Chapter XVIII MISCELLANEOUS

(1) There shall be an Executive Officer in each Municipal Council and a Secretary in each Nagar Panchayat, who shall be appointed by the State Government and shall be governed by such conditions of service as may be prescribed by rules under this Act. (2) It shall be the duty of the Executive Officer and the Secretary, as the case may be, to assist the President of the Municipal Council or Nagar Panchayat, as the case may be, in the discharge of their functions under this Act or any other law for the time being in force. (3) Save as otherwise expressly provided by or under this Act, the officer referred to in sub-section (1), shall- (a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law for the time being in force; (b) lay down the duties of and supervise and control officers and officials holding office under the municipality in accordance with the rules made by the Government; (c) supervise and control the execution of all works of the municipality; (d) take necessary measures for the speedy execution of all works and development schemes of the municipality; (e) have custody of common seal and all papers and documents connected with the proceedings of the meetings of the municipality and of its Standing Committees and other Committees; (f) draw and disburse money out of the municipal fund; and (g) exercise such other powers and discharge such other functions as may be prescribed; (h) attend every meeting of the municipality and shall have the right to attend the meeting of any committee thereof and to take part in the discussion but shall not have the right to move any resolution or to vote. If in his opinion any proposal before the municipality is violative of or inconsistent with the provisions of this Act or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Government. (4) Every person in possession of moneys, accounts, records or other property pertaining to a municipality shall on the requisition for this purpose in writing of the officer referred to in sub-section (1), forthwith hand over such moneys or deliver up such accounts, records or other property to the said officer or the person authorised in the requisition to receive the same. (5) The Executive Officer shall bring to the notice of the municipality any act or resolution of the municipality which may be in violation of any Government instructions or the provisions of this Act, provided that if such act or omission of the directions of the Government or the provisions of this Act, as the case may be, is not rectified within 15 days of the communication, it shall be the duty of the Executive Officer to bring such omission or violation to the notice of the Government.

Posts in municipality and appointments thereto. (1) Subject to the provisions contained in this Act and the Himachal Pradesh Municipal Services Act, 1994 (19 of 1994), the municipality may with the previous approval of the State Government or any other officer authorised in this behalf, appoint such officers and servants as it considers necessary for the efficient discharge of its duties. (2) The qualifications, method of recruitment, salaries, leave, allowances and other conditions of service including disciplinary matters of such officers and servants shall be such as may be prescribed. (3) The salary, allowances, gratuity, pension, contribution and other payments required to be made in accordance with the conditions of their services, to the officers and officials employed for the discharge of duties of the municipality under this Act, shall be charged from the Municipal Fund in the prescribed manner. (4) An officer or official in regular employment of the municipality may, in lieu of the Contributory Provident Fund benefits admissible to him under the Provident Fund Act, 1925 (19 of 1925), opt for service and family pensions and in that event he will be governed by the rules, as are applicable to the employees of the State Government; and such person shall contribute to the General Provident Fund: Provided that.- (a) the share of the money contribution by the municipality alongwith interest accrued thereon, to the credit of such a person in his Contributory Provident Fund, shall be credited to the Pension and Gratuity Fund; established for this purpose; (b) the share of money, alongwith interest accrued thereon, to the credit of such a person in the Contributory Provident Fund on account of his own contribution, shall be transferred to his credit in the General Provident Fund established for the purpose; and any loss caused to the municipality through withdrawals during the service shall be made good by him. (5) The municipality shall, in relation to such employees who have exercised the option for pension under sub-section (4), shall credit its contributions regularly but not later than fifth day of the month following the month to which the contribution relates, into the pension and gratuity. (6) The "Pension and Gratuity Fund" and "General Provident Fund" referred to in sub-section (4), shall be established and maintained by the Director, Urban Local Bodies, Himachal Pradesh, in such manner, as may be prescribed. (7) Notwithstanding anything to the contrary contained in this Act, the persons, who were in the regular service of any municipality as on 1st April, 1992 and had retired before the 30th day of May, 1994; provided they opt for service and family pensions under this section, and refund to the Director, within such period as may be specified, the employer's contribution to the Provident Fund including interest received by them from the employer together with simple interest at the rate of six percent per annum from the date of its withdrawal till the date of repayment, will also be eligible for service and family pension under this Act. (8) Approval for the creation of posts in a municipality shall be made by the Director after taking into considerations the requirements of the municipality and its financial capacity. (9) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation of appointments or posts for Scheduled Tribes/Scheduled Castes, Backward Classes and for any other category of persons.

Disturbances at election meeting. (1) Any person who at a public meeting to which this section applies acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called to gather, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 2,000, or with both. (2) An offence punishable under sub-section(1) shall be cognizable. (3) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon constituency to elect a member or members and the date on which election is held. (4) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

Restrictions on the printing of pamphlets, posters etc. (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster- (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless within reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,- (i) where it is printed in the Capital of the State, to the State Election Commissioner; and (ii) in any other case, to the District Magistrate of the district, it is printed. (3) For the purposes of this section,- (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printed and the expression "printer" shall be construed accordingly; and (b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 2,000, or with both.

(1) Every Officer, Clerk, Agent or other person who person who performs, any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

(1) On and from the date of commencement of this Act, the Himachal Pradesh Municipal Act, 1968 (19 of 1968), shall stand repealed (hereinafter referred to as the repealed Act) : Provided that the repeal shall not affect.- (a) the previous operation of the repealed Act, or anything duly done or suffered thereunder ; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act ; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act ; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or, remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enforced : Provided further that subject to the preceding proviso anything done or any action taken (including any appointment, or delegation made, notification, notice, order, instruction or direction issued, rule, regulation, bye-laws, form, or scheme framed, certificate obtained, permit or licence granted, registration affected, tax imposed or fee or rate levied ), under the repealed Act shall, in so far as it is in force immediately before the coming into force of this Act and is not inconsistent with the provisions of this Act be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act. (2) The existing municipalities shall continue till the expiration of their duration, unless sooner dissolved under the provisions of this Act or by a resolution passed to that effect by the Legislative Assembly. (3) The arrangement existing for the municipalities under the repealed Act shall continue, until the corresponding municipality is constituted under this Act.

Prohibition of canvassing in or near polling stations. (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:- (a) canvassing for votes ; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election ; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provision of sub-section (1) shall be punishable with fine which may extend to Rs. 250. (3) An offence punishable under this section shall be cognizable.