MUNICIPAL CORPORATION SHIMLA , HP

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Legal Branch

                                                                             

 At present the Law Department of the Corporation is being headed by the Joint Commissioner (Law) and all the cases pending before the various Courts i.e. from District Courts to Hon’ble Supreme Court are being monitored by the Law Department of the Corporation. In addition there are cases pending before the Consumer Commission and other statutory authorities which are being pursued/ monitored by the Law Department regularly. The Joint Commissioner (Law) is a statutory authority under Section 46(3) of the Himachal Pradesh Municipal Corporation Act, 1994 and the role of Joint Commissioner (Law) is to aid and advise the Corporation in all legal matters.

 In addition the Joint Commissioner (Law) has been conferred with the powers of Spl. Judicial Magistrate 1st Class by the Hon’ble High Court to try the offences detailed in the Himachal Pradesh Municipal Corporation Act with power to try the said offences, summarily under section 260 of the code of criminal procedure 1973 within the local limits of the Municipal Corporation Shimla.

At present, there are about 450 cases pending adjudication in different Courts and the Corporation has also engaged Standing Counsels to contest these cases before the various Courts and the monitoring of these cases are being done regularly by the Law Department headed by the Joint Commissioner (Law). All the orders/directions issued by different Courts are regularly sent for compliance to different departments of the Corporation.

 In the Corporation there are various types of cases concerning building construction violations, public interest litigations, consumers related disputes and disputes relating to realization of lease money or rental value etc. 

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