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Section 7: Application for grant and renewal of a pass for restricted roads and procedure

The Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007State Act of Himachal Pradesh · Act 2 of 2008

(1) An application for grant of a pass for driving a vehicle on a restricted road shall be made, in such form as may be specified by notification, addressed to the 2[Deputy Commissioner:]

3[Provided that in the case of the Speaker, Deputy Speaker or Members of the Himachal Pradesh Legislative Assembly, an application for grant or renewal of a pass for plying a vehicle on a restricted road shall be addressed to the Secretary, Himachal Pradesh Legislative Assembly, who shall be competent to grant or renew the pass:

Provided further that in the case of the Members of Parliament from Himachal Pradesh, the application for grant or renewal of a pass for plying a vehicle on a restricted road shall be made to the Home Department by a person duly authorized by them:

Provided further that in the case of the Mayor, the Deputy Mayor or the Councilors, Municipal Corporation, Shimla, the application for grant or renewal of a pass for plying a vehicle on a restricted road shall be addressed to the Commissioner, Municipal Corporation, Shimla, who shall forward the same to Deputy Commissioner:

1 Ins. vide ibid.

2. Subs. for the words “Under Secretary (Home) to the State Government” vide Act No. 6 of 2010.

3 Subs. vide ibid.

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Provided further that all cases where pass is required both for sealed and restricted roads, the application for grant of a pass shall be made, in such form as may be specified by a notification and addressed to the Under Secretary(Home) to the State Government.]

1[(2) A non-refundable fee of Rs.100/- for private vehicles shall be charged for processing of a case for a pass for plying a vehicle on a restricted road:

Provided that one private vehicle registered in the name of the Member of Himachal Pradesh Legislative Assembly shall be deemed to be official vehicle for the purposes of sub-section (2 ) of section 7, in case such Member has no official vehicle.

(3) A fee of Rs.1000/- shall be charged for grant of a pass for a private vehicle per road per annum:

Provided that one private vehicle registered in the name of the Member of Himachal Pradesh Legislative Assembly shall be deemed to be official vehicle for the purpose of sub-section (3) of section 7, in case such Member has no official vehicle.]

(4) The pass for driving a vehicle on a restricted road may be renewed annually by the 2[concerned issuing authority] on payment of the fee as provided in sub-section (3) and in case the application for renewal is not made by the applicant before the expiry of its validity period, the pass shall stand lapsed:

Provided that if the applicant proves that there were sufficient reasons for not making an application for renewal in time, the pass may be renewed on payment of fee as provided in sub-section (3) along with a late fee of Rs. 200 per month or part thereof.

(5) The application for grant or renewal of a pass for a restricted road for an official vehicle shall be accompanied by the following documents, namely:— 3[(a) A certificate of deployment of official vehicle or public utility vehicle from the Secretary (General Administration Department) to the State Government or the Head of the Office, as the case may be;]

(b) Self-Certification (where applicable) by the Secretary (General Administration Department) or the Head of the Office to the effect that the office or residence is on a sealed or restricted road, as the case may be, and is not approachable from any of the restricted or any other roads;

1 Subs. sections (2) and (3) subs. vide ibid.

2 Subs. for the words and sign “issuing authority or by Assistant Commissioner to Divisional Commissioner, Shimla if so authorized,” vide Act No. 6 of 2010.

3 Clause (a) subs. vide Act No. 6 of 2010.

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(c) Proof of payment of processing fee in case of a new application and a photocopy of the previous pass in case of renewal of a pass;

(d) Copy of a valid ‘Pollution under Control’ Certificate issued by the concerned authority; and

(e) Such other documents as may be specified, by notification:

1[Provided that in respect of official vehicles of the State Government, the application shall be made by an authorized officer of the General Administration Department, except in cases of Judges of the High Court of Himachal Pradesh in respect of which the Registrar General or an officer authorized in this behalf, shall make an application:

Provided further that in respect of official vehicles of the Central Government, Autonomous Bodies, Statutory Boards or Corporations, the application shall be made by their authorized officer]

(6) The application for grant or renewal of a pass for a restricted road for a private vehicle shall be accompanied by the following documents, namely:-—

(a) Attested photocopy of the Registration Certificate of the vehicle in proof that the applicant is the owner of the vehicle;

(b) Self Certified proof (where applicable) of residence 2[or office] of the applicant on sealed or restricted road, as the case may be;

(c) Certificate (where applicable) from the duly authorized officer of the office of the Deputy Commissioner, Shimla to the effect that the residence on the sealed or restricted road, as the case may be, is not approachable from any other road and that the applicant has his own garage or has a facility of a regular parking place;

(d) Proof of payment of processing fee in case of a new application, and a photocopy of the previous pass in case of renewal of a pass;

(e) Copy of a valid ‘Pollution under Control’ Certificate issued by the concerned authority; and

(f) Such other documents as may be specified, by notification.

(7) All applications shall be acknowledged, registered and processed under the provisions of this Act.

(8) A pass for a restricted road shall be issued, in such form as may be specified by notification, under the signatures and seal of 3[concerned issuing authority] on payment of fee as provided in sub-section (3) and the pass shall have a distinct colour and shape, as may be determined by the Home

1. Subs. vide Act No. 6 of 2010.

2. Ins. vide Act No. 6 of 2010.

3 Ins. an officer not below the rank of Under Secretary (Home) to the State Government or Assistant Commissioner vide Act No. 6 of 2010.

13 Department from time to time; and shall be displayed on the wind screen of the vehicle:

Provided that if the pass is issued in respect of more than one restricted road, a consolidated pass shall be issued on payment of fee as provided in sub-section (3) in such form as may be specified by notification.

8. Grant of temporary passes in certain circumstances. 1[(1) A temporary pass may be issued on such conditions as may be specified in the pass, in the public interest for a sealed road, to the official vehicles deployed for official function at a venue approachable only by sealed road and such venue is not approachable from a restricted road or any other road, as the case may be.]

(2) A Temporary pass may also be issued to a public utility vehicle whose plying on such sealed roads is in the public interest, on such terms and conditions as may be specified in the pass.

(3) A temporary pass for a sealed road may be issued on payment of fee of Rs. 200 per day per vehicle for maximum period of seven days, on application made to the Under Secretary (Home) to the State Government 2[or the Secretary, Himachal Pradesh Legislative Assembly, as the case may be,] in such form as may be specified by notification, at least 2 days in advance with supporting documents, and the pass shall be issued in such form as may be specified by a notification issued from time to time, under the signatures and seal of an officer not below the rank of the Under Secretary (Home) to the State Government; and the said pass shall have a distinct colour and shape, as determined by the Home Department from time to time; and the same shall be displayed on the wind screen of the vehicle:

Provided that if the pass is issued for more than one sealed road, a consolidated pass shall be issued on payment of fee as provided in sub-section

(3) of section 6 in such form as may be specified by notification.

(4) A temporary pass for a restricted road may be issued on payment of a fee of Rs.100 per day, for a maximum period of 7 days, on an application made to the 3[Deputy Commission, Shimla] in such form as may be specified by notification, with reasons in support thereof, subject to the condition that the plying of the vehicle is not likely to cause danger or annoyance to pedestrians; and the said pass shall have a distinct colour and shape, as determined by the Home Department from time to time and the same shall be displayed on the wind screen of the vehicle:

Provided that if the pass is issued for more than one restricted road, a consolidated pass shall be issued on payment of fee as provided in sub-section

(3) in such form as may be specified by notification.

1 Sub-section (1) subs. vide ibid.

2 Ins. vide Act No. 6 of 2010.

3 Subs. for the words and brackets “Under Secretary (Home) to the State Government” vide Act No. 6 of 2010.

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(5) Temporary passes for sealed and restricted roads for the purpose of shooting of films or for any commercial or entertainment purpose may be granted by the Secretary (Home) to the State Government for a maximum period of 7 days on payment of a fee of Rs.3000 per day per 1[private] vehicle upto a maximum of 10 vehicles:

Provided that in order to avoid danger or annoyance to pedestrians, conditions may be imposed while granting a pass, in relation to the hours of its validity and parking restrictions.

2[(6) The application for issue of temporary passes under this section may be made by an authorized officer of the concerned Department.]

Where this provision sits

ActThe Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007
Section7
Marginal noteApplication for grant and renewal of a pass for restricted roads and procedure
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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