jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] cq/kokj 20 Qjojh] 2013@1 QkYxqu] 1934
fgekpy izns'k ljdkj
MUNICIPAL CORPORATION SHIMLA
NOTIFICATION
Shimla, the 15th February, 2013
No. MCS/Comm/13-350.—In exercise of the powers conferred by Clause (F) of Section
395, 396 and Section 397 read with Clause (C) of sub section (I) of Section 302 of the Himachal
Pradesh Municipal Corporation Act, 1994 (Act No. 12 of 1994) as amended from time to time the
following muck dumping bye-laws formulated by the M.C. Shimla are hereby published in the
Rajpatra, Himachal Pradesh (extraordinary) for the information of general public and notice is
hereby given that the said draft bye-laws shall be considered by the Corporation after expiry of a
period of 30 days from the date of their publication in the Rajpatra, Himachal Pradesh.
238&jkti=@2013&20&2&2013 ¼6839½
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If any person, likely to be affected by these draft bye-laws has any, objection(s) against
these draft bye-laws, he may send written objections to the Commissioner, Municipal Corporation,
Shimla within the aforesaid period.
Objections, if any, received within the period as specified above, shall be taken into
consideration by the Municipal Corporation, before finalizing these bye-laws namely:—
MUNICIPAL CORPORATION SHIMLA (CONTROL AND
REGULATION OF MUCK DUMPING) BYE-LAWS, 2012
Preliminary
1. Short title, commencement and application.—(i) These Bye-laws may be called,
“Municipal Corporation Shimla (Control and Regulation of Muck Dumping) Bye-laws, 2012.”
(ii) These Bye-laws shall come into force from the date of their publication in the Rajpatra
(extraordinary) Himachal Pradesh.
(iii) These Bye-laws shall be applicable within the jurisdiction of Municipal Corporation,
Shimla as defined from time to time.
2. Definitions.— (i) In these Bye-laws, unless the context otherwise requires:—
(a) “Act”-means the Himachal Pradesh Municipal Corporation Act, 1994 (Act No. 12 of
1994) as amended from time to time.
(b) “Applicant”.— means any person applying for permission for dumping of muck in the
authorized dumping places as specified by the Corporation.
(c) “Authorized Officer”.—means any Officer/official duly authorized by the
Corporation or its Commissioner under these Bye-laws.
(d) “Muck”.— includes earth or stone, material of any description or any rubbish or
polluted or obnoxious matter or debris including building, construction waste.
(e) “Place”.— means authorized site specified by the Corporation for dumping of muck.
(f) “Special Judicial Magistrate First Class”.—means the Judicial Magistrate having
jurisdiction over the area of Municipal Corporation, Shimla under the Act.
(g) words and expressions used in these Bye-laws but not defined herein shall have the
meaning respectfully assigned to them under the Act.
3. Prohibition on muck dumping.—(i) No person, either by himself or through any
other, shall knowingly or otherwise, throw or cause to be thrown any kind of muck in any place
other than the place specified by the Corporation for dumping of muck within the area of the
Municipal Corporation.
(ii) any person found dumping muck illegally, unauthorisedly and without any permission
shall be liable for penalty under these Bye-laws and the vehicle or tools used for such dumping
shall be impounded.
4. Procedure for application and grant of permission.—(i) Applicant or the person
concerned, intending to commence construction within the area of the Corporation, shall in writing
submit detailed estimate of muck to be generated from the plot/construction site to the Corporation
6841
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on the prescribed proforma annexed with these bye-laws as Appendix-I at the time of submission
of his/her building map/plan for sanction. However, in the case of repair of building or in the case
where no planning permission is required, the permission for dumping debris shall be obtained
from the Corporation authorities by moving an application mentioning therein full particulars of the
applicant, location of the building and the estimate/quantity of muck to be generated.
(ii) the estimate submitted by the applicant shall be verified by the Architect Planner of the
Corporation after spot inspection and thereafter shall be sent to the Executive Engineer (Roads and
Buildings) Municipal Corporation for raising the bill and for according necessary permission in
favour of the applicant.
(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of
the amount to be deposited by the applicant in the Corporation on this account.
(iv) the place for dumping of muck shall be communicated to the applicant by the
Corporation authorities in writing and the name of the place/site for dumping of debris by the
applicant shall also be mentioned in their building sanction letter. Further, intimation of the same
shall also be given to the Executive Engineer (Roads and Buildings) Department of the Corporation
or to the concerned agency or the contractor hired or engaged by the Corporation for managing the
dumping site.
(v) during transportation of the muck, a person shall have to carry the original permission
a copy of which shall be affixed on the windscreen of the vehicle and the same shall have to be
shown to the authorized officer of the Corporation at the time of inspection. However, in case of
manual transportation of debris the person carrying the same shall have to show the original
sanction to the inspecting staff/authorized officer at the time of inspection.
(vi) there shall be a restriction on movement of the vehicles carrying muck after the sun set
and before the sun rise. The normal timings for dumping muck in the dumping site will be between
9:00 am to 5:00 pm However, in case of exigencies and in view of traffic regulations in the area the
Corporation may in writing relax such timings.
(vii) no one shall be permitted to carry the digging and excavation of plot or land after sun
set and before sun rise but the Corporation, in the larger public interest or in the case of emergent
circumstances may relax such imposition/restrictions, on receiving written request from the
applicant or the concerned agency or the authority interested in this regard.
(viii) the person, after obtaining the sanction of building map from the competent authority
or before raising the construction at site, is required to install a painted board of the size of 3' x 2'
indicating therein the number and date of the sanction, commencement of construction and hours
during which construction can be carried out, time when excavation can be done, name of dumping
site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of
construction sanctioned on each floor and the telephone number of the Control Room set up by the
Corporation for entertainment of complaints etc.
(ix) the Architect Planner Branch of the Corporation shall prescribe the conditions relating
to the application of muck generation from the plot, grant of sanction for muck disposal and
condition relating to affixing of board at site giving therein the detail as mentioned in clause (viii)
at the time of grant of building sanction.
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5. Rates for dumping of muck.—The following rates shall be applicable for dumping of
muck in the specified places.
(i) Per cement bag
` 10/- per bag
(ii) Pickup
` 300/- per Pickup
(iii) Tipper light duty
` 700/- per Tipper
(iv) Tipper Heavy duty/Truck
` 1200/- per Tipper/Truck.
an increase of 10% on these rates shall be applicable after every financial year which shall
be notified by the Corporation.
6. Duties and responsibilities of the applicant/owner.—(i) It shall be the duty and
responsibility of the owner to make available all the sanctions/permission granted by the competent
authority to the person so hired or engaged by him for dumping of muck in the place(s) specified by
the Corporation.
(ii) whosoever is found dumping muck at a place other than the places and in
contravention of conditions specified by the Corporation, the owner and the person caught dumping
the muck shall be liable jointly for penalty under these Bye-laws.
(iii) at the time of transportation of muck, the person concerned shall make available the
permission to the inspecting staff at the time of inspection of vehicle without causing any
hindrance.
7. Impounding of vehicle.— (i) The authorized officer or the police establishment of the
Corporation either on the information received by himself or through any other source immediately
on receiving such information, may stop and inspect the vehicle carrying muck for the purpose of
ascertaining the required permission at any point of time and impound the same if found violating
the provisions of these Bye-laws.
(ii) the vehicle shall only be released in case the registered owner of the vehicle applies for
compounding of offence(s) under these Bye-laws.
(iii) the official impounding the vehicle shall immediately report to this effect in writing
either to the Commissioner/Joint/Assistant Commissioner or Divisional Forest Officer of the
Corporation and keep the same in custody at the place designated by the Corporation till it is not
released to the registered owner. The halt charges of the vehicle at such designated place shall be
levied at the rate of ` 1000/- per day payable by registered owner to the Corporation in cash or
through demand draft.
8. Compounding of offences.— All the offences punishable under these Byelaws may,
before, the institution of prosecution, be compounded by such officer as may be authorized by the
Corporation or its Commissioner in this behalf, on payment of such sum as may be specified by
such officer under these Bye-laws.
9. Offences to be tried summarily.—The offences which are not compounded shall be
tried in a summary manner by the Special Judicial Magistrate First Class of the Corporation under
section 383 of the Himachal Pradesh Municipal Corporation Act, 1994 read with Section 260 of the
Code of Criminal Procedure, 1973.
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10. Penalty–(i) Whosoever, is guilty of dumping muck at a place other than the place(s)
specified/notified by the Corporation, the rate of penalty shall be ten times at the first instance,
twenty times at the second instance and for the third instance or thereafter the amount of penalty
shall be thirty times of the actual rate of dumping as fixed by the Corporation as per Clause 5 of
these Bye-laws.
(ii) in case of repeated violation, in addition to penalty as specified above, the owner at
whose instance the construction/excavation work is carried out and is found dumping the muck
illegally or without the permission of the competent authority, as the case may be, shall also be
liable for disconnection of water, electricity and others civic amenities and the Commissioner may
request the competent authority for withdrawal of recognition and registration if any granted in
his/her favour including withdrawal of building sanction granted in favour of the owner concerned.
Sd/-
Commissioner,
M.C. Shimla.
_________
Appendix-I
(See Bye-law 4 (i)
Performa for estimation of Muck generation
1. Name of the builder/ owner/
incharge of the plot/ land/ project
etc.
2. Area and Kh. No. of the
plot/land/project
3. Location of the plot/land/project
including Municipal Ward.
4. Whether owner or builder or
otherwise please specify.
5. Estimated quantity of muck to be
generated. (quantity must be
specified in cubic metres)
alongwith estimate duly signed by
the authorized person.
Signature
(Name and address of the applicant)
Date :
Place:
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NAGAR PANCHAYAT NADAUN
(CONTROL AND REGULATION) OF MUCK DUMPING BYE–LAWS, 2012
NOTIFICATION
Nadaun, the 15th February, 2013
No. NPN-118(MUCKDUMPING) (1)-2012.—The following Muck dumping bye-laws,
2012 made by the Nagar Panchayat Nadaun in exercise of the power conformed by Section 216,
217 and Section 219 read with Clause (Y and zb) of sub section (1) of Section 202 of the Himachal
Pradesh Municipal Act, 1994 (Act No 13 of 1994) as amended from time to time are hereby
published in Rajpatra, Himachal Pradesh (extraordinary) for the information of general public and
notice is hereby given that the said draft bye-laws shall be considered by the Nagar Panchayat
Nadaunr after expire of a period of 15 days from the date of its publication in Rajpatra, Himachal
Pradesh.
If any person, likely to be affected by these draft bye-laws has any objection(s) against these
draft rules, he may sent the written objections to the Secretary of Nagar Panchayat Nadaun with in
the aforesaid period.
Objections, if any received within the period as specified above, shall be taken into consi-
deration by the Nagar Panchayat Nadaun before finalizing these bye-laws namely:—
“Nagar Panchayat Nadaun (Control and regulation) of Muck Dumping Bye-laws, 2012”
Preliminary
1.
Short title, commencement and application.—(i) these Bye-laws may be called
“Nagar Panchayat Nadaun (Control and regulation) of Muck Dumping Bye-laws, 2012”.
(ii) These Bye-laws shall come in to force from the date of their publication in the Rajpatra
(extraordinary) Himachal Pradesh.
(iii) These Bye-laws shall be applicable within the jurisdiction of Nagar Panchayat Nadaun
as defined from time to time.
1. Definitions.—(i) In these Bye-laws, unless the context otherwise requires:—
(a) “Act”-means the Himachal Pradesh Municipal Act 1994 (Act No 13 of 1994) as
amended from time to time.
(b) “Applicant”-means any person applying for permission for dumping of Muck in the
authorized dumping places as specified by the nagar Panchayat Nadaun.
(c) “Authorized Officer”-means any officer/official duly authorized by the Nagar
Panchayat Nadaununder these Bye-laws.
(d) “Muck”-includes earth or stone, material of any description or any rubbish or polluted
or obnoxious matter or Debries including building, construction waste.
(e) “Place”-mean authorized site specified by the Nagar Panchayat Nadaun for dumping of
Muck.
(f) “Judicial Magistrate First Class”-means the Judicial Magistrate having jurisdiction
over the area of Nagar Panchayat Nadaun under Act.
6845
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(g) Words and expression used in these Bye-laws but not defined herein shall have the
meaning respectfully assigned to them under the Act.
3.
Prohibition on Muck Dumping.—(i) no person ,either by himself or through another,
shall knowingly or otherwise throw or cause to be thrown any kind of Muck in any place other
than place specified by the Nagar Panchayat Nadaun for dumping of Muck within their area.
(ii)any person found dumping the muck illegally unauthorisedly and without any permission
shall be liable for penalty under these Bye-laws and the vehicle or tools used for such
dumping shall be impounded.
4.
Procedure for Application and grant of permission.—(i) applicant or the person
concerned intended to commence the construction within the area of the Nagar Panchayat Nadaun
shall in writing submit detailed estimate of Muck to be generated from the plot/construction site to
the Nagar Panchayat Nadaun on the prescribed proforma appendix-1 at the time of submission of
their building map/plan for sanction. The building plan without such estimate shall not be
considered for sanction.
(ii) the estimate submitted by the applicant shall be verified by the concerned official
after spot inspection and thereafter the carriage of muck to the generated from the
plot/construction site shall be assessed for raising the bill and for according
necessary permission in favour of the applicant.
(iii) The permission for dumping of debris shall be accorded only after obtaining
receipt of the amount deposited the applicant in the Nagar Panchayat Nadaun on
this account.
(iv) the place for dumping of muck shall be communicated to the applicant by the
Nagar Panchayat Nadaun authorities in writing and the name of the place/site for
dumping or debris by the applicant shall also be mentioned in their building
sanction letter. Further, intimation of the same shall also be given to the
concerned official or to the concerned agency or the contractor hired or engaged
by the Nagar Panchayat Nadaun for managing the dumping site.
(v) during transaction of the Muck, a person shall have to carry the original
permission a copy of which shall be affixed on the windscreen of the vehicle and
same shall to be show to the authorized Officer of the Nagar PanchayatNadaun at
the time of inspection.
(vi) there shall be a restriction on movement of the vehicle carrying Muck after the
sun set and before the sun rise. The normal timings for dumping the Muck in
dumping site shall be between 9.00 A.M. to 5.00 P.M. However, in the case of
exigencies, the Nagar Panchayat Nadaunmay in writing relax such restrictions.
(vii) no one shall be permitted to carry the digging and excavation of plot or land after
sun set and before sun rise but the Nagar Panchayat Nadaun in the larger public
interest or in the case of emergentsituation may relax such imposition/restrictions
on receiving written request from the applicant or the concerned agency or the
authority interested in this regard.
(viii) the person after obtaining the sanction of building map from the competent
authority or before raising the construction at site is required to install a painted
board of the Size of 2feet × 3 feet indicating therein the number and date of the
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sanctioned, commencement of construction and hours during which construction
can be carried out, time when excavation can be done, name of dumping site
allotted to the applicant for the purpose of dumping muck, nature of sanction, the
area of construction sanctioned on each floor and the telephone number of the
office/Control Room set up by the Nagar Panchayat Nadaun for entertainment of
complaints etc.
(ix) the Nagar Panchayat shall prescribe the conditions relating to the application of
muck generation from the plot, grant of sanction muck disposal and condition
relating to affixing of board at site giving therein the detail as mentioned in clause
(viii) at the time of building sanction.
5.
Rate of dumping of muck.—the following rates shall be applicable for dumping of
muck in the specified places.
(1) Pick up
Rs. 100/- per pickup
(2) Tipper light duty
Rs. 300/- per tipper
(3) Tractor trolley
Rs. 200/- per trolley
(4) Tipper Heavy duty
Rs. 500/- per tipper/truck
an increase of 10% on these rates shall be applicable after every financial year which shall
be notified by the Nagar Panchayat Nadaun.
In case where muck is dumped not by use of mechanized but by use of manual labour horse
carts, wheel barrow, hand cart, etc the following rates shall be applicable for dumping of muck in
the specified places.
(1) Horse Cart
Rs. 30/- per trip
(2) Wheel barrows /hand cart
Rs. 10/- per trip
(3) Manual
Rs. 1/- per basket
6.
Duties and responsibilities of person concerned.—(i) it shall be the duty and
responsibility of owner to make available all the sanctions/permission granted by the component
authority to the person so hired or engaged by him for dumping of muck in a specified places as
specified by the Nagar Panchayat Nadaun.
(ii) whosoever is found dumping muck other than the places specified by the
Nagar Panchayat Nadaun, the owner or the person caught dumping the muck
shall be liable jointly for penalty under these Bye-laws.
(iii) at the time of transportationof muck, the person concerned shall make available
the permission to the inspecting staff at the time of inspection of vehicle without
causing any hindrance.
7.
Impounding of vehicle.—(i) the authorized officer or the police establishment or the
Nagar PanchayatNadaun in this behalf either on the information received by himself or through
other source shall immediately on receiving such information may stop and inspect the vehicle
carrying muck for the purpose of ascertaining the required permission at any point of time and
impound the same if any found violating the provision of these Bye-laws.
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(ii) the vehicle shall only be released in case the register owner of the vehicle applies
for compounding of offences under these Bye-laws.
(iii) the official impounding the vehicle shall impounding the vehicle shall
immediately report in writing about the impounding of vehicle to the authorized
officer/official and keep the same in custody at the place designated by the nagar
Panchayat Nadaun till it is not released to the registered owner. The halt charges
of the vehicle at such designated place shall be levied at the rate of Rs. 500/- per
day payable by registered owner to the Nagar Panchayat Nadaun in cash or
through demand draft.
8.
Compounding of offences.—all the offences punishable under these bye-laws may,
before the institution of prosecution, be compounded by such officer as may be authorized by the
Nagar PanchayatNadaun or Secretary in this behalf, on payment of sum Rs. 100/- such officer
under these Bye-laws.
(ii) The junior engineer of Nagar Panchayat Nadaun is also authorized to panel action
against the guilty found under this act.
9.
Offences to be tried summarily.—the offences which are not compounded shall be
tried in a summary manner by the special judicial Magistrate First Class of the concerned
municipal area under section 2060 of the code of criminal procedure.
(i) if anycases of disposal of muck where no planning/Building permission is required .
Therefore these bye-laws should not only deal with muck being generated on account of
construction where building permission is required but even where such building permission is not
required. For example, when a person carries out minor repair of his house he may not be required
to obtain permission but muck may be generated. The whole muck dumping Bye-laws 2012 shall
also be applicable in these cases.
10. Penalty.—(i) whosoever is guilty of dumping Muck other than the place specified
/notified by the Nagar PanchayatNadaunthe rates of penalty shall be ten time at the first instance,
twenty time at the second instance and for the third instance or thereafter the amount of penalty
shall be thirty time of the actual rate of dumping as fixed by the Nagar Panchayat Nadaun in
respect of the class and make of vehicle as defined in clause 5 of these Bye-laws.
(ii) and where muck is dumped not by use of mechanized means but by use of manual
labourmules etc. whosoever is guilty of dumping muck other than the place specified/
notified by the Nagar Panchayat Nadaun penalty shall be Five time at the first
instance,ten time at the second instance and for the third instance or thereafter the
amount of penalty shall be fifteen timeof the actual rate of dumping as fixed by the
Nagar PanchayatNadaunin respect of the class and make of vehicle and manual,
mules, carts as defined clause 5 of these bye-laws.
(iii) in case of repeated violation, in addition to penalty as specified above, the owner at
whose instance the construction/excavation work is carried and is found dumping the
Muck illegally or without the permission of the component authority as the case may
be shall also be liable for disconnection of water, electricity and others civic amenities
and the concerned officer/official may request the competent authority for withdrawal
of recognition and registration granted in favour of the owner concerned.
By order,
Sd/-
Secretary,
Nagar Panchayat, Nadaun.
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NAGAR PANCHAYAT SUJANPUR TIHRA (Name of NP) Sujanpur Tihra (CONTROL
AND REGULATION) OF WORK MUCK DUMPING BYE-LAWS, 2012
NOTIFICATION
Sujanpur, 12th February, 2013
No. Muck-Dumping/NP/2013-136.—The following Muck Dumping bye-laws, 2012
made by the NP in exercise of the power conferred by Section 216, 217 and Section 219 read with
Clause (y and z) of sub section (1)of Section 202 of the Himachal Pradesh Municipal Act, 1994
(Act No. 13 of 1994) as amended from time to time are hereby published in the Rajpatra, Himachal
Pradesh (extraordinary) for the information of general public and notice is hereby given that the
said draft bye-laws shall be considered by the MC/NP after expiry of a period of 15 days from the
date of its publication in the Rajpatra, Himachal Pradesh.
If any person, likely to be affected by these draft bye-laws has any , objection (s) against
these draft rules , he may sent the written objections to the Secretary of Nagar panchayat Sujanpur
Tihra , with in the aforesaid period.
Objections , if any, received within period as specified above , shall be taken into
consideration by the NP before finalizing these bye-laws namely:-
“NP Sujanpur Tihra (Control and Regulation) of Muck Dumping Bye-Laws, 2012”
Preliminary
1. Short title, commencement and application.—(i) These Bye-Laws may be called,
“NP Sujanpur Tihra(Control and Regulation) of Muck Dumping Bye-Laws ,2012”
(ii) These Bye-Laws shall come into force the date of their publication in the Rajpatra
(extraordinary) Himachal Pradesh.
(iii) These Bye-Laws shall be applicable within the jurisdiction of NP Sujanpur Tihra as
defined from time to time.
2. Definitions.— (i) in these bye-laws, unless the context otherwise requires:—
(a) “Act”- means the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994) as
amended from time to time.
(b) “Applicant”- means any person applying for permission for dumping of Muck in the
authorized dumping places as specified by the NP.
(c) “Authorized Officer”- means any Officer/Official duly authorized by the NP
Sujanpur under these bye-laws.
(d) “Muck”- includes earth or stone, material of any description or any rubbish or polluted
or obnoxious matter or Debris including building, construction waste.
(e) “Place”- means authorized site specified by the NP Sujanpur for dumping of Muck.
(f) “Judicial Magistrate First Class”- means the Judicial Magistrate having jurisdiction
over the area of NP Sujanpur under the Act.
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(g) Words and expressions used in these Bye-Laws but not defined here in shall have the
meaning respectfully assigned to them under the Act.
3. Prohibition on Muck Dumping.—(i) no person , either by himself or through another
, shall knowingly or otherwise throw or cause to be thrown any kind of Muck in any place other
than the place specified by the NP Sujanpur Tihra for dumping of Muck with in their area.
(ii) Any person found dumping the Muck illegally, unauthorized and without any
permission shall be liable for penalty under these Bye-laws and the vehicle or tools used for such
dumping shall be impounded.
(4) Procedure for Application and grant of permission.—(i) applicant or the person
concerned intended to commence the construction within the area of the MC/NP shall in writing
submit detailed estimate if Muck to be generated from the plot, construction site to the NP on the
prescribed Performa annexed with these Bye-laws as appendix-I at the time of submission of their
building map/plan for sanction. The building plan without such estimate shall not be considered for
sanction.
(ii) The estimate submitted by the applicant shall be verified by the concerned official after
spot inspection and thereafter the carriage of muck to be.
(iii) The NP shall prescribe the conditions relating to the application of muck generation
from the plot, grant of sanction for muck disposal and condition relating to affixing of board at site
giving therein the detail as mentioned in clause (viii) at the time of grant of building sanction.
5. Rates for dumping of Muck.— The following rates shall be applicable for dumping of
Muck in the specified places.
(i) Manual Rs. 10/- Per load
(ii) Mule Rs. 20/- Per
(iii) Pick up Rs. 300/- per pickup
(ix) Tipper light duty Rs. 700/- per tipper
(v) Tipper Heavy duty/truck Rs. 1200/- per tipper/truck.
An increase of 10% on these rates shall be applicable after every financial year which shall
be notified by the MC/NP.
6. Duties and responsibilities of person concerned.—(i) it shall be the duty and
responsibility of owner to make available all the sanctions/permission granted by the competent
authority to the person so hired or engaged by him for dumping of Muck in a specified by the NP.
(ii) Who so ever is found dumping Muck other than the place specified by the NP, the
owner or the person caught dumping the Muck shall be liable jointly for penalty under
these Bye-laws.
(iii) At the time of transportation of Muck, the person concerned shall make available the
permission to the inspecting staff at the time of inspection of vehicle without causing
any hindrance.
7. Impounding of vehicle.—(i) The authorized officer or the police establishment of the
MC/NP in this behalf either on the information received by himself or through other source shall
immediately on receiving such information may stop and inspect the vehicle carrying muck for the
6850
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purpose of ascertaining the required permission at any point of time and impound the same if found
violating the provisions of these Bye-laws.
(ii) The vehicle shall only be released in case the register owner of the vehicle applies for
compounding of offences under these Bye-laws generated from the plot/ construction
site shall be assessed for raising the bill and for according necessary permission in
favour of the applicant.
(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of
the amount deposited by the applicant in the NP on this account.
(iv) The place for dumping of muck shall be communicated to the applicant by the NP
authorities in writing and the same of the place/ site for dumping of debris by the
applicant shall also be mentioned in their building sanction letter. Further, intimation
of the same shall also be given to the concerned official or to the concerned agency. Or
the contractor hired or engaged by the NP for managing the dumping site.
(v) During transportation of the Muck, a person shall have to carry the original permission
a copy of which shall be affixed on the windscreen of the vehicle and the same shall
have to be shown to the authorized Officer of the NP at the time of inspection.
(vi) There shall be a restriction on movement of the vehicle carrying Muck after the sun set
and before sun rise. The normal timings for dumping the Muck in the dumping site
shall be between 09:00 A.M to 05:00 P.M. However, in the case of exigencies, the NP
may in writing relax such restrictions.
(vii) No one shall be permitted to carry the digging and excavation of plot or land after sun
set and before sun rise but the NP in the larger public interest or in the case of
emergent situation may relax such imposition/restrictions on receiving written request
from the applicant or the concerned agency or the authority interested in this regard.
(viii) The person after obtaining the sanction of building map from the competent authority
or before raising the construction at site is required to install a painted board size of
…... x …… indicating there in the number and date of the sanction , commencement of
construction and hours during which construction can be carried out , time when
excavation can be done , name of dumping site allotted to the applicant for the purpose
of dumping muck , nature of sanction , the area of construction sanctioned on each
floor and the telephone number of the Office/Control Room set up by the NP for
entertainment of complaints etc.
(ix) The official impounding the vehicle shall immediately report in writing about the
impounding of vehicle to the authorized officer / official and keep the same in custody
at the place designated by the NP till it is not released to the registered owner. The halt
charges of the vehicle at such designated place shall be levied at the rate of Rs. 1000/-
per day payable by registered owner to the NP in cash or through demand draft.
8. Compounding of offences.—All the offences punishable under these Bye-laws may,
before , the institution of Prosecution , be compounded by such officer as may be authorized by the
NP or Executive / Secretary in this behalf , on payment of such sum as may be specified by such
officer under these Bye-laws.
6851
jkti=] fgekpy izns'k] 20 Qjojh] 2013@1 QkYxqu] 1934
9. Offences to be tried summarily.—The offences which are not compounded shall be
tried in a summary manner by the Judicial Magistrate First Class of the concerned municipal area
under section 260 of the code of Criminal Procedure.
10. Penalty.—(i) whosoever, is guilty of dumping Muck other than the place
specified/notified by the NP, the rate of penalty shall be ten times at the first instance, twenty times
at the second instance and for the third instance or there after the amount of penalty shall by thirty
times of the actual rate of dumping as fixed by the NP in respect of the class and make of vehicle as
defined in Clause 5 of these Bye-laws.
(ii) In case of repeated violation , in addition to penalty as specified above , the owner at
whose instance the construction / excavation work is carried and is found dumping the Muck
illegally or without the permission of the competent authority as the case may be , shall also be
liable for disconnection of water , electricity and others civic amenities and the concerned Officer /
Official may request the competent authority for withdrawal of recognition and registration if any
granted in their favour including withdrawal of building sanction granted in favour of the owner
concerned.
By order
Sd/-
Secretary,
Nagar panchayat Sujanpur Tihra,
Distt. Hamirpur (HP).
_________
IRRIGATION & PUBLIC HEALTH DEPARTMENT
NOTIFICATION
Shimla-171002, the 18 February, 2013
No. PBW(PH)-F(5)-8/2002-XI.—In partial modification of this department’s Notification
of even number dated 29th October, 2011, the Governor, Himachal Pradesh is pleased to substitute
Sr. No. 2, Special Secretary (IPH) by the Superintending Engineer, IPH concerned as Member of
the Distt. Level Selection Committee for the selection of Functionaries by the Selected
NGOs/Outsourcing Agencies.
The schedule of meetings of the District Selection Committees will be finalized by the
concerned SE (IPH).
This notification can be accessed on eGazette of HP Govt. also.
By order,
Sd/-
Principal Secretary (IPH).
_______
flapkbZ ,oa tu LokLF; foHkkx
vf/klwpuk
f'keyk&2] 19 Qjojh] 2013
la[;k%vkbZ0ih0,p0&ch¼,p½1&2@2013&gehjiqj-&&;r% jkT;iky fgekpy izns'k dks ;g izrhr
gksrk gS fd fgekpy izns'k ljdkj }kjk ljdkjh O;; ij lkoZtfud iz;kstu gsrq uker% xkao iykgh ekStk
6852
jkti=] fgekpy izns'k] 20 Qjojh] 2013@1 QkYxqu] 1934
ohM+ oxsgM+k rglhy lqtkuiqj ftyk gehjiqj esa mBkÅ is;ty ;kstuk lqtkuiqj ds fuekZ.k gsrq Hkwfe vftZr
djuh visf{kr gS] vr,oa ,rn}kjk ;g vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= esa tSlk fd fuEu
fooj.kh esa fufnZ"V fd;k x;k gS mijksDr iz;kstu ds fy, Hkwfe dk vtZu visf{kr gSA
2- ;g vf/klwpuk ,sls lHkh O;fDr;ksa dks tks bl ls lEcfU/kr gSa] ;k gks ldrs gSa] dh tkudkjh
ds fy, Hkwfe vtZu vf/kfu;e] 1894 dh /kkjk&4 ds micU/kksa ds vUrxZr tkjh dh tkrh gSA
3- iwokZsDr /kkjk }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT;iky] fgekpy izns'k bl le; bl
miØe esa dk;Zjr lHkh vf/kdkfj;ksa muds deZpkfj;ksa vkSj Jfedksa dks bykds dh fdlh Hkh Hkwfe esa izos'k
djus rFkk loZs{k.k djus vkSj ml /kkjk }kjk visf{kr vFkok vuqer% lHkh vU; dk;kZsa dks djus ds fy,
lg"kZ izkf/kdkj nsrs gSaA
4- dksbZ Hkh fgrc) O;fDr ftls mDr ifj{ks= esa dfFkr Hkwfe ds vtZu ij dksbZ vkifRr gks rks
og bl vf/klwpuk ds izdkf'kr gksus ds rhl fnuksa dh vof/k ds Hkhrj fyf[kr :i esa Hkw&vtZu lekgrkZ]
e.Mh fgekpy izns'k yksd fuekZ.k foHkkx] ds le{k viuh vkifRr nk;j dj ldrk gSA
foLr`r fooj.kh
ftyk
Rkglhy
xkao
[kljk ua0
{ks=@duky ejys esa
gehjiqj
lqtkuiqj
iykgh
254/1
00-09
258/1
00-02
258/2
00-05
fdrk&3
00-16
vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼flapkbZ ,oa tu LokLF;½A
&&&&&&
flapkbZ ,oa tu LokLF; foHkkx
vf/klwpuk
f'keyk&2] 19 Qjojh] 2013
la[;k vkbZ-ih-,p-&ch¼,p½1&16@2012&e.Mh&1-&&;r% fgekpy izns'k ds jkT;iky dks ;g izrhr
gksrk gS fd fgekpy izns'k ljdkj dks ljdkjh O;; ij lkoZtfud iz;kstu gsrq uker% xkao eyksg@102
rglhy lqUnjuxj ftyk e.Mh esa mBkÅ is;ty ;kstuk fj;wj ykx eyksg esa ty Hk.Mkj.k ds fuekZ.k gsrq
Hkwfe yh tkuh visf{kr gS] vr,o ,rn~}kjk ;g ?kksf"kr fd;k tkrk gS fd fuEufyf[kr foLr`r fooj.kh esa
of.kZr Hkwfe mi;qZDr iz;kstu ds fy, visf{kr gSA
2- Hkwfe vtZu vf/kfu;e]1894 dh /kkjk 6 ds micU/kksa ds v/khu lHkh lEcfU/kr O;fDr;ksa dh
lwpuk ds fy, ?kks"k.kk dh tkrh gS rFkk mDr vf/kfu;e dh /kkjk 7 ds micU/kksa ds v/khu lekgrkZ]
Hkw&vtZu fgekpy izns'k yksd fuekZ.k foHkkx e.Mh] ftyk e.Mh dks mDr Hkwfe ds vtZu ds fy, vkns'k ysus
dk ,rn~}kjk funZs'k fn;k tkrk gS A
3- Hkwfe dk js[kkad] lekgrkZ] Hkw&vtZu yksd fuekZ.k foHkkx e.Mh fgekpy izns'k ds dk;kZy; esa
fujh{k.k fd;k tk ldrk gSA
6853
jkti=] fgekpy izns'k] 20 Qjojh] 2013@1 QkYxqu] 1934
foLr`r fooj.kh
ftyk
rglhy
xkao
[kljk ua0
{ks= ch?kk@foLok esa
e.Mh
lqUnjuxj
eyksg@102
588/1
0-00-12
vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼flapkbZ ,oa tu LokLF;½A
&&&&&&
flapkbZ ,oa tu LokLF; foHkkx
vf/klwpuk
f”keyk&2] 19 Qjojh] 2013
la[;k vkbZ-ih-,p¼,p½1&3@2012&f”keyk&1-&&;r% fgekpy izns”k ds jkT;iky dks ;g izrhr
gksrk gS fd fgekpy izns”k ljdkj dks ljdkjh O;; ij lkoZtfud iz;kstu ds fy, uker% xkao eySgM+h
rglhy fB;ksx ftyk f”keyk esa mBkÅ is;ty ;kstuk f}rh; pj.k iEi gkÅl ds fuekZ.k gsrq Hkwfe yh
tkuh visf{kr gS] vr,o ,rn~}kjk ;g ?kksf’kr fd;k tkrk gS fd fuEufyf[kr foLr`r fooj.kh esa of.kZr Hkwfe
mi;qZDr iz;kstu ds fy, visf{kr gS A
2- Hkwfe vtZu vf/kfu;e] 894 dh /kkjk 6 ds micU/kksa ds v/khu lHkh lEcfU/kr O;fDr;ksa dh
lwpuk ds fy, ?kks’k.kk dh tkrh gS rFkk mDr vf/kfu;e dh /kkjk 7 ds micU/kksa ds v/khu lekgrkZ]
Hkw&vtuZ fgekpy izns”k yksd fuekZ.k foHkkx f”keyk] ftyk f”keyk dks mDr Hkwfe ds vtZu ds fy, vkns”k
ysus dk ,rn }kjk funs”k fn;k tkrk gS A
3- Hkwfe dk js[kkad] lekgrkZ] Hkw&vtZu ykds fuekZ.k foHkkx f”keyk] fgekpy izns”k ds dk;kZy; esa
fujh{k.k fd;k tk ldrk gSA
foLr`r fooj.kh
ftyk
rglhy
xkao
[kljk ua0
{ks=@gSDV;j esa
f”keyk
fB;ksx
eySgM+h
170/1
0-02-13
vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼flapkbZ ,oa tu LokLF;½A
&&&&&&
flapkbZ ,oa tu LokLF; foHkkx
vf/klwpuk
f”keyk&2] 19 Qjojh] 2013
la[;k vkbZ-ih-,p¼,p½8&56@2011&f”keyk&1-&&;r% fgekpy izns”k ds jkT;iky dks ;g izrhr
gksrk gS fd fgekpy izns”k ljdkj dks ljdkjh O;; ij lkoZtfud iz;kstu ds fy, uker% xkao fj;k.kk
6854
jkti=] fgekpy izns'k] 20 Qjojh] 2013@1 QkYxqu] 1934
rglhy fB;ksx ftyk f”keyk esa mBkÅ is;ty ;kstuk iEi gkÅl fj;k.kk ds fuekZ.k gsrq Hkwfe yh tkuh
visf{kr gS] vr,o ,rn~}kjk ;g ?kksf’kr fd;k tkrk gS fd fuEufyf[kr foLr`r fooj.kh esa of.kZr Hkwfe
mi;qZDr iz;kstu ds fy, visf{kr gSA
2- Hkwfe vtZu vf/kfu;e] 1894 dh /kkjk 6 ds micU/kksa ds v/khu lHkh lEcfU/kr O;fDr;ksa dh
lwpuk ds fy, ?kks’k.kk dh tkrh gS rFkk mDr vf/kfu;e dh /kkjk 7 ds micU/kksa ds v/khu lekgrkZ]
Hkw&vtuZ fgekpy izns”k yksd fuekZ.k foHkkx f”keyk] ftyk f”keyk dks mDr Hkwfe ds vtZu ds fy, vkns”k
ysus dk ,rn }kjk funs”k fn;k tkrk gS A
3- Hkwfe dk js[kkad] lekgrkZ] Hkw&vtZu yksd fuekZ.k foHkkx f”keyk] fgekpy izns”k ds dk;kZy; esa
fujh{k.k fd;k tk ldrk gSA
foLr`r fooj.kh
ftyk
rglhy
xkao
[kljk ua0
{ks=@gSDV;j esa
f”keyk
fB;ksx
fj;k.kk
202/1
0-06-60
vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼flapkbZ ,oa tu LokLF;½A
fu;U=d] eqnz.k rFkk ys[ku lkexzh] fgekpy izns'k] f'keyk&5 }kjk eqfnzr rFkk izdkf'kr