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HIGH COURT OF HIMACHAL PRADESH, SHIMLA– 171 0 01

NOTIFICATION

Shimla, the 29th April, 2013

No. HHC/GAZ/14-53/74-V.—In the interest of administration, the following transfers and

postings of the members of the H.P. Judicial Service are hereby ordered with immediate effect:—

1. Shri D. K. Sharma, Registrar Vigilance, High Court of H. P., Shimla is transferred and

posted as District and Sessions Judge, Una.

2. Shri Sushil Kukreja, District and Sessions Judge, Bilaspur is transferred and posted as

District and Sessions Judge, Kinnaur at Rampur Bushahr.

3. The services of Shri A. S. Jaswal, District and Sessions Judge, Kinnaur at Rampur

Bushahr are placed at the disposal of the State Government for being posted as

Presiding Officer, Labour Courtcum-Industrial Tribunal, Shimla.

25&jkti=@2013&02&05&2013 ¼595½

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4. Shri S.L. Sharma, District and Sessions Judge (Forest), Shimla is transferred and

posted as District and Sessions Judge, Solan.

5. Shri Virender Singh, District and Sessions Judge, Mandi is transferred and posted as

District and Sessions Judge, Kangra at Dharamshala.

6. Shri S. C. Kainthla, District and Sessions Judge, Solan is transferred and posted as

District and Sessions Judge, Mandi.

7. The services of Shri Rajeev Bhardwaj, President District Consumer Disputes Redressal

Forum, Mandi are recalled and he is posted as District and Sessions Judge, Bilaspur.

8. Shri Baldev Singh, District and Sessions Judge, Kullu is transferred and posted as

District and Sessions Judge (Forest), Shimla.

9. The services of Shri Purender Vaidya, Labour Court-cum-Industrial Tribunal, Shimla

are recalled and he is posted as District and Sessions Judge, Kullu.

10. The services of Shri J.N. Yadav, Addl. District and Sessions Judge, Solan on his

placement as District and Sessions Judge are placed at the disposal of the State

Government for being posted as President District Consumer Disputes Redressal

Forum, Mandi.

11. Shri Virender Sharma, Addl. District and Sessions Judge-I, Shimla is transferred and

posted as Addl. District and Sessions Judge-I, Solan.

12. Dr. Baldev, Addl. District and Sessions Judge-I, Mandi is transferred and posted as

Additional District and Sessions Judge-I, Shimla.

13. Shri K. K. Sharma, Addl. District and Sessions Judge-II) Solan is transferred and

posted as Additional District and Sessions Judge-II, Kangra at Dharamshala.

14. Shri P. P. Ranta, Addl. District and Sessions Judge, Ghumarwin is transferred and

posted as Addl. District and Sessions Judge-II, Mandi.

15. Shri Davinder Kumar, Addl. District and Sessions Judge-II, Una is transferred and

posted as Additional District and Sessions Judge-I, Una.

16. Shri Yogesh Jaswal, Addl. District and Sessions Judge-II, Shimla is transferred and

posted as Additional District and Sessions Judge, Ghumarwin.

17. Shri Bahadur Singh, Addl. District and Sessions Judge, Kullu is transferred and posted

as Additional District and Sessions Judge, Sirmaur at Nahan.

18. Shri. Pradeep Samyal, Civil Judge (Senior Division)-cum-CJM, Shimla is transferred

and posted as Civil Judge (Senior Division)-cum-CJM, Una.

19. Shri R. K. Tomar, Civil Judge (Senior Division)-cum-CJM, Una is transferred and

posted as Civil Judge (Senior Division)-cum-CJM, Kangra at Dharamshala.

20. Shri Ajay Mehta, Civil Judge (Senior Division)-cum-CJM, Kangra at Dharamshala is

transferred and posted as Civil Judge (Senior Division)-cum-CJM, Mandi.

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21. The services of Smt. Jyotsna S. Dadhwal, Additional Secretary (Law) to the

Government of H. P. are recalled and she is posted as Civil Judge (Senior Division)-

cum-CJM, Shimla.

22. Smt. Aparna Sharma, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Kangra is

transferred and posted as Civil Judge (Senior Division)-cum-CJM, Chamba on her

placement as Chief Judicial Magistrate.

23. Shri Krishan Kumar, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Sarkaghat

is transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Nurpur.

24. Shri Naresh Kumar, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Palampur is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1, Amb.

25. Smt. Praveen Chauhan, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Mandi

is transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Hamirpur.

26. Shri Vivek Sharma-I, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Nurpur is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Sarkaghat.

27. Shri Ranjeet Singh, Civil Judge (Senior Division)-cum-JMIC Court No.1, Ghumarwin

is transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Sundernagar.

28. Shri Rajesh Chauhan, Civil Judge (Senior Division)-cum-JMIC, Court No.2, Mandi is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Ghumarwin.

29. Shri Sachin Raghu, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Amb is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Theog.

30. Shri Rajinder Kumar, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Rohru is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Palampur.

31. Smt. Kanta Verma, Civil Judge (Senior Division)-cum-JMIC, Court No.2, Palampur is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1, Una.

32. Shri Arvind Kumar, Civil Judge (Senior Division)-cum-JMIC, Court No.2, Shimla is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1, Dehra.

33. Shri Abhay Mandyal, Civil Judge (Senior Division)-cum-JMIC, Court No.1, Una is

transferred and posted as Civil Judge (Senior Division)-cum-JMIC, Court No.1,

Kangra.

34. Shri Hitender Kumar, Civil Judge (Senior Division)-cum-JMIC, Barsar is transferred

and posted as Civil Judge (Senior Division)-cum-JMIC, Nadaun.

35. Shri Hoshiar Singh Verma, Civil Judge (Junior Division)-cum-JMIC, Court No.II,

Paonta Sahib is transferred and posted as Civil Judge (Senior Division)-cum-JMIC,

Nalagarh, on his promotion against vacant post.

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36. Shri Amit Mandyal, Civil Judge (Junior Division)-cum-JMIC Court No.4, Shimla is

transferred and posted as Civil Judge (Junior Division)-cum-JMIC, Court No.2, Amb.

37. Shri Ramnik Sharma, Civil Judge (Junior Division)-cum-JMIC, Court No. 2,

Ghumarwin is transferred and posted as Civil Judge (Junior Division)-cum-JMIC,

Court No. 2, Mandi.

38. Shri Vivek Sharma-II, Civil Judge (Junior Division)-cum-JMIC, Dalhousie is

transferred and posted as Civil Judge (Junior Division)-cum-JMIC, Court No.2,

Ghumarwin.

39. Shri Vikrant Kaundal, Civil Judge (Junior Division)-cum-JMIC, Solan is transferred

and posted as Civil Judge (Junior Division)-cum-JMIC, Barsar.

40. Shri Subhash Chander Bhaseen, Civil Judge (Junior Division)-cum-JMIC, Court No.2,

Amb is transferred and posted as Civil Judge (Junior Division)-cum-JMIC, Solan.

41. Ms. Divya Jyoti Patial, Civil Judge (Junior Division)-cum-JMIC Court No.2, Hamirpur

is transferred and posted as Civil Judge (Junior Division)-cum-JMIC, Court No.4, Una.

42. Shri Nikhil Aggarwal, Civil Judge (Junior Division)-cum-JMIC, Court No.7, Shimla is

transferred and posted as Civil Judge (Junior Division)-cum-JMIC, Court No.2,

Hamirpur.

43. Shri Hakikat, Civil Judge (Junior Division)-cum-JMIC, Court No.3, Hamirpur is

transferred and posted as Civil Judge (Junior Division)-cum-JMIC, Dalhousie.

44. Ms. Akshi Sharma, Civil Judge (Junior Division)-cum-JMIC, Court No.5, Shimla is

transferred and posted as Civil Judge (Jr. Division)-cum-JMIC, Court No.2, Dehra.

45. Ms. Neha Sharma, Civil Judge (Junior Division)-cum-JMIC, Court No.4, Una is

transferred and posted as Civil Judge (Jr. Division)-cum-JMIC, Court No. 4, Shimla.

The above named Judicial Officers will join their new places of postings on or before 20th

May, 2013.

By order of the Hon’ble High,

Court of Himachal Pradesh,

Registrar General.

______

MUNICIPAL COUNCIL DHARAMSHAL (CONTROL AND REGULATION) OF MUCK

DUMPING BYE-LAWS 2012

NOTIFICATION

Dated, 16^t^h Furuary, 2013

No. 3175.—WHEREAS the Municipal Council Dharamshala after due publicity to

enact/make the Muck Dumping Bye-Laws 2012 had invited objections from general public and

private individuals/bodies/organizations etc. likely to be effected by these Bye-Laws/Rules with the

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request/stipulation that the above stated Bye-Laws shall be considered by the House of Municipal

Council Dharamshala for its final approval after the expiry of a specific period of 15 days from the

date of their putting on the Notice board dated 19-12-2012.

AND WHEREAS subsequent upon the completion of the due process and necessary codal

formalities no objections were received in the office of the Municipal Council Dharamshala.

NOW THEREFORE, the following Muck Dumping Bye-Laws 2012 made by Municipal

Council Dharamshala in exercise of the powers conferred by Sections 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) amended from time to time and their further adoption unanimously

by the House of Municipal Council Dharamshala vide Resolution No. 346 Dated 07-12-2012, are

hereby finally published in Rajpatra H. P. (Extraordinary) for the information of general public

namely:—

“Municipal Council Dharamshala (Control and Regulation) of Muck

Dumping Bye-Laws, 2012.’’

Preliminary

1. Short title, commencement and application.—(i) These Bye-Laws may be called

“ Municipal Council Dharamshala (Control & Regulation) of Muck Dumping Bye- Laws, 2012”.

(ii) These Bye-Laws shall come into force from the date of their publication in Rajpatra

(extraordinary) Himachal Pradesh.

(iii) These Bye-Laws shall be applicable within the jurisdiction of Municipal Council

Dharamshala 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 Dharamshala.

Council Dharamshala 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 Dharamshala for

dumping of Muck.

(f) “Judicial Magistrate First Class”–means the Judicial Magistrate having jurisdiction

over the area of Municipal Council Dharamshala 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 Act.

3. Prohibition of Muck Dumping.—(i) no person, either 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 Dharamshala for dumping of Muck within its area.

(ii) any person found dumping the Muck illegally, unauthorizedly 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 intended to commence the construction within the area of Municipal Council

Dharamshala shall in writing submit detailed estimate of Muck to be generated from the

plot/construction site to the Municipal Council Dharamshala on the prescribed proforma 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

inspection and thereafter the carriage of muck to be generated form 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 Dharamshala on this account.

(iv) the place for dumping of muck shall be communicated to the applicant by the

Municipal Council Dharamshala 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 be given to the concerned official or to the concerned agency or the

contractor hired or engaged by the Municipal Council Dharamshala for managing the dumping site.

(v) dumping 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 Dharamshala 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 9.00 A. M. to 5.00 P. M. However, in the case of exigencies, the Municipal Council

Dharamshala 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 Dharamshala in the large 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 of size of 3feet x 2feet

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 Office/control room set up

by the Municipal Council Dharamshala for entertainment of complaints etc.

(ix) the Municipal Council Dharamshala shall prescribe the condition relating to the

applicant 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.

Rate 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 mule

(iii) Pick up

Rs. 300/- per pickup

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(iv) Tipper light duty

Rs. 700/- per tipper

(v) Tipper Heavy duty/truck

Rs. 1200/- per tipper/truck.

an increase of 10% these rates shall be applicable after every financial year which shall be

notified by the Municipal Council Dharamshala.

6. Duties and responsibilities of person concerned.—(i) it shall be the duty and

responsibility of 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 a specified place as

specified by the Municipal Council Dharamshala.

(ii) whosever is found dumping Muck other than the place specified by the Municipal

Council Dharamshala, 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

Municipal Council Dharamshala 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 provision of these Bye-Laws.

(ii) the vehicle shall only be released in case the registered owner of the vehicle applies for

compounding of offences under these Bye-Laws.

(iii) the official impounding the vehicle shall immediately repot 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 Dharamshala 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 1000.00 per day

payable by registered owner to the Municipal Council Dharamshala 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 Dharamshala 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 manner by the Judicial Magistrate First Class of the concerned Municipal area under

section 260 of the code of Criminal Procedure.

10. Penalty.—(i) whosever, is guilty of dumping Muck other than the place

specified/notified by the Municipal Council Dharamshala, 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 Dharamshala 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, 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

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disconnection of water, electricity and other 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 Dharamshala.

_________

NAGAR PANCHAYAT RAJGARH

(CONTROL AND REGULATION) OF MUCK DUMPING BYE-LAWS, 2013

NOTIFICATION

Dated, 1st May, 2013

No. 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

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.

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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.

(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. 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 NP. in larger public interest or in the case of emergent circumstances

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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.

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

Rs. 5/- per bag

(vi) Mule

Rs. 10/- per

An increase of 10% on the rates shall be applicable after every financial year which shall be

notified by the Nagar Panchayat.

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.

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

ascertaining the 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

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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,

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

3. Location of the

Plot/land/project

4. Whether owner or builder or

Otherwise please specify.

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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 : 1st May, 2013

Place : Rajgarh

______

LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-2, the 17^th April, 2013

No: Sharm (A) 7-1/2005 (Award) Loose D/Shala.—In exercise of the powers vested in

her under section 17(1) of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is

pleased to order the publication of awards announced by the Presiding Officer, Labour Court,

Dharamshala of the following cases on the website of Labour & Employment Department:—

Sr.

No:

Case No:

Title of the Case

Date of

Award

353/12

Smt./Shri Sunil Kumar V/S Dr. Rajinder

Parsad Medical.

25-2-2013

App. No. 79/12 Under

Ref: No.150/2006

E.E. HPPWD, Joginder Nagar. V/S Sukh Dev

25-2-2013

App.No.80/12

Under

Ref:No.110/2006

E.E. HPPWD, Joginder Nagar. V/S General

Secretary, Himshakti.

25-2-2013

Appt.No.81/12 Under

Ref:No.160/2006.

E.E., HPPWD, Joginder Nagar V/S Vidhya

Devi

25-2-2013

262/2010

Subhash V/S S.O. Dharamshala

25-2-2013

227/2010

Pushpa Sharma V/S B.D.O. Dharamshala

25-2-2013

198/2012

Sewa Ram V/S E.E.HPPWD, Killer

25-2-2013

201/2012

Kehar Singh V/S -do-

25-2-2013

247/2012

Budhi Ram V/S -do-

25-2-2013

10.

112/2011

Auran Kumar V/S E.E. I & PH Dalhousie

25-2-2013

11.

74/2012

Rajesh Kumar V/S Factory Manager, M/s

Saber

27-2-2013

12.

75/2012

Kewal Krishan V/S -do-

27-2-2013

13.

78/2012

Harish Kumar V/S -do-

27-2-2013

14.

153/2011

Mangat Ram Vs -do-

27-2-2013

15.

69/2011

Parveen Kumar V/S Managing Director,

Jackson

1-3-2013

16.

381/2012

Kishori Lal V/S E.E.,HPPWD Joginder

Nagar

1-3-2013

17.

270/2012

Hiramani V/S D.F.O Sunder Nagar

1-3-2013

607

jkti=] fgekpy izns'k] 2 ebZ] 2013@12 oS'kk[k 1935

18.

271/2012

Meen Chand V/S -do-

1-3-2013

19.

272/2012

Kishore Kumar V/S -do-

1-3-2013

20.

273/2012

Jagdish Kumar Vs -do-

1-3-2013

21.

234/2012

Bir Singh Vs The Conservation of Forest

Kullu

5-3-2013

22.

235/2012

Giru Ram V/S -do-

5-3-2013

23.

237/2012

Tara Devi Vs -do-

5-3-2013

24.

245/2010

Netar Singh V/S D.F.O Wild Life kullu

6-3-2013

25.

70/2011

Satish Kumar V/S Horticulture Development

Off.

11-3-2013

26.

139/2007

Pyar Singh V/S Agriculture Engineer

11-3-2013

27.

138/2007

Kuldeep Singh V/S -do-

11-3-2013

28.

91/2010

Mahesh Kumar V/S M/S Steel Automobile

11-3-2013

29.

33/2010

Rattan Lal V/S -do-

11-3-2013

30.

01/2010

Pawan Kumar V/S E.E. I & PH Lahaul

12-3-2013

31.

20/2013

Desh Raj V/S E.E. HPPWD, Dharampur

12-3-2013

32.

82/2013

Inder Singh V/S E.E. HPSEB, Mandi

15-3-2013

33.

89/2010

Dagu Ram V/S D.F.O. Suket

15-3-2013

34.

228/2012

Rajesh Kumar V/S Managing Director, M/S

Fewa

16-3-2013

35.

33/2011

Dhani Ram V/S D.F.O Bilaspur

18-3-2013

36.

434/2009

Jitender

Singh

V/S

Chairman

Ex.

Servicerman Corp.

18-3-2013

37.

79/2012

Pradhan

Chand

V/s

Temple

Officer

Brijeshwari

20-3-2013

38.

168/2010

Subash Chand V/S E.E. HPPWD, Baijnath

20-3-2013

39.

108/2012

Balam Ram V/S E.E. HPPWD J/Nagar

26-3-2013

40.

127/2012

Thakur Singh V/S -do-

26-3-2013

41.

124/2012

Labh Singh V/s -do-

26-3-2013

42.

118/2012

Mani Ram V/S -do-

26-3-2013

43.

122/2012

Sarwan Kumar V/S -do-

26-3-2013

44.

120/2012

Parbhat Singh V/S -do-

26-3-2013

45.

121/2012

Rajesh Kumar V/S -do-

26-3-2013

46.

119/2012

Kaku V/S -do-

26-3-2013

47.

110/2012

Mohinder Singh V/S -do-

26-3-2013

48.

115/2012

Govind Ram V/S -do-

26-3-2013

By order,

Sd/-

Addl. Chief Secretary ( Labour & Employment).

__________

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-

CUMINDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

Ref: No. : 353/2012

Sh. Sunil Kumar s/o Sh. Kapoor Chand, Village-Dhugiyari, P.O. Tiara, Tehsil & Distt.

Kangra, H.P. . .Petitioner.

608

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Versus

1. Principal, Dr. Rajender Parsad Govt. Medical College, Tanda, Distt. Kangra, H.P.

2. Sh. Sandeep Ohri, Mess Contractor, c/o the Principal, Dr. Rajender Parsad Govt.

Medical College, Tanda Distt. Kangra, H.P. . .Respondents.

25-02-2013 Present: None for the petitioner.

Sh. Soham Kaushal, A.D.A. for the respondent No.1.

Sh. Sandeep Ohri (respondent No.2) with Sh. Dheeraj Sharma,Adv.

The case has been called out repeatedly at intervals before and after the lunch. None has

appeared on behalf of the petitioner/claimant. He and his ld. csl. are absent despite knowledge. It is

already 2.30 P.M. Ld. csl. for the respondent No.2 has brought to the notice of this Court that the

entire dues have already been paid to the petitioner/claimant by way of a demand draft because of

which he is not interested to pursue the matter. The copy of the demand draft dated 19-06-2010 has

also been placed on the file by the ld. csl. for the respondent No.2. Statement of claim/demand not

filed till date.

2. Such being the situation, I have no hesitation to conclude that the petitioner is not

interested to prosecute the lis. Consequently, he is not entitled to any relief. The termination of the

services of the petitioner by the respondents is held to be legal and justified. Parties to bear their

own costs.

3. The reference is answered in the aforesaid terms.

4. A copy of this Order/Award be sent to the appropriate Government for further

necessary action at its end.

5. Be consigned to the Records after due completion.

Announced:

By order,

Sd/-

Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala, H.P.

__________

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-

CUMINDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

App: 79/12

The Executive Engineer (B&R) Division HPPWD, Joginder Nagar District Mandi, H.P.

Sh. Sukh Dev s/o Sh. Khampa Ram, r/o Village Bharyara, P.O. Chauntra, Tehsil Joginder

Nagar, Distt. Mandi, H.P. & others.

609

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25-02-2013 Present: Sh. Soham Kaushal, A.D.A. for the applicant/Executive Engineer (B&R),

HPPWD Division Joginder Nagar.

Sh. N.L. Kaundal, A.R. for the respondent.

In view of the averments made in the application and ‘no objection’ of the other side

coupled with Section 36-A of the Industrial Disputes Act, 1947 (14 of 1947) as well as Rule 31 of

the Industrial Disputes Rules, 1974 framed by the Labour Department, Government of Himachal

Pradesh, the instant application is allowed. The words “Their seniority shall be reckoned from their

initial dates of engagement” figuring in para No.18 of the Award dated 28-06-2011 passed by this

Court in Reference No.150/2006 titled as Sh. Sukh Dev and others –vs- The Executive Engineer

(B&R) HPPWD Division, Joginder Nagar, Distt. Mandi, H.P. are ordered to be deleted. In place of

these words, the following words shall be substituted “the workmen shall be eligible for

regularisation on completion of 8/10 years of continuous service as per the prevailing policy of the

Government of Himachal Pradesh.”

Parties to bear their own costs.

The application stands disposed of in the aforesaid terms.

A copy of this Order/Award be sent to the appropriate Government for further necessary

action at its end.

Be consigned to the Records after completion so as to be tagged with the main matter.

By order,

Sd/-

Announced: Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala,H.P.

__________

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-

CUMINDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

App: 80/12

The Executive Engineer (B&R) Division HPPWD, Joginder Nagar District Mandi, H.P.

The General Secretary, Himshakti PWD Karamchari Sangh, Joginder Nagar, Distt. Mandi,

H.P.

25-02-2013 Present: Sh. Soham Kaushal, A.D.A. for the applicant/Executive Engineer (B&R),

HPPWD Division Joginder Nagar.

Sh. N.L. Kaundal, A.R. for the respondent.

In view of the averments made in the application and ‘no objection’ of the other side

coupled with Section 36-A of the Industrial Disputes Act, 1947 (14 of 1947) as well as Rule 31 of

the Industrial Disputes Rules, 1974 framed by the Labour Department, Government of Himachal

610

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Pradesh, the instant application is allowed. The words “Their seniority shall be reckoned from their

initial dates of engagement” figuring in para No.16 of the Award dated 02-11-2010 passed by this

Court in Reference No.110/2006 titled as The General Secretary, Himshakati PWD Karamchari

Sangh Jogindernagar, Distt. Mandi, H.P. –vs- The Executive Engineer, HPPWD, (B&R) Division,

Joginder Nagar, Distt. Mandi, H.P. are ordered to be deleted. In place of these words, the following

words shall be substituted “the workmen shall be eligible for regularisation on completion of 8/10

years of continuous service as per the prevailing policy of the Government of Himachal Pradesh.”

Parties to bear their own costs.

The application stands disposed of in the aforesaid terms.

A copy of this Order/Award be sent to the appropriate Government for further necessary

action at its end.

Be consigned to the Records after completion so as to be tagged with the main matter.

By order,

Sd/-

Announced: Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala,H.P.

_________

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-

CUMINDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

App: 81/12

The Executive Engineer (B&R) Division HPPWD, Joginder Nagar District Mandi, H.P.

Smt. Vidya Devi w/o Sh. Puran Chand, r/o Village Padain, P.O. Sainthal, Tehsil Joginder

Nagar, Distt. Mandi H.P. & others.

25-02-2013 Present: Sh. Soham Kaushal, A.D.A. for the applicant/Executive Engineer (B&R),

HPPWD Division Joginder Nagar.

Sh. N.L. Kaundal, A.R. for the respondent.

In view of the averments made in the application and ‘no objection’ of the other side

coupled with Section 36-A of the Industrial Disputes Act, 1947 (14 of 1947) as well as Rule 31 of

the Industrial Disputes Rules, 1974 framed by the Labour Department, Government of Himachal

Pradesh, the instant application is allowed. The words “Their seniority shall be reckoned from their

initial dates of engagement” figuring in para No.18 of the Award dated 28-06-2011 passed by this

Court in Reference No.160/2006 titled as Smt. Vidya Devi and others –vs- The Executive Engineer

(B&R) HPPWD Division, Joginder Nagar, Distt. Mandi, H.P. are ordered to be deleted. In place of

these words, the following words shall be substituted “the workmen shall be eligible for

regularisation on completion of 8/10 years of continuous service as per the prevailing policy of the

Government of Himachal Pradesh.”

Parties to bear their own costs.

The application stands disposed of in the aforesaid terms.

611

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A copy of this Order/Award be sent to the appropriate Government for further necessary

action at its end.

Be consigned to the Records after completion so as to be tagged with the main matter.

By order,

Sd/-

Announced: Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala,H.P.

_______

IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-

CUMINDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

Ref: No. : 74/12

Sh. Rajesh Kumar s/o Sh. Chaman Lal, r/o Village & P.O. Gondpur Bulla, Tehsil Haroli,

Distt. Una, H.P.

. .Petitioner.

Versus

The Factory Manager, M/s Saber Papers Limited, Village & P.O. Gondpur Bulla, Tehsil

Haroli, Distt. Una, H.P.

. .Respondent.

27-02-2013 Present: Sh. S.S. Sippy, A.R. for the petitioner.

Sh. Yogesh Kumar, Factory Manager, for the respondent.

Today again no PW is present despite the grant of the last opportunity. Even the

petitioner/claimant has not turned up for his examination as a witness in support of his claim. The

perusal of the file discloses that the issues in this case were framed on 02-07-2012. Thereafter,

more than three opportunities have been granted to the petitioner to lead the evidence which he has

failed to do. Till date, neither any list of witnesses has been filed nor the steps taken to summon the

PWs. As already mentioned, no PW (including the petitioner) is present today despite the grant of

the last opportunity. In these circumstances, I am not inclined to grant the petitioner more time to

lead the evidence. Accordingly, his evidence is closed by the order of the Court.

2. Since the petitioner has failed to adduce any evidence in support of his claim. I have no

hesitation to conclude that he is not entitled to any relief. The claim petition preferred by him is

dismissed. The termination of the services of the petitioner by the respondent w.e.f. 12-08-2010 is

held to be legal and justified. Parties to bear their own costs. 3. The reference is answered in the

aforesaid terms.

4. A copy of this Order/Award be sent to the appropriate Government for further

necessary action at its end.

5. Be consigned to the Records after due completion.

Announced:

By order,

Sd/-

Presiding Judge,

Labour Court-cum-Industrial

Tribunal, Dharamshala, H.P.

612

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IN THE COURT OF RAJAN GUPTA, PRESIDING JUDGE, LABOUR COURT-

CUMINDUSTRIAL TRIBUNAL, DHARAMSHALA, H.P.

Ref: No. : 75/12

Sh. Kewal Krishan s/o Sh. Rakha Ram, r/o Village & P.O. Gondpur Bulla, Tehsil Haroli,