Thursday, March 02, 2006

The Chandigarh Municipal Corporation,Motorized Rehris (Control and Regulation) Bye laws-2006 come into force today

Chandigarh March 2:- With reference to Chandigarh Administration, LocalGovernment Department’s notification bearing No.6/1/42-IH(8)-2005/354,dated the 9th January, 2006 and in exercise of the powers conferred byClause J (4) and (6) of sub-section (1) of Section 399 of the PunjabMunicipal Corporation Act, 1976 as extended to the Union Territory,Chandigarh, by the Punjab Municipal Corporation Law (Extension toChandigarh) Act, 1994 (Act No. 45 of 1994), the Administrator, UnionTerritory, Chandigarh, hereby makes the following byelaws namely:-BYE-LAWS1. These bye laws may be called “The Chandigarh Municipal Corporation,Motorized Rehris (Control and Regulation) Bye laws-2006”.2. They shall come into force from the date of their final publication inthe Official Gazette.3. In these bye laws, unless the context other wise requires: -All the words and expressions used in these bye laws but not definedhereunder shall have the meanings attached thereto in the Punjab MunicipalCorporation Act, 1976 as extended to the Union Territory, Chandigarh.(i) “Competent Authority” means the Secretary, Municipal Corporation,Chandigarh.(ii) “Group” means group of sectors, as specified by the Commissioner,Municipal Corporation, Chandigarh.(iii) “Licence” means a licence issued on yearly basis under these bye laws.(iv) “Licence Fee” means yearly licence fee fixed by the MunicipalCorporation, Chandigarh, from time to time.(v) “Motorized Rehri” means mechanically propelled rehri/vehicle as per“vehicle” defined in the Motor Vehicles Act, 1988, with prescribed designand used for hawking articles for sale.(vi) “Trade” means specified trade for which the Motorized Rehri is to beused.4. No person shall keep or use a motorized rehri unless he has obtaineda licence from the competent authority.5. Every application for obtaining a licence for a motorized rehrishall be made to the competent authority in the form to be prescribed bythe Commissioner, Municipal Corporation, Chandigarh.6. Eligibility: Following persons shall be eligible to get a licence for motorized rehri:-(a) The age of the applicant should be between 20 years and 35 years.(b) The person applying for the licence must be in possession of a validdriving licence of the required class of vehicle issued by the competentauthority.(c) The competent authority shall fix date and time for inviting applications for licence for different groups on prescribed proforma, fromthe persons who fulfill the eligibility criteria.(d) If, the number of applications received for a group are more than thefixed number in such group, the decision to grant a licence will be takenby a draw of lots.(e) One person can apply only for one group.(f) The Commissioner, Municipal Corporation, Chandigarh, may specify themaximum number of licences that may be issued for the use of motorizedrehris in the City of Chandigarh or in a group.(g) Licences equal to five percent of the total number of licences fixedshall be reserved for the persons who are physically disabled and whofulfill the requisite qualifications.(h) The fabrication as per approved design shall be erected on the chassisduly approved by the A.R.A.I.(i) The design of fabrication of the motorized rehris shall be as approvedby the Municipal Corporation, Chandigarh, which should comply with theprovisions of the Motor Vehicles Act, 1988 and the rules made thereunder.7. Conditions of Licence:(a) Licensee shall not change his trade for which licence has beenissued without the prior permission of the competent authority.(b) Cooking of meals and sale of items like fish/meat, etc shall not beallowed.(c) No motorized rehri shall be taken over the pavement,footpath or passage in front of or in between the shops and booths.(d) No motorized rehri shall be taken or used for carrying on businessin the prohibited areas i.e. Capital Complex, Leisure Valley, City CenterSector-17 and Sub-City Center Sector 34, Sukhna Lake or any other areasdecided by the Municipal Corporation, Chandigarh.(e) Motorized rehri shall be allowed to move freely within the givengroup of Sectors.(f) The motorized rehris shall be allowed to operate on V-5 and V-6roads only and they will not at any point of time be stationed onpermanent basis on these roads. They will, however, be allowed to crossthe adjoining Sectors through V-2 and V-3 roads.(g) The licensee shall only operate the motorized rehri of givenregistration number mentioned in the licence.(h) Licensee shall not sublet the licence or enter into partnershipwith any other person.(i) Every licence issued or renewed under these bye laws shall expireon 31st day of March next following the date of the issue or renewal. The request for renewal of licence will be entertained by the competentauthority only 30 days before its expiry.(j) If any person fails to apply for the renewal of his licence withina period of 15 days of its expiry, the competent authority may refuse torenew the licence unless it is satisfied that the applicant was preventedby good and sufficient cause from presenting the application for renewalin time. In such cases, an additional amount of Rs.250/- will becharged as late fee.However, no application for renewal of licence shall be entertained afterthe expiry of a period of 90 days from the date of its expiry.(k) The applicant shall deposit a fee of Rs.500/- with the application.(l) Annual renewal fee for the licence will be Rs.500/-.(m) The licensee belonging to Below Poverty Line categorywould be eligible for subsidy under the Swaran Jyanti Rojgar Yojna tillthe same is in vogue.(n) The motorized rehri shall not be used for any kind oftransportation/any other purpose.(o) The licensee shall not throw any residual articles in the openspaces or gutters.8. Appeal: Any person aggrieved by the decision of the competentauthority may, within a period of 15 days from the date of such decision,prefer an appeal to the Commissioner, Municipal Corporation, Chandigarh,whose decision thereupon shall be final.9. Punishment Any contravention of any of the bye laws or the terms andconditions of the licence shall be punishable with fine which may extendto Rs. 500/- and in case of a continuing contravention with an additionalfine which may extend to Rs. 20/- for every day during which suchcontravention continues after conviction for the first suchcontravention. Besides this, the licence shall be cancelled by thecompetent authority in case of any violation of the terms and conditionsof the licence .
chandigarh Desk
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