Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007
No: 2 Dated: Feb, 26 2008
THE SHIMLA ROAD USERS AND PEDESTRIANS (PUBLIC SAFETY AND CONVENIENCE) ACT, 2007
(ACT NO. 2 OF 2008)
AN ACT to restore the sanctity of the Shimla Mall Road by preventing its use as a thoroughfare and to provide for regulation of vehicular traffic in the interest of public safety and convenience on the sealed and restricted roads of Shimla town to prevent annoyance and injury to pedestrians and to provide for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty- eighth Year of the Republic of India as follows:—
1. Short title, extent and commencement.- (1) This Act may be called the Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007.
(2) It extends to the Municipal limits of Shimla Town.
(3) It shall come into force at once.
2. Definitions.- (1) In this Act, unless the context otherwise requires,—
(a) "Assistant Commissioner" means Assistant Commissioner, appointed by the State Government under section 9 of the Himachal Pradesh Land Revenue Act, 1953;
(b) "Core Mall Road" means the portion of the Mall Road from Shimla Club to Central Telegraph Office and Ridge;
(c) "Deputy Commissioner" means the Chief Officer-in-charge of the general administration of District Shimla;
(d) "Divisional Commissioner" means the Divisional Commissioner of Shimla Revenue Division;
(g) "fund" means the “Shimla Road Users and Pedestrian Amenities Fund” established under section 16 of this Act;
(h) "Head of Department" means the authority specified in Schedule–I to the Delegation of Financial Powers Rules, 1978 and includes such other authority or person as the State Government may, by order, specify as the Head of a Department;
(i) "Head of Office" means a Gazetted Officer declared as such under Rule 14 of the Delegation of Financial Powers Rules, 1978, and includes such other authority or person as the competent authority may, by order, specify as the Head of Office;
(k) "Mall Road" means the road extending from Chhota Shimla Chowk to Boileauganj via Oakover, Shimla Club, Metropole Hotel, the Core Mall Road, Central Telegraph Office, Gorton Castle and Indian Institute of Advanced Studies;
(l) "office” means the official or the private work place of the person;
(m) "pass" means a pass issued under this Act for driving of a vehicle on a sealed or restricted road, or both, as the case may be;
(n) "Prescribed" means prescribed by rules made under this Act;
(o) "Public utility vehicles" means the following vehicles, used or being used for carrying out essential service:—
(i) Fire fighting vehicles;
(ii) Ambulances and dead body vans;
(iii) Postal Mail vehicles;
(iv) Vehicles deployed for maintenance of communications and other public services and public transport vehicles approved by Home Department;
(v) Vehicles deployed for maintenance of sanitation, water supply and other civic services by the Municipal Corporation, Shimla including official vehicles approved by the Home Department and to be used by the Municipal Corporation officers for day-to-day inspection and maintenance of the said services;
(vi) Heavy vehicles belonging to the Central Public Works Department, Himachal Pradesh Public Works Department, Himachal Pradesh State Electricity Board, Irrigation and Public Health Department and Municipal Corporation Shimla etc. deployed for execution of any construction or maintenance activities;
(vii) Official vehicles required for law and order and for protocol duty taries by the District Administration, Shimla and the General Administration Department of the State Government; and
(viii) Security Vehicles provided by the Government for security personnel for performing security duties;
(p) "restricted road" means a road specified in Schedule-II;
(q) "Schedule" means a Schedule appended to this Act;
(r) "sealed road" means a road specified in Schedule-I;
(s) "State" means the State of Himachal Pradesh;
(t) State Government" means the Government of Himachal Pradesh;
(v) "temporary pass" means a pass issued under section 8 of the Act; and
(w) "tourist pass" means a pass issued under section 9 of the Act.
(2) All other words and expressions used, but not defined in this Act and defined in the Motor Vehicles Act, 1988 (59 of 1988), shall have the same meaning respectively assigned to them in that Act.