Amendment status not verified — confirm the current text below against the official source.
Notwithstanding anything contained in any other enactment for the time being in force, the State Government may, with a view to ascertaining that no repugnancy exists or arises with the provisions of this Act or the rules made thereunder, review the town improvement schemes, building plans or any permission for construction sanctioned or given by any authority under development plans, sanctioned under any enactment for the time being in force and may revoke, vary, or modify any scheme, plan, permission or sanction in conformity with the provisions of this Act: Provided that no order under this section shall be made without giving a reasonable opportunity of being heard to the persons affected thereby. 77.(1)*The State Government may, by order notified in the Official Gazette, direct that any power either exercisable by it or by the Director, under this Act (not being the power to make rules) may also be exercised, in such cases and subject to such conditions, if any, as may be specified in such order, by such officer or authority as may be specified herein. **“Provided that in case the powers are delegated to Municipal Corporation, Municipal Council or Nagar Panchayat ***“or the Panchayati Raj Institutions”, the Government may, by notification, permit such authorities to utilize the fee collected under the provisions of Himachal Pradesh Town and Country Planning Rules, 1978, toward their local fund”. (2) Subject to such restrictions as may be imposed by the State Government by a general or special order, the Director may by an order in writing delegate to any officer subordinate to him all or any powers exercisable by him under this Act or the rules made thereunder other than the power to hear appeal and revision. 78.(1)Whenever in the opinion of the State Government the continued existence of any authority constituted under this Act is unnecessary or undesirable the State Government may by notification declare that such authority shall be dissolved from such date as may be specified therein and the authority shall stand dissolved accordingly. (2) As from the said date - (a) all the properties, funds and dues which are vested in or realizable by the authority shall vest in or be realizable by the State Government; (b) all liabilities which are enforceable against the authority shall be enforceable against the State Government; (c) for the purpose of realizing properties, funds and dues referred to in clause (a), the function of the authority shall be discharged by the State Government; (d) all powers and functions to be exercised or discharged by the authority under this Act shall be exercised and discharged by the Director and for the purpose any reference in this Act to the said authority shall be construed as a reference to the Director. *As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1997 (Act No.11 of 1997). **As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2001 (Act No.15 of 2001). *** As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2013 (Act No.41 of 2013). Delegation of Powers Power of Government to review plans etc. for ensuring conformity Dissolution of authority 41 *CHAPTER IX-A REGISTRATION OF PROMOTERS AND ESTATE AGENTS 78a. Registration compulsory.- (1) No person shall carry on the business of promoter or estate agent, or represent or hold himself out as carrying on such business, except under and in accordance with the terms and conditions of the certificate of registration granted under this Act. (2) An application for registration under sub-section (1) as a promoter, or as an estate agent, as the case may be, shall be made alongwith a prescribed fee in the prescribed form to the Director, and the Director on receipt of the application may enter the name of the applicant in the register of promoter, or, in the register of estate agents, as the case may be, maintained under this Act in the prescribed form and grant a certificate of registration in the prescribed form to such person for the conduct of his business in accordance with the terms and conditions of the certificate of registration and the provisions of this Act and the rules made thereunder. 78b. Conditions for registration.- Before registering and granting a certificate of registration to a promoter or, an estate agent under the provisions of section 78a, the Director shall satisfy itself, (a) in the case, if the application is for registration as a promoter, that the promoter himself or one of his employees, or one of the partners of the firm or one of the directors of the company if the applicant is a firm or company, as the case may be, possesses the prescribed qualifications for conducting the business of a promoter; (b) in the case, if the application is for registration as an estate agent, that the applicant possesses qualifications as may be prescribed; (c) that the applicant furnishes to the Director, either a bank guarantee or a security, for such amount and in such manner as may be prescribed; (d) that the person has furnished the statement of affairs clearly indicating the detailed assets and liabilities; (e) in case of a company, the applicant has furnished a certificate of registration of incorporation with the Registrar of Companies; (f) in case of a firm, certificate of registration under the Partnership Act, 1932 from the competent authority; (g) that the applicant has produced an attested copy of PAN alongwith Income Tax returns of last 3 years; (h) that the applicant has furnished the details of previous projects executed during the last 5 years alongwith their completion certificate; and (i) that the applicant has not been convicted of an offence under this Act or under any law involving moral turpitude. 78c. Term and renewal of registration.- Every certificate of registration of a promoter or an estate agent, issued under section 78a shall be valid for a period of **“five years” and, on the expiry of such a period, it may be renewed for another period of two years by the Director, on an application, alongwith the prescribed fee, made by the promoter or the estate agent in that behalf: Registration Compulsory Conditions for registration *As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2013 (Act No.41 of 2013). **As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2015 (Act No.14 of 2015). Terms and renewal of registration 42 Provided that the conditions referred to in section 78b continue to be fulfilled and the application has been made at least *“one month” before the expiry of the certificate of registration. 78d. Refusal to grant or renew registration.- If after giving the applicant an opportunity of being heard, the Director refuses to grant or renew a certificate of registration, he shall record his reasons therefore in writing and communicate the same to the applicant. 78e. Cancellation of certificate of registration.- (1) A certificate of registration granted under section 78a shall be liable to be cancelled by the Director on the grounds mentioned in sub-section (2) and by an order made in writing recording the reasons for such cancellation. (2) A certificate of registration is liable to be cancelled, if the promoter or estate agent, as the case may be,-. (a) surrenders the certificate of registration as he does not wish to continue carrying on the business; (b) has applied to be adjudicated or has been adjudicated an insolvent or is an undercharged insolvent; (c) has been adjudicated to be of unsound mind by a competent court; (d) has been convicted of an offence under this Act or under any law involving moral turpitude, if convicted, a period of five years has not elapsed since his conviction; and (e) has contravened any of the terms and conditions of the certificate of registration or any of the provisions of this Act or the rules made thereunder. 78f. Notice before cancellation. (1) Before cancelling a certificate of registration Under section 78e, the Director shall give notice to the promoter, or the estate agent, as the case may be, specifying the grounds and calling upon him to show-cause why the certificate of registration should not be cancelled. (2) After considering the explanation, if any, offered by the promoter, or, the estate agent, as the case may be, the Director may cancel the certificate of registration, or pass such orders as it may deem fit. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Director may suspend the certificate of registration of a promoter or an estate agent, as the case may be, pending decision on the matter of cancellation of the certificate of registration. (4) Where any certificate of registration is suspended or cancelled under this Act, no person shall be entitled to any compensation or the refund of any fee paid in respect thereof: Provided that if such person intends to withdraw his application at the processing stage, he shall be entitled to the refund of seventy five percent of such fee. Cancelation of certificate of registration Refusal to grant or renew registration Notice before cancellation * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2015 (Act No.14 of 2015). 43 78g. Carrying on business after cancellation.- When a certificate of registration is suspended or cancelled under the provisions of section 78f or when it expires and is not renewed, under the provisions of section 78c, a promoter or estate agent, as the case may be, shall cease to carry on the business and any business or activity in furtherance of his business during the period of suspension or after the expiry or cancellation of the certificate of registration, shall be liable for all consequences thereof: Provided that when decision is pending on an application for renewal of registration, no such presumption shall be made, if business is carried on after the expiry of the period of registration of certificate. 78h. Maintenance of accounts and records.- (1) Every promoter or estate agent shall maintain such accounts, registers and records in such form and manner as may be prescribed. (2) The Director shall maintain such register as may be prescribed showing sufficient particulars of all cases in which license under section 78p or certificate of registration under this Chapter is granted or refused by him and the said register shall be available for inspection without charges by all interested persons and such persons shall be entitled to have extract there from on payment of fee as may be determined by the Director. 78i. Audit.- The promoter or estate agent shall get his accounts audited after the close of every financial year by a Chartered Accountant, and shall produce a statement of accounts duly certified and signed by such Chartered Accountant in the manner prescribed and it shall be verified during the audit that amounts collected for a particular purpose are not utilized for any other purpose. 78j. Periodical returns.- Every promoter or estate agent shall submit to the Director such periodical returns as may be prescribed. 78k. Inspection.- For the purpose of satisfying itself, that the requirements of this Act and the rules made thereunder or the terms and conditions of the certificate of registration granted under this Chapter or licence granted under section 78p of this Act of a promoter or an estate agent are duly complied with, the Director may inspect or cause to be inspected, at any time during business hours, any accounts or records of a promoter or an estate agent relating to such business.