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Section 219

HPMC Act

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Chapter 0Preliminary

1Short title, extent and commencement
2Definitions
3Classification of municipalities
4Procedure for declaring municipal area
5Notification of intention to include a local area in a municipal area
6Notification of intention to exclude local area from a municipal area
7Exclusion of local area from a municipal area
8Effect of exclusion of local area from municipal area
9Power to abolish municipal area
10Composition of municipalities
11Reservation of seats
12Reservation of offices of Chairpersons
13Term of office of members
14Duration of municipality
15Resignation of member of municipality
16Disqualifications
17Bar to hold more than one office
17A[ Account of election expenses and maximum [limit] [Sections 17-A and 17-B inserted vide Act No. 11 of 1995 effective w.e.f. 1.8.1995.] thereof
17BLodging of account
18Power of State Government as to removal of members
19Procedure in case of equality of votes
20Finality of decision
21Corrupt practices
22Maintenance of secrecy of voting
23
24Prohibition of canvassing in or near polling station and of public meeting on election day
25Penalty for disorderly conduct in or near polling station
26Penalty for misconduct at the polling station
27Breaches of official duty in connection with election
28Removal of ballot papers from polling station to be an offence
29Offence of booth capturing
30Other offences and penalties
31Power to make rules regulating the election of 1 XXXXXX Councillors]
32Bar to interference by Courts in electoral matters
33Oath or affirmation by a [XXXXXXXXXXX Councillor]
34Removal of and resignation by Councillors
35Payment of allowances to Councillors
36
38Discharge of functions of the Mayor by Deputy Mayor
39Resignation of Mayor and Deputy Mayor
40Standing Committees
41General powers of Corporation
42Functions of Corporation to be entrusted by the Government
43Obligatory functions of Corporation
44Discretionary functions of the Corporation
45Appointment of Commissioner
46Appointment of 1[Additional/Joint Commissioner] and certain other officers
47Salary and allowances of Commissioners
48
49Contribution by Corporation
50Functions of the Commissioner
51
52Exercise of powers to be subject to sanction
53Meetings
55Notice of meetings and business
56Quorum
57Presiding Officer
58Method of deciding question
59
60
61
62Power to make regulations
63Keeping of minutes and proceedings
64Circulation of minutes and inspection of minutes and reports of proceedings
65Forwarding minutes and reports of proceeding to the Government
66Validation of proceedings etc
67
68Officers and other employees not to be interested in any contract etc with Corporation
69Constitution of Corporation fund
70
71Operation of accounts with banks
72Payment not to be made unless covered by a budget grant
73Duty of persons signing cheques
74Procedure when money not covered by a budget grant is expended
75Application of Corporation Fund
76Payments from Corporation Fund for works urgently required for public service
77Investment of surplus money
78Constitution of special funds
79Finance Commission
80Budget estimates
81Power of Corporation to alter budget estimates
82Power of Corporation to re-adjust income and expenditure during the year
83Provisions as to unexpended budget grant
84
89Taxation of union properties
92Recovery of taxes on lands and buildings from occupiers
93Taxes on lands and buildings a first charge on premises on which they are assessed

Chapter VIIPolice Assistance

94Police force
95Powers and duties of police
96Special police assistance at fairs etc

Chapter VIIIExtinction and Prevention of Fire

97Establishment and maintenance of fire brigade
98Power of fire brigade and other persons to extinguish
99Observance of rules and regulations
100Provision for water supply
101Supply of water for domestic purposes
102Supply of water for other than domestic purposes
103Procedure for water connections
104Obligation of owner or occupier to give notice of waste of water
105Cutting off water supply to premises
106Power of municipality in respect of Communications etc
107Power to require owners of buildings to provide the storage reservoirs for rain water on their premises
108Supervision and inspection of works
109Repairs of reservoirs
110Bathing and washing places
111Powers in respect of burial and cremation grounds
112Disposal of mad and stray dogs and other animals
113Dogs not to be at large
114Control of elephants, bears or camels
115Taking elephants along public roads
116Power to require buildings, wells, tanks etc. to be secured
117Permission of Commissioner to become void in certain cases
118Presumption in case of contravention
119Power of Commissioner in case of contravention
121Time and manner of payment of taxes or fees
122Presentation of bill of tax or fee
123Consequences of failure to pay tax or fee within thirty days
124Manner of recovering tax or fee
125Power of seizure of vehicles and animals in case of nonpayments of tax thereon
126
127Remission or refund of tax on lands and buildings
128Power to require entry in assessment list of details of buildings
129Notice to be given of circumstances in which remission or refund is claimed
130
131Notice to be given of every occupation of vacant land or building
132Appeal against assessment etc
133Conditions of rights to appeal
134Finality of appellate orders
135Taxation not to be questioned except under this Act
136Power to inspect for purposes of determining the rateable value or tax or fee
137Composition
138Irrecoverable debts
139Obligation to disclose liability
140Power to amend list in certain cases
141Immaterial error not to affect liability
142Power of exemption
143Power of Government in regard to taxes
144Power of Corporation to borrow
145Time for repayment of money borrowed under section 144
146Form and effect of debentures
147Receipt by joint holders for the interest or dividend
148Maintenance and investment of sinking fund
149Application of sinking fund
150Annual statement by Commissioner
151Priority of payment for interest and repayment of loans over other payments
152Attachment of Corporation Fund for recovery of money borrowed from Government
153Power to make regulations
154Property vested in Corporation and management of public institutions
155Acquisition of immovable property by agreement
156Procedure when immovable property cannot be acquired by agreement
157Disposal of property
158Contracts by Corporation
159Procedure for making contracts
160Mode of executing contracts
161Maintenance of accounts
162Report by audit agency
163Action by Commissioner on the report
164Procedure to be followed by audit agency
165
166Definitions
167Power to require Corporation to carry out surveys and formulate proposals
168Power to construct additional works
169Functions in relation to water supply
170Supply of water to connected premises
171Power to supply water for non-domestic purposes
172Making connection with municipal water works
173Obligation of owner or occupier to give notice of waste of water
174Cutting of supply to premises
175New premises no to be occupied without arrangement for water supply
176Public gratuitous water supply
177Power to lay mains
178Power to lay service pipes etc
179Provision of fire hydrants
180Power to enter premises to detect waste or misuse of water
181Power to test water fittings
182Power to close or restrict use of water from polluted source of supply
183
184
185
186Control of drains and sewage disposal works
187Certain matters not to be passed into municipal drains
188Application by owners and occupiers to drain into municipal drains
189Drainage of undrained premises
190New premises not to be erected without drainage
191Power to drain group or block of premises by combined operations
192Power of Commissioner to close or limit the use of private drain in certain cases
193Use of drain by a person other than owner
194Sewage and rain water drains to be distinct
195
196Appointment of places for the emptying of drains and disposal of sewage
197Connection with water works and drains not to be made without permission
198
199Rights of user of property for aqueducts, lines etc
200
201Railway administration to be informed in certain cases

Chapter XIBye-Laws

202General bye-laws
203Prohibition to erect buildings without sanction
204Power of municipality to make bye-laws as to erection or re-erection of building
205Building scheme
206Regularisation of certain buildings
207Punishment for erection or r-erection of a building on sanction of a building scheme under section 205
208Powers of municipality to sanction or refuse erection or re-erection of buildings
209Power of municipality to direct modification of sanctioned plan of a building before its completion
210Completion Certificate and lapse of sanction
211Penalty for disobedience
212Order of demolition of building and works in certain cases and appeal
213Compensation
214Power of municipality to regulate the manufacture, preparation and sale of food and drink
215Prohibition of possession or sale of wild animals
216Penalty for infringement of bye-laws
217[ Supplemental provisions respecting bye-laws. [Section 217 substituted vide Act No.33 of 2011.]
218Section 218
219Section 219
220Bye-laws to be available for purchase and inspection
221Regulation of felling of trees within municipal limits

Chapter XIIIProcedure, Power of Entry and Inspection

222Inspection of drains privies and cesspools
223Inspection of building etc
224Other powers of entry on buildings or land
225Power to inspect places for sale of food or drink etc, and to seize un-wholesome articles exposed for sale
226Inspections of place for illicit slaughter of animals
227Refusal to allow inspection
228Search for inflammable or explosive material in excess of authorised quantity
229Power of entry for the purpose of preventing spread of disease
230Authorisation of powers
231Precautions to be observed in entering dwelling
232Reasonable time for compliance to be fixed
233Authentication, service and validity of notices
234Service when owner and occupier are different persons
235Mode of giving notice to owner or occupier of property
236Publication of public notices
237Penalty for disobedience of orders of municipalities
238Compensation for damage
239Power of municipality in the event of non-compliance
240Penalty for obstruction
241Recovery of cost of execution
242Prohibition of erection of building without sanction
243Erection of building
244
245Condition of valid notice
246Sanction or refusal of building or work
247When building or work may be proceeded with
248Sanction accorded under misrepresentation

Chapter XIVFinancial Control and Audit

249Presentation of accounts and budget of municipality
250Revision of budget
251Supplementary budget
252Maintenance of accounts and restriction of expenditure
253Transmission of accounts
254Power to write off irrecoverable sums
255Audit of accounts
256Action by municipality on audit report
257Recovery of amounts disallowed
258Procedure for recovery of dues of municipality
259Conditions of distraint and sale

Chapter XVDevelopment Plans and District Planning Committee

260Preparation of development plan
261District Planning Committees

Chapter XVIControl

262Control by Deputy Commissioner
263Power to suspend execution of orders, etc
264Power of Deputy Commissioner in emergency
265Powers to provide for performance of duties in case of default of municipality
266Action of Deputy Commissioner to be immediately reported
267Power of State Government to give directions
268Exercise of committee's power pending establishment of municipality
269Power of State Government and its officers over municipality
270General powers of State Government
271Power of State Government to dissolve municipality for default, abuse of powers, etc
272Suspension of office bearers of municipalities
273Removal of office bearers of municipality
274Power to call for record
275Power of inspection and supervision
276Technical supervision and inspections
277Taking over of certain branches or departments of the municipality
278Disputes
279Power of State Government to frame forms and make rules

Chapter XVIIDisputes Relating to Election

280Definitions
281State Election commission
281A[ Requisitioning of premises, vehicles etc., for election purpose. [Section 281-A. inserted vide Act No. 23 of 2000.]
282Officers authorised to hear election petitions
283Election petitions
284Presentation of petitions
284A[ Parties to the petition. [Section 284-A. inserted vide Act No. 23 of 2000.]
285Contents of petition
286Procedure on receiving election petition
287Withdrawal and transfer of petitions
288Procedure before the authorised officers
289Appearance before the authorised officer
290Power of the authorised officer
291Documentary evidence
292Secrecy of voting
293Answering of incriminating questions and certificate of indemnity
294Expenses of witnesses
295Decision of the authorised officer
296Grounds for setting aside election
297Abatement of election petition
298Permission for use of new burning or burial ground
299Power to require closing of burning and burial grounds
300Removal of corpses
301Disposal of dead animals
303Power of Commissioner to require removal or abatement of nuisance
304Registration and control of dogs

Chapter XVIIIMiscellaneous

305Appointment of Executive Officers/Secretaries in municipalities
306Posts in municipality and appointments thereto
307Officers and other employees not to be interested in any contract etc. with municipality
308Power to enquire and report about misconduct of certain officers or officials
309Power to remove difficulties
310Repeal of H.P. Act No. 19 of 1968
311Repeal of Himachal Pradesh Ordinance No. 2 of 1994
312Limitation on operation of this Chapter
313Provision of municipal markets and slaughter houses
314Use of municipal markets
315Private markets and slaughter houses
316Conditions of grant of license for private market
317Prohibition of keeping markets open without licence etc
318Prohibition of use of unlicensed market
319Prohibition of business and trade
320Levy of stallages, rent and fees
321
322Butcher's, fishmonger's and poulterer's licence
323
324Premises not to be used for certain purposes without licence
325Seizure of certain animals
326
327Licences for hawking articles etc
328
329Licencing and control of theatre, circuses and places of public amusement
330Power of Commissioner to stop use of premises used in contravention of licences
331
332Improvement scheme
333Matters to be provided for in an improvement scheme
334
335Publication of the notice after scheme is sanctioned
336Rehousing scheme
337
338Provisions of housing accommodation for the economically weaker sections
339Prohibiting felling, cutting, damaging, destroying any tree in any urban area
340Constitution of Tree Authority
341Meeting of Tree Authority
342Duties of Tree Authority
343Appointment of Tree Officer
344Application for permission for cutting/felling or removal of a tree
345Permission for felling of tree
346Planting of adequate number of trees
347Planting in place of fallen/destroyed trees
348Responsibilities for preservation of trees
349
350Appeals
351Seizure
352Penalty
353Compounding of offences
354Operation of other laws not barred
355Power to make rules
356
357Power of entry and inspection
358Power to enter land, adjoining land in relation to any work
359Breaking into building
360Time of making entry
361Consent ordinarily to be obtained
362Regard to be had to social or religious usages
363Prohibition of obstruction or molestration in execution of work
364Public notices how to be made known
365Newspaper in which advertisement of notices to be published
366
367
368Signature on notices etc, may be stamped
369
370Service of notices, etc
371Power in case of non-compliance with notice, etc
372Liability of occupier to pay in default of owner
373Execution of work by occupier in default of owner and deduction of expenses from rent
374Relief to agents and trustees
375General power to pay compensation
376Compensation to be paid by offenders for damage caused by them
377Mode of recovery of certain dues
378Right of owner to apply to court of the District Judge in case of obstruction by occupier
379General powers and procedure of the court of District Judge
380Fees in proceeding before court of the District Judge
381Repayment of half fees on settlement before hearing
382Power of the court of District Judge to delegate certain powers and to make rules
383Punishment for certain offences
384General
385Offences by Companies
386Police establishments
387Arrest of offenders
388
389Prosecution
390Composition of offences
391Protection of action of the Corporation etc
392Notice to be given of suits
393Supplemental provisions respecting rules
394Supplemental provisions respecting regulations
395Powers to make bye-laws
396Penalty for breaches of bye-laws
398Bye-laws to be available for inspection and purchase
399Power of Government to require production of documents
400Inspections
401Power to give directions
402Power to provide for enforcement of direction under section 401
403Power of revision
404Dissolution of Corporation
405Delegation
406Validity of notices and other documents
407Admissibility of document or entry as evidence
408Evidence of Corporation Officer or employee
409Prohibition against obstruction of Mayor or any Corporation authority etc
410Prohibition against removal of mark
411Prohibition against removal or obliteration of notice
412Prohibition against unauthorised removal of deposit etc
413
414Councillor and Corporation Officers and employees to be public servants
415Annual Administration report
416Construction of reference
417Special provisions as to rural areas
418Power to suspend any resolution or order of Corporation
419Power of Government to modify proceedings
420Power of Government to withdraw any area of Municipal area, from operation of Act
421District Planning Committees
422Transitional provisions
423Provisions regarding officers and employees
424Assets, liabilities, debts obligations, contracts and pending proceedings
425Provision for municipality or local authority which is superseded or dissolved
426Power to enquire and make report about misconduct of certain officer or officials
427Power to remove difficulties
428
429

Previous: Section 218 Next: Section 220

HPMC Act 219Chapter XI · Bye-Laws

Section 219 · Section 219

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[***] [Omitted 'section 219' by Act No. 33 of 2011.]

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