jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] ohjokj] 9 ebZ] 2013@19 oS'kk[k] 1935
fgekpy izns'k ljdkj
NAGAR PANCHAYAT MEHATPUR
(CONTROL AND REGULATION) OF MUCK DUMPING BYE–LAWS, 2013
NOTIFICATION
Dated, the 08th May, 2013
No. NPM(Muck Dumping)/2012-(1)-201.—The following Muck dumping bye-laws, 2013
made by the Nagar Panchayat Mehatpur in exercise of the power conformed by Section 216, 217
31&jkti=@2013&09&05&2013 ¼895½
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and Section 219 read with Clause (Yand 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 has been
considered by Nagar Panchayat Mehatpur and finalized these bye-laws namely:—
“Nagar Panchayat Mehatpur (Control and regulation) of Muck Dumping Bye-laws, 2013”
Preliminary
1. Short title, commencement and application.—(i) these Bye-laws may be called
“Nagar Panchayat Mehatpur (Control and regulation) of Muck Dumping Bye-laws, 2013”.
(ii) These Bye-laws shall come in to force from the date of their publication in the Rajpatra
(extra-ordinary) Himachal Pradesh.
(iii) These Bye-laws shall be applicable within the jurisdiction of Nagar Panchayat
Mehatpur 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 Nagar Panchayat Mehatpur.
(c) “Authorized Officer”-means any officer/official duly authorized by the Nagar
Panchayat Mehatpur 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”-mean authorized site specified by the Nagar Panchayat Mehatpur for dumping
of Muck.
(f) “Judicial Magistrate First Class”-means the Judicial Magistrate having jurisdiction
over the area of Nagar Panchayat Mehatpur under Act.
(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 Mehatpur 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 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
Mehatpur shall in writing submit detailed estimate of Muck to be generated from the plot/
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construction site to the Nagar Panchayat Mehatpur 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 Mehatpur on this account.
(iv) The place for dumping of muck shall be communicated to the applicant by the Nagar
Panchayat Mehatpur 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 Mehatpur 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 Panchayat Mehatpur 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 Mehatpur
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 Nagar Panchayat Mehatpur 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 of the Size of 2feet
×3feet indicating there in the number and date of the 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 Mehatpur 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) Tipper Heavy duty
Rs.200/- per tipper /truck
(2) Tipper light duty
Rs.100/- per tipper
(3) Tractor trolley
Rs.80/- per trolley
(4) Pick up
Rs. 50/- per pickup
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An increase of 10% on these rates shall be applicable after every financial year which shall
be notified by the Nagar Panchayat Mehatpur.
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. 20/- per trip
(2) Wheel barrows /hand cart
Rs. 10/- per trip
(3) Muel
Rs. 5/- 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 Mehatpur .
(ii) Whosoever is found dumping muck other than the places specified by the Nagar
Panchayat Mehatpur, 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 or the
Nagar Panchayat Mehatpur 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.
(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 Mehatpur 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 Mehatpur 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 Panchayat Mehatpur or Secretary in this behalf, on payment of sum Rs. 100/-such officer
under these Bye –laws.
(i) The junior engineer of Nagar Panchayat Mehatpur 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.
899
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
(i) If any cases 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 Panchayat Mehatpur the 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 Mehatpur 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
labour mules etc. whosoever is guilty of dumping muck other than the place specified/notified by
the Nagar Panchayat Mehatpur 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 time
of the actual rate of dumping as fixed by the Nagar Panchayat Mehatpur in 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 Mehatpur.
________
vkcdkjh ,oa djk/kku foHkkx
vf/klwpuk
f'keyk&171009] 27 vizSy] 2013
la[;k% 7&505@2012&bZ-,Dl-,u-&13112-&31-&fnukad 27&4&2013 izFke uoEcj] 1966 ls Bhd
iwoZ fgekpy izns'k esa lekfo"V {ks=ksa esa rFkk iatkc iwuxZBu vf/kfu;e] 1966 ¼1966 dk 31½ dh /kkjk 5 ds
v/khu fgekpy izns'k esa tksMs x;s {ks=ksa esa ;Fkk izo`r iatkc ,DlkbZt ,sDV] 1914 ¼1914 dk 1½ dh /kkjk 59
tks fd fgekpy izns'k ,sDlkbZt ,sDV] 2011 dh /kkjk 82 ds lkFk ifBr gS] }kjk iznRr 'kfDr;ksa dk iz;ksx
djrs gq;s rFkk mDr vf/kfu;e dh /kkjk 9 ds v/khu vkSj blds lkFk ifBr fgekpy izns'k ¼,sDlkbZt ikoj
,.M vihy½ vkMZt] 1965 }kjk eq> esa fufgr foRrk;qDr ¼vkcdkjh½ dh 'kfDr;ksa dk iz;ksx djrs gq;s eS]
vkj0,l0 usxh] vkcdkjh ,oa djk/kku vk;qDr] fgekpy izns'k] ,rn~}kjk fgekpy izns'k fydj ykbZlSal
:Yt] 1986 ¼ftUgsa ;gka mlds i'pkr ÞmDr :Ytß dgk x;k gS½ esa rqjUr izHkko ls vkSj la'kks/ku djrk
gwa%&
900
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
la'kks/ku
In the said rules.—
Sub-rule (26) of Rule 38 shall be substituted by the following, namely:—
(26) A license in form L.19 may be granted for the vend of rectified spirit for medicinal,
industrial and scientific purposes –
(a) Rectified spirit sold under this license shall be of strength not less than 60 degree over-
proof and neither water nor any substance whatsoever shall be added to it by the
licensee. The licensee shall, in accordance as he may be permitted by the Financial
Commissioner, obtain supplies from one or more of the sources and subject to the
conditions, if any, imposed by him, obtain supplies of rectified spirit from a bonded
warehouse, set up or approved by Government or from any licensed distillery in
Himachal Pradesh, Punjab, Uttar Pradesh, Haryana or Maharashtra so authorized by
the Financial Commissioner.
(b) The licensee shall not have in his possession at any one time a quantity exceeding
50000 (Fifty Thousand) litres or such larger quantity as the Financial Commissioner
may specially authorize.
(c) The licensee shall sell rectified spirit for medicinal, industrial and scientific purposes
only.
(d) The licensee shall not sell in any one transaction more than the quantity which the
purchaser is permitted to possess.
(e) The licensee shall label every receptacle containing rectified spirit conspicuously
showing the nature and place of manufacture of its contents.
(f) The licensee shall maintain separate accounts of sales by wholesale and retail in form
L.31 and shall at the end of each month prepare and submit to the Asstt. Excise &
Taxation Officer/Excise & Taxation Inspector, as the case may be, a monthly true
abstract of receipts and sales in form M.71.
2. The entry 22 of Schedule-A appended to the said Act, shall be substituted by the
following, namely :—
22.
L.19 vend of rectified spirit wholesale and/or retail for
medicinal, industrial and scientific purposes.
Rs.1,00,000/- per annum
gLrk{kfjr@&
vkcdkjh ,oa djk/kku vk;qDr
&&&&&&&
(Authoritative English Text of Excise & Taxation Department Notification No.7-505/2012-
exn-13112-31 Dated 27-4-2013 April, 2013 as Required Under Article 348(3) of the Constitution of
india).
EXCISE AND TAXATION DEPARTMENT
NOTIFICATION
Shimla-171009, the 27 April, 2013
No.7-505/2012-EXN-13112.—Dated 27-4-2012 In exercise of the powers conferred by
section 59 of the Punjab Excise Act, 1914 (1 of 1914) read with Section 82 of the Himachal
901
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
Pradesh Excise Act, 2011, as in force in the areas comprised in Himachal Pradesh immediately
before 1st November, 1966 and as in force in the Territories transferred to Himachal Pradesh under
section 5 of the Punjab Re-Organization Act, 1966 (31 of 1966) and by virtue of the powers of the
Financial Commissioner (Excise), conferred on me under section 9 of the said Act, read with the
Himachal Pradesh (Excise Power and Appeal) Orders, 1965, I, R.S.Negi, Excise and Taxation
Commissioner, Himachal Pradesh hereby make the following further amendments in the Himachal
Pradesh Liquor License Rules, 1986 (hereinafter called the ‘said rules’) as amended from time to
time, with immediate effect :—
AMENDMENTS
In the said rules.-
Sub-rule (26) of Rule 38 shall be substituted by the following, namely :—
(26) A license in form L.19 may be granted for the vend of rectified spirit for medicinal,
industrial and scientific purposes –
(a) Rectified spirit sold under this license shall be of strength not less than 60 degree over-
proof and neither water nor any substance whatsoever shall be added to it by the
licensee. The licensee shall, in accordance as he may be permitted by the Financial
Commissioner, obtain supplies from one or more of the sources and subject to the
conditions, if any, imposed by him, obtain supplies of rectified spirit from a bonded
warehouse, set up or approved by Government or from any licensed distillery in
Himachal Pradesh, Punjab, Uttar Pradesh, Haryana or Maharashtra so authorized by
the Financial Commissioner.
(b) The licensee shall not have in his possession at any one time a quantity exceeding
50000 (Fifty Thousand) litres or such larger quantity as the Financial Commissioner
may specially authorize.
(c) The licensee shall sell rectified spirit for medicinal, industrial and scientific purposes
only.
(d) The licensee shall not sell in any one transaction more than the quantity which the
Purchaser is permitted to possess.
(e) The licensee shall label every receptacle containing rectified spirit conspicuously
showing the nature and place of manufacture of its contents.
(f) The licensee shall maintain separate accounts of sales by wholesale and retail in form
L.31 and shall at the end of each month prepare and submit to the Asstt. Excise &
Taxation Officer/Excise & Taxation Inspector, as the case may be, a monthly true
abstract of receipts and sales in form M.71.
2. The entry 22 of Schedule-A appended to the said Act, shall be substituted by the
following, namely :—
22.
L.19 vend of rectified spirit wholesale and/or retail for
medicinal, industrial and scientific purposes
Rs.1,00,000/- per annum
By order,
-Sd-
Excise & Taxation Commissioner.
902
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
vkcdkjh o djk/kku foHkkx
vf/klwpuk
f'keyk&2] 18 vizSy] 2013
la[;k&bZ0,Dl0,u0&,Q¼6½1@2004&ywt-&fgekpy izns”k dh jkT;iky] fgekpy izns”k ¼gksVy
vkSj vkokl x`g½ foykl&oLrq,a dj vf/kfu;e] 1979 ¼1979 dk vf/kfu;e la[;kad 15½ dh /kkjk 6&³ }kjk
iznr “kfDr;ksa dk iz;ksx djrs gq,] jkT; esa tutkrh; vkSj nqxZe {ks=ksa esa Ik;ZVu dks c<+kok nsus ds fy,
tutkrh; vkSj nqxZe {ks=ksa esa u, gksVyksa ds jftLVªhÑr LoRo/kkfj;ksa dks] tks vizSy] 2012 ds ckn izorZu esa
vk, gS] foykl&oLrq dj ds lank; ls NwV nsus ds fy, fuEufyf[kr Ldhe cukus dk izLrko djrh gSA
fdlh fgrc} O;fDr dk izLrkfor Ldhe dh ckcr ;fn dksbZ vk{ksi¼iksa½ ;k lq>ko ¼oksa½ gS rks og
mDr izk:Ik Ldhe dks jkti= fgekpy izns”k esa izdk”ku dh rkjh[k ls iUnzg fnu dh vof/k ds Hkhrj
vkcdkjh ,oa djk/kku vk;qDr] fgekpy izns”k] f”keyk&171009 dks Hkst ldsxkA
mi;qZDr fofuZfn’V vfo/k ds Hkhrj izkIr g,q vk{ksi ¼iksa½ ;k lq>ko ¼oksa½] ;fn dksbZ gS] ij mDr
izk:Ik Ldhe dks vafre :Ik nsus ls iwoZ] jkT; ljdkj }kjk fopkj fd;k tk,xk] vFkkZr%&
izk:i Ldhe
1- laf{kIr uke] izkjEHk vkSj foLrkj-&¼1½ bl Ldhe dk laf{kIr uke fgekpy izns”k tutkrh;
vkSj nqxZe {ks=ksa esa u, gksVyksa ds LoRo/kkfj;ka ds foykl&oLrq dj ds lank; ls NwV Ldhe] 2013 gSA
¼2½ ;g jkti=] fgekpy izns”k esa izdk”ku dh rkjh[k ls izorZu esa vk,xhA
2- ifjHkk"kk,a-&¼1½ bl Ldhe esa tc rd fd lUnHkZ ls vU;Fkk vkisf{kr u gks]&
¼d½ ¼vf/kfu;e½ ls fgekpy izns”k ¼gksVy vkSj vkokl x`g½ foykl&oLrq,a dj vf/kfu;e] 1979
vfHkizsr gS(
¼[k½ ¼funs”kd½ ls funs”kd] i;ZVu] fgekpy izns”k vfHkizsr gS(
¼x½ ¼iz:Ik½ ls bl vf/kfu;e ls layXu iz:Ik vfHkizsr gS( vkSj
¼?k½ ¼u, gksVy½ ls og gksVy vfHkizsr gS tks vf/kfu;e dh /kkjk 6 ³+ ds v/khu fofufnZ’V
tutkrh; vkSj nqxeZ {ks= esa izFke vizSy] 2012 ds Ik”pkr~ izorZu esa vkrk gSA
¼2½ vU; leLr “kCnksa vkSj inksa ds] tks bles iz;qDr gS fdUrq ifjHkkf’kr ugha gS] ogh vFkZ gksaxs tks
vf/kfu;e esa muds gSA
3- NwV dh Lohdk;Zrk-& ¼1½ u, gksVyksa ds LoRo/kkfj;ksa ds foykl&oLrq dj ds lank; ls NwV
dsoy rHkh vuqKs; gksxh ;fn&
¼i½ gksVy izFke vizSy] 2012 ds Ik”pkr~ izorZu esa vk;k gS vkSj vf/kfu;e ds v/khu Ik;ZVu foHkkx
ds ikl jftLVªhd`r gS(
¼ii½ gksVy us izFke vizSy] 2012 ds Ik”pkr izpkyu vkjEHk fd;k gS(
¼iii½ LoRo/kkjh us Ik;ZVu foHkkx ¼ftyk Lrjkh; izkf/kdkjh½ ls iz:Ik ,y-Vh-bZ- ¼Vh-,.M-,p-½&1 esa
izek.k&i= izkIr fd;k gS(
903
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
¼iv½ foykl&oLrq dj ds lank; ls NwV iznku djus gsrq fu/kkZj.k izkf/kdkjh dks Ik;ZVu foHkkx ls
iz:Ik ,y-Vh-bZ-¼Vh-,.M-,p-½&1 ij izkIr fd, x, izek.k&i= lfgr lk/kkj.k vkosnu ij
vuqjks/k djus ds Ik”pkr~] LoRo/kkjh us mDr izkf/kdkjh ls iz:Ik ,y-Vh-bZ-¼Vh-,.M-,p-½&2 ij
NwV dk izek.k&i= izkIr fd;k gS( vkSj
¼v½ u, gksVy dk LoRo/kkjh] vf/kfu;e vkSj rn~/khu fojkfpr fu;eks ds leLr micU/kksa dk
vuqaikyu djrk gksA
¼2½ fu/kkZj.k izkf/kdkjh u, gksVyksa jftLVªhÑr LoRo/kkfj;ksa dks leLr vkSipkfjdrk,a iw.kZ djus ds
Ik”pkr~ iz:Ik ,y-Vh-bZ-¼Vh-,.M-,p-½&2 NwV dk izek.k&i= tkjh djsxkA
¼3½ NwV dk izek.k i= fu/kkZj.k izkf/kdkjh }kjk okil ys fy;k tk,xk] ;fn u, gksVy ds
LoRo/kkjh dk jftLVªhdj.k funs”kd }kjk fujLr fd;k x;k gS ;k okil fy;k x;k gSA
¼4½ u, gksVyksa dk dksbZ Hkh LoRo/kkjh ml vof/k ds nkSjku] tc NwV izo`Ur jgrh gS] u, gksVyksa esa
miyC/k djokbZ xbZ foykl&oLrq ds fy,] foykl&oLrq dj ds :Ik esa dksbZ jde lax`ghr ugha djsxkA
¼5½ iz:Ik ,y-Vh-bZ-¼Vh-,.M-,p-½&2 ij tkjh fd;k x;k NwV dk izek.k&i=] vkjEHk esa u, gksVy
ds izorZu ds izkjEHk dh rkjh[k ls ikap o’kZ dh vof/k ds fy, gksxk vkSj ;fn [.M ¼iii½ ds v/khu tkjh
jftLVªhdj.k izek.k i= funs”kd }kjk jí ugha fd;k tkrk gS ;k okil ugha fy;k tkrk gS rks uohdj.k ds
v/;/khu gksxkA
¼6½ bl Ldhe esa fdlh ckr ds gksrs gq, Hkh] fu/kkZj.k izkf/kdkjh Loizsj.kk ls ;k fdlh fjiksVZ ;k
f”kdk;r dh izkfIr ij vkSj u, gksVy ds LoRo/kkjh dks lquokbZ dk volj iznku djus ds Ik”pkr~] ;fn
mldk lek/kku gks tkrk gS fd] bl Ldhe esa fofuZfn’V fdUgha “krkasZ lfgr vf/kfu;e ds micU/kksa esa ls
fdlh dk ;k rn~/khu cuk, x, fu;eksa dk Hkax fd;k gS rks og vf/kfu;e vkSj rn~/khu cuk, x, fu;eksa ds
v/khu fof/kd dkjZokbZ dj ldsxk] ekuksa ;g Ldhe fo|eku gh ugha Fkh vkSj blesa dj dk vioapu FkkA
¼7½ bl Ldhe ds v/khu mu fo|eku gksVyksa dks dksbZ NwV miyC/k ugha gksxh ftUgksaus gksVy dh
ejEer dh gS ;k mldk foLrkj fd;k gS A
&&&&&&
iz:i ,y- Vh- bZ- ¼Vh-,.M ,p-½&1
¼iSjk 3 ¼A½ ¼iii½ ns[ksa½
la[;k% bZ0,Dl0,u0&,Q ¼6½&1@2004 &ywt
1- izekf.kr fd;k tkrk gS fd----------------------------------------------------¼gksVy dk uke vkSj iw.kZ irk½
ftldk@ftlds LoRo/kkjh@Lokeh@Hkkxhnkj Jh@Jherh----------------------------------------gSa v/kksgLrk{kjh
ds dk;kZy; esa jftLVªhdj.k la[;k--------------------------------------rkjh[k---------------------------------ds fo:)
jftLVªhÑr gS A
2- ;g Hkh izekf.kr fd;k tkrk gS fd mDr gksVy vf/kfu;e dh /kkjk 6&M- ds v/khu ;Fkk
fofuZfn’V tutkrh;@nqxZe {ks= esa vofLFkr gS A
3- ;g izekf.kr fd;k tkrk gS fd ¼i½ fuokl ds fy, vkokl( vkSj ¼ii½ vU; lq[k&lqfo/kk,a-------------
ls----------------------dh vof/k ds fy, fuEufyf[kr njsa vkSj izHkkj vuqeksfnr gaS %&
njsa vkSj izHkkj
¼i½ fuokl ds fy, vkokl ----------------------:i,A
¼ii½ vU; lq[k&lqfo/kk,a
---------------------- :i,A
904
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
4 ;g izek.k&i=---------------------l-s ------------------------¼ikap o’kZ½ rd fof/kekU; gksxkA
5- ;g Hkh izekf.kr fd;k tkrk gS fd mijksDr fof”kf’V;ka] vkcdkjh ,oa djk/kku foHkkx }kjk
lR;kiu ds v/;/khu gksaxhA
ftyk Ik;ZVu vf/kdkjh]
¼ bl izek.k i= ds gLrk{kfjr djus Okkys vf/kdkjh dh eqgj lfgr ½
Rkkjh[k------------------
&&&&&&
NwV izek.k i=
¼iSjk 3 ¼1½ vkSj 3 ¼2½ ns[ksa ½
iz:Ik ,y- Vh- bZ- ¼Vh- ,.M ,p-½&2
NwV izek.k i= la[;k% -----------------------------------------------
,rn~}kjk izekf.kr fd;k tkrk gS fd fgekpy izns'k ¼gksVy vkSj vkokl x`g½ foykl&oLrq,a
vf/kfu;e] 1979 ds v/khu gksVy ds uke vkSj vfHkuke ls jftLVªhÑr eSltZ-----------------------------------------------
dk;kZy; irk--------------------------------------------------------ij fLFkr jftLVªhdj.k izek.k i= la[;k----------------------------dh rkjh[k
ls -----------------------------------rd fof/kekU; gS] fgekpy izns'k ¼gksVy vkSj vkokl x`g½ foykl&oLrq,a dj
vf/kfu;e] 1979 dh /kkjk 6&M- ds micU/kksa ds vuqlkj foykl&oLrq dj ds lank; dks--------------------ls----------------
rd dh vof/k ds fy, NwV izkIr djus dk gdnkj gSA
fu/kkZj.k vf/kdkjh]
dk;kZy; dh eqgj lfgr
tkjh djus dh rkjh[k-------------------------------uke -------------------------------------LFkku------------------------ftyk--------------------------
vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼vkcdkjh ,oa djk/kku½
&&&&&&&&
(Authoritative English text of Government Notification No. EXN-F(6)-1/2004-Loose, dated
18th April, 2013 as required under clause (3) of Article 348 of the constitution of India).
EXCISE AND TAXATION DEPARTMENT
NOTIFICATION
Shimla-171002, 18 th April, 2013
No. EXN-F(6)-1/2004-Loose.—In exercise of the powers conferred by section 6-E of the
Himachal Pradesh Tax on Luxuries (in Hotels and Lodging Houses) Act, 1979 (Act No. 15 of
1979), the Governor of Himachal Pradesh proposes to make the following scheme to promote
tourism in tribal and hard areas in the State by exempting the registered proprietors of new hotels in
tribal and hard areas which came into operation after April, 2012 from the payment of luxury tax.
Any interested person who has any objection(s) or suggestion(s) with regard to the proposed
scheme he may send the same to the Excise and Taxation Commissioner, Himachal Pradesh,
Shimla-171009, within a period of 15 days from the date of publication of the said draft scheme in
the Official Gazette Himachal Pradesh.
905
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The objection(s) or suggestion(s), if any, received in the period specified above shall be
taken into consideration by the State Government before finalizing the said draft scheme,
namely:—
DRAFT SCHEME
1. Short title, commencement and extent.—(1) This scheme may be called the
Himachal Pradesh Exemption from payment of Luxury Tax to the proprietors of new hotels in
tribal and hard areas Scheme, 2013.
(2) It shall come into operation from the date of its publication in the Rajpatra, Himachal
Pradesh.
2. Definitions (1) In this scheme unless the context otherwise requires,
(a) ‘Act’ means the Himachal Pradesh Tax on Luxuries (in Hotels and Lodging Houses)
Act, 1979,
(b) ‘Director’ means the Director Tourism, Himachal Pradesh,
(c) ‘Form’ means a form appended to this Scheme, and
(d) ‘new hotel’ means hotel in tribal and hard areas as specified under section 6-F which
comes into operation after 1st April, 2012.
(2) All other words and expressions used herein but not defined shall have the same
meaning as respectively assigned to them in the Act.
3. Admissibility of Exemption.—(1) The exemption from payment of luxury tax shall be
admissible to the proprietors of new hotels only if-
\
(i) the hotel has come into operation after 1st April, 2012 and is registered with the
Tourism Department under the Act;
(ii) the hotel has commenced operation after 1st April, 2012;
(iii) the proprietor has obtained a certificate in Form L.T.E.(T&H)-I from the Tourism
Department (District Level Authority);
(iv) the proprietor after making a request on simple application to the Assessing Authority
for granting exemption from payment of Luxury Tax, accompanied by a certificate
obtained from the Tourism Department on Form L.T.E(T&H)-I, has obtained an
exemption certificate-in Form L.T.E (T&H)-II from the said Authority; and
(v) the proprietor of the new hotel complies with all the provisions of the Act and the rules
framed there-under.
(2) The Assessing Authority shall issue the Exemption Certificate in Form L.T.E.(T&H)-II
after completion of all codal formalities to the registered proprietors of new hotels.
(3) The exemption certificate may be withdrawn by the Assessing Authority, if the
registration of the proprietor of the new hotel has been cancelled or withdrawn by the Director.
(4) No proprietor of new hotels shall during the period when the exemption remains in
force collect any sum by way of luxury tax for the luxury provided in new hotels.
906
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
(5) The exemption certificate issued in Form L.T.E. (T&H)-II shall initially be for a period
of five years from the date the new hotel starts its operation and shall be subject to renewal unless
certificate of registration issued under clause (iii) is cancelled or withdrawn by the Director.
(6) Notwithstanding anything contained in this scheme, the Assessing Authority may suo-
moto or on receipt of a report or complaint and after affording an opportunity of being heard to the
proprietor of the new hotel, if he is satisfied that a breach of any of the provisions of the Act or the
rules made thereunder including any of the conditions specified in this scheme has been committed,
it may take legal action under the Act and the rules made thereunder as if this scheme was not in
existence and there was evasion of tax.
(7) No exemption under this scheme shall be available to an existing hotel which has been
renovated or expanded.
________
FORM L.T.E.(T&H)-I
(see para-3(1)(iii)
CERTIFICATE
No……………………………….
1. This is to certify that …….......................………………….(name and full address of
the hotel)……………........................…..........…..the Proprietor/Owner/partner/whereof is/are Shri/
Smt.…………….....................…is registered as a new hotel in the office of the undersigned against
Registration No……………….dated……………….
2. This is also to certify that the said hotel is located in a tribal/ hard area as specified
under section 6-E of the Act.
3. This is to certify that the rates and charges for (i) accommodation for residence and (ii)
other amenities approved for the period from……………..to………..are:—
Rate and Charges
(i) Accommodation for residence
Rs.
(ii) Others amenities
Rs.
4. This certificate shall be valid from…………….to ………….(five years).
5. This is also certified that the above particulars shall be subject to verification by the
Excise and Taxation Department.
Dated……………….
District Tourism Officer,
(with Stamp of the Officer
Signing this certificate).
907
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EXEMPTION CERTIFICATE
(See para-3(1) and 3(2)
Form LTE (T&H)-II
Exemption Certificate No………………………………….
It is hereby certified that the hotel in the name and style of M/s…………………................
situated at…………...........................…………………………………………………………..office
address……………………………………..registered under the Himachal Pradesh Tax on Luxuries
(in Hotels and Lodging Houses) Act, 1979 under Registration Certificate No………………..with
date of validity from……………………..to…………………………….is entitled to avail
exemption from the payment of Luxury tax in accordance with the provisions of section 6-E of the
Himachal Pradesh Tax on Luxuries (in Hotels and Lodging Houses) Act, 1979 for a period
from………………………to……………………………..
Assessing Authority with his office seal.
Date of issue……………………………Name………………………………Place...……….………
……………………………District……………………………………
By order,
Sd/-
Principal Secretary (E&T).
_________
File No. EXN-F(6)1/2004-I-Loose
CABINET MEMORANDUM FOR CONSIDERATION OF THE COUNCIL OF
MINISTERS
Minister-in-Charge : Hon’ble Excise and Taxation Minister
Secretary-in-Charge : Principal Secretary (Excise & Taxation)
Subject.—Implementation of Budget Announcements- Proposals to abolish registration fee and
exemption from payment of Luxury Tax in respect of new hotels in the backward
panchayts under the HP Tax on Luxuries (in Hotels and Lodging Houses) Act, 1979
thereof.
1. While presenting the annual budget for the year 2013-14, Hon’ble Chief Minister,
Himachal Pradesh has made the following announcements:—
“89.
I announce that the registration fee under the H.P. VAT Act, CST Act, Passenger
& Goods Tax Act and Luxury Tax Act will be abolished for the new dealers to
facilitate their early registration……”.
“97.
Our Government will encourage opening of new hotels and tourist facilities in the
backward Panchayats of the State having a potential of tourism. I hereby
announce that all the new hotels in the backward Panchayats will be exempted
from payment of luxury tax under the HP Tax on Luxuries (in Hotels and lodging
Houses) Act, 1979 for a period of 10 years from the date the hotel starts
functioning.”
908
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
2. In order to implement the above announcements, the certain provisions of HP Tax on
Luxuries (in Hotels and Lodging Houses) Act, 1979 and HP Tax on Luxuries (in Hotels and
Lodging Houses) Rules, 1979 are required to be amended in order to provide necessary legal
enforcement. As such, the following proposal is submitted for consideration:—
Sr. No.
Present Provision
Proposed Provision
1.
5-A (3). If the Assessing authority is
satisfied that an application for registration
is in order, he shall, in accordance with
such Rules and on payment of such fee, as
may be prescribed, register the applicant
and grant him Certificate of Registration in
the prescribed Form.
In Section 5-A(3) after the words “ in
accordance with such rules” the words
“and on payment of such fee as may be
prescribed” shall be deleted.
2.
Insertion of Section 6-F
After the existing section 6-E of the
Himachal Pradesh Tax on Luxuries (in
Hotels and Lodging Houses) Act, 1979,
the following new section 6-F shall be
inserted namely:—
“6-F. Special provisions relating to
xemption from payment of luxury tax
by proprietors of new hotels in duly
notified backward panchayats”
(1) Notwithstanding anything contained
in this Act, if the Government is of the
opinion that in order to promote tribal
and hard area tourism in the State, it is
necessary or expedient in the public
interest to do so, it may notify a
scheme, and exempt the registered
proprietors of new hotels in tribal and
hard areas come into operation after ist
April,2012 from the payment of luxury
tax for a period of ten years from the
date the hotel commences operation,
subject
to
such
restrictions
and
conditions as may be specified in the
said scheme.
(2) Notwithstanding anything contained
in sub- section (6) of section 4, no
proprietor of such new hotels, shall during
the period when the exemption under sub-
section(1) remains in force collect any
sum by way of luxury tax for the luxury
provided in such new hotels.
3.
Deletion of Rule 3-A(2)
An application referred to in subrule (1)
shall be accompanied by a Treasury
Challan vide which a sum of rupees twenty
five have been deposited in the appropriate
Government Treasury as a registration fee
under the relevant head of account.
In the H.P. Tax on Luxuries (in Hotels
and Lodging Houses) Rules, 1979, the
Rule 3-A(2) shall be deleted.
909
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4.
Amendment in Rule 3-C(2)
Any registered proprietor may obtain from
the appropriate Assessing Authority, on
deposit of a fee of rupees five through
treasury
challan
in
the
appropriate
Government Treasury, a duplicate copy of
any registration certificate issued to him
under sub-rule 91), which may have been
lost, destroyed or defaced.
In Rule 3-C(2) after the words “may
obtain from the appropriate Assessing
Authority” the words “on the deposit of a
fee of rupees five through treasury challan
in the appropriate Government Treasury”
shall be deleted.
3. In order to amend the Section 5-A(3) and insertion of new Section 6-F, as stated above,
we have to amend the Himachal Pradesh Tax on Luxuries (In Hotels and Lodging Houses) Act,
1979 by introducing a Bill in the Legislative Assembly or by promulgating an Ordinance. Since the
Legislative Assembly is not in session, therefore, it is proposed that “Himachal Pradesh Tax on
Luxuries (In Hotels and Lodging Houses) Amendment Ordinance, 2013” (Annexure ‘A’) may be
promulgated under clause (1) of article 213 of the Constitution of India. However, under Section 17
of the Himachal Pradesh Tax on Luxuries (In Hotels and Lodging Houses) Act, 1979, the
Government is empowered to make rules, as such a draft notification as per Annexure ‘B’ is
submitted for consideration.
4. At present, no financial implication is involved in the proposal.
5. The approval of the Hon’ble Chief Minister to place this matter before the Council of
Ministers has been obtained.
POINTS FOR CONSIDERATION
1. Whether HP Tax on Luxuries (in Hotels and Lodging Houses) Amendment Ordinance,
2013 (Annexure ‘A) be approved and promulgated as per proposal at para 2 and 3
above subject to vetting it by Law Department?
2. Whether the HP Tax on Luxuries (in Hotels and Lodging Houses) Rules, 1979 be
amended as proposed at para 2 & 3 above as per draft notification annexed at
Annexure ‘B’ after getting it vetted from the Law Department.
Sd/-
Principal Secretary (E&T).
Date :
Shimla.
&&&&&&&&&
vkcdkjh ,oa djk/kku foHkkx
vf/klwpuk
f'keyk&171002] ebZ] 2013
la[;k bZ,Dl,u&,Q ¼16½3@1999-—fgekpy izn'sk dh jkT;iky] fgekpy izn'sk euksjatu “kqYd
vf/kfu;e] 1968 ¼1968 dk vf/kfu;e l[a;kad 12½ dh /kkjk 12 dh mi/kkjk ¼3½ ds v/khu muesa fufgr
“kfDr;ksa dk iz;ksx djrs gq,] eSltZ “kadj eSftdy dEiuh dks] fgekpy izns”k jkT; esa 01&05&2013 ls
910
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
31&10&2013 rd vk;ksftr fd, tkus okys tknwxj izn”kZuksa ij] iwoksZDr vf/kfu;e ds v/khu “kqYd ds
lank; ls NwV iznku djrh gSa A
vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼vkc0 ,oa djk0½A
&&&&&&&&&
(Authoritative English text of this department notification No. EXN-F (16) 3/1999,
dated------------------as required under clause (3) of Article 348 of the Constitution of India).
EXCISE AND TAXATION DEPARTMENT
NOTIFICATION
Shimla-171002, the ....... May, 2013
No. EXN-F (16)3/1999.—The Governor of Himachal Pradesh, in exercise of the powers
vested in her under sub-section (3) of Section 12 of the Himachal Pradesh Entertainments Duty
Act,1968 (Act No. 12 of 1968) is pleased to exempt M/s Shankar Magical Company, from the
payment of duty under the Act ibid on the Magic Shows to be organized in the State of Himachal
Pradesh w.e.f. 01-05-2013 to 31-10-2013.
By order,
Sd/-
Pr. Secretary (E&T).
__________
(Authoritative English text of Government Notification No. dated as required under clause
(3) of Article 348 of the Constitution of India).
EXCISE AND TAXATION DEPARTMENT
NOTIFICATION
Shimla-2, the........May, 2013
No.____________In exercise of the powers conferred under Section 22 of the Himachal
Pradesh Passengers and Goods Taxation Act,1955 (Act No.15 of 1955) the Governor of Himachal
Pradesh proposes to amend the following rules of the Himachal Pradesh Passenger and Goods
Taxation Rules. 1957 and the same are hereby published in the egazette, Himachal Pradesh for the
information of general public.
If any interested person likely to be affected has any objection (s) or suggestion (s) with
regard to aforesaid proposal, he may sent the same to the Excise and Taxation Commissioner,
Himachal Pradesh, Shimla-171009 within a period of 15 days from the date of publication of this
notification;
Objection (s) suggestion (s), if any received within the above stipulated period, shall be
taken into consideration by the Government before finalizing the same, namely:—
911
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
DRAFT AMENDMENT
Short title.—These Rules may be called the Himachal Pradesh Passengers and Goods
Taxation (Amendment) Rules, 2013.
Deletion of Rule 3(d).—In rule 3 of the Act the clause (d) shall be deleted.
Amendment of Rule 4(3) (a).—In the rule 4(3) (a) after the words “on application made by
such owner” the words “and accompanied by a treasury receipt of Re.1” shall be deleted.
By order,
Sd/-
Principal Secretary (E&T).
_________
(Authoritative English text of Government Notification No. dated as required under clause
(3) of Article 348 of the Constitution of India).
EXCISE AND TAXATION DEPARTMENT
NOTIFICATION
Shimla-2, the May, 2013
No.____________ In exercise of the powers conferred under Section 17 of the Himachal
Pradesh Tax on Luxuries ( in Hotels and Lodging Houses) Act 1979 (Act No 15 of 1979) the
Governor of Himachal Pradesh proposes to further amend the Himachal Pradesh tax on Luxuries
(in Hotels and lodging Houses) Rules, 1979 and the same are hereby published in the e-gazette,
Himachal Pradesh for the information of general public.
If any interested person likely to be affected has any objection (s) or suggestion (s) with
regard to aforesaid proposal, he may sent the same to the Excise and Taxation Commissioner,
Himachal Pradesh, Shimla-171009 within a period of 15 days from the date of publication of this
notification;
Objection (s) suggestion (s), if any received within the above stipulated period, shall be
taken into consideration by the Government before finalizing the same, namely:—
DRAFT AMENDMENT
1.
Short title.—These Rules may be called the Himachal Pradesh tax on Luxuries in
Hotels and lodging Houses (Amendment) Rules, 2013.
2. Deletion of Rule 3-A(2).—In the H.P Tax on Luxuries(In Hotels and Lodging Houses)
Rules, 1979 after the Rule 3-A the second proviso namely Rule 3-A(2) shall be deleted.
Amendment of Rule3-C(2).—In Rule 3-C(2) after the words “may obtain from the
appropriate Assessing Authority” the words “on the deposit of a fee of rupees five through treasury
challan in the appropriate Government Treasury” shall be deleted.
By order,
Sd/-
Principal Secretary (E&T).
912
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URBAN DEVELOPMENT DEPARTMENT
NOTIFICATION
Shimla-2, the 8th May, 2013
No. UD-A (1)-1/2013-Loose.—In exercise of the powers conferred by sub-section (4) of
Section 10 of the Himachal Pradesh Municipal Act, 1994, the Governor, Himachal Pradesh is
pleased to nominate the following persons as members (Government nominee) of Municipal
Council, Nagrota Bagwan:—
(i) Sh. Ram Swarup Chand, s/o Sh. Brij Lal, Ward No. 5, Nagrota Bagwan, Distt.
Kangra, H.P.
(ii) Sh. Girish Dhawan, s/o Sh. Jagat Ram Dhawan, Ward No.1, Nagrota Bagwan, Distt.
Kangra, H.P.
(iii) Sh. Pramod Mehra, s/o Sh. Bansi Lal, Ward No. 6, Nagrota Bagwan, Distt. Kangra,
H.P.
By order,
Sd/-
Addl. Chief Secretary (UD).
_______
NAGAR PANCHAYAT NADAUN
(CONTROL AND REGULATION) OF MUCK DUMPING BYE–LAWS, 2013
NOTIFICATION
Dated, the 6th May, 2013
No. 444 NPN- (MUCKDUMPING) (1)-2013.—The following Muck dumping bye-laws,
2013 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 has been
considered by the Nagar Panchayat Nadaun and finalized these bye-laws namely:—
“Nagar Panchayat Nadaun (Control and regulation) of Muck Dumping Byelaws, 2013”
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, 2013”.
(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.
913
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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 nagar Panchayat Nadaun.
(c) “Authorized Officer”- means any officer /official duly authorized by the Nagar
Panchayat Nadaun under 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.
(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 Panchayat Nadaun at the time of inspection.
914
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
(vi) There shall be a restriction on movement of the vehicle carrying Muck a fter 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 Nadaun
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 Nagar Panchayat Nadaun 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 rai ng the construction at site is required to install a painted board of the Size of 2feet
×3feet indicating there in the number and date of the 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) Tipper Heavy duty
Rs.200/- per tipper /truck
(2) Tipper light duty
Rs.100/- per tipper
(3) Tractor trolley
Rs.50/- per trolley
(4) Pick up
Rs. 25/- per pickup
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.20/- per trip
(2) wheel barrows /hand cart
Rs. 2/- per trip
(3) Muel
Rs. 2/- per trip
(4) 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 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 or the
Nagar Panchayat Nadaun 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
915
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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.
(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 Panchayat Nadaun or Secretary in this behalf, on payment of sum Rs. 100/-such officer
under these Bye –laws.
(i) 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 any cases 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 Panchayat Nadaun the 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
labour mules 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 time of the
actual rate of dumping as fixed by the Nagar Panchayat Nadaun in 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.
916
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uke ifjorZu
eSa tksfxUnz flag iBkfu;k lqiq= Jh vej ukFk] cuh[ksr] ftyk pEck ?kks"k.kk djrk gwa fd esjk igys
uke tksfxUnz flag Fkk] vc esjk uke tksfxUnz flag iBkfu;k i<+k tk,A
tksfxUnz flag iBkfu;k
lqiq= Jh vej ukFk]
cuh[ksr] ftyk pEck
&&&&&&&&&
In the Court of Shri Karam Chand, Naib-Tehsildar-cum-Executive Magistrate,
Dharamshala, District Kangra, Himachal Pradesh
Case No. 28/NT/13
1.
Shri Sachin Kumar s/o Shri Dharm Chand, r/o V. P. O. 251, Sakoh, Tehsil
Dharamshala.
2. Smt. Sudha Devi d/o Shri Brahma Nand, resident of panyala, P. O. Bhattu, Tehsil
Baijnath.
Versus
1. General Public, 2. The Registrar of Marriages.
Subject.—Registration of marriage under section 8 (4) of the H. P. Registration of Marriages Act,
1996 (Act No. 21 of 1997).
PUBLIC NOTICE :
Whereas the above named applicants have made an application under section 8 (4) of the
Himachal Pradesh Registration of Marriages Act, 1996 alongwith an affidavit stating therein that
they have solemnized their marriage on 10-2-2009 at Sakoh but has not been found entered in the
records of the Registrar of Marriages, Sakoh.
And whereas, they have also stated that they were not aware of the laws for the registration
of marriage with the Registrar of Marriages and now, therefore, necessary order for the registration
of their marriage be passed so that their marriage may be registered by the concerned authority.
Now, therefore, objections are invited from the general public that if anyone has any
objection regarding the registration of the marriage of the above named applicants, they should
appear before the court of undersigned on 11-6-2013 at Tehsil Office Dharamshala at 10.00 A. M.
either personally or through their authorized agent.
In the event of their failure to do so, orders shall be passed ex parte for the registration of
marriage without affording any further opportunity of being heard.
Issued under my hand and seal of the Court on 26-4-2013.
Seal.
KARAM CHAND,
Naib-Tehsildar-cum-Executive Magistrate,
Dharamshala, District Kangra, Himachal Pradesh.
917
jkti=] fgekpy izns'k] 9 ebZ] 2013@19 oS'kk[k 1935
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918
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