jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] eaxyokj] 23 vizSy] 2013@3 oS'kk[k] 1935
fgekpy izns'k ljdkj
NAGAR PANCHAYAT DEHRA (Name of NP) DEHRA (CONTROL AND REGULATION)
OF WORK MUCK DUMPING BYE-LAWS, 2013.
NOTIFICATION
Dehra, the 11th April, 2013
No. 253-NPD/2013(1).—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 Dehra,
with in the aforesaid period.
17&jkti=@2013&23&04&2013 ¼375½
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Objections, if any, received within period as specified above, shall be taken into
consideration by the NP before finalizing these bye-laws namely:—
“NP Dehra (Control and Regulation) of Muck Dumping Bye-Laws, 2013”
Preliminary
1.
Short title, commencement and application.— (i) These Bye-Laws may be called,
“NP Dehra(Control and Regulation) of Muck Dumping Bye-Laws ,2013”
(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 Dehra 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 Dehra 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 Dehra for dumping of
Muck.
(f)
“Judicial Magistrate First Class”- means the Judicial Magistrate having
jurisdiction over the area of NP Dehra under the Act.
(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 Dehra 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.
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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)
Manual
Rs. 10/- per load
(ii) Mule
Rs. 20/- per trip
(iii) Pick up
Rs. 300/- per trip
(iv)
Tipper light duty Rs. 700/- per trip
(v)
Tipper Heavy duty/truck
Rs. 1200/- per trip
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 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.
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(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.
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 Dehra,
Distt-Kangra (HP).
________
MUNICIPAL COUNCIL KANGRA
NOTIFICATION
Kangra, the 10th April, 2013
No. MCK/2013-600(1).—In exercise of the powers conferred by Clause (A) of Section 202
of the Himachal Pradesh Municipal Act, 1994 as amended from time to time the following muck
dumping by-laws formulated by the M.C Kangra are hereby published in the Rajpatra, Himachal
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Pradesh (extraordinary) for the information of general public and notice is hereby given that the
said draft bye-laws shall be considered by the Council after expiry of a period of 30 days from the
date of their 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 bye-laws, he may send written objections to the Executive Officer, Municipal Council Kangra
within the aforesaid period.
Objections, if any, received within the period as specified above, shall be taken into
consideration by the Municipal Council Kangra, before finalizing these bye-laws namely:-
MUNICIPAL COUNCIL KANGRA (CONTROL AND REGULATION OF
MUCK DUMPING) BYE-LAWS, 2013
Preliminary
1.
Short title, commencement and application.—(i) These Bye-laws may be called,
“Municipal Council Kangra (Control and Regulation of Muck Dumping) Bye-laws,2013.”
(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 Council
Kangra as defined from time to time.
2.
Definitions.— (i) In these Bye-laws, unless the context otherwise requires:—
(a)
“Act”- means the Himachal Pradesh Municipality Act, 1994 (Act No. 12 of
1994) as amended form time to time.
(b)
“ Applicant”-means any person applying for permission for dumping of
muck in the authorized dumping places as specified by the Council.
(c)
“Authorized Officer”- means any Officer/official duly authorized by the
Municipal Council or its Executive Officer 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 Municipal Council for
dumping of muck.
(f)
“ Special Judicial Magistrate First Class”- means the judicial Magistrate
having jurisdiction over the area of Municipal Council Kangra 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 municipality for dumping or muck within the area of the
Municipal Council.
(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.
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4.
Procedure for application and grant of permission.— (i) Applicant or the person
concerned, intending to commence construction within the area of the Municipal Council shall in
writing submit detailed estimate of muck to be generated from the plot/construction site to the
municipality on the prescribed proforma annexed with these bye-laws as Appendix-I at the time of
submission of his/her building or in the case where no planning permission is required, the
permission for dumping debris shall be obtained from the municipality authorities by moving an
application mentioning therein full particulars of the applicant, location for the building and the
estimate/quantity of muck to be generated.
(ii)
The estimate submitted by the applicant shall be verified by the AE/JE of the
Municipal Council after spot inspection and thereafter shall be sent to the Executive
Officer, Municipal Council 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 Municipal Council on this
account.
(iv)
The place for dumping of muck shall be communicated to the applicant be the
Municipal Council 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 AE/JE of the Municipal
Council or to the concerned agency or the contractor hired or engaged by the
Municipal Council 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 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 Municipal Council 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 Municipal Council area the M.C or E.O 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 nut Municipality, in the larger public interest or in the
case of emergent circumstances may relax such imposition/restriction, 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 3’x2’ 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 EO/Engineering Branch.
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(ix)
The Architect Planner Branch of the MC/EO 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 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)
Per cement bag
` 10/- per bag
(ii)
Pickup
` 200/- per Pickup
(iii)
Tipper light duty/LMV Tipper
` 500/- per Tipper
(iv)
Tipper Heavy duty/Truck
` 800/- per Tipper/Truck
(v)
By Mule
` 20/- per trip
(vi)
By Manual
` 10/- per bag
an increase of 10% on these rates shall be applicable after every financial year which shall
be notified by the Municipal Council.
6.
Duties and responsibilities of the applicant/owner- (i) It shall be the duty and
responsibility of the owner to make available all the sanction/permission granted by the competent
authority to the person so hired or engaged by him for dumping of muck in the place specified by
the Municipality.
(ii) Whosoever is found dumping muck at a place other than the places and in
contravention of conditions specified by the Municipal Council, 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 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 EO/AE of the Municipality and keep the same in custody at the place
designated by the Municipal Council till it not released to the registered owner. The
halt charges of vehicle at such designated place shall be levied at the rate of `
1000/- per day payable by registered owner to the municipality 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
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the Corporation or its municipal Council in this behalf, on payment of such sum as may be
specified by E.O municipality under the Bye-laws.
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 area having jurisdiction.
10.
Penalty.—(i) Whosoever, is guilty of dumping muck at a place other than the
place(s) specified/notified by the Municipal Council, the rate of penalty shall be thirty times of the
actual rate of dumping as fixed by the Municipality 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 E.O 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.
By order,
Sd/-
Executive Officer,
Municipal Council, Kangra. (H.P)
__________
Appendix-I
(See Bye-law 4(i))
Performa for estimation Muck generation
1.
Name of the applicant of the
plot/land/project
2.
Area and Kh. No. of the
plot/land/project
3.
Location of the
plot/land/project including
Municipal Ward.
4.
Whether owner or building or
otherwise please specify.
5.
Estimate quantity of muck
to be generated (quantity
must be specified in cubic
meters) along with estimate
duly signed by the authorized
person.
Signature,
(Name and address of applicant)
Date:
Place:
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MUNICIPAL COUNCIL PALAMPUR (CONTROL AND REGULATION) OF MUCK
DUMPING BYE-LAWS, 2013
NOTIFICATION
Dated 19th February, 2013
No. MCP/2013-2259 (I).—The following Muck dumping bye-laws, 2013 made by the
Municipal Council Palampur in exercise of the power conferred 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 to be 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 Municipal Council Palampur
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 objection to the executive Officer of MC Palampur within the
aforesaid period.
Objections, if any, received within the period as specified above, shall be taken into
consideration by the Municipal Council Palampur finalizing these bye-laws namely Municipal
Council Palampur (Control and Regulation) of Muck Dumping Bye-Laws, 2013).
Preliminary
1.
Short title, commencement and application.— (i) These Bye-Laws may be called
Municipal Council Palampur (Control and Regulation) of Muck Dumping Bye-Laws, 2013).
(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 Council
Palampur 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 Municipal Council Palampur.
(c) “Authorized Officer”- means any Officer /Official duly authorized by the Municipal
Council Palampur under these Bye-laws.
(d) “Muck”- includes earth or stone, materials of any description or any rubbish or
polluted or obnoxious matter or Debris including building , construction waste.
(e) “Place” –means authorized site (near I&PH Rest House) specified by the Municipal
Council for dumping of Muck.
(f) “Judicial Magistrate First Class”- means the Judicial Magistrate having jurisdiction
over the area of Municipal Council Palampur under the Act.
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(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
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 Municipal Council for Muck within 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 Municipal Council shall in
writing submit detailed estimate of Muck to be generated from the plot/construction site to the
Municipal Council on the prescribed proforma annexed with these Bye-laws as appendix-I at the
time of submission or their building map/plan for sanction. The building plan without such estimate
shall not be constructed 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 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 Municipal Council Palampur on this account.
(iv) The place for dumping of muck shall be communication to the applicant by the
Municipal Council Palampur authorized 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 concerned official or to the concerned agency or the
contractor hired or engaged by the Municipal Council 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 Municipal Council Palampur 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 the dumping site shall be
between 9:00 A.M. to 5:00P.M. However, in the case of exigencies, the Municipal Council
Palampur 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 Municipal Council Palampur in the large public interest or in the
case of emergent situation may relax such imposition/restriction on receiving written request from
the applicant or the concerned agency or the authorized 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 4 x 6
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
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construction sanctioned on each floor and the telephone number of the Office/Control Room set up
by the Municipal Council Palampur entertainment of complaints etc.
(ix) The Municipal Council Palampur shall prescribe the conditions relating to the
application of muck generation from the plot of sanction for muck disposal and condition relating
to affixing of board at site giving there in the details as mentioned in clause (viii) at the time of
grant of building sanction.
5.
Rate for dumping of Muck.—the following rates shall be applicable for dumping of
Muck in the specified places.
(i) Pickup
Rs. 200/- per pickup
(ii) Tipper Light duty
Rs. 500/- per tipper
(iii) Tipper Heavy duty / truck
Rs. 1000/- per tipper /truck
(iv) Manual Dumping
Rs. 10/- per bag
(v) Dumping by mule
Rs. 20/- per mule
An increase of 10% on these rates shall be applicable after every financial year which shall
be notified by the Municipal Council Palampur.
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 places as
specified by the Municipal Council Palampur.
(ii) Whoever is found dumping Muck other than the place specified by the Municipal
Council, the owner or the person caught dumping the Muck shall be liable jointly for penalty under
these Bye- laws.
7.
Impounding of Vehicle.—(i) The authorized officer or the police establishment of the
Municipal Council Palampur 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 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.
(iii) 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 Municipal Council Palampur till it is not released to the register owner. The half
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 Municipal Council Palampur 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
Municipal Council Palampur or Executive Officer 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 by the Judicial Magistrate First Class of the concerned Municipal area under
section 260 of Code of Criminal procedure.
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10. Penalty-(i) whoever, is guilty of dumping Muck other than the place specified/notified
by the Municipal Council Palampur, 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 Municipal Council Palampur 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/-
Executive Officer,
Municipal Council,Palampur.
_________
NAGAR PANCHAYAT RAJGARH (CONTROL AND REGULATION) OF MUCK
DUMPING BYE -LAWS, 2013
NOTIFICATION
Dated 21st February, 2013
No. Secy/NPR/2013-284-92.— The following Muck Dumping Bye-Laws, 2013 made by
the N.P. RAJGARH in the exercise of the power conferred by section 216,217 and section 219 read
with clause (v and zb)of sub section (1) of section 202 of Himachal Pradesh Municipal Act 1994
(Act No13 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 NP. After expiry of 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 objection to the SECRETARY within the aforesaid
period.
Objections, if any, received with in the period as prescribed above, shall be taken in to
consideration by the NP. Rajgarh before finalizing these bye laws namely:—
“NP.RAJGARH (Control and Regulation) of Muck Dumping Bye laws 2013”
Preliminary
1. Short title, commencement and application.—(i) These bye laws may be called,”NP.
RAJGARH (Control and Regulation) of Muck Dumping Bye Laws 2013”
(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 NP. RAJGARH as
defined .
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From time to time.
2. Definition.—(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
authorized dumping place as specified by the NP.
(c) “Authorized Officer”- means any officer /official duly authorized by the NP.Rajgarh
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. Rajgarh for the dumping of muck.
(f) Judicial magistrate first class”- means the Judicial Magistrate having jurisdiction over
the area of N.P. Rajgarh under the Act.
(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 Rajgarh for dumping of muck within their area.
(ii) Any person found dumping the muck illegally, unauthorized and without any
permission shall be liable for penalty under bye-laws and he vehicles 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 NP. shall in writing submit
detailed estimate of Muck to be generated from the plot /construction site to the NP on the
prescribed Performa annexed with these bye-laws as 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. However in the case of repair of building or in the case where no planning permission is
required the permission for dumping debris shall obtain from the NP. Authorities by moving an
application mentioning therein the full particulars of the applicant of the applicant.
(ii) The estimate submitted by the applicant shall be verified by the concerned official after
spot inspection and thereafter shall be sent to Secretary/Junior Engineer Nagar Panchayat for
raising the bill and for according necessary permission in favour of applicant.
(iii) The permission for dumping of debris shall be accorded only after obtaining the receipt
of the amount to be deposited by the applicant in the N.P. on this account.
(iv) The place for dumping of muck shall be communicated to the applicant by the NP.
authority in writing and the name of place/area for dumping and name of the authority shall also be
mentioned in their building sanction letter further intimation of the sanction shall also be given to
junior engineer/sanitary inspector department of the NP. or to the concerned agency or the
contractor hired or engaged by the N.P. 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 wind screen of the vehicle and the same shall have to be
shown to the authorized officer of the N.P. 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.
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(vi) There shall be a restriction on the movement of the vehicles carrying muck after the
sun set and before the sun rise the normal timing for dumping muck in the dumping site will be
between 7.00am to 6.00 pm. However in case of exigencies and in view of traffic regulations in the
town in the area the NP. my 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 NP. in 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 size 3’x2’
indicating there in the number and date of 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 telephone number of the control room set by the N.P .for
entertainment of complaints etc.
(ix) The engineering branch of the Nagar Panchayat shall prescribed 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)
Per cement bag
Rs.1.00/-per bag
(ii) Pickup
Rs.50/- per pickup
(iii) Tipper light duty
Rs.150/- per tipper
(iv) Tipper heavy duty/truck
Rs.300/- per tipper/truck
(v)
Manual per bag
Rs.10.00/-per bag
(vi)
Mule
Rs.20.00/-per bag
An increase of 10% on the rates shall be applicable after every financial year which shall be
notified by the Nagar Panchayat.
6.
Duties and responsibilities of applicant/owner.—(i) it shall be the duty and
responsibility of the owner o make available all the sanctions/permissions granted by the competent
authority to the persons so hired or engaged by him for dumping of muck in the place specified by
the Nagar Panchayat.
(ii) Whosoever is found dumping muck at a place other than the places and in
contravention of the conditions specified by the NP., 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 of the police establishment of the
NP. 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
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ascertaining the required permission at any point of time and impound the same if found violating
the provision 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 to
Secretary/assistant engineer/Junior Engineer of N.P. and keep the same in custody at place
designated by the NP. till it is not released to the registered owner .The halt charges of this vehicle
at such designated place shall be levied @ Rs.500/- per day payable by registered owner to the NP.
in cash or through demand draft.
8. Compounding of offences.—All the offences published under these Bye- Laws may
before the institution of prosecution be compounded by such officer as may be authorized by the
NP. or its Secretary in this behalf, on payment of such sum as may be specified by such officer
under such 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 Municipal Council
under section383 of the Himachal Pradesh Municipal act 1994 read with section 260 of the code of
criminal procedure, 1973.
10. Penalty.— (i) Whosoever, is guilty of dumping muck at a place other than the place
(s) specified/notified by the municipal council the rate of penalty shall be three times at the first
instance,five times at the second instance and for the third instance or thereafter the amount of
penalty shall be ten times of the actual rate of dumping as fixed by the municipal council as per
clause 5 of the 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 other civic amenities and the Junior Engineer or
Sanitary Inspector 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.
By order,
Sd/-
Secretary,
Nagar Panchayat Rajgarh.
________
APPENDIX-1
(See Bye-laws 4(i))
Performa for estimation of muck generation
1.
Name of the applicant of the
Plot/land/project
2.
Area and Kh. No. of the
Plot/land/project
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3.
Location of the
Plot/land/project
4.
Whether owner or builder or
Otherwise please specify.
5.
Estimated quantity of muck
To be generated (quantity
Must be specified in cubic
Metres) along with estimate
duly signed by the authorized person
Signature
(Name and address of the applicant)
Date :
Place :
______
In the Court of Shri G. C. Negi, H.A.S., Sub-Divisional Magistrate, Shimla (Urban),
District Shimla, Himachal Pradesh
Ms. Tsering Dolker d/o Shri Sher Bhadur alias Nawang Tenzing, r/o House No. 4, Padam
Cottage, Dhingu Dhar, Sanjauli, Shimla, Himachal Pradesh
. . Applicant.
Versus
General public
. . Respondent.
Application under section 13 (3) of Birth and Death Registration Act, 1969.
Whereas, Ms. Tsering Dolker d/o Shri Sher Bhadur alias Nawang Tenzing, r/o House
No. 4, Padam Cottage, Dhingu Dhar, Sanjauli, Shimla, Himachal Pradesh has preferred an
application to the undersigned for the registration of her name Ms. Tsering Dolker and date of birth
24-10-1973 in the record of Municipal Corporation, Shimla (H.P.).
Therefore, by this proclamation, the general public is hereby informed that any person
having any objection for entry of her name and date of birth mentioned above, may submit his
objection in writing in this court on or before 16th May, 2013 failing which no objection will be
entertained after expiry of date and will be decided accordingly.
Given under my hand and the seal of the court on this 17th day of April, 2013.
Seal.
G. C. NEGI,
Sub-Divisional Magistrate, Shimla (Urban),
District Shimla, Himachal Pradesh.
______
In the Court of Shri G. C. Negi, H.A.S., Sub-Divisional Magistrate, Shimla (Urban),
District Shimla, Himachal Pradesh
Miss. Dolma Tsering d/o Shri Lhakpa, r/o House No. 3, Padam Cottage, Dhingu Dhar,
Sanjauli, Shimla, Himachal Pradesh
. . Applicant.
Versus
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General public
. . Respondent.
Application under section 13 (3) of Birth and Death Registration Act, 1969.
Whereas, Miss. Dolma Tsering d/o Shri Lhakpa, r/o House No. 3, Padam Cottage, Dhingu
Dhar, Sanjauli, Shimla, Himachal Pradesh has preferred an application to the undersigned for the
registration of her name Miss. Dolma Tsering and date of birth 16-07-1980 in the record of
Municipal Corporation, Shimla (H.P.).
Therefore, by this proclamation, the general public is hereby informed that any person
having any objection for entry of her name and date of birth mentioned above, may submit his
objection in writing in this court on or before 16th May, 2013 failing which no objection will be
entertained after expiry of date and will be decided accordingly.
Given under my hand and the seal of the court on this 17th day of April, 2013.
Seal.
G. C. NEGI,
Sub-Divisional Magistrate, Shimla (Urban),
District Shimla, Himachal Pradesh.
_______
In the Court of Shri G. C. Negi, H.A.S., Sub-Divisional Magistrate, Shimla (Urban),
District Shimla, Himachal Pradesh
Shri Amar Negi, s/o Shri Sher Bhadur alias Nawang Tenzing r/o House No. 4, Padam
Cottage, Dhingu Dhar, Sanjauli, Shimla, Himachal Pradesh
. . Applicant.
Versus
General public
. . Respondent.
Application under section 13 (3) of Birth and Death Registration Act, 1969.
Whereas, Shri Amar Negi d/o Shri Bhadur alias Nawang Tenzing r/o House No. 4, Padam
Cottage, Dhingu Dhar, Sanjauli, Shimla, Himachal Pradesh has preferred an application to the
undersigned for the registration of his name Shri Amar Negi and date of birth 24-09-1969 in the
record of Municipal Corporation, Shimla (H.P.).
Therefore, by this proclamation, the general public is hereby informed that any person
having any objection for entry of his name and date of birth mentioned above, may submit his
objection in writing in this court on or before 16th May, 2013 failing which no objection will be
entertained after expiry of date and will be decided accordingly.
Given under my hand and the seal of the court on this 17th day of April, 2013.
Seal.
G. C. NEGI,
Sub-Divisional Magistrate, Shimla (Urban),
District Shimla, Himachal Pradesh.
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