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fgekpy izns'k ljdkj

MUNICIPAL COUNCILL DALHOUSIE DISTT. CHAMBA (H.P).

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

Dated, the 26the April, 2013

NOTIFICATION

N0. 585/DMC .—The following Draft Muck dumping Bye-Laws, 2013 proposed by the

Municipal Council, Dalhousie vide resolution No. 64(5) dated 29/11/2011 in exercise of the power

conferred by section 216, 217 and 219 read with Section 202 (y )(z b) of the Himachal Pradesh

Municipal Act, 1994 (Act No. 13 of 1994) as amended from to time to time was displayed vide

public notice No 149/DMC dated 21-2-2013 on the notice board of conspicuous places of

32&jkti=@2013&10&05&2013 ¼919½

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jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

Dalhousie Town for the information of general public for inviting objections and suggestions

within the period of 30 days.

No objection/suggestion has been received in connection with the draft Muck Dumping Bye

Laws-2013. This matter was laid before the meeting of the House and unanimously decided vide

Reso. No. 137 (1) dated 09-04-2013 that the proposed Muck Dumping Bye Laws-2013 is finally

approved and be sent to the Govt. for notification which will be come into force from the date of its

notification in Rajpatra Himachal Pradesh (extraordinary).

“Municipal Council, Dalhousie (Control and Regulation) of Muck Dumping Bye-laws, 2013”

Preliminary

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

“Municipal Council, Dalhousie (Control and Regulation) of Muck Dumping Bye-laws, 2013.”

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

(extraordinary) Himachal Pradesh.

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

Dalhousie 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.

(c) “Authorized Officer”-means any Officer/official duly authorized by the Municipal

Council, Dalhousie under these Bye-laws.

(d) “Muck”-includes earth of stone, material of any description or any rubbish or polluted

or obnoxious matter or Debris including building, construction waste.

(e) “Place”-means authorized site specified by the Municipal Council for dumping of

muck.

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

over the area of Municipal Council under the Act.

(g) Words and expressions used in these Bye-laws but not defined herein shall have the

meaning respectfully assigned to them under the Act.

3. Prohibition on Muck Dumping.—(i) No person, either by himself of through another,

shall knowingly of otherwise throw or cause to be thrown any kind of Muck in any place other than

the place specified by the Municipal Council for dumping of Muck within their area.

(ii) Any person found dumping the Muck illegally, un-authorisedly and without any

permission shall be liable for penalty under these Bye-laws and the vehicle or tools used for the

dumping shall be impounded.

4. Procedure for Application and grant of permission.—(i) Applicant or the person

concerned intended to commence the construction within the area of the Municipal Council,

921

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

plot/construction site to the Municipal Council, Dalhousie 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

spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site

shall be assessed for raising the bill and for according necessary permission in favour of the

applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of

the amount deposited by the applicant in the Municipal office on this account.

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

Municipal Council, Dalhousie authorities in writing and the name of the place/site for dumping of

debris by the applicant shall also be mentioned in their building sanction letter. Further, intimation

of the same shall also be given to the contractor hired or engaged by the Municipal Council,

Dalhousie for managing the dumping site.

(v) During transportation of the Muck, a person shall have to carry the original permission

a copy of which shall be affixed on the windscreen of the vehicle at the time of inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after the sun set

and before the sun rise. The normal timings for dumping the Muck in the dumping site shall be

between 9.00 A. M. to 5.00 P. M. However, in the case of exigencies, the Municipal Council,

Dalhousie 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 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

of before raising the construction at site is required to install a painted board of the size 2ft.x 3ft.

indicating there in the number and date of the sanction, commencement of construction and hours

during which construction can be carried out, time when excavation can be done, name of dumping

site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of

construction sanctioned on each floor and the telephone number of the office/Control Room set up

by the Municipal Council for entertainment of complaints etc.

(ix) The Municipal Council, Dalhousie shall prescribe the conditions relating to the

application of muck generation from the plot, grant of sanction for muck disposal and condition

relating to affixing of board at site giving therein the detail as mentioned in clause (viii) at the time

of grant of building sanction.

5. Rates for dumping of Muck.—The following rates shall be applicable for dumping of

Muck in the specified places.

(i) Pickup

Rs.200/- per pickup

(ii) Tipper light duty

Rs.500/-per tipper

(iii) Tipper Heavy duly/truck

Rs.1000/- per tipper/truck.

(iv) Mule

Rs. 10/- per Mule

(v) Mannual

Rs. 5/- per Bag.

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

be notified by the Municipal Council, Dalhousie.

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 places as

specified by the Municipal Council, Dalhousie.

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

Council, Dalhousie 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 either on the information received by himself or through any other source

immediately on receiving such information, may stop and inspect the vehicle carrying muck for the

purpose of ascertaining the required permission at any point of time and impound the same if found

violating the provisions of these Bye-laws.

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

compounding of offences under these Bye-laws.

(iii) The official impounding the vehicle shall immediately report to this effect in writing

either to the Executive Officer or the President of Municipal Council, Dalhousie and keep the same

in custody at by the Municipal Council till it is not released to the registration 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 Municipal Council in cash or through demand draft.

8. Compounding of offences.—All the offences punishable under these Bye-laws may,

before, the institution or Prosecution, be compounded by such officer as may be authorized by the

Municipal Council 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

tired in a summary manner by the Special Judicial Magistrate First Class of the concerned

Municipal area under section 260 of the Code of Criminal Procedure, 1973.

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

specified/notified by the Municipal Council the rate of penalty shall be ten times at the first

instance, twenty times at the second instance and for the third instance of thereafter the amount of

penalty shall be thirty times of the actual rate of dumping as fixed by the Municipal Council,

Dalhousie in respect of the class and make of vehicle as defined in Clause 5 of these Bye-laws.

(ii) In case of repeated violation, in addition to penalty as specified above, the owner at

whose instance the construction/excavation work is carried and is found dumping the Muck

illegally of without the permission of the competent authority as the case may be, shall also be

liable for disconnection of water, electricity and others civic amenities and the concerned Officer/

official may request the competent authority of withdrawn of recognition and registration if any

923

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

granted in their favour including withdrawn of building sanction granted in favour of the owner

concerned.

By order.

Sd/-

Executive officer,

Municipal Council, Dalhousie.

________

APPENDIX-I

(See Bye-laws 4(i))

Proforma for Estimation of Muck Generation

1. Name of the applicant of the Plot/land/Project.

2. Area and Khasra No. ...............of thePlot/land/Project.

3. Location of the Plot/land/Project including Municipal Ward…………..

4. Whether owner or builder or otherwise please specify.

5. Estimate quantity of muck to be generated.

(Quantity must be specified in cubic meters) alongwith Estimate duly signed by the

authorized person.

Signature,

(Name & address of the Applicant).

Dated:

Place:

_________

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&&&&&&&

(Authoritative Engilish text of this Department Notification No-1-1/84-TPT-Loose-I,

dated 24th October, 2011 as required under clause (3) of Article 348 of the Constitution of India).

TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2 the 7th May, 2013

No-1-1/84-TPT-Loose-II.—In exercise of the powers vasted in her under sub-section (1) of

Section 68 of Motor Vehicle Act, 1988 (Act No-59 of 1988) the Governor of Himachal Pradesh, is

pleased to order the reconstitution of the Regional Transport Authorities in the State of Himachal

Pradesh to exercise and discharge powers and functions conferred by or under the Act ibid,

throughout the areas as specified herein, with immediate effect:—

Sr.

No.

Name of the Authority

Area of Jurisdiction

RTA Kangra

District Kangra

RTA Chamba

District Chamba

RTA Una

District Una

RTA Hamirpur

District Hamirpur

RTA Bilaspur

District Bilaspur

RTA Mandi

District Mandi

RTA Solan

District Solan

RTA Sirmour

District Sirmour

RTA Kullu

Districts of Kullu and Lahoul & Spiti

10.

RTA Shimla

Districts of Shimla & Kinnaur

By order,

Sd/-

Additional Chief Secretary (Transport) .

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fjDr inksa dks lafonk ds vk/kkj ij Hkjus ds fy, ljdkj dk vuqeksnu izkIr djus ds Ik”pkr~ v/;is{kk dks]

lEc) HkrhZ vfHkdj.k] vFkkZr~ fgekPky izns”k v/khuLFk lsok, p;u cksMZ] gehjiqj ds le{k j[ksxkA

¼x½ p;u] bu fu;eksa esa fofgr ik=rk 'krksZa ds vuqlkj fd;k tk,xkA

(II) lafonkRed miyfC/k;ka-&Lkafonk ds vk/kkj ij fu;qDr EkSdsfud dks 7]810@&:i;s dh

lesfdr fu;r lafonkRed jdr ¼tks is CkS.M dk U;wure tek xszM is ds cjkcj gksxh½ izfrekl lanRr dh

tk,xhA ;fn lafonk esa ,d o"kZ ls vf/kd dh c<kSrjh dh tkrh gS] rks Ik”pkr~orhZ o’kZ@¼o’kksZ½ ds fy,

lafonkRed miyfC/k;ksa esa 240@& :Ik, ¼in ds is cS.M dk U;wUkRkUk tek xzsM is dk rhu izfr”kr½ dh jde

okf"kZd o`f) ds :Ik esa vuqKkr dh tk,xhA

(III) fu;qfDr@vuq'kklu izkf/kdkjh-&funs'kd vk;qosZn] fgekpy izns'k fu;qfDr vkSj vuq'kklu

izkf/kdkjh gksxkA

(IV) p;u izfØ;k-&lafonk fu;qfDr dh n'kk esa in ij fu;qfDr ds fy, p;u ekSf[kd ijh{kk ds

vk/kkj ij fd;k tk,xk ;k ;fn vko';d ;k lehphu le>k tk,] rks fyf[kr ijh{kk ;k O;kogkfjd ijh{kk

ds vk/kkj ij fd;k tk,xk] ftldk Lrj@ikB~;Øe bR;kfn lEc) HkrhZ vfHkdj.k vFkkZr~ fgekpy izns”k

v/khuLFk lsok,a p;u cksMZ] gehjiqj }kjk vo/kkfjr fd;k tk,xkA

(V) lafonkRed fu;qfDr;ksa ds fy, p;u lfefr-&tSlh lECk) HkrhZ vfHkdj.k vFkkZr~ fgekpy

izns”k v/khuLFk lsok,a Pk;u cksMZ] gehjiqj }kjk le;≤ ij xfBr dh tk,A

(VI) djkj-&vH;FkhZ dks] p;u ds i'pkr~ bu fu;eksa ls lyaXu mikcU/k&^[k* ds vuqlkj djkj

gLrk{kfjr djuk gksxk A

928

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

(VII) fucU/ku vkSj 'krsZa-&¼d½ lafonk ds vk/kkj ij fu;qDr EkSdsfud dks 7]810@:Ik;s dh

lesfdr fu;e lafonkRed jde ¼tks is CkS.M dk U;wure tek xzsM is ds cjkcj gksxh½ izfrekl lanRr dh

tk,xh A lafonk Ikj fu;qDr O;fDr vkxs Ck<k, x, o’kksZa ds fy, lafonkRed jde esa 240@&:i;s ¼in ds

is cS.M dk U;wUkRke tek xszM is dk rhu izfr”kr½ dh o`f) dk gdnkj gksxk vkSj vU; dksbZ lgc)

izlwfo/kk,a] tSls ofj’B@p;u osrueku vkfn ugha fn;k tk,xkA

¼[k½ lafonk ij fu;qDr EkSdsfud dh lsok iw.kZr;k vLFkk;h vk/kkj ij gksxhA ;fn lafonk ij

fu;qDr O;fDr dk dk;[email protected] Bhd ugha ik;k tkrk gS] rks fu;qfDr lekIr fd, tkus ds fy, nk;h

gksxhA

¼x½ lafonk ij fu;qDr O;fDr ,d ekl dh lsok iwjh djus ds Ik”pkr~ ,d fnu ds vkdfLed

vodk”k dk gdnkj gksxkA ;g vodk”k ,d o’kZ rd lafpr fd;k tk ldsxkA rFkkfi lafonk ij fu;qDr

deZpkjh ckjg lIrkg ds izlwfr vodk”k vkSj nl fnu ds fpfdRlk vodkl ds fy, Hkh gdnkj

gksxk@gksxhA og fpfdRlk izfriwfrZ rFkk ,y0Vh0lh0 bR;kfn ds fy, gdnkj ugha gksxk@gksxhA lafonk ij

fu;qDr O;fDr dks mijksDr ds flok; fdlh vU; izdkj dk dksbZ vodk”k vuqKkr ugha gksxk %

ijUrq vuqiHkqDr vkdfLed vodk”k vkSj fpfdRlk vodk”k ,d dyS.Mj o’kZ rd lafpr fd;k tk

ldsxk vkSj vkxkeh dyS.Mj o’kZ ds fy, vxzuhr ugha fd;k tk,xkA

¼/k½ fu;aU=d vf/kdkjh ds vuqeksnu ds fcuk lsok ls vuf/kd`r vuqifLFkfr ls Lor% gh lafonk dk

¼Ik;kZolku½ lekfIr gks tk,xhA lafonk ij fu;qDr O;fDr drZO; ¼fM~;wVh½ ls vuqifLFkfr dh vof/k ds fy,

lafonkRed jde dk gdnkj ugha gksxkA

¼M-½ lafonk ij fu;qDr deZpkjh] ftlus rSukrh ds ,d LFkku ij ikap o"kZ dk dk;Zdky iw.kZ dj

fy;k gS] vko”;drk ds vk/kkj ij LFkkukarj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj ij ,slk djuk

visf{kr gksA

¼p½ p;fur vH;FkhZ dks ljdkjh@jftLVªhÑr fpfdRlk O;olk;h ls viuk vkjksX; izek.k i=

izLrqr djuk gksxkA ckjg lIrkg ls vf/kd dh xHkZorh efgyk vH;FkhZ izLko gksus rd] vLFkkbZ rkSj ij

vuqi;qDr cuh jgsxhA efgyk vH;fFk;ksa dk fdlh izkf/kd`r fpfdRlk vf/kdkjh@O;olk;h }kjk mi;qDrrk

ds fy, iqu% ijh{k.k fd;k tk,xkA

¼N½ lafonk ij fu;qDr O;fDr dk ;fn vius inh; drZO;kas ds lEcU/k esa nkSjs ij tkuk visf{kr gks]

rks og mlh nj ij] tSlh fu;fer izfrLFkkuh deZpkfj;ksa dks osrueku ds U;wure ij ykxw gS] ;k=k HkRrs@

nSfud HkRrs dk gdnkj gksxk@gksxhA

¼t½ fu;fer deZpkfj;ksa dh n”kk esa ;Fkkykxw lsok fu;eksa ds micU/k tSls ,Q-vkj-,l-vkj] NqV~Vh

fu;e] lk/kkj.k Hkfo’; fuf/k fu;e] isa”ku fu;e rFkk vkpj.k fu;e vkfn lafonk ij fu;qDr O;fDr;ksa dh

n”kk esa ykxw ugha gksaxsA os bl LrHHk esa ;Fkkof.kZr miyfC/k;ksa vkfn ds fy, gdnkj gksaxA

16- vkj{k.k-& lsok esa fu;qfDr fgekpy izns”k ljdkj }kjk le; le; ij vuqlwfpr tkfr;ksa@

vuqlwfpr tutkfr;ksa@vU; fiNM+s oxksZa vkSj vU; izoxZ ds O;fDr;ksa ds fy, Lksok esa vkj{k.k dh ckCkr

tkjh fd, x, vkns”kksa ds v/khu gksxhA

17- foHkkxh; ijh{kk-&ykxw ughaA

18- f”kfFky djus dh “kfDr-&tgka jkT; ljdkj dh jk; gks fd ,slk djuk vko”;d ;k lehphu

gS] ogka og dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkSj fgekpy izns”k yksd lsok vk;ksx ds ijke”kZ ls

vkns”k }kjk] bu fu;eksa ds fdUgh micU/kksa dks fdlh oxZ ;k O;fDr;ksa ds izoxZ ;k inksa dh CkkCkr f”kfFky

dj ldsxhA

929

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

mikcU/k&[k

EkSdsfud vkSj fgekpy izns'k ljdkj ds e/; funs'kd vk;qosZn ds ek/;e ls fu"ikfnr dh tkus okyh

lafonk@djkj dk iz:Ik

;g djkj Jh@Jhefr-+ --------------------------------------------------------------------------iq=@iq=h Jh----------------------------------------------

fuoklh-----------------------------------------------------------------------Lkafonk ij fu;qDr O;fDr ¼ftls blesa blds Ik”pkr~ izFke

i{kdkj dgk x;k gS½ vkSj fgekpy izns”k dh jkT;iky ds e/; funs”kd vk;qosZn] fgekpy izns”k ¼ftls

blesa blds Ik”pkr~ f}rh; i{kdkj dgk x;k gS½] ds ek/;e ls vkt rkjh[k---------------------------------------dks fd;k

x;kA

^^f}rh; i{kdkj** us mijksDr ^^izFke i{kdkj** dks yxk;k gS vkSj izFke i{kdkj us eSdsfud ds :Ik

es lafonk ds vk/kkj ij fuEufyf[kr fucU/ku vkSj “krksZa ij lsok djus ds fy, lgefr nh gS%&

1- ;g fd izFke i{kdkj EkSdsfud ds :Ik eas---------------------------------------------ls vkjEHk gksus vkSj---------------------

dks lekIr gksus okys fnu rd] ,d o’kZ dh vof/k ds fy, f}rh; i{kdkj dh lsok esa jgsxkA

;g fofufn’V :Ik ls mfYyf[kr fd;k x;k gS vkSj nksuksa i{kdkjksa }kjk djkj ik;k x;k gS fd

izFke i{kdkj dh f}rh; i{kdkj ds lkFk lafonk] vk[kjh dk;Z fnol dks vFkZkr~---------------------fnu

dks Lo;aeso gh i;Zoflr ¼lekIr ½ gks tk,xh lwpuk uksfVl vko”;d ugha gksxk %

ijUrq lafonk dh vof/k esa o’kkZuqo’kZ vk/kkj ij [email protected] ds fy, lEc) foHkkxk/;{k

;g izek.k i= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k ml o’kZ ds

nkSjku larks’ktud jgk gS vkSj dsoy rHkh mldh lafonk vof/k uohd`r@foLrkfjr dh

tk,xhA

2- izFke i{kdkj dh lafonkRed jde :Ik, 7]810@&izfrekl gksxh A

3- izFke i{kdkj dh lsok iw.kZr;k vLFkk;h vkk/kkj Ikj gksxhA ;fn lafonk ij fu;qDr O;fDr dk

dk;[email protected] Bhd ugha ik;k tkrk gS] rks fu;qfDr iz;Zoflr ¼lekIr½ dh tkus ds fy, nk;h

gksxhA

4- lafonk ij fu;qDr O;fDr ,d ekl dh lsok iwjh djus ds Ik”pkr~ ,d fnu ds vkdfLed

vodk”k dk gdnkj gksxkA ;g vodk”k ,d o’kZ rd lafpr fd;k tk ldsxkA rFkkfi lafonk

ij fu;qDr deZpkjh ckjg lIrkg ds izlwfr vodk”k vkSj nl fnu ds fpfdRlk vodkl ds

fy, Hkh gdnkj gksxk@gksxhA og fpfdRlk izfriwfrZ rFkk ,y0Vh0lh0 bR;kfn ds fy, gdnkj

ugha gksxk@gksxhA lafonk ij fu;qDr eSdsfud ¼in dk uke½ dks mijksDr ds flok; fdlh

vU; izdkj dk dksbZ vodk”k vuqKkr ugha gksxk %

ijUrq vuqiHkqDr vkdfLed vodk”k vkSj fpfdRlk vodk”k ,d dyS.Mj o’kZ rd lafpr fd;k

tk ldsxk vkSj vkxkeh dyS.Mj o’kZ ds fy, vxzuhr ugha fd;k tk,xkA

5- fu;U=d vf/kdkjh ds vuqeksnu ds fcuk lsok ls vuf/kd`r vuqifLFkfr ls Lor% gh lafonk dk

Ik;kZolku ¼lekiu½ gks tk,xkA lafonk ij fu;qDr EkSdsfud ¼in dk uke½ drZO; ¼fM;wVh½ ls

vuqifLFkfr dh vof/k ds fy, lafonkRed jde dk gdnkj ugha gksxkA

6- lafonk ij fu;qDr O;fDr ftlus rSukrh ds ,d LFkku ij ikap o’kZ dk dk;Zdky iw.kZ dj

fy;k gS] vko”;drk ds vk/kkj ij LFkkukUrj.k gsrq ik= gksxk] tgk Hkh iz”kklfud vk/kkj ij

,slk djuk visf{kr gksA

7- p;fur vH;FkhZ dks ljdkjh@jftLVªhÑr fpfdRlk O;olk;h ls viuk vjksX; izek.k i=

izLrqr djuk gksxkA ckjg lIrkg ls vf/kd le; ls xHkZorh efgyk izLko gksus rd] vLFkk;h

930

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

rkSj ij vuqi;qDr le>h tk,xhA efgyk vH;fFkZ;ksa dks fdlh izkf/kd`r ljdkjh fpfdRlk

vf/kdkjh jftLVªhÑr fpfdRlk O;olk;h }kjk mi;qDrrk ds fy, iqu% ijh{k.k fd;k tk,xk A

8- lafonk ij fu;qDr O;fDr dk ;fn vius inh; dÙkZO;kas ds lEcU/k esa nkSjs ij tkuk visf{kr gks]

rks og mlh nj ij tSls fu;fer izfrLFkkuh deZpkjh dks osrueku ds U;wure ij ykxw gS]

;k=k HkRrs@nSfud HkRrs dk gdnkj gksxkA

9- lafonk ij fu;qDr O;fDr@O;fDr;ksa dks deZpkjh lkewfgd chek ;kstuk ds lkFk&lkFk

bZ0ih0,Q@th0ih0,Q ykxw ugha gksxkA

blds lk{;Lo:Ik izFke i{kdkj vkSj f}rh; i{kdkj us lkf{k;ksa dh mifLFkfr esa blesa loZizFke

mfYyf[kr rkjh[k dks vius&vius gLrk{kj dj fn, gSaA

lkf{k;ksa dh mifLFkfr esa %

1-----------------------------------------------------------------------------

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¼uke o iwjk irk ½

2-------------------------------------------------------------------------------

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¼uke o iwjk irk ½

izFke i{kdkj ds gLrk{kj

lkf{k;ksa dh mifLFkfr esa %

1-----------------------------------------------------------------------------

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¼uke o iwjk irk ½

2-------------------------------------------------------------------------------

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¼uke o iwjk irk ½

f}rh; i{kdkj ds gLrk{kj

&&&&&&&&

[Authoritative English Text of this Department’s Notification No. Ayur-A(3)-20/99 dated

03-04-2013 as required under clause (3) of Article 348 of the Constitution of India].

AYURVEDA DEPARTMENT

NOTIFICATION

Shimla-171002, the 3rd April, 2013

No. Ayu-A(3)-20/99.—In exercise of the powers conferred by proviso to Article 309 to the

Constitution of India, the Governor, Himachal Pradesh, in consultation with HP Public Service

Commission, is pleased to make the Recruitment and Promotion Rules for the post of Mechanic

Class-III (Non-Gazetted) in the Department of Ayurveda, Himachal Pradesh, as per Annexure-‘A’

attached to this notification, namely:—

931

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Short title & Commencement.—(1) These rules may be called the Himachal Pradesh

Department of Ayurveda, Mechanic,Class-III(Non-Gazetted) Recruitment & Promotion Rules,

2013.

(2) These rules shall come into force from the date of publication in the Rajpatra, H.P.

2. Repeal & Savings.—(1) The Himachal Pradesh Department of Indian System of

Medicine & Homeopathy, Mechanic Class-III (Non Gazetted) Recruitment & Promotion Rules,

1987 notified vide Notification No. Swasthya-Ka(3)-27/84 dated 3-7-1987 are hearby repealed.

(2) Notwithstanding such repeal, any appointment made or anything done or any action

taken under the relevant rules so repealed under sub rule 2(1) supra shall be deemed to have been

validly made, done or taken under these rules.

By order

Sd/-

Principal Secretary (Ayurveda).

_________

ANNEXURE-A

RECRUITMENT & PROMOTION RULES FOR THE POST OF MECHANIC (NON

GAZETTED) CLASS-III IN THE DEPARTMENT OF AYURVEDA

HIMACHAL PRADESH

Name of Post.—MECHANIC

2. Number of post(s).— 03 ( Three )

3. Classification.—Class-III (Non-Gazetted)

4. Scale of pay.—(i) Pay scale for regular incumbents.—Pay Band Rs. 5910-

20200+Rs.1900/- Grade Pay.

(ii) Emoluments for contract employees.—Rs.7,810/-as per details given in Column 15-A.

Whether “Selection” post or “Non-Selection” post.—Not applicable

6. Age for direct recruitment.—Between 18 and 45 years.

Provided that the upper age limit for direct recruits will not be applicable to the candidates

already in service of the Government including those who have been appointed on adhoc or on

contract basis;

Provided further that if a candidate appointed on adhoc basis or on contract basis had

become over-age on the date he /she was appointed as such he/she shall not be eligible for any

relaxation in the prescribed age limit by virtue of his/her such adhoc or contact appointment;

Provided further that the upper age- limit is relaxable for scheduled caste/scheduled

Tribes/other categories of persons to the extent permissible under the general or special order(s) of

the Himachal Pradesh Government.

932

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Provided further that the employees of all the Public Sector Corporation and Autonomous

Bodies who happened to be Government servants before absorption in Public Sector

Corporations/Autonomous bodies at the time of initial of such constitutions of such Corporations

/Autonomous bodies shall be allowed age concession in direct recruitment as admissible to

Government Servants. This concession will not, however, be admissible to such staff of the public

sector Corporations/Autonomous bodies and who are/were finally absorbed in the service of such

Corporations/Autonomous after initial constitution of the public sector Corporations/Autonomous

Bodies.

(1) Age limit for direct recruitment will be reckoned on the first day of the year in which

the post(s) is/are advertised for inviting applications or notified to the Employment Exchange or as

the case may be.

(2) Age and experience in the case of direct recruitment, relaxable at the discretion of the

Himachal Pradesh Public Service Commission in case the candidate is otherwise well qualified.

7. Minimum Educational & other Qualifications required for direct recruit(s).—(a)

Essential Qualification(s) .—(i) Matric or its equivalent from a recognized Board of School

Education.

(ii) Certificate Course of one year duration in the trade of General Mechanic from a

recognized I.T.I. or from an Institute duly recognized by the H.P./Central Government.

(iii) 02 years experience as mechanic.

(b) Desirable Qualification(s).—Knowledge of customs/manners and dialects of Himachal

Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.

8. Whether age and educational qualification(s) prescribed for direct recruit(s) will

apply in the case of the Promotee(s).—Age.—Not applicable.

Educational Qualifications.—Not applicable.

9. Period of probation, if any.—Two years subject to such further extension for a period

not exceeding one year as may be ordered by the competent authority in special circumstances and

reasons to be recorded in writing.

10. Method(s) of recruitment whether by direct recruitment or by promotion

deputation, transfer and the percentage of post(s) to be filled in by various methods.—100%

by direct recruitment on regular basis or by recruitment on contract basis, as the case may be.

11. In case of recruitment by promotion, deputation transfer grade from which

promotion/deputation transfer is to be made.—Not applicable.

12. If a Departmental promotion committee exits, what is its composition?.—Not

applicable.

13. Circumstances under which the H.P.S.S.C. is to be consulted in making

recruitment.—As required under the law.

14. Essential requirement for a direct recruitment.—A candidate for appointment to

any service or post must be a citizen of India.

933

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

15. Selection for appointment to post by Direct Recruitment.—Selection for

appointment to the post in case of direct recruitment shall be made on the basis of vica-voce test if

the H.P.Public Service Commission or other recruiting authority, as the case may be, so consider

necessary or expedient by a written test, or practical test, the standard/syallabus etc., of which will

be determined by the Commission/other recruiting authority, as the case may be.

15(a).

Selection for appointment to the post by contract appointment.—

Notwithstanding anything contained in these rules, contract appointments to the post will be made

subject to the terms and conditions given below:—

(I) CONCEPT.—(a) Under this policy, the Mechanic in the Deptt. of Ayurveda will be

engaged on contract basis initially for one year; which may be extendable on year to year basis.

Provided that for extension/renewal of contract period on year to year basis the concerned

HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory

during the year and only then his period of contract is to be renewed /extended.

(b) POST FALLS WITHIN THE PURVIEW OF HPSSSB.—The Director Ayurveda after

obtaining the approval of the Government to fill up the vacant posts on contract basis will place the

requisition with concerned recruiting agency i.e. Himachal Pradesh Subordinate Services Selection

Board, Hamirpur.

these Rules.

(II) Contractual Emoluments.—The Mechanic appointed on contract basis will be paid

consolidated fixed contractual amount @ Rs. 7,810/- per month (which shall be equal to minimum

of the pay band+ Grade pay). An amount of Rs. 240/- (3% of the minimum of pay band+grade pay

of the post). as annual increase in contractual emoluments for the subsequent year(s) will be

allowed if contract is extended beyond one year.

(III) APPOINTING/DISCIPLINARY AUTHORITY.—The Director Ayurveda, H.P.

will be appointing and disciplinary authority.

(IV) SELECTION PROCESS.—Selection for appointment to the post in the case of

contract appointment will be made on the basis of viva-voce test or if considered necessary or

expedient by a written test or practical test, the standard/syllabus etc. of which will be determined

by the concerned recruiting agency i.e. Himachal Pradesh Subordinate Services Selection Board,

Hamirpur.

(V) COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINGMENTS.—

As may be constituted by the concerned recruiting agency i.e.the Himachal Pradesh Subordinate

Services Selection Board, Hamirpur from time to time.

(VI) AGREEMENT.—After selection of a candidate, he/she shall sign an agreement as

per Annexure-B appended to these Rules.

(VII) TERMS AND CONDITIONS.—(a) The contract appointee will be paid fixed

contractual amount of Rs.7,810/-per month (which shall be equal to minimum of the pay band +

grade pay). The contract appointee will be entitled for increase in contractual amount of Rs.240/-

(3% of the minimum of pay band + grade pay of the post) for further extended years and no other

allied benefits such as seniority/selection scales etc. will be given.

934

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

(b) The service of the Contract Appointee will be purely on temporary basis. The

appointment is liable to be terminated in case the performance/conduct of the contract appointee is

not found satisfactory.

service. However, the contract employee will also be entitled for 12 weeks Maternity Leave and 10

day’s Medical Leave. He/ She shall not be entitled for Medical Reimbursement and LTC etc. No

leave of any other Kind except above is admissible to the contract appointee.

Provided that the un-availed Casual Leave and Medical Leave can be accumulated upto the

Calendar Year and will not be carried forward for the next Calendar Year.

(d) Unauthorized absence from the duty without the approval of the controlling Officer

shall automatically lead to the termination of the contract. Contract appointee shall not be entitled

for contractual amount for the period of absence from duty.

(e) An official appointed on contract basis who has completed five years tenure at one

place of posting will be eligible for transfer on need based basis wherever required on

administrative grounds.

(f) Selected candidate will have to submit a certificate of his/her fitness from the

Government/Registered Medical Practitioner. Women candidate pregnant beyond 12 weeks will

stand temporarily unfit till the confinement is over. The women candidate will be re- examined for

the fitness from an authorized Medical Officer/ Practitioner.

(g) Contract appointee will be entitled to TA/DA, if required to go on tour in connection

with his/her official duties at the same rate as applicable to regular counterpart officials at the

minimum of pay scale.

(h) Provisions of service rule like FR SR, Leave rules,GPF rules,Pension rules and

Conduct rules etc.as are applicable in case of regular employees will not be applicable in case of

contract appointee. They will be entitled for emoluments etc. as detailed in this column.

16. Reservation.—The appointment to the service shall be subject to orders regarding

reservation in the service for Scheduled Castets/Scheduled Tribes/Other Backward Classes/other

category of persons issued by the Himachal Pradeh Government from time to time.

17. Departmental examination.—Not applicable.

18. Powers to relax.—Where the State Govt. is of the opinion that it is necessary or

expedient to do so, it may, be order for reasons to be recorded in writing and in consultation with

the Himachal Pradesh Public Service Commission relax any of the Provision(s) of these Rules with

respect to any Class or Category of person(s) or post(s) Under Secretary (Ayurveda) to the

Government of Himachal Pradesh.

_______

ANNEXURE-B

Form of contract/agreement to be executed between the Mechanic and the Director Ayurveda

and the Government of Himachal Pradesh through Director Ayurveda

This agreement is made on this__________day of__________ in the year_______between

Shri/Smt.___________________________R/o___________________________contract appointee

935

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(hereinafter called the First Party) AND the Governor, Himachal Pradesh through Director

Ayurveda, Himachal Pradesh (herein after called the SECOND PARTY).Whereas, the SECOND

PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY has agreed to serve as a

Mechanic on contract basis on the following terms & conditions:—

1. That the FIRST PARTY shall remain in the service of the SECOND PARTY as a

Mechanic for a period of one year commencing on_______________day

of___________and ending on the_____________day of_________________ It is

specifically mentioned and agreed upon by both the parties that the contract of the

FIRST PARTY shall post-ipose facto stand terminated on the last working day i.e.

on_____________and information notice shall not be necessary.

Provided that for extension/renewal of contract period on year to year basis the

concerned HOD shall issue a certificate that the service and conduct of the contract

appointee is satisfactory during the year and only then his period of contract is to be

renewed/extended.

2. The contractual amount of the FIRST PARTY will be Rs.7, 810/- per month.

3. The service of FIRST PARTY will be purely on temporary basis. The appointment is

liable to be terminated in case the performance /conduct of the contract appointee is

not found good or if a regular incumbent is appointed/posted against the vacancy for

which the first party was engaged on contract.

4. Contractual Mechanic (Name of the post) will be entitled for one day’s casual leave

after putting in one month service. However, the contract employee will also be

entitled for 12 weeks Maternity Leave and 10 day’s Medical Leave. He/She shall not

be entitled for Medical Re-imbursement and LTC etc. No leave of any other kind

except above is admissible to the contractual Mechanic (name of the post).

Provided that the un-availed Casual Leave and Medical Leave can be accumulated

upto the Calendar Year and will not be carried forward for the next Calendar Year.

5. Unauthorized absence from duty without the approval of the controlling officer shall

automatically lead to the termination of the contract. A contractual Mechanic (Name

of the post) will not be entitled for contractual amount for the period of absence from

duty.

6. An official appointed on contract basis who have completed five years tenure at one

place of posting will be eligible for transfer on need bases basis wherever required on

administrative grounds.

7. Selected candidate will have to submit a certificate of his/her fitness from the Govt.

authorized/registered Medical Practitioner. Women candidate pregnant beyond 12

weeks will stand temporarily unfit till the confinement is over. The women candidate

will be re-examined for the fitness from an authorized Govt. authorized/Registered

Medical Practitioner.

Contract appointee shall be entitled for TA/DA if required to go on tour in connection

with his/her official duty at the same rate as applicable to regular counter part official

at the minimum of pay scale.

9. The Employees Group Insurance Scheme as well as EPF/GPF will not be applicable to

contractual appointee(s).

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IN WITNESS THE FIRST PARTY AND SECOND PARTY HAVE HEREIN TO SET THEIR

HANDS THE DAY, MONTH AND YEAR FIRST, ABOVE WRITTEN.

IN THE PRESENCE OF WITNESS

--------------------------------

----------------------------------

(Name and full address)

(Signature of first party).

-----------------------------

------------------------------

(Name and full address)

(Signature of Second party).

&&&&&&&&

NAGAR PANCHAYAT NARKANDA DISTT SHIMLA (HP)

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

NOTIFICATION

Dated, the 09^th May, 2013

NP/NKD.198.—The following Muck dumping by-laws, 2013 made by the N.P. Narkanda

in exercise of the power conferred by section 216, 217 and Section 219 read with clause (y and z

b) of sub-(1) section 2002 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as

amended from to time to time are hereby published in the Rajpatra, Himachal Pradesh

(extraordinary) for the information of general public and notice is hereby given that the said draft

bye-laws shall be considered by the N.P.Narkanda after expiry of a period of 15 days from the date

of its publication in the Rajpatra, Himachal Pradesh.

If any person, likely to be affected by these draft bye-laws has any, objection (s) against

these draft rules, he may sent the written objections to the Executive officer/Secretary of concerned

ULB, within the aforesaid period.

Objections, if any, received within the period as specified above, shall be taken into

consideration by the N.P.Narkanda before finalizing these bye-laws namely:—

“N.P. Narkanda (Control and Regulation) of Muck Dumping Bye-laws, 2013”

Preliminary

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

“N.P. Narkanda 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 N.P.Narkanda as

defined from time to time.

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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 N.P.Narkanda

(c) “Authorized Officer”- means any Officer/official duly authorized by the

N.P.Narkanda under these Bye-laws.

(d) “Muck”- includes earth of 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 N.P.Narkanda for dumping of muck.

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

over the area of N.P.Narkanda under the Act.

(g) Words and expressions used in these Bye-laws but not defined herein shall have the

meaning respectfully assigned to them under the Act.

Prohibition on Muck Dumping.—(i) no person, either by himself of through another,

shall knowingly of otherwise throw or cause to be thrown any kind of Muck in any place other than

the place specified by the N.P.Narkanda for dumping of Muck within their area.

(ii) any person found dumping the Muck illegally, un-authorisedly and without any

permission shall be liable for penalty under these Bye-laws and the vehicle or tools used for the

dumping shall be impounded.

Procedure for Application and grant of permission.—(i) Applicant or the person

concerned intended to commence the construction within the area of the N.P.Narkanda shall in

writing submit detailed estimate of Muck to be generated from the plot/construction site to the

N.P.Narkanda on the prescribed Performa annexed with these Bye-laws as appendix-I at the time

of submission of their building map/plan for sanction. The building plan without such estimate

shall not be considered for sanction.

(ii) The estimate submitted by the applicant shall be verified by the concerned official after

spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site

shall be assessed for raising the bill and for according necessary permission in favor 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 N.P.Narkanda on this account.

(iv) The place for dumping of muck shall be communicated to the applicant by the N.P.

Narkanda authorities in writing and the name of the place/site for dumping of debris by the

applicant shall also be mentioned in their building sanction letter. Further, intimation of the same

shall also be given to the concerned agency or the contractor hired or engaged by the N.P.Narkanda

for managing the dumping site.

(v) during transportation of the Muck, a person shall have to carry the original permission

a copy of which shall be affixed on the windscreen vehicle and the same shall have to be shown to

the authorized officer of the N.P.Narkanda at the time of inspection.

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(vi) There shall be restriction on movement of the vehicle carrying Muck after the sun set

and before the sun rise. The normal timings for dumping the Muck in the dumping site shall be

between 9:00 A.M. to 5:00 P.M. However, in the case of exigencies, the N.P.Narkanda 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 N.P. Narkanda 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

of before raising the construction at site is required to install a painted board of the size 2X4

indicating there in the number and date of the sanction, commencement of construction and hours

during which construction can be carried out, time when excavation can be done, name of dumping

site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of

construction sanctioned on each floor and the telephone number of the office/Control Room set up

by the N.P.Narkanda for entertainment of complaints etc.

(ix) The N.P.Narkanda shall prescribe the conditions relating to the application of muck

generation from the plot, grant of sanction for muck disposal and condition relating to affixing of

board at site giving therein the detail as mentioned in clause (viii) at the time of grant of building

sanction.

Rates for dumping of Muck.—The following rates shall be applicable for dumping of

Muck in the specified places.

(i) Manual per Bag

Rs. 5/- per bag one time

(ii) Mule

Rs. 20/- one time

(iii) Pickup

Rs.250/- per pickup one time

(iv) Tipper light duty

Rs.650/-per tipper one time

(v) Tipper Heavy duly/truck

Rs. 1100/- per tipper/truck. one time

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

be notified by the N.P. Narkanda.

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 places as

specified by the N.P. Narkanda.

(ii) Whosoever is found dumping Muck other than the place specified by the N.P.

Narkanda, the owner or the person caught dumping the Muck shall be liable jointly for penalty

under these bye-laws.

939

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(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 or the police establishment of the

N.P. Narkanda in this behalf either on the information received by himself of 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 if time and impound the same if

found violating the provisions of these Bye-laws.

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

compounding of offences under these Bye-laws.

(iii) The official impounding the vehicle shall immediately report in writing about the

impounding of vehicle to the authority officer/official and keep the same in custody at the place

designated by the N.P.Narkanda till it is not released to the registration owner. The halt charges of

the vehicle at such designated place shall be levied at the rate of Rs. 1000/- per day payable by

registered owner to the N.P.Narkanda in cash or through demand draft.

Compounding of offences.—All the offences punishable under these Bye-laws May,

before, the institution or Prosecution, be compounded by such officer as may be authorized by the

N.P. Narkanda of Executive officer/Secretary in this behalf, on payment of such sum as may be

specified by such officer under these Bye-laws.

Offences to be tried summarily.—The offences which are not compounded shall be

tired in a summary manner by the Judicial Magistrate First Class of the concerned municipal area

under section 260 of the Code of Criminal Procedure.

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

notified by the N.P. Narkanda, the rate of penalty shall be ten times at the first instance, twenty

times at the second instance and for the third instance of thereafter the amount of penalty shall be

thirty times of the actual rate of dumping as fixed by the N.P. Narkanda in respect of the class and

make of vehicle as defined in Clause 5 of these By-laws.

(ii) in case of repeated violation, in addition to penalty as specified above, the owner at

whose instance the construction/excavation work is carried and is found dumping the Muck

illegally of without the permission of the competent authority as the case may be, shall also be

liable for disconnection of water, electricity and others civic amenities and the concerned Officer/

official may request the competent authority of withdrawn of recognition and registration if any

granted in their favor including withdrawn of building sanction granted in favor of the owner

concerned.

By order,

Sd/-

Secretary,

Nagar Panchyat Narkanda.

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Clause (y and z) of sub section (1)of Section 202 of the Himachal Pradesh Municipal Act, 1994

(Act No. 13 of 1994) as amended from time to time are hereby published in the Rajpatra, Himachal

Pradesh (extraordinary) for the information of general public and notice is hereby given that the

said draft bye-laws shall be considered by the MC/NP after expiry of a period of 15 days from the

date of its publication in the Rajpatra, Himachal Pradesh.

If any person, likely to be affected by these draft bye-laws has any, objection (s) against

these draft rules, he may sent the written objections to the Secretary of Nagar panchayat Sujanpur

Tihra , with in the aforesaid period.

Objections, if any, received within period as specified above, shall be taken into

consideration by the NP before finalizing these bye-laws namely:—

“NP Sujanpur Tihra (Control and Regulation) of Muck Dumping Bye-Laws, 2013”

Preliminary

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

Sujanpur Tihra (Control and Regulation) of Muck Dumping Bye-Laws , 2013”.

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

(extraordinary) Himachal Pradesh.

(iii) These Bye-Laws shall be applicable within the jurisdiction of NP Sujanpur Tihra as

defined from time to time.

2. Definitions.—(i) In these bye-laws, unless the context otherwise requires:—

(a) “Act”-means the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994) as

amended from time to time.

(b) “Applicant”-means any person applying for permission for dumping of Muck in the

authorized dumping places as specified by the NP.

(c) “Authorized Officer”-means any Officer/Official duly authorized by the NP Sujanpur

under these bye-laws.

(d) “Muck”-includes earth or stone, material of any description or any rubbish or polluted

or obnoxious matter or Debris including building, construction waste.

(e) “Place”-means authorized site specified by the NP Sujanpur for dumping of Muck.

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

over the area of NP Sujanpur under the Act.

(g) Words and expressions used in these Bye-Laws but not defined here in shall have the

meaning respectfully assigned to them under the Act.

3. Prohibition on Muck Dumping.—(i) No person, either by himself or through another

, shall knowingly or otherwise throw or cause to be thrown any kind of Muck in any place other

than the place specified by the NP Sujanpur Tihra for dumping of Muck with in their area.

(ii) Any person found dumping the Muck illegall, 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.

Procedure for Application and grant of permission.—(i) Applicant or the person

concerned intended to commence the construction within the area of the MC/NP shall in writing

945

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submit detailed estimate if Muck to be generated from the plot, construction site to the NP on the

prescribed Performa annexed with these Bye-laws as appendix-I at the time of submission of their

building map/plan for sanction. The building plan without such estimate shall not be considered for

sanction.

(ii) The estimate submitted by the applicant shall be verified by the concerned official

after spot inspection and thereafter the carriage of muck to be (ix) The NP shall prescribe the

conditions relating to the application of muck generation from the plot, grant of sanction for muck

disposal and condition relating to affixing of board at site giving therein the detail as mentioned in

clause (viii) at the time of grant of building sanction.

5. Rates for dumping of Muck.—The following rates shall be applicable for dumping of

Muck in the specified places.

(i) Manual

Rs. 10/- Per load

(ii) Mule

Rs. 20/- Per

(iii) Pick up

Rs. 300/- per pickup

(iv) Tipper light duty

Rs. 700/- per tipper

(v) Tipper Heavy duty/truck

Rs. 1200/- per tipper/truck.

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

be notified by the MC/NP.

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

responsibility of owner to make available all the sanctions/permission granted by the competent

authority to the person so hired or engaged by him for dumping of Muck in a specified by the NP.

(ii) Who so ever is found dumping Muck other than the place specified by the NP, the

owner or the person caught dumping the Muck shall be liable jointly for penalty under these

Bye-laws.

(iii) At the time of transportation of Muck, the person concerned shall make available the

permission to the inspecting staff at the time of inspection of vehicle without causing any

hindrance.

7. Impounding of vehicle.—(i) The authorized officer or the police establishment of the

MC/NP in this behalf either on the information received by himself or through other source shall

immediately on receiving such information may stop and inspect the vehicle carrying muck for the

purpose of ascertaining the required permission at any point of time and impound the same if found

violating the provisions of these Bye-laws.

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

compounding of offences under these Bye-laws generated from the plot/construction site shall be

assessed for raising the bill and for according necessary permission in favour of the applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of

the amount deposited by the applicant in the NP on this account.

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

authorities in writing and the same of the place/ site for dumping of debris by the applicant shall

also be mentioned in their building sanction letter. Further, intimation of the same shall also be

given to the concerned official or to the concerned agency. Or the contractor hired or engaged by

the NP for managing the dumping site.

946

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(v) During transportation of the Muck, a person shall have to carry the original permission

a copy of which shall be affixed on the windscreen of the vehicle and the same shall have to be

shown to the authorized Officer of the NP at the time of inspection.

(vi) There shall be a restriction on movement of the vehicle carrying Muck after the sun

set and before sun rise. The normal timings for dumping the Muck in the dumping site shall be

between 09.00 A. M. to 05.00 P. M. However, in the case of exigencies, the NP may in writing relax

such restrictions.

(vii) No one shall be permitted to carry the digging and excavation of plot or land after

sun set and before sun rise but the NP in the larger public interest or in the case of emergent

situation may relax such imposition/restrictions on receiving written request from the applicant or

the concerned agency or the authority interested in this regard.

(viii) The person after obtaining the sanction of building map from the competent

authority or before raising the construction at site is required to install a painted board size of …...

x …… indicating there in the number and date of the sanction, commencement of construction and

hours during which construction can be carried out, time when excavation can be done, name of

dumping site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area

of construction sanctioned on each floor and the telephone number of the Office/Control Room set

up by the NP for entertainment of complaints etc.

(ix) The official impounding the vehicle shall immediately report in writing about the

impounding of vehicle to the authorized officer/official and keep the same in custody at the place

designated by the NP till it is not released to the registered owner. The halt charges of the vehicle at

such designated place shall be levied at the rate of Rs. 1000/- per day payable by registered owner

to the NP in cash or through demand draft.

8. Compounding of offences.—All the offences punishable under these Bye-laws may,

before , the institution of Prosecution, be compounded by such officer as may be authorized by the

NP or Executive/Secretary in this behalf, on payment of such sum as may be specified by such

officer under these Bye-laws.

9. Offences to be tried summarily.—The offences which are not compounded shall be

tried in a summary manner by the Judicial Magistrate First Class of the concerned municipal area

under section 260 of the code of Criminal Procedure.

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

specified/notified by the NP, the rate of penalty shall be ten times at the first instance, twenty times

at the second instance and for the third instance or there after the amount of penalty shall by thirty

times of the actual rate of dumping as fixed by the NP in respect of the class and make of vehicle as

defined in Clause 5 of these Bye-laws.

(ii) In case of repeated violation, in addition to penalty as specified above, the owner at

whose instance the construction/excavation work is carried and is found dumping the Muck

illegally or without the permission of the competent authority as the case may be, shall also be

liable for disconnection of water, electricity and others civic amenities and the concerned

Officer/Official may request the competent authority for withdrawal of recognition and registration

if any granted in their favour including withdrawal of building sanction granted in favour of the

owner concerned.

By order,

Sd/-

Secretary,

Nagar panchayat Sujanpur Tihra,

District Hamirpur (H. P.)

947

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

vkcdkjh ,oa djk/kku foHkkx

vf/klwpuk

f'keyk&171002] 9 ebZ] 2013

la[;k% bZ,Dl,u&,Q ¼16½3@1999-&fgekpy izns”k dh jkT;iky] fgekpy izns”k 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 Ng ekl dh vof/k

ds fy, vk;ksftr fd, tkus okys tknwxj izn”kZuksa ij] iwoksZDr vf/kfu;e ds v/khu rqjUr izHkko ls “kqYd ds

lank; ls NwV iznku djrh gSA

vkns'k }kjk]

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iz/kku lfpo ¼vkc0 ,oa djk0½A

&&&&&&

(Authoritative English text of this department notification No. EXN-F (16) 3/1999, dated 9-

5-2013 as required under clause (3) of Article 348 of the Constitution of India).

EXCISE AND TAXATION DEPARTMENT

NOTIFICATION

Shimla-171002, 9 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 organised in the State of Himachal

Pradesh for a period of six months with immediate effect.

By order,

Sd/-

Pr. Secretary (E&T) .

__________

NAGAR PANCHAYAT JAWALAMUKHI

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

NOTIFICATION

Dated,....................

No. 601.—The following Muck dumping bye-laws, 2013 made by the Nagar Panchayat

Jawalamukhi 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

Jawalamukhi and finalized these act namely:—

948

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“Nagar Panchayat Jawalamukhi (Control and regulation ) of Muck Dumping Byelaws, 2013”

Preliminary

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

“Nagar Panchayat Jawalamukhi ( Control and regulation ) of Muck Dumping Byelaws, 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

Jawalamukhi 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 Jawalamukhi.

(c) “Authorized Officer”-means any officer /official duly authorized by the Nagar

Panchayat Jawalamukhi 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 Jawalamukhi for

dumping of Muck.

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

over the area of Nagar Panchayat Jawalamukhi 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 Jawalamukhi 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

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

plot/construction site to the Nagar Panchayat Jawalamukhi on the prescribed proformaappendix-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 .

949

jkti=] fgekpy izns'k] 10 ebZ] 2013@20 oS'kk[k 1935

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt

of the amount deposited the applicant in the Nagar Panchayat Jawalamukhi on this account.

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

Panchayat Jawalamukhi 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 Jawalamukhi 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 Jawalamukhi at the time of inspection .

(vi) There shall be a restriction on movement of the vehicle carrying Muck a 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

Jawalamukhi 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 Jawalamukhi 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 therein 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 Jawalamukhi for entertainment of complaints

etc.

(ix) The Nagar Panchayat shall prescribe the conditions relating to the application of

muck generation from the plot, grant of sanction muck disposal and condition relating to affixing of

board at site giving therein the detail as mentioned in clause (viii) at the time of building sanction.

5. Rate of dumping of muck.— The following rates shall be applicable for dumping of

muck in the specified places.

1. Pick up

Rs. 40/- per pickup

2. Tipper light duty

Rs. 80/- per tipper

3. Tractor trolley

Rs. 50/- per trolley

4. Tipper Heavy duty

Rs. 100/- per tipper /truck

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

be notified by the Nagar Panchayat Jawalamukhi.

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. 5/- per trip

(3) Muel

Rs. 5/- per trip

(4) Manual

Rs. 1/- per basket

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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 Jawalamukhi.

(ii) Whosoever is found dumping muck other than the places specified by the Nagar

Panchayat Jawalamukhi , 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.

Impounding of vehicle.—(i) The authorized officer or the police establishment or the

Nagar Panchayat Jawalamukhi 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 Jawalamukhi 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 Jawalamukhi 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 Jawalamukhi or Secretary in this behalf, on payment of sum Rs. 100/-such

officer under these Bye –laws.

(i) The junior engineer of Nagar Panchayat Jawalamukhi 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 2013 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 Jawalamukhi 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

Jawalamukhi in respect of the class and make of vehicle as defined in clause 5 of these Bye-laws.

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(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 Jawalamukhi 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 Jawalamukhi in respect of the class

and make of vehicle and manual, mules, carts as defined clause 5 of these byelaws.

(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 Jawalamukhi,

District Kangra, H.P.

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