THE SHIMLA MUNICIPAL CORPORATION (MANAGEMENT AND CONTROL) OF LABOUR HOSTELS BYE-LAWS 1982.
1. Short title and Commencement:-
(i) These bye-laws may be called “The Shimla Municipal Corporation (Management and Control) of Labour Hostels Bey-Laws, 1982”.
(ii) These shall come into force on and from the date of Notification.
2. Definitions:-
(i) “Labour Hotesl” means that the labour hostels so for being run under the charge of Municipal Corporation, Shimla and shall include poor houses established under section 44 of the Himachal Pradesh Municipal Corporation, Act, 1979.
(ii) “Labourer” means a labourer who is not a regular or casual employee of Govt. or any firm or a corporation body, but is employed on usual labour on day to day arrangements and do not own any house within 5 K.M. from the outer bounderies of the City.
Coolies working in any part of the City except Railway Station coolies shall be considered as Labourers for the purposes of these Bye-Laws.
3. Management & Control:-
The labour hostels shall be run and managed under the direct control of the TAx-Department of the Municipal Corporation as per directions of the Commissioner, Municipal Corporation, Shimla.
4. Permission:
The permission to stay in any labour hostel shall be granted by the Commissioner or any Municipal Corporation Officer or official authorised by him in this behalf on payment of a fee of Rs. 1.50 per day. In addition paise 50 per day shall be charged for water and electricity.
5. The grantee shall apply to Commissioner, Municipal Corporatin for permissin to stay in the labour hostel in the prescribed form available from Corporation Office on payment of Rs. 0.50 paise.
6. The grantee shall be bound to abide bythe conditions laid down by the Commissioner at the time of garnting such permission.
7. No permission shall be granted to a labourer:-
(a) Who has got regular job;
(b) Who is suffering from a oathson, contagious or infections disease;
(c) Who is under 12 years of age;
(d) Who has been convicted for commiting the offences of theft, gambling, drinking in public place or for any other offence of moral tarpitude;
(e) Who is an adict to drugs or other intexicents;
(f) Who has been found to have habitually committed breach of thse bye-laws or of the terms to permission.
8. These labour hostels shall not be given on lease of contract to any body for any purpose and shall be used exclusively for theresidence of labourers.
9. The Commissioner shall be competent to cancel any permissin granted to any labourer to stay in the labour hostel by giving one month notice with reasons of cancellation.
10. The Commissioner, Officer of the Corporatin and nay other official of the Corporation authorised by the Commissioner shall have the power to enter and inspect any labour hostel at any time during day and night.
11. Every labourers shall be allotted a space of 8’x4’ in case of dormitories and in case of small rooms, the space shall eb allotted depending upon the size of the room.
12. Guests of the Labourers can stay upto two days without any oxtra payment beyond which they shall be charged at 50% of the prescribed fee upto a maximum period of ten days. The intimation regarding stay of a guest shall be given to the Corporation Office within 12 hours from the arrival of a guest in the hostel. If any labourer fails to give information as required above, he shall be liable to pay fee at full rate and a penalty of Rs. 5/-.
13. No labourer staying in the labour hostel shall have any claim of lease or tenancy etc. over the premises where he has been allowed to stay.
14. The Corporation shall maintain registers of occupation of each hostel as the Commissioner may prescribe.
15. The Corporation shall be responsible for maintaining proper sanitary conditions in the hostels and also for its daily cleanliness.
16. Every person granted permission under these bye-laws shall be bound to produce the permission as and when required to do so by the Commissioner or any other M.C. employee authorised in this behalf or any police Officer or Megistrate.
17. Any person found staying unauthorisedly without permission or in contravention of any term of the permission of in contravention of any directions issued in this behalf the Commissioner shall be liable to be punished under Section 396 of Himachal Pradesh Municipal Corporation, Act 1979.
By Order
C.B. Parsheera
Secretary (LSG) to the
Govt. of H.P.
No.-LSG A-5118/81,Dated Shimla-2, the Ist Jan. 1983
Copy forwarded to:-
1. The Deputy Controller Printing & Stationery, H.P. Shimla for immdiate publicatio in the extraordinery issue of Himachal Pradesh Rajpatra. A Copy of the Rajpatra containing thse above notification alongwith 4 spare copies may kindly be sent to this Department.
2. The Deputy Commissioner, Shimla Distt. Shimla for favour of information & n/c.
3. The Divisional Commissioner, Shimla, H.P. for favour of information.
4. The Commissioner, Municipal Corporation, Shimla for information and necessary action with reference to his letter No. MCS/GA/361/Govt./81-5929, dated 15.10.1982.
Under Secretary (LSG) to the
Govt. of Himachal Pradesh.
FORM OF APPLICATION
From
______________________
______________________
______________________
To
The Commissioner,
Municipal Corporation,
Shimla.
Subject: Application for grant of permission to stay in Labour Hostel.
Sir,
I am a casual labourer working-------------------------------------------------------------------------------- (locality) and I want to stay in Municipal Corporation Labour Hostel located at------------------------------- from--------------------to--------------.
My permanent addressed is----------------------------------------------------------------------.
I undertake that I shall abide by all the conditions of the permission and any other direction of the Municipal authorities. I shall grateful if necessary permission is granted to me.
Yours faithfully,
(Name & Address of the
Applicant)
Dated---------------.
FORM OF PERMISSION TO STAY IN LABOUR HOSTELS.
(Not transferable)
No..........................L......................
Shri----------------------- Labourer, s/o---------------------------------------- resident of --------------------------------------------------------------- is allowed to stay in Labour Hostel at ----------------------------- from--------------------------------- to ------------------- subject to the conditions given on reverse.
Fee------------------------- Rs.------------
Attested photographs in case of stay for more than 30 days.
Signature or thumb mark of the grantee.
Date------------------
Commissioner or Authorised Officer
CONDITIONS
1. The grantee shall stay only in the hostel/poor house for which the permission has been granted.
2. The grantee shall not damage the hostel or any property of the corporation in the hostel in any manner. In case any damage is caused by him, he shall be liable to pay the damage as assessed by the Corporation authorities.
3. The grantee shall not use drugs, intexicants etc. in the hostel premises.
4. The grantee shall not indulge in social vices like gambling etc. in the hostel premises.
5. The grantee shall not stay beyond the period for which the permission has been granted and if he does so, he can be summarily removed by the Commissioner.
6. He shall keep the hotel premises neat and clean.
Authoritative English Text of Notification No. LSG-A (5)-18/81., dated 24th March is hereby published as required under Article 348 (3) of the Constitution of India.
Government of Himachal Pradesh
Local Self Government Department.
No. LSG-A(5)-18/81 NOTIFICATION dated:-
In exercise of the powers conferred by section 397 of the Himachal Pradesh Municipal Corporation Act, 1979 (Act No.9 of 1980), the Governor, Himachal Pradesh is pleased to approve the following Shimla Municipal Corproation (Management and control of Labour Hostel) (First Amendment) Bye-Laws, 1986, framed by the Municipal Corporation of Shimla in exercise of the powers confered by section 395 of the aforesaid Act and to publish the same in the official Gazette:-
1. Short Title and Commencement:- (1) These Bye-Laws may be called “The Shimla Municipal Corporation(Management and Control of Labour Hostel) (First Amendment) Bye-laws, 1986.
(2) These shall come into force from the date of their publication of this notification in the official Gazette.
2. Substitution of Bye-law No.4- For he existing bye-laws 4, the following bye-law shall be substituted, namely:-
“4, Permission:- The permission to stay in any labour hostel shall eb granted by the commissioner or any other officer/official, authorised by him in this behalf, on payment of occupation charges @ Rs. 20/- per month per labourer.
Explanation:- For this purpose the expression “Occupation charges “shall include water and electricity charges.”
By order
Secretary (LSG) to the
Govt. of H.P.
No. LSG-A(5)-18/81- Dated 24th March, 86.
Copy forwarded to:-
1. The Controller, Printing and Stationery, H.P. Govt. Shimla, for immediate publication in the official Gazette (extra-ordinary) issue of the H.P. Rajpatra. A copy of the Rajpatra containing the above Notification alongwith 4 spare copies may kindly be sent to this Department.
2. The Divisional Commissioner, Shimla for information.
3. The Deputy Commissioner, Shimla Distt. Shimla for favour of information and necessary action.
4. The Commissioner, Municipal Corporation, Shimla for information and necessary action with reference to his letter No. MCS/GA/576/As. Tax/85-2111, dated 6.4.86.
5. Deputy Legal Remembrancer to the Govt. of H.P. Shimla.
6. The Under Secretary (Law Department) Govt. of H.P.
7. The Assistant Legistative Draftsman, Legislation Cell, Armsdale Building, 6th Floor, HP. Sectt. Shimla.
Under Secretary (LSG) to the H.P.