Haryana Municipal (Movable Encroachments or Overhanging Structures) Bye-laws, 1976

Published vide Haryana Government Notification No. 271/...../76, dated 17.12.76

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(1) These bye-laws may be called the Haryana Municipal (Movable Encroachments or Overhanging Structures) Bye-laws, 1976.

(2) They shall apply to all the municipalities.

An application for permission under section 182 shall be made in Form 'A' attached to these bye-laws.

[3. On the acceptance of an application made under bye-law 2, the Executive Officer or the Secretary of the Committee, as the case may be, shall issue to the applicant a licence in Form B on payment of a fee at a rate not exceeding the rate shown below to be fixed by the Deputy Commissioner :-

	A and B class Municipal Committee	C Class Municipal Committee
(i) Ground level movable encorachment i.e. takhat poshes chairs, benches or hawkers	Rs. 1.00 per square foot	Rs. 1.00 per square foot
(ii) Overhanging movable encroachments i.e. chhappers	Rs. 1.50 per square foot	Rs. 1.00 per square foot
(iii) Stalls in non-commercial areas	Rs. 2.00 per square foot	Rs. 100 per square foot
(iv) Stalls in commercial and busy areas	Rs. 5.00 per square foot	Rs. 3.00 per square foot

(a) The maximum limit allowed is two feet. If there is any 'nala' under the projection, the limit can be extended to three feet only.

(b) The licence will be granted with the approval of Deputy Commissioner after proper inspection of the site and after ensuring that there will be no blockage or hindrance of traffic.

Note :- Permission under section 182 shall not be granted as a matter of routine, but it shall be given only for particular purposes on the occassion of certain festivals, such as Dewali, Dussehra, Id. Moharram, Christmas, or for storing materials for purposes of a building and that only for a period not exceeding seven days at a stretch.]

Every licence issued under bye-law 3 shall be subject to the following conditions in addition to such other conditions as the committee may specifically prescribe at the time of the grant of the licence :-

(a) the dimensions of the movable encroachment or overhanging structure, or the portion of the public street permitted to be temporarily occupied shall not exceed those entered in the licence;

(b) every licence shall be revocable by a twelve hours, notice and on the receipt of such notice, the holder of the licence shall remove the movable encroachment or over hanging structure or vacate the public street, as the case may be, provided that when the licence is revoked, any excess fee realised shall be refunded;

(d) every licence shall be valid for such period as may be specified therein subject to a maximum period of one month in the first instance. [-];

(e) if the holder of a licence desires to retain his movable encroachment or over hanging structure or temporary occupation of the public street after the period covered by the licence, he shall apply for its renewal on payment of the [fees prescribed under by-laws 3] on or before the date of expiry of the licence otherwise he shall return the licence within three days of its expiry to the Executive Officer or the Secretary of the Committee, as the case may be, and shall remove the movable encroachment or over hanging structure and vacate the public street before the end of the last day covered by it;

(f) the person holding the licence shall be bound to show it to any municipal officer or [official] authorised by the Committee in this behalf when called upon to do so;

(g) any person not removing the encroachment or structure or not vacating the street on the expiry of the period of the licence or on the receipt of a notice prescribed in clause (b) of this bye-law shall in addition to any other penalty which may be imposed on him, shall be liable to pay double the licence fee;

(h) over hangings, sign boards or ownings shall be set up at a height sufficient to allow free passage to loaded vehicles or animals of all sorts;

(i) a sign board shall be attached to the face of the building of the person permitted to display it in the public street and shall not be hung over the middle of the street;

(j) at the time of the passing of a procession all movable encroachments or over hanging structures shall temporarily be removed to allow free passage to such a procession.

The licence shall be cancelled if any of the conditions of the licence are not complied with.
Penalty.- Any person who commits a breach or abets the breach 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 if the breach is a continuing breach, with a further fine of ten rupees for every day after the first during which the breach continues.
Repeal and Savings.- All bye-laws relating to Movable Encroachments or overhanging structures in force in the municipalities immediately before the commencement of these bye-laws are hereby 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 provision of these bye-laws.

Form A

(Bye-law 2)

(All entries on this side to be filled in by the applicant)

Form

_________________

Municipal Committee__________

As required under section 182 of the Haryana Municipal Act, 1973, I hereby apply for permission for movable encroachment in the form of -

(i) erection/re-erection of ________________________

(ii) encroachment_______________________________

(iii) overhanging structure________________________

(iv) occupying a portion of a public street;

as specified below and situated in _________________

Specification

Nature of the movable encroachment, -

(i) nature and detailed description with dimensions of the movable encroachment or overhanging structure intended to be placed or erected;

(ii) the width of the public street at the point over which the movable encroachment or structure is to be placed or erected;

(iii) in the case of a movable overhanging structure, its height above the level of the public street; and

(iv) where the intention is to occupy a portion of a public street for setting up a stall or for speeding out grain or for placing any goods for sale, or building materials or other articles, the dimensions of the portion of the public street to be so occupied.

If permission is granted, I undertake to abide by the conditions imposed in this behalf.

(Date)

(Signature)

Form A

(Reverse)

(All entries in this side to be filled in by the Committee's Office)

Serial Number of the application_____________________________

Name of the applicant_____________________________________

Site of building (name of street, sector, etc.)____________________

Abstract of application___________________________________

Received on ______________________________________________

(Signatures of the Executive Officer or the Secretary).

No.

Date :

Forwarded to ______________for report before_________________

(Signatures of the Executive Officer or the Secretary).

No.______________ Dated________________

Returned to the Executive Officer/Secretary with the _______report as under :-

(Signatures of the Officer making the report).

Report of the Office

The application is admissible under rules and complies with the bye-laws ________ submitted for orders.

(Signatures of the Executive Officer or the Secretary)

Form 'B'

(Bye-law 4)

Licence for Immovable Encroachment)

This licence is granted to the __________________owner/occupier of _______ which, on all sides, is bounded by or adjacent to -

North________________

East_________________

South________________

West_________________

or is forming part of ____________for__________(insert details of the particular permission granted in terms of clauses (a), (b), (c), (d) and (e) of section 182 of the Haryana Municipal Act, 1973 as the case may be).

This licence is subject to the provisions of Haryana Municipal Encroachments or Overhanging Structures Bye-laws, 1976 and the conditions which may be imposed by the Committee from time to time.
This licence, unless renewed further, is valid upto ___________

Executive Officer or the Secretary

Municipal Committee _______________

Renewed upto_____________________

Executive Officer or the Secretary