jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] eaxyokj] 14 ebZ] 2013@24 oS'kk[k] 1935
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
986
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 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.
987
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
(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.
988
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
(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).
989
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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.
990
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
(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
991
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 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 not
992
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 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:
993
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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.
994
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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.
995
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
(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.
996
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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.
997
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
(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.
998
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
(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.
999
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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).
1000
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
1001
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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
jkti=] fgekpy izns'k] 14 ebZ] 2013@24 oS'kk[k 1935
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.
__________
fgekpy izns'k fo/kku lHkk lfpoky;
dk;kZy; vkns'k
f'keyk&4] 14 ebZ] 2013
la[;k% fo0l0@LFkk-@fo0 ijh{kk@6@41@2000&III.—fnukad 24 ebZ] 2013 dks jk"Vªifr egksn;
dh bl lfpoky; esa izLrkfor ;k=k ds e/;utj pwafd bl lfpoky; }kjk lella[;d vf/klwpuk fnukad
25 vizSy] 2013 }kjk vf/klwfpr foHkkxh; ijh{kk fu/kkZfjr frfFk;ksa dks vk;ksftr dj ikuk laEHko ugha gks
ldsxk ftlds n`f"Vxr bl ijh{kk dks fQygky LFkfxr fd;k tkrk gS rFkkfir bl ijh{kk dh ubZ frfFk;ka
ckn esa vf/klwfpr dh tk,axhA
vkns'k }kjk]
gLrk{kfjr@&
lfpo]
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