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fgekpy izns'k ljdkj

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&jkti=@2013&14&05&2013 ¼985½

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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.

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(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.

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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 Dehra, Distt. Kangra (HP).

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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.

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(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 hours

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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 not

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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:

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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.

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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.

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(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.

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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.

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(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.

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(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.

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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).

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jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935

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:

_________

Ik;ZVu ,oa ukxfjd mM~M;u foHkkx

vf/klwpuk

f'keyk&2] 6 ebZ] 2013

la[;k i;ZVu&,¼3½&3@2012-—fgekpy izns'k dh jkT;iky] Hkkjr ds lafo/kku ds vuqPNsn 309 ds

ijUrqd }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns'k yksd lsok vk;ksx ds ijke'kZ ls] fgekpy

izns'k Ik;ZVu ,oa ukxfjd mM~M;u foHkkx esa vfrfjDr funs'kd ¼Ik;ZVu ,oa ukxfjd mM~M;u½] oxZ&I

¼jktif=r½ ds in ds fy, bl vf/klwpuk ls layXu mikcU/k&^d* ds vuqlkj HkrhZ vkSj izksUufr fu;e

cukrh gSa] vFkkZr~%&&

1- laf{kIr uke vkSj izkjEHk-—¼1½ bu fu;eksa dk laf{kIr uke fgekpy izns'k] Ik;ZVu ,oa ukxfjd

mM~M;u foHkkx] vfrfjDr funs'kd ¼Ik;ZVu ,oa ukxfjd mM~M;u½] oxZ&I ¼jktif=r½ HkrhZ vkSj izksUufr

fu;e] 2013 gS A

¼2½ ;s fu;e jkti=] fgekpy izns'k esa izdkf'kr fd, tkus dh rkjh[k ls izo`Ÿk gksaxs A

vkns'k }kjk]

gLrk{kfjr@&

iz/kku lfpo]

¼Ik;ZVu ,oa ukxfjd mM~M;u½A

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mikcU/k&‘d’

fgekpy izns'k Ik;ZVu ,oa ukxfjd mM~M;u foHkkx esa vfrfjDr funs'kd ¼Ik;ZVu ,oa ukxfjd mM~M;u½]

oxZ&I ¼jktif=r½ in ds fy, HkrhZ ,oa izksUufr fu;eA

1- in dk uke-—vfrfjDr funs'kd ¼Ik;ZVu ,oa ukxfjd mM~M;u½

2- inksa dh la[;k-—01 ¼,d½ A

3- oxhZdj.k-—oxZ&I ¼jktif=r½ A

4- osrueku-—` 15600&39100 tek ` 7600 xzsM isA

5- p;u in vFkok vp;u in-—p;uA

6- lh/kh HkrhZ ds fy, vk;-—Ykkxw ughaA

7- lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, visf{kr U;wure 'kSf{kd vkSj vU; vgZrk,-—

Ykkxw ughaA

8- lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj 'kSf{kd vgZrk,a] izksUur O;fDr;ksa

dh n'kk esa ykxw gksxha ;k ugha-—vk;q % ykxw ughaA

'kSf{kd vgZrk % ykxw ughaA

9- ifjoh{kk dh vof/k] ;fn dksbZ gks-—nks o"kZ] ftldk ,d o"kZ ls vuf/kd ,slh vkSj vof/k ds

fy, foLrkj fd;k tk ldsxk] tSlk l{ke izkf/kdkjh] fo'ks"k ifjfLFkfr;ksa esa vkSj fyf[kr dkj.kksa ls vkns'k

nsA

10- HkrhZ dh i)fr-—HkrhZ lh/kh gksxh ;k izksUufr] izfrfu;qfDr] LFkkukUrj.k }kjk vkSj fofHkUu

i)fr;ksa }kjk Hkjs tkus okys inksa dh izfr'krrk % 'krizfr'kr izksufUr }kjk] ,slk u gksus ij lSds.MeSaV

vk/kkj ijA

11- izksUufr] izfrfu;qfDr] LFkkukUrj.k dh n'kk esa Jsf.k;ka ¼xzsM½ ftuls izksUufr] izfrfu;qfDr]

LFkkukUrj.k fd;k tk,xk-—1- izkjEHk esa Lak;qDr funs'kd esa ls izksUufr }kjk] ftudk rhu o"kZ dk fu;fer

lsokdky ;k xzsM esa dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] dks lfEefyr djds rhu o"kZ dk fu;fer

lsokdky gks] rRi'pkr~ bl micU/k dk izpkyu cUn gks tk;sxkA

2- mi funs'kdksa esa ls izksUufr }kjk] ftudk rhu o"kZ dk fu;fer lsokdky ;k xszM esa dh xbZ

yxkrkj rnFkZ lsok] ;fn dksbZ gks] dks lfEefyr djds rhu o"kZ dk fu;fer lsokdky gks] ,slk u gksus ij

mi&funs'kdksa esa ls izksUufr }kjk ftudk mi&funs'kd vkSj ftyk i;ZVu fodkl vf/kdkjh ds :Ik esa

la;qDrr% vkB o"kZ dk fu;fer lsokdky ;k dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] dks lfEefyr djds

vkB o"kZ dk fu;fer lsokdky gks ftlesa mi funs'kd ds :Ik esa dh xbZ nks o"kZ dh lsok vfuok;Z gksxh]

nksuksa ds u gksus ij fgekpy izns'k ds vU; ljdkjh foHkkxksa esa lerqY; osrueku esa dk;Zjr ln`'k inksa ds

in/kkfj;ksa esa ls lSd.MeSaV vk/kkj ijA

¼1½ izksUufr ds lHkh ekeyksa esa in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks"kd½ in esa dh xbZ

yxkrkj rnFkZ lsok] ;fn dksbZ gks] izksUufr ds fy, bu fu;eksa esa ;Fkkfofgr lsokdky ds fy,] bl 'krZ ds

v/khu jgrs gq, x.kuk esa yh tk,xh] fd lEHkjd izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ ,oa izksUufr fu;eksa

ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds Ik'pkr~ dh xbZ Fkh %

1002

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ijUrq mu lHkh ekeyksa esa] ftuesa dksbZ dfu"B O;fDr lEHkjd in esa vius dqy lsokdky ¼rnFkZ

vk/kkj ij dh xbZ rnFkZ lsok lfgr tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½ ds vk/kkj ij mi;qZDr

fufnZ"V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius izoxZ@in@dkMj esa

mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs le; dfu"B O;fDr ls

Åij j[ks tk,axs%

ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls

de rhu o"kZ dh U;wure vgZrk lsok ;k in ds HkrhZ ,oa izksUufr fu;eksa esa fofgr lsok] tks Hkh de gks]

gksxh%

ijUrq ;g vkSj Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrqd dh vis{kkvksa ds dkj.k izksUufr fd, tkus

lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fopkj ds fy,

vik= le>k tk,xk@le>s tk,axsA

Li"Vhdj.k%&&vfUre ijUrqd ds vUrxZr dfu"B in/kkjh izksUufr ds fy, vik= ugha le>k

tk,xk] ;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS] ftls fMekschykbTM vkeMZ QksflZt ijlksuy ¼fjtosZ'ku

vkWQ oSdsUlht bu fgekpy LVsV ukWu VSDuhdy lfoZlht½ :Yt] 1972 ds fu;e 3 ds micU/kksa ds vUrxZr

HkrhZ fd;k x;k gks rFkk buds vUrxZr ojh;rk ykHk fn, x, gksa ;k ftls ,Dl lfoZleSu ¼fjtosZ'ku vkWQ

oSdsUlht bu nh fgekpy izns'k VSDuhdy lfoZlht½ :Yt] 1985 ds fu;e 3 ds micU/kksa ds vUrxZr HkrhZ

fd;k x;k gks rFkk buds vUrxZr ojh;rk ykHk fn, x, gksa A

¼2½ blh izdkj LFkk;hdj.k ds lHkh ekeyksa esa ,sls in ij fu;fer fu;qfDr@izksUufr ls iwoZ dh

lEHkjd in ij dh xbZ fujUrj rnFkZ lsok] ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn

rnFkZ fu;qfDr@izksUufr] mfpr p;u ds i'pkr~ vkSj HkrhZ ,oa izksUufr fu;eksa ds micU/kksa ds vuqlkj dh xbZ

Fkh %

ijUrq dh xbZ mi;qZDr fufn"V rnFkZ lsok dks x.kuk esa ysus ds i'pkr~ tks LFkk;hdj.k gksxk] mlds

QyLo:Ik ikjLifjd ojh;rk vifjofrZr jgsxhA

12- ;fn foHkkxh; izksUufr lfefr fo|eku gks rks mldh lajpuk-—tSlh ljdkj }kjk le;≤

Ikj xfBr dh tk,A

13- HkrhZ djus esa fdu ifjfLFkfr;kas easa fgekpy izns'k yksd lsok vk;ksx ls ijke'kZ fd;k tk,xk-&

TkSlk fof/k }kjk visf{kr gksA

14- Lkh/kh HkrhZa ds fy, vfuok;Z vis{kk-—Ykkxw ughaA

15- Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-—Ykkxw ughaA

16- vkj{k.k-—lsok esa fu;qfDr] fgekpy izns'k ljdkj }kjk] le;≤ ij vuqlwfpr tkfr;ksa@

vuqlwfpr tutkfr;ksa@vU; fiNMs+ oxksZa vkSj vU; izoxZ ds O;fDr;ksa ds fy, lsok esa vkj{k.k dh ckcr

tkjh fd, x, vkns'kksa ds v/khu gksxhA

17- foHkkxh; ijh{kk-—lsok esa izR;sd lnL; dks le;≤ ij ;Fkk la'kksf/kr fgekpy izns'k

foHkkxh; ijh{kk fu;e] 1997 esa ;Fkk fofgr foHkkxh; ijh{kk ikl djuh gksxhA

18- f'kfFky djus dh 'kfDr-—tgka jkT; ljdkj dh ;g 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 fdUgha micU/kksa dks fdlh oxZ ;k O;fDr;ksa ds izoxZ ;k inksa dh ckcr]

f'kfFky dj ldsxhA

1003

jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 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.

1004

jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935

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.

1005

jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935

(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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dk;kZy; vkns'k

f'keyk&4] 14 ebZ] 2013

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ckn esa vf/klwfpr dh tk,axhA

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fgekpy izns'k fo/kku lHkkA

1006

jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935

fu;U=d] eqnz.k rFkk ys[ku lkexzh] fgekpy izns'k] f'keyk&5 }kjk eqfnzr rFkk izdkf'kr