THE MUNICIPAL CORPORATION SHIMLA (CONTROLAND REGULATION) HAWKERS BYE-LAWS, 2004
Short title and commencement.
These bye-laws may called “The Shimla Municipal Corporation (Control and Regulation) Hawkers Bye-Laws, 2004
1.They shall come into force immediately after their publication in the official gazettee.
2. In theses bye-laws unless the context otherwise requires:-
(a) “Deposit” means to place any articles on or above the surface of a public street for the purpose of sale.
(b) “Hawkers” means a persons who deposits goods for sale in a public street and includes a Behangiwala, Khonchewala and pheriwala.
(c) “Licensing Officer” means the Oficer or official appointed by the Commissioner for granting license under these bye-laws.
3. No Hawker shall deposit or cause to be deposited goods for sale or other articles in any public street within Municipal Corporation Limit except under the written permission granted by the Commissioner, Municipal Corporation, Shimla or the licensing officer/official authorised by him in this behalf in the form of a license annexed to these bye laws subject to the conditions contained in the said written permission.
4. The license fee shall be decided by the Commissioner, Municipal Corporation, Shimla from time to time.
5. Such permission shall, unless, specified otherwise in the license be valid for all public streets within Municipal Corporation subject to such conditions as may be imposed.
6. The Commissioner or the licensing officer/official limit the time during which Hawkers may be permitted to operate either generally or specially in respect of any class of articles or in any particular public street.
7. The license shall not be transferable except to a member of the family previously nominated and otherwise qualified with the permission of the Commissioner or licensing officer authorized by him in this behalf.
8. The license shall not be granted to:-
(a) a person suffering form any loathsome infectious or contagious disease.
(b) a person under the age of twelve years.
(c) a person convicted for unlawful sale or possession under th excise, opium or Dangerous Drugs Acts within three years of the data of conviction, or
(d) a person who has been found to have habitually committed to breach of these bye laws or of the terms of the license.
9. Subject to bye-laws, 8, license to any person who applied in writing to the Commissioner or officer authorized by him in this behalf and tenders the prescribed fee shall be granted by that officer, unless for reasons to be recorded in writing by him, he considers the applicant not a fit person for the grant of such a license.
10. The license shall be liable to pay Teh-Bajari in addition to the license fee at the rates to be decided by the Commissioner, Municipal Corporation from time to time, Teh-Bajari shall be charged weekly in advance.
11. If the Commissioner or the officer duly authorized by him in this behalf is satisfied, after giving and opportunity to the person to whom the license has been granted to explain any circumstances appearing against him, that a breach of these bye-laws or any of the conditions of the license has been committed he may not withstanding any other penalty to which the person to whom the license has been granted may be liable under these bye-laws or any other laws cancel or withdraw the license. In such case the license will have to quit and vacate the premises with in the period give to him.
12. No substitute an alternative space shall be provided by the Corporation.
In Govt. of Himachal Pradesh
Local Self Govt. Department
NOTIFICATION
No. LSG-A(9)-8/81 Dated 4.4.83, Shimla-2
In exercise of the powers conferred by Section 397 of the Himachal Pradesh Municipal Corporation, Act, 1979 (Act No. 20 of 1979) the Governor, Himachal Pradesh having approved the “Shimla Municipal Corporation (Control and Regulation) Hawkers Bye-Laws” framed by the Municipal Corporation Shimla in exercise of the powers conferred by Section 395 (j) (6) of the above Act is pleased to notify the same in the official Gazette.
THE MUNICIPAL CORPORATION SHIMLA
(CONTROL AND REGULATION) HAWKERS BYE-LAWS.
Short title and Commencement:-
These bye-laws may be called “The Shimla Municipal Corporation (Control and Regulation) Hawkers Bye-laws 1982”.
1. They shall come into force after 30 days from the date of their Publications in the official gazette.
2. In these bye-laws unless the context otherwise requires:-
(a) Deposit means to place any articles on or above the surface of a public street for purpose of sale;
(b) “Hawkers” means a persons who deposits good for sale in a public street and includes a Behangiwala, Khonchewala, and pheriwala;
(c) “Licensing officer” means the officer appointed by the commissioner for granting licence under these bye-laws.
3. No Hawker shall deposit or cause to be deposited goods for sale or other articles in any public street with in Shimla City except under the written permission granted by the Commissioner, Municipal Corporation, Shimla or the licensing officer authorised by him in this behalf in the form of a licence in annexed to these bye-laws subject to the conditions contained in the said written permission.
4. The licence fee shall be decided by the Commissioner Municipal Corporation, Shimla from time to time.
5. Such permission shall, unless, specified otherwise in the licence be valid for all public streets in Shimla city subject to such conditions as may be imposed.
6. The Commissioner or the licensing officer may limit the time during which Hawkers may be permitted to operate either generally or specially in respect of any class of articles or in any particular public street.
7. The licence shall not be transferable except to a member of the family previously nominated otherwise qualified with the permission of the Commissioner or licensing officer authorised by him in this behalf.
8. The license shall not be granted to:-
a) a person suffering from any loathsome, infectious or contagious disease;
b) a person under the age of twelve vears;
c) a persons convicted for u-nlawfal sale or possession under the excise, opium or Dangerous Drugs Acts with in three years of the date of conviction, or
d) a person who has been found to have habitually committed to branch of these bye laws or the of the terms of the license.
9. Subject to bye-laws, 8, licence to any person who applied in writting to the Commissioner or officer authorised by him in this behalf and tenders the prescribed fee shall be granted by that officer, unless for reasons to be recorded in writing by him, he considers the applicant not a fit person for the grant of such a license.
10. The license shall be liable to pay Teh-bajari in addition to the license fee at the rated to be decided by the Commissioner Municipal Corporation from time to time, Teh-bazari shall be charged weekly in advance.
11. If the Commissioner or the officer duly authorised by him in this behalf is satisfied, after giving an opportunity to the person to whom the license has been granted to explain any circumstances appearing against him, that a breach of these bye-laws or any of the conditions of the license has been committed, he may not withstanding any other penalty to which the person to whom the license has been granted may be liable under these bye-laws or any other laws cancel or withdraw the license. In such case the license will have to quit and vacate the premises with in the period given to him.
12. No substitute and alternate accommodation will be provided by the Corporation.
13. In case the Teh Bazari falls in to arrears for a month, his license will be deemed to have been cancelled and he will have to vacate the site and the Teh-bazari dues shall be recoverable as arrear of taxes.
14. No licensee shall use the site more than the sanctioned one i.e. 1x1 1/2 metre
(One metre in breadth and 1 1/2 metre in length) and if any extension is detected action against him will be taken by the Corporation Health Officer under section 247 and 427 of the H.P. Municipal Corporation Act 1979.
15. The licensee will have to keep the site at all times in a clean and senitary condition ot the satisfaction of the Corporation Health Officer. The licensee shall not dig or cause to dug any pit upon the site for keeping refuse rubbish etc. thereon.
16. The licensee will have to get the permission renewed after the expire of each financial years.
17. The licensee may table care that there should not be any hindrance in the traffic due to his occupation of the site.
18. The licensee shall not arise any type of structure what sooner at the site of his hawking.
19. Any person who committs a breach of these bye-laws shall on conviction by a Magistrate, be punishable with fine which may extend to one hundred rupees and when the breach is a continuing breach with a further fine which may extend to twenty rupees for every day after first during which the breach continues.
FORM-A
License to deposit good for sale or other articles on a public plan.
NOT TRANSFERABLE
No.--------------------------------
------------------------------------ Hawkers is here by permitted to deposit the following goods for sale or other articles from---------------------- A.M. to ----------------------- P.M. subject to the conditions specified on the reverse.
Fee
Name of goods
Attested Photograph.
Signature or thumb mark of the hawker.
Date---------------- Licensing Officer
CONDITIONS
1. The licensee shall keep his license with him and shall produce it in demand by the licensing officer or other officer authorised by the Commissioner of the Municipal Corporation or police officials.
2. The licensee shall not deposit his goods for sale in a public streets for longer hours then is necessary to affect the sale and in particular shall not deposit his goods for display when not actually attending to a customer.
3. The licensee shall carry with him a repeatable for waste matter and shall deposit on cause to be deposited by his customers all waste matter from his goods therein.
5. The license shall not halt or deposit his goods for sale on may manhole, sewer gutter or grating.
6. The licensee shall protect with fly -proff cover all article liable to attract flies.
7. The licensee shall on demand permit any sanitary Inspection to inspect or take any sample of any article of food or drink and such officer shall have the power to destroy respective of the permission, any article of food of drink which he deems to be unwhole some.
8. The licensee and the person or persons in his employ and attending to the customers shall be cleanly cland and shall be force from any loath some, infectious or contagious disease.
9. The licensee will obey of all such instructions or may be given by the official of the health department for protection and cleanliness or articles of food or drink.
10. Soliciting alms by the licensee or any person accom any him shall render the license liable to cancellation.
11. The licensee shall not carry or ring any bell or use any mechanical or other contrivance to attract customers.
12. Any breach of terms of the licensee of the bye-laws shall render the licensee liable to cancellation or withdrawal without prejudice to any other penalty to which the person to whom the license has been granted may have rendered himself liable. In that case the licensee will have to quit and vacate the premises within the premises with in the period given to him.
13. The licensee shall be liable to pay teh-bazari in a addition to the licensee fee, at the rates to bedecided by the commissioner Municipal Corporation, Shimla from time to time. Tehbazari shall charged weekly in advance.
14. No substitute and alternate accommodation will be provided by the corporation.
15. In case the Tehbazari falls into arrears for a month, his license will be deemed to have been cancelled and he will have to vacate the site and the Tehbazari dues shall be recoverable as arrear of taxes.
16. No licensee shall use the site more than the sanctioned one i.e. I metre x1 1/2 metre (One metre in bradth and 1 1/2 metre in length) and if any extection is detected action against him will be taken by the corporation Health Officer under Section 247 and 427 of the H.P. Municipal Corporation on Act, 1979.
17. The licensee will have to keep the site at all times in a clean and sanitary condition to the satisfaction of the satisfaction of the corporation Health Officer. The licencee shall not dig or cause to be dug any pit upon the site for keeping refuse rubbish etc. thereon.
18. The licensee may take care that there should not be any hindrance in the traffic due to his occupation of the site.
19. The licensee shall not raise any type on structure whatsoever, at the site of his hawking.
By Order,
Secretary (LSG) to the
Govt. of H.P.
No. LSG-A(9)-8/81 dated Shimla-2 the 4.4.83
Copy forwarded to:-
1. The Deputy Controller, Printing and Stationery H.P. for favour or publication in the extra ordinary Rajpatras. A copy of the Rajpatra containing the above Notification along with 4 spare copies may kindly be supplied to this Department.
2. The Divisional Commissioner, H.P. Shimla for information.
3. The Deputy Commissioner, Shimla Distt. Shimla for information.
4. The Commissioner, Shimla Municipal Corporation, Shimla for information and necessary actin with reference to his letter No. GA/886/Govt.. 81-1464 dated 7.4. 1982.
Under Secretary (LSG) to the
Govt. of Himachal Pradesh.