Himachal Pradesh Gazette, No. 34, 14 May 2013

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित शिमला, मंगलवार, 14 मई, 2013/24 वैशाख, 1935

हिमाचल प्रदेश सरकार

NAGAR PANCHAYAT DEHRA (Name of NP) DEHRA (CONTROL AND REGULATION)

OF WORK MUCK DUMPING BYE-LAWS, 2013

NOTIFICATION

Dated, the 10th May, 2013

No. 326-NPD/2013(1).—The following Muck Dumping bye-laws, 2012 made by the NP in exercise of the power conferred by Section 216, 217 and Section 219 read with Clause (y and z) of sub section (1) of Section 202 of the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994) as amended from time to time the following muck-dumping by-laws 2013 made by the Nagar Panchayat Dehra has been considered by the Nagar Panchayat Dehra & finalized these bye-laws. 34-राजपत्र/2013-14-05-2013 (985)986 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935

Preliminary

1. Short title, commencement and application.—(i) These Bye-Laws may be called, "NP Dehra (Control and Regulation) of Muck Dumping Bye-Laws, 2013"

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

(iii) These Bye-Laws shall be applicable within the jurisdiction of NP Dehra as defined from time to time.

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

(a) "Act"-means the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994) as amended from time to time.

(b) "Applicant"-means any person applying for permission for dumping of Muck in the authorized dumping places as specified by the NP.

(c) "Authorized Officer"-means any Officer/Official duly authorized by the NP Dehra under these bye-laws.

(d) "Muck"- includes earth or stone, material of any description or any rubbish or polluted or obnoxious matter or Debris including building, construction waste.

(e) "Place"- means authorized site specified by the NP Dehra for dumping of Muck.

(f) "Judicial Magistrate First Class"-means the Judicial Magistrate having jurisdiction over the area of NP Dehra under the Act.

(g) Words and expressions used in these Bye-Laws but not defined here in shall have the meaning respectfully assigned to them under the Act.

3. Prohibition on Muck Dumping.—(i) No person, either by himself or through another, shall knowingly or otherwise throw or cause to be thrown any kind of Muck in any place other than the place specified by the NP Dehra for dumping of Muck with in their area.

(ii) Any person found dumping the Muck illegally, unauthorized and without any permission shall be liable for penalty under these Bye-laws and the vehicle or tools used for such dumping shall be impounded.

4. Procedure for Application and grant of permission.—(i) Applicant or the person concerned intended to commence the construction within the area of the MC/NP shall in writing submit detailed estimate if Muck to be generated from the plot, construction site to the NP on the prescribed Performa annexed with these Bye-laws as appendix-I at the time of submission of their building map/plan for sanction. The building plan without such estimate shall not be considered for sanction.

(ii) The estimate submitted by the applicant shall be verified by the concerned official after spot inspection and thereafter the carriage of muck to be.

(iii) The NP shall prescribe the conditions relating to the application of muck generation from the plot, grant of sanction for muck disposal and condition relating to affixing of board at site giving therein the detail as mentioned in clause (viii) at the time of grant of building sanction.

5. Rates for dumping of Muck.—The following rates shall be applicable for dumping of Muck in the specified places.

(i) Manual Rs. 10/- per load

(ii) Mule Rs. 20/- per trip

(iii) Pick up Rs. 300/- per trip

(iv) Tipper light duty Rs. 700/- per trip

(v) Tipper Heavy duty/truck Rs. 1200/- per trip

An increase of 10% on these rates shall be applicable after every financial year which shall be notified by the MC/NP.

6. Duties and responsibilities of person concerned.—(i) It shall be the duty and responsibility of owner to make available all the sanctions/permission granted by the competent authority to the person so hired or engaged by him for dumping of Muck in a specified by the NP.

(ii) Who so ever is found dumping Muck other than the place specified by the NP, the owner or the person caught dumping the Muck shall be liable jointly for penalty under these Byelaws.

(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 3 required permission at any point of time and impound the same if found violating the provisions of these Bye-laws.

(ii) The vehicle shall only be released in case the register owner of the vehicle applies for compounding of offences under these Bye-laws generated from the plot/ construction site shall be assessed for raising the bill and for according necessary permission in favour of the applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of the amount deposited by the applicant in the NP on this account.

(iv) The place for dumping of muck shall be communicated to the applicant by the NP authorities in writing and the same of the place/site for dumping of debris by the applicant shall also be mentioned in their building sanction letter. Further, intimation of the same shall also be given to the concerned official or to the concerned agency. Or the contractor hired or engaged by the NP for managing the dumping site.

(v) During transportation of the Muck, a person shall have to carry the original permission a copy of which shall be affixed on the windscreen of the vehicle and the same shall have to be shown to the authorized Officer of the NP at the time of inspection.

(vi) There shall be a restriction on movement of the vehicle carrying Muck after the sun set and before sun rise. The normal timings for dumping the Muck in the dumping site shall be between 09:00 A.M to 05:00 P.M. However, in the case of exigencies, the NP may in writing relax such restrictions.

(vii) No one shall be permitted to carry the digging and excavation of plot or land after sun set and before sun rise but the NP in the larger public interest or in the case of emergent situation may relax such imposition/restrictions on receiving written request from the applicant or the concerned agency or the authority interested in this regard.

(viii) The person after obtaining the sanction of building map from the competent authority or before raising the construction at site is required to install a painted board size of …...x …… indicating there in the number and date of the sanction, commencement of construction and hours during which construction can be carried out, time when excavation can be done, name of dumping site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of construction sanctioned on each floor and the telephone number of the Office/Control Room set up by the NP for entertainment of complaints etc.

(ix) The official impounding the vehicle shall immediately report in writing about the impounding of vehicle to the authorized officer/official and keep the same in custody at the place designated by the NP till it is not released to the registered owner. The halt charges of the vehicle at such designated place shall be levied at the rate of Rs. 1000/- per day payable by registered owner to the NP in cash or through demand draft.

8. Compounding of offences.—All the offences punishable under these Bye-laws may, before, the institution of Prosecution, be compounded by such officer as may be authorized by the NP or Executive/Secretary in this behalf, on payment of such sum as may be specified by such officer under these Bye-laws.

9. Offences to be tried summarily.—The offences which are not compounded shall be tried in a summary manner by the Judicial Magistrate First Class of the concerned municipal area under section 260 of the code of Criminal Procedure.

10. Penalty.— (i) whosoever, is guilty of dumping Muck other than the place specified/notified by the NP, the rate of penalty shall be ten times at the first instance, twenty times at the second instance and for the third instance or there after the amount of penalty shall by thirty times of the actual rate of dumping as fixed by the NP in respect of the class and make of vehicle as defined in Clause 5 of these Bye-laws.

(ii) In case of repeated violation , in addition to penalty as specified above, the owner at whose instance the construction/excavation work is carried and is found dumping the Muck illegally or without the permission of the competent authority as the case may be, shall also be liable for disconnection of water , electricity and others civic amenities and the concerned Officer/ Official may request the competent authority for withdrawal of recognition and registration if any granted in their favour including withdrawal of building sanction granted in favour of the owner concerned.

By order, Sd/- Secretary, Nagar Panchayat Dehra, Distt. Kangra (HP).

NAGAR PANCHAYAT KARSOG

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

NOTIFICATION

Dated, the 23th April, 2013

No. NP Karsog/2012.—The following Muck Dumping Bye-Laws, 2013 made by the NP Karsog inn exercise of the powers conferred by Section 216, 217 and Section 219 read with Clause (v and zb) of sub section 1 of section 202 of the Himachal Pradesh Municipal, 1994 (Act No. 13 of 1994) as amended from time to time are hereby published in Rajpatra, Himachal Pradesh (extraordinary) for the information of general public and notice is hereby given that the said draft bye-laws shall be considered by the NP after expiry of period of 15 days from the date of its publication in the Rajpatra, Himachal Pradesh.

If any person, likely to be affected by these draft bye-laws has any objection(s) against these draft rules, he may sent the written objection(s) to the Secretary within the aforesaid period.

Objections, if any, received with in the period as prescribed above, shall be taken in to consideration by the NP Karsog before finalizing these bye-laws namely:—

"Nagar Panchayat Karsog (Control and Regulation) of Muck Dumping Bye laws 2013"

Preliminary

1. Short title, commencement and application.—(i) These bye-laws may be called, "NP Karsog (Control and Regulation) of Muck Dumping Bye-Laws 2013"

(ii) These bye-laws shall come into force from the date of their publication in the Rajpatra (extraordinary) Himachal Pradesh.

(iii) These bye laws shall be applicable within the jurisdiction of NP Karsog as defined from time to time.

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

(a) "Act"- means the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994) as amended from time to time.

(b) "Applicant"- means any person applying for permission for dumping of muck in authorized dumping place as specified by the NP.

(c) "Authorized Officer"- means any officer/official duly authorized by the NP Karsog 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 Karsog for the dumping of muck.

(f) Judicial magistrate first class"- means the Judicial Magistrate having jurisdiction over the area of NP Karsog 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 Karsog for dumping of muck within their area.

(ii) Any person found dumping the muck illegally, unauthorizedly and without any permission shall be liable for penalty under bye-laws and the vehicles or tools used for such dumping shall be impounded.

4. Procedure for Application and grant of permission.—(i) Applicant or the person concerned intended to commence the construction within the area of the NP shall in writing submit detailed estimate of Muck to be generated from the plot/construction site to the NP on the prescribed Performa annexed with these bye-laws as appendix-1 at the time of submission of their building map/plan for sanction the building plan without such estimate shall not be considered for sanction. However in the case of repair of building or in the case where no planning permission is required the permission for dumping debris shall obtained from the NP authorities by moving an application mentioning there in full particulars of the applicant.

(ii) The estimate submitted by the applicant shall be verified by the concerned official after spot inspection and thereafter shall be sent to Secretary/Junior Engineer Nagar Panchayat for raising the bill and for according necessary permission in favour of applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining the receipt of the amount to be deposited by the applicant in the 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 name of place/area for dumping and name of the authority shall also be mentioned in their building sanction letter further intimation of the sanction shall also be given to Junior Engineer/Sanitary Inspector department of NP to the concerned agency or the contractor hired or engaged by the NP for managing the dumping site.

(v) During transportation of the muck a person shall have to carry the original permission a copy of which shall be affixed on the wind screen of the vehicle and the same shall have to be shown to the authorized officer of the NP at the time of inspection. However in case of manual transportation of debris the person carrying the same shall have to show the original sanction to the inspecting staff/authorized officer at the time of inspection.

(vi) There shall be a restriction on the movement of the vehicles carrying muck after the sun set and before the sun rise. The normal timing for dumping muck in the dumping site will be between 9.00 am to 5.00 pm. However in case of exigencies and in view of traffic regulations in the town in the area the NP my in writing relax such timings.

(vii) No one shall be permitted to carry the digging and excavation of plot or land after sun set and before sun rise but the NP in larger public interest or in the case of emergent circumstances may relax such imposition/restrictions on receiving written request from the applicant or the concerned agency or the authority interested in this regard .

(viii) The person after obtaining the sanction of building map from the competent authority or before raising the construction at site is required to install a painted board of size 3'x2' indicating there in the number and date of sanction, commencement of construction and hours991 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935 during which construction can be carried out time when excavation can be done, name of dumping site allotted to to the applicant for the purpose of dumping muck, nature of sanction the area of construction sanctioned on each floor and telephone number of the control room set by the NP for entertainment of complaints etc.

(ix) The engineering branch of the Nagar Panchayat shall prescribed the conditions relating to the application of muck generation from the plot, grant of sanction for muck disposal and condition relating to affixing of board at site giving therein the details mentioned in clause (viii) at the time of grant of building sanction.

5. Rates for dumping of muck.—The following rates shall be applicable for dumping of muck in the specified places:

(i) Per cement bag Rs. 10/-Per Bag

(ii) Pickup Rs. 150/- per pickup

(iii) Tipper light duty Rs. 350/- per tipper

(iv) Tipper heavy duty/truck Rs. 500/- per tipper/truck

(v) By manual Carriage Rs. 10/- per bag

(vi) By Mule Carriage Rs. 10/- per bag

An increase of 10% on the rates shall be applicable after every financial year which shall be notified by the Nagar Panchayat.

6. Duties and responsibilities of applicant/owner:—(i) It shall be the duty and responsibility of the owner to make available all the sanctions/permissions granted by the competent authority to the persons so hired or engaged by him for dumping of muck in the place specified by the Nagar Panchayat.

(ii) Whosoever is found dumping muck at a place other than the places and in contravention of the conditions specified by the NP, the owner and the person caught dumping the muck shall be liable jointly for penalty under these bye-laws.

(iii) At the time of transportation of muck the person concerned shall make available the permission to the inspecting staff at the time of inspection of vehicle without causing any hindrance.

7. Impounding of vehicle.—(i) The authorized officer of the NP either on the information received by himself or through any other source immediately on receiving such information may stop and inspect the vehicle carrying muck for the purpose of ascertaining the the required permission at any point of time and impound the same if found violating the provision of these bye -laws.

(ii) The vehicle shall only be released in case the registered owner of the vehicle applies for compounding of offence(s) under these Bye-Laws.

(iii) The official impounding the vehicle shall immediately report to this effect in writing to the Secretary of the NP and keep the same in custody at place designated by the NP till it is not992 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935 released to the registered owner the half charges of this vehicle at such designated place shall be levied @ Rs. 500/- per day payable by registered owner to the NP in cash or through demand draft.

8. Compounding of offences.—All the offences published under these Bye- Laws may before the institution of prosecution be compounded by such officer as may be authorized by the NP or its executive officer in this behalf, on payment of such sum as may be specified by such officer under such Bye- Laws.

9. Offences to be tried summarily.—The offences which are not compounded shall be tried in a summary manner by the special Judicial Magistrate under section 383 of the Himachal Pradesh Municipal Act, 1994 read with section 260 of the code of criminal procedure, 1973.

10. Penalty.—(i) Whosoever, is guilty of dumping muck at a place other than the place(s) specified/notified by the Nagar Panchayat the rate of penalty shall be ten times at the first instance, twenty times at the second instance and for the third instance or thereafter the amount of penalty shall be thirty times of the actual rate of dumping as fixed by the Nagar Panchayat as per clause 5 of these Bye –Laws.

(ii) In case of repeated violation in addition to penalty as specified above, the owner at whose instance the construction/excavation work is carried out and is found dumping the muck illegally or without the permission of the competent authority, as the case may be shall also be liable for disconnection of water, electricity and other civic amenities and the Secretary may request the competent authority for withdrawal of recognition and registration if any granted in his/her favour including withdrawal of building sanction granted in favour of the owner concerned.

By order, Sd/- Secretary, Nagar Panchayat Karsog.

_________

APPENDIX-1

[See Bye-laws 4(i)]

Performa for estimation of muck generation

1. Name of the applicant of the Plot/land/project 2. Area and Khasra No. of the Plot/land/project 3. Location of the Plot/land/project 4. Whether owner or builder or otherwise please specify. 5. Estimated quantity of muck to be generated (quantity must be specified in cubic meters) along with estimate duly signed by the authorized person

Signature (Name and address of the applicant) Date: Place:

MUNICIPAL COUNCIL UNA, DISTT. UNA HIMACHAL PRADESH

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

NOTIFICATION

Dated, the 08th May, 2013

No. MCU/MUCK DUMPING/2013/823.—The following Muck dumping bye-laws-2013 made by the Municipal Council Una in exercise of the power conferred by Section 216,217 and Section 219 read with Clause (y and zb) of sub section (I) of Section 202 of the Himachal Pradesh (Municipal Act.1994 (Act No.13 of 1994) as amended from time to time has been finalized by Municipal Council Una in its meeting held on 29.4.2013 vide resolution No. 219 after consideration of objection and suggestion invited from the General Public and are to be published in the Rajpatra, Himachal Pradesh (extraordinary) for the information of General Public.

Municipal Council Una (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 Una (Control and Regulation) of Muck Dumping Bye-Laws 2013.

2. (ii) These By-Laws shall come into force from the date of their publication in the Rajptra (Extraordinary) Himachal Pradesh.

(iii) These bye-Laws shall be applicable within the jurisdiction Municipal Council Una as defined from time to time.

3. 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 Una.

(c) "Authorized Officer"- means any Officer/official duly authorized by the Municipal Council Una- under these Bye-Laws.

(d) "Muck"- includes earth or stone, material of any description or any rubbish or polluted or obnoxious matter or Debris including building, construction waste.

(e) "Place" - means authorized site specified by the Municipal Council Una for dumping of Muck.

(f) "Judicial Magistrate First Class"- means the Judicial Magistrate having Jurisdiction over the area of Municipal Council Una 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.

4. Prohibition on Muck Dumping.—(i) no person, either by himself or through any other, shall knowingly or otherwise throw or suppose to be thrown any kind of Muck in any place other than the place specified by the Municipal Council Una 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.

5. 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 Una shall in writing submit detailed estimate of Muck to be generated from the plot / construction site to the Municipal Council Una on the prescribed Performa annexed with these Bye-laws as appendix-I at the time of Submission of their building map / plan 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 shell be assessed for raising the bill and for according necessary permission in favour of the applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of the amount deposited by the applicant in the Municipal Council Una on the account.

(iv) The place for dumping of muck shall be communicated to the applicant by the Municipal Council Una in writing and the name of the place/site for dumping of debris by the applicant shall also be mentioned in their building sanction letter.

Further intimation of the same shall also be given to the concerned official or to the concerned agency or the contractor hired or engaged by the Municipal Council Una for managing the dumping site.

(v) During transportation of the muck, a person shall have to carry the original permission a copy of which shall be affixed on the windscreen of the vehicle and the same shall have to be shown to the Authorized Officer of the Municipal Council Una at the time of inspection.

(vi) There shall be a restriction on movement of the vehicle carrying muck after the sun set and before sun rise. The normal timings for dumping the Muck in the dumping site shall be between 9.00 am to 5.00 pm. However, in the case of exigencies, the Municipal Council 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/restriction on receiving written request from the applicant or the concerned agency or the authority interested in this regard.

(viii) The person after obtaining the sanction of building map from the competent authority or before raising the construction at site is required to install a painted board of the size of 3 feet x 2 feet 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 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 shall prescribe the conditions relating to the application of Muck generation from the plot, grant of sanction for the Muck disposal and condition relating to affixing of board at site giving there in the detail as mentioned in clause (viii) at the time of grant of building sanction.

6. Rates for dumping of Muck.—The following rates shall be applicable for dumping of Muck in the specified places.

(i) Wheel Barrow /Hand Cart Rs. 5/- per trip.

(ii) Horse cart Rs. 20/- per trip.

(iii) Manual Rs. 1/- per basket

(iv) Mule Rs.5/- per trip

(v) Pickup Rs. 200/- per pickup

(vi) Tipper light duty Rs. 500/- per tipper.

(vii) Tipper heavy duty/Truck Rs.1000/- per tipper/truck.

An increase of 10% on these rates shall be applicable after every financial year which shall be notified by the Municipal Council.

7. Duties and responsibilities of person concerned.—(i) It shall be the duty and responsibility of the owner to make available all the sanction/permission granted by the competent authority to the person so hired or engaged by him for dumping of Muck in specified places as specified by the Municipal Council.

(ii) Whosoever is found dumping Muck other than the place specified by the Municipal Council the owner or the person caught dumping the Muck shall be liable jointly for the 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.

8. Impounding of vehicle.—(i) The authorized officer or the police establishment of the Municipal Council 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 the compounding of offences under these Bye-Laws.

(iii) The official impounding the vehicle shall immediately report in writing about the impounding of vehicle to the authorized officer/official and keep the same in custody at the place designated by the Municipal Council 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 Municipal Council in cash or through demand draft.

9. Compounding of offences.—All the offences punishable under these Bye-Laws may, by 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.

10. Offences to be tried summarily.—The offence which is not compounded shall be tried 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.

11. Penalty.—(i) Whosever, is 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 3 or thereafter the amount of penalty shall be thirty times of the actual rate of dumping as fixed by the Municipal Council in respect of the class and make of vehicle as defined clause 5 of these Bye-Laws.

(ii) In case of repeated violation, in addition to penalty as specified above, the owner at whose instance the construction/excavation work is carried and is found dumping the muck illegally or without the permission of the competent authority as the case may be shall also be liable for disconnection of water, electricity and others civic amenities and the concerned officer/official may request the competent authority for withdrawal of recognition and registration if any granted in their favour including withdrawal of building sanction granted in favour of the owner concerned.

By order, Sd/- Executive Officer, Municipal Council, Una.

_________

MUNICIPAL COUNCIL KANGRA

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

NOTIFICATION

Dated, the 10th May, 2013

No. MCK/2013-616(1) In exercise of the powers conferred by section 216, 217 & 219 read with Clause Y & Z of Section 202 of the H.P Municipal Act, 1994 (Act. No. 13 of 1994) as amended from time to time the following muck dumping by-laws 2013 made by the Municipal Council Kangra has been considered by the Municipal Council Kangra & finalized these bye-laws namely:—

MUNICIPAL COUNCIL KANGRA (CONTROL AND REGULATION OF MUCK

DUMPING) BYE-LAWS, 2013.

Preliminary

1. Short title, commencement and application.—(i) These Bye-laws may be called, "Municipal Council Kangra (Control and Regulation of Muck Dumping) Bye-laws, 2013." (ii) These Bye-laws shall come into force from the date of their publication in the Rajpatra (extraordinary) Himachal Pradesh.

(iii) These Bye-laws shall be applicable within the jurisdiction of Municipal Council Kangra as defined from time to time.

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

(a) "Act"- means the Himachal Pradesh Municipality Act, 1994 (Act No. 12 of 1994) as amended form time to time.

(b) "Applicant"- means any person applying for permission for dumping of muck in the authorized dumping places as specified by the Council.

(c) "Authorized Officer"- means any Officer/official duly authorized by the Municipal Council or its Executive Officer under these Bye-laws.

(d) "Muck"- includes earth or stone, material of any description or any rubbish or polluted or obnoxious matter or debris including building, construction waste.

(e) "Place"- means authorized site specified by the Municipal Council for dumping of muck.

(f) "Special Judicial Magistrate First Class"- means the judicial Magistrate having jurisdiction over the area of Municipal Council Kangra the Act.

(g) words and expressions used in these Bye-laws but not defined herein shall have the meaning respectfully assigned to them under the Act.

3. Prohibition on muck dumping.—(i) No person, either by himself or through any other, shall knowingly or otherwise, throw or cause to be thrown any kind of muck in any place other than the place specified by the municipality for dumping or muck within the area of the Municipal Council.

(ii) Any person found dumping muck illegally, unauthorizedly and without any permission shall be liable for penalty under these Bye-laws and the vehicle or tools used for such dumping shall be impounded.

4. Procedure for application and grant of permission.—(i) Applicant or the person concerned, intending to commence construction within the area of the Municipal Council shall in writing submit detailed estimate of muck to be generated from the plot/construction site to the municipality on the prescribed proforma annexed with these bye-laws as Appendix-I at the time of submission of his/her building or in the case where no planning permission is required, the permission for dumping debris shall be obtained from the municipality authorities by moving an application mentioning therein full particulars of the applicant, location for the building and the estimate/quantity of muck to be generated.

(ii) The estimate submitted by the applicant shall be verified by the AE/JE of the Municipal Council after spot inspection and thereafter shall be sent to the Executive Officer, Municipal Council for raising the bill and for according necessary permission in favour of the applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of the amount to be deposited by the applicant in the Municipal Council on this account.

(iv) The place for dumping of muck shall be communicated to the applicant be the Municipal Council authorities in writing and the name of the place/site for dumping of debris by the applicant shall also be mentioned in their building sanction letter. Further, intimation of the same shall also be given to the AE/JE of the Municipal Council or to the concerned agency or the contractor hired or engaged by the Municipal Council for managing the dumping site.

(v) During transportation of the muck, a person shall have to carry the original permission a copy of which shall have to carry the original permission a copy of which shall be affixed on the windscreen of the vehicle and the same shall have to be shown to the authorized officer of Municipal Council at the time of inspection. However, in case of manual transportation of debris the person carrying the same shall have to show the original sanction to the inspecting staff/authorized officer at the time of inspection.

(vi) There shall be a restriction on movement of the vehicles carrying muck after the sun set and before the sun rise. The normal timings for dumping muck in the dumping site will be between 9.00 am to 5.00 pm. However, in case of exigencies and in view of traffic regulations in the Municipal Council area the M.C or E.O may in writing relax such timings.

(vii) No one shall be permitted to carry the digging and excavation of plot or land after sun set and before sun rise nut Municipality, in the larger public interest or in the case of emergent circumstances may relax such imposition/restriction, on receiving written request from the applicant or the concerned agency or the authority interested in this regard.

(viii) The person, after obtaining the sanction of building map from the competent authority or before raising the construction at site, is required to install a painted board of the size 3'x2' indicating 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 EO/Engineering Branch.

(ix) The Architect Planner Branch of the MC/EO shall prescribe the conditions relating to the application of muck generation from the plot, grant of sanction for muck disposal and condition relating to affixing of board at site giving therein the detail as mentioned at the time of grant of building sanction.

5. Rates for dumping of muck.—The following rates shall be applicable for dumping of muck in the specified places.

(i) Per cement bag ` 10/- per bag

(ii) Pickup

` 200/- per Pickup

(iii) Tipper light duty/LMV Tipper ` 500/- per Tipper

(iv) Tipper Heavy duty/Truck ` 800/- per Tipper/Truck

(v) By Mule

` 20/- per trip

(vi) By Manual ` 10/- per bag

An increase of 10% on these rates shall be applicable after every financial year which shall be notified by the Municipal Council.

6. Duties and responsibilities of the applicant/owner.—(i) It shall be the duty and responsibility of the owner to make available all the sanction/permission granted by the competent authority to the person so hired or engaged by him for dumping of muck in the place specified by the Municipality.

(ii) Whosoever is found dumping muck at a place other than the places and in contravention of conditions specified by the Municipal Council, the owner and the person caught dumping the muck shall be liable jointly for penalty under these Bye-laws.

(iii) At the time of transportation of muck, the person concerned shall make available the permission to the inspecting staff at the time of inspection of vehicle without causing any hindrance.

7. Impounding of vehicle.—(i) The authorized officer or the police either on the information received by himself or through any other source immediately on receiving such information, may stop and inspect the vehicle carrying muck for the purpose of ascertaining the required permission at any point of time and impound the same if found violating the provisions of these Bye-laws.

(ii) The vehicle shall only be released in case the registered owner of the vehicle applies for compounding of offence(s) under these Bye-laws.

(iii) The official impounding the vehicle shall immediately report to this effect in writing either to the EO/AE of the Municipality and keep the same in custody at the place designated by the Municipal Council till it not released to the registered owner. The halt charges of vehicle at such designated place shall be levied at the rate of ` 1000/- per day payable by registered owner to the municipality in cash or through demand draft.

8. Compounding of offences.—All the offences punishable under these Bye-laws may, before, the institution of prosecution, be compounded by such officer as may be authorized by the Corporation or its municipal Council in this behalf, on payment of such sum as may be specified by E.O municipality under the Bye-laws.

9. Offences to be tried summarily.—The offences which are not compounded shall be tried in a summary manner by the Judicial Magistrate First Class of the area having jurisdiction.

10. Penalty.—(i) Whosoever, is guilty of dumping muck at a place other than the place(s) specified/notified by the Municipal Council, the rate of penalty shall be thirty times of the actual rate of dumping as fixed by the Municipality as per Clause 5 of these Bye-laws.

(ii) in case of repeated violation, in addition to penalty as specified above, the owner at whose instance the construction/excavation work is carried out and is found dumping the muck illegally or without the permission of the competent authority, as the case may be, shall also be liable for disconnection of water, electricity and others civic amenities and the E.O may request the competent authority for withdrawal of recognition and registration if any granted in his/her favour including withdrawal of building sanction granted in favour of the owner concerned.

By order, Sd/- Executive Officer, Municipal Council, Kangra (H.P).

Appendix-I

(See Bye-law 4(i))

Performa for estimation Muck generation

1. Name of the applicant of the Plot/land/project 2. Area and Kh. No. of the Plot/ land/project 3. Location of the plot/land/project including Municipal Ward. 4. Whether owner or building or otherwise please specify. 5. Estimate quantity of muck to be generated (quantity must be specified in cubic meters) along with estimate duly signed by the authorized person.

Signature,

(Name and address of applicant) Date:

Place:

_________

पर्यटन एवं नागरिक उड्‌डयन विभाग

अधिसूचना

शिमला-2, 6 मई, 2013

संख्या पर्यटन-ए(3)-3/2012.—हिमाचल प्रदेश की राज्यपाल, भारत के संविधान के अनुच्छेद 309 के परन्तुक द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, हिमाचल प्रदेश लोक सेवा आयोग के परामर्श से, हिमाचल प्रदेश पर्यटन एवं नागरिक उड्‌डयन विभाग में अतिरिक्त निदेशक (पर्यटन एवं नागरिक उड्‌डयन), वर्ग-I (राजपत्रित) के पद के लिए इस अधिसूचना से संलग्न उपाबन्ध-'क' के अनुसार भर्ती और प्रोन्नति नियम बनाती हैं, अर्थात्‌ः--

1. संक्षिप्त नाम और प्रारम्भ.—(1) इन नियमों का संक्षिप्त नाम हिमाचल प्रदेश, पर्यटन एवं नागरिक उड्‌डयन विभाग, अतिरिक्त निदेशक (पर्यटन एवं नागरिक उड्‌डयन), वर्ग-I (राजपत्रित) भर्ती और प्रोन्नति नियम, 2013 है ।

(2) ये नियम राजपत्र, हिमाचल प्रदेश में प्रकाशित किए जाने की तारीख से प्रवृा होंगे ।

आदेश द्वारा, हस्ताक्षरित/- प्रधान सचिव, (पर्यटन एवं नागरिक उड्‌डयन)।1001 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935 उपाबन्ध-'क' हिमाचल प्रदेश पर्यटन एवं नागरिक उड्‌डयन विभाग में अतिरिक्त निदेशक (पर्यटन एवं नागरिक उड्‌डयन), वर्ग-I (राजपत्रित) पद के लिए भर्ती एवं प्रोन्नति नियम।

1. पद का नाम.—अतिरिक्त निदेशक (पर्यटन एवं नागरिक उड्‌डयन)

2. पदों की संख्या.—01 (एक) ।

3. वर्गीकरण.—वर्ग-I (राजपत्रित) ।

4. वेतनमान.—` 15600-39100 जमा ` 7600 ग्रेड पे।

5. चयन पद अथवा अचयन पद.—चयन।

6. सीधी भर्ती के लिए आय.—लागू नहीं।

7. सीधे भर्ती किए जाने वाले व्यक्तियों के लिए अपेक्षित न्यूनतम शैक्षिक और अन्य अर्हताए.—

लागू नहीं।

8. सीधे भर्ती किए जाने वाले व्यक्तियों के लिए विहित आयु और शैक्षिक अर्हताएं, प्रोन्नत व्यक्तियों की दशा में लागू होगीं या नहीं.—आयु : लागू नहीं।

शैक्षिक अर्हता : लागू नहीं।

9. परिवीक्षा की अवधि, यदि कोई हो.—दो वर्ष, जिसका एक वर्ष से अनधिक ऐसी और अवधि के लिए विस्तार किया जा सकेगा, जैसा सक्षम प्राधिकारी, विशेष परिस्थितियों में और लिखित कारणों से आदेश दे।

10. भर्ती की पद्धति.—भर्ती सीधी होगी या प्रोन्नति, प्रतिनियुक्ति, स्थानान्तरण द्वारा और विभिन्न पद्धतियों द्वारा भरे जाने वाले पदों की प्रतिशतता ः शतप्रतिशत प्रोनन्ति द्वारा, ऐसा न होने पर सैकेण्डमैंट आधार पर।

11. प्रोन्नति, प्रतिनियुक्ति, स्थानान्तरण की दशा में श्रेणियां (ग्रेड) जिनसे प्रोन्नति, प्रतिनियुक्ति, स्थानान्तरण किया जाएगा.—1. प्रारम्भ में स्ांयुक्त निदेशक में से प्रोन्नति द्वारा, जिनका तीन वर्ष का नियमित सेवाकाल या ग्रेड में की गई लगातार तदर्थ सेवा, यदि कोई हो, को सम्मिलित करके तीन वर्ष का नियमित सेवाकाल हो, तत्पश्चात्‌ इस उपबन्ध का प्रचालन बन्द हो जायेगा।

2. उप निदेशकों में से प्रोन्नति द्वारा, जिनका तीन वर्ष का नियमित सेवाकाल या गे्रड में की गई लगातार तदर्थ सेवा, यदि कोई हो, को सम्मिलित करके तीन वर्ष का नियमित सेवाकाल हो, ऐसा न होने पर उप-निदेशकों में से प्रोन्नति द्वारा जिनका उप-निदेशक और जिला पर्यटन विकास अधिकारी के रूप में संयुक्ततः आठ वर्ष का नियमित सेवाकाल या की गई लगातार तदर्थ सेवा, यदि कोई हो, को सम्मिलित करके आठ वर्ष का नियमित सेवाकाल हो जिसमें उप निदेशक के रूप में की गई दो वर्ष की सेवा अनिवार्य होगी, दोनों के न होने पर हिमाचल प्रदेश के अन्य सरकारी विभागों में समतुल्य वेतनमान में कार्यरत सदृश पदों के पदधारियों में से सैकण्डमैंट आधार पर।

(1) प्रोन्नति के सभी मामलों में पद पर नियमित नियुक्ति से पूर्व सम्भरक (पोषक) पद में की गई लगातार तदर्थ सेवा, यदि कोई हो, प्रोन्नति के लिए इन नियमों में यथाविहित सेवाकाल के लिए, इस शर्त के अधीन रहते हुए गणना में ली जाएगी, कि सम्भरक प्रवर्ग में तदर्थ नियुक्ति/प्रोन्नति, भर्ती एवं प्रोन्नति नियमों के उपबन्धों के अनुसार चयन की उचित स्वीकार्य प्रक्रिया को अपनाने के पश्चात्‌ की गई थी :

1002 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935 परन्तु उन सभी मामलों में, जिनमें कोई कनिष्ठ व्यक्ति सम्भरक पद में अपने कुल सेवाकाल (तदर्थ आधार पर की गई तदर्थ सेवा सहित जो नियमित सेवा/नियुक्ति के अनुसरण में हो) के आधार पर उपर्युक्त निर्दिष्ट उपबन्धों के कारण विचार किए जाने का पात्र हो जाता है, वहां अपने-अपने प्रवर्ग/पद/काडर में उससे वरिष्ठ सभी व्यक्ति विचार किए जाने के पात्र समझे जाएंगे और विचार करते समय कनिष्ठ व्यक्ति से ऊपर रखे जाएंगेः

परन्तु यह और कि उन सभी पदधारियों की जिन पर प्रोन्नति के लिए विचार किया जाना है, कम से कम तीन वर्ष की न्यूनतम अर्हता सेवा या पद के भर्ती एवं प्रोन्नति नियमों में विहित सेवा, जो भी कम हो, होगीः

परन्तु यह और भी कि जहां कोई व्यक्ति पूर्वगामी परन्तुक की अपेक्षाओं के कारण प्रोन्नति किए जाने सम्बन्धी विचार के लिए अपात्र हो जाता है, वहां उससे कनिष्ठ व्यक्ति भी ऐसी प्रोन्नति के विचार के लिए अपात्र समझा जाएगा/समझे जाएंगे।

स्पष्टीकरणः--अन्तिम परन्तुक के अन्तर्गत कनिष्ठ पदधारी प्रोन्नति के लिए अपात्र नहीं समझा जाएगा, यदि वरिष्ठ अपात्र व्यक्ति भूतपूर्व सैनिक है, जिसे डिमोबीलाइज्ड आमर्ड फोर्सिज परसोनल (रिजर्वेशन ऑफ वैकेन्सीज इन हिमाचल स्टेट नॉन टैक्नीकल सर्विसीज) रूल्ज, 1972 के नियम 3 के उपबन्धों के अन्तर्गत भर्ती किया गया हो तथा इनके अन्तर्गत वरीयता लाभ दिए गए हों या जिसे एक्स सर्विसमैन (रिजर्वेशन ऑफ वैकेन्सीज इन दी हिमाचल प्रदेश टैक्नीकल सर्विसीज) रूल्ज, 1985 के नियम 3 के उपबन्धों के अन्तर्गत भर्ती किया गया हो तथा इनके अन्तर्गत वरीयता लाभ दिए गए हों ।

(2) इसी प्रकार स्थायीकरण के सभी मामलों में ऐसे पद पर नियमित नियुक्ति/प्रोन्नति से पूर्व की सम्भरक पद पर की गई निरन्तर तदर्थ सेवा, यदि कोई हो, सेवाकाल के लिए गणना में ली जाएगी, यदि तदर्थ नियुक्ति/प्रोन्नति, उचित चयन के पश्चात्‌ और भर्ती एवं प्रोन्नति नियमों के उपबन्धों के अनुसार की गई थी :

परन्तु की गई उपर्युक्त निदिष्ट तदर्थ सेवा को गणना में लेने के पश्चात्‌ जो स्थायीकरण होगा, उसके फलस्वरूप पारस्परिक वरीयता अपरिवर्तित रहेगी।

12. यदि विभागीय प्रोन्नति समिति विद्यमान हो तो उसकी संरचना.—जैसी सरकार द्वारा समय-समय पर गठित की जाए।

13. भर्ती करने में किन परिस्थितियाें मेंं हिमाचल प्रदेश लोक सेवा आयोग से परामर्श किया जाएगा.- जैसा विधि द्वारा अपेक्षित हो।

14. सीधी भर्तीं के लिए अनिवार्य अपेक्षा.—लागू नहीं।

15. सीधी भर्ती द्वारा पद पर नियुक्ति के लिए चयन.—लागू नहीं।

16. आरक्षण.—सेवा में नियुक्ति, हिमाचल प्रदेश सरकार द्वारा, समय-समय पर अनुसूचित जातियों/ अनुसूचित जनजातियों/अन्य पिछडे़ वर्गों और अन्य प्रवर्ग के व्यक्तियों के लिए सेवा में आरक्षण की बाबत जारी किए गए आदेशों के अधीन होगी।

17. विभागीय परीक्षा.—सेवा में प्रत्येक सदस्य को समय-समय पर यथा संशोधित हिमाचल प्रदेश विभागीय परीक्षा नियम, 1997 में यथा विहित विभागीय परीक्षा पास करनी होगी।

18. शिथिल करने की शक्ति.—जहां राज्य सरकार की यह राय हो कि ऐसा करना आवश्यक या समीचीन है, वहां वह कारणों को लिखित में अभिलिखित करके और हिमाचल प्रदेश लोक सेवा आयोग के परामर्श से आदेश द्वारा, इन नियमों के किन्हीं उपबन्धों को किसी वर्ग या व्यक्तियों के प्रवर्ग या पदों की बाबत, शिथिल कर सकेगी।1003 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935

[Authoritative English Text of this department notification No. TSM-A(3)-3/2012, dated

6-05-2013 as required under clause (3) of Article 348 of the constitution of India.]

TOURISM AND CIVIL AVIATION DEPARTMENT

NOTIFICATION

Shimla-171002, the 6th May, 2013

No. TSM-A(3)-3/2012.—In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, is pleased to make the Recruitment and Promotion Rules for the post of Additional Director (Tourism & Civil Aviation) Class-I (Gazetted) in the Department of Tourism & Civil Aviation, Himachal Pradesh as per Annexure-'A' attached to this notification, namely:—

1. Short title and Commencement.—(1) These Rules may be called the Himachal Pradesh, Tourism & Civil Aviation Department, Additional Director (Tourism & Civil Aviation) Class-I (Gazetted) Recruitment and Promotion Rules, 2013.

(2) These Rules shall come into force from the date of publication in the Rajpatra, Himachal Pradesh.

By order, Sd/- Pr. Secretary (Tourism & CA).

__________

ANNEXURE-'A'

RECRUITMENT AND PROMOTION RULES FOR THE POST OF ADDITIONAL

DIRECTOR TOURISM & CIVIL AVIATION, CLASS-I (GAZETTED) IN THE

DEPARTMENT OF TOURISM AND CIVIL AVIATION, HIMACHAL PRADESH

1. Name of Post.—Additional Director (Tourism & Civil Aviation)

2. Number of post.—01 (One)

3. Classification.—CLASS-I (Gazetted)

4. Scale of Pay.—` 15600-39100 + ` 7600 Grade Pay.

5. Whether Selection post or Non- Selection post.—Selection

6. Age for direct recruitment.—Not applicable.

7. Minimum educational qualification and other qualifications required for direct

recruits.—Not applicable.

8. Whether age and educational qualifications prescribed for direct recruits will

apply in the case of the promotees.—Age : Not applicable.

Educational qualification : 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 of recruitment whether by direct recruitment or by promotion, deputation, transfer, and the percentage of posts to be filled in by various methods.—100% by promotion, failing which on secondment basis.

11. In case of recruitment by promotion, deputation, transfer, grade from which promotion/transfer is to be made.—1. By promotion from amongst the Joint Director having three years regular service or regular combined with continuous ad hoc service, rendered if any, in the grade, initially, thereafter this provision ceased to be operative.

2. By promotion from amongst the Deputy Directors having three years' regular service or regular combined with continuous ad hoc service rendered, if any in the grade, failing which by promotion from amongst the Deputy Director with eight years regular service or regular combined with continuous ad hoc service rendered, if any, as Deputy Director and District Tourism Development Officer combined, which shall include two years essential service as Deputy Director failing both on secondment basis from amongst the incumbents of analogous posts working in the identical pay scale from the other Governments Departments in Himachal Pradesh.

(1) In all cases of promotion, the continuous ad hoc service rendered in the feeder post, if any, prior to the regular appointment to the post shall be taken into account towards the length of service as prescribed in these rules for promotion subject to the condition that the ad hoc appointment/promotion in the feeder category had been made after following proper acceptable process of selection in accordance with the provisions of Recruitment and Promotions Rules;

Provided in all cases where a junior person becomes eligible for consideration by virtue of his total length of service (including the service rendered on ad hoc basis followed by regular service/ appointment) in the feeder post in view of the provision referred to above, all person senior to him in the respective category/post/cadre shall be deemed to be eligible for consideration and placed above the junior person in the field of consideration.

Provided further that all incumbents to be considered for promotion shall possess the minimum qualifying service of at least 03 years or that prescribed in the Recruitment and Promotion Rules for the Post whichever is less.

Provided further that where a person becomes ineligible to be considered for promotion on account of the requirements of the preceding proviso, the person(s) junior to him/her shall also be deemed to be ineligible for consideration for such promotion.

EXPLANATION : The last proviso shall not render the junior incumbents ineligible for consideration for promotion if the senior ineligible persons happened to be Ex-servicemen recruited under the provisions happened to be Ex-servicemen recruited under the provisions of Rule-3 of the Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non- Technical Services)Rules, 1972 and having been given the benefit of seniority there under or recruited under the provisions of Rule-3 of the Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Technical services) Rules, 1985 and having been given the benefit of seniority there under.

(2) Similarly, in all cases of confirmation continuous ad hoc service rendered on the feeder post, if any, prior to the regular appointment against such post shall be taken into account towards the length of service, if the ad hoc appointment/promotion had been made after proper selection and in accordance with the provision of the Recruitment and Promotion Rules;

Provided that inter-se-seniority as a result of confirmation after taking into account, ad hoc service as referred to above shall remain unchanged.

12. If a Departmental Promotion Committee exists, what is its composition?.—As may be constituted by the Government from time to time.

13. Circumstances under which the H.P. Public Service Commission to be consulted

in making recruitment.—As required under the Law.

14. Essential requirements for a direct recruitment.—Not applicable.

15. Selection for appointment to post by direct recruitment.—Not applicable.

16. Reservation.—The appointment to the service shall be subject to orders regarding reservation in the service for Scheduled Castes/Scheduled Tribes/Other Backward Classes/Other categories of persons issued by the Himachal Pradesh Government from time to time.

17. Departmental Examination.—Every member of the service shall pass a Departmental Examination as prescribed in the Departmental Examination Rules, 1997 as amended from time to time.

18. Power to relax.—Where the State Government is of the opinion that it is necessary or expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with the H.P. Public Service Commission, relax any of the provisions of these Rules with respect to any class or category of persons or posts.

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हिमाचल प्रदेश विधान सभा सचिवालय

कार्यालय आदेश

शिमला-4, 14 मई, 2013

संख्याः वि0स0/स्था./वि0 परीक्षा/6/41/2000-III.—दिनांक 24 मई, 2013 को राष्ट्रपति महोदय की इस सचिवालय में प्रस्तावित यात्रा के मध्यनजर चूंकि इस सचिवालय द्वारा समससंख्यक अधिसूचना दिनांक 25 अप्रैल, 2013 द्वारा अधिसूचित विभागीय परीक्षा निर्धारित तिथियों को आयोजित कर पाना संम्भव नहीं हो सकेगा जिसके दृष्टिगत इस परीक्षा को फिलहाल स्थगित किया जाता है तथापित इस परीक्षा की नई तिथियां बाद में अधिसूचित की जाएंगी।

आदेश द्वारा, हस्ताक्षरित/- सचिव, हिमाचल प्रदेश विधान सभा।1006 राजपत्र, हिमाचल प्रदेश, 14 मई, 2013/24 वैशाख 1935 नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित