close of the year, the cash balances
specified or determined under the proviso to sub-section (1) of section 81
then it shall be incumbent on the Corporation to sanction forthwith any
measures which it may consider necessary for adjusting that year's income to
the expenditure.
(2) For the purpose of sub-section (1), the Corporation may either
reduce the sanctioned expenditure of the year so far as it may be possible to
do with regard to all the requirements of this Act.
83. Provisions as to unexpended budget grant.- If the whole or any
part of any budget grant included in the budget estimates for a year remains
unexpended at the close of that year, and the amount thereof has not been
taken into account in the opening balance entered in the budget estimates of
any of the next two following years, the Commissioner may sanction the
expenditure of such budget grant or the unexpended portion thereof during
the next two following years for the completion of the purposes of object for
which the budget grant was originally made and not for any other purpose or
object.
CHAPTER - VIII
TAXES AND FEES
84. Taxes etc. to be imposed by Corporation under this Act and
arrangement of certain taxes collected by Government.- (1) The
Corporation shall, for the purposes of this Act, levy the following taxes:-
(a) taxes on buildings and lands;
(b) such other taxes, at such rates as the State Government may,
by notification, in each case direct:
1
[Provided that no tax shall be imposed under clause (b)
unless an opportunity has been given in the prescribed manner
to the residents of the municipal area or to the affected parties
to file objections and the objections, if any, thus received have
been considered;]
2
[XXXXXXXXXXXXXXXXXXX]
3
[XXXXXXXXXXXXXXXXXXX]

1. Proviso inserted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
2. Clause (c) deleted vide H.P. Act No. 19 of 2007.
3. Sub-sections (2), (3), (4) and (5) omitted vide H.P. Act No. 32 of 2011, effective
from 20th February, 2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 85

1
[85. Fee and users charges.- The Corporation may levy a fee and
user charges for the services provided by it at such rates and in such manner
as may be determined by the Corporation from time to time.]
2
[86. Rate of tax on lands and buildings.- Save as otherwise
provided in this Act, the unit area rate of tax on lands and buildings within the
municipal area shall be between one per cent to twenty five per cent of the
rateable value of land and building, as may be determined by the Corporation
from time to time:
Provided that the Corporation may exempt wholly or partially or levy
lower rate of tax on the lands and buildings or portion thereof, which is
exclusively used for the purpose of public worship and the area of vacant
lands and buildings or portion thereof, exclusively used for the purpose of
public burial or as a cremation ground, or any other place used for the
disposal of dead.]
3
[XXXXXXXXXXXXXXXX]
4
[88. Determination of rateable value of lands and buildings
assessable to taxes.- The rateable value of lands and buildings assessable to
taxes specified in section 86 shall be,-
(a) in the case of land, the rateable value shall be based upon per
square metre of the actual area of land multiplied by the
5
[XXXX] relevant factors prescribed for the particular zone
and in the case of building, the rateable value shall be based
upon per square metre of plinth area multiplied by 6[XXXX]
relevant factor prescribed for the particular zone.
(b) for levy of tax on lands and buildings, the entire municipal
area shall be divided into different zones and each zone shall
have relevant factors having different values.
(c) for the purpose of determination of 7[ratable value], there
shall be five factors i.e. (i) location, (ii) occupancy, (iii) age
of building, (iv) use of building and (v) type of structure.

1. Section 85 substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
2. Section 86 substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
3. Section 87 omitted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
4. Section 88 substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
5. The words “unit area rate of tax and” omitted vide H.P. Act No. 48 of 2013,
effective from 27th July, 2013.
6. The words “unit area rate of tax and” omitted vide H.P. Act No. 48 of 2013,
effective from. 27th July, 2013.
7. Substituted for the words “unit area tax” vide H.P. Act No. 48 of 2013, effective
from 27th July, 2013.
86 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Each factor shall have different value for different zone as

may be determined by the Corporation, from time to time.
(d) the mode for levy, calculation and assessment of tax as per
provisions of this Act, which relates to the classification,
usages of the buildings or apportionment of buildings or
vacant land and open spaces forming part of the land and
building shall be prescribed by bye-laws:
Provided that annual deduction of ten per cent on the rateable value of
building shall be allowed on account of repair and maintenance expenses
necessary for the maintenance of the building and a rebate of ten per cent shall
also be allowed on the amount of tax, in case the amount of tax specified in
the bill is paid within fifteen days from the date of receipt of such bill,
however, this rebate shall not be applicable in the case of defaulters who are
in arrear of tax and shall be liable for penalty of five percent of the tax due.]
89. Taxation of union properties.- Notwithstanding anything
contained in the foregoing provisions of this Chapter, lands and buildings
being properties of the Union of India shall be exempted from the taxes on
lands and buildings specified in section 86:
Provided that nothing in this section shall prevent the Corporation
from levying any of the said taxes on such lands and buildings to which
immediately before the 26th January, 1950, they were liable, or treated as
liable, so long as that tax continues to be levied by the Corporation on other
lands and buildings:
1
[Provided that the public sector undertakings or companies owned
and controlled fully or partially by the Central Government shall be
assessable to taxes under the provisions of this Act or bye-laws made
thereunder, and shall also be liable to pay fee or service charges, as the case
may be, in lieu of services provided by the Corporation.]
2
[90. Incidence of taxes on lands and buildings.- (1) The taxes on
lands and buildings shall be primarily leviable upon the owner and in the
absence of owner, it shall be leviable and recovered from the occupier
including tenants.
(2) The assessment, levy and payment of tax on land and building
shall not in any manner confer any right, title or interest in the property upon
either on the owner or the occupier and shall not be a proof of the fact that
the building or premises is authorized one and further that any building or
premises or part thereof which is erected in contravention of the provisions
of this Act, regulations or bye-laws made thereunder, shall not be considered
for regularization by virtue of being assessed to tax on lands and buildings
under the provisions of this Act.]

1. Second proviso substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
2. Section 90 substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 87

1
[XXXXXXXXXXXXXXXXXXX]
92. Recovery of taxes on lands and buildings from occupiers.- (1)
On the failure to recover any sum due on account of taxes specified in
section 86 in respect of any land or building from the person primarily liable
therefor under section 90, the Commissioner shall in the prescribed manner
recover from every occupier of such land or building by attachment of the
rent payable by such occupier, a portion of the total sum due which bears, as
nearly as may be, the same proportion to that sum as the rent annually
payable by such occupier bears to the total amount of rent annually payable
in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section
(1) shall be entitled to be reimbursed by the person primarily liable for the
payment and may in addition to having recourse to other remedies that may
be open to him, deduct the amount to be recovered from the amount of any
rent from time to time becoming due from him to such person.
93. Taxes on lands and buildings a first charge on premises on
which they are assessed.- Taxes due under this Act in respect of any land or
building shall subject to the prior payment of the land revenue, if any due to
the Government, be a first charge thereon.
Explanation. -The term 'taxes' in this section shall be deemed to
include the costs of recovery thereof and the penalty, if any, payable as
specified in the bye-laws.
94. Assessment list.- (1) Save as otherwise provided in this Act the
Corporation shall cause an assessment list of all lands and buildings in the
municipal area to be prepared in such form and manner and containing such
particulars with respect to each land and building as may be prescribed by
bye-laws.
(2) When the assessment list has been prepared, the Commissioner
shall give public notice, thereof, and of the place where the list or a copy
thereof may be inspected, and every person claiming to be the owner, lessee
or occupier of any land or building included in the list and any authorised
agent of such person, shall be at liberty to inspect the list and to take extract
therefrom free of charge.
(3) The Commissioner shall, at the same time, give public notice of a
date, not less than one month thereafter, when he will proceed to consider the
rateable value of lands and buildings, entered in the assessment list, and in all
cases in which any land or building is for the first time assessed (or the
rateable value of any land or building is increased), he shall also give written
notice thereof to the owner or to any lessee or occupier of the land or
building.

1. Section 91 omitted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
88 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(4) Any objection to a rateable value or any other matter as entered in

the assessment list, shall be made in writing to the Commissioner before the
date fixed in the notice and shall state in what respect the rateable value or
other matter is disputed, and all objections so made shall be recorded in
register to be kept for the purpose.
(5) The objection shall be inquired into and investigated and the
persons making them shall be allowed an opportunity of being heard either in
person or by authorised agent, by a Committee consisting of two members
elected by the Corporation for that purpose and the Commissioner or an
officer of the Corporation authorised by him in this behalf.
(6) When all objections have been disposed of, and the revision of the
rateable value has been completed, the assessment list shall be authenticated
by the signature of the commissioner, or as the case may be, the officer
authorised by him in this behalf, who shall certify that except in the cases, if
any, in which amendments have been made as shown therein, no valid
objection has been made to the rateable value or any other matters entered in
the said list.
(7) The assessment list so authenticated shall be deposited in the
office of the Corporation and shall be open for inspection free of charge
during office hours to all owners, lessees and occupiers of lands and
buildings comprised therein or the authorised agents of such persons, and a
public notice that it is so open shall forthwith be published.
95. Evidentiary value of assessment list.- Subject to due alterations
as may thereafter be made in the assessment list under section 96 and to the
result of any appeal made under the provisions of this Act the entries in the
assessment list authenticated and deposited as provided in section 94 shall be
accepted as conclusive evidence, for the purposes of assessing any tax levied
under this Act, of the rateable value of all lands and buildings to which such
entries respectively relate.
96. Amendment of assessment list.- (1) The Commissioner, may, at
any time, amend the assessment list-
(a) by inserting therein the name of any person whose name
ought to be inserted; or
(b) by inserting therein any land or building previously omitted;
or
(c) by striking out the name of any person not liable for the
payment of taxes on lands and buildings; or
(d) by increasing or reducing for adequate reasons the amount of
any rateable value and of the assessment thereupon; or
(e) by making or cancelling any entry exempting any land or
building from liability to any tax; or
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 89

(f) by altering the assessment on the land or building which has

been erroneously valued or assessed through fraud, mistake or
accident; or
(g) by inserting or altering an entry in respect of any erected, re-
erected, altered or added after the preparation of the
assessment list:
Provided that no person shall by reason of any such amendment
become liable to pay any tax or increase of tax in respect of any period prior
to the commencement of the year in which the notice under sub-section (2) is
given.
(2) Before making any amendment under sub-section (1) the
Commissioner shall give to any person affected by the amendment, notice of
not less than one month that he proposes to make the amendment and
consider any objections which may be made by such person.
97. Preparation of new assessment list.- It shall be in the discretion
of the Commissioner to prepare for the whole or any part of the Corporation
a new assessment list every year or to adopt the valuation and assessment
contained in the list for any year with such alterations as may in particular
cases be deemed necessary, as the valuation and assessment for the year,
giving to persons affected by such alterations the same notice of the
valuation and assessment as if a new assessment list had been prepared:
Provided that the valuation and assessment contained in the list for
any year shall not be adopted for a period exceeding five years.
98. Notice of transfers.- (1) Whenever the title of any person
primarily liable for the payment of taxes specified in section 86 on any land
and building is transferred the person whose title is transferred and the
person to whom the same is transferred shall within three months after
execution of the instrument of transfer or after its registration, if it is
registered, or after the transfer is effected, if no instrument is executed, give
notice of such transfer in writing to the Commissioner.
(2) In the event of the death of any person primarily liable as
aforesaid, the person on whom the title of the deceased devolves, shall give
notice of such devolution to the Commissioner within six months from the
date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as
may be determined by bye-laws made under this Act, and the transferee or the
other person on whom the title devolves shall, if so required, be bound to
produce before the Commissioner any documents evidencing the transfer or
devolution.
(4) Every person who makes a transfer as aforesaid without giving
such notice to the Commissioner, shall, in addition to any penalty to which he
may be subjected under the provisions of this Act, continue to be liable for the
payment of all taxes specified in section 86 from time to time payable in
respect of the land or building transferred until he gives such notice or until
90 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

the transfer has been recorded in the Commissioner's book, but nothing in this
section shall be held to affect the liability of the transferee for the payment of
the said taxes.
(5) The Commissioner shall record every transfer or devolution of
title notified to him under this section in his books and in the assessment list.
(6) On a written request by the Commissioner, the Registrar or Sub-
Registrar, having jurisdiction in the municipal area, appointed under the
Registration Act, 1908 (16 of 1906), shall furnish such particulars regarding
the registration of instruments of transfer of immoveable properties in the
municipal area, as the Commissioner may from time to time require.
(7) Such information shall be furnished as soon as may be after the
registration of an instrument of transfer is effected, or if the Commissioner so
requests, by periodical returns at such intervals as the Commissioner may fix.
99. Notice of erection of building etc.- When any new building is
erected or when any building is re-built or enlarged or when any building
which has been vacant is reoccupied, the person primarily liable for the taxes
specified in section 86 assessed on the building, shall give notice thereof in
writing to the Commissioner within fifteen days from the date of its
completion or occupation, whichever first occurs or as the case may be, from
the date of its enlargement or re-occupation and the said taxes shall be
assessable on the building from the said date.
100. Notice of demolition or removal of building.- (1) When any
building or any portion of a building, which is liable to the payment of taxes
specified in section 86 is demolished or removed, otherwise than by order of
the Commissioner, the person primarily liable for the payment of the said
taxes, shall give notice thereof in writing to the Commissioner.
(2) Until notice is given, by person as mentioned under sub-section
(1), he shall continue to be liable to the payment of such taxes as he would
have been liable to pay in respect of such building if the same or any portion
thereof had not been demolished or removed.
101. Power of Commissioner to call for information.- (1) To enable
the Commissioner to determine the rateable value of any land or building and
the person primarily liable for the payment of any taxes specified in section 86
leviable in respect thereof, the Commissioner may require the owner or
occupier of such land or building, or of any portion thereof to furnish him
within such reasonable period as the Commissioner fixes in this behalf, with
information by such owner or occupier -
(a) as to the name and place of residence of the owner or
occupier or of both the owner and occupier of such land or
building;
(b) as to the measurements or dimensions of such land or
building or any portion thereof and the rent, if any, obtained
for such land or building or any portion thereof; and
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 91

(c) as to the actual cost or other specified details connected with

the determination of the value of such land or building.
(2) Every owner or occupier on whom any such requisition is made
shall be bound to comply with the same and to give true information to the
best of his knowledge or belief.
(3) Whoever omits to comply with any such requisition or fails to
give true information to the best of his knowledge or belief shall, in addition
to any penalty to which he may be liable be precluded from objecting to any
assessment made by the Commissioner in respect of such land or building of
which he is the owner or occupier.
1
[XXXXXXXXXXXXXXXXXXXXXXXXX]
103.Assessment in case of amalgamation of premises.- If any land
or building, bearing two or more municipal numbers, or portions thereof, be
amalgamated into one or more new premises, the Commissioner shall on such
amalgamation assign to them one or more numbers and assess them to taxes
specified in section 86 accordingly:
Provided that the total assessment on amalgamation shall not be
greater than the sum of the previous assessments of the several premises
except when there is any re-valuation of any of the said premises.
104. Power of Commissioner to assess separately outhouses
portion of buildings.- The Commissioner may in his discretion assess any out
houses appurtenant to a building, or any portion of a land or building
separately from such building or, as the case may be, from the rest of such
land or building.
105. Power of Commissioner to employ valuers.- (1) The
Commissioner may, if he thinks fit, employ one or more competent persons to
give advice or assistance in connection with the valuation of any land or
building, and any person so employed shall have power at all reasonable times
and after giving due notice, and on production, if so required, of authorisation
in writing in that behalf from the Commissioner, to enter on, survey and value
any land or building which the Commissioner may direct him to survey and
value.
(2) No person shall wilfully delay or obstruct any such person in the
exercise of any of his powers under this section.
106. Recovery of tolls or taxes.- (1) In case of non-payment of any
toll on demand, the officer empowered to collect the same may seize any
article or any vehicle or animal on which the toll is chargeable, or any part of
its burden of sufficient value to satisfy the demand.
(2) The Corporation after the lapse of five days from the seizure and
after the issue of a proclamation fixing the time and place of sale may cause

1 Section 102 omitted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
92 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

any property so seized, or so much thereof, as may be necessary to be sold by

auction to satisfy the demand with the expenses occasioned by the seizure,
custody and sale thereof, unless the demand and expenses are in the meantime
paid:
Provided that, by order of the Commissioner articles of a perishable
nature which cannot be kept for five days without serious risk of damage may
be sold after the lapse of such shorter time as he may, having regards to the
nature of the articles, think proper.
1
[XXXXXXXXXXXXXXXXXXXX]
115. 2[Fees] on advertisements.- (1) Every person, who erects,
exhibits, fixes or retains upon or over any land, building wall boarding, frame,
post or structure or upon or in any vehicle any advertisement or, who displays
any advertisement to public view in any manner whatsoever visible from a
public street or public place (including any advertisement exhibited by means
of cinematograph) shall pay for every advertisement which is so erected,
exhibited, fixed or retained or so displayed to public view a fee calculated at
such rates, as may from time to time, be 3[specified by the Corporation]:
Provided that no fee shall be levied under this section on any
advertisement which,-
(a) appears in newspapers, relates to a public meeting, or to an
election to Parliament or Legislative Assembly or the
Corporation or to candidature in respect of such election; or
(b) is exhibited within the window of any building if the
advertisement relates to the trade, profession or business
carried in that building; or
(c) relates to the trade, profession or business carried on within
the land or building upon or over which such advertisement is
exhibited or to any sale or letting of such land or building or
any effect therein or to any sale, entertainment or meeting to
be held on or upon or in the same; or
(d) relates to the name of the land or building upon or over which
the advertisement is exhibited, or to the name of the owner or
occupier of such land or building; or
(e) relates to the business of a railway administration and is
exhibited within any railway station or upon any wall or other
property of the railway administration; or

1. Sections 107 to 114 omitted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
2. Substituted for the word “tax” vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
3. Substituted for the words “specified by the Government” vide H.P. Act No. 32 of
2011, effective from 20th February, 2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 93

(f) relates to any activity of the Government or Union of India or

the Corporation.
(2) The fee on any advertisement leviable under this section shall be
payable in advance in such number of instalments and in such manner as may
be determined by bye-laws made in this behalf.
Explanation -I.- The word 'structure ' in this section includes any
moveable board on wheels used as an advertisement or an advertisement
medium.
Explanation-II.- The word “advertisement” in relation to a fee on
advertisement under this Act, means any word, letter, model, sign, placard,
notice, device or representation whether illuminated or not, in nature of and
employed wholly or in part for the purposes of advertisement, announcement
or direction.
116. Prohibition of advertisement without written permission of
Commissioner.- (1) No advertisement shall be erected, exhibited, fixed or
retained upon or over any land, building, wall boarding, frame, post or
structure or upon in any vehicle or shall be displayed in any manner,
whatsoever in any place within the municipal area without the written
permission of the Commissioner granted in accordance with bye-laws, made
under this Act.
(2) The Commissioner shall not grant such permission, if -
(a) the advertisement contravenes any bye-law made under this
Act; or
(b) the fee, if any, due in respect of advertisement has not been
paid.
(3) Subject to the provisions of sub-section (2) in the case if an
advertisement liable to the advertisement fee, the Commissioner shall grant
permission for the period to which the payment of the fee relates and no fee
shall be charged in respect of such permission.
117. Permission of Commissioner to become void in certain cases.-
The permission granted under section 116 shall become void in the following
cases, namely:-
(a) if the advertisement contravenes any bye-laws made under
this Act;
(b) if any material change is made in the advertisement or any
part thereof without the previous permission of the
Commissioner;
(c) if the advertisement or any part thereof falls otherwise than
through accident;
(d) if any addition or alteration is made to, or in the building,
walls boarding, frame, post or structure upon or over which
the advertisement is erected, exhibited, fixed or retained if
94 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

such addition or alteration involves the disturbance of the

advertisement or any part thereof; and
(e) if the building wall, boarding, frame, post or structure over
which the advertisement is erected, exhibited, fixed or
retained is demolished or destroyed.
118. Presumption in case of contravention.- Where any
advertisement has been exhibited, fixed or retained upon or over any land,
building, wall, boarding, frame, post or structure or upon or in any vehicle or
displayed to public view from a public street or public place in contravention
of the provisions of this Act or any bye-laws made thereunder, it shall be
presumed, unless and until contrary is proved, that the contravention has been
committed by the person or the persons on whose behalf the advertisement
purports to be or the agents of such person or persons.
119. Power of Commissioner in case of contravention.- If any
advertisement is erected, exhibited or fixed, retained in contravention of the
provisions of section 116, the Commissioner may require the owner or
occupier of the land, building wall, boarding, frame, post or structure or
vehicle upon or over or in which the same is erected, exhibited, fixed or
retained, to take down or remove such advertisement or may enter any land,
building, property or vehicle and have the advertisement dismantled, taken
down or removed or spoiled, defaced or screened.
1
[XXXXXXXXXXXXXXXXXXXX]
121. Time and manner of payment of taxes or fees.- Save as
otherwise provided in this Act, any tax or fee levied under this Act shall be
payable on such dates, in such number of instalments and in such manner as
may be determined by bye-laws in this behalf:
Provided that if the tax or fee is not paid within one month of the due
date, an interest at the rate of one percent per month shall be charged for every
calendar month or part thereof:
2
[Provided further that the Commissioner may, after affording an
opportunity of being heard, deny or withdraw the No Objection Certificate
issued for installation of electricity connection and disconnect the water
connection and sewerage connection, if the owner, or the occupier of the
premises in question is assessable to taxes and arrears to the Corporation as
per the demand raised and the same may be restored on the written request of
such owner or occupier, by the Commissioner by imposition of a penalty not
exceeding twenty thousand rupees.]
122. Presentation of bill of tax or fee.- (1) When any tax or fee has
become due, the Commissioner shall cause to be presented to the person liable
for the payment thereof, a bill for the amount due:

1 Section 120 omitted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
2. Proviso inserted vide H.P. Act No. 13 of 2016.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 95

Provided that no such bill shall be necessary in the case of -

(a) tax on vehicles and animals;
(b) show tax; and
(c) tax on advertisement.
(2) Every such bill which shall be in the prescribed form, shall for the
purposes of this Act be considered a notice of demand and shall specify the
particulars of the tax or fee and the period for which the charge is made.
(3) If the amount specified in the bill is paid within a period or fifteen
days from the presentation thereof, a rebate of ten per cent shall be allowed in
the amount of tax or fee.
(4) If the tax on vehicles and animals or the show tax is not paid after
it has become due, the Commissioner may cause to be served upon the person
liable for the payment of the same a notice of demand in the prescribed form.
(5) For every notice of demand served under sub-section (4) a fine of
such amount not exceeding fifteen rupees as may be determined by bye-laws
made in this behalf shall be payable by the person on whom the notice is
served and shall be included in the costs of recovery.
123. Consequences of failure to pay tax or fee within thirty days. -
If the person liable for the payment of any tax or fee does not within thirty
days from the service of the notice of demand under sub-section (2) or sub-
section (4) of section 122, pay the same, the tax or fee together with the costs
of recovery shall be recoverable in the manner provided hereinafter.
124. Manner of recovering tax or fee.- Any sum due on account of
tax or fee payable under this Act may be recovered, together with costs of
recovery by all or any of the following processes, in the manner prescribed -
(i) as arrears of land revenue;
(ii) by distraint and sale of a defaulter's movable property;
(iii) by the attachment and sale of a defaulter's immovable
property;
(iv) in the case of octroi and toll, by the seizure and sale of goods
and vehicles;
(v) in the case of taxes on lands and buildings by the attachment
of rent due in respect of the property; and
(vi) by a suit.
125. Power of seizure of vehicles and animals in case of non-
payments of tax thereon.- (1) If the tax on any vehicle or animal is not paid,
then instead of proceeding against the defaulter by distraint and sale of his
other movable property the commissioner may, at any time after the tax has
become due, seize and detain the vehicle or animal or both, and if the owner
or other person entitled thereto does not within seven days in respect of a
96 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

vehicle and two days in respect of animal from the date of such seizure and
detention, claim the sale and pay the tax due together with the charges
incurred in connection with the seizure and detention, the Commissioner may
cause the same to be sold and apply the proceeds to the sale or such part
thereof as is required in the discharge of the sum due and the charges incurred
as aforesaid.
(2) The surplus, if any, remaining after the application of the sale
proceeds under sub-section (1) shall, immediately after the sale of the
property be credited to the Corporation Fund and notice of such credit shall be
given at the same time to the person whose property has been sold or his legal
representative and if the same, is claimed by written application to the
Commissioner within one year from the date of the notice a refund thereof
shall be made to such person or his representative.
(3) Any surplus not claimed within one year as aforesaid shall be the
property of the Corporation.
126. Demolition etc. of building.- If any building is wholly or partly
demolished or destroyed or otherwise deprived of value, the Commissioner
may, on the application in writing of the owner or occupier, remit or refund
such portion of any tax assessed on the rateable value thereof as he thinks fit.
127. Remission or refund of tax on lands and buildings.- (1) If any
building together with land appurtenant thereto has remained vacant and
unproductive of rent for sixty or more consecutive days, the Commissioner
shall remit or refund, as the case may be, two-thirds of such portion of the fire
tax and the general tax assessed or the rateable value thereof as may be
proportionate to the number of days during which the said building together
with the land appurtenant thereto has remained vacant and unproductive of
rent.
(2) If any land not being land appurtenant to a building has remained
vacant and unproductive of rent for sixty or more consecutive days, the
Commissioner shall remit or refund, as the case may be, on half of such
portion of the fire tax and the general tax assessed on the rateable value
thereof, as may be proportionate to the number of days during which the said
land has remained vacant and unproductive of rent.
(3) If any land whether appurtenant to a building or not or any
building, has remained vacant and unproductive of rent for sixty or more
consecutive days, the Commissioner shall remit or refund, as the case may be,
such portion of the water tax assessed on the rateable value thereof as may be
proportionate to the number of days during which the said land or building has
remained vacant and unproductive of rent:
Provided that no remission or refund of the water tax shall be allowed
unless an application in such form as may be prescribed by bye-laws made in
this behalf has been made to the Commissioner to stop the supply of water to
such land or building and that the Commissioner is satisfied that having
regard to the circumstances of any case such remission or refund should be
allowed.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 97

128. Power to require entry in assessment list of details of

buildings.- (1) For the purpose of obtaining a partial remission or refund of
tax, the owner of a building composed of separate tenements may request the
Commissioner, at the time of the assessment of the building, to enter in the
assessment list in addition to the rateable value of the whole building, a note
regarding any detail of the rateable value of each separate tenement.
(2) When any tenement, the rateable value of which has been thus
separately recorded, has remained vacant, unproductive of rent for sixty or
more consecutive days such portion of any tax assessed on the rateable value
of the whole building shall be remitted or refunded and would have been
remitted or refunded if the tenement has been rately assessed.
129. Notice to be given of circumstances in which remission or
refund is claimed.- No remission or refund under section 127 or section 128
shall be made unless notice in writing of the fact that the land, building or
tenement has become vacant and unproductive of rent has been given to the
Commissioner and no remission or refund shall take effect in respect of any
period commencing more than fifteen days before delivery of such notice.
130. What building etc. are to be deemed vacant.- (1) For the
purposes of sections 127 and 128 no land, building or tenement shall be
deemed vacant if maintained as a pleasure resort or town or country house or
be deemed unproductive of rent if let to a tenant who has a continuing right of
occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving the facts entitling any person to claim relief
under section 126, or section 127 or section 128, shall be upon him.
131. Notice to be given of every occupation of vacant land or
building.- The owner of any land, building or tenement in respect of which a
remission or refund of tax has been given under section 127, or section 128,
shall give notice of the re-occupation of such land, building or tenement
within fifteen days of such re-occupation.
132. Appeal against assessment etc.-(1) An appeal against the levy
or assessment of any tax under this Act shall lie to the Divisional
Commissioner and every such appeal shall subject to the provisions of this
Act be received, heard and disposed of by him.
(2) In every appeal, the costs shall be in the discretion of the appellate
authority.
(3) Costs awarded under this section to the Corporation shall be
recoverable by the Corporation as an arrear of tax due from the appellant.
(4) If the Corporation fails to pay any costs awarded to an appellant
within ten days after the date of the order for payment thereof, the appellate
authority may order the Commissioner to pay the amount to the appellant.
133. Conditions of right to appeal.- No appeal shall be entertained
under section 132, unless -
98 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(a) the appeal is, in the case of tax on lands and buildings brought
within thirty days next after the date of authentication of the
assessment list under section 94 (exclusive of the time
requisition for obtaining a copy of the relevant entries
therein), or, as the case may be, within thirty days of the date
of the receipt of the notice of assessment or of alteration of
assessment or, if no notice has been given, within thirty days
of the date of the receipt of the notice of assessment or of
alteration of assessment or, if no notice has been given,
within thirty days after the date of service of the first notice of
demand in respect thereof:
Provided that an appeal may be admitted after the
expiration of the period prescribed therefore by this section if
the appellant satisfies the appellate authority that he had
sufficient cause for not preferring the appeal within that
period.
(b) the amount, if any, in dispute in the appeal has been deposited
by the appellant in the office of the Corporation.
134. Finality of appellate orders.- Any person aggrieved by an order
passed in appeal under section 132 may within thirty days of the
communication to him of such order, make an application in writing to the
State Government for revision against the said order and the State
Government may confirm, alter or rescind the said order:
Provided that the Government shall not pass an order under this
section prejudicial to any person without giving such person a reasonable
opportunity of being heard.
135. Taxation not to be questioned except under this Act.- (1) No
objection shall be taken to any valuation or assessment, nor shall the liability
of any person to be assessed or taxed be questioned in any other manner or by
any other authority than is provided in this Act.
(2) No refund of any tax shall be claimable by any person otherwise
than in accordance with the provisions of this Act, and the rules made
thereunder.
136. Power to inspect for purposes of determining the rateable
value or tax or fee.- (1) The Commissioner or any other person authorised by
him in this behalf, may without giving any previous notice, enter upon and
make an inspection of -
(a) any land or building for the purpose of determining the
rateable value of such land or building;
(b) any stable, garage, or coach house or any place wherein he
may have reason to believe that there is any vehicle or animal
liable to a tax or fee under this Act;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 99

(c) any place or premises which he has reason to believe are

being used or are about to be used for any performance or
show in respect of which the show tax is payable or would be
payable; and
(d) any land, building or vehicle in or upon which any
advertisement liable to fee under this Act is exhibited or
displayed.
(2) The Commissioner may, by written summons, require the
attendance before him of any person whom he has reason to believe to be
liable to the payment of a tax in respect of a vehicle or animal, or of any
servant of any such person and may examine such person or servant as to the
number and description of vehicles and animals owned by or in the possession
or under the control of such person; and every person or servant of such
person so summoned shall be bound to attend before the Commissioner and to
give information to the best of his knowledge and belief as to the said matters.
137. Composition.- (1) Subject to the rules made in this behalf, the
Commissioner, may with the previous sanction of the Corporation allow any
person to compound any tax for a period not exceeding one year at a time.
(2) Every sum due by reason of the composition of a tax under sub-
section (1) shall be recovered as an arrear of tax under this Act.
138. Irrecoverable debts.- (1) The Commissioner may write off any
sum due on account of any tax or of the costs of recovering any tax if such
sum is, in his opinion irrecoverable:
Provided that no sum exceeding one thousand rupees shall be written
off in favour of any one person without the previous sanction of the
Corporation.
(2) The Commissioner shall report to the Corporation every case in
which any sum has been written off under sub-section (1).
139. Obligation to disclose liability.- (1) The Commissioner may, by
written notice, call upon any person in the municipal area to furnish such
information as may be necessary for the purpose of ascertaining-
(a) whether such inhabitant is liable to pay any tax or fee
imposed by the Corporation under this Act;
(b) at what amount he should be assessed; or
(c) the rateable value of the land or building which he occupies
and the name and address of the owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish
information neglects to furnish it within the period specified in this behalf by
the Commissioner or furnishes information which is not true to the best of his
knowledge or belief, he shall be liable, in addition to any penalty which may
be imposed under this Act to be assessed at such amount on account of tax or
fee as the Commissioner may deem proper.
100 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

140. Power to amend list in certain cases.- (1) Notwithstanding

anything contained in this Chapter, where the prescribed authority is satisfied
that any property has been erroneously valued or assessed through fraud,
accident or mistake whether on the part of the Corporation or any officer or
employees of the Corporation or of the assessee, it may , after giving to the
assessee an opportunity of being heard or after making such enquiry as it may
deem fit, pass an order amending the assessment already made and fixing the
amount of tax payable for that property and on the issue of such an order the
assessment list then in force shall, subject to the order, if any, passed in appeal
or revision be deemed to have been amended accordingly with effect from
first day of January, or first day of April, or first day of July, or first day of
October next following the month in which the order is passed.
(2) Any person aggrieved by an order of the prescribed authority may,
within a period of thirty days of the date of communication to him of the
order, file an appeal to the Government which shall decide the appeal after
giving to the appellant an opportunity of being heard.
141. Immaterial error not to affect liability.- No assessment and no
charge or demand on account of any tax shall be impeached or affected by
reason only or any mistake in the name, residence, place of business or
occupation of any person liable to pay the tax or in the description of any
property or thing, or of any mistake in the amount of the assessment, charge
or demand, or by reason only of clerical error or other defect of form, if the
directions contained in this Act and the bye-laws made thereunder have in
substance and effect been complied with; and it shall be enough in the case of
any such tax on property or any assessment of value for the purpose of any
such tax, if the property taxed or assessed is so described as to be generally
known, and it shall not be necessary to name the owner or occupier thereof.
142. Power of exemption.- The Corporation may, by resolution
passed in this behalf, exempt, in whole or in part for any period not exceeding
one year from the payment of any tax, any person who by reason of poverty
may in its opinion, be unable to pay the same, and may renew such exemption
as often as may be necessary.
143. Power of Government in regard to taxes.- (1) The
Government may by order exempt in whole or in part from the payment of
any tax any person or class of persons or any property or description of
property.
(2) If at any time it appears to the Government, on complaint made or
otherwise, that any tax imposed is unfair in its incidence or that the levy
thereof or of any part thereof is injurious to the interests of the general public,
it may require the Corporation to take within a specified period, measures to
remove the objection; and, if within that period the requirement is not
complied with to the satisfaction of the Government, the Government may, by
notification, suspend, the levy of the tax or such part thereof until the
objection has been removed.
CHAPTER-IX
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 101

BORROWING
144. Power of Corporation to borrow.-(1) The Corporation may, in
pursuance of any resolution passed by it, borrow by way of debenture or
otherwise on the security of any immoveable property vested in it or proposed
to be acquired by it or of all or any of the taxes, rates, cesses, fees and charges
authorised by or under this Act or from public financial institutions, any sums
of money which may be required:-
(a) for acquiring any land which it has power to acquire;
(b) for erecting any building which it has power to erect;
(c) for the execution of any permanent work, the provision of any
plant, or the doing of any other thing which it has power to
execute, provide or do, if the cost of carrying out the purpose
in question ought to be spread over a term of years;
(d) to pay off any debt due to the Government;
(e) to repay a loan previously raised under this Act or any other
Act previously in force; or
(f) for any other purpose for which the Corporation is, by virtue
of this Act or any other law for the time being in force,
authorised to borrow:
Provided that -
(i) no loan shall be raised without the previous sanction of
the Government;
(ii) the amount of loan, the rate of interest and the terms
including the date of floatation, the time and method of
the repayment and the like shall be subject to the approval
of the Government.
(2) When any sum of money has been borrowed under sub-section
(1), no portion of any sum of money borrowed for any of the purposes
referred to in clause (c) of sub-section (1) shall be applied to the payment of
salaries and allowances to any Corporation officers or other Corporation
employees other than those exclusively employed in connection with the
carrying out of that purpose.
(3) The Corporation shall be deemed to be a local authority for the
purposes of Local Authorities Act, 1914 (9 of 1914).
145. Time for repayment of money borrowed under section 144. -
The time for the repayment of any money borrowed under section 144 shall in
no case exceed sixty years and the time for repayment of any money borrowed
for the purpose of discharging any previous loan shall not, except with the
express sanction of the Government extend beyond the unexpired portion of
the period for which such previous loan was sanctioned.
102 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

146. Form and effect of debentures.- All debentures issued under

this chapter shall be in such form as the Corporation may, with the previous
sanction of the Government, determine and shall be transferable in such
manner as shall be expressed therein, and the right to sue in respect of the
money secured by any of such debentures shall vest in the holders thereof for
the time being without any preference by reason of some of such debentures
being prior in date to others.
147. Receipt by joint holders for the interest or dividend.- When
two or more persons are joint holders of any debenture or security issued
under this Act, any one of such persons may give an effectual receipt for any
interest or dividend payable in respect of such debentures or security, unless
notice to the contrary has been given to the Corporation by the other persons.
148. Maintenance and investment of sinking fund.- (1) The
Corporation shall maintain sinking funds for the repayment of money
borrowed on debentures issued and shall pay every year into such sinking
funds such sum as will be sufficient for the repayment within the period fixed
for the loan of all moneys borrowed on the debentures issued.
(2) All moneys paid into the sinking funds shall, as soon as possible
be invested by the Commissioner in public securities and every such
investment shall be reported by the Commissioner to the Corporation within
fifteen days.
(3) All dividends and other sums received in respect of any such
investment shall, as soon as possible after receipt, be paid into the sinking
funds and invested in the manner laid down in sub-section (2).
(4) Any investment made under this section may, subject to the
provisions of sub-section (2), be varied or transposed.
149. Application of sinking fund.- A sinking fund or any part thereof
shall be applied in or towards the discharge of loan or a part of the loan for
which such fund was created, and until such loan or part is wholly discharged
shall not be applied for any other purpose.
150. Annual statement by Commissioner.- (1) The Commissioner
shall, at the end of every year, submit to Corporation a statement showing:-
(a) the amount which has been invested during the year under
section 148;
(b) the date of the last investment made previous to the
submission of the statement;
(c) the aggregate amount of the securities then in his hand; and
(d) the aggregate amount which has up to the date of the
statement been applied under section 149, in or towards
discharging loans.
(2) A copy of every such statement shall also be submitted to the
Government.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 103

151. Priority of payment for interest and repayment of loans over

other payments.- All payments due from the Corporation on account of
interest and repayment of loans shall be made in priority to all other payments
due from the Corporation.
152. Attachment of Corporation Fund for recovery of money
borrowed from Government.- (1) If any money borrowed or deemed to have
been borrowed by the Corporation from the Government or any interest or
costs due in respect thereof be not repaid according to the conditions of the
loan, the Government may attach the Corporation Fund or any part thereof.
(2) After such attachment no person except an officer appointed in
this behalf by the Government shall in any way deal with the attached fund;
but such officer may do all acts in respect thereof which any Corporation
authority, officer or other employees might have done if such attachment had
not taken place and may apply the proceeds in satisfaction of the arrears and
of all interest and costs due in respect thereof and of all expenses caused by
the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any debt
for which the fund was previously charged in accordance with law; and all
such prior charges shall be paid out of the proceeds of the funds before any
part of the proceeds is applied to the satisfaction of the debt due to the
Government.
153. Power to make regulations.- The Corporation may make
regulations to carry out purposes of this chapter including, in particular, the
issue of duplicate in case of loss of debentures by theft, destruction or
otherwise, and renewal of debentures on payment of fees prescribed in this
behalf by such regulations.
154.Property vested in Corporation and management of public
institutions.- (1) Subject to any special reservation made or to any special
conditions imposed by the Government, all property of the nature hereinafter
in this section specified and situated within the municipal area, shall vest in
and be under the control of the Corporation, and with all other property, which
vests in the Corporation by virtue of the provisions of this Act or any other
law for the time being in force, shall be held and applied by it for the purposes
of this Act, that is to say,-
(a) all such public towns, walls, gates, market, stalls, slaughter
houses, manure and depots and public buildings of every
description as have been constructed or are maintained out of
the Corporation Fund;
(b) all public streams, springs and works for the supply, storage
and distribution of water for public purposes, and all bridges,
buildings, engines, materials and things connected therewith
or appertaining thereto, and also any adjacent land (not being
private property) appertaining to any public tank or well;
104 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(c) all public sewers and all drains, and sewers, culverts and
water courses in or under any public street, or constructed by
or for the Corporation along side any public street, and all
works material and things appertaining thereto;
(d) all public lamps, lamp posts, and apparatus connected
therewith or appertaining thereto;
(e) all land or other property transferred to the Corporation by the
Government or acquired by gift, purchase or otherwise for
public purposes;
(f) all public streets, not being land owned by Government and
the payments, stones and other materials thereof and also
trees growing on and erections, materials, implements and
things, provided for such streets.
(2) Where any immovable property is transferred otherwise than by
sale by the Government to the Corporation for public purposes, it shall be
deemed to be a condition of such transfer, unless specially provided to the
contrary that should the property be at any time resumed by Government the
compensation payable therefor shall in no case exceed the amount, if any,
paid to the Government for the transfer, together with the cost or the present
value whichever shall be less, of any buildings erected, other works executed
on the land by the Corporation.
(3) The Corporation shall maintain a register and a map of immovable
property of which it is the proprietor or which vests in it, or which it holds in
trust for the Government.
(4) The management, control and administration of every public
institution maintained out of the Corporation Fund shall vest in the
Corporation.
(5) When any public institution has been placed under the direction,
management and control of the Corporation, all property, endowments and
funds belonging thereto shall be held by the Corporation in trust for the
purposes to which such property, endowments and funds were lawfully
applicable at the time when the institution was so placed:
Provided that the extent of the independent authority of the
Corporation in respect of any such institution may be prescribed by the
Government.
CHAPTER-X
PROPERTIES AND CONTRACTS
155.Acquisition of immovable property by agreement.- Whenever
the Corporation decides to acquire any immovable property, for the purpose
of this Act, the Commissioner shall acquire such property on behalf of the
Corporation by agreement on such terms and at such price as may be
approved by the Government.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 105

156. Procedure when immovable property can not be acquired by

agreement.- Whenever the Commissioner is unable to acquire any
immovable property, under section 155 by agreement, Government may at the
request of the Commissioner acquire the same under the provisions of the
Land Acquisition Act, 1894 (1 of 1894), and on payment by the Corporation
of the compensation awarded under that Act and of the charges incurred by
the Government in connection with the proceedings, whereafter the land shall
vest in the Corporation.
157. Disposal of property.- With respect to the disposal of property
belonging to the Corporation, the following provisions shall have effect,
namely:-
1 2
{ [(a) the Commissioner, with the prior approval of the Standing
Committee constituted under sub-section (4) of section 40 of
the Act, may dispose of, by sale, lease or otherwise, any
movable or immovable properties belonging to the
Corporation, by public auction, except such movable and
immovable properties which is to be given on lease or
otherwise, to the Government Departments, Boards or
Corporations for public utility;]
(b) the mode and condition precedent to the transfer of
immovable property, shall be governed by regulations or bye-
laws made by the Corporation; and
(c) the Commissioner shall maintain a register giving therein the
detail of the immovable properties and prepare annual
statement indicating the changes, if any, in the said inventory,
in such manner as may be prescribed by bye-laws and shall
place the same before the Corporation for consideration at the
end of the year.}
158. Contracts by Corporation.- (1) Subject to the provisions of
section 159 the Corporation shall be competent to enter into and perform any
contract necessary for the purposes of this Act.
(2) The contracts by the Corporation under this Act would be made in
the manner prescribed.
159. Procedure for making contracts.- With respect to the making
of contracts, the following provisions shall have effect, namely:-
(a) every such contract shall be made on behalf of the
Corporation by the Commissioner;
(b) no such contract, for any purpose which in accordance with
any provision of this Act the Commissioner may not carry out
without the approval or sanction of the Corporation, shall be

1. Clauses (a) to (c) substituted for existing clauses (a) to (g) vide H.P. Act No. 32
of 2011, effective from 20th February, 2012.
2. Clause (a) substituted vide H.P. Act No. 13 of 2016.
106 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

made by him until and unless such approval or sanction has

been duly obtained;
1
[(c) every contract involving an expenditure not exceeding
2
[rupees ten lac] or such higher amount as the Corporation
may fix, may be made by the Commissioner:]
3
[Provided that the contract exceeding 4[rupees ten lac] in value or
such higher amount as the Corporation may fix, shall be made by the
Commissioner only after prior approval of the Corporation.]
160. Mode of executing contracts.- (1) The mode of executing
contracts under this Act shall be prescribed by bye-laws made in this behalf.
(2) No contract which is not made in accordance with the provisions
of this Act and bye-laws made thereunder shall be binding on the Corporation.
CHAPTER XI
ACCOUNTS AND AUDIT
161. Maintenance of accounts.- (1) There shall be kept in such
manner and in such form as may be prescribed by regulations accounts of
receipts and expenditure of the Corporation.
(2) Till regulations as mentioned in sub-section (1) are framed, the
provisions of the Himachal Pradesh Municipal Account Code, 1975, presently
in force in respect of the municipalities shall be applicable.
(3) The accounts of the Municipal Corporation Fund shall be audited
by a separate and independent audit agency 5[xxxxxxxxxxxxxxxxxxxxx].
(4) For the purposes of examination and audit of the Corporation
accounts, the audit agency shall have access to all the Corporation Accounts
and to all records and correspondence relating thereto and the Commissioner
shall forthwith furnish to the audit agency any explanation concerning any
receipts or expenditure which they may call for.
162. Report by audit agency.- (1) The audit agency shall,-
(a) report to the Corporation any material impropriety or
irregularity which it may at any time observe in the
expenditure or in the recovery of moneys due to the
Corporation or in the Corporation accounts;

1. Clause (c) ubstituted for clauses (c) and (d) vide H.P. Act No. 32 of 2011,
effective from 20th February, 2012.
2. Substituted for the words “rupees five lac” vide H.P. Act No. 13 of 2016
3. Proviso substituted vide H.P. Act No. 32 of 2011, effective from 20th February,
2012.
4. Substituted for the words “rupees five lac” vide H.P. Act No. 13 of 2016
5. The words and sign “, under the control of the Director” deleted vide H.P. Act
No. 19 of 2007.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 107

(b) furnish to the Corporation such information as it may from

time to time require concerning the progress of the audit.
(2) On receipt of the report under sub-section (1) the Corporation
shall take such action thereon as may be deemed necessary.
(3) As soon as may be after the commencement of each year, the audit
agency shall deliver to the Corporation, a report of the entire Corporation
accounts for the previous year.
(4) The Commissioner shall cause the said report to be printed and
shall forward as soon as may be a printed copy thereof to each member.
163. Action by Commissioner on the report.- (1) The
Commissioner shall, as soon as may be, remedy defects or irregularities if
any, pointed out in the said report and shall also forward without delay to the
Government so many copies of the said report as may be required by the
Government with a brief statement of the action, if any, taken or proposed to
be taken thereon.
(2) If there is a difference of opinion between the audit agency and the
Commissioner or if the Commissioner does not remedy the defects or
irregularities pointed out in the report within a reasonable period, the audit
agency shall refer the matter to the Secretary, Local Government Department
whose decision shall be final and binding.
164. Procedure to be followed by audit agency.- (1) Audit agency
shall audit the accounts of the Corporation with the assistance of officers and
other employees subordinate to it.
(2) In the discharge of his functions under this section, the auditor
shall-
(a) audit the accounts of expenditure of the Corporation and shall
ascertain whether moneys shown therein as having been
disbursed were legally available for, and applicable to the
service or purpose to which they have been applied or
charged, and whether the expenditure conforms to the
authority which governs it;
(b) audit the accounts of debt, deposits, sinking funds, advances,
suspense and remittance transactions of the Corporation and
report upon those accounts and upon the results of
verification of the balances relating thereto.
(3) The auditor shall examine and audit the statement of accounts
relating to the commercial services conducted in any department of the
Corporation, including the trading, manufacturing and profit and loss
accounts, and the balance-sheets where such accounts are maintained under
the order of the Corporation, and shall certify and report upon these accounts.
(4) The auditor shall, in consultation with the Commissioner and
subject to any directions given by the Government, determine the form and
manner to which his reports on the accounts of the Corporation shall be
108 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

prepared and shall have authority to call upon any officer of the Corporation
to provide any information necessary for the preparation of these reports.
165. Power of auditor to make queries etc. and call for returns
etc.- (1) The auditor may make such queries and observations in relation to
and of the accounts of the Corporation which he is required to audit and call
for such vouchers, statements, returns and explanations in relation to such
accounts as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly
taken into consideration by the officer or authority to whom it may be
addressed and returned without delay with the necessary vouchers, documents
or explanations to the auditor.
(3) The powers of the auditor with regard to the disapproval of, and
the procedure with regard to the settlement of objections to the expenditure
from the revenues of the Corporation shall be such as may be prescribed in
consultation with the auditor.
(4) If the auditor considers it desirable that the whole or any part of
the audit applied to any accounts which he is required to audit shall be
conducted in the offices in which those accounts originate, he may require that
those accounts together with all books and documents having relation thereto
shall at all convenient times be made available to the said officers for
inspection.
(5) The auditor shall have the power to require that any books or other
documents relating to the accounts he is required to audit shall be sent for
inspection by him:
Provided that if the documents are confidential he shall be responsible
for preventing disclosure of their contents.
(6) The audit agency shall have authority to frame standing orders and
to give directions on all matters relating to audit, and particularly in respect of
the method and the extent of audit to be applied and the raising and pursuing
of objections.
CHAPTER-XII
WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL
166. Definitions.- In this Chapter, unless the context otherwise
requires, the following words and expressions in relation to water supply shall
have the respective meanings given below, namely-
(1) “communication pipe” means -
(a) where the premises supplied with water about on the part
of the street in which the main is laid, and the service
pipe enters those premises otherwise than through the
outer wall of a building on the street and has a stopcock
placed in those premises and as near to the boundary of
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 109

that street as is reasonably practicable, so much of the

service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies
between the main and the boundary of the street in
which the main is laid, and includes the ferrule at the
junction of the service pipe with the main, and also-
(i) where the communication pipe ends at a stopcock
that stopcock; and
(ii) any stopcock fitted on the communication pipe
between the end thereof and the main;
(2) “main” means a pipe laid by the Corporation for the purpose
of giving a general supply of water individual consumers and
includes any apparatus used in connection with such a pipe;
(3) “service pipe” means so much of any pipe for supplying
water from a main to any premises as is subject to water
pressure from that main, or would be so subject but for the
closing of some tap;
(4) “supply pipe” means so much of any service pipe which is not
a communication pipe;
(5) “trunk main” means a main constructed for the purposes of
conveying water from a source of supply to a filter or
reservoir or from one filter or, reservoir to another filter or
reservoir, or for the purpose of conveying water in bulk from
one part of the limits of supply to another part of those limits
or for the purpose of giving or taking a supply of water in
bulk;
(6) “water fitting” includes pipes (other than mains) taps, cocks,
valves, ferrules, meters, cisterns, baths and other similar
apparatus used in connection with the supply and use of
water.
167. Power to require Corporation to carry out surveys and
formulate proposals.- The Government may require the Corporation to -
(a) carry out a survey of the existing consumption of and demand
for water supplies in the municipal area and of the water
resources in or available for the municipal area;
(b) prepare an estimate of the future water supply requirements of
the municipal area;
(c) carry out a survey of the existing quality of sewage disposed
of and the manner in which it is disposed of;
(d) formulate proposals as to -
110 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(i) the existing or future sewage disposal requirements of the

municipal area,
(ii) the existing or future sewage disposal requirements in the
municipal area including proposals for the manner in which
and the place or places at which such sewage should be
carried, treated and disposed of.
168. Power to construct additional works.- If the Corporation is of
the opinion that the works and other properties for the time being vested in it
for the purpose of water supply, drainage and sewage disposal are inadequate
for the purpose of sufficient supply of water or for the purpose of proper
drainage and efficient disposal of sewage under this Act, it may take steps in
accordance with the provisions of this Act for the construction of additional
works, whether within or outside the limits of the Corporation and for the
acquisition of additional properties for such works.
169. Functions in relation to water supply.- (1) It shall be the duty
of the Corporation to take steps from time to time-
(a) for ascertaining the sufficiency and wholesomeness of water
supplies within the municipal area;
(b) for providing a supply of wholesome water in pipes to every
part of the municipal area in which there are houses for the
domestic purpose of the occupants thereof, and for taking the
pipes affording that supply to such point or points will enable
the houses to be connected thereto at a reasonable cost, so,
however, that this clause shall not require the Corporation to
do anything which is not practicable at a reasonable cost or to
provide such supply to any part of municipal area where such
a supply is already available at such point or points aforesaid;
(c) for providing, as far as possible, a supply of wholesome water
otherwise than in pipes to every part of the municipal area in
which there are houses, for the domestic purposes of the
occupants thereof and to which it is not practicable to provide
a supply in pipes at a reasonable cost, and in which danger to
health arises from the insufficiency or unwholesomeness of
the existing supply and a public supply is required and can be
provided at a reasonable cost, and for securing that such
supply is available within a reasonable distance of every
house in that part.
(2) If any question arises under clause (b) of sub-section (1) as to
whether anything is or is not practicable at a reasonable cost or is to the point
or points, to which pipes must be taken in order to enable houses to be
connected to them at reasonable cost, or under clause (c) thereof as to whether
a public supply can be provided at a reasonable cost the Corporation shall
determine that question and thereupon the Commissioner shall give effect to
that determination.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 111

170. Supply of water to connected premises.- (1) The

Commissioner may, on application by the owner of any building arrange for
supplying water from the nearest main to such building for domestic purposes
in such quantities as he deems reasonable, and may at any time limit the
amount of water to be supplied whenever he considers necessary.
(2) Apart from the charges for the domestic supply at rates as may be
fixed by the Government, additional charges will be payable for the following
supplies of water:-
(a) for animals or for washing vehicles where such animals or
vehicles are kept for sale or hire;
(b) for any trade, manufacture or business;
(c) for fountains, swimming baths, or for any ornamental or
mechanical purposes;
(d) for gardens or for purposes of irrigation;
(e) for watering roads and paths;
(f) for building purposes.
171. Power to supply water for non-domestic purposes.- (1) The
Commissioner may supply water for any purpose other than a domestic
purpose on such terms and conditions consistent with this Act and the bye-
laws made thereunder as may be laid down in this behalf by the Corporation
in receiving a written application specifying the purpose for which the supply
is required and the quantity likely to be consumed:
Provided that for building purposes, water supply shall be made for a
period of one year in the first instance, on an application accompanied by a
copy of a building plan duly sanctioned by a competent authority and
thereafter be extended, by six months at a time, for a period of not exceeding
the period allowed for the completion of the construction or for three years
whichever is less:
Provided further that the water supply made, for the building
purposes, on or before the commencement of this Act, shall continue for a
period of three years reckoned from such commencement.
(2) The Commissioner may withdraw such supply at any time if it
should appear necessary to do so in order to maintain a sufficient supply of
water for domestic purposes.
172. Making connection with municipal water works.- (1) Where
an application under section 170 or section 171 has been received, all
necessary communication pipes and fittings shall be supplied by the
Corporation and the work of laying and applying such communication pipes
and fittings shall be executed by Corporation agency under the orders of the
Commissioner, but the cost of making any such connection and of all
communication pipes and fittings so supplied and of all works so executed,
shall be paid by the owner or the person making such application. The
112 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Corporation may either provide a meter and charge rent for the same or may
require the owner or applicant to provide a meter of such size, material and
description as it shall approve.
(2) Notwithstanding anything contained in sub-section (1), the
Commissioner may require any owner or person applying for a supply of
water to provide all communication pipes and fittings and to carry out at his
own cost under his supervision and inspection all the work of laying and
applying such communication pipes and fittings.
173. Obligation of owner or occupier to give notice of waste of
water.- Any owner or occupier of any building or land in or on which water
supplied under this Act is misused from negligence or other circumstances
under his control or used without permission in excess of the quantity fixed
under section 170 or section 171 or in which the pipes, mains or other works
are out of repair to such an extent as to cause waste of water, shall, if he has
knowledge thereof, be bound to give notice of the same to such officer as the
Corporation may appoint in this behalf.
174. Cutting of supply to premises.- If any person whose premises
are supplied with water, neglects to pay the water-tax or any sum payable,
under section 170 or section 171 when due, or to give notice as provided in
the last preceding section, or wilfully or negligently misuses or causes waste
of water the Corporation may cut off the supply of water from the said
premises.
175. New premises no to be occupied without arrangement for
water supply.- It shall not be lawful for the owner of any premises which
may be newly constructed or reconstructed within any portion of the
municipal area, in respect of which the Commissioner has given public notice
under clause (b) of section 87 to occupy it or cause or permit it to be occupied
until he has obtained a certificate from the Commissioner that there is
provided within, or within a reasonable distance of, the premises, such supply
of wholesome water as appears to the Commissioner to be adequate for the
person who may occupy, or be employed in, such premises for their domestic
purposes.
176. Public gratuitous water supply.- (1) The Commissioner, with
the approval of the Corporation, may provide gratuitous supply of wholesome
water to the public within the municipal area and may, for that purpose, erect
public hydrants or other conveniences.
(2) The Commissioner, may, with like approval, close a public
hydrant for other convenience when it is no longer, required for the supply of
wholesome water to the public.
177. Power to lay mains.- (1) The Commissioner may, lay a main
whether within or outside the limits of the Corporation -
(a) in any street; and
(b) with the consent of every owner and occupier of any land not
forming part of a street, in, over or on that land, and may, from
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 113

time to time in respect of, repair, alter or renew or may at any

time remove any main so laid whether by virtue of this section
or otherwise:
Provided that where a consent required for the purpose of this sub-
section is withheld, the Commissioner may, after giving the owner or occupier
of the land a written notice of his intention so to do, lay the main in, over or
on that land even without such consent.
(2) Where the Commissioner, in exercise of the powers under this
section lays a main, in, over or on any land not forming part of a street or
inspects, repairs, alters, renews or removes a main so laid down in, over or on
any such land, he shall pay compensation to every person interested in that
land for any damage done to, or injurious affection of that land by reasons of
the inspection, laying, repair, alteration, renewal or removal of the main.
178. Power to lay service pipes etc.- (1) The Commissioner may, in
any street, whether within or outside the limits of the Corporation, lay such
service pipes with such stopcocks and other water fittings as he may deem
necessary for supplying water to premises and may, from time to time,
inspect, repair, alter or renew and may at any time, remove any service pipe
laid in a street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over or on the land
not forming part of a street, the Commissioner may, from time to time, enter
upon that land and inspect, repair, alter, renew or remove the pipe or lay a
new pipe in substitution thereof but shall pay compensation for any damage
done in the course of such action.
179. Provision of fire hydrants.- (1) The Commissioner shall fix
hydrants on water mains (other than trunk mains) at such places as may be
most convenient for affording supply of water for extinguishing any fire
which may break out and shall keep in good order and from time to time
renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section,
letters, marks or figures shall be displayed prominently on some wall, building
or other structure near such hydrant.
(3) As soon as any such hydrant is completed, the Commissioner shall
deposit a key thereof at each place where a public fire engine is kept and in
such other places as he deems necessary.
(4) The Commissioner may at the request and expense of the owner or
occupier of any factory, workshop trade premises or place of business,
situated in or near a street in which a pipe is laid (and not being a trunk main
and being of sufficient dimensions to carry a hydrant), fix on the pipe and
keep in good order from time to time to renew one or more fire hydrants to be
used only for extinguishing fires as near as conveniently may be to that
factory, workshop, trade premises or place of business.
114 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(5) The Commissioner shall allow all persons to take water for
extinguishing fires from any pipe on which a hydrant is fixed without any
payment.
180. Power to enter premises to detect waste or misuse of water.-
The Commissioner or any Corporation officer authorised by the
Commissioner in writing may, between sunrise and sunset, enter any premises
supplied with water by the Corporation in order to examine if there be any
waste or misuse of such water and the Commissioner or such officer shall not
be refused admittance to the premises nor shall be obstructed by any person in
making his examination.
181. Power to test water fittings.- The Commissioner may test any
water fittings used in connection with water supplied by the Corporation.
182. Power to close or restrict use of water from polluted source
of supply.- (1) If the Commissioner is of opinion that the water in or obtained
from any well, tank or other source of supply not vested in the Corporation,
being water which is or is likely to be used for domestic purposes, or for the
preparation of food or drink for human consumption, or is likely to become so
polluted as to be prejudicial to health, the Commissioner may after giving the
owner or occupier of the premises in which the source of supply is situated a
reasonable opportunity of being heard, by order direct, that the source of
supply be permanently or temporarily closed or cut off or the water therefrom
be used for certain purposes only or make such order as appears to him
necessary to prevent injury or danger to the health of persons using the water
or consuming food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner
may cause the water to be analysed at the cost of the Corporation.
(3) If the person to whom an order is made under this section fails to
comply therewith, the Commissioner may do whatever may be necessary for
giving effect to the order and any expenses reasonably incurred by him in so
doing may be recovered by him from the person in default as an arrear of tax
under this Act.
183. Water pipes etc. not to be placed where water will be
polluted.- (1) No water pipes shall be laid in a drain or on the surface of any
open channel or house gully or within six meters of a cesspool or in any
position where the pipe is likely to be injured or the water therein polluted;
and no well or tank except with the consent of the Commissioner, no cistern
shall be constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six
meters of any well, tank, water pipe or cistern or in any position where the
pipe, well, tank or cistern is likely to be injured or the water therein polluted.
184. Joint and several liability of owners and occupiers for offence
in relation to water supply.- If any offence relating to water supply is
committed under this Act on any premises connected with the Corporation
water works the owner, the person primarily liable for the payment of the
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 115

water tax, and the occupiers of the said premises shall be jointly and severally
liable for such offence.
185. Public drains etc. to vest in Corporation.- (1) All public
drains, all drains in, alongside or under any street, and all sewage disposal
works whether constructed out of the Corporation Fund or otherwise and all
works, materials and things pertaining thereto which are situated in the
municipal area shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation are
hereafter in this Act referred to as Corporation drains.
(3) For the purpose of enlarging, deepening or otherwise repairing or
maintaining any drain or sewage disposal work so much of the sub-soil
pertaining thereto as may be necessary for the said purposes shall also be
deemed to vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and
fittings connected with the drainage works constructed, erected or set up out
of the Corporation Fund in or upon premises not belonging to the Corporation,
whether -
(a) before or after the commencement of this Act, and
(b) for the use of the owner or occupier of such premises or not,
shall unless the Corporation has otherwise determined, or does at any
time otherwise determine, vest and be deemed always to have vested in the
Corporation.
186. Control of drains and sewage disposal works.- (1) All
Corporation drains, all sewage disposal works and works, materials and things
appertaining thereto, shall be under the control of the Commissioner.
(2) The Commissioner shall maintain and keep in repair all municipal
drains and sewage disposal works and when authorised by the Corporation in
this behalf, shall construct as may new drains and sewage disposal works as
may from time to time be necessary for effectual drainage and sewage
disposal.
187. Certain matters not to be passed into municipal drains.- No
person shall throw, empty, or turn into any Corporation drain or into any drain
communicating with a Corporation drain-
(a) any matter likely to injure the drain or to interfere with the free
flow of its contents, or to affect prejudicially the treatment and
disposal of its contents; or
(b) any chemical, refuse or waste steam, or any liquid of a
temperature higher than forty five degrees Celsius being refuse
or steam which or a liquid which when so heated is either alone
or in combination with the contents of the drain, dangerous or
the cause of nuisance, prejudicial to health; or
(c) any dangerous petroleum.
116 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Explanation.- “In this section the expression” “dangerous petroleum”

has the same meaning as is assigned to it in the Petroleum Act, 1934 (30 of
1934).
188. Application by owners and occupiers to drain into municipal
drains.- (1) Subject to such conditions as may be prescribed by bye-laws
made in this behalf, the owner or occupier of any premises having a private
drain, or the owner of any private drain within the municipal area may apply
to the Commissioner to have his drain made to communicate with the drains
and thereby to discharge foul water and surface water from those premises or
that private drain:
Provided that nothing in this sub-section shall entitle any person-
(a) to discharge directly or indirectly into any Corporation drain -
(i) any trade effluent from any trade premises except in
accordance with by-laws made in this behalf; or
(ii) any liquid or other matter the discharge of which into
Corporation drains is prohibited by or under this Act or
any other law; or
(b) where separate Corporation drains are provided for foul water
and for surface water to discharge directly or indirectly:-
(i) foul water into a drain provided for surface water; or
(ii) except with the permission of the Commissioner, surface
water into drain provided for foul water; or
(c) to have his drains made to communicate directly with a storm
water overflow drain.
(2) Any person desirous of availing himself of the provisions of sub-
section (1), shall give to the Commissioner a notice of his proposals, and at
any time within one month after receipt thereof, the Commissioner may by
notice to him refuse to permit the communication to be made, if it appears to
him that the mode of construction or condition of the drain is such that the
making of the communication would be prejudicial to the drainage system,
and for the purpose of examining the mode of construction and condition of
the drain he may, if necessary, require it to be laid open for inspection.
(3) The Commissioner may, if he thinks fit, construct such part of the
work necessary for having a private drain made to communicate with the
municipal drain as is in or under a public street and in such a case the
expenses incurred by the Commissioner, shall be paid by the owner or
occupier of the premises, or as the case may be, the owner of the private drain
and shall be recoverable from the owner or occupier as an arrear of tax under
this Act.
189. Drainage of undrained premises.- (1) Where any premises are
in the opinion of the Commissioner, without sufficient means of effectual
drainage and a municipal drain or some place approved by the Commissioner
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 117

for the discharge of filth and other polluted and obnoxious matter is situated at
a distance of not exceeding thirty metres from any part of the said premises,
he may, by written notice require the owner of the said premises-
(a) to make a drain emptying into such Corporation drain or
place;
(b) to provide and set up all such appliances and fittings as may
appear to the Commissioner necessary for the purpose of
gathering and receiving the filth and other polluted and
obnoxious matter from and conveying the same off, the said
promises and of effectually flushing such drain and every
fixture connected therewith;
(c) to remove any existing drain or other appliance or thing used
or intended to be used for drainage which is injurious to
health;
(d) to provide a close drain in substitution of an open drain or to
provide such other appliance or thing either newly or in
substitution of any existing appliance or thing or to provide
both a closed drain and such other appliance or thing in
substitution of the existing open drain and other appliance or
thing which is or is likely to be injurious to health;
(e) to provide and set up all such appliances and fittings as may
appear to the Commissioner to be necessary for the purpose
of gathering and receiving the waste water from floors and
galleries of buildings when they are washed and conveying
the same through spouts, by down take pipes so as to prevent
such waste water from discharging directly on streets or
inside and lower portion of the premises;
(f) to carry out any work to improve or re-model an existing
drain which is inadequate, insufficient or faulty.
(2) Where in any case not provided for in sub-section (1), any
premises are in the opinion of the Commissioner, without sufficient means of
effectual drainage, he may, by written notice, require the owner of the
premises -
(a) to construct a drain up to a point to be prescribed in such notice
but not at a distance of more than thirty metres from any part of
the premises; or
(b) to construct a close cesspool a soakage pit and drain or drains
supplying into such cesspool or soakage pit.
(3) Any requisition for the construction of any drain under sub-section
(2) may contain any of the details specified in sub-section (1).
190. New premises not to be erected without drainage.- (1) It shall
not be lawful to erect or to re-erect any premises in the municipal area or to
occupy any such premises unless -
118 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(a) a drain be constructed of such size, materials, and with such

fall as shall appear to the Commissioner to be necessary for
the effectual drainage of such premises;
(b) there have been provided and set up on such premises, such
appliances and fittings as may appear to the Commissioner to
be necessary for the purpose of gathering or receiving the filth
and other polluted and obnoxious matter from, and conveying
the same off, the said premises and of effectually flushing the
drain of the said premises and every fixture connected
therewith.
(2) The drain so constructed shall empty into a Corporation drain
situated at a distance of not exceeding thirty metres from the premises, but if
no Corporation drain is situated within that distance then such drain shall
empty into a cesspool situated within that distance. to be specified by the
Commissioner for the purpose.
191. Power to drain group or block of premises by combined
operations.- (1) If it appears to the Commissioner that any group or block of
premises may be drained more economically or advantageously in
combination than separately, and a Corporation drain of sufficient size already
exists or is about to be constructed within thirty metres of any part of that
group or block of premises, the Commissioner may cause that group or block
of premises, to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section
(1) in respect of any group or block of premises shall be paid by the owners of
such premises in such proportion as the Commissioner may determine and
shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days, before any such work is commenced,
the Commissioner shall give to each such owner -
(a) written notice of the nature of the proposed work; and
(b) an estimate of the expenses to be incurred in respect thereof
and of the proportion or such expenses payable by him.
(4) The Commissioner may require the owners of such group or block
of premises to maintain the work executed under this section.
192. Power of Commissioner to close or limit the use of private
drain in certain cases.- Where a drain connecting any premises with a
Corporation drain is sufficient for the effectual drainage of such premises and
is otherwise unobjectionable but is not in the opinion of the Commissioner,
adapted to the general system of drainage in the municipal area, he may by
written notice addressed to the owner of the premises, direct -
(a) that such drain be closed, discontinued or destroyed and that
any work necessary for that purpose be done; or
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 119

(b) that such drain shall, from such date as may be specified in
the notice in this behalf, be used for filth and polluted water
only or for rain water and un-polluted sub-soil water only:
Provided that -
(i) no drain may be closed, discontinued or destroyed by the
Commissioner under clause (a) except on condition of his
providing another drain equally effectual for the drainage of
the premises and communicating with any Corporation drain
which he thinks fit; and
(ii) the expenses of the construction of any drain so provided by
the Corporation and of any work done under clause (a) may
be paid out of the Corporation Fund.
193. Use of drain by a person other than owner.- (1) Where the
Commissioner either on receipt of an application from the owner of any
premises or otherwise is of opinion that the only or the most convenient
means of effectual drainage of the premises into Corporation drain is through
a drain belonging to another person, the Commissioner may, by notice in
writing, require the owner of such drain to show cause within a period
specified in the notice as to why an order under this section should not be
made.
(2) Where no cause is shown within the specified period or the cause
shown appears to the Commissioner invalid or insufficient, the Commissioner
may, by in writing, either authorise the owner of the premises to use the drain
or declare him to be joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to-
(a) the payment of rent or compensation by the owner of the
premises;
(b) the construction of a drain for the premises for the purpose of
connecting with the aforesaid drain;
(c) the entry upon the land in which the aforesaid drain is situated
with assistants and workmen at all reasonable hours; and
(d) the respective responsibilities of the parties for maintaining,
repairing, flushing, cleaning and emptying the aforesaid
drain.
194. Sewage and rain water drains to be distinct.- Wherever it is
provided in this Chapter that a steps shall or may be taken for the effectual
drainage of any premises, it shall be competent for the Commissioner to
require that there shall be one drain for filth and polluted water and an entirely
distinct drain for rain water and un-polluted sub-soil water or both rain water
and un-polluted sub-soil water, each emptying into separate Corporation
drains or other suitable places.
120 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

195. Powers of Commissioner to require owner to carry out

certain works for satisfactory drainage.- For the purpose of efficient
drainage of any premises the Commissioner may be notice in writing -
(a) require any courtyard, alley or passage between two or more
buildings to be paved by the owner of owners of such
buildings, with such materials and in a such manner as may
be approved by the Commissioner; and
(b) require such paving to be kept in proper repair.
196. Appointment of places for the emptying of drains and
disposal of sewage.- The Commissioner may cause any or all of the
Corporation drains to empty into, and all sewage to be disposed of at such
place or places as he considers suitable:
Provided that no place which has been not before the commencement
of this Act used for any of the purposes specified in this section, shall after
such commencement be used therefor without the approval of the
Corporation:
Provided further that on and after such date as may be appointed by
the Government in this behalf no sewage shall be discharged into any water
course until it has been so treated as not to affect prejudicially the purity and
quality of the water into which it is discharged.
197. Connection with water works and drains not to be made
without permission.- Without the written permission of Commissioner, no
person shall for any purpose whatsoever, at any time make or cause to be
made any connection or communication with any drain referred to in section
186 or any water-works, constructed or maintained by, or vested in the
Corporation.
198. Buildings, railways and private streets not to be erected or
constructed or constructed over drains or water works without
permission.- (1) Without the written permission of the Commissioner no
railway or private street, shall be constructed and no building, wall, fence or
other structure shall be erected on any municipal drain or on any waterworks
constructed or maintained by or vested, in the Corporation.
(2) If any railway or private street be constructed or any building,
wall, fence or structure erected on any drain or water-works as aforesaid
without the written permission, the Commissioner may remove or otherwise
deal with the same as he may think fit.
(3) The expenses incurred by the Commissioner in so doing shall be
paid by the owner of the private street or of the building, fence, wall or other
structure as the case may be, by the railway administration or the person
offending and shall be recoverable as an arrear of tax under this Act.
199. Rights of user of property for aqueducts, lines etc.- (1) The
Commissioner may place and maintain aqueducts, conduits and lines of mains
or pipes or drains over, under, along or across any immovable property
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 121

whether within or outside the limits of the municipal area, if necessary

through an agreement, and may at any time for the purpose of examining,
repairing, altering or removing any aqueducts, conduits or lines of mains or
pipes, or drains, after giving a reasonable notice of his intention so to do, enter
on any property over, under, along or across which the aqueducts, conduits or
lines of mains or pipes or drains have been placed:
Provided that the Corporation shall not acquire any right other than a
right of user in the property over, under, along or across which any aqueduct,
conduit or line of mains or pipes, or drain is placed.
(2) The powers conferred by sub-section (1) shall not be exercisable
in respect of any property vested in the Government or under the control or
management of the Government or railway administration or vested in any
local authority save with the permission of the Government or railway
administration or the local authority, as the case may be, and in accordance
with any bye-laws made in this behalf:
Provided that the Commissioner may, without such permission, repair
renew or amend any existing works of which the character or positions is not
to be altered if such repair, renewal or amendment is urgently necessary in
order to maintain without interruption the supply of water, drainage or
disposal of sewage or is such that delay would be dangerous to health, human
life or property.
(3) In the exercise of the powers conferred upon him by this section,
the Commissioner shall cause as little damage and inconvenience as may be
possible and shall make full compensation for any damage or inconvenience
caused by him.
200. Power of owner of premises to place pipes and drains
through land belonging to other persons.- (1) If it appears to the
Commissioner that the only or most convenient means of water supply to and
drainage of, any premises is by placing, or carrying any pipe or drain over,
under, along or across the immovable property of another person, the
Commissioner may, by order in writing, authorise the owner of the premises
to place or carry such pipe or drain over, under, along or across such
immovable property:
Provided that before making any such order, the Commissioner shall
give to the owner of the immovable property a reasonable opportunity of
showing cause within such time as may be prescribed by bye-laws made in
this behalf as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any
right other than a right of user in the property over, under, along or across
which any such pipe or drain is placed or carried.
(2) Upon the making of an order under sub-section (1), the owner of
the premises may, after giving reasonable notice of his intention so to do enter
upon the immovable property with assistants and workmen at any time
between sun rise and sun set for the purpose of placing a pipe or drain over,
122 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

under, along or across such immovable property or for the purpose of

repairing the same.
(3) In placing or carrying a pipe or drain under this section, as little
damage as possible shall be done to the immovable property and the owner of
the premises shall-
(a) cause the pipe or drain to be placed or carried with the least
practicable delay;
(b) fill in, reinstate and make good at his own cost and with the
least practicable delay an land opened, broken up or removed
for the purpose of placing or carrying such pipe or drain; and
(c) pay compensation to the owner of the immovable property
and to any other person who sustains damage by reason of the
placing or carrying of such pipe or drain.
(4) If the owner of the immovable property, over, under, along or
across which a pipe or drain has been placed or carried under this section
while such immovable property was not built upon, desires to erect any
building on such property, the Commissioner shall by notice in writing,
require the owner of the premises to close, remove or divert the pipe or drain
in such manner as shall be approved by him and to fill in, reinstate and make
good the immovable property as if the pipe or drain had not been placed or
carried over, under, along or across the same:
Provided that no such requisition shall be made unless in the opinion
of the Commissioner it is necessary or expedient for the construction of the
proposed building or the safe enjoyment thereof that the pipe or drain should
be closed, removed or diverted.
201. Railway administration to be informed in certain cases.- If
the Corporation desires to place or carry any pipe or drain or do any other
work connected with the water supply or drainage across any railways line, it
shall inform the railway administration who may execute the same at the cost
of the Corporation.
202. Power of Commissioner to execute work after giving notice
to the person liable to do so.- (1) When under the provisions of this Chapter
any person may be required or is liable to execute any work the Commissioner
may, in accordance with the provisions of this Act and of any bye-laws made
in this behalf, cause such work to be executed after giving such person an
opportunity of executing the same within such time as may be specified by
him for this purpose.
(2) The expenses incurred or likely to be incurred by the
Commissioner in the execution of any such work shall be payable by the said
person and the expenses incurred by the Commissioner in connection with the
maintenance of such work or the enjoyment of amenities and conveniences
rendered possible by such work, shall be payable by the person or persons
enjoying such amenities and conveniences.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 123

(3) The expenses referred to in sub-section (2), shall be recoverable

from the person or persons liable therefor as an arrear of tax under this Act.
203. Power of Commissioner to affix shafts etc. for ventilation of
drain or, cesspool.- For the purpose of ventilating any drain or cesspool,
whether vested in the Corporation or not, the Commissioner may, in
accordance with bye-laws made in this behalf, erect upon any premises or
affix to the outside of any building or to any tree any such shaft or pipe as
may appear to him to be necessary
204. Power of Commissioner to examine and test drain etc.
believed to be defective.- (1) Where it appears to the Commissioner that there
are reasonable grounds for believing that a private drain or cesspool is in such
condition as to be prejudicial to health or a nuisance or that a private drain
communicating directly or indirectly with a municipal drain, is so defective as
to admit sub-soil water, he may examine its condition and for that purpose
may apply any test other than a test of water under pressure and if he deems it
necessary open the ground.
(2) If on examination the drain or cesspool is found to be in proper
condition, the Commissioner shall, as soon as possible, reinstate any ground
which has been opened by him and make good any damage done by him.
205. Employment of Government agencies for repairs etc.- The
Government may, for reasons to be recorded, direct that any specified work,
repair, renewal or replacement which is to be undertaken by or for the
Corporation under this Chapter, shall be carried out on behalf of the
Corporation by the Government and the Corporation shall pay the charges
therefor at the rate and subject to the terms for the time being applicable in the
case of works constructed by the Government on behalf of a local authority.
206. Work to be done by licensed plumber.- (1) No person other
than a licensed plumber shall execute any work described in this Chapter and
no person shall permit any such work to be executed except by a licensed
plumber:
Provided that if, in the opinion of the Commissioner, the work is of a
tri-vial nature, he may grant permission in writing for the execution of such
work by a person other than a licensed plumber.
(2) Every person who employs licensed plumber to execute any work
shall, when so required, furnish to the Commissioner, the name of such
plumber.
(3) When any work is executed except in accordance with the
provisions of sub-section (1), such work shall be liable to be dismantled at the
discretion of the Commissioner without prejudice to the right of the
Corporation to prosecute under this Act the person at whose instance such
work has been executed.
(4) The Corporation may make bye-laws for the guidance of licensed
plumbers and a copy of all such bye-laws shall be attached to every licence
granted to a plumber by the Corporation.
124 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(5) The Corporation may, from time to time, prescribe the charges to
be paid to licensed plumbers for any work done by them under or for any of
the purposes of this Chapter.
(6) No licensed plumber shall, for any work referred to in sub-section
(5) demand or receive more than the charges prescribed therefor, under that
sub-section.
(7) The Corporation shall make bye-laws providing for-
(a) the exercise of adequate control on all licensed plumbers;
(b) the inspection of all works carried out by them; and
(c) the hearing and disposal of complaints made by the owners or
occupiers of premises with regard to the quality of work done,
material used, delay in execution of work and the charges
made by a licensed plumber.
(8) No licensed plumber shall contravene any of the bye-laws made
under this section or execute carelessly or negligently any work under this Act
or make use of bad materials, appliances or fittings.
(9) If any licensed plumber contravenes sub-section (8), his licence
may be suspended or cancelled whether he is prosecuted under this Act or not.
207. Prohibition of certain acts.- (1) No person shall -
(a) wilfully, obstruct any person acting, under the authority of the
Corporation or the Commissioner, in setting out the lines of
any works or pull up or remove any pillar, post of stake fixed
in the ground for the purpose of setting out lines of such work
or deface or destroy any works made for the same purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut
off or otherwise interfere with any lock, cock, valve, pipe,
meter or other work or apparatus belonging to the
Corporation; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert,
or take water from any water works belonging to the
Corporation or any water course by which any such water is
supplied; or
(d) unlawfully obstruct the flow of, or flush, draw off, divert or
take sewage from any sewage work belonging to the
Corporation or break or damage any electrical transmission
line maintained by the Corporation; or
(e) obstruct any officer or other employee of the Corporation in
the discharge of his duties under this Chapter or refuse or
wilfully neglect to furnish him with the means necessary for
the making of any entry, inspection, examination or inquiry
thereunder in relation to any water of sewage work;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 125

(f) bathe in, at or upon any water work or wash or throw or cause
to enter therein any animal, or throw any rubbish, dirt, filth
into any water work or wash or clean therein any cloth, wool
or leather or the skin of any animal or cause the water of any
sink or drain or any steam-engine or boiler or any polluted
water to turn or be brought into any water-work, or do any
other act where by the water in any water-work is fouled or
likely to be fouled.
(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer
closing the stopcock fixed on the service pipe supplying water to his premises
so long as he has obtained the consent of any other consumer whose supply
will be affected thereby.
CHAPTER-XIII
STREETS
208. Vesting of public streets in Corporation.- (1) All streets within
the municipal area which are or at any time become public streets and the
pavement stones and other materials thereof, shall vest in the Corporation.
(2) All public streets vesting in the Corporation shall be under the
control of the Commissioner and shall be maintained, controlled and regulated
by him in accordance with the bye-laws made in this behalf.
209. Functions of Commissioner in respect of public streets.- (1)
The Commissioner shall, from time to time cause all public streets vested in
the Corporation to be levelled, metalled or paved, channeled and altered or
repaired and may widen, extend or otherwise improve, any such street or
cause the soil thereof to be raised, lowered or altered or may place and keep in
repair fences and posts for the safety of foot-passengers:
Provided that no widening, extension or other improvement of a
public street the aggregate cost of which will exceed ten thousand rupees,
shall be undertaken by the Commissioner except with the previous sanction of
the Corporation.
(2) With the previous sanction of the Corporation, the Commissioner
may permanently close the whole or any part of a public street:
Provided that before according such sanction the Corporation shall by
notice published in the manner specified by bye-laws give reasonable
opportunity to the residents likely to be affected by such closure to make
suggestions or objections with respect to such closure and shall consider all
such suggestions or objections, which may be made, within one month from
the date of the publication of the said notice.
210. Disposal of land forming site of public streets permanently
closed.- Whenever any public street or a part thereof is permanently closed
under sub-section (2) of section 209, the site of such street or of the portion
thereof may be disposed of as land vesting in the Corporation.
126 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

211. Power to make new public streets.- The Commissioner may, at

any time with the previous sanction of the Corporation-
(a) lay out and make new public streets;
(b) construct bridges and sub-ways;
(c) turn or divert, any existing public streets;
(d) lay down and determine the position and direction of a street
or streets in any part of the municipal area notwithstanding
that no proposal for the erection of any building in the
vicinity has been received.
212. Minimum width of new public streets.- The Commissioner
shall, from time to time, with the sanction of the Corporation, specify the
minimum width of different classes of new public streets according to the
nature of the traffic likely to be carried thereon and the streets with which they
join at one or both ends, the localities in which they are situated, the heights
up to which buildings abutting thereon may be erected and other similar
consideration.
213. Power to prohibit use of public streets for certain kinds of
traffic.- (1) The Commissioner may,-
(a) prohibit vehicular traffic in any public street or any portion
thereof so as to prevent danger, obstruction or inconvenience
to the public or to ensure quietness in any locality;
(b) prohibit in respect of all public streets or any particular public
streets the transit of any vehicle of such form, construction,
weight or size or laden with such heavy or unwidely objects
as may be likely to cause injury to the roadways or any
construction thereon, except under such conditions as to time,
mode of the fraction or locomotion, use of appliances for the
protection of roadways, number of lights and assistants and
other general precautions, and upon the payment of such
charges as may be specified by the Commissioner generally
or specially in each case;
(c) prohibit access to premises from any particular public street
carrying high speed vehicular traffic:
Provided that the Commissioner shall not take action without the
sanction of the Corporation in cases under clauses (a) and (c).
(2) Notices of such prohibition as are imposed under sub-section (1)
shall be posted in conspicuous places at or near both ends of public streets or
portions thereof to which they relate, unless such prohibition applied generally
to all public streets.
214. Power to acquire land and buildings for public streets and
for public parking places.- Subject to the provisions contained in Chapter X,
the Commissioner may,-
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 127

(a) acquire any land required for the purposes of opening,

widening, extending or otherwise improving any public street
or of making any new public street and any building standing
upon such land;
(b) acquire in relation to any such land or building, all such land
with buildings, if any thereon as the Corporation may think
expedient to acquire outside the regular line or the intended
regular line of such street; or
(c) when any land, whether within or outside the limits of the
municipal area, is required for the purposes of this Act the
Government may, at the request of the Corporation proceed to
acquire it under the provisions of the Land Acquisition Act,
1894 (1 of 1894) and on payment by the Corporation of the
Compensation awarded under that Act, and of any other
charges incurred in acquiring the land, the land shall vest in
the Corporation.
Explanation.- When any land is required for a new street or for the
improvement of an existing street, the Government may on the request of the
Corporation proceed to acquire, in addition to the land to be occupied by the
street, the land necessary for the sites of the buildings to be erected on both
sides of the street, and such land shall be deemed to be required for the
purposes of this Act.
215. Defining regular lines of streets.- (1) The Commissioner may
define a line on one or both sides of any public street in accordance with the
bye-laws made in this behalf and may with the previous sanction of the
Corporation redefine at any time any such regular line:
Provided that, before according sanction the Corporation shall by
public notice afford reasonable opportunity to the residents of premises
abutting on such public street to make suggestions or objections with respect
to the proposed redefined line of the street and shall consider all suggestions
or objections which may be made within one month from the date of the
publication of the said notice:
Provided further that the regular line of any public street operative
under any law in force in any part of the municipal area immediately before
the commencement of this Act shall be deemed to be a line defined by the
Commissioner under this sub-section.
(2) The line for the time being defined or redefined shall be called the
regular line of street.
(3) No person shall construct or reconstruct any building or a portion
thereof or any boundary wall or other structure whatsoever within the regular
line of a street except with the written permission of Commissioner:
Provided that if within 60 days after the receipt of application from
any person for permission to construct or reconstruct a boundary wall or a
portion thereof the Commissioner fails to take steps to acquire the land within
128 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

the regular line of the street in accordance with section 218 then that person
may, subject to any other provisions of this Act and the bye-laws made
thereunder, proceed with the work of construction or reconstruction of such
boundary wall or portion thereof.
216. Setting back of buildings to regular line of street.- (1) If any
part of a building abutting on a public street is within the regular line of that
street, the Commissioner, may, whenever it is proposed to repair, remove,
construct or reconstruct or make any additions to, or structural alterations of
any portion of such building which is within the regular line of the street by
any order which he issues concerning the additions to rebuilding,
construction, repair or alterations of such building require such building to be
set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of a
public street falls down or is burnt down or is, whether by the order of the
Commissioner or otherwise, taken down, the Commissioner may forthwith,
take possession on behalf of the Corporation of the portion of the land within
the regular line of the street theretofore occupied by the said building and, if
necessary, clear the same.
(3) Land acquired under this section shall be deemed to be a part of
the public street and shall vest in the Corporation.
127. Compulsory setting back of building to regular line of street.-
(1) Where any building or any part thereof is within the regular line of a
public street and in the opinion of the Commissioner it is necessary to set back
the building or part thereof to the regular line of the street, he may, by notice
served on the owner in accordance with the provisions of this Act require him
to show cause within such period as may be specified in the notice as to why
such building or part thereof which is within the regular line of the street
should not be pulled down and the land within the regular line acquired by the
Commissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required by sub-section (1),
the Commissioner may, with the approval of the Corporation, require the
owner by another notice to be served on him in accordance with the
provisions of this Act, to pull down the building or part thereof which is
within the regular line of the street within such period as specified in the
notice.
(3) If within such period the owner of the building fails to pull down
the building or part thereof as required by the Commissioner, the
Commissioner may pull down the same and all the expenses incurred in doing
so shall be paid by the owner and be recoverable from him as an arrear of tax
under this Act.
(4) The Commissioner shall at once take possession on behalf of the
Corporation of the portion of the land within the regular line of the street
occupied by the said building or part thereof and such land shall thereupon be
deemed to be a part of the public street and shall vest in the Corporation.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 129

218. Acquisition of open land and land occupied by platforms etc.

within the regular line of street.- If any land, whether open or enclosed, not
vesting in the Corporation and not occupied by any building is within the
regular line of a public street or if a platform, verandah, step, compound wall,
hedge or fence or some other structural external to a building abutting on a
public street or a portion of such platform, verandah, step, compound wall,
hedge or fence or some other structure is within the regular line of such street,
the Commissioner may, after giving to the owner of the land or building not
less than seven days notice of his intention so to do, take possession on behalf
of the Corporation of the said land with its enclosing wall, hedge or fence, if
any, or of the said platform, verandah, step, compound, wall, hedge, or fence
or other structure or of any portion thereof which is within the regular line of
the public street, and if necessary, clear the same and the land so acquired
shall thereupon be deemed to be part of the public street and shall vest in the
Corporation:
Provided that where the land or building is vested in the Government
or the Central Government, the Commissioner shall not take possession
thereof without the previous sanction of the Government or the Central
Government, as the case may be.
219. Acquisition of remaining part of building and land after their
portions within regular line of street have been acquired.- (1) Where a
land or building is partly within the regular line of a public street and the
Commissioner is satisfied that the land remaining after the requisition of the
portion within the said line still not be suitable or fit for any beneficial use, he
may, at the request of the owner, acquire such land in addition to the land
within the said line and such surplus land shall be deemed to be a part of the
public street and shall vest in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of
setting forward a building under section 220.
220. Setting forward of building to regular line of street.- The
Commissioner may, upon such terms, as he thinks fit, allow any building to be
set forward for the purpose of improving the regular line of a public street and
may, with the sanction of the Corporation by notice require any building to be
so set forward in the case of reconstruction thereof or of a new construction.
Explanation.- For the purpose of this section a wall separating any
premises from a public street shall be deemed to be a building, and it shall be
deemed a sufficient compliance with permission, or requisition to set forward
a building to the regular line of a street if a wall of such material and
dimensions as are approved by the Commissioner is erected along the said
line.
221. Compensation to be paid in certain cases of setting back or
setting forward of buildings, etc.- (1) Compensation shall be paid by the
Commissioner to the owner of any building or land acquired for a public street
under the provisions of sections 216, 217 and 218 for any loss which such
owner may sustain in consequence of his building or land being to acquired
130 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

and for any expenses incurred by such owner in consequence of any order
made by the Commissioner:
Provided that -
(a) any increase or decrease in the value of the remainder of the
property of which the building or land so acquired formed
part likely to accrue from the setting back to the regular line
of the street, shall be taken into consideration and allowed for
in determining the amount of such compensation; and
(b) if any such increase in the value exceeds the amount of loss
sustained or expenses incurred by the owner, the
Commissioner may recover from him half of the amount of
such excess as a betterment charge.
(2) If in consequence of any order to set forward a building made by
the Commissioner, the owner of such building sustains any loss or damage,
compensation shall be paid to him by the Commissioner for such loss or
damage after taking into account any increase in value likely to accrue, from
the setting forward.
(3) If the additional land which will be included in the premises of
any person required or permitted under sub-section (2) to set forward a
building belongs to the Corporation, the order or permission of the
Commissioner to set forward the building shall be a sufficient conveyance to
the said owner of the said land and, the price to be paid to the Corporation by
the owner for such additional land and the other terms and conditions of the
conveyance shall be set forth in the order or permission.
(4) If, when the Commissioner required any building to be set
forward, the owner of the building is dissatisfied with the price fixed to be
paid to the Corporation or with any of the terms and conditions of
conveyance, the Commissioner shall, upon the application of the owner at any
time within fifteen days after the said terms and conditions are communicated
to him, refer the case for the determination of the Court of the District Judge
whose decision thereon shall be final.
222. Owners obligation when dealing with land or building sites.-
If the owner of any land utilises, sells, leases out or otherwise disposes of such
land for the construction of building thereon, he shall lay down and make a
street or streets giving access to the plots into which the land may be divided
and connecting with an existing public or private street.
223. Layout plans.- (1) Before utilising, selling or otherwise dealing
with any land under section 222 the owner thereof shall send to the
Commissioner a written application with a lay-out plan of the land showing
the following particulars, namely:-
(a) the plots into which the land is proposed to be divided for the
erection of building thereon and purpose or purposes for
which such buildings are to be used;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 131

(b) the reservation or allotment of any site for any street, open
space, park, recreation ground, school, market or any public
purpose;
(c) the intended level direction and width of street or streets;
(d) the regular line of street or streets; and
(e) the arrangements to be made for levelling, paving, metalling,
flagging, channelling, sewering, draining, conserving and
lighting street or streets.
(2) The provisions of this Act and the bye-laws made thereunder as to
width of the public streets and the height of building abutting thereon shall
apply in the case of streets referred to in sub-section (1) and all the particulars
referred to in that sub-section shall be subject to the sanction of the
Corporation.
(3) Within sixty days after the receipt of any application under sub-
section (1) the Corporation shall either accord sanction to the layout plan on
such conditions as it may think fit or ask for further information with respect
to it.
(4) Such sanction shall be refused,-
(a) if the particulars shown in the lay-out plan would conflict
with any arrangement which have been made or which are in
the opinion of the Corporation likely to be made for carrying
out any general scheme of development of the municipal area
whether contained in the master plan or a zonal development
plan prepared for the municipal area or not; or
(b) if the said lay-out plan does not conform to the provisions of
this Act and bye-laws made thereunder; or
(c) if any street proposed in the plan is not designed so as to
connect at one end with a street which is already open.
(5) No person shall utilise, sell or otherwise deal with any land or lay-
out or make any new street without or otherwise than in conformity with the
orders of the Corporation and if further information is asked for, no step shall
be taken to utilise, sell or otherwise deal with the land or to lay-out or make
the street until orders have been passed upon receipt of such information:
Provided that the passing of such order shall not be in any case
delayed for more than 60 days after the Corporation has received the
information which it considers necessary to enable it to deal with the said
application.
(6) The lay-out plan referred to earlier in this section shall, if so
required by the Corporation, be prepared by a licensed town planner.
224. Alteration or demolition of street made in breach of section
223.- (1) If any person lays out or makes any street referred to in section 223
without or otherwise than in conformity with the orders of the Corporation,
132 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

the Commissioner may, whether or not the offender, be prosecuted under this
Act by notice-
(a) require the offender to show cause by a written statement
signed by him and sent to the Commissioner on or before
such date as may be specified in the notice, why such street
should not be altered to the satisfaction of the Commissioner
or if such alteration be impracticable why such street should
not be demolished; or
(b) require the offender to appear before the Commissioner
whether personally or by duly authorised agent or on such
day and at such time and place as may be specified in the
notice and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show cause to
the satisfaction of the Commissioner why such street should not be so altered
or demolished, the Commissioner may pass an order directing the alteration or
demolition of such street.
225. Power of Commissioner to order work to be carried out or to
carry it himself in default.- (1) If any private street or part thereof is not
levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or
lighted to the satisfaction of the Commissioner, he may by notice require the
owners of such street or part and the owners of the lands and buildings
fronting or abutting on such street or part to carry out any work which in his
opinion may be necessary and within such time as may be specified in such
notice.
(2) If such work is not carried out within the time specified in the
notice, the Commissioner may, if he thinks fit, execute it and the expenses
incurred shall be paid by the owners referred to in sub-section (1) in such
proportion as may be determined by the Commissioner and shall be
recoverable from them as an arrear of tax under this Act.
226. Declaration of public streets.- (1) If any street has been
levelled, paved, metalled, flagged, channelled, sewered, drained, conserved
and lighted under the provisions of section 225, the Commissioner may, and
on the requisition of the majority of the owners referred to in sub-section (1)
of that section shall declare such a street to be a public street and thereupon
the street shall vest in the Corporation.
(2) The Commissioner may at any time, by notice fixed up in any
street or part thereof not maintainable by the Corporation, give intimation of
his intention to declare the same a public street and unless within one month
next after such notice has been so put up, the owner or any one of the several
owners of such street or such part of a street lodge objection thereto at the
Corporation Office, the Commissioner, may by notice in writing, put up in
such street of such part, declare the same to be a public street vested in the
Corporation.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 133

227. Prohibition of projection upon street etc.- (1) Except as

provided in section 228, no person shall erect, setup, add to or place against or
in front of any premises any structure or fixture which will-
(a) overhang, jut or project into, or in any way encroach upon
and obstruct in any way the safe or convenient passage of the
public along, any street; or
(b) jut or project into or encroach upon any drain or open channel
in any street so as in any way to interfere with the use or
proper working of such drain of channel or to impede the
inspection or cleansing thereof.
(2) The Commissioner may by notice require the owner or occupier of
any premises to remove or to take such other action as he may direct in
relation to any structure or fixture which has been erected, set-up, added to or
placed against, or in front of the said premises in contravention of this section.
(3) If the occupier of the said premises removes or alters any structure
or fixture in accordance with such notice, he shall be entitled, unless the
structure or fixture was erected, set-up or placed by himself, to credit into
account with the owner of the premises for all reasonable expenses incurred
by him in complying with the notice.
228. Projection over streets may be permitted in certain cases.- (1)
The Commissioner may give a written permission on such terms and on
payment of such fee as he in each case thinks fit, to the owner or occupier of
the building or any street-
(a) to erect an arcade, over such street or any portion thereof; or
(b) to put up a verandah, balcony, arch connecting passage,
sunshade, weather frame, canopy, awning or other such
structure or thing projecting from any storey over or across
any street or portion thereof:
Provided that no permission shall be given by the Commissioner for
the erection of an arcade in any public street in which construction of an
arcade has not been generally sanctioned by the Corporation.
(2) The Commissioner may at any time by notice require the owner or
occupier of any building to remove a verandah, balcony, sunshade, weather
frame or the like put up in accordance with the provisions of this Act and such
owner or occupier shall be bound to take action accordingly but shall be
entitled to compensation for the loss caused to him by such removal and the
cost incurred thereon.
229. Ground floor, door etc. not to open outwards on streets.- The
Commissioner may at any time by notice require the owner of any premises
on the ground floor of which any door, gate, bar or window opens outwards
upon a street or upon any land required for the improvement of a street in such
manner as in the opinion of the Commissioner is likely to obstruct the safe or
134 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

convenient passage of the public along such street, to have the said door, gate,
bar or window altered so as not to open outwards.
230. Prohibition of structures, fixtures or deposit of things in
street.- (1) No person shall, except with the permission of the Commissioner
granted in this behalf erect or set-up any wall, fence, rail, post, step, booth or
other structure whether fixed or movable or whether of a permanent or
temporary nature, or any fixture in or upon any street or upon or over any
open channel, drain, well or tank in any street so as to form an obstruction to
or an encroachment upon, or projection over, or to occupy any portion of such
street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Commissioner
and on payment of such fee as he in each case thinks fit, place or deposit upon
any street, or upon any open channel, drain or well in any street or upon any
public place any stall, chair, bench, box, ladder, bale or other thing
whatsoever so as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section (1) shall apply to any erection or thing to
which clause (c) of sub-section (1) of section 235 applies and nothing in sub-
section (2) shall apply to building materials.
231. Special provision regarding streets belonging to
Government.- Notwithstanding anything contained in sections 220, 227, 228
or in clause (5) of Part C of section 395 and subject to any general or special
order that the Government may make in this behalf, if any street is vested in
the Government-
(a) the Commissioner shall not, in respect of such street grant
permission to do any act the doing of which without his
written permission would contravene the provisions of section
227 or section 228 or allow any building to be set forward
under the provision of section 220 except with the sanction of
the Government which may be given in respect of a class of
cases generally or in respect of a particular case;
(b) the Commissioner shall, if so required by the Government,
exercise the powers conferred upon him by sections 220, 227,
228 or clause (5) of Part C of section 395 or any bye-law
made in exercise of the power conferred by the aforesaid
clause (5) in respect of encroachment or overhanging
structure on or over such street or any materials, goods or
articles of merchandise deposited on such street.
232. Power to remove anything deposited or exposed for sale in
contravention of this Act.- The Commissioner may, without notice cause, to
be removed-
(a) any stall, chair, bench, box, ladder, bale or other thing
whatsoever placed, deposited, projected, attached or
suspended in, upon, from or to any place in contravention of
this Act.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 135

(b) any article whatsoever hawked or exposed for sale on any

public place in contravention of this Act and any vehicle,
package, box or any other thing in or on which such article is
placed.
233. Prohibition of tethering of animals and milking of cattle.- (1)
No person shall tether any animal or cause or permit the same to be tethered in
any public street.
(2) No person shall milk or cause or permit to be milked any cow or
buffalo in any street.
(3) Any animal tethered or any cow or any buffalo found being
milked as aforesaid in any street may be removed by the Commissioner or any
Corporation Officer or employee and be impounded and dealt with under the
provisions of the Cattle Trespass Act, 1871 (1 of 1871).
234. Precautions during repairs of street etc.- (1) The
Commissioner shall, so far, as is practicable during the construction or repair
of any public street, or any municipal drain or any premises vested in the
Corporation-
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shorting up and
protecting the adjoining buildings;
(c) cause such bars, chains or posts to be fixed across or in any
street in which any such work of construction or repair is
under execution as are necessary in order to prevent the
passage of vehicles or animals and avert danger.
(2) The Commissioner shall cause such street, drain or premises to be
sufficiently lighted or guarded during night while under construction or repair.
(3) The Commissioner shall, with all reasonable speed, cause the said
work to be completed, the ground to be filled in the said street, drain or
premises to be repaired and the rubbish occasioned thereby to be removed.
(4) No person shall, without the permission of the Commissioner or
other lawful authority, remove any bar, chain, post or shorting, timber or
remove or extinguish any light.
235. Streets not to be opened or broken up and building materials
not to be deposited thereon without permission.- (1) No person other than
the Commissioner or a Corporation Officer or other Corporation employee
shall without the written permission of the Commissioner-
(a) open, break-up, displace, take up or make any alteration in or
cause any injury to the soil or pavement or any wall, fence,
post, chain or other material or thing forming part of any
street; or
(b) deposit any building material in any street; or
136 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(c) set up in any street any scaffold or any temporary erection for
the purpose of any work whatever, or any posts, bars, rolls,
boards or other things by way of an enclosure, for the
purposes of making mortar or depositing bricks, lime, rubbish
or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-
section (1) shall be terminable at the discretion of the Commissioner on his
giving not less than twenty-four hours notice of such termination to the person
to whom such permission was granted.
(3) The Commissioner may, without notice cause, to be removed any
of the things referred to in clause (b) or clause (c) of sub-section (1) which has
been deposited or set up in any street without the permission specified in that
sub-section or which having been deposited or set up with such permission
has not been removed within the period specified in the notice issued under
sub-section (2):
Provided that nothing in this sub-section shall apply to cases under
clause (b) or clause (c) of sub-section (1) in which application for permission
has been made with such fee as may be prescribed by the Commissioner in
this behalf but no reply has been sent to the applicant within seven days from
the date of the application.
236. Disposal of things removed under this chapter.- (1) Any of the
things caused to be removed by the Commissioner under this chapter shall,
unless the owner thereof turns up to take back such things and pays to the
Commissioner the charges for the removal and storage of such things, be
disposed of by public auction or in such other manner and within such time as
the Commissioner thinks fit.
(2) The charges for removal and storage of the things sold under sub-
section (1) shall be paid out of the proceeds of the sale thereof and the
balance, if any, shall be paid to the owner of the things sold on a claim being
made therefor within a period of two years from the date of sale, and if no
such claim is made within the said period, shall be credited to the Corporation.
237. Naming and numbering of streets.- (1) The Commissioner
may-
(a) with the sanction of the Corporation determine the name or
number by which any street or public place vested in the
Corporation shall be known;
(b) cause to be put up or painted at a conspicuous part of any
building, wall or place, at or near each end, corner or entrance
of such street or on some convenient part of such street, the
name or number by which it is to be known;
(c) cause to be put up or painted on boards of suitable size the
name of any public place vested in the Corporation;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 137

(d) determine the number or sub-number by which any premises

or part of such premises shall be known and cause such
number or sub-number to be fixed to the side or outer door of
such premises or to some place at the entrance of the
enclosure thereof.
(2) No person shall destroy, remove, deface or in any way injure or
alter such name or number or sub-number or put up or paint any name or
number or sub-number different from that put up or painted by order of the
Commissioner.
238. Commissioner to take steps for repairing or enclosing
places.- (1) If any place is, in the opinion of the Commissioner, for want of
sufficient repair or protection or enclosure, or owing to some work being
carried on thereupon, dangerous or causing inconvenience to passengers along
a street or to other persons including the owner or occupier of the said place,
who have legal access thereto or to the neighbourhood thereof, the
Commissioner may by notice in writing require the owner or occupier of such
place to repair, protect or enclose the same or take such other steps as shall
appear to the Commissioner necessary in order to prevent the danger or
inconvenience arising therefrom.
(2) The Commissioner may, before giving any such notice or before
the period of any such notice has expired, take such temporary measures as he
thinks fit to prevent the danger or inconvenience arising therefrom and any
expense incurred by the Commissioner in taking such temporary measures
shall be recoverable from the owner or occupier of the place as an arrear of
tax under this Act.
239. Measures for lighting.- The Commissioner shall-
(a) take measures for lighting in a suitable manner all such public
streets and public places as may be specified by the
Corporation;
(b) procure, erect and maintain such number of lamps, lamp posts
and other appurtenances as may be necessary for the said
purpose;
(c) cause such lamps to be lighted by means of oil, electricity or
such other light as the Corporation may determine.
240. Prohibition of removal, etc. of lamps.- (1) No person shall,
without lawful authority take away wilfully or negligently break or throw
down or damage -
(a) any lamp or any appurtenance of any lamp or lamp post or
lamp iron set up in any public street or any public place;
(b) any electric wire for lighting such lamp;
(c) any post, pole, standard stay, strut, bracket or other
contrivance for carrying, suspending or supporting any
electric wire or lamp.
138 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(2) No person shall wilfully or negligently extinguish the light of any

lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks or
causes any damage to any of the things described in sub-section (1), he shall
in addition to any penalty to which he may be subjected to under this Act, pay
the expenses of repairing the damage so done by him.
CHAPTER - XIV
BUILDING REGULATIONS
241. Definitions.- In this chapter, unless the context otherwise
requires, the expression “to erect building” means,-
(a) to erect a new building on any site whether previously built
upon or not;
(b) to re-erect -
(i) any building of which more than one-half of the cubical
contents above the level of the plinth have been pulled
down, burnt or destroyed; or
(ii) any building of which more than one-half of the
superficial area of the external walls above the level of
the plinth has been pulled down; or
(iii) any frame building of which more than half of the
number of the posts or beams in the external walls have
been pulled down;
(c) to convert into a dwelling house any building or any part of a
building not originally constructed for human habitation or, if
originally so constructed, subsequently appropriated for any
other purpose;
(d) to convert into more than one dwelling houses a building
originally constructed as one dwelling house only;
(e) to convert into a place of religious worship or into sacred
building any place or building not originally constructed for
such purpose;
(f) to roof or cover an open space between walls or buildings to
the extent of the structure which is formed by the roofing or
covering of such space;
(g) to convert two or more tenements in a building into greater or
lesser number;
(h) to convert into a stall, shop, warehouse or godown, stable,
factory or garage any building not originally constructed for
use as such or which was not so used before the charge;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 139

(i) to convert a building which when originally constructed was

legally exempt from the operations of any building
regulations contained in this Act or in any bye-laws made
thereunder or in any other law, into a building which had it
been originally erected in its converted form, would have
been subject to such building regulations; and
(j) to convert into or use as a dwelling house any building which
has been discontinued as or appropriated for any purpose
other than a dwelling house.
242. Prohibition of erection of building without sanction.- No
person shall erect or commence to erect any building or execute any of the
works specified in section 244 except with the previous sanction of the
Commissioner, nor otherwise than in accordance with the provisions of this
Chapter and of the bye-laws made under this Act in relation to the erection of
buildings or execution of works.
243. Erection of building.- (1) Every person who intends to erect a
building shall apply for sanction by giving notice in writing of his intention to
the Commissioner in such form and containing such information as may be
prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and
plans alongwith specification as may be prescribed:
1
[Provided that every such plan and specifications shall be duly signed
by a qualified Structural Engineer or Architect or Planner or Junior Engineer
or Draughtsman registered with the Corporation, on payment of such fee as
may be fixed by the Corporation, from time to time.]
Explanation.- For the purposes of this sub-section the expression “a
qualified structural engineer” means a graduate (civil) engineer.
244. Applications for additions to, or repairs of building. (1) Every
person who intends to execute any of the following works, namely:-
(a) to make any addition to a building;
(b) to make any alteration or repairs to a building involving the
removal or re-erection of any external or partition wall
thereof or of any wall which supports the roof thereof to an
extent exceeding one half of such wall above the plinth level,
such half to be measured in superficial metres;
(c) to make any alteration or repairs to a frame building
involving the removal or re-erection of more than one half of
the posts in any such wall thereof as aforesaid or involving
the removal or re-erection of any such wall thereof as
aforesaid to an extent exceeding one half of such wall above
plinth level, such half to be measured in superficial metres;

1. Proviso substituted vide H.P. Act No. 19 of 2007.

140 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(d) to make any alteration in a building involving-

(i) the sub-division of any room in such building so as to
convert the same into two or more separate rooms; or
(ii) the conversion of any passage or space in such building
into a room or rooms;
(e) to repair, remove, construct, reconstruct, or make any addition
to or structural alteration in any portion of a building abutting
on a street which stands within the regular line of such street;
(f) to close permanently any door or window in an external wall;
and
(g) to remove or reconstruct the principal staircase or to alter its
position,
shall apply for sanction by giving notice in writing of his intention to
the Commissioner in such form and containing such information as may be
prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and
plans as may be so prescribed.
245. Condition of valid notice.- (1) A person giving the notice
required by section 243 shall specify the purpose for which it is intended to
use the building to which such notice relates and a person giving the notice
required by section 244 shall specify whether the purpose for which the
building is being used in proposed or likely to be changed by the execution of
the proposed work.
(2) No notice shall be valid until the information required under sub-
section (1) and any further information and plans which may be required by
bye-laws made in this behalf have been furnished to the satisfaction of the
Commissioner alongwith the notice.
246. Sanction or refusal of building or work.- (1) The
Commissioner shall sanction the erection of a building or the execution of a
work unless such building or work would contravene any of the provisions of
sub-section (2) of this section or the provisions of section 250.
(2) The grounds on which the sanction of a building or work may be
refused shall be the following, namely:-
(a) that the building or work, or the use of the site for the
building or work or any of the particulars comprised in the
site plan, ground plan, elevation, section or specification
would contravene the provisions of any bye-law made in this
behalf or of any other law or rule, bye-law or order made
under such other law;
(b) that notice for sanction does not contain the particulars or is
not prepared in the manner required under the bye-laws made
in this behalf;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 141

(c) that any information or documents required by the

Commissioner under this Act or any bye-laws made
thereunder has or have not been duly furnished;
(d) that in cases falling under section 222 lay out plans have not
been sanctioned in accordance with section 223;
(e) that the building or work would be an encroachment on
Government land or land vested in the Corporation;
(f) that the site of the building or work does not abut on a street
or projected street and that there is no access to such building
or work from any such street by a passage or pathway
appertaining to such site;
(g) that the building or work would be in contravention of any
scheme sanctioned under section 260; and
(h) that a building for habitation, does not provide for a flush or a
water seal latrine.
(3) The Commissioner shall communicate the sanction to the person
who has given the notice; and where he refused sanction on any of the
grounds specified in sub-section (2) of this section or under section 250 he
shall record a brief statement of his reasons for such refusal and communicate
the refusal alongwith the reasons for such refusal and communicate the refusal
alongwith the reasons therefor to the person who has given the notice.
(4) The sanction or refusal as aforesaid shall be communicated in such
manner as may be specified in the bye-laws made in this behalf.
247. When building or work may be proceeded with.- (1) Where
within a period of sixty days after the receipt of any notice under section 243
or section 244 or of the further information, if any, required under section 245
the Commissioner does not refuse to sanction the building or work or upon
refusal does not communicate the refusal to the person who has given the
notice, the Commissioner shall be deemed to have accorded sanction to the
building or work and person by whom the notice has been given shall be free
to commence and proceed with the building or work in accordance with his
intention as expressed in the notice and the documents and plans
accompanying the same:
Provided that if it appears to the Commissioner that the site of the
proposed building or work is likely to be affected by any scheme of
acquisition of land for any public purpose or by any proposed regular line of a
public street or extension, improvement, widening or alteration of any street,
the Commissioner may withheld sanction of the building or work for such
period not exceeding sixty days as he deems fit and the period of sixty days
shall be deemed to commence from the date of the expiry of the period for
which the sanction has been withheld.
(2) Where a building or work is sanctioned or deemed to have been
sanctioned by the Commissioner under sub-section (1), the person who has
142 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

given the notice shall be bound to erect the building or execute the work in
accordance with such sanction but not so as to contravene any of the
provisions of this Act or any other law or of any bye-law made thereunder.
(3) If the person or any one lawfully claiming under him does not
commence the erection of the building or the execution of the work within one
year of the date on which the building or work is sanctioned or is deemed to
have been sanctioned, he shall have to give notice under section 244 or, as the
case may be, under section 243 for fresh sanction of the building or the work
and the provisions of this section shall apply in relation to such notice as they
apply in relation to the original notice.
(4) Before commencing the erection of a building or execution of a
work within the period specified in sub-section (3), the person concerned shall
give notice to the Commissioner of the proposed date of the commencement
of the erection of the building or the execution of the work:
Provided that if the commencement does not take place within seven
days of the date so notified, the notice shall be deemed not to have been given
and a fresh notice shall be necessary in this behalf.
(5) Where the building plan is sanctioned or deemed to have been
sanctioned, the person, at whose instance building operations are to be carried
on, shall, after the excavation of the foundation and before starting
construction thereon, intimate the Corporation about the excavation of the
foundation.
(6) For the purpose of ascertaining, whether the strata of the land,
over which a building is to be erected is geologically fit, and the building
operation thereon can be carried out in accordance with the sanctioned plan,
the Corporation may, within seven days from the intimation under sub-section
(5), cause inspection of excavated foundation to be made by such persons as it
may direct, and in such manner as may be prescribed:
Provided that the person at whose instance the building operations are
carried out shall be associated in the inspection.
(7) The persons making the inspection under sub-section (6), may
communicate to the person, from whom intimation under sub-section (5) has
been received, its views in regard to the result of such inspection and may
after ascertaining the opinion of the said person, recommend to that person the
action to be taken as a result of such inspection and also report to the
Commissioner the action, if any, which is proposed to be taken for the
purposes of implementation of any such recommendation.
(8) On the receipt of the report under sub-section (7), the Corporation
may, within seven days from the date of intimation under sub-section (5), give
such direction to the person concerned, as it may deem fit.
248. Sanction accorded under mis-representation.- If at any time
after the sanction of any building or work has been accorded, the
Commissioner is satisfied that such sanction was accorded in consequence of
any material misrepresentation or fraudulent statement contained in the notice
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 143

given or information furnished under sections 243, 244 and 245, he may by
order in writing, cancel for reasons to be recorded such sanction and any
building or work commenced, erected, or done shall be deemed to have been
commenced, erected or done without such sanction:
Provided that before making any such order the Commissioner shall
give reasonable opportunity to the person affected as to why such order
should not be made.
249. Buildings at corners of streets.- The Commissioner may
require any building intended to be erected at the corner of two streets to be
rounded off or splayed or cut off to such height and to such extent as he may
determine, and may acquire such portion of the site at the corner as he may
consider necessary for public convenience or amenity.
250. Provisions as to buildings and works on either side of new
streets.- (1) The erection of any building on either side of a new street may be
refused by the Commissioner unless and until such new street has been
levelled and wherever in the opinion of the Commissioner practicable,
metalled or paved, drained, lighted and laid with a water main to his
satisfaction.
(2) The erection of any such building or the execution of any such
work may be refused by the Commissioner if such building or any portion
thereof or such work comes within the regular line of any street, the position
and direction of which has been laid down by the Commissioner but which
has not been actually constructed or if such building or any portion thereof or
such work is in contravention of any building or any other scheme or plan
prepared under this Act or any other law for the time being in force.
1
[XXXXXXXXXXXXXXXXXXXXXXX]
252. Prohibition against use of inflammable materials for
buildings etc., without permission.- In such areas as may be specified by
bye-laws made in this behalf, no roof, verandah, pandal or wall of a building
or no shed or fence shall be constructed or reconstructed of cloth, grass,
leaves, mats or other inflammable material except with the written permission
of the Commissioner nor shall any such roof, verandah, pandal, wall, shed or
fence constructed or reconstructed in any year be retained in subsequent year
except with fresh permission obtained in this behalf.
253. Order of demolition and stoppage of building and works in
certain cases and appeal.- (1) where the erection of any work has been
commenced, or is being carried on or has been completed without or contrary
to the sanction referred to in section 246 or in contravention of any condition
subject to which such sanction has been accorded or in contravention of the
provisions of this Act or bye-laws made thereunder, the Commissioner may in
addition to any other action that may be taken under this Act, make an order
directing that such erection or work shall be demolished by the person at

1. Section 251 deleted vide H.P. Act No. 19 of 2007.

144 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

whose instance the erection or work has been commenced or is being carried
on or has been completed within such period (not being less than seven days
from the date on which a copy of the order of demolition with a brief
statement of the reasons therefor has been delivered to that person) as may be
specified in the order of demolition:
Provided that no order of demolition shall be made unless the person
has been given, by means of a notice served in such manner as the
Commissioner may think fit, a reasonable opportunity of showing cause why
such order should not be made:
Provided further that where the erection or work has not been
completed, the Commissioner may by the same order or by a separate order,
whether made at the time of the issue of the notice under the first proviso or at
any other time, direct the person to stop the erection or work until the expiry
of the period within which an appeal against the order of demolition, if made,
may be preferred under sub-section (2).
(2) Any person aggrieved by an order of the Commissioner made
under sub-section (1) may prefer an appeal against the order to District Judge
of the municipal area within the period specified in the order for the
demolition of the erection or work to which it relates.
(3) Where an appeal is preferred under sub-section (2) against an
order of demolition, the District Judge may stay the enforcement of that order
on such terms, if any, and for such period, as it may think fit:
Provided that where the erection of any building or execution of any
work has not been completed at the time of the making of the order of
demolition, no order staying the enforcement of the order of demolition shall
be made by the District Judge, unless reasonable opportunity of being heard is
afforded to the Commissioner and security sufficient in the opinion of the
District Judge, has been furnished given by the appellant for not proceeding
with such erection or work pending the disposal of the appeal.
(4) Save as provided in this section no court shall entertain any suit,
application or other proceedings for injunction or other relief against the
Commissioner or restrain him from taking any action or making any order in
pursuance of the provisions of this section.
(5) Every order made by the District Judge on appeal and subject only
to such order, the order of demolition made by the Commissioner shall be
final and conclusive.
(6) Where no appeal has been preferred against an order of demolition
made by the Commissioner under sub-section (1) or where an order of
demolition made by the Commissioner under that sub-section has been
confirmed on appeal, whether with or without variation, the person against
whom the order has been made shall comply with the order within the period
specified therein or, as the case may be, within the period, if any fixed by the
District Judge on appeal, and on the failure of the person to comply with the
order within such period, the Commissioner may himself cause the erection of
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 145

the work to which the order relates to be demolished and the expenses of such
demolition shall be recoverable from such person as an arrear of tax under this
Act.
254. Order of stoppage of building or works in certain cases.- (1)
Where the erection of any building or execution of any work has been
commenced or is being carried on (but has not been completed) without or
contrary to the sanction referred to in section 246 or in contravention of any
condition subject to which such sanction has been accorded or in
contravention of any provisions of this Act or bye-laws made thereunder, the
Commissioner may in addition to any other action that may be taken under
this Act by order require the person at whose instance the building or the work
has been commenced or is being carried on, to stop the same forthwith.
(2) If an order made by the Commissioner under section 253 or under
sub-section (1) of this section directing any person to stop the erection of any
building or execution of any work is not complied with, the Commissioner
may require any police officer to remove such person and all his assistants and
workmen from the premises within such time as may be specified in the
requisition and such police officer shall comply with the requisition
accordingly.
(3) After the requisition under sub-section (2) has been complied
with, the Commissioner may, if he thinks fit, depute by a written order a
police officer or a Corporation officer or other Corporation employee to watch
the premises in order to ensure that the erection of the building or the
execution of the work is not continued.
(4) Where a police officer or a Corporation officer or other
Corporation employee has been deputed under sub-section (3) to watch the
premises, the cost of such deputation shall be paid by the person at whose
instance such erection or execution is being continued or to whom notice
under sub-section (1) was given and shall be recoverable from such person as
an arrear of tax under this Act.
1
[(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

1. Sub-Sections (5), (5-A),(5-B), (5-C) and (5-D) substituted for Sub-section (5)
vide H.P. Act No. 7 of 1997, effective from 10th January, 1997.
146 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(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.]
1
[(6) Notwithstanding anything to the contrary contained in this Act,
the Commissioner, shall, within three months after affording an opportunity of
being heard, deny or withdraw the no objection certificate issued for
installation of electricity connection, the civic amenities including water and
sewerage connection, if the owner, or the occupier of the building carry out
unauthorized construction without sanction or make deviations from the
sanctioned plan, erection of a building on any Government land or land vested
in the Corporation, or by covering any public road, street, path or drain or
obtain sanction on misrepresentation or by concealing material facts at the
time of making the application for sanction of building plan and shall dispose
of the proceedings within six months.]
2
[254-A. Power to seal unauthorized development or
construction.- (1) It shall be lawful for the Commissioner, at any time, before
or after making an order of demolition or stoppage of building works under
section 253 or section 254 to make an order directing the sealing of such
development in the manner as may be prescribed by bye-laws made by the
Corporation for the purpose of carrying out the provisions of this Act, or for
preventing any dispute as to the nature and extent of such development.
(2) Where any development has been sealed under sub-section (1), the
Commissioner may, for the purpose of demolishing such development, order

1. Sub-section (6) substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
2. Section 254-A inserted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 147

the seal to be removed.

(3) No person shall remove such seal except, under an order made by
the Commissioner under sub-section (2) or under an order of the appellate
authority made in an appeal under this Act.]
255. Power of State Government to give directions for
compounding deviations from sanctioned plan.- Without prejudice to the
provisions contained in this Act the Government may, from time to time, give
such special or general directions in the matters of policy in relation to the
compounding of the cases involving deviations from the sanctioned plans as
in its opinion are required to be followed by the Commissioner for
compounding such cases under sub-section (5) of section 254 of this Act.
256. Power of Commissioner to require alteration of work.- (1)
The Commissioner may, at any time during the erection of any building or
execution of any work or at any time within three months after the completion
thereof, by a written notice specify any matter in respect of which such
erection or execution is without or contrary to the sanction referred to in
section 246 or is contravention of any condition of such sanction or any of the
provisions of this Act or any bye-laws made thereunder and require the person
who gave the notice under section 243 or section 244 or the owner of such
building or work either-
(a) to make such alteration as may be specified in the said notice
with the object of bringing the building or work in conformity
with the said sanction, condition or provisions, or
(b) to show cause why such alterations should not be made within
the period stated in the notice.
(2) If the person or the owner does not show cause as aforesaid he
shall be bound to make the alterations specified in the notice.
(3) If the person or the owner shows cause as aforesaid, the
Commissioner shall by an order either cancel the notice issued under sub-
section (1) or confirm the same subject to such modifications as he thinks fit.
257. Completion certificate.- (1) Every person who employs a
licensed architect or engineer or a person approved by the Commissioner to
design or erect a building or execute any work shall, within one month after
the completion of the erection of the building in whole or part thereof or
execution of the work, deliver or send or cause to be delivered or sent to the
Commissioner a notice in writing of such completion accompanied by a
certificate in the form prescribed by bye-laws made in this behalf and shall
give to the Commissioner all necessary facilities for the inspection of such
building or work.
(2) No person shall occupy or permit to be occupied any such
building or use or permit to be used any building or a part thereof effected by
any such work until permission has been granted by the Commissioner in this
behalf in accordance with bye-laws made under this Act:
148 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Provided that if the Commissioner fails, within a period of thirty days

after the receipt of the notice of completion of a building or part thereof to
communicate his refusal to grant such permission, such permission shall be
deemed to have been granted.
258. Restriction on user of buildings and removal of dangerous
buildings.- (1) No person shall, without the written permission of the
Commissioner, or otherwise than in conformity with the conditions, if any of
such permission-
(a) use or permit to be used for human habitation any part of a
building not originally erected or authorised to be used for
that purpose or not used for that purpose before any alteration
has been made therein by any work executed in accordance
with the provisions of this Act and of the bye-laws made
thereunder;
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into
another kind.
(2) If it appears to the Commissioner at any time that any building is
in a ruinous condition, or likely to fall, or in any way dangerous to any person
occupying, resorting to or passing by such building or any other building or
place in the neighbourhood of such building, the Commissioner may, by order
in writing, require the owner or occupier of such building to demolish, secure
or repair such building or do one or more of such things within such period as
may be specified in the order, so as to prevent all cause of danger therefrom.
(3) The Commissioner may also, if he thinks fit, require such owner
or occupier by the said order either forthwith or before proceeding to
demolish secure or repair the building to set up a proper and sufficient board
or fence for the protection of passers-by and other persons, with a convenient
platform and hand rail wherever practicable to serve as a footway for
passengers outside of such board or fence.
(4) If it appears to the Commissioner that danger from a building
which is in a ruinous condition or likely to fall is imminent, he may, before
making the order aforesaid fence off, demolish, secure or repair the said
building or take such steps as may be necessary to prevent the danger.
(5) If the owner or occupier of the building does not comply with the
order within the period specified therein, the Commissioner shall take such
steps in relation to the building as to prevent all cause of danger therefrom.
(6) All expenses incurred by the Commissioner in relation to any
building under this section shall be recoverable from the owner or occupier
thereof as arrears of tax under this Act.
259. Power to order building to be vacated in certain
circumstances.- (1) The Commissioner may by order in writing direct that
any building which in his opinion is in a dangerous condition or is not
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 149

provided with sufficient means of egress in case of fire or is occupied in

contravention of section 257, be vacated forthwith or within such period as
may be specified in the order:
Provided that at the time of making such order the Commissioner
shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such
order the Commissioner may direct any police officer to remove such person
from the building and the police officer shall comply with such direction
accordingly.
(3) The Commissioner shall, on the application of any person who has
vacated, or has been removed from any building in pursuance of an order
made by him, allow such person to re-occupy the building on the expiry of the
period for which the order has been in force; provided that the reasons on
account of which the vacation was ordered have been rectified or have ceased
to exist.
260. Building scheme.- (1) The Corporation may, and if so required
by the Government shall, within six months of the date of such requisition,
draw up a building scheme for built areas, and a town planning scheme for
unbuilt areas, which may among other things provide for the following
matters, namely:-
(a) the restriction of the erection or re-erection of buildings or
any class of buildings in the whole or any part of the city, and
of the use to which they may be put;
(b) the prescription of a building line on either side or both sides
of any street existing or proposed;
(c) the amount of land in such unbuilt area which shall be
transferred to the Corporation for public purposes including
use as public streets by owners of land either on payment of
compensation or otherwise; provided that the total amount so
transferred shall not exceed thirty five per cent and the
amount transferred without payment shall not exceed twenty
five per cent of any one owner's land within such unbuilt area;
(d) the determination of the size and shape of a reconstituted plot
so as to render it suitable for building purposes and where the
plot is already built upon, to ensure that the building, so far as
possible complies with the provisions of the scheme in
respect of open spaces;
(e) the formation of a reconstituted plot by the alteration of the
boundaries of an original plot;
(f) the formation of a reconstituted plot by the transfer wholly or
partly of the adjoining lands;
(g) the allotment of a plot to any owner dispossessed of land in
furtherance of the scheme;
150 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(h) the transfer of ownership of a plot from one person to

another; and
(i) the details of the internal services, estimated cost for
providing them, the extent of the liability of the owners of
buildings and lands for the payment of the cost and the
manner of payment of the same.
Explanation.- For the purposes of this section-
(1) the “reconstituted plot” shall mean a plot which is altered
in ownership or otherwise as a result of making of a town
planning scheme;
(2) “internal services” shall mean-
(i) metalling of roads and paving of footpaths;
(ii) turfing and plantation with trees of open spaces;
(iii) street lighting;
(iv) adequate and wholesome water supply;
(v) sewers and drains both for storm and sullage water
and necessary provision for their treatment and
disposal; and
(vi) any other works that the Corporation may think
necessary for the development of the area comprised
in the scheme.
(2) when a scheme has been drawn up under the provisions of sub-
section (1), the Corporation shall give public notice of such scheme and shall
at the same time intimate a date not less than thirty days from the date of such
notice by which any person may submit to the Corporation in writing any
objection or suggestion with regard to such scheme which he may wish to
make.
(3) The Corporation shall consider every objection or suggestion with
regard to the scheme which may be received by the date intimated under the
provisions of sub-section (2) and may modify the scheme in consequence of
any such objection or suggestion and shall then forward such scheme as
originally drawn up or as modified to the Government which may sanction
such scheme or may refuse to sanction it, or may return it to the Corporation
for reconsideration and re-submission by a specified date.
(4) If a Corporation fails to submit a scheme within six months of
being required to do so under sub-section (1) or fails to re-submit a scheme by
a specified date, when required to do so under sub-section (3) or re-submit a
scheme which is not approved by the Government, the Government may draw
up a scheme of which public notice shall be given by notification and by
publication within the city together with an intimation of the date by which
any person may submit in writing to the Government any objection or
suggestion which he may wish to make and the Government may sanction
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 151

such scheme as originally notified or modified in consequence of any such

objections or suggestions as the Government may think fit, and the cost of
such scheme or such portion of the cost as the Government may deem fit shall
be defrayed from the Corporation Fund.
(5) While sanctioning a scheme the Government may impose
condition for the submission of periodical reports to it on the progress of the
scheme and for the inspection and supervision of the schemes.
(6) After the scheme has been sanctioned, the Corporation shall
proceed to provide internal services as soon as possible and complete it with a
period of five years from the date of its sanction.
(7) If under the provisions of any scheme sanctioned under the
preceding sub-sections the erection or re-erection of building in a specified
area for a specified purpose is prohibited, any person who after such scheme
is sanctioned, uses any building for such purpose shall, unless it was used for
this purpose before the scheme was sanctioned, on conviction be liable to fine
which may extend to five thousand rupees, and if after such conviction he
continues to use such building for such purpose shall be liable to fine which
may extend to one hundred rupees for every day during which such use
continues.
(8) For the purpose of drawing up a building scheme for built up areas
and a town planning scheme for unbuilt up areas, the Corporation may, and if
so required by the State Government shall, cause the geological survey of the
municipal area conducted by such persons and in such manner as may be
prescribed.
Explanation.- For the purpose of this section-
(i) 'built area' is that portion of a municipal area of which the
greater part has been developed as a business or residential
area; and
(ii) 'unbuilt area' is an area within the local limits of a municipal
area which is declared as such at a special meeting of the
Corporation by a resolution confirmed by the Government, or
which is notified as such by the Government.
CHAPTER-XV
SANITATION AND PUBLIC HEALTH
261. Provision for daily cleansing of streets and removal of
rubbish and filth.- (1) For the purpose of securing the efficient scavenging
and cleansing of all streets and premises, the Commissioner, shall provide-
(a) for the daily surface cleansing of all streets and the removal
of the sweepings therefrom; and
(b) for the removal of the contents of all receptacles and depots
and of the accumulation at all places provided or appointed by
152 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

him under the provisions of this Act for the temporary deposit
of rubbish, filth and other polluted and obnoxious matter.
(2) The Commissioner may, by public notice issue directions as to the
time at which, the manner in which, and the conditions subject to which, any
matter referred to in sub-section (1) may be removed along a street or may be
deposited or otherwise disposed of.
262. Rubbish etc. to be property of Corporation.- All matters
deposited in public receptacles depots and places provided or appointed under
section 263 and all matters collected by Corporation employees or contractors
in pursuance of sections 261 and 266 shall be property of the Corporation.
263. Provision for placement of receptacles, depots and places for
rubbish etc.- (1) The Commissioner shall-
(a) provide or place in proper and convenient situations public
receptacles, depots or places for the temporary deposit of
rubbish, filth and other polluted and obnoxious matters and
for the final disposal of rubbish, filth and other polluted and
obnoxious matter;
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of
rubbish and offensive matters; and
(d) provide covered vehicles or vessels for the removal of filth
and other polluted and obnoxious matters.
(2) The Commissioner shall make adequate provision for preventing
receptacles, depots, dustbins, vehicles and vessels referred to in sub-section
(1) from becoming sources of nuisance.
264. Duty of owners and occupiers to collect and deposit rubbish
etc.- It shall be the duty of the owners and occupiers of all premises -
(a) to have the premises swept and cleaned;
(b) to cause all filth, rubbish and other polluted and obnoxious
matter to be collected from their respective premises and
deposited at such times as the Commissioner, by the public
notice prescribe, in public receptacles, depots or places
provided or appointed under section 263 for temporary
deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner
prescribed by the Commissioner for the collection therein of
all filth, rubbish and other polluted and obnoxious matters
from such premises and to keep such receptacles in good
condition and repair.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 153

1
[(d) to collect and deposit the garbage for further disposal by the
Municipal Corporation in the manner prescribed by the
Commissioner, on payment of fee for such disposal as may be
fixed by the Government].
265. Removal of rubbish etc. accumulated on premises used as
factories, workshops etc.- The Commissioner may, if he thinks fit,-
(a) by written notice require the owner or occupier of any
premises used for carrying on any manufacture, trade or
business or used as a factory, workshop, trade premises or
market or in any way so that rubbish, filth and other polluted
and obnoxious matters are accumulated in large quantities, to
collect all such rubbish, filth and other polluted and
obnoxious matter accumulating thereon and to remove the
same at such time and in such carts or receptacles and by such
routes as may be specified in the notice to a depot or place
provided or appointed under section 263; or
(b) after giving such owner or occupier notice of his intention
cause all rubbish filth and other polluted and obnoxious
matter accumulated in such premises to be removed and
charge the said owner or occupier for such removal such fee
as may, with the sanction of the Corporation, be specified in
the notice issued under clause (a).
266. Prohibition against accumulation of rubbish etc.- (1) No
owner or occupier of any premises shall keep or allow to be kept for more
than twenty four hours or otherwise than in a receptacle approved by the
Commissioner, any rubbish, filth or other polluted and obnoxious matters, on
such premises or any place belonging thereto or neglect to employ proper
means to remove such rubbish, filth and other polluted and obnoxious matter
from or to cleanse, such receptacle and to dispose such rubbish, filth and other
polluted and obnoxious matter in the manner directed by the Commissioner,
or fail to comply with any requisition of the Commissioner as to the
construction, repair, pavement or cleansing of any latrine or urinal on or
belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain
latrine or urinal or any rubbish, filth and other polluted and obnoxious matter
to run down on or to be thrown or put upon, any street or into any drain in or
along the side of any street except in such manner as shall prevent any
avoidable nuisance from any such water, rubbish, filth or other polluted and
obnoxious matters.
(3) No person shall, after due provision had been made in this respect
under the foregoing provisions of this chapter for the deposit and removal of
the same;

1. Clause (d) added vide H.P. Act No. 4 of 2005, effective from 26th October, 2004.
154 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(a) deposit any rubbish, filth and other polluted and obnoxious
matters in any street or on the verandah of any building or on
any unoccupied ground along side any street or on the bank of
a water course; or
(b) deposit any filth or other polluted and obnoxious matter in
any dustbin or in any vehicle not intended for the removal of
the same; or
(c) deposit rubbish in any vehicle or vessel intended for the
removal of filth and other polluted and obnoxious matter.
267. Commissioner's power to get premises scavenged and
cleansed.- If any premises are not properly and regularly scavenged or
cleansed or are in a filthy and unwholesome condition, the Commissioner may
cause them to be scavenged and cleansed and recover the expenses from the
owner or, as the case may be, occupier as an arrear of tax under this Act.
268. Public latrines, urinals etc.- (1) The Commissioner shall
provide and maintain in proper and convenient places sufficient number of
public latrines and urinals.
(2) Such public latrines and urinals shall be so constructed as to
provide separate compartments for each sex and not to be a nuisance, and
shall be provided with all necessary conservancy establishments and shall
regularly be cleansed and kept in proper order.
269. Construction of latrines and urinals.- (1) The Commissioner
may require the owner or occupant of any service latrine, within a period to be
specified in the notice, to demolish or close such service latrine and convert it
into water flush latrine; and on the failure to convert such latrine, the
Commissioner may himself get the same converted and recover the cost
incurred thereon from the owner or occupier, as the case may be.
(2) No building plans shall be sanctioned by the Corporation unless
the provisions for flush or water-seal latrine is made.
1
[(3) Notwithstanding anything contained in sub-section (1), it shall
be the duty of the house-owner or occupant of any premises to connect his
latrines, urinals and septic tank, as the case may be, with sewerage line of the
Corporation at his own expenses by getting sewerage connection from the
Corporation, and if he fails to do so, he shall be punishable with a fine which
may extend to two thousand rupees but shall not be less than five hundred
rupees, in addition to other charges for such connection 2[the house owner or
the occupant shall also pay user charges for the sewerage connection as may
be fixed by the Government/Municipal Corporation from time to time. In case
of continuous default by the house owner or occupant in getting the sewerage
connection or failure to pay the charges as fixed by the Government, the civic

1. Sub-section (3) added vide H.P. Act No. 4 of 2005. effective from 26th October,
2004.
2. Inserted vide H.P. Act No. 29 of 2005.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 155

amenities viz. water, electricity etc. shall also be liable to be disconnected:

Provided that where sewerage line is passing through other person's
land, the sewerage connection shall be connected to the sewerage line through
the boundary lines of such land or where the building has been constructed,
the line shall be laid through the setbacks of such building, whichever is
feasible.]
270. Latrines and urinals etc. in new buildings.- (1) It shall not be
lawful to erect any residential building without providing flush or water seal
latrine and accommodation for bathing or for washing clothes and utensils on
each floor of such building as may be prescribed.
(2) While prescribing such accommodation it may in each case be
determined -
(a) whether such building shall be served by the flush system or
by water seal system;
(b) what shall be the site or position of each latrine, urinal,
bathing or washing place or site and their number on each
floor and their clear internal dimensions.
(3) It shall not be lawful to erect a residential building composed of
separate tenements on the flat system without providing atleast one latrine and
one bathing or washing place for servants on the ground floor of such building
or at any other suitable place in the same premises.
(4) In this section the expression to erect a building has the same
meaning as in section 241.
271. Latrines and urinals for labourers etc.- Every person
employing workmen, labour or other persons exceeding twenty in number
shall provide and maintain for the separate use of persons of each sex so
employed, latrines and urinals, of such description and number as the
Commissioner may by notice require and within such time as may be fixed in
the notice and shall keep the same in clean and proper order.
272. Provision of latrines and urinals for markets etc.- The
Commissioner may by notice require any owner or manager of a market, cart
stand, cattle shed, theatre, railway station and other places of public resort
within such time as may be specified in such notice to provide and maintain
for the separate use of persons of each sex, latrines and urinals of such
description and number and in such position as may be specified and to keep
the same in clean and proper order.
273. Other provisions as to private latrines.- The Commissioner
may, by written notice-
(a) require the owner or other person having the control of any
private latrine or urinal not to put the same to public use; or
(b) require the owner or other person having control of such
private latrine or urinal which in the opinion of the
156 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Commissioner constitutes a nuisance, to remove the latrine or

the urinal; or
(c) require any person having the control whether as owner,
lessee or occupier of any land or building-
(i) to have any latrine provided for the same shut out by a
sufficient roof, wall or fence from the view of persons
passing by or dwelling in the neighbourhood; or
(ii) to cleanse in such manner as the Commissioner may
specify in the notice any latrine or urinal belonging to the
land or building; or
(d) where any premises intended or used for human habitation are
without any latrine or urinal accommodation or are provided
with insufficient latrine or urinal accommodation, require the
owner, lessee or occupier of such premises to provide such or
such additional latrine or urinal accommodation as may be
prescribed, if necessary, by causing any part of such premises
to be vacated and demolished in accordance with the bye-
laws made in this behalf.
274. Removal of congested building.- (1) Where it appears to the
Commissioner that any block of building is in an unhealthy condition by
reason of the manner in which the buildings are crowded together, or of the
narrowness, closeness, or faulty arrangement of streets, or for want of proper
drainage and ventilation, or of the impracticability of cleansing the building or
other similar cause, he shall cause the block to be inspected by the
Corporation Health Officer and the Corporation Engineer, who shall make a
report in writing to him regarding the sanitary condition of the block.
(2) If upon receipt of such report the Commissioner considers that the
sanitary condition of the block is likely to cause risk of disease to the
inhabitants of the buildings or of the neighbourhood or otherwise to endanger
the public health, he shall with the approval of the Corporation select the
buildings which in his opinion should wholly or in part be removed in order to
abate the unhealthy condition of the block and may thereupon of notice in
writing require the owner of such buildings to remove them within such
period as may be specified in the notice:
Provided that before issuing the notice, reasonable opportunity should
be afforded to the owners to show cause why the buildings should not be
removed:
Provided further that the Commissioner shall pay compensation to the
owners for any buildings so removed which may have been erected under
proper authority.
(3) If a notice under sub-section (2) requiring any owner of a building
to remove it is not complied with, then, after the expiration of the time
specified in the notice the Commissioner may himself remove the building
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 157

required to be removed by the notice and recover from the owner of the
building the expenses of such removal as an arrear of tax under this Act.
275.Power of Commissioner to require improvement of buildings
unfit for human habitation.- (1) Where the Commissioner upon information
in his possession is satisfied that any building is in any respect unfit for
human habitation, he may, unless in his opinion the building is not capable at
a reasonable expense of being rendered fit, serve upon the owner of the
building a notice requiring him within such time not being less than thirty
days as may be specified in the notice to execute the works of improvement
specified therein and stating that in his opinion those works will render the
building fit for human habitation.
(2) In addition to serving a notice under this section on the owner, the
Commissioner may serve a copy of the notice on any other person having an
interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human
habitation at a reasonable expense regard shall be had to the estimated cost of
the work necessary to render it so fit and the value which it is estimated that
the building will have when the works are completed.
276. Enforcement of notice requiring execution of works of
improvement.- If a notice under section 275 requiring the owner of the
building to execute works of improvement is not complied with, then, after
the expiration of the time specified in the notice the Commissioner may
himself do the works required to be done by the notice and recover the
expenses incurred in connection therewith as an arrear of tax under this Act.
277. Power of Commissioner to order demolition of buildings
unfit for human habitation.- (1) Where the Commissioner upon any
information in his possession is satisfied that any building is unfit for human
habitation and is not capable at a reasonable expense of being rendered so fit,
he shall serve upon the owner of the building and upon any other person
having an interest in the building, whether as a lessee, mortgagee or otherwise
a notice to show cause within such time as may be specified in the notice as to
why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under
sub-section (1), appears in pursuance thereof before the Commissioner and
gives an undertaking to him that such person shall, within a period specified
by the Commissioner, execute such works of improvement in relation to the
building as will, in the opinion of the Commissioner, render the building fit
for human habitation or an undertaking that the building shall not be used for
human habitation until the Commissioner on being satisfied that it has been
rendered fit for that purpose, cancel the undertaking the Commissioner shall
not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given,
or if in a case where any such undertaking has been given, any work of
improvement to which the undertaking relates is not carried out within the
specified period or the building is at any time used in contravention of the
158 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

terms of the undertaking, the Commissioner shall forthwith make an order of

demolition of the building requiring that the building shall be vacated within a
period to be specified in the order not being less than thirty days from the date
of the order, and that it shall be demolished within six weeks of the expiration
of that period.
(4) Where an order of demolition of a building under this section has
been made, the owner of building or any other person having an interest
therein shall demolish that building within the time specified in that behalf by
the order, and if the building is not demolished within that time, the
Commissioner, shall demolish the building and sell the materials thereof.
(5) Any expenses incurred by the Commissioner under sub-section
(4), if not satisfied out of the proceeds of the sale of materials of the building,
shall be recovered from the owner of the building or any other person having
an interest therein as an arrear of tax under this Act.
(6) In determining for the purposes of section 275 and this section
whether a building is unfit for human habitation, regard shall be had to its
condition in respect of the following matters that is to say:-
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for
the disposal of rubbish, filth and other polluted matter;
and the building shall be deemed to be unfit as aforesaid if and only if
it is so far defective in one or more of the said matters that it is not reasonably
suitable for occupation in that condition.
Explanation.- In sections 275, 276 and this section, “work of
improvement” in relation to a building includes any one or more of the
following works, namely:-
(a) necessary repairs;
(b) structural alterations;
(c) provision of light points and water taps;
(d) construction of drains, open or covered;
(e) provision of latrines and urinals;
(f) provision of additional or improved fixtures and fittings;
(g) opening up or paving of court yard;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 159

(h) removal of rubbish, filth and other polluted and obnoxious

matter;
(i) any other work including the demolition of any building or
any part thereof which, in the opinion of the Commissioner is
necessary for executing any of the works specified above.
(7) The provisions of sections 274, 275, 276 and this section shall not
apply in relation to any building etc. in any area which has been declared to be
a slum area under the Himachal Pradesh Slum Areas (Improvement and
Clearance ) Act, 1979 (19 of 1979).
278. Insanitary huts and sheds.- Where the Commissioner upon any
information in his possession is satisfied that any hut or shed used as dwelling
house or as a stable or for any other purpose, is likely, by reason of its being
constructed without a plinth or on account of the impracticability of
scavenging and cleansing it or owing to the manner in which it and other huts
or sheds are crowded together, to cause risk of disease to the inmates
thereofor to the inhabitants of the neighbourhood, or is for any reason likely to
endanger public health or safety, he may by notice in writing require the
owner or occupier of the hut or shed or the owner or occupier of the land on
which the hut or shed stands to remove or alter the hut or shed or carry out
such improvement thereof as the Commissioner may deem necessary within
such time as may be specified in the notice.
279. Prohibition against washing by washerman.- (1) The
Commissioner may by public notice, prohibit the washing of clothes by
washermen in the exercise of their callings except at such places as he may
appoint for the purpose.
(2) When any such prohibition has been made, no person who is by
calling a washerman shall in contravention of such prohibition wash clothes
except for himself or for personal and family service or for hire on or within
the premises of the hirer at any place other than a place appointed under sub-
section (1).
280. Obligation to give information of dangerous disease.- Any
person being incharge of or in attendance whether as medical practitioner or
otherwise, upon any person whom he knows or has reason to believe to be
suffering from a dangerous disease, or being owner, lessee, or occupier of any
building in which he knows that any such person is so suffering shall
forthwith give information in respect of the existence of such disease to the
Corporation Health Officer.
281. Removal of patient to hospital suffering from dangerous
disease.- When any person suffering from any dangerous disease is found to
be -
(a) without proper lodging or accommodation; or
(b) living in a room or house which he neither owns nor pays rent
for, nor occupies as the guest or relative of person who owns,
or pays rent for it; or
160 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(c) living in a sarai, hotel, boarding house or other public hostel;

or
(d) lodged in premises occupied by members of two or more
families, the Commissioner or any person authorised by him
in this behalf may, on the advice of any medical officer of the
rank not inferior to that of an assistant surgeon, remove the
patient to any hospital or place at which persons suffering
from such disease are received for medical treatment and may
do anything necessary for such removal.
282. Disinfection of buildings and articles.- Where the
Commissioner is of the opinion that the cleansing and disinfection of any
building or part of a building or of any article in such building or part of
which are likely to retain infection or the renewal or flooring of any building
or part of such building and the renewal or plastering of the walls thereof,
would tend to prevent or check the spread of any dangerous disease, he may,
by notice in writing, require the owner or occupier to cleanse and disinfect the
said building, part or articles, as the case may be, or to renew the said flooring
and if necessary the said plastering also within such time as may be specified
in the notice:
Provided that where in the opinion of the Commissioner the owner or
occupier is from poverty unable effectually to carry out any such requisition,
the Commissioner may at the expense of the Corporation cleanse and disinfect
the building, or articles, or as the case may be, renew the flooring and if
necessary, the plastering also.
283. Destruction of infections huts or sheds.- (1) Where the
destruction of any hut or shed is in the opinion of the Commissioner necessary
to prevent the spread of any dangerous disease, the Commissioner may by
notice in writing require the owner to destroy the hut or shed and the materials
thereof within such time as may be specified in the notice.
(2) Where the Commissioner is satisfied that the destruction of any
hut or shed is immediately necessary for the purpose of preventing the spread
of any dangerous disease, he may, order the owner or occupier of the hut or
shed to destroy the same forthwith or may himself cause it to be destroyed.
(3) Compensation may be paid by the Commissioner, in any case
which he thinks fit to any person who sustains substantial loss by the
destruction of any such hut or shed, but, except as so allowed by the
Commissioner, no claim for compensation shall lie for any loss or damage
caused by any exercise of the power conferred by this section.
284. Means of disinfection.- (1) The Commissioner shall -
(a) provide proper places with necessary attendants and apparatus
for the disinfection of conveyances, clothing, bedding and
other articles which have been exposed to infection;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 161

(b) cause conveyances, clothing and other articles brought for

disinfection to be disinfected either free of charge or on
payment of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing,
bedding and conveyances or other articles which have been exposed to
infection shall be washed and if he does so, no person, shall wash any such
thing at any place not so notified without having previously disinfected such
thing.
(3) The Commissioner may direct the destruction of any clothing,
bedding or other articles likely to retain infection and may give such
compensation as he thinks fit for any article so destroyed.
285. Special measures in case of out-break of dangerous or
epidemic diseases.- (1) In the event of the municipal area or any part thereof
being visited or threatened by an outbreak of any dangerous disease among
the inhabitants thereof or of any epidemic disease among any animals therein,
the Commissioner, if he thinks that the other provisions of this Act and the
provisions of any other law for the time being in force are insufficient for the
purpose may, with the previous sanction of the Corporation,-
(a) take such special measures; and
(b) by public notice, give such directions to be observed by the
public or by any class or section of the public, as he thinks
necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Commissioner immediate
measures are necessary, he may take action without such sanction as aforesaid
and if he does so, shall forthwith report such action to the Corporation.
(2) No person shall commit a breach of any direction given under sub-
section (1) and if he does so he shall be deemed to have committed an offence
under section 188 of the Indian Penal Code, 1860 (45 of 1860).
286. Infected clothes not to be sent to washerman or to laundry.-
(1) A person shall not send or take to any washerman or to any laundry or
place set apart for the exercise by washerman or their calling for the purpose
of being washed or to any place for the purpose of being cleansed, any cloth
or other article which he knows to have been exposed to infection from a
dangerous disease unless that cloth or article has been disinfected by or to the
satisfaction of the Corporation Health Officer.
(2) The occupier of any building in which a person is suffering from a
dangerous disease shall, if required by the Corporation Health Officer furnish
to him the address of any washerman to whom or any laundry or other place
to which clothes and other articles from the building have been or will be, sent
during the continuance of the disease for the purpose of being washed or
cleansed.
287. Contamination and disinfection of public conveyances.- (1)
Whoever-
162 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(a) uses a public conveyance while suffering from a dangerous

disease; or
(b) uses a public conveyance for the carriage of person who is
suffering from any disease; or
(c) uses a public conveyance for the carriage of the corpse of a
person who had died from such disease;
shall be bound to take proper precautions against the communication
of the disease to other person using or who may thereafter use the conveyance
and to notify such use to the owner, driver or person in charge of the
conveyance and further report without delay to the Commissioner the number
of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who
has died from a dangerous disease has been carried, in public conveyance
which ordinarily plies in the municipal area or any part thereof, the driver
thereof, shall forthwith report the fact to the Commissioner who shall
forthwith cause the conveyance to be disinfected if that has not already been
done.
(3) No such conveyance shall be again brought into use until the
Corporation Health Officer has granted a certificate stating that it can be used
without causing risk of infection.
(4) Whoever fails to make to the Commissioner any report which he
is required to make under this section shall be guilty of an offence.
288. Driver of conveyance not bound to carry persons suffering
from dangerous diseases.- Notwithstanding anything contained in any law
for the time being in force no owner, driver or person in charge of a public
conveyance shall be bound to convey or to allow to be conveyed in such
conveyance in or in the vicinity of the municipal area any person suffering
from a dangerous disease or the corpse of any person who had died from such
disease unless and until such person pays or tenders a sum sufficient to
recover any loss and expenses which would ordinarily be incurred in
disinfecting the conveyance.
289. Disinfection of buildings before letting the same.- (1) Where
any building or part of a building is intended to be let in which any person
has, within six weeks immediately preceding been suffering from a dangerous
disease, the person letting the building or part shall, before doing so disinfect
the same in such manner as the Commissioner may by general or special
notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, hotel,
lodging house or sarai shall be deemed to let a part of the building to any
person accommodated in such hostel, hotel, lodging house or sarai, as the case
may be.
290. Disposal of infected articles without disinfection.- No person
shall, without previous disinfection give, lend, sell, transmit or otherwise
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 163

dispose of to another person any article or thing which he knows or has reason
to believe was exposed to contamination by dangerous disease and is likely to
be used in or taken into the municipal area or any part thereof.
291. Prohibition of making or selling of food, etc. or washing of
clothes by infected persons.- No person while suffering from, or in
circumstances in which he is likely to spread any dangerous disease, shall -
(a) make, carry or offer for sale or take any part in the business of
making, carrying or offering for sale, any article of food or
drink or any medicine or drug for human consumption, or any
article of clothing or bedding for personal use or wear; or
(b) take any part in the business of the washing or carrying of
clothes.
292. Power to restrict or prohibit sale of food or drink.- When the
municipal area or any part thereof is visited or threatened by an outbreak of
any dangerous disease, the Commissioner may, by public notice, restrict in
such manner or prohibit for such period as may be specified in the notice, the
sale or preparation of any article of food or drink for human consumption
specified in the notice or the sale of flesh of any description of animal so
specified.
293. Control over wells and tanks etc.- (1) If the Commissioner is
of opinion that the water in any well, tank or other place is likely if used for
drinking, to endanger, or cause the spread of any disease, he may -
(a) by public notice, prohibit the removal or use of such water for
drinking; or
(b) by notice in writing, require the owner or person having
control of such, well, tank or place to take such steps as may
be directed by the notice to prevent the public from having
access to or using such water; or
(c) take such other steps as he may consider expedient to prevent
the outbreak or spread of any such disease.
(2) In the event of the municipal area or any part thereof being visited
or threatened by an outbreak of a dangerous disease, the Corporation Health
Officer or any person authorised by him in this behalf, may without notice and
at any time, inspect and disinfect any well, tank or other place from which
water is or is likely to be taken for the purpose of drinking and may further
take such steps as he may think fit to ensure the purity of the water or to
prevent the use of the same for drinking purposes.
294. Duty of persons suffering from dangerous diseases.- No
person shall-
(a) knowing that he is suffering from dangerous disease expose
other persons to the risk of infection by his presence or
conduct in any public street or public place;
164 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(b) having the care of a person whom he knows to be suffering

from a dangerous disease cause or permit that person to
expose other persons to the risk of infection by his presence
or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dustbin or other receptacle for
the deposit of rubbish, any matter which he knows to have
been exposed to or having infection from a dangerous disease
and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any
matter which he knows to have been exposed to infection
from a dangerous disease and which has not been disinfected
properly.
295. Disposal of infectious corpse, where any person has died
from any dangerous disease.- Where any person has died from any
dangerous disease the Commissioner may by notice in writing-
(a) require any person having charge of corpse to convey the
same to mortuary thereafter to be disposed of in accordance
with law; or
(b) prohibit the removal of corpses from the place where the
death occurred except for the purpose of being burnt, buried
or from being conveyed to a mortuary.
296. Conditions of service of Safai Karamcharis and certain other
classes of persons employed in Corporation services.- (1) No person being
a Safai Karamchari employed in the Corporation service shall in the absence
of any contract authorising him so to do, resign his employment without
having given one month's notice to the Commissioner or shall abstain himself
or neglect or refuse to perform his duties without reasonable cause.
(2) The Corporation may by resolution direct that on or from such
date as may be specified in the resolution, the provisions of this section shall
apply in the case of any specified class of persons employed by the
Corporation whose functions are intimately concerned with public health or
safety.
297. Power to call for information regarding burning or burial
ground.- The Commissioner may, by notice in writing, require the owner or
person incharge of any building or burial grounds, cremation ground or
electric crematorium to supply such information as may be specified in the
notice concerning the condition, management or position of such ground.
298. Permission for use of new burning or burial ground.- (1) No
place which has not been used as a burning or burial ground, cremation
ground or electric crematorium before the commencement of this Act, shall be
so used without the permission in writing of the Commissioner.
(2) Such permission may be granted subject to any condition which
the Commissioner may think fit to impose for the purpose of preventing any
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 165

annoyance to or danger to the health of any person residing in the

neighbourhood.
299. Power to require closing of burning and burial grounds.- (1)
Where the Commissioner, after making or causing to be made local enquiry,
is of opinion that any burning or burial grounds or cremation ground or
electric crematorium, has become offensive to, or dangerous to the health of
persons residing in the neighbourhood, he may with the previous sanction of
the Corporation, by notice in writing, require the owner or person incharge of
such ground to close the same from such date as may be specified in the
notice.
(2) No corpse shall be burnt or buried at the burning or burial ground
in respect of which a notice has been issued under this section.
300. Removal of corpses.- The Commissioner may by public notice
prescribe routes by which alone corpses may be removed to burning or burial
grounds.
301. Disposal of dead animals.- (1) Whenever any animal in the
charge of any person dies, the person incharge thereof shall within twenty-
four hours either -
(a) convey the carcass to a place provided or appointed under
section 263 for the final disposal of the carcasses of dead
animals; or
(b) give notice of the death to the Commissioner where upon he
shall cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of dead animals under
clause (b) of sub-section (1) the Commissioner may charge such fees as he
may by public notice specify.
CHAPTER - XVI
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
302. Prohibition of nuisances.- (1) No person shall-
(a) in any public street or public place:-
(i) ease himself; or
(ii) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) being engaged in the removal of rubbish, filth or other
polluted and obnoxious matter wilfully or negligently
permit any portion thereof to spill or fall or neglect to
sweep away or otherwise effectually to remove any
portion thereof which may spill or fall in such street or
place; or
166 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(v) without proper authority affix, upon any building,

monument, post, wall, fence, trees or other things, any
bill, notice or other document: or
(vi) without proper authority deface or write upon or
otherwise mark any building, monument, post, wall,
fence, tree or other thing; or
(vii) without proper authority remove, destroy, deface or
otherwise obliterate any notice or other document put up
or exhibited under this Act or the rules or bye-laws made
thereunder; or
(viii) without proper authority displace, damage, make any
alteration in, or otherwise interfere with, the pavement,
gutter, storm, water-drain, sign-board or other materials
of any such street or any lamp, bracket, direction post,
hydrant or water pipe maintained by the Corporation in
any such street or place, or extinguish a public light; or
(ix) carry rubbish, filth or other polluted or obnoxious matter
at any hour prohibited by the Commissioner by public
notice, or in any pattern of cart or receptacle which has
not been approved for the purpose by the Commissioner,
or fail to close such cart or receptacle when in use; or
(b) carry rubbish, filth or other polluted or obnoxious matter
along any route in contravention of any prohibition made in
this behalf by the Commissioner by public notice; or
(c) deposit, or cause or permit to be deposited, earth or materials
of any description or any rubbish or polluted or obnoxious
matter in any place not intended for the purpose or in any
public street or public place or unoccupied land under the
management of the Corporation; or
(d) make any grave or burn or bury any corpse at any place not
set a part for such purpose; or
(e) at any time or place at which the same has been prohibited by
the Commissioner by public or special notice, beat a drum or
tom-tom or blow a horn or trumpet, or beat any utensil, or
sound any brass or other instrument, or play any music; or
(f) disturb the public peace or order by singing, screaming or
shouting or by using any apparatus for amplifying or
reproducing the human voice, such as a megaphone or a
loudspeaker; or
(g) let loose any animal so as to cause, or negligently allow any
animal to cause, injury, danger, alarm or annoyance to any
person; or
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 167

(h) save with the written permission of the Commissioner and in

such manner as he may authorise, store or use night-soil,
cow-dung, manure, rubbish or any other substance omitting
an offensive smell; or
(i) use or permit to be used as a latrine any place not intended for
that purpose.
1
[(j) feed monkeys, langoors and other stray animals in any public
place; or
(k) spit on public place, public road, public street or walls; or
(l) throw any type of garbage/refuse etc. on any public place,
road, street or in open hill side except in a container provided
by the Corporation for this purpose.
Explanation.- For the purpose of clause (j), the
expression “public place” shall not include temple.]
(2) Every person shall take all reasonable means to prevent every
child under the age of twelve years being in his charge from easing himself in
any public street or public place.
(3) The owner or keeper of any animal shall not allow it straying in
public street or public place without a keeper.
(4) Any animal found straying as aforesaid may be removed by an
officer or employee of the Corporation or by any police officer to a pound.
(5) Any swine found straying in a public street or public place shall be
liable to be destroyed by any officer or other employee of the Corporation
appointed in this behalf.
2
[(6) Whoever contravenes any of the provisions of this section shall
be punishable with fine, which may extend to the amount specified against
this section in the 3rd column of the table to the SECOND SCHEDULE for
first offence, and for second contravention, in addition to the penalty as
specified for first offence, he shall be liable to render community service by
personally clearing the public area in and around his premises in question
under the supervision of authorized officer of the Corporation for not less than
a period of one week under videography:
Provided that if such person commits the same offence third time and
subsequently, the Corporation may deny or stop the civic amenities like water,
electricity etc. in residential as well as commercial establishments, as the case
may be.]

1. Clauses (j), (k) and (l) added vide H.P. Act No. 4 of 2005, effective from 26th
October, 2004.
2. Sub-section (6) inserted vide H.P. Act No. 48 of 2013, effective from. 27th July,
2013.
168 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

303. Power of Commissioner to require removal or abatement of

nuisance.- Where the Commissioner is of opinion that there is a nuisance on
any land or building, he may, by notice in writing, require the person by
whose act, default or sufferance the nuisance arises or continues or the owner,
lessee or occupier of the land or building, or one or more of these persons to
remove or abate the nuisance by taking such measures in such manner and
within such period as may be specified in the notice.
304. Registration and control of dogs.- (1) The Corporation may, by
bye-laws made in this behalf,-
(a) require the registration by the registering authority appointed
by the Commissioner in this behalf of all dogs kept within the
municipal areas;
(b) require that every registered dog shall wear a collar to which
shall be attached a metal token to be issued by the registering
authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is
not wearing such token shall, if found in any public place, be
detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and
provide that any such dog shall be liable to be destroyed or
otherwise disposed of unless it is claimed and the fee in
respect thereof is paid within one week.
(2) The Commissioner may,-
(a) cause to be destroyed or to be confined for such period as he
may direct, any dog or other animal which is, or is reasonably
suspected to be, suffering from rabbis, or which has been
bitten by any dog or other animal suffering or suspected to be
suffering from rabbis;
(b) by public notice direct that, after such date as may be
specified in the notice, dogs which are without collars or
without marks, distinguishing them as private property and
are found straying on the streets or beyond the enclosures of
the houses of their owners, if any, may be destroyed and
cause them to be destroyed accordingly.
(3) No damages shall be payable in respect of any dog or other
animals destroyed or otherwise disposed of under this section.
(4) No one, being the owner or person incharge of any dog, shall
allow it to be at large in any public street or public place without being
muzzled and without being secured by a chain lead in any case in which -
(a) he knows that the dog is likely to annoy or intimidate any
person;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 169

(b) the Commissioner has, by public notice during the prevalence

of rabbis, directed that dogs shall not be at large without
muzzled and chain leads.
(5) No one shall -
(a) allow any ferocious dog which belongs to him or is in his
charge to be at large without being muzzled; or
(b) set on or urge any dog or other animal to attack, worry or
intimidate any person; or
(c) knowing or having reason to believe that any dog or animal
belonging to him or in his charge has been bitten by any
animal suffering or reasonably suspected to be suffering from
rabbis, fail or neglect to give immediate information of the
fact to the Commissioner or give information which is false.
305. Staking or collecting inflammable materials.- The
Commissioner may by public notice, prohibit in any case where such
prohibition appears to him to be necessary for the prevention of danger to life
or property, the stacking or collecting of wood, dry grass, straw or other
inflammable materials or the placing of mats or thatched huts or the lighting
of fires in any place which may be specified in the notice.
306. Care of naked lights.- No person shall set a naked light on or
near any building in any public street or other public place in such manner as
to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the
use of lights for the purpose of illumination on the occasion of a festival or
public or private entertainment.
307. Discharging fire-works, fire-arms etc. -No one shall discharge
any fire-arm or let off fire works or fire-balloons or engage in any game in
such manner as to cause or to be likely to cause danger to person passing by
or dwelling or working in the neighbourhood or risk of injury to property.
308. Power to require buildings, wells, etc. to be rendered safe.-
Where any building, or wall, or anything affixed thereto, or any well, tank,
reservoir, pool depression or excavation, or any bank or tree, is in the opinion
of the Commissioner, in a ruinous state, for want of sufficient repairs,
protection or enclosure, a nuisance or dangerous to persons passing by or
dwelling or working in the neighbourhood, the Commissioner may by notice
in writing require the owner or part-owner or person claiming to be the owner
or part-owner thereof or failing any of them, the occupier thereof, to remove
the same or may require him to repair, protect or enclose the same in such
manner as he thinks necessary; and if the danger is, in the opinion of the
Commissioner, imminent, he shall forthwith takes such steps as he thinks
necessary to avert the same.
309. Enclosure of waste land used for improper purposes.- The
Commissioner may, by notice in writing, require the owner or part-owner, or
170 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

person claiming to be the owner or part-owner of any land or building or the

lessee or the person claiming to be the lessee of any such land which by
reason of misuse or disputed ownership or other cause, has remained
unoccupied and has become the resort of the idle and disorderly person or of
persons who have no ostensible means of subsistence or cannot give a
satisfactory account of themselves or is used for gaming or immoral purposes
or otherwise occasions or is likely to occasion a nuisance, secure and enclose
the same within such time as may be specified in the notice.
CHAPTER- XVII
EXTINCTION AND PREVENTION OF FIRE
310. Establishment and maintenance of fire-brigade.- For the
prevention and extinction of fire, the Corporation may, and if the State
Government so directs shall, establish and maintain a fire-brigade and provide
implements, machinery or means of communicating intelligence for the
efficient discharge of their duties by the brigade.
311. Power of members of fire-brigades and other persons for
suppression of fire.- (1) On the occasion of a fire in the municipal area any
Magistrate, the Commissioner of the Corporation, any member of a fire
brigade maintained by the Corporation directing the operations of men
belonging to the brigade, and any police officer not below the rank of Sub-
Inspector may -
(a) remove or order the removal of any person which by his
presence interferes with or impedes the operations for
extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which any fire is burning;
(c) for the purposes of extinguishing the fire break into or through
or pull down, or cause to be broken into or through or pulled
down or used for the passage of houses or other appliances, any
premises;
(d) cause mains and pipes to be shot off so as to give greater
pressure of water in or near the place where the fire has
occurred;
(e) call on the persons incharge of any fire engine to render such
assistance as may be possible;
(f) generally, take such measures as may appear necessary for
preservation of life or property.
(2) When any Government building is endangered by fire, the officer
of the Public Works Department for the time being incharge of the building
may also exercise the powers conferred under sub-section (1).
(3) No person shall be liable to pay damage for any act done by him
under sub-sections (1) and (2) in good faith.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 171

(4) Any damage done in the exercise of a power conferred or a duty

imposed by this section, shall be deemed to be damaged by fire within the
meaning of any policy of insurance against fire.
312. Limitation on operation of this Chapter.- The powers
conferred by the last foregoing section shall be subject to any regulations,
conditions or restrictions which may be imposed by the rules.
CHAPTER-XVIII
MARKETS, SLAUGHTER HOUSES, TRADES AND
OCCUPATION
313. Provision of municipal markets and slaughter houses.- (1)
The Commissioner, when authorised by the Corporation in this behalf, may
provide and maintain municipal markets and slaughter houses in such number
as he thinks fit together with stalls, shops, sheds, pens and other buildings and
conveniences for the use of persons carrying on trade or business in, or
frequenting such markets or slaughter houses and may provide and maintain
in such markets, buildings and places, machines, weights, scales and measures
for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control
of the Commissioner who may at any time, by public notice, close any
municipal market or slaughter house or any part thereof.
314. Use of municipal markets.- (1) No person shall, without the
general or special permission in writing of the Commissioner, sell or expose
for the sale of any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and
any animal or article exposed for sale by such person, may be summarily
removed from the market by or under the orders of the Commissioner or any
officer or employees of the Corporation authorised by the Commissioner in
this behalf.
315. Private markets and slaughter houses.- (1) No place other than
a municipal market shall be used as a market unless such place has been
licensed as a market by the Commissioner.
(2) No place other than a municipal slaughter house shall be used as
slaughter house:
Provided that nothing in this sub-section shall be deemed-
(a) to restrict the slaughter of any animal in any place on the
occasion of any religious festival or ceremony, subject to
such conditions as the Commissioner may, by public or
special notice, impose in this behalf, or
(b) to prevent the Commissioner, with the sanction of the
Corporation, from setting apart places for the slaughter of
animals in accordance with religious customs.
172 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

316. Conditions of grant of license for private market.- (1) The

Commissioner may charge such fees as he thinks fit to impose for the grant of
a licence to any person to open a private market and may grant such licence
subject to such conditions, consistent with this Act and any bye-laws made
thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall
record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the
Corporation and for reasons to be recorded, suspend a licence in respect of a
private market for such period as he thinks fit or cancel such licence:
Provided that no such licence shall be cancelled without giving an
opportunity of being heard to the licensee.
(4) A private market of which the licence has been suspended or
cancelled as aforesaid, shall be closed with effect from such date as may be
specified in the order of suspension or cancellation.
317. Prohibition of keeping markets open without licence etc.- (1)
No person shall keep open for public use any market in respect of which a
licence is required by or under this Act without obtaining a licence therefor or
while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is
suspended or cancelled, the Commissioner shall cause a notice of the grant,
refusal, suspension or cancellation to be pasted in such language or languages
as he thinks necessary in some conspicuous place by or near the entrance to
the place to which the notice relates.
318. Prohibition of use of unlicensed market.- No persons knowing
that any market has been opened to the public without a licence having been
obtained thereof when such licence is required by or under this Act or that the
licence granted therefor is for the time being suspended or that it has been
cancelled, shall sell or expose for sale any animal or article in such market.
319. Prohibition of business and trade.- (1) No animal or article
shall be sold or exposed for sale within a distance of one hundred metres of
any municipal market or licenced private market without the permission of the
Commissioner.
(2) Any person contravening the provision of sub-section (1) and any
animal or article exposed for sale by such person may be summarily removed
by or under the order or the Commissioner or any officer or employee of the
Corporation appointed by him in this behalf.
320. Levy of stallages, rent and fees.- The Commissioner, with the
previous approval of the Corporation, may-
(a) charge such stallages, rents or fees as may from time to time
be fixed by him in this behalf -
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 173

(i) for the occupation or use of any stall, shop, stand, shed or
pen in a municipal market or municipal slaughter house;
(ii) for the right to expose articles for sale in a municipal
market;
(iii) for the use of machines, weights, scales and measures
provided for in any municipal market; and
(iv) for the right to slaughter animals in any municipal
slaughter house and for the feed of such animals before
they are ready for slaughter; or
(b) put upto public auction or dispose of by private sale, the
privilege of occupying or using any stall, shop, stand, shed or
pen in a municipal market or municipal slaughter house for
such period and on such condition as he may think fit.
321. Stallages, rents etc. to be published.- A copy of the table of
stallages, rents and fees, if any, chargeable in any municipal market or
municipal slaughter house and of the bye-laws made under this Act for the
purpose of regulating the use of such market or slaughter house printed in
such language or languages as the Commissioner may direct, shall be affixed
in some conspicuous place in the market or slaughter house.
322. Butcher's fishmonger's and poulterer's licence.- (1) No person
shall without or otherwise than in conformity with a licence from the
Commissioner carry on the trade of a butcher, fishmonger, poulterer or
importer of flesh intended for human food or use any place for the sale of
flesh, fish or poultry intended for human food:
Provided that no licence shall be required for any place used for the
sale or storage for sale of preserved flesh or fish contained in air tight
hermetically sealed receptacles.
(2) The Commissioner may, by order and subject to such conditions
as to supervision and inspection as he thinks fit to impose, grant a licence or
may by order, refuse for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it
is granted or at such earlier date as the Commissioner may, for special
reasons, specify in the licence.
(4) If any place is used for the sale of flesh, fish or poultry in
contravention of the provisions of this section, the Commissioner may stop
the use thereof by such means as he may consider necessary.
323. Factory etc. not to be established without permission of
Commissioner.- (1) No person shall, without the previous permission in
writing of the Commissioners establish in any premises, or materially alter,
enlarge or extend, any factory, workshop or trade premises in which it is
intended to employ steam, electricity, water or other mechanical power.
174 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(2) The Commissioner may refuse to give such permission, if he is of

opinion that the establishment, alteration, enlargement or extension of such
factory, workshop or trade premises, in the proposed position would be
objectionable by reasons of the density of the population in the neighbourhood
thereof, or would be a nuisance to the inhabitants of the neighbourhood.
324. Premises not to be used for certain purposes without licence.-
(1) No person shall use or permit to be used any premises for any of the
following purposes without or otherwise than in conformity with the terms of
a licence issued by the Commissioner in this behalf, namely:-
(a) any of the purposes specified in Part-I of the Schedule I;
(b) any purpose which is, in the opinion of the Commissioner
dangerous to life, health or property or is likely to create a
nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for
transportation, sale or hire or for sale of the produce thereof;
or
(d) storing any of the articles specified in Part II of the Schedule-
I except for domestic use of those articles:
Provided that the Corporation may declare that premises in which the
aggregate quantity of article stored for sale does not exceed such quantity as
may be prescribed by bye-laws in respect of any such articles shall be
exempted from the operation of clause (d).
(2) In prescribing the terms of a licence granted under this section for
the use of premises as mills or iron yards or for similar purposes, the
Commissioner may, when he thinks fit, require the licensee to provide a space
or passage within the premises for carts for loading and unloading purposes.
(3) The Corporation shall fix a scale of fees to be paid in respect of
premises licenced under sub-section (1):
Provided that no such fee shall exceed five hundred rupees.
1
[324-A. Registration of cattle and maintenance of their record.-
(1) Head of every family shall be responsible to give or cause to be given,
either orally or in writing, the details of cattle owned by his family to the
Corporation within a period of one month from the commencement of the
Himachal Pradesh Municipal Corporation (Amendment) Act, 2011, and
thereafter, every time as and when any change in the number of cattle takes
place by any reason.
(2) On receipt of the details of cattle under sub-section (1), the
Corporation shall register cattle and shall maintain records thereof in such
manner as may be notified by the Corporation:

1. Section 324-A inserted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 175

Provided that the Corporation may charge registration fee at such rate
as may be fixed by it.
(3) It shall be the duty of the Corporation to assist the officials or
persons engaged by Animal Husbandry Department for applying appropriate
identification mark on each cattle and to maintain the record of identification.
(4) If any cattle with identification mark is found stray, the owner of
the cattle shall be identified by the Corporation from the record maintained by
it and such owner shall be liable for penalty of rupees five hundred for the
first offence which shall be imposed by the Commissioner or the Officer
authorized by him in this behalf.
(5) If the Corporation fails in identifying such stray cattle due to
tempering with identification mark or mutilation thereof, it shall report the
matter to the In-charge of the nearest Animal Husbandry Department who
shall lodge the stray cattle to the nearest Goshala.]
325. Seizure of certain animals.- (1) If any horses, cattle or other
quadruped animals or birds are kept on any premises in contravention of the
provision of section 324 or are found abandoned and roaming or tethered on
any street or public place or on any land belonging to the Corporation, the
Commissioner or any officer empowered by him may seize them and may
cause them to be impounded or removed to such place as may be appointed by
the Government or the Corporation for this purpose and cost of seizure of
these animals or birds and of impounding or removing them and of feeding
and watering them shall be recoverable by sale by auction of these animals or
birds:
Provided that anyone claiming such animals or birds may, within
seven days of this seizure get them released on his paying all expense incurred
by the Commissioner in seizing, impounding or removing and in feeding and
watering such animals or birds, and on his producing a licence for keeping
these animals and birds issued under the provisions of section 324.
(2) Whenever the Commissioner is of the opinion that the user of any
premises for any of the purposes referred to in sub-section (1) of section 324
in causing a nuisance and such nuisance should be immediately stopped, the
Commissioner may order the owner or the occupier of the premises to stop
such nuisance within such time as may be specified in the order and in the
event of the failure of the owner or occupier to comply with such order, the
Commissioner may himself or by an officer subordinate to him, cause such
user to be stopped.
(3) Without prejudice to the foregoing provisions of this section any
person by whom or at whose instance any horses, cattle or other quadruped
animals or birds are so kept, abandoned or tethered, shall also be punishable
under this Act.
326. Power of the Commissioner to prevent use of premises in
particular area for purposes referred to in section 324.- (1) The
Commissioner may give public notice of his intention to declare that in any
176 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

area specified in the notice, no person shall use any premises for any of the
purposes referred to in sub-section (1) of section 324 which may be specified
in such notice.
(2) No objections to any such declaration shall be received after
period of one month from the publication of the notice.
(3) The Commissioner shall consider all objections received within
the said period giving any person affected by the notice an opportunity of
being heard and may thereupon make declaration in accordance with the
notice published under sub-section (1), with such modifications, if any, as he
may think fit.
(4) Every such declaration shall be published in the Official Gazette
and in such other manner as the Commissioner may determine, and shall take
effect from the date of its publication in the Official Gazette.
(5) No person shall, in any area specified in any declaration published
under sub-section (4), use any premises for any of the purposes referred to in
section 324 specified in the declaration and the Commissioner shall have the
power to stop the use of any such premises by such means as he considers
necessary.
327. Licences for hawking articles etc.- No person shall, without or
otherwise than in conformity with the terms of a licence granted by the
Commissioner in this behalf -
(a) hawk or expose for sale in any place any article whatsoever
whether it be for human consumption or not;
(b) use in any place his skill in any handicraft or for rendering
service to and for the convenience of the public for the
purposes of gain or making a living.
328. Eating houses etc. not to be used without licence from
Commissioner.- (1) No person shall, without or otherwise than in conformity
with the terms of a licence granted by the Commissioner in this behalf, keep
any eating house, lodging house, hotel, boarding house, tea shop, coffee
house, cafe, restaurant, refreshment room or any place where the public is
admitted for repose or for the consumption of any food or drink or any place
where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence
granted under sub-section (1) if he is of opinion that the premises covered
thereby are not kept in conformity with the conditions of such licence or with
the provisions of any bye-laws made in this behalf.
329. Licencing and control of theatre, circuses and places of
public amusement.- No person shall without or otherwise than in conformity
with the terms of licence granted by the Commissioner in this behalf, keep
open any theatre, circus, cinema house, dancing hall or other similar place of
public resort, recreation or amusement:
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 177

Provided that nothing in this section shall apply to private

performances in any such place.
330. Power of Commissioner to stop use of premises used in
contravention of licences.- If the Commissioner is of opinion that any eating
house, lodging house, hotel, boarding house, tea shop, coffee house, cafe,
restaurant, refreshment room or other place where the public is admitted for
repose or for consumption of any food or drink or where food is sold or
prepared for sale or any theatre, circus, cinema house, dancing hall or similar
other place of public resort, recreation or amusement is kept open without a
licence or otherwise than in conformity with the terms of a licence granted in
respect thereof, he may stop the use of any such premises for any such
purpose for a specified period by such means as he may consider necessary.
331. Power of Commissioner to inspect places where unlawful
slaughter of animals etc. is suspected.- (1) If the Commissioner or any
person authorised by him in this behalf has reason to believe that any animal
intended for human consumption is being slaughtered or that the flesh of any
such animal is being sold or exposed for sale, in any place or manner not duly
authorised under this Act, he may at any time by day or night without notice,
inspect such places for the purpose of satisfying himself as to whether any
provisions of this Act or any bye-law made under this Act at the time in force
is being contravened there at and may seize any such animal or the carcass of
such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise
dispose of any animal or carcass of any animal or any flesh seized under sub-
section (1).
(3) If within one month of such seizure the owner of the animal,
carcass or flesh fails to appear and prove his claim to the satisfaction of the
Commissioner or if the owner is convicted of an offence under this section in
respect of such animal, carcass or flesh, the proceeds of any sale under sub-
section (1) shall vest in the Corporation.
(4) Any person slaughtering any animal or selling or exposing for sale
the flesh of any such animal in any place or manner not duly authorised under
the provisions of this Act shall be punishable with imprisonment upto six
months and may be arrested by any police officer without a warrant.
(5) No claim shall lie against any person for compensation for any
damage necessarily caused by any entry or by the use of any force necessary
for effecting any entry under this section.
CHAPTER - XIX
IMPROVEMENTS
332. Improvement scheme.- Where the Commissioner upon
information is satisfied in respect of any area -
(a) that the buildings in that area are by reason of disrepair or
sanitary defects, unfit for human habitation or are by reason
178 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

of their bad arrangement, or the narrowness or bad

arrangement of the streets or the want of light, air, ventilation
or proper conveniences, dangerous or injurious to the health
of the inhabitants of the area; and
(b) that the most satisfactory method dealing with the conditions
in the area is the rearrangement and reconstruction of the
streets and buildings in the area in accordance with an
improvement scheme, he may frame an improvement scheme
in respect of the area in accordance with the bye-laws made in
this behalf.
333. Matters to be provided for in an improvement scheme.- (1)
An improvement scheme may provide for all or any of the following matters,
namely:-
(a) the acquisition by agreement or under the Land Acquisition
Act, 1894 (1 of 1894) of any property necessary for or
affected by the execution of the scheme;
(b) the relaying out of any land comprised in the scheme;
(c) the redistribution of sites belonging to owners of property
comprised in the scheme;
(d) the closure or demolition of building or portions of buildings
unfit for human habitation;
(e) the demolition of obstructive buildings or portions thereof;
(f) the construction and reconstruction of buildings;
(g) the construction and alteration of streets;
(h) the water supply, street lighting, drainage and other
conveniences;
(i) the provision of urban amenities and facilities such as parks,
garden, play ground;
(j) the sanitary arrangements required for the area comprised in
the scheme;
(k) the provision of accommodation for any class of the
inhabitants;
(l) the provision of facilities for communication;
(m) the sale, letting or exchange of any property comprised in the
scheme;
(n) urban forestry, protection of the environment and promotion
of ecological aspects;
(o) Urban poverty elevation;
(p) promotion of cultural, educational and aesthetic aspects;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 179

(q) cattle pounds, prevention of cruelty to animals;

(r) public amenities including street light, parking lots, bus stops
and public conveniences; and
(s) any other matter for which, in the opinion of the
Commissioner it is expedient to make provision with a view
to the improvement of the area to which the scheme relates.
(2) Where any land is designated in an improvement scheme as
subject to acquisition or is required by the scheme to be kept as an open space,
then, if at the expiration of ten years from the date of sanction of the scheme
by the Government under sub-section (2) of section 334 the land is not
acquired by the Commissioner, the owner of the land may serve on the
Commissioner, a notice requiring his interest in the land to be so acquired.
(3) If the Commissioner fails to acquire the land within a period of six
months from the receipt of the notice, the improvement scheme shall have
effect after the expiration of the said six months and if the land were not
designated as subject to acquisition by the Commissioner or were not required
to be kept as an open space.
(4) The Commissioner may prepare a scheme in the slum
improvement and up-gradation of the area as provided in the Himachal
Pradesh Slum Areas (Improvement and Clearance) Act, 1979 (19 of 1979).
334. Submission of improvement scheme to the Corporation for
approval and to the Government for sanction.- (1) Every improvement
scheme shall, as soon as may be, after it has been framed, be submitted by the
Commissioner for approval to the Corporation and the Corporation may either
approve the scheme without modifications or with such modifications as it
may consider necessary or reject the scheme with directions to the
Commissioner to have a fresh scheme framed according to such directions.
(2) No improvement scheme approved by the corporation under sub-
section (1) shall be valid unless it has been sanctioned by the Government.
335. Publication of the notice after scheme is sanctioned.- (1) After
an improvement scheme is sanctioned by the Government, the Commissioner
shall prepare a notice stating -
(a) the fact that the scheme has been sanctioned;
(b) the boundaries of the area comprised in the scheme; and
(c) the place at which particulars of the scheme, a map of the area
comprised in the scheme, and a statement of the land which it
is proposed to acquire may be seen.
(2) The Commissioner shall cause the aforesaid notice to be published
in the Official Gazette and also in the manner specified in section 364.
336. Rehousing scheme.- The Commissioner, while framing the
improvement scheme under this chapter for any area may also frame a
scheme, (hereinafter in this Act referred to as the rehousing scheme,) for the
180 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

construction, maintenance and management of such and so many buildings as

he may consider necessary for providing accommodation for persons who are
likely to be displaced by the execution of the improvement scheme.
337. Improvement scheme and rehousing scheme to comply with
master plan and zonal development plan.- No improvement scheme or
rehousing scheme framed under this chapter after development plan for the
municipal area or a zonal development plan for any part thereof has been
prepared in accordance with law shall be valid unless such scheme is in
conformity with the provisions of the development plan or the zonal
development plan.
338. Provisions of housing accommodation for the economically
weaker sections.- If the corporation, upon consideration of report from the
commissioner or any other information is satisfied that is expedient to provide
housing accommodation for the economically weaker sections in any area and
that such accommodation can be provided without making an improvement
scheme the construction shall cause that area to be defined on a plan and pass
a resolution authorising the Commissioner to provide such accommodation -
(a) by the erection of buildings or by attachment of land
belonging to the Corporation or of land acquired by the
corporation for the purpose;
(b) by the conversion of any buildings belonging to the
corporation into dwellings for the economically weaker
sections.
CHAPTER-XX
REGULATION OF FELLING AND PLANTING TREES
339. Prohibiting, felling, cutting, damaging, destroying any tree in
any urban area.- No person shall cut, damage, destroy, fell or remove any
tree of the prescribed class, whether included in a private holding or not,
within the jurisdiction of the Municipal Corporation, except with prior
permission obtained from the State Government under the provisions made in
this Chapter or any rules made thereunder.
Explanation.- For the purpose of this section the expression “damage”
in relation to a tree shall include,-
(a) girdling, drilling of holes, boring and use of poisonous
substance;
(b) cutting and exposure of roots or making a tree dangerous;
(c) setting fire to a tree or its branches;
(d) debarking or stripping of the bark;
(e) extraction of resin and gum;
(f) lopping of branches;
(g) extraction and removal of torchwood;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 181

(h) damage to trees by throwing debris or stones;

but such damage shall not include the damage which is caused,-
(1) by the bonafide exercise of the rights of the right holders of the
area;
(2) by lopping of branches of trees which are grown mainly for
fodder, horticultural or ornamental purposes.
340. Constitution of Tree Authority.- (1) The State Government
shall by notification, constitute the Tree Authority consisting of the
following:-
(i) the Mayor of the Municipal Corporation;
(ii) the Commissioner;
(iii) the Divisional Forest Officer having jurisdiction over the city;
(iv) the District Horticulture Officer having jurisdiction over the
city; and
(v) one Councillor to be nominated by the Mayor.
(2) The Mayor shall be the Chairman of the Tree Authority.
341. Meeting of Tree Authority.- (1) The Tree Authority shall meet
at least once in two months at such place and time as the chairman may
decide.
(2) The quorum to constitute a meeting of the Tree Authority shall be
one half of the total number of its members.
342. Duties of Tree Authority.- Notwithstanding anything in the
Act, the Tree Authority shall subject to any general or special order of the
state Government be responsible for-
(a) the preservation of all trees within its jurisdiction;
(b) obtaining declaration from all owners or occupants about the
number of trees in their lands;
(c) specifying the standards regarding the number and kind of
trees in each locality, type of land and premises shall have;
(d) assisting private and public institutions connected with
planting and preservation of trees; and
(e) undertaking such schemes or measures as may be directed
from time to time for achieving the objectives of these
provisions.
343. Appointment of Tree Officer.- The State Government shall
appoint one or more Forest Officers not below the rank of an Assistant
Conservator of Forests as Tree Officer for the territorial limits of a Municipal
Corporation. Every Tree Officer shall exercise jurisdiction over the whole or
182 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

such part of the areas of the Municipal Corporation as the State Government
may from time to time determine.
344. Application for permission for cutting/felling or removal of a
tree.- (1) Any person intending to cut, fell or remove a tree within the
territorial jurisdiction of the corporation shall make an application to the Tree
Officer, in such form and containing such particulars and accompanied by
such documents as may be prescribed.
(2) Such application shall be accompanied by such fee as may be
prescribed.
345. Permission for felling of tree.- (1) On receipt of application
from any person to fell any standing tree or to cut, lop, remove or otherwise
dispose of a fallen tree, the Tree Authority shall, after making such inquiry as
it may think fit, and with prior approval of the Government either permit in
whole or in part or refuse the permission applied for:
Provided that no such permission shall be refused if the tree -
(i) is dead, diseased or wind-fallen; or
(ii) constitute a danger to life or property; or
(iii) is substantially damaged or destroyed by fire, lightning, rain
or other natural causes.
(2) Where permission to fell a standing tree or to cut, remove or
otherwise dispose of a fallen tree is granted, the Tree Authority may impose
condition that the applicant shall plant another tree or trees of the same or
other suitable species preferably on the same site within sixty days of the date
on which the tree is felled or within such extended time as the Tree Authority
may allow.
(3) The permission granted under this section shall be valid for a
period of 180 days from the date on which the sanction is conveyed to the
applicant. If the applicant fails to cut, fell, lop or remove the tree permitted to
be cut, felled, lopped, or removed within the aforesaid period of 180 days, the
permission granted shall lapse, unless the applicant obtains from the
Commissioner an extension of time on an application for extension and
payment of prescribed fee.
346. Planting of adequate number of trees.- (1) If in the opinion of
the Tree Officer the number of trees in any land is not adequate according to
the standards prescribed under clause (c) of section 342, the Tree Officer may,
by order, after giving a reasonable opportunity to the owner or occupier of the
land of being heard, require him to plant such trees or additional trees and at
such places in the land as may be specified in the order.
(2) When an order is made under sub-section (1) the owner or
occupier of the land shall comply with such order within thirty days from the
receipt thereof or such extended time as the Tree Officer may allow.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 183

347. Planting in place of fallen/destroyed trees.- (1) When any tree

is fallen or destroyed by wind, fire, lighting, rain or such other natural causes
the Tree Officer may suo-motu or on information given to him after holding
such enquiry as he deems fit, by order require such owner or occupier to plant
a tree or trees in place of the tree so fallen or destroyed as may be specified in
the order.
(2) When an order is made under sub-section (1) the owner or
occupier of the land shall comply with such order within thirty days from the
receipt thereof or such extended time as the Tree Officer may allow.
348. Responsibilities for preservation of trees.- When an order is
made by the Tree Officer under section 345, section 346 and section 347
subject to the provisions of section 349, it shall be the duty of owner or
occupier of the land which is directed to plant a tree to see that the tree grows
properly and is well preserved. It shall also be the duty of such owner or
occupier to preserve all other trees existing on the land at the time of
commencement of this Act within the area in which the land is situated.
349. The recovery of expenditure on failure to comply with orders
for planting of trees.- Where the owner or occupier of the land fails to
comply with any orders made by the Tree Officer under section 346 or section
347 or section 348, the Tree Officer may after giving a reasonable opportunity
to such owner or occupier of being heard and without prejudice to any other
action which may be taken against the defaulter under these provisions take
the necessary action himself and recover the expenditure incurred therefrom,
from the owner or the occupier, as the case may be.
350. Appeals.- (1) When any decision is given or order is made under
section 346, section 347 or section 348 by the Tree Officer an appeal shall lie
to the Tree Authority.
(2) The appeal shall be made within thirty days from the date the
decision is communicated to or the order is received by the owner or occupier
of the land.
(3) The Tree Authority shall, as far as possible, decide the appeal
within ninety days from the date of its receipt after giving a reasonable
opportunity to the appellant of being heard.
(4) The decision of the Tree Authority shall be final and shall not be
questioned in any court of law.
351. Seizure.- When the Tree Officer has reason to believe that an
offence under the provisions of this Chapter has been committed in respect of
any tree he may seize the tools, ropes, chains, boats, vehicles or animals used
for the commission of the said offence along with tree or part thereof which
has been severed from the ground or the trunk, as the case may be.
352. Penalty.- Whoever falls or abets the falling of any tree or causes
any tree to be felled in contravention of the provisions of this Chapter or any
rules made thereunder without any reasonable excuse, fails to comply with
any order issued or conditions imposed by the Tree Officer or any other
184 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

officer subordinate to him in the discharge of their functions under the

provisions of this Chapter shall on conviction be punished with imprisonment
which may extend to 1[two years] or with fine 2[of ten thousand rupees] or
with both.
Explanation.- For the purposes of this section a breach of the
provisions of this Chapter or abetment of breach thereof in respect of cutting
or destroying each tree shall be a separate offence.
353. Compounding of offences.- No offence or breach of the
provisions of this Chapter shall be compounded by any authority empowered
to compound without providing for forfeiture of the tree fuel, or timber along
with articles seized under section 351 in favour of the concerned Municipal
Corporation.
354. Operation of other laws not barred.- Nothing in this Chapter
shall be deemed to prevent any person from being prosecuted under any other
law for any act or omission which constituted an offence under these
provisions or from being liable under such other law to higher punishment or
penalty than that provided by these provisions or the rules made thereunder.
355. Power to make rules.- The State Government may by
notification make rules to carry out the purposes of the provisions of this
Chapter.
CHAPTER-XXI
POWERS, PROCEDURE, OFFENCES AND PENALTIES
356. Signature, conditions, duration, suspension, revocation, etc.
of licences and written permissions.- (1) Whenever it is provided in this Act
or any bye-law made thereunder that a licence or written permission may be
granted for any purpose, such licence or written permission shall be signed by
the Commissioner or by the officer empowered to grant the same under this
(Act) or the bye-laws made thereunder or by any Corporation Officer
authorised by the Commissioner and shall specify, in addition to any other
matter required to be specified under any other provision of this Act or any
provision of any bye-law made thereunder-
(a) the date of the grant thereof;
(b) the purpose and the period, if any, for which it is granted;
(c) restrictions or conditions, if any, subject to which it is granted;
(d) the name and address of the person to whom it is granted; and
(e) the fee, if any, paid for the licence or written permission.

1. Substituted for the words “three months” vide H.P. Act No. 29 of 2005.
2. The words “five thousand” substituted for the words “five hundred” vide H.P.
Act No. 29 of 2005 and again substituted for the words “which may extend to
five thousand rupees” vide H.P. Act No. 13 of 2016.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 185

(2) Except as otherwise provided in this Act or any bye-law made

thereunder, for every such licence or written permission a fee may be charged
at such rate as may from time to time be fixed by the Commissioner with the
sanction of the Corporation and such fee shall be payable by the person to
whom the licence or written permission is granted.
(3) Save as otherwise provided in this Act or any by-law made
thereunder any licence or written permission granted under this Act or any
bye-law made thereunder may at any time be suspended or revoked by the
Commissioner or by the officer by whom it was granted, if he is satisfied that
it has been secured by the grantee through misrepresentation or fraud or if any
of its restrictions or conditions has been infringed or evaded by the grantee, or
if the grantee has been convicted for the contravention of any of the
provisions of this Act or any bye-law made thereunder relating to any matter
for which the licence or permission has been granted:
Provided that-
(a) before making any order of suspension or revocation,
reasonable opportunity should be afforded to the grantee of
the licence or the written permission to show cause why it
should not be suspended or revoked;
(b) every such order shall contain a brief statement of the reasons
for the suspension or revocation of the licence or the written
permission.
(4) When any such licence or written permission is suspended or
revoked or when the period for which the same was granted has expired, the
grantee shall, for all purposes of this Act or any bye-law made thereunder, be
deemed to be without a licence or written permission until such time as the
order suspending or revoking the licence or written permission is rescinded or
until the licence or written permission is renewed.
(5) Every grantee of any licence or written permission granted under
this Act shall at all reasonable times, while such licence or written permission
remains in force if so required by the Commissioner or the authority by whom
it was granted, produce such licence or written permission.
357. Power of entry and inspection.- The Commissioner or any
Corporation officer or other Corporation employee authorised by him in this
behalf or empowered in this behalf by or under any provision of this Act may
enter into or upon any land or building with or without assistants and
workmen-
(a) for the purposes of ascertaining whether there is or has been
on or in connection with the land or building any
contravention of the provisions of this Act or any bye-law
made thereunder;
(b) for the purposes of ascertaining whether or not circumstances
exist which would authorise or require the Commissioner, or
any Corporation officer or employee authorised or
186 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

empowered in this behalf to take any action or execute any

work under this Act or any bye-law made thereunder;
(c) for the purposes of taking any action or executing any work
authorised or required by this Act or any bye-law made
thereunder;
(d) to make any inquiry, inspection, examination, measurement,
valuation or survey authorised or required by or under this
Act or necessary for the proper administration of this Act;
(e) generally for the purpose of efficient discharge of the
functions by any of the municipal authorities under this Act
or any bye-law made thereunder.
358. Power to enter land, adjoining land in relation to any work.-
(1) The Commissioner, or any person authorised by him in this behalf or
empowered in this behalf by or under any provision of this Act, may enter on
any land within thirty five metres of any work authorised by or under this Act
with or without assistants and workmen for the purpose of depositing thereon
any soil, gravel, stone or other materials or for obtaining access to such work
or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land
state the purpose thereof and shall, if so required by the owner or occupier
thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred
by this section, do as little damage as may be, and compensation shall be
payable by the Corporation in accordance with bye-laws made in this behalf
to the owner or occupier of land or to both for any such damage, whether
permanent or temporary.
359. Breaking into building.- (1) It shall be lawful for the
Commissioner, or any person authorised by him in this behalf or empowered
in this behalf by or, under any provision of this Act to make any entry into any
place, and to open or cause to be opened any door, gate or other barrier:-
(a) if he considers the opening thereof necessary for the purpose
of such entry; and
(b) if the owner or occupier is absent or being present, refuses to
open such door, gate or barrier.
(2) Before making any entry into any such place or opening or
causing to be opened any such door, gate or other barrier the Commissioner,
or the person authorised or empowered in this behalf, shall call upon two or
more respectable inhabitants of the locality in which the place to be entered
into is situate, to witness the entry or opening and may issue an order in
writing to them or any of them so to do.
(3) A report shall be made to the Corporation as soon as may be after
any entry has been made into any place or any door, gate or other barrier has
been opened under this section.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 187

360. Time of making entry.- Save as otherwise provided in this Act

or any bye-law made thereunder no entry authorised by or under this Act shall
be made except between the hours of sunrise and sunset.
361. Consent ordinarily to be obtained.- Save as otherwise provided
in this Act or any bye-law made thereunder, no land or building shall be
entered into without the consent of the occupier, or if there is no occupier, of
the owner thereof and no such entry shall be made without giving the said
owner or occupier, as the case may be, not less than twenty four hours written
notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be
inspected is a factory, workshop or trade premises or a place used for any of
the purposes specified in section 324 or a stable for horses or a shed for cattle
or a latrine or urinal or a work under construction or for the purpose of
ascertaining whether any animal intended for human food is slaughtered in
that place in contravention of this Bill or any bye-law made thereunder.
362. Regard to be had to social or religious usages.- When any
place used as a human dwelling is entered under this Act, due regard shall be
paid to the social and religious customs and usages of the occupants of the
place entered and no apartment in the actual occupancy of a female, shall be
entered or broken open until she has been informed that she is at liberty to
withdraw and every reasonable facility has been afforded to her for
withdrawing.
363. Prohibition of obstruction or molestration in execution of
work.- No person shall obstruct or molest any person authorised or
empowered by or under this Act or any person with whom the Corporation or
the Commissioner has lawfully contracted, in the execution of his duty or of
anything which he is authorised or empowered or required to do by virtue or
in consequence of any of the provisions of this Act or any bye-law made
thereunder, or in fulfilment of his contract, as the case may be.
364. Public notices how to be made known.- Every public notice
given under this Act or any bye-law made thereunder, shall be in writing
under the signature of the Commissioner or of any Corporation Officer
authorised by him in this behalf and shall be widely made known in the
locality to be affected thereby, by affixing copies thereof in conspicuous
public places within the said locality or by publishing the same or by beat of
drum or by advertisement in local newspaper or by any two or more of these
means and by any other means that the appropriate municipal authority may
think fit.
365. Newspaper in which advertisement of notices to be
published.- Whenever it is provided by this Act or any bye-law made
thereunder that notice shall be given by advertisement in local newspaper or
that a notification or information shall be published in local newspapers, such
notice, notification or information shall be inserted if practicable in at least
two newspapers in such languages as the Corporation may from time to time
specify in this behalf:
188 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Provided that if the Corporation publishes a municipal journal a

publication in that journal shall be deemed to be a publication in a newspaper
of the language in which the said journal may be published.
366. Proof of consent, etc. of Commissioner etc.- Whenever under
this Act or any rule, regulation or bye-law made thereunder the doing of or the
omission to do anything or the validity of anything depends upon the
approval, sanction, consent, concurrence, declaration, opinion or satisfaction
of the Commissioner or of any Corporation Officer a written document signed
by the Commissioner or officer purporting to convey or set forth, such
approval, sanction, consent, concurrence, declaration, opinion or satisfaction,
shall be sufficient evidence thereof.
367. Notices, etc. to fix reasonable time.- Where any notice, bill,
order or requisition issued or made under this Act or any rule, regulation or
bye-law made thereunder requires anything to be done for the doing of which
no time is fixed in this Act or the rule, regulation or bye-law, the notice, bill,
order or requisition shall specify a reasonable time for doing the same.
368. Signature on notices etc. may be stamped.- (1) Every licence,
written permission, notice, bill, summons or other document which is required
by this Act or any rule, regulation or bye-law made thereunder to bear the
signature of the Commissioner or of any Corporation Officer, shall be deemed
to be properly signed if it bears a facsimile of the signature of the
Commissioner or officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque
drawn upon the Corporation Fund under section 71 and such classes of
documents as may be prescribed.
369. Notice etc. by whom to be served or issued.- All notices, bills,
summons and other documents required by this Act or any rule, regulation or
bye-laws made thereunder to be served upon or issued to any person shall be
served or issued by municipal officers or other Corporation employee or by
other persons authorised by the Commissioner.
370. Service of notices, etc.- (1) Every notice, bill, summons, order,
requisition or other document required or authorised by this Act or any rule,
regulation or bye-law made thereunder to be served or issued by or on behalf
of the Corporation or by the Commissioner or any Corporation Officer on any
person shall save as otherwise provided in this Act or such rule, regulation or
bye-law, be deemed to be duly served -
(a) where the person to be served is a company, if the document
is addressed to a Director or the Secretary of the Company at
its registered office or at its principal office or place of
business and is either -
(i) sent by registered post; or
(ii) delivered at the registered office or at the principal office
or place of business of the company;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 189

(b) where the person to be served is a partnership firm, if the

document is addressed to the partnership firm at its principal
place of business, identifying it by the name or style under
which its business is carried on and is either -
(i) sent by registered post; or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body, or a
corporation, a society or other body if the document is
addressed to the Secretary, treasurer or other head officer of
that body, Corporation or a society at its principal office, and
is either -
(i) sent by registered post; or
(ii) delivered at that office;
(d) in any other case, if the document is addressed to the person
to be served and -
(i) is given or tendered to him; or
(ii) if such person cannot be found; is affixed on some
conspicuous part of his last known place of residence or
business, if within the municipal area, or is given or
tendered to some adult member of his family or is
affixed on some conspicuous part of the land or
building; if any, to which it relates; or
(iii) is sent by registered post to that person.
(2) Any document which is required or authorised to be served on the
owner or occupier or any land or building may be addressed “the owner” or
“the occupier” as the case may be, of that land or building (naming that land
or building) without further name or description and, shall be deemed to be
duly served-
(a) if the document so addressed is sent or delivered in
accordance with clause (d) of sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed,
is delivered to some person on the land or building to whom it
can be delivered, is affixed to some conspicuous part of the
land or building.
(3) Where a document is served on a partnership firm in accordance
with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the
owner of any premises, the Commissioner may by notice in writing require
the occupier of the premises to state the name and address of the owner
thereof.
190 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(5) Where the person on whom a document is to be served is a minor,

the service upon his guardian or any adult member of his family shall be
deemed to be service upon the minor.
(6) Nothing in section 368 and section 369 and in this section shall
apply to any summons issued under this Act by a Court.
(7) A servant is not a member of the family within the meaning of this
section.
371. Power in case of non-compliance with notice, etc.- In the event
of a non-compliance with the terms of any notice, order or requisition issued
to any person under this Act or any rule, regulation or bye-laws made
thereunder, requiring such person to execute any work or to do any act, it shall
be lawful for the authority or officer at whose instance the notice, order or
requisition has been issued, whether or not the person in default is liable to
punishment for such default or has been prosecuted or sentenced to any
punishment therefor, after giving notice in writing to such person, to take such
action or such steps as may be necessary for the completion of the act or the
work required to be done or executed by such person and all the expenses
incurred on such account shall be payable to the Commissioner on demand
and if not paid within ten days after such demand, shall be recoverable as an
arrear of tax under this Act.
372. Liability of occupier to pay in default of owner.- (1) If any
notice, order or requisition has been issued to any person in respect of
property of which he is the owner, the authority or officer at whose instance
such notice, order or requisition has been issued may require the occupier of
such property or any part thereof to pay to him, instead of to the owner, any
rent payable by him in respect of such property as it falls due up to the amount
recoverable from the owner under section 371:
Provided that if the occupier refuses to disclose the correct amount of
the rent payable by him or the name or address of the person to whom it is
payable, the authority or officer may recover from the occupier the whole
amount recoverable under section 371 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner
under sub-section (1), shall in the absence of any contract between the owner
and the occupier to the contrary, be deemed to have been paid by the owner.
373. Execution of work by occupier in default of owner and
deduction of expenses from rent.- Whenever the owner of any land or
building fails to execute any work which he is required to execute under this
Act or any bye-law made thereunder, the occupier if any, of such land or
building may, with the approval of the Commissioner, execute the said work
and he shall, subject to any contract between the owner and occupier to the
contrary, be entitled to recover from the owner the reasonable expenses
incurred by him in the execution of the work and may deduct the amount
thereof from the rent payable by him to the owner.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 191

374. Relief to agents and trustees.- (1) Where any person, by reason
of his receiving rent of immovable property as a receiver, agent or trustee
would be bound to discharge any obligation imposed by this Act, or any rule,
bye-law, regulation or order made under it for the discharge the obligation
unless he has, or but for his own improper act or default might have had,
funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any act entitling a receiver, agent or trustee
to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established
his right to relief under this section, the Commissioner may, by notice in
writing, require him, to apply to the discharge of his obligation as aforesaid,
the first moneys which may come to his hands on behalf, or for the use of the
owner, and on failure to comply with the notice, he shall be deemed to be
personally liable to discharge the obligation.
375. General power to pay compensation.- In any case not
otherwise provided for in this Act or in any bye-law made thereunder, the
Commissioner, with the previous approval of the Corporation, may pay
compensation to any person who sustains damage by reasons of the exercise
of any of the power vested by this Act or any bye-law in the Commissioner or
in any Corporation officer or other Corporation employee.
376. Compensation to be paid by offenders for damage caused by
them.- (1) Any person who has been convicted of an offence against this Act
or any bye-law made thereunder shall, notwithstanding any punishment to
which he may have been sentenced for the said offence, be liable to pay such
compensation for any damage to the property of the Corporation resulting
from the said offence as the appropriate municipal authority may consider
reasonable.
(2) In the event of a dispute regarding the amount of compensation,
payable under sub-section (1) such amount shall, on application made to him
be determined by the magistrate before whom the said person was convicted
of the said offence; and on non-payment of the amount of compensation so
determined, the same shall be recovered under a warrant from the said
magistrate as if it were a fine imposed by him on the person liable therefor.
377. Mode of recovery of certain dues.- In any case not expressly
provided for in this Act or any bye-law made thereunder any sum due to the
Corporation on account of any charges, costs, expenses, fees, rates or rent for
on any other account under the Act or any such bye-law may be recoverable
from any person from whom such sum is due as arrears of tax under this Act:
Provided that no proceedings for the recovery of any sum under this
section, shall be commenced after the expiry of three years from the date on
which such sum becomes due.
378. Right of owner to apply to court of the District Judge in case
of obstruction by occupier.- (1) The owner of any land or building may if he
is prevented by the occupier thereof from complying with any provision of
192 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

this Act or any bye-law made thereunder or with any notice, order or
requisition issued under such provision, apply to the court of the District
Judge, and where such application is made within any time that may be fixed
for the compliance with such provision or notice, order or requisition, the
owner shall not be liable for his failure to comply with the provision or notice,
order or requisition within the time so fixed.
(2) The court on receipt of such application may make a written order
requiring the occupier of the land or building to afford all reasonable facilities
to the owner for complying with the said provision, or notice, order or
requisition and may also, if it thinks fit direct that the costs of such application
and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-
section (2), the occupier shall afford all such reasonable facilities to the owner
for the purpose aforesaid as may be specified in the order and in the event of
his continued refusal to do so, the owner shall be discharged during the
continuance of such refusal from any liability which may have been otherwise
incurred by reasons of his failure to comply with the said provisions or notice,
order or requisition.
379. General powers and procedure of the court of District
Judge.- The procedure provided in the Code of Civil Procedure, 1908 (5 of
1908), in regard to suits shall be followed in the disposal of application,
appeals or references that may be made to the court of the District Judge
under this Act or any bye-law made thereunder.
380. Fees in proceeding before court of the District Judge.- (1) The
Government may, by notification in the Official Gazette, prescribe what fee
shall be paid-
(a) on any application, appeal or reference under this Act or any
bye-law made thereunder to the court of the District Judge;
and
(b) for the issue, in connection with any inquiry or proceedings
before that court under this Act or bye-law, of any summons
or other process:
Provided that the fee, if any prescribed under clause (a) shall not in
cases in which the value of the claim or subject matter is capable of being
estimated in money, exceed the fees liable for the time being under the
provisions of the Himachal Pradesh Court Fees Act, 1968 (8 of 1968), in cases
in which the amount of the claim or subject matter is of a like amount.
(2) The Government may, by like notification, determine the person
by whom the fee, if any, prescribed under clause (a) of sub-section (1) shall be
payable.
(3) No application, appeal or reference shall be received by the court
of the District Judge until the fee, if any, prescribed therefor under clause (a)
of sub-section (1) has been paid:
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 193

Provided that the court may in any case in which it thinks fit so to do -
(i) receive an application, appeal or reference made by or on
behalf of a poor person; and
(ii) issue process on behalf of any such person, without payment
or on part payment of the fees prescribed under this section.
381. Repayment of half fees on settlement before hearing.-
Whenever an application, appeal or reference made under this Act or any bye-
law made thereunder to the court of the District Judge, is settled by agreement
between the parties before the hearing, half the amount of all fees paid up to
that time, shall be repaid by the court to parties by whom the same have
respectively been paid.
382. Power of the court of District Judge to delegate certain
powers and to make rules.- The Court of the District judge may -
(a) delegate, either generally or specially, to the court of an
additional district Judge, power to receive applications and
reference under this Act or any rule, regulation or bye-laws
made thereunder, and to hear and determine such application
and references; and
(b) with the approval of the Government, make rules not
inconsistent with this Act or any rule, regulation or bye-law
made thereunder, providing for any matter connected with the
exercise to the jurisdiction conferred upon the court by this
Act which is not herein specifically provided for.
383. Punishment for certain offences.- Whoever -
(a) contravenes any provision of any of the sections, sub-
sections, clauses, provisos or other provisions of this Act,
mentioned in the first column of the table in the Second
Schedule; or
(b) fails to comply with any order lawfully given to him or any
requisition lawfully made upon him under any of the said
sections, sub-sections, clauses, provisos or other provisions
shall be punishable -
(i) with fine which may extend to the amount, specified in
the third column of the said Table; and
(ii) in the case of a continuing contravention or failure; with
an additional fine which may extend to the amount
specified in the fourth column of that Table for every day
during which such contravention or failure continues after
conviction for the first such contravention or failure.
384. General.- Whoever, in any case in which a penalty is not
expressly provided by this Act, fails to comply with any notice, order or
requisition issued under any provision thereof, or otherwise contravenes any
194 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

of the provisions of this Act, shall be punishable with fine 1[of five thousand
rupees, and in case of a continuing failure or contravention with an additional
fine of five hundred rupees] for every day after the first, during which he has
persisted in the failure or contravention.
385. Offences by Companies.- (1) Where an offence under this Act
has been committed by a company, every person who, at the time the offence
was committed, was incharge of and was responsible to the Company for the
conduct of the business of the company, as well as the company shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, Secretary or other
officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.- For the purposes of this section -
(a) “Company” means a body corporate, and includes a firm or
other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
386. Police establishments.- (1) Every Corporation shall, unless
relieved of this obligation by the Government, maintain sufficient police
establishment for its police requirements within the municipal area and for the
performance of the duties imposed on it by the Act.
(2) The establishment maintained under sub-section (1) shall consist
of part of the general police force under the Government within the meaning
of section 2 of the Police Act, 1861 (5 of 1861) and, shall consist of such
number of officers and men who shall respectively receive such pay, leave,
allowances, gratuities and pensions as the Corporation may from time to time
after consultation with the Director General of Police, and subject to the final
decision of the Government, direct.
387. Arrest of offenders.- (1) Any police officer may arrest any
person who commits in his view any offence against this Act or against any
rule, regulation or bye-law made thereunder if -

1. Substituted for the words and sign “which may extend to five hundred rupees,
and in the case of a continuing failure or contravention with an additional fine
which may extend to fifty rupees” vide H.P. Act No. 13 of 2016.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 195

(a) the name and address of such person be unknown to him; and
(b) such person on demand declines to give his name and address
or gives a name and address which such officer has reason to
believe to be false.
(2) No person so arrested shall be detained in custody after his true
name and address are ascertained or, without the order of the nearest
Magistrate, for a period longer than twenty-four hours from the time of arrest
exclusive of the time necessary for the journey from the place of arrest to the
court of such magistrate.
(3) It shall be the duty of all police officers to give immediate
information to the Commissioner or any other appropriate Corporation
Officer, of the commission of, the attempt to commit any offence against this
Act or any rule, regulation or bye-law made thereunder and to assist all
Corporation Officers and other Corporation employees in the exercise of their
lawful authority.
388. Power to institute legal proceedings etc. and obtain legal
advice.- The Commissioner may-
(a) take, or withdraw from, proceedings against any person who
is charged with-
(i) any offence against this Act or any rule, regulation or
bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any
property or interest of the Corporation or the due
administration of this Act; or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or
assessment of any tax or rate;
(c) take, or withdraw from or compromise, proceedings under
section 376 for the recovery of expenses or compensation
claimed to be due to the Corporation;
(d) withdraw or compromise any claim for a sum not exceeding
one thousand rupees against any person;
(e) defend any suit or other legal proceeding brought against the
Corporation or against the Commissioner or a Corporation
Officer or other Corporation employee in respect of anything
done or omitted to be done by any one of them in his official
capacity;
(f) with the approval of the Corporation, admit or compromise
any claim, suit or other legal proceeding brought against the
Corporation or against the Commissioner or any Corporation
Officer or other Corporation employee in respect of anything
done or omitted to be done as aforesaid;
196 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(g) withdraw or compromise any claim against any person in

respect of a penalty payable under contract entered into with
such person by the Commissioner on behalf of the
Corporation;
(h) obtain such legal advice and assistance as from time to time
he thinks necessary or expedient to obtain or as he may be
required by the Corporation to obtain for any of the purposes
mentioned in the foregoing clauses or for securing lawful
exercise of discharge of any power or duty vesting in or
imposed upon any municipal authority or any corporation
officer or other Corporation employee.
389. Prosecution.- Save as otherwise provided in this Act, no court
shall try an offence made punishable by or under this Act or any rule or any
bye-law made thereunder, except on the complaint of, or upon information
received from the commissioner, or any other officer of the Corporation
authorised by it in this behalf.
390. Composition of offences.- (1) The Commissioner or any other
officer of the Corporation authorised by it in this behalf by a general or
special order or a sub-committee of the Corporation appointed by it may,
either before or after the institution of the proceedings, compound any offence
made punishable by or under this Act, or any rule or any bye-law made
thereunder.
(2) Where an offence has been compounded, the offender, if in
custody, shall be discharged and no further proceeding shall be taken against
him in respect of the offence so compounded.
391. Protection or action of the Corporation etc.- No suit or
prosecution shall be entertained in any court against any Corporation Officer
or other Corporation employee or against any person acting under the order or
direction of the Corporation, the Commissioner or any Corporation Officer or
other Corporation employee, for anything which is in good faith done or
intended to be done, under this Act or any rule regulation or bye-law made
thereunder.
392. Notice to be given of suits.- (1) No suit shall be instituted
against the Corporation or against the Commissioner or against any
Corporation Officer or other Corporation employee or against any person
acting under the order or direction of the Corporation or the Commissioner or
any Corporation Officer or other Corporation employee, in respect of any act
done, or purporting to have been done, in pursuance of this Act or any rule,
regulation or bye-law made thereunder, until the expiration of two months
after notice in writing has been left at the Corporation office and, in the case
of such employee or person unless notice in writing has also been delivered to
him or left at his office or place of residence, and unless such notice states
explicitly the cause of action, the nature of the relief sought, the amount of
compensation claimed and the name and place of residence of intending
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 197

plaintiff, and unless the plaint contains a statement that such notice has been
so left or delivered.
(2) No suit, such as is described in sub section (1) shall, unless it is a
suit for the recovery of immovable property or for a declaration of title thereto
be instituted after the expiry of six months from the date on which the cause
of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in
which the only relief claimed is an injunction of which the object would be
defeated by giving of the notice or the postponement of the institution of the
suit.
CHAPTER-XXII
RULES, REGULATIONS AND BYE-LAWS
393. Supplemental provisions respecting rules.- (1) Any rule which
the Government is empowered to make under this Act may provide that any
contravention thereof shall be punishable with fine which may extend to one
thousand rupees.
(2) Every rule made under this Act shall be laid as soon as may be
after it is made, before the House of the State Legislature while it is in session
for a total period of ten days which may be comprised in one session or in two
or more successive sessions, and if before the expiry of the session in which it
is so laid or the successive sessions aforesaid, the House agrees to making any
modification in the rule or the House agrees that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be, however, any such modification or annulment shall
be without prejudice to the validity of anything previously done or omitted to
be done under that rule.
394. Supplemental provisions respecting regulations.- (1) Any
regulation which the Corporation under this Act, may make with the approval
of Government, may be altered, or rescinded by the Corporation with the
approval of the Government in the exercise of its powers under this Act.
(2) Any regulation made under this section may provide that
contravention thereof shall be punishable with fine which may extend to five
hundred rupees.
(3) No regulation made by the Corporation under this Act shall have
effect until it has been published in the Official Gazette by the Government.
395. Powers to make bye-laws.- Subject to the provisions of this
Act, the Corporation may in addition to any bye-laws which it is empowered
to make under any other provisions of this Act make bye-laws to provide for
all or any of the following matters, namely:-
A. Bye-laws relating to taxation.-
198 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(1) the maintenance of tax books and registers by the

Commissioner and the particulars which such books
and registers should contain;
(2) the inspection of and the obtaining of copies and
extracts from such books and registers and fees, if any,
to be charged for the same;
(3) the publication of rates, of taxes as determined by the
Government from time to time;
(4) the requisition by the Commissioner of information and
returns from persons liable to pay taxes;
(5) the notice to be given to the Commissioner by any
person who becomes the owner or possessor or of a
vehicle or animal in respect of which any tax is payable
under this Act;
(6) the wearing of badge by the driver of any such vehicle
and the display of number plate on such vehicle;
(7) the submission of returns by the persons liable to pay
any tax under this Act; and
(8) any other matter relating to the levy, assessment,
collection refund or remission of taxes under this Act.
B. Bye-laws relating to water supply, drainage and sewage
disposal.-
(1) the power of the Commissioner to close water works
for the supply of water, whether for domestic
purposes or not, or for gratuitous use and to prohibit
the same and use of water for the purpose of business;
(2) the connection of supply pipes for conveying to any
premises a supply of water from municipal water
works;
(3) the making and renewing connections with municipal
water works;
(4) the power of the Commissioner to take charge of
private connection;
(5) the power of the Commissioner to alter the position
of connection;
(6) the equitable distribution of water supplied to
occupiers;
(7) the size, material, quality, description and position of
the pipes and fittings to be used for the purpose of
any connection with or any communication from any
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 199

municipal water works and the stamping of pipes and

fittings and fees for such stamping;
(8) the size, material, quality and description of pipes,
cisterns and fittings which are found on an
examination under the provisions of this Act to be so
defective that they cannot be effectively repaired;
(9) the provision and maintenance of meters when water
is supplied by measurement;
(10) the prohibition of fraudulent and un-authorised use of
water and the prohibition of fraud in connection with
meters;
(11) the maintenance of pipes, cisterns and other water
works;
(12) the regulation or prohibition of the discharge or
deposit of offensive or obstructive matter, polluted
water or other polluted and obnoxious matter into
sewers;
(13) the regulation in any manner not specifically
provided for in this Act of the construction, alteration,
maintenance, preservation, cleaning and repairs of
drains, ventilation, shafts, pipes, latrines, urinals,
cesspools and other drainage works;
(14) the cleansing of drains;
(15) the prohibition of erection of buildings over drains
without the permission of the Commissioner;
(16) the connection of private drains with municipal
drains;
(17) the location and construction of cesspools;
(18) the covering and ventilation of cesspools;
(19) the period or periods of the day during which trade
effluent may be discharged from any trade premises
into municipal drains;
(20) the exclusion from trade effluent of all condensing
water;
(21) the elimination from trade effluent, before it enters a
municipal drain, of any constituent which in the
opinion of the Corporation would, either alone or in
combination with any matter with which it is likely to
come into contact while passing through municipal
drains, injure or obstruct those drains or make
200 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

specially difficult or expensive the treatment or

disposal of the sewage from those drains;
(22) the maximum quantity of trade effluent which may,
without any consent or permission, be discharged
from any trade premises into municipal drains on any
one day and the highest rate at which trade effluent
may, without such consent or permission, be
discharged from any trade premises into municipal
drains;
(23) the regulation of the temperature of trade effluent at
the time of its discharge into municipal drains and the
securing of the neutrality of trade effluent (that is to
say that is neither acid nor alkaline) at the time of
such discharge;
(24) the charges to be paid to the Corporation by occupiers
of trade premises for the reception of trade effluent
into municipal drains and disposal thereof;
(25) the provisions and maintenance of such an inspection
chamber or main hole as will enable a person readily
to take at any time samples of what is passing into
municipal drains from trade premises; and
(26) the provision and maintenance of such meters as may
be required to measure the volume of any trade
effluent being discharged from any trade premises
into municipal drains, and the testing of such meters.
C. Bye-laws relating to streets.-
(1) the closure of streets when any work is in progress
and alternative passage during the progress of such
work;
(2) the erections of a temporary nature during festivals;
(3) the setting up of boards on buildings adjacent to
streets during their construction or repair;
(4) the precautions to be taken when permission is
granted to any private individual for opening or
breaking up any public street and the fees to be paid
for the restoration of a street in its original sanction;
(5) the permission, regulation or prohibition of use or
occupation of any street or place by itinerant vendors
or hawkers or by any person for the sale of articles or
the exercise of any calling or the setting up of any
booth or stall and the fees chargeable for such
occupation,
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 201

(6) any other matter in connection with the construction,

repair, maintenance, naming, numbering and lighting
of streets for which provision is necessary or should
be made.
D. Bye-laws relating to building.-
(1) the regulation or restriction of the use of sites for
buildings for different areas;
(2) the regulation or restriction of buildings in different
areas;
(3) the form of notice of erection of any building or
execution of any work and the fee in respect of the
same;
(4) the plans and documents to be submitted together
with such notice and the information and further
information to be furnished;
(5) the level and width of foundation, level of lowest
floor and stability of structure;
(6) the construction of buildings and the materials to be
used in the construction of buildings;
(7) the height of buildings whether absolute or relative to
the width of streets or to different areas;
(8) the number and height of storeys composing a
building and the height of rooms and the dimensions
of rooms intended for human habitation;
(9) the provision of open spaces, external and internal
and adequate means of light and ventilation;
(10) the provision of means of egress in case of fire, fire
escapes and water lifting devices;
(11) the provision of secondary means of access for the
removal of house refuse;
(12) the materials and methods of construction of external
and party walls, roofs and floors;
(13) the position, materials and methods of construction of
hearths, smoke escapes, chimneys, staircases, drains,
latrines and cesspools;
(14) the provisions of lifts;
(15) the paving of yards;
(16) the restrictions on the use of inflammable materials in
buildings;
202 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(17) the restrictions on construction of foundation on

certain sites;
(18) the measures to be taken to protect buildings from
damp arising from sub-soil;
(19) the wells, tanks and cisterns and pumps for the supply
of water for human consumption in connection with
buildings;
(20) in the case of wells, the dimensions of the well, the
manner of enclosing it and if the well is intended for
drinking purposes the means which shall be used to
prevent pollution of the water;
(21) the supervision of buildings;
(22) the setting back of garages and shops from the regular
line of a street;
(23) the construction of portable structures and permission
for such construction.
E. Bye-laws relating to sanitation and public health.-
(1) the position of latrines and urinals;
(2) the provision of air spaces between latrines and
buildings of places used for various purposes;
(3) the white washing of buildings;
(4) the provision of living accommodation for sweepers
in buildings newly erected requiring ten or more
latrines;
(5) the regulation or prohibition of the stabling or herding
of animals or any class of animals so as to prevent
danger to public health;
(6) the seizure of ownerless animals straying within the
limits of the municipal area and the regulation and
control of ponds;
(7) the fixing and regulation of the use of public bathing
and washing places;
(8) the prevention of the spread of dangerous diseases;
(9) the segregation in or the removal or expulsion from
any part of the municipal area or the destruction of
animals suffering or reasonably suspected to be
suffering from any infectious or contagious disease;
(10) the supervision, regulation, conservation and
protection from injury, contamination or trespass of
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 203

sources and means of public water supply and of

appliances for the distribution of water;
(11) the enforcement of compulsory vaccination and
inoculation;
(12) the proper disposal of corpses, the regulation and
management of burning and burial places and other
places for the disposal of corpses and the fees
chargeable for the use of such places where the same
are provided or maintained at the expense of the
Corporation Fund.
F. Bye-laws relating to public safety and suppression of
nuisances.-
the regulation or prohibition for the purposes of
sanitation or the prevention of disease or the promotion
of public safety or conveniences of any act which
occasions or is likely to occasion a nuisance and for the
regulation or prohibition of which no provision is made
elsewhere by this Act.
G. Bye-laws relating to markets, slaughter houses, trades and
occupations.-
(1) the day on, and the hours during which any market or
slaughter house may be kept open for use;
(2) the regulation of the design, ventilation and drainage
of markets and slaughter houses and the materials to
be used in the construction thereof;
(3) the keeping of markets and slaughter houses and the
lands and buildings appertaining thereto in a clean
and sanitary condition, the removal of filth, rubbish
and other polluted and obnoxious matter therefrom
and the supply therein of pure water and of a
sufficient number of latrines and urinals for the use of
persons using or frequenting the same;
(4) the manner in which animals shall be admitted in
slaughter houses;
(5) the manner in which animals may be slaughtered;
(6) the provision of passage of sufficient width between
the stalls in market buildings and market places for
the convenient use of the public and the prevention of
encroachment of such passage;
(7) the setting apart of separate areas for different classes
of articles in market building and market places;
204 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(8) the disposal or destruction of animals offered for

slaughter which are, from disease or any other cause,
unfit for human consumption;
(9) the destruction of carcasses which from any disease
or any other cause are found after slaughter to be
unfit for human consumption;
(10) the regulation of the entry of animal into slaughter
house and bringing out of the carcasses of such
animals safer slaughter and the fee to be paid for use
of slaughter houses;
(11) the proper custody and care of animals for the
keeping of which licences are granted under section
324;
(12) the regulation of the import of animals and flesh
within the municipal area;
(13) the rendering necessity of licences for the use of
premises within the municipal area as stables or cow
houses or as an accommodation for sheep, goat or
buffalo and the fees payable for such licences and the
conditions subject to which such licences may be
granted, refused, suspended or revoked;
(14) the regulation of sarais, hotels, dak bungalows,
lodging houses, boarding houses, buildings, let-in-
tenements, residential clubs, restaurants, eating
houses, cafes, refreshment rooms and places of
public;
(15) recreation, entertainment or resorts;
(16) the control and supervision of places where
dangerous offensive trades are carried on so as to
secure cleanliness therein or to minimise injurious,
offensive or dangerous effects arising or likely to
arise therefrom;
(17) the regulation of the posting of bills and
advertisements and of the position, size, shade or
style of the name boards, signing boards and
signposts;
(18) the fixation of a method for the sale of articles
whether by measure, weight, piece or any other
method;
(19) the procedure regarding grant of permit to establish a
factory, workshop or trade premises;
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 205

(20) the regulation of smoke in factories, workshop and

trade premises;
(21) the regulation of sanitary conditions in factories,
workshops and trade premises;
(22) the regulation of the use in any factories, workshops
or trade premises of, whistle, trumper, siren or horn
worked by steam, compressed air, electricity or other
mechanical means;
(23) the prevention of nuisance in any market building,
market place, slaughter house or any factory,
workshop or trade premises;
H. Bye-laws relating to improvement.-
(1) the form and contents of an improvement scheme or a
rehousing scheme;
(2) the procedure to be followed in connection with the
framing, submission, approval and sanction of such
scheme;
(3) the local inquiries and other hearings that may be held
before a scheme is framed, approved or sanctioned;
(4) the alteration of an improvement scheme or a rehousing
scheme after approval and sanction.
I. Bye-laws relating to miscellaneous matters.-
(1) the prevention and extinction of fire;
(2) the circumstances and the manner in which owners of
land or building in the municipal area temporarily
absent therefrom or not resident therein may be
required to appoint as their agents for all or any of the
purposes of this Act or of any bye-laws made
thereunder, persons residing within or near the
municipal area;
(3) the regulation and control of Corporation hospitals
and dispensaries;
(4) the rendering of necessary licences-
(a) for the proprietors or drivers of hackney-
carriages, cycles rickshaws, thetas, the rehries
kept or plying for hire or used for hawking
articles;
(b) for persons working as job porters for the
conveyance of goods;
206 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(5) the classification of cinema theatres for the purposes

of levying theatre-tax;
(6) any other matter which is to be or may be prescribed
by bye-laws made under this Act or in respect of
which this Act makes no provision or makes
insufficient provision and provision is, in the opinion
of the Corporation, necessary for the efficient
municipal government of the municipal area.
396. Penalty for breaches of bye-laws.- 1[(1)] Any bye-laws made
under this Act may provide that a contravention thereof shall be punishable,-
(a) with fine which may extend to 2[fifty thousand rupees]; or
(b) with fine which may extend to 3[fifty thousand rupees] and in
the case of continuing contravention, with an additional fine
which may extend to 4[five thousand rupees]for every day
during which such contravention continues after conviction
for the first contravention; or
(c) with fine which may extend to 5[five thousand rupees] for
every day during which the contravention continues, after the
receipt of a notice from the Commissioner or any Corporation
Officer duly authorised in that behalf by the person
contravening the bye-law requiring such person to
discontinue such contravention.
(2) Any such bye-law may also provide that a person contravening the
same shall be required to remedy, so far as lies in his power, the mischief if
any caused by such contravention.
6
[397. Supplemental provisions respecting bye-laws.- Any power to
make bye-laws conferred by this Act is conferred subject to the condition that
bye- laws being made after previous publication by the Corporation, after
having been published in Official Gazette for inviting public objections:
Provided that State Government may cancel any such bye-law if
found to be contrary to the provisions of this Act or the rules made thereunder
and thereupon the bye-law shall cease to have effect.]

1. Inserted vide H.P. Act No. 32 of 2011, effective from 20th February, 2012.
2. Substituted for the words “five hundred rupees” vide H.P. Act No. 32 of 2011,
effective from 20th February, 2012.
3. Substituted for the words “five hundred rupees” vide H.P. Act No. 32 of 2011,
effective from 20th February, 2012.
4. Substituted for the words “fifty rupees” vide H.P. Act No. 32 of 2011, effective
from 20th February, 2012.
5. Substituted for the words “fifty rupees” vide H.P. Act No. 32 of 2011, effective
from 20th February, 2012.
6. Section 397 substituted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 207

398. Bye-laws to be available for inspection and purchase.- (1) A

copy of all bye-laws made under this Act shall be kept at the Corporation
office and shall, during office hours, be open free of charge to inspection by
any person of the municipal area.
(2) Copies of all such bye-laws shall be kept at the Corporation office
and shall be sold to the public at cost price either singly or in collections at the
option of the purchaser.
CHAPTER-XXIII
CONTROL
399. Power of Government to require production of documents.-
The Government or the Director may at any time require the Commissioner -
(a) to produce any record, correspondence, plan or other
document in his possession or under his control; and
(b) to furnish any return, plan, estimate, statement, account or
statistics relating to the proceedings, duties or works of the
Corporation or any of the Corporation authorities.
400. Inspection.- The Government or the Director may depute any
officer to inspect or examine any municipal department or office or any
service or work undertaken by the Corporation or any of the municipal
authorities or any property belonging to the Corporation and to report thereon
and the Corporation and every Corporation authority and all Corporation
officers and other Corporation employees shall be bound to afford the officer
so deputed access at all reasonable times to the premises and properties of the
Corporation and to all records, accounts and other documents the inspection
of which he may consider necessary to enable him to discharge his duties.
401. Power to give directions.- (1) If whether on receipt of any
information or report obtained under section 399 or section 400 or otherwise,
the Government or the Director is of the opinion -
(a) that any duty imposed on the Corporation or any of its
authority by or under this Act, has not been performed or has
been performed in an imperfect, insufficient or unsuitable
manner; or
(b) that adequate financial provision has not been made for the
performance of any such duty;
the Government or the Director, as the case may be, may direct the
Corporation or the Commissioner, within such period as it thinks fit, to make
arrangements to its satisfaction for the proper performance of duty, or, as the
case may be, to make financial provisions to its satisfaction for the
performance of the duty and the Corporation or the Commissioner concerned
shall comply with such direction:
Provided that unless in the opinion of the Government or the Director
the immediate execution of such order is necessary, it shall, before making
208 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

any direction under this section, give the Corporation or the Commissioner an
opportunity of showing cause why such direction should not be made.
(2) Where any direction is given by the Director under sub-section (1)
he shall intimate the Government of such direction and the said direction shall
remain in force unless it is modified or rescinded by the Government.
402. Power to provide for enforcement of direction under section
401.- If, within the period fixed by a direction made under sub-section (1) of
section 401, any action the taking of which has been directed under that sub-
section, has not been duly taken, the Government or the Director as the case
may be, make arrangements for the taking of such action and may direct that
all expenses connected therewith shall be defrayed out of the Corporation
Fund.
1
[402-A. Power to review.- The Commissioner may, on his own or
on the application made by any of the party to the proceedings, review the
order passed by him under this Act, in accordance with the provisions of order
XLVII of the Code of Civil Procedure, 1908 and may modify or reverse the
same accordingly.]
403. Power of revision.- The Government may at any time, for the
purposes of satisfying itself as to the correctness, legality, propriety or
regularity of any proceeding or order passed by any officer of the Government
or the Commissioner or any officer subordinate to him, call for and examine
the record and may pass such order with reference thereto as it may think fit.
404. Dissolution of Corporation.- (1) If, in the opinion of the
Government, the Corporation is not competent to perform, or persistently
makes default in the performance of the duties imposed on it by or under this
Act or any other law or exceeds or abuses its powers the Government may by
an order published, together with a statement of the reasons therefor, in the
Official Gazette, declare the Corporation to be incompetent or in default or to
have exceeded or abused its powers, as the case may be and dissolve the
Corporation:
Provided that before making an order of dissolution as aforesaid,
reasonable opportunity shall be given to the Corporation to be heard and to
show cause why such order of dissolution should not be made.
(2) When the Corporation is dissolved by an order under sub-section
(1),-
(a) all 2[XXXXXXXXXXX Councillor] shall on such date as
may be specified in the order vacate their offices without
prejudice to their eligibility for election under clause (d);

1. Section 402-A inserted vide H.P. Act No. 32 of 2011, effective from 20th
February, 2012.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 209

(b) on the dissolution of the Corporation, all powers and duties

conferred and imposed upon the Corporation by or under this
Act or any other law shall be exercised and performed by
such officer or authority as the Government may appoint in
that behalf;
(c) all property vested in the Corporation shall until is
reconstituted, vest in the Government; and
(d) election shall be held for the purpose of reconstituting the
Corporation within a period of six months.
CHAPTER-XXIV
MISCELLANEOUS
405. Delegation.- (1) The Government may, by notification, delegate
all or any of its powers under this Act , except the power to make rules, to any
officer subject to such restrictions and conditions as may be specified in the
notification.
(2) Wherever it is expedient to do so in the public interest and for the
efficient performance of the functions entrusted to the Corporation may, with
the prior approval of the State Government entrust any of its civic services
and amenities (including collection of taxes and revenues) in relation to any
matter to which the power of the Corporation extends, to any person or
agency subject to such conditions and restrictions as it may consider necessary
to impose.
406. Validity of notices and other documents.- No notice, order,
requisition, licence, permission in writing or any other document issued under
this Act, shall be invalid merely by reason of defect of form.
407. Admissibility of document or entry as evidence.- A copy of
any receipt, application, plan notice, order or other document or of any entry
in a register in the possession of any Corporation authority shall, if duly
certified by the legal keeper thereof or other person authorised by the
Commissioner in this behalf, be admissible in evidence of the existence of the
document or entry and shall be admitted as evidence of the matters and
transaction therein recorded in every case there, and to same extent to which
the original document or entry would if produced, have been admissible to
prove such matters and transactions.
408. Evidence of Corporation Officer or employee.- No
Corporation officer or other Corporation employee shall, in any legal
proceeding to which the Corporation is not a party, be required to produce any
register or document the contents of which can be proved under section 403
by a certified copy, or to appear as a witness to prove any matter or
transaction recorded therein save by order of the court made for special cause.
409. Prohibition against obstruction of Mayor or any Corporation
authority etc.- No person shall obstruct the Corporation or the
Commissioner, the Mayor or any of the Deputy Mayor, any Councillor or any
210 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

person employed in the Corporation or any person with whom the

Commissioner has entered in to a contract on behalf of the Corporation, in the
performance of his duty or of anything which he is empowered or required to
do by virtue or in consequence of any provision of this Act or of any rule,
regulation or bye-law made thereunder.
410. Prohibition against removal of mark.- No person shall remove
any mark set up for the purpose of indicating any level or direction incidental
to the execution of any work authorised by this Act or of any rule or bye-law
made thereunder.
411. Prohibition against removal or obliteration of notice.- No
person shall, without authority in that behalf remove, destroy, deface or
otherwise obliterate any notice exhibited by or under orders of the
Corporation or any other Corporation authority or any Corporation Officer or
other Corporation employee specified by the Commissioner in this behalf.
412. Prohibition against unauthorised removal of deposit etc.- No
person shall, without authority in that behalf, remove earth, sand or other
material or deposit any matter or make any encroachment in or on any land
vested in the Corporation or in any way obstruct the same.
413. 1[Liability of Mayor, Deputy Mayor and Councillors].- (1)
2
[Mayor, Deputy Mayor and Councillor]shall be liable for the loss, waste or
misapplication of any money or other property belonging to the Corporation,
if such loss, waste or misapplication is reported either by the Audit Agency or
otherwise comes to the notice of the Corporation to be a direct consequence of
his neglect or misconduct in the performance of his duties as a 3[Mayor,
Deputy Mayor and Councillor]; and he may after being given an opportunity,
by notice served in the manner provided for the service of summons in the
Code of Civil Procedure, 1908 (5 of 1908), to show cause by written or oral
representation why he should not be required to make good the loss, or be
surcharged with the value of such property or the amount of such money by
the Director, and if the amount is not paid within fourteen days from the
expiry of the period of appeal prescribed by sub-section (2), the Collector at
the request of the Director shall proceed forthwith to recover the amount as if
it were an arrear of land revenue, and have it credited to the Corporation
Fund.
(2) The person against whom an order under sub-section (1) is made
by the Director may within thirty days of the date of communication of the
order make an appeal to the Government:
Provided that no person shall under this section be called upon to
show cause after the expiry of a period of five years from the occurrence of

1. In the heading of section 413 substituted for the words “Liability of Councillors”
vide H.P. Act No. 11 of 2010.
2. Substituted for the word “Councillor” vide H.P. Act No. 11 of 2010.
3. Substituted for the word “Councillor” vide H.P. Act No. 11 of 2010.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 211

such loss, waste or misapplication or after the expiry of two years from the
time of his ceasing to be a Councillor.
414. Councillor and Corporation Officers and employees to be
public servants.- 1[Mayor, Deputy Mayor and Councillor], the Commissioner
and every Corporation Officer and other Corporation employees, shall be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code, 1860 (39 of 1860).
415. Annual Administration report.- As soon as may be after 1st
day of April, in every year and not later than such date as may be fixed by the
Government in this behalf, the Corporation through the Director shall submit
to the Government a detailed report of its activities during the preceding year
in such form as the Government may direct.
(2) The Commissioner shall prepare such report and the Corporation
shall consider it and forward the same to the Government with its resolution
thereon, if any.
(3) Copies of the report shall be kept for sale at the Corporation
office.
416. Construction of reference.- Save as expressly provided in this
Act and unless the context otherwise requires, after the establishment of the
Corporation, any reference in any enactment, rule, bye-law, order, scheme,
notification or other instrument having the force of law, to any local authority
having jurisdiction in the municipal area or any part thereof shall, unless the
context or subject otherwise require, be construed as reference to the
Corporation.
417. Special provisions as to rural areas.- Notwithstanding anything
contained in the foregoing provisions in this Act -
(a) the Corporation, with previous approval of the Government,
may, by notification in the Official Gazette, declare that any
portion of the rural area shall cease to be included therein and
upon the issue of such notification that portion shall be
included in and form part of the urban areas;
(b) the Corporation, with previous approval of the Government,
may, by notification in the Official Gazette,-
(i) exempt the rural areas or any portion thereof from such of
the provisions of this Act as it deems fit; and
(ii) levy taxes, rates, fees and other charges in the rural areas
or any portion thereof at rates lower than those at which
such taxes, fees and other charges are levied in the urban
areas or exempt such areas or portion from any such tax,
rate, fee or other charge.

1. Substituted for the word “Every Councillor” vide H.P. Act No. 11 of 2010.
212 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

418. Power to suspend any resolution or order of Corporation.- If

the Government or the Director is of the opinion that the execution of any
resolution or order of the Corporation or of any other Corporation authority or
employee subordinate thereto or the doing of any act which is about to be
done or is being done by or on behalf of the Corporation is in contravention of
or in excess of powers conferred by this Act or of any other law for the time
being in force or is likely to lead to breach of the peace or cause injury and or
annoyance to the public or any class or body of persons, the Government or
the Director under intimation to the Government, may, by order in writing,
suspend the execution of such resolution or order, or prohibit the doing of any
such act.
419. Power of Government to modify proceedings.- The
Government may by written order modify, annul or omit from the records any
proceedings of the Corporation which it considers not to be in conformity
with this Act, or any rules or bye-laws made thereunder and may do all things
necessary to secure such conformity:
Provided that unless in the opinion of the Government the immediate
making of such order is necessary it shall before making, an order under this
section, give the Corporation an opportunity of showing cause why such an
order should not be made.
420. Power of Government to withdraw any area of Municipal
area, from operation of Act.- (1) The Government may, by notification,
withdraw from the operation of this Act, any area of any municipal area of the
Corporation:
Provided that no such notification shall be issued unless the same has
been published for inviting objections and suggestions, if any, which have
been duly considered to.
(2) When a notification is issued under this section in relation to any
municipal area, this Act, all notifications, rules, regulations, bye-laws, orders,
directions and powers issued, made or conferred under this Act shall cease to
apply to the said area.
421. District Planning Committees.- (1) The Corporation shall
prepare every year a development plan for its area and submit it to the District
Planning Committee.
(2) The District Planning Committee, constituted by the State
Government under section 185 of the Himachal Pradesh Panchayati Raj Act,
1994 (4 of 1994) shall consolidate the development plans prepared and
submitted to it by the municipalities in the District, under sub-section (1) and
prepare a draft development plan for the district as a whole.
(3) The persons to represent the municipalities in the District Planning
Committee, under clause (d) of sub-section (2) of section 185 of the
Panchayati Raj Act, 1994( 4 of 1994), shall be chosen by the elected members
of the municipalities in the District in the prescribed manner from amongst
themselves.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 213

(4) Every District Planning Committee shall in preparing the draft

development plan -
(a) have regard to -
(i) matters of common interest between the municipalities
and panchayats including spatial planning, sharing of
water and other physical and natural resources, the
integrated development of infrastructure and
environmental conservation;
(ii) the extent and type of available resources whether
financial or otherwise;
(b) consult such institutions and organisations as the State
Government may specify.
(5) The Chairperson of every District Planning Committee shall
forward the development plan, as recommended by such Committee, to the
State Government.
422. Transitional provisions.- In any enactment other than the
Himachal Pradesh Municipal Act, 1994 (13 of 1994), in force on the date
immediately preceding the appointed day on which notification is published
under sub-section (2) of section 3 of this Act issued or in any rule, order or
notification made or issued thereunder and in force on such date, unless a
different-intention appears -
(a) reference to Municipalities, Municipal Council and Nagar
Panchayats constituted under the Himachal Pradesh
Municipal Act, 1994 (13 of 1994), shall be construed as
reference to the Corporation and such enactment, rule, order
or notification shall apply to the Corporation;
(b) reference to the President or the Vice-President of a
municipality constituted under the Himachal Pradesh
Municipal Act, 1994 (13 of 1994) shall be construed in
respect of the municipal area as reference to the
Commissioner appointed under this Act;
(c) reference to the members of a municipality constituted under
the Himachal Pradesh Municipal Act, 1994 (13 of 1994),
shall in respect of the Corporation shall be construed as
reference to the a 1[XXXXXXXXXXX Councillor] of the
Corporation constituted under this Act;
(d) references to any Chapter or section of the Himachal Pradesh
Municipal Act, 1994 (13 of 1994), shall as far as possible be

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from 27th July, 2013.
214 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

construed in respect of the municipal area as reference to this

Act or its corresponding Chapter or section.
423. Provisions regarding officers and employees.- (1) When any
municipality including area comprising rural area or a part thereof, if any, is
declared and constituted a Corporation under sections 3 and 4 of this Act, the
entire officers and employees serving in a municipality including area
comprising rural area or a part thereof, if any, on a post in relation to which
the Corporation is constituted, shall, on the declaration and constitution of a
Corporation, be deemed to be transferred to the Corporation on the existing
terms of service and integrated into the corresponding municipal service.
(2) The Corporation may recruit additional staff where necessary
subject to the conditions as may be laid down by the Government.
(3) In making appointment to any post referred to in this section, the
appointing authority shall follow the instructions issued by the Government
from time to time in relation to reservation of appointment or post for
Scheduled Castes, Scheduled Tribes, Backward Classes and other category of
persons.
424. Assets, liabilities, debts obligations, contracts and pending
proceedings.- (1) All assets and properties vesting in, all debts, liabilities and
obligations incurred by, and all contracts made by or on behalf of the
municipality including area comprising rural area or a part thereof, if any,
declared and constituted to be a Corporation under sections 3 and 4 of this
Act, be deemed to have been vested in, to have been incurred and made by the
Corporation and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the said
municipality including area comprising rural or a part thereof, if any, on the
day the Corporation was constituted which under the provisions of this Act,
are required to be instituted before or undertaken by the Commissioner, shall
be transferred to and continued by him and all other such proceedings shall, so
far as may be transferred to and continued by such authority before or by
whom they have to be instituted or undertaken under the provisions of this
Act.
(3) All appeals pending before any authority of the said municipality
including area comprising rural area or a part thereof, if any, on the day the
Corporation was constituted, shall, in so far as may be practicable, be
disposed of as if the same were pending before the said authority after the
declaration and constitution of the Corporation.
(4) All prosecutions instituted by or on behalf of the said municipality
including area comprising rural area or a part thereof, if any, and all suits and
legal proceedings instituted by or against the said municipality including area
comprising rural area or a part thereof, if any, or any officer of the said
municipality including area comprising rural area or a part thereof, if any,
pending on the day the Corporation was constituted, shall be deemed to have
been instituted by or against the Commissioner.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 215

425. Provision for municipality or local authority which is

superseded or dissolved.- Any reference in the foregoing sections to
municipalities or a local authority shall, in case such municipality or a local
authority has been superseded or placed under the charge of an administrator
under any enactment made for that purpose be deemed to be a reference to the
person or persons appointed to exercise the powers or to perform the functions
of such municipality or local authority under any law relating to such
municipality or the Municipal Corporation or local authority.
426. Power to enquire and make report about misconduct of
certain officer or officials.- (1) On a complaint being made to the
Corporation by any a 1[XXXXXXXXXXX Councillor] that an officer or
official of the corporation or any other class of Government officer or official
discharging any duties in relation to the functions of the Corporation, to which
the Government may, by notification, extend the provisions of this section has
mis-conducted himself in his official capacity, the Corporation may enquire
into the matter and submit a report alongwith the prima facie evidence to the
superior officer whom it may concern, or to the Director and the said officer
shall, after such further enquiry as may be required, take suitable action under
intimation to the Corporation and the Government.
(2) On the report being made by any a 2[XXXXXXXXXXX
Councillor] that an officer or official of the municipality or any other class of
Government officers or officials discharging any duties in relation to the
functions of the Corporation, to which the Government may, by notification
extend the provisions of this section, has failed to perform any duty imposed,
upon him by any law or rules, the Corporation may, by notice fixing a
reasonable period, require him to perform the duty and, on his failure to do so,
shall report the matter to the superior officer whom it may concern, or to the
Director and the said officer shall, after such enquiry as may be required, take
suitable action under intimation to the Corporation and the Government.
427. Power to remove difficulties.- If any difficulty arises in giving
effect to the provisions of this Act or by reason of anything contained in this
Act to any other enactment for the time being in force, the Government may ,
as occasion requires, by order direct that this Act shall during such period as
may, be specified in the order but not extending beyond the expiry of two
years from the commencement orders have effect subject to such adaptations
whether by way of modification, addition or omissions as it may deem to be
necessary and expedient.
428. Repeal of Act No. 9 of 1980.- (1) On and from the date of
commencement of this Act, the Himachal Pradesh Municipal Corporation Act,

1. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
2. For the word “Councilor” the words “Mayor, Deputy Mayor and Councillor”
substituted vide H.P. Act No. 11 of 2010 and the words “Mayor, Deputy Mayor
and” omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013.
216 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

1979 (9 of 1980), shall stand repealed (hereinafter referred to as the repealed

Act:
Provided that the repeal shall not effect,-
(a) the previous operation of the repealed Act, or anything duly
done or suffered thereunder, or
(b) any penalty, forfeiture or punishment incurred in respect of
any offence committed against the repealed Act, or
(c) any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid and any such
investigation, legal proceeding or, remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or
punishment may be imposed as if this Act has not been
enforced:
Provided further that subject to the preceding proviso anything done
or any action taken (Including any appointment, or delegation made,
notification, notice, order, instruction or direction issued, rule, regulation, bye-
laws, form, or scheme framed, certificate obtained, permit or licence granted,
registration affected, tax imposed or fee or rate levied), under the repealed Act
shall, in so far as it is in force immediately before the commencement of this
Act is not inconsistent with the provisions of this Act be deemed to have been
done or taken under the corresponding provisions of this Act and shall
continue to be in force accordingly, unless and until superseded by anything
done or any action taken under this Act.
(2) The existing Municipal Corporation, Shimla and its Mayor,
Deputy Mayor and Councillors, holding office immediately before the
commencement of this Act, shall continue till the expiration of its duration,
unless sooner dissolved under the provisions of this Act or by a resolution
passed to that effect by the Legislative Assembly, or the Mayor, Deputy
Mayor or a Councillor, as the case may be, ceases to be so by reasons of
death, resignation or removal.
429. Repeal of Ordinance No. 3 of 1994.- (1) The Himachal Pradesh
Municipal Corporation (Amendment) Ordinance, 1994 (3 of 1994) is hereby
repealed.
(2) Notwithstanding the repeal of the Himachal Pradesh Municipal
Corporation Ordinance, 1994, 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.
__________
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 217

FIRST SCHEDULE
(See section 324)
PART- I
Purposes to which premises may not be used without a licence:
1. Banking.
2. Cinematograph films, shooting of.
3. Cinematograph film by any process whatsoever, Treating of.
4. Chillies or masala or corn or seeds, Grinding of by mechanical
means.
5. Cloth, Yarn or leather in indigo or in other colours, Dyeing or
printing of.
6. Cloth, or yarn bleaching.
7. Keeping of an eating house or a catering establishment.
8. Grain, Parching.
9. Ground nut seeds, tamarind seeds or any other seeds, Parching.
10. Keeping of hair dressing saloon or a barber's shop.
11. Hides or skins, whether raw or dried Tanning, pressing or
packing.
12. Keeping a laundry shop.
13. Leather goods, manufacturing or by mechanical means.
14. Keeping of a Litho Press.
15. Keeping of a lodging house.
16. Metal Casting.
17. Precious metals, Refining of or recovering of them from
embroideries.
18. Keeping of a Printing Press.
19. Keeping a sweetmeats shop except in premises already licensed
as an eating house.
20. Keeping a tailoring shop.
21. Carrying on the trade or business of or any operation connected
with the trade of -
(i) Autocar or autocycle servicing or repairing.
(ii) Blacksmithy.
(iii) Coppersmithy.
(iv) Electroplating.
218 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(v) Glass bevelling.

(vi) Glass cutting.
(vii) Glass polishing.
(viii) Goldsmithy.
(ix) Marble cutting, grinding, dressing or polishing
(x) Metal (ferrous or non-ferrous or antimony but
excluding precious metal ) cutting or treating metal by
harmoring drilling, pressing, filling, polishing, heating
or by any other process whatever or assembling parts of
metal.
(xi) Photography-Studio.
(xii) Radio (wireless receiving set) selling, repairing,
servicing or manufacturing.
(xiii) Silversmithy.
(xiv) Spinning or weaving cotton silk, art silk, or jute or wool
with the aid of power.
(xv) Stone grinding, cutting, dressing or polishing.
(xvi) Timber or wood sawing or cutting, by mechanical or
electric power.
(xvii) Tinsmithy.
(xviii) Washerman's trade.
(xix) Welding of metal by electric, gas or any process
whatsoever.
22. Manufacturing, parching, packing, pressing, cleaning,
cleansing, boiling, moulting, grinding or preparing by any
process whatever any of the following articles -
(i) Aerated waters.
(ii) Bakelite goods.
(iii) Bidis (indigenous cigarettes) snuff, cigars or cigarettes.
(iv) Bitumen.
(v) Blasting powder.
(vi) Bones.
(vii) Bricks or tiles by hand power.
(viii) Bricks or tiles by mechanical power.
(ix) Brushes.
(x) Candles.
THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 219

(xi) Catgut.
(xii) Celluloid or celluloid goods.
(xiii) Cement concrete designs or models.
(xiv) Charcoal.
(xv) Chemicals.
(xvi) Cinematograph films stripping in connection with any
trade.
(xvii) Cosmetics or toilet goods.
(xviii) Cotton, cotton refuse, cotton waste, cotton yarn, silk,
silk yarn, silk inclusive of waste yarn, art silk, art silk
waste, art silk yarn, wool or woollen refuse or waste.
(xix) Cotton seeds.
(xx) Dammar.
(xxi) Dynamite.
(xxii) Fat.
(xxiii) Fireworks.
(xxiv) Flax.
(xxv) Ink for printing, writing, stamping etc.
(xxvi) Gas.
(xxvii) Ghee.
(xxviii) Glass or glass articles.
(xxix) Gunpowder.
(xxx) Hemp.
(xxxi) Ice (including dry Ice).
(xxxii) Insecticide or disinfectants.
(xxxiii) Leather, cloth or rexin cloth or water proof cloth.
(xxxiv) Lime.
(xxxv) Lineseed oil.
(xxxv) Matches for lighting (including Bengal matches).
(xxxvii) Mattresses and pillows.
(xxxviii) Offal.
(xxxix) Oil-cloth.
220 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

(xl) Oil other than petroleum (either by mechanical power

or by hand power or ghani driven by bullock or any
other animal)
(xli) Pharmaceutical or medical products.
(xlii) Rubber or rubber goods.
(xliii) Paints.
(xliv) Paper or cardboard.
(xlv) Pickers from hides.
(xlvi) Pitch.
(xlvii) Plastic goods.
(xlviii) Pottery by hand power.
(xlix) Pottery by mechanical or any power other than hand
power.
(l) Sanitary-ware or china-ware.
(li) Soap.
(lii) Sugar.
(liii) Sweetmeat and confectionery goods.
(liv) Tallow.
(lv) Tar.
(lvi) Varnishes.
(lvii) Wooden furniture, boxes, barrels, khokas or other
articles of wood or of plywood or of sandal wood.
----------------
PART-II
ARTICLE WHICH MAY NOT BE STORED IN ANY
PREMISES WITHOUT A LICENCE
1. Asafootida.
2. Ashes.
3. Bamboos.
4. Bidi or Bidi leaves
5. Blasting powder.
6. Blood.
7. Bones, bone meal or bone powder.
8. Camphor.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 221

9. Carbide of calcium.
10. Cardboard.
11. Celluloid or celluloid goods
12. Cement.
13. Charcoal.
14. Chemical liquid.
15. Chemicals, non-liquid.
16. Chillies.
17. Chlorate mixture.
18. Cinematograph films-non-inflammable or acetate or safety
base.
19. Cloth in pressed bales or boras.
20. Cloth or clothes of cotton, wool, silk, art silk etc.
21. Coal.
22. Coconut fibre.
23. Coke.
24. Compound gas, such as oxygen gas, hydrogen gas, nitrogen gas,
carbondioxide gas, sulpher dioxide gas, chlorine gas, acetyalom
gas etc.
25. Copra.
26. Cosmetics and toilet needs.
27. Cotton including kahok, surgical cotton and silky cotton.
28. Cotton refuse or waste or cotton yarn refuse or waste.
29. Cotton seed.
30. Detonaters.
31. Dry leaves.
32. Dynamite.
33. Explosive paint such as nitrocellulose paint, lacquer paint,
enamel paint etc.
34. Fat.
35. Felt.
36. Fins.
37. Fire wood.
38. Fire-works.
222 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

39. Fish (dried).

40. Flax.
41. Fulminate.
42. Fulminate of mercury.
43. Fulminate of silver.
44. Golatino.
45. Golignite
46. Grass.
47. Gun-cotton.
48. Gun-powder.
49. Gunny Bags.
50. Hair.
51. Hay or fodder.
52. Hemp.
53. Hessian cloth (gunny bag cloth).
54. Hides (dried).
55. Hides (raw).
56. Hoofs.
57. Horns.
58. Incense or esas.
59. Jute.
60. Khokas, boxes, barrels, furniture or any other article of wood.
61. Lacquer.
62. Leather, leather cloth, raxine cloth and water proof cloth.
63. Matches for lighting (including Bengal matches).
64. Mathylated spirit, denatured spirit or french polish.
65. Nitro-cellulose.
66. Nitro-compound.
67. Nitro-glycerine.
68. Nitro-mixture.
69. Offal.
70. Oil, other than petroleum.
71. Oilseeds including almonds, but excluding cotton-seeds.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 223

72. Old paper or waste paper including old newspapers, periodicals

magazines, etc.
73. Packing stuff (paper cutting).
74. Paints.
75. Paper other than old paper in pressed bales or loose or in reams.
76. Petroleum, other than dangerous petroleum, as defined in the
Petroleum Act, 1934.
77. Phosphorous.
78. Pharmaceutical or medical goods.
79. Photostat, cyclostyling, typing and printing machines.
80. Plastic or Plastic goods.
81. Plywood.
82. Rags, including small pieces or cutting of cloth, hessian cloth,
gunny bag cloth, silk, art silk or woollen cloth.
83. Resin or dammer Battar otherwise known as Ral.
84. Rubber and rubber goods.
85. Safety fuses, feg signals, cartridges etc.
86. Saltpetre.
87. Sandal wood.
88. Sanitary-ware, hardware and other articles made of iron, iron-
sheets, pipes, iron angles and G.I. Pipes.
89. Shoes including leather, PVC Canvas rubber and plastic shoes.
90. Silk waste or silk yarn waste, art silk waste or art silk yarn
waste
91. Sisal fibre.
92. Skins (raw or dried).
93. Straw.
94. Sulphur.
95. Tallow.
96. Tar, ditch, dammor or bitumen.
97. Tarphlin.
98. Thinner.
99. Timber.
100. Turpentine, Utensils, crockery, China and earthen-ware,
aluminium ware, stainless steel and iron goods.
224 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

101. Varnish.
102. Wool (raw).
103. Yarn other than waste yarn.
-----------------
SECOND SCHEDULE
(See section 383)
PENALTIES
Explanation.- The entries in the second column of the following table
headed ‘Subject’ are not intended as definition of the offences prescribed in
the provision mentioned in the first column or even, as abstracts of the
provision but are inserted merely as reference to the subject thereof.
________

1
[TABLE
Section, sub- Subject Fine or Daily fine
section, clause imprison- which
or proviso ment which may be
may be imposed
imposed
1 2 3 4
Rs. Rs.
Section 98, Failure to give notice of transfer 8000 500
sub-section (1) or devolution of land or
and (2) building.
Section 98, Failure to produce instrument of 7000 500
sub-section (3) transfer
Section 99 Failure to give notice of erection 8000 500
of new building.
Section 100 Failure to give notice of 8000 500
demolition or removal of
building.
Section 101 Failure to comply with 10000 500
requisition to furnish
information etc.
Section 105 Willful delay or obstruction of 10000 500
Sub-section valuers
(2)

1. SECOND SCHEDULE amended vide H.P. Act No. 48 of 2013, effective from
27th July, 2013 and again Table substituted vide H.P. Act No. 13 of 2016.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 225

Section 116 Prohibition of advertisement 10000 500

without permission
Section 131 Failure to give notice of re- 6000 500
occupation of vacant land or
building
Section 136, Non- compliance with the 10000 1000
sub-section (2) requisition of attendance before
the Commission
Section 139 Failure of disclose liability 10000 1000
Section 173 Failure to give notice 5000 500
Section 175 Prohibition to occupy new 6000 500
premises without arrangement
for water supply.
Section 180 Refusal of admittance, etc. 10000 500
Section 183, Laying of water pipes, etc. in a 5000 500
sub-section (1) position where the same may be
injured or water therein polluted.
Section 183, Construction of latrines, etc., in 5000 500
subsection (2) a position where pipes may be
injured or water therein polluted.
Section 187 Injury to, or interference with 7000 500
free flow of contents of
municipal drain or drains
communicating with municipal
drain.
Section 188, Private drain not to be 5000 500
subsection (2) connected with municipal drain
without notice.
Section 189 Non-compliance with 7000 500
requisition for drainage of un-
drained premises.
Section 190 Erection of new premises 10000 500
without drains
Section 191 Non- compliance with 10000 1000
requisition of maintenance of
drainage works for any group or
block of premises.
Section192 Non- compliance with direction 5000 500
to close or limit the use of
private drains in certain cases.
226 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Section 193 Non-compliance with 10000 1000

Commissioners order regarding
the use of a drain by a person
other than the owner thereof.
Section 194 Non- compliance with 10000 1000
requisition for keeping sewage
and rain water drains distinct.
Section 195 Non- compliance with 5000 500
requisition for the payment of
court- yard etc.
Section 197 Connection with municipal 10000 1000
water works of drains without
written permission.
Section 200, Non- compliance with 10000 1000
sub-section (4) requisition to close, remove or
divert a pipe or drain.

Section 206, Execution of work by a person 2000 -

sub-section (1) other than a licensed plumber
Section 206, Failure to furnish when 2500 -
subsection (2) required, name of licensed
plumber employed.
Section 206, Licensed plumbers not to 2000 -
sub-section (6) demand more than the charge
prescribed.
Section 206, Licensed plumbers not to 5000 -
sub-section(8) contravene byelaws or execute
work carelessly or negligently,
etc.
Section 207 Prohibition of willful or 10000 1000
neglectful acts relating to water
or sewage works.
Section 215, Construction of building within 10000 1000
sub-section (3) the regular line of street without
permission.
Section 217 Failure to comply with 10000 1000
requisition to set back building
to regular line of street.
Section 220 Failure to comply with 10000 1000
requisition to set forward
buildings to regular line of
street.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 227

Section 223, Utilizing, settling or otherwise 10000 1000

subsection (5) dealing with any land or laying
out a private street otherwise
than in conformity with orders of
the Corporation.
Section 224, Failure to comply with 10000 1000
sub-section (1) requisition to show cause for
clauses (a) and alteration of street or appearance
(b) before the Commissioner.
Section 225, Failure to comply with 10000 1000
sub-section (1) requisition on owner of private
street or owner of adjoining land
or building to level, etc. such
street.
Section 227, Prohibition of projection upon Imprison- 1000
sub-section (1) street, etc. ment for one
month and
Rs. 10,000 or
both.
Section 227, Failure to comply with Imprison- 1000
sub-section (2) requisition to remove projections ment for one
from street. month and
Rs. 10000 or
both.
Section 228, Failure to comply with 10000 1000
sub-section (3) requisition to remove a
verandah, balcony, etc., put up in
accordance with section 235 (1).
Section 229 Failure to comply with 10000 1000
requisition to have ground floor
doors, etc., so altered as not to
open outwards.
Section 230, Erection, etc. of structures of 10000 1000
sub-section (1) fixtures which cause obstruction
in streets.
Section 230, Deposit, etc. of things in streets. 10000 1000
sub-section (2)
Section 233, Tethering of animals and 10000 1000
sub-section (1) milking of cattle in Public
and (2) Streets.
Section 234, Unlawful removal of bar or 10000 1000
sub-section (4) shorting timber etc., or removal
or extinction of light.
228 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Section 235, Streets not to be opened or 10000 1000

sub-section (1) broken up and building material
not to be deposited thereon
without permission.
Section 237, Name of street and number of 5000 500
sub-section (2) house not to be destroyed or
defaced etc.
Section 238, Failure to comply with 10000 1000
sub-section (1) requisition to repair, project or
enclose a dangerous place.
Section 240, Removal or damage of lamps. 5000 500
sub-section (1)
Section 240, Willfully and negligently 5000 500
sub-section (2) extinguishing light in public
streets etc.
Section 242 Erection of a building without 10,000 or 1000
the sanction of the imprison-
Commissioner. ment upto
three months
or both.
Section 243, Failure to give notice of 10000 1000
sub-section (1) intention to erect a building.

Section 244 Failure to give notice of 10000 1000

intention to make additions etc.,
to building.
Section 247, Commencement of work without 10000 1000
sub-section (4) notice etc.
Section 249 Failure to comply with 10000 1000
requisition to round of building
at corners of streets.
Section 250, Erection of building on new 10000 1000
sub-section streets without leveling.
(1)
Section 250, Erection of building on 10000 1000
sub-section (2) execution of work within regular
line of street or in contravention
of scheme or plan.
Section 252 Use of inflammable material 10000 1000
without permission.
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 229

Section 253 Failure to demolish building 10,000 or 1000

erected without sanction or imprison-
erection of buildings in ment upto
contravention of order. three months
or both.
Section 254 Erection of buildings in 10000 1000
contravention of conditions of
sanction etc.
Section 256 Failure to carry out alterations. 10000 1000
Section 257, Non- compliance with revision 10000 1000
sub-section (1) as to completion certificates,
& (2) occupation or use etc.
Section 258, Non- compliance with 10000 1000
sub-section (1) restrictions on user of buildings.
Section 258, Failure to comply with 10000 1000
sub-section (2) requisition and to remove
& (3) structures which are in ruins or
likely to fall.
Section 258, Failure to comply with 10000 1000
sub-section (4) requisition to vacate buildings in
dangerous conditions etc.

Section 264 Failure to provide for collection, 5000 500

removal and deposit of refuse
and provision of receptacles.
Section 265 Failure to comply with 5000 500
requisition for removal of
rubbish etc., from premises used
as market etc.
Section 266, Keeping rubbish and filth for 5000 500
sub-section (1) more than twenty four hours etc.

Section 266, Allowing filth to flow in streets 5000 500

sub-section(2)
Section 266, Depositing rubbish or filth etc. 5000 500
sub-section (3) in street etc.
Section 269, Non- Conversion of service 5000 500
sub-section (1) latrines into water flush
latrines/water seal latrines and
urinals not to be constructed
without permission or in
contravention of terms
230 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

prescribed.
Section 270, Failure to provide buildings 5000 500
sub-section (1) newly erected or re- erected with
and (2) latrine, urinal and other
accommodation.
Section 270, Failure to provide residential 5000 500
sub-section (3) buildings composed of separate
tenements with latrine, bathing
or washing place for servants on
the ground floor.
Section 271 People and to keep them clean 5000 500
and in proper condition
Section 272 Failure to comply with 5000 500
requisition to provide latrines for
market cattle shed, cart stand,
etc. and to keep them clean and
in proper order.
Section 273, Failure to comply with 10000 1000
clause (a), (b), requisition to enforce provision
(c) and (d). of latrine or urinal
accommodation etc.
Section 274, Failure to comply with 10000 1000
sub-section (2) requisition for removal of
congested buildings.
Section 275 Failure to comply with 10000 1000
requisition to improve buildings
unfit for human habitation.
Section 277, Failure to comply with order of 10000 1000
sub-section demolition of buildings unfit for
(1), (2), (3) human habitation.
and (4)
Section 278 Failure to comply with 10000 1000
requisition of the Commissioner
to remove insanitary huts and
sheds etc.
Section 279, Prohibition against washing by 5000 500
sub-section(1) washerman
Section 280 Failure to give information of 10000 1000
dangerous diseases.
Section 282 Failure to comply with 10000 1000
requisition to cleanse and
disinfect buildings or articles.
Section 283 Failure to comply with 10000 1000
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 231

requisition to destroy infectious

huts or sheds,
Section 284 Washing of clothing, bedding, 5000 500
etc. at any place not notified by
the Commissioner.
Section 286, Sending effected clothes to 5000 500
sub-section(1) washerman or Laundry
Section 286, Failure to furnish address of 5000 500
sub-section(2) washerman or laundry to which
clothes have been sent.
Section 287, Use of public conveyances by 5000 500
sub-section persons suffering from a
(1), (2) and (3) dangerous disease etc.
Section 289 Failure to disinfect buildings 10000 1000
before letting the same.
Section 290 Disposal of infected articles 5000 500
without disinfection.

Section 291 Making or selling of food, etc. or 10000 1000

washing of clothes by infected
persons.
Section 292 Sale of food or drink in 10000 1000
contravention of restriction or
prohibition of the
Commissioner.
Section 293 Removal or use of water from 10000 1000
wells and tanks in contravention
of prohibition of Commissioner.

Section 294 Exposure of persons to risk of 10000 1000

infection by the presence or
conduct of a person suffering
from a dangerous disease, etc
Section 295 Removal of infectious corpses in 10000 1000
contravention of the provision of
the section.
Section 296, Absence of sweepers, etc., from Imprisonment -
sub-section(1) duty without notice. which may
extend to one
month of Rs.
10000 or
both.
232 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Section 297 Failure to supply information by 5000 500

persons in- charge of burning or
burial grounds.
Section 298 Use of new burning or burial 5000 500
ground without permission.
Section 299, Failure to comply with 10000 1000
sub-section (1) requisition to close burning or
burial grounds.
Section 299, Burning or burial of corpses in 10000 1000
sub-section (2) burial grounds after it has been
closed.
Section 300 Removal of corpses by other 10000 1000
than prescribed routes.
Section 301, Failure to give notice for 10000 1000
sub-section (1) removal of corpses of dead
clause (b). animals.
Section 302, Commission of nuisances. 5000 100
sub-section
(1), (2), (3)
and (6)
Section 303 Failure to comply with 10000 1000
requisition for removal or
abatement of nuisance.
Section 304, Dogs not to be at large in a street 5000 500
sub-section (4) without being secured by a chain
lead.
Section 304, Ferocious dogs at large without 5000 500
sub-section (5) being muzzled, etc.

Section 305 Stacking inflammable material 10000 1000

in contravention of prohibition.
Section 306 Setting a naked light. 5000 500
Section 307 Discharging fire- works, fire 5000 500
arms, etc., likely to cause
danger.
Section 308 Failure to comply with 10000 1000
requisition to render buildings,
wells etc. safe.
Section 309 Failure to comply with 10000 1000
requisition to enclose land used
for improper purposes.
Section 314, Sale in municipal markets 10000 1000
 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994 233

sub-section (1) without permission.

Section 315, Use of places as private market 10000 1000
subsection (1) without a licence and use of
places other than a municipal
slaughter house as slaughter
house.
Section 315, Non- compliance, with 10000 1000
subsection (2) condition, imposed by
Proviso (a) Commissioner.
Section 317 Keeping market open without 10000 1000
licence etc.
Section 318 Sale in unlicensed market. 10000 1000
Section 319 Carrying on business or trades 10000 1000
near a market.
Section 322 Carrying on butcher’s, fish- 5000 500
monger’s or poulter’s trade
without licence, etc.
Section 323 Establishment of factory etc., 10000 1000
without permission.
Section 324 Certain things not to be kept and 10000 1000
certain trades and operations not
to be carried on without a
licence.
Section 325, Keeping, abandonment or 5000 500
sub-section (3) tethering of animals, etc.
Section 326, Use of premises in contravention 10000 1000
sub-section (5) of declaration.
Section 327 Hawking articles for sale 5000 500
without a licence etc.
Section 328 Keeping a lodging house, eating 10000 1000
house, tea shop, etc., without
licence or contrary to licence.
Section 329 Keeping open theatre, circus or 10000 1000
other place of public amusement
without licence or contrary to
terms of licence.
Section 356, Failure to produce licence or 10000 or 1000
sub-section (5) written permission. Imprisonment
upto three
months or
both.
234 THE HIMACHAL PRADESH MUNICIPAL CORPORATION ACT, 1994

Section 357 Preventing the Commissioner or 10000 or 1000

any person authorised in this Imprisonment
behalf from exercising his upto three
powers of entry etc. months or
both.
Section 358 Preventing the Commissioner or 10000 or 1000
any person authorised in this imprisonment
behalf from exercising his upto three
powers of entry upon any months or
adjoining land both.
Section 363 Obstruction or molestation in 10000 or 1000
execution of work. imprisonment
upto three
months or
both.
Section Failure to comply with 10000 1000
370,sub- requisition to state the name and
section(4) address of owners of premises
Section 371, Failure of occupier of land or 5000 500
sub-section(3) building to afford owner
facilities for complying with
provisions of the Bill etc. After
eight days from issue of order by
District Judge.
Section 409 Observation of Mayor or any 10000 or 1000
Corporation authority etc. imprisonment
upto three
months or
both.
Section 410 Removal of any mark, set up for 5000 500
indicating level etc.
Section 411 Removal etc, of notice exhibited 5000 500
; by or under order of the
Corporation Commissioner, etc.
Section 412 Unlawful removal of earth, sand 10000 1000
or other material or deposit of
any matter or making of any
encroachment from any land
vested in the Corporation.
__________