Section 7 in The Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007
7. Application for grant and renewal of a pass for restricted roads and procedure.
(1)An application for grant of a pass for driving a vehicle on a restricted road shall be made, in such form as may be specified by notification, addressed to the [Deputy Commissioner:] [Substituted for the words 'Under Secretary (Home) to the State Government' vide Act No. 6 of 2010.][Provided that in the case of the Speaker, Deputy Speaker or Members of the Himachal Pradesh Legislative Assembly, an application for grant or renewal of a pass for plying a vehicle on a restricted road shall be addressed to the Secretary, Himachal Pradesh Legislative Assembly, who shall be competent to grant or renew the pass :Provided further that in the case of the Members of Parliament from Himachal Pradesh, the application for grant or renewal of a pass for plying a vehicle on a restricted road shall be made to the Home Department by a person duly authorized by them:Provided further that in the case of the Mayor, the Deputy Mayor or the Councillors, Municipal Corporation, Shimla, the application for grant or renewal of a pass for plying a vehicle on a restricted road shall be addressed to the Commissioner, Municipal Corporation, Shimla, who shall forward the same to Deputy Commissioner:Provided further that all cases where pass is required both for sealed and restricted roads, the application for grant of a pass shall be made, in such form as may be specified by a notification and addressed to the Under Secretary(Home) to the State Government.] [Substituted vide ibid.](2)[ A non-refundable fee of Rs. 100/- for private vehicles shall be charged for processing of a case for a pass for plying a vehicle on a restricted road :Provided that one private vehicle registered in the name of the Member of Himachal Pradesh Legislative Assembly shall be deemed to be official vehicle for the purposes of sub-section (2) of section 7, in case such Member has no official vehicle.(3)A fee of Rs. 1000/- shall be charged for grant of a pass for a private vehicle per road per annum:Provided that one private vehicle registered in the name of the Member of Himachal Pradesh Legislative Assembly shall be deemed to be official vehicle for the purpose of sub-section (3) of section 7, in case such Member has no official vehicle.] [Substituted sections (2) and (3) substituted vide Act No. 6 of 2010.](4)The pass for driving a vehicle on a restricted road may be renewed annually by the [concerned issuing authority] [Substituted for the words and sign 'issuing authority or by Assistant Commissioner to Divisional Commissioner, Shimla if so authorized,' vide Act No. 6 of 2010.] on payment of the fee as provided in sub-section (3) and in case the application for renewal is not made by the applicant before the expiry of its validity period, the pass shall stand lapsed :Provided that if the applicant proves that there were sufficient reasons for not making an application for renewal in time, the pass may be renewed on payment of fee as provided in sub-section (3) along with a late fee of Rs. 200 per month or part thereof.(5)The application for grant or renewal of a pass for a restricted road for an official vehicle shall be accompanied by the following documents, namely :-(a)[ A certificate of deployment of official vehicle or public utility vehicle from the Secretary (General Administration Department) to the State Government or the Head of the Office, as the case may be;] [Clause (a) substituted vide Act No. 6 of 2010.](b)Self-Certification (where applicable) by the Secretary (General Administration Department) or the Head of the Office to the effect that the office or residence is on a sealed or restricted road, as the case may be, and is not approachable from any of the restricted Or any other roads;(c)Proof of payment of processing fee in case of a new application and a photocopy of the previous pass in case of renewal of a pass;(d)Copy of a valid 'Pollution under Control' Certificate issued by the concerned authority; and(e)Such other documents as may be specified, by notification :[Provided that in respect of official vehicles of the State Government, the application shall be made by an authorized officer of the General Administration Department, except in cases of Judges of the High Court of Himachal Pradesh in respect of which the Registrar General or an officer authorized in this behalf, shall make an application :Provided further that in respect of official vehicles of the Central Government, Autonomous Bodies, Statutory Boards or Corporations, the application shall be made by their authorized officer] [Substituted vide Act No. 6 of 2010.](6)The application for grant or renewal of a pass for a restricted road for a private vehicle shall be accompanied by the following documents, namely :-(a)Attested photocopy of the Registration Certificate of the vehicle in proof that the applicant is the owner of the vehicle;(b)Self Certified proof (where applicable) of residence [or office] [Inserted vide Act No. 6 of 2010.] of the applicant on sealed or restricted road, as the case may be;(c)Certificate (where applicable) from the duly authorized officer of the office of the Deputy Commissioner, Shimla to the effect that the residence on the sealed or restricted road, as the case may be, is not approachable from any other road and that the applicant has his own garage or has a facility of a regular parking place;(d)Proof of payment of processing fee in case of a new application, and a photocopy of the previous pass in case of renewal of a pass;(e)Copy of a valid 'Pollution under Control' Certificate issued by the concerned authority; and(f)Such other documents as may be specified, by notification.(7)All applications shall be acknowledged, registered and processed under the provisions of this Act.(8)A pass for a restricted road shall be issued, in such form as may be specified by notification, under the signatures and seal of [concerned issuing authority] [Substituted for the words and brackets 'an officer not below the rank of Under. Secretary (Home) to the State Government or Assistant Commissioner' vide Act No. 10 of 2010.] on payment of fee as provided in subsection (3) and the pass shall have a distinct colour and shape, as may be determined by the Home Department from time to time; and shall be displayed on the wind screen of the vehicle :Provided that if the pass is issued in respect of more than one restricted road, a consolidated pass shall be issued on payment of fee as provided in sub-section (3) in such form as may be specified by notification.
