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Section 43: Power to make rules

The Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979State Act of Himachal Pradesh · Act 19 of 1979

(1)The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a)the manner of authentication of notices, orders and other instruments of the competent authority;

(b)the preparation of plans for the re-development of any slum area,and matters to be included in such plans;

(c)the form in which an application under sub-section (3) of section 7shall be mad e and the information to be furnished and the fees tobe levied in respect of such application;

(d)the manner in which inquiries may be held under sections 16and 20;

(e)the form and manner in which applications for permission undersub-section (2) of section 20 shall be made and the fees to be leviedin respect of such applications;

(f)the procedure to be followed by the competent authority beforegranting or refusing to grant permission under section 20;

(g)the time and manner within which an appeal may be preferredunder sub-section (7) of section 11or section 21;

(h)the time within which a declaration may be filed under sub-section

(1) or an intimation may be sent under sub-section (4) of section 22and the fees, if any, to be levied in respect of such declaration;

(i)the time within which plans, estimates and other particulars referredto in sub-section (2) of section 22 may be furnished;

(j) the procedure to be followed by the competent authority for fixingthe provisional rent under sub-section (2) of section 22;

(k)the manner in which the rent provisionally determined under section22 shall be communicated to the tenants and owners;

(l)the matter in respect of which provision may be made under subsection (5) of section 23;

(m)the officers and local authorities to whom powers may be delegatedunder section 39; and

(n)any other matter which has to be, or may be, prescribed.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for atotal period of not less than fourteen 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 sessions aforesaid, the Assembly makes any modification in the rule or decides 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, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Where this provision sits

ActThe Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979
Section43
Marginal notePower to make rules
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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