Bare Act
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9. Municipal area Development Fund.
(1) There shall be constituted a fund called the Municipal Area Development Fund in each Urban Local Body to which the moneys received from the slum dwellers under this Act shall be credited and in addition to the same, the following receipts may also be credited to the said fund, namely:—
(a) contributions from the State and Central Governments, if any;
(b) contributions from organisations, philanthropists, individuals and Non- Government Organisations; and
(c) the Government may notify any other sources of funding including the Corporate Social Responsibility (CSR) funding.
(2) The constitution and administration of the fund shall be in such manner, as may be prescribed.
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10. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or the Committee or any sub-committee constituted under this Act, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
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11. Nodal Agency.
The Government or any officer authorized by it in this behalf shall be the Nodal Agency for the implementation of the provisions of this Act.
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12. Bar of jurisdiction of Civil Court.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Government or the Committee constituted under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
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13. Cognizance of Offences.
An offence punishable under this Act shall be tried in the court of Judicial Magistrate in accordance with the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that no court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by any officer of the Government authorized by the Government:
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14. Power to make rules.
(1) The Government may, by notification in the Rajpatra (e-Gazette) Himachal Pradesh, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act, shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a period of not less than ten days which may 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 session immediately following, 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 amendment shall be without prejudice to the validity of anything previously done under that rule.
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15. Act to have overriding effect .
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other State law for time being in force.
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16. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Rajpatra (e-Gazette), Himachal Pradesh, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made be laid before the State Legislative Assembly.
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