Haryana Municipal Streets (Placing of Takhats) Bye-laws, 1976
Published vide Haryana Government Notification No. GSR 93/..../76, dated 16.4.76
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- Short title and commencement.- (1) These bye-laws may be called the Haryana Municipal Streets (Placing of Takhats) Bye-laws, 1976.
(2) They shall apply to all the municipalities.
- Definitions.- In these bye-laws, unless the context otherwise requires, -
(a) "Act" means the Haryana Municipal Act, 1973;
(b) "premises" means any land, whether used for agricultural or for non-agricultural purposes, or any building or a part thereof and includes-
(i) the garden grounds and out-houses, if any, appertaining to such building or part thereof; and
(ii) any fittings to such building or part thereof for the more beneficial enjoyment thereof;
(c) "Section" means a section of the Act;
(d) "shop" means a building or part thereof where articles of food or of personal, domestic and house-hold use and consumption are sold and goods of any kind are retailed, or in which any other trade or business is carried on, but does not include a staircase or any part thereof or any open site, whether against a wall or otherwise even if such staircase or part thereof or the open site is being used for any of the said purposes; and
(e) "Takhat" means a portable projection made of wood fixed by hinges to the plinth level of a shop and supported either by ropes, chains or bars attached to the door frame or the walls of the shop or props resting in the street or by both. It shall, for the purposes of bye-law 8, also include a frame work of wood or metal having props resting on the ground.
- Prohibition to keep or place Takhat.- (1) No person shall project or cause to be projected Takhat on a street or in a public place except with the permission of the municipal committee granted in accordance with these bye-laws.
(2) No permission for Takhat shall be given :-
(i) in streets which may, from time to time, be declared by the committee as prohibited; and
(ii) within four metres of a crossing, turning or junction of streets open to vehicular traffic; provided that a Takhat may be permitted in accordance with bye-law 4 if foot-paths of not less than 2.50 metres exist on either side of the street.
(3) No permission for a Takhat shall be given except in front of a shop.
(4) No Takhat shall be permitted in front of shops -
(i) which abut on a municipal Chabutara; or
(ii) which abut on Toredar Chabutaras.
- Regulation of a size of Takhat.- The maximum permissible width of a Takhat shall be 0.6 metre measured from the facade of the shop to which it is fixed, and shall be regulated as under with reference to the width of the street on which the shop abuts:
Provided that in the streets, where there are deep surface drains, a Takhat not projecting beyond the outer edge of such drains will be permissible irrespective of the width of the street or of the footpath.
| Width of Street | Width of Takhat | |
| 1. Road without foot-path | (i) more than 7.6 metres | 0.6 metre |
| (ii) between 5.5. metres and 7.6 metres | 0.4 metre | |
| (iii) between 2.5 metres and 5.5 metres | 0.3 metre | |
| 2. Roads having footpath | Subject to the maximum permissible, the width of the Takhat shall be regulated in such a way as to leave clear 1.5 metres width of foot-paths for padestrian traffic, provided that when the width of a foot-path is less than 1.5 metres, no permission for a Takhat shall be given | |
- Grant of permission.- Permission for a Takhat may be granted by Executive Officer or Secretary of Municipal Committee on receipt of an application in the form appended to these bye-laws, which will be available from the office of the municipal committee at a cost of one rupee.
- Conditions of permission.- (1) The Takhat shall not extend beyond the limit of the shop on either side.
(2) The Takhat shall project at a height not less than 0.6 metre from the level of the street; provided that where the height of the plinth of the shop is less than 0.6 metre no permission for Takhat shall be given.
(3) The space underneath the Takhat shall neither be closed in like a sub-board nor be used for stocking goods of any description.
(4) The upper surface of the Takhat shall not be closed in the form of Takhat-bandi or otherwise, nor any structure of permanent or semi-permanent nature shall be placed thereon.
(5) No Bhatties, Angithies, almirahs or similars other structures of a permanent or semi-permanent nature shall be fixed to, on, within or placed over the Takhat.
(6) The Takhat shall be used only for the trade or business carried on the shop, and no portion thereof shall be allowed to be hired out or sub-let or otherwise occupied by a person other than the occupier of the shop.
- Fees.- (1) The rates of the fees chargeable for permission to place Takhats in various localities of streets shall be determined by the Executive Officer or Secretary of the municipal committee with the approval of the Deputy Commissioner.
(2) The fees prescribed under clause (1) shall be payable quarterly in advance before the 15th day of April, July, October and January each year.
(3) In case of non-payment of the fees in accordance with clauses (1) and (2), a late fee at the rate twenty-paise per rupee or fraction thereof per month or part thereof shall be recoverable in case the permission is not revoked.
(4) [......]
(5) In the event of the permission being surrendered by the owner or of its being withdrawn or revoked during the quarter, the fees for the unexpired period of the quarter shall be refundable; provided that a period of fifteen days or more in a month shall be regarded as full month while a period of less than fifteen days shall be regarded as half month.
(6) Notwithstanding any other action that may be taken by the committee under these bye-laws, any arrear of Takhat fee may be removed under Section 95 of the Act.
- Permission to place Takhat on festivals.- Subject to these bye-laws, the committee may grant permission for placing Takhat on streets or public places on the occasion of festivals on such conditions and on payment of such fees as may be prescribed by it for each occasion.
- Surrender or revocation or withdrawal of permission.- (1) The permission granted under these bye-laws shall be purely temporary and may subject to clause (5) of bye-law 7, be withdrawn by the committee at any time without assigning any reason.
(2) The municipal committee may, besides taking any other action under these bye-laws, revoke or withdraw permission in the event of non-payment of fees in accordance with bye-law 7 for breach of any of these bye-laws.
(3) When the permission has been surrendered, withdrawn or revoked, the Takhat shall be liable to be removed.
- Miscellaneous.- (1) An application for permission to place Takhat shall be disposed of within a period of five days of its receipt.
(2) Cases not covered by any of these bye-laws may be decided by the municipal committee in such manner as it thinks fit.
(3) Nothing in these bye-laws shall be deemed to divest or restrict the powers of the committee under Section 182 and that of the Deputy Commissioner under Section 183 in case of Takhats without permission or respect of which permission stands withdrawn or revoked.
- Penalty.- Whoever contravenes any provision of these bye-laws or any condition subject to which permission has been given or fails to comply with any order or direction issued to him by the committee or Deputy Commissioner under any of these bye-laws, shall on conviction by a magistrate, be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees, and when the breach is continuing one, with a further fine of ten rupees for every day after the first during which the breach continues.
- Repeal and saving.- Any bye-laws relating to placing of Takhats in force in the municipalities immediately before the commencement of these bye-laws shall stand repealed :
Provided that any order made or action taken under the bye-laws, so repealed, shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.
Form
Form of Application for Permission for a Takhat
(See bye-law 5)
To
The Executive Officer/Secretary,
Municipal Committee,
___________________
Sir,
I, the undersigned, request for permission for a Takhat in front of the shop of which particulars as given below and of which I am the owner/occupier.
I have read the bye-laws made by the Government in this behalf and undertake to abide by them in the event of the permission applied for being granted.
Yours faithfully,
| Dated | (Signatures) |
Particulars
- Full name of the applicant __________________________________________ (in block letter)
- Father's name___________________________________________________
- Permanent Address______________________________________________
- Mpl. No. of the shop______________________________________________
- Full name of the street on which the shop abuts_________________________
- Name of the Zone_______________________________________________
Office Report
Inspected on______________________
- The street is not/is prohibited.
- Municipal Chabutara exists/does not exist.
- Toredor Chabutara exists/does not exist.
- Bhatties, Angithies, Almirahs, Takhatbandi and other structures of permanent or semi-permanent nature exist/do not exist over and under takhat.
- The shop is not/is within 4 metres of a crossing, turning or a junction.
- Foot-paths exist/do not exist, on one side/both sides and their width in front of the shop is________metres.
- The street is open/not to vehicular traffic.
- The width of the street in front of the shop is _______metres, surface drains exist/do not exist of which the width upto the outer edge is ___________metres.
- (a) The takhat is not permissible for the defect/defects at Sr. No._________
(b) The takhat of a width of _______metres is permissible for which the quarterly fees will be Rs. (Rupees______) alongwith a security of Rs. (Rupees).
| Dated_______ | Inspector |
Order of the Committee
Rejected
Permitted.
Executive Officer/Secretary.
Dated_____________
