Himachal Pradesh Municipal Corporation Maintenance Of Parivar Register Rules, 2023

 

[10th August 2023]

In exercise of the powers conferred by Section 393 read with Section 43 (v) of the Himachal Pradesh Municipal Corporation Act, 1994 (Act. No. 12 of 1994), the Governor of Himachal Pradesh is pleased to make the following rules, namely:-

Rule - 1. Short title, extent and commencement

(1)     These rules may be called the Himachal Pradesh Municipal Corporation Maintenance of Parivar Register Rules, 2023.

(2)     These rules shall come into force from the date of publication in the Rajpatra (e-Gazette) Himachal Pradesh.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires,-

(a)     "Act" means the Himachal Pradesh Municipal Corporation Act, 1994;

(b)     "Bonafide resident" means a person who has a permanent home in Himachal Pradesh and includes a person who has been residing in Himachal Pradesh for a period of not less than 20 years or a person who has permanent home in Himachal Pradesh but on account of his occupation he is living outside Himachal Pradesh;

(c)     "Form" means a Form appended to these rules;

(d)     "Secretary of Ward Committee" means the Officer nominated by the Commissioner under sub-section (2) of section 44-B;

(e)     "Section" means a section of the Act; and

(f)      "Migration" means shifting from one Urban Local Bodies to other and Panchayati Raj Institution to Urban Local Bodies or vice-versa.

(2)     Words and expressions used but not defined in the rules, shall have the same meaning as assigned to them under the Himachal Pradesh Municipal Corporation Act, 1994.

Rule - 3. Making of Parivar Register Record and its Revision

(1)     (a) After a Ward Sabha has come into existence in accordance with section 44-A of the Act, a Parivar Register shall be prepared Ward wise for every Municipal Corporation in Form-I. It shall contain the names and particulars of all persons, family-wise, who are citizens of India and bonafide residents which forms part of the Ward Sabha area. The register shall be prepared by the Secretary of the Ward Committee and shall be verified by a Verifying Officer senior in rank to the Secretary of Ward Committee specially designated as such for this purpose by the Commissioner.

(b) The Secretary of Ward Committee shall cause to conduct door to door survey for enumeration of families of bonafide residents of the ward on Form-II.

(c) The Verifying Officer shall notify and widely publicize the dates and area of starting of such door to door survey in atleast two local newspapers and paste the notice at conspicuous places in the ward and office of Corporation. The modalities of conducting such surveys shall be decided by the Director.

(d) The information gathered by door to door survey shall be signed by Secretary, Ward Committee and verified by Verifying Officer.

(e) The draft Parivar Register of each ward of Corporation shall be placed before the House of Corporation. After due approval of the House, the draft Parivar Register of Corporation made after compilation of ward Parivar Registers shall be published in the Rajpatra(e-Gazette), Himachal Pradesh for objections and suggestions of the general public ,and a copy thereof shall also be kept in office of Corporations for inspection by general public.

(f) The written objections in Form-III received in office of Corporation within one month of publication of Draft Parivar Register shall be caused to be re-verified by Secretary of Ward Committee within 07 days of closing of date of receiving objections by conducting summary inquiry and giving an opportunity of being heard for all the parties concerned. The amendments, if any, shall be incorporated in draft Parivar Register and the same shall be signed by Secretary, Ward Committee and countersigned by Verifying Officer.

(g) Any modification made in draft Parivar Register may be contested by parties concerned. The appeal in this regard made in writing within 7 days of the decision of Secretary, Ward Committee shall be heard by Director latest within 01 month and his decision thereon shall be final.

(h) The final Parivar Register so prepared after compilation of verified ward Parivar Registers shall be placed in House of Corporation and after approval published in Rajpatra (e-Gazette).

(i) For making any correction / modification in respect of Name and Date of Birth, the applicant shall produce documentary proof such as school certificate, gazette record duly issued by the competent authority or affidavit in this regard. Bonafide residents and Nepali inhabitants of Urban Local Bodies residing for more than 20 years in the Urban Local Bodies, shall produce documentary proof duly issued by the competent authority. The officer/ official of the Corporation, to whom this assignment is given by the Commissioner, after satisfying himself, shall make necessary correction / modification in the record.

(j) When, Parivar Register is finally published in the Rajpatra (e-gazette), Himachal Pradesh, the Commissioner may provide this facility to general public through online mode.

(2)     At the close of each calendar year, the entries in the Parivar Register, prepared under sub-rule (1) shall be revised by the concerned officer and all entries pertaining to births, deaths and marriages shall be updated in the Parivar Register which had taken place during the preceding year i.e. upto 31st day of December. This revision shall be carried out strictly in accordance with the entries recorded in the Birth and Death Register and Marriage Registration Register maintained by the Corporation as per the provisions of Registration of Births and Deaths Act, 1969 and Himachal Pradesh Registration of Marriages Act, 1996 respectively. No other alternation may be made in the Parivar Register without any authenticated evidence. In the event of division of the family, separation of family may only be entered in the Parivar Register on the decision of the concerned Ward Committee by passing a resolution by majority in its meeting on an application made by the head of family concerned. The Ward Committee shall take into consideration the definition of the family as provided in clause (18-a) of section 2 while deciding the matter regarding division of family. It shall be the duty of the Verifying Officer senior in rank to the Secretary of Ward Committee specially designated as such for this purpose by the Commissioner, to verify these entries after satisfying himself about the reasons recorded by the Secretary of concerned Ward Committee. He shall also put his initials on the Summary Sheet prepared by Secretary of Ward Committee on Form-IV. In case of migration from one Urban Local Body to other and Panchayati Raj Institution to Urban Local Body or vice-versa, the applicant shall obtain report on Form-V from the concerned officer /official Incharge, for making necessary entries in the Parivar Register at the level of Urban Local Bodies:

Provided that no entry with regard to separation of family shall be made in the Parivar Register unless the said family has a separate kitchen and access to the toilet.

(3)     The register shall be revised and updated under sub- rule (2) by 31st January of each year by the concerned officer and public notice will be issued to the effect that-

(a)     the register has been revised and updated under sub-rule (2);

(b)     the register, as revised, is available for public inspection for a period of fifteen days (excepting the public holidays) between 10 AM to 5 PM in the office of the concerned Ward Committee and other conspicuous places in a Municipal Corporation area;

(c)     if any person has to make any objection with regard to any entry or any omission in the register, he may make the same to the Secretary of the concerned Ward Committee within the period of fifteen days. The notice shall be pasted in the office of the Ward Committee /conspicuous places within the territorial jurisdiction of the said Ward of Municipal Corporation area.

(4)     The revised entries made in the register under sub-rule (2) and the objections received under sub-rule (3), shall be taken into consideration and disposed of and verified by the Secretary of the Corporation or any official /officer designated by the Commissioner after having given an opportunity of being heard to the person(s) concerned.

Rule - 4. Parivar Register Record open to inspection

(1)     Any person may apply for the copies of the entries of the Parivar Register.

(2)     Every application for obtaining the copy of the records of the Parivar Register shall be made to the official/officer designated as such for the purpose of supply of the certified copies of the record by the Commissioner, stating therein the purpose for which the copy is required and shall be accompanied with a fee of Rs.50/-.The requisite record shall be provided to applicant either by post /hand or through online within 07 days positively.

(3)     Copying fee shall be charged at the rate of rupees three for every page or fraction thereof which shall be recovered in advance before making the copy applied for:

Provided that no fee shall be charged for the copy of the record from public authorities, in case they require the record for official use.

(4)     Any person may apply for inspection of the record of the Parivar Register to the Secretary of the Ward Committee concerned. The inspection fee shall be rupees twenty for an hour. The inspection shall be made during the office hour in the office of the Corporation. The use of pen and ink during inspection is prohibited. The inspection of the record shall be made in the presence of officer /official of the Corporation.

(5)     The fee chargeable under this rule shall be paid in cash or by any other mode along with the application to the official /officer designated as such for the purpose of supply of the certified copies of the record by the Commissioner, who shall further get it deposited in the Corporation Fund forthwith and give a receipt under his signature.

(6)     The Director may from time to time revise the rates of copying and inspection fee by notification.

Rule - 5. Power to issue instructions

The Director may from time to time issue instructions/ clarifications for the smooth implementation of these rules.

 

FORM-I

[See rule 3(1)(a)]

PARIVAR REGISTER.

Ward Number &Name..........................Municipal Corporation..........................District..........................

Signature of Secretary of the Ward Committee

Signature of the Verifying Officer

 

FORM-II

[See rule 3(1)(b)]

HOUSEHOLD SURVEY FORM FOR MAINTAINING PARIVAR REGISTER

Ward Number &Name......................Municipal Corporation ...................... District...................... H.P.

Signature of Head of the family/family member

Signature of the enumerator/ designated official

 

FORM-III

[See rule 3(1)(f)]

FILING OBJECTIONS AGAINST DRAFT PARIVAR REGISTER

Ward Number &Name.......................Municipal Corporation .......................Dstrict....................... H.P.

Date of filling objection.......................

(Signature of the objector)

Witness: (i)......................

Name:

Witness: (ii)......................

Address:

Tel. No.

 

FORM-IV

[See rule 3(2)]

SUMMARY SHEET

Ward Number &Name......................Municipal Corporation ......................District......................

Signature of Secretary of the Ward Committee

Signature of the Verifying Officer

 

Form-V

{Rule 3(2)}

Certified that I........................permanent resident of Ward No........................ Municipal Corporation/Municipal Council/Nagar Panchayat/Gram Panchayat........................ Tehsil........................ District........................ H.P. and my family was registered in above Municipal Corporation/ Municipal Council/ Nagar Panchayat/Gram Panchayat.

It is also informed that the name of all the members of my family have been deleted from the Parivar Register of above Municipal Corporation/Municipal Council/ Nagar Panchayat/Gram Panchayat.

Applicant Name........................

Signature........................

Certificate issued by the Secretary of concerned Municipal Corporation/Municipal Council/Nagar Panchayat/Gram Panchayat Certified that Sh........................ who is permanent resident of Ward No ........................ Municipal Corporation/Municipal Council/ Nagar Panchayat/Gram Panchayat........................ District........................ H.P. and detail of whose family was entered in the Page No........................ of Parivar Register of Municipal Corporation/Municipal Council/ Nagar Panchayat/Gram Panchayat, on the request of applicant, the name of the following members have been deleted from the Parivar Register and detail of which is as under:-

(Detail of Family)

Dated...................

(Signature of Concerned Officer/Secretary along with Stamp).