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Himachal Pradesh Gazette · Government of Himachal Pradesh

Himachal Pradesh Gazette, No. 41, 23 May 2013

Published 23 May 2013

Gazette no.
41
Gazetteid
41/GAZETTE/2013-23/05/2013
Identifier
in.gazette.himachal.2013-05-23.41_gazette_2013-5_23_2013
Languages
English, Hindi
Published at
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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित शिमला, वीरवार, 23 मई, 2013/2 ज्येष्ठ, 1935

SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT

NOTIFICATION

Shimla, the 16th May, 2013

No. SJE-A-F(5)-1/2011.—In exercise of power conferred under Section 35 of Juvenile Justice (Care & Protection of Children) Act, 2000, the Governor of Himachal Pradesh is pleased to appoint a Inspection Committee for Institute of Children with Special Ability Sundernagar consisting of following members:—

1. Sub Divisional officer (C) Sundernagar, Distt. Mandi Chairman

2. Block Medical Officer, Sundernagar Member

41-राजपत्र/2013-23-05-2013 (1157)1158 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 3. Deputy Superintendent of Police, Sundernagar Member

4. District Welfare Officer, Mandi Member

5. Child Development Project Officer, Sundernagar Member

6. President, Municipal Committee Sundernagar Member

7. Superintendent, ICSA Sundernagar Member

8. 3 representatives from NGOs Member

In addition to this the above committee will also function as District & City Advisory Board under the provisions of Section 62(3) of Juvenile Justice (Care & Protection of Children) Act, 2000.

By order, (P. C Dhiman), Principal Secretary (SJ&E).

__________

MUNICIPAL COUNCIL SUNDERNAGAR

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

NOTIFICATION

Sundernagar, the 20the May, 2013

No. MC /SNR/ Muck Dumping Bye–laws/2013-2171

"MC Sundernagar (Control and Regulation) of Muck Dumping Bye-laws, 2013"

Preliminary

1. Short title, commencement and application.—(i) These Bye-laws may be called "MC/NP (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 MC Sundernagar 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 MC/NP.

(c) "Authorized Officer"-means any Executive Officer duly authorized by the MC Sundernagar under these Bye-laws.

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

1159 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

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

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

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

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

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

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

(ii) The estimate submitted by the applicant shall be verified by the concerned official after spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site shall be assessed for raising the bill and for according necessary permission in favour of the applicant.

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

(iv) The place for dumping of muck shall be communicated to the applicant by the MC Sundernagar authorities in writing and the name of the place/site for dumping of debris by the applicant shall also be mentioned in their building sanction letter. Further, intimation of the same shall also be given to the contractor hired or engaged by the MC 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 MC Sundernagar at the time of inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after the sun set and before the sun rise. The normal timings for dumping the Muck in the dumping site shall be between 9.00 A. M. to 5.00 P.M. However, in the case of exigencies, the MC Sundernagar 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 MC Sundernagar in the larger public interest or in the case of emergent situation may relax such imposition/restrictions on receiving written request from the applicant or the concerned agency or the authority interested in this regard.

(viii) The person after obtaining the sanction of building map from the competent authority of before raising the construction at site is required to install a painted board of the size 2'x2' indicating there in the number and date of the sanction, commencement of construction and hours1160 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 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 01907-267244 set up by the MC-Sunder Nagar for entertainment of complaints etc.

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

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

(i) Pickup Rs. 150- per pickup

(ii) Tipper light duty/Tractor Rs. 300-per tipper

(iii) Tipper Heavy duly/truck Rs. 500/- per tipper/truck

(iv) Mules & Manual Rs. 5/ per cement bag

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

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

(ii) Whosoever is found dumping Muck other than the place specified by the MC Sunder Nagar, the owner or the person caught dumping the Muck shall be liable jointly for penalty under these bye-laws.

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

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

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

(iii) The official impounding the vehicle shall immediately report in writing about the impounding of vehicle to the authority officer/official and keep the same in custody at the place designation by the MC Sundernagar till it is not released to the registration owner. The halt charges of the vehicle at such designated place shall be levied at the rate of Rs. 500/- per day payable by registered owner to the MC Sundernagar in cash or through demand draft.

8. Compounding of offences.—All the offences punishable under these Bye-laws ms, before, the institution or Prosecution, be compounded by such officer as may be authorized by the1161 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 MC Sundernagar of Executive officer in this behalf, on payment of such sum Rs. 500/- as may be specified by such officer under these Bye-laws.

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

10. Penalty.—(i) whosoever, id guilty of dumping Muck other than the place specified/notified by the MC, the rate of penalty shall be five times at the first instance, ten times at the second instance and for the third instance of thereafter the amount of penalty shall be twenty times of the actual rate of dumping as fixed by the MC/NP in respect of the class and make of vehicle as defined in Clause 5 of these Bylaws.

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

By order, Sd/- Executive officer/Secretary.

_________

MUNICIPAL COUNCILL SOLAN DISTT. SOLAN HIMACHAL PRADESH

(CONTROL AND REGULATION OF) OF MUCK DUMPING BYE-LAWS, 2012

NOTIFICATION

Solan, the 2nd February, 2013

No. MC Solan/2013-6386.—The following Muck dumping by-laws, 2012 made by the Municipal Council, Solan in exercise of the power conferred by section 216, 217 and Section 219 read with clause (y and z b) of sub section 202 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as amended from to time to time are hereby published in the Rajpatra, Himachal Pradesh (extraordinary ) for the information of general public and notice is hereby given that the said draft bye-laws shall be considered by the Municipal Council, Solan after expiry of a period of 15 days from the date of its publication in the Rajpatra, Himachal Pradesh.

If any person, likely to be affected by these draft bye-laws had any, objection (s) against these draft rules, he may sent the written objections to the Executive officer/Secretary of concerned ULB, within the aforesaid period.

Objections, if any, received within the period as specified above, shall be taken into consideration by the Municipal Council, Solan before finalizing these bye-laws namely:—

"Municipal Council, Solan (Control and Regulation) of Muck Dumping Bye-laws, 2012."

Preliminary

1. Short title, commencement and application.—(i) These Bye-laws may be called "Municipal Council, Solan (Control and Regulation) of Muck Dumping Bye-laws, 2012."1162 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 (ii) These Bye-laws shall come into force from the date of their publication in the Rajpatra (extraordinary) Himachal Pradesh.

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

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

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

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

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

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

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

(f) "Judicial Magistrate First Class"-means the Judicial Magistrate having jurisdiction over the area of Municipal Council, Solan under the Act.

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

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

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

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

(ii) The estimate submitted by the applicant shall be verified by the concerned official after spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site shall be assessed for raising the bill and for according necessary permission in favour of the applicant.

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

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

1163 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 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 Municipal Council, Solan at the time of inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after 10.P.M. and before the 6.00 A.M. The normal timings for dumping the Muck in the dumping site shall be between 6.00 A. M. to 10.00 P. M. However, in the case of exigencies, the Municipal Council, Solan 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 MC in the larger public interest or in the case of emergent situation may relax such imposition/restrictions on receiving written request from the applicant or the concerned agency or the authority interested in this regard.

(viii) The person after obtaining the sanction of building map from the competent authority of before raising the construction at site is required to install a painted board of the size 4'X3' indicating there in the number and date of the sanction, commencement of construction and hours during which construction can be carried out, time when excavation can be done, name of dumping site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of construction sanctioned on each floor and the telephone number of the office/Control Room set up by the Municipal Council, Solan for entertainment of complaints etc.

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

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

(i) Pickup Rs.100/- per pickup

(ii) Tipper light duty Rs. 200/-per tipper

(iii) Tipper Heavy duly/truck Rs. 400/- per tipper/truck

(iv) Mule Rs. 25/-Per Mule

(v) Manual Rs. 5/- Each bag

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

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

(ii) Whosoever is found dumping Muck other than the place specified by the Municipal Council Solan, the owner or the person caught dumping the Muck shall be liable jointly for penalty under these bye-laws.

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

7. Impounding of vehicle.—(i) the authorized officer or the police establishment of the Municipal Council, Solan in this behalf either on the information received by himself of through1164 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 other source shall immediately on receiving such information may stop and inspect the vehicle carrying muck for the purpose of ascertaining the required permission at any point if time and impound the same if found violating the provisions of these Bye-laws.

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

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

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

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

10. Penalty.—(i) Whosoever, is guilty of dumping Muck other than the place specified/ notified by the M.C. Solan, the rate of penalty shall be Two times at the first instance, three times at the second instance and for the third instance of thereafter the amount of penalty shall be Four times of the actual rate of dumping provided that the defaulter carry the muck and dispose on the dumping site otherwise the rate of penalty shall be ten times at the first instance, twenty times at the second instance and for the third instance of thereafter the amount of penalty shall be thirty times of the actual rate of dumping as fixed by the Municipal Council, Solan if he does not carry the same in respect of the class and make of vehicle as defined in Clause 5 of these By-laws.

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

By order, Sd/- Executive office, Municipal Council, Solan.H. P.

_________

NAGAR PANCHAYAT SUNNI

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

NOTIFICATION

Sunni, the 22nd May, 2013

No. NP Sunni/2013-275.—The following Muck Dumping Bye-Laws, 2013 made by the NP Sunni in the exercise of the power conferred by section 216, 217 and section 219 read with clause1165 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 (v and zb)of sub section (1) of section 202 of Himachal Pradesh Municipal Act 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.

No objections has been received in the office of Nagar Panchayat, hence the muck dumping bye-laws has been finalized to execute for controlling of muck dumping within the jurisdiction of Nagar Panchayat Sunni.

Preliminary

1. Short title, commencement and application.—(i) These bye laws may be called, "NP Sunni (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 (extra ordinary) Himachal Pradesh.

(iii) These bye laws shall be applicable within the jurisdiction of NP Sunni 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 Sunni 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 Sunni for the dumping of muck.

(f) Judicial magistrate first class"-means the Judicial Magistrate having jurisdiction over the area of NP Sunni 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 Sunni 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 submit1166 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 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 therein the 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 favor 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 authority 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 the NP or to the concerned agency or the contractor hired or engaged by the NP for managing the dumping site.

(v) During transportation of the muck a person shall have to carry the original permission. A copy of which shall be affixed on the 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 A. M. to 5.00 P. M. 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 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 pickup1167 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 (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 o 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 released to the registered owner the halt 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 the Bye–Laws.

1168 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

(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 Sunni.

_________

MUNICIPAL COUNCILL RAMPUR BUSHAHR DISTT SHIMLA (HP)

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

NOTIFICATION

Rampur Bushahr, the 20th February, 2013

No. 313-14.—The following Muck dumping by-laws, 2012 made by the MC Rampur in exercise of the power conferred by section 216, 217 and Section 219 read with clause (y and z b) of sub section 202 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as amended from to time to time are hereby published in the Rajpatra, Himachal Pradesh (extraordinary) for the information of general public and notice is hereby given that the said draft bye-laws shall be considered by the MC Rampur after expiry of a period of 15 days from the date of its publication in the Rajpatra, Himachal Pradesh.

If any person, likely to be affected by these draft bye-laws had any, objection (s) against these draft rules, he may sent the written objections to the Executive officer/Secretary of concerned ULB, within the aforesaid period.

Objections, if any, received within the period as specified above, shall be taken into consideration by the MC Rampur before finalizing these bye-laws namely:—

"MC Rampur (Control and Regulation) of Muck Dumping Bye-laws, 2013"

Preliminary

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

1169 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

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

(c) "Authorized Officer".—means any Officer/official duly authorized by the MC Rampur under these Bye-laws.

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

(e) "Place".—means authorized site specified by the MC Rampur for dumping of muck.

( f ) "Judicial Magistrate First Class".—means the Judicial Magistrate having jurisdiction over the area of MC Rampur under the Act.

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

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

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

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

(ii) The estimate submitted by the applicant shall be verified by the concerned official after spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site shall be assessed for raising the bill and for according necessary permission in favour of the applicant.

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

(iv) The place for dumping of muck shall be communicated to the applicant by the MC Rampur authorities in writing and the name of the place/site for dumping of debris by the applicant shall also be mentioned in their building sanction letter. Further, intimation of the same shall also be given to the contractor hired or engaged by the MC Rampur 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 MC Rampur at the time of inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after the sun set and before the sun rise. The normal timings for dumping the Muck in the dumping site shall be between 9.00 A. M. to 5.00 P. M. However, in the case of exigencies, the MC Rampur may in writing relax such restrictions.

1170 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

(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 MC Rampur in the larger public interest or in the case of emergent situation may relax such imposition/restrictions on receiving written request from the applicant or the concerned agency or the authority interested in this regard.

(viii) The person after obtaining the sanction of building map from the competent authority of before raising the construction at site is required to install a painted board of the size 2X4 indicating there in the number and date of the sanction, commencement of construction and hours during which construction can be carried out, time when excavation can be done, name of dumping site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of construction sanctioned on each floor and the telephone number of the office/Control Room set up by the MC Rampur for entertainment of complaints etc.

(ix) The MC Rampur 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 per Bag Rs. 5/- per bag

(ii) Mule Rs. 20/-

(iii) Pickup Rs. 300/- per pickup

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

(v) Tipper Heavy duly/truck Rs. 1200/- per tipper/truck.

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

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

(ii) Whosoever is found dumping Muck other than the place specified by the MC Rampur, the owner or the person caught dumping the Muck shall be liable jointly for penalty under these bye-laws.

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

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

1171 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

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

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

8. Compounding of offences.—All the offences punishable under these Bye-laws ms, before, the institution or Prosecution, be compounded by such officer as may be authorized by the MC Rampur of Executive officer/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 tired in a summary manner by the Special Judicial Magistrate First Class of the concerned municipal area under section 260 of the Code of Criminal Procedure.

10. Penalty.—(i) Whosoever, id guilty of dumping Muck other than the place specified/notified by the MC Rampur, the rate of penalty shall be ten times at the first instance, twenty times at the second instance and for the third instance of thereafter the amount of penalty shall be thirty times of the actual rate of dumping as fixed by the MC Rampur in respect of the class and make of vehicle as defined in Clause 5 of these By-laws.

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

By order, Sd/- Executive officer, Municipal Council Rampur Bushahr.

_________

NAGAR PANCHAYAT CHOPAL DISTT. SHIMLA (HP)

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

NOTIFICATION

Chopal, the 21st May, 2013

No. NP/CPL(Bye-Laws)178-180.—Where as the Muck dumping bye-laws, 2013 made by the Nagar Panchayat Chopal in exercise of the power conferred by section 216, 217 and Section 219 read with clause (y and Zb) of sub section(1)of section 202 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as amended from to time to time was published in the Rajpatra, Himachal Pradesh (extraordinary) for the information of general public and notice was given that the said draft bye-laws shall be considered by the NP Chopal after expiry of a period of 15 days1172 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935 from the date of its publication of the said notification ,Vide notification of even no. dated 04-05- 2013 from the person, likely to be affected by these draft bye-laws has any objection against these draft rules, they may sent the written objection to the secretary within aforesaid period.

And whereas no objection(s) or suggestion(s) has been received within the stipulated period the matter was discussed and approved in the house vide resolution No.76 dated 29th May, 2013.

Now therefore, in exercise of the powers conferred by Municipal Act, 1994 (act No.13 of 1994 is hereby the Nagar Panchayat Chopal (Control and Regulation) of Muck Dumping Bye-Laws 2013 as under:—

Preliminary

1. Short title, commencement and application.—(i) These Bye-laws may be called, "Nagar Panchayat Chopal (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 Nagar Panchayat Chopal 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. 12 of 1994) as amended from time to time.

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

(c) "Authorized Officer"-means any Officer/official duly authorized by the Nagar Panchayat or its Secretary 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 Nagar Panchayat Chopal for dumping of muck.

(f) "Special Judicial Magistrate First Class"-means the Judicial Magistrate having jurisdiction over the area of Nagar Panchayat Chopal under the Act.

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

3. Prohibition on muck dumping.—(i) No person, either by himself 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 Nagar Panchayat for dumping of muck within the area of identified by the Nagar Panchayat.

(ii) any person found dumping muck illegally, unauthorised 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.

1173 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

4. Procedure for application and grant of permission.—(i) Applicant or the person concerned, intending to commence construction within the area of the Nagar Panchayat, shall in writing submit detailed estimate of muck to be generated from the plot/construction site to the Nagar Panchayat on the prescribed Performa annexed with these bye-laws as Appendix-I at the time of submission of his/her building map/plan 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 be obtained from the Nagar Panchayat authorities by moving an application mentioning therein full particulars of the applicant, location of the building and the estimate/quantity of muck to be generated.

(ii) The estimate submitted by the applicant shall be verified by the Architect Planner of the Nagar Panchayat after spot inspection and thereafter shall be sent to the Junior Engineer Nagar Panchayat 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 account of Nagar Panchayat.

(iv) The place for dumping of muck shall be communicated to the applicant by the Nagar Panchayat 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 Junior Engineer of the Nagar Panchayat or to the concerned agency or the contractor hired or engaged by the Nagar Panchayat for managing of 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/official of the Nagar Panchayat 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 A. M. to 5.00P. M. However, in case of exigencies and in view of traffic regulations in the area the Nagar Panchayat 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 but the Nagar Panchayat, in the 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 the size of 3' x 2' indicating therein 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 Control Room set up by the Nagar Panchayat for entertainment of complaints etc.

(ix) The Junior Engineer of Nagar Panchayat shall prescribe the condition 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.

1174 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

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

(i) Per cement bag ` 5/- per bag

(ii) Pickup

` 200/- per Pickup

(iii) Tipper light duty ` 400/- per Tipper

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

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

6. Duties and responsibilities of the applicant/owner.—(i) It shall be the duty and responsibility of the 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 the place(s) specified by the Nagar Panchayat.

(ii) Whosoever is found dumping muck at a place other than the places and in contravention of conditions specified by the Nagar Panchayat Chopal, 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 establishment of the Nagar Panchayat 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 Secretary Nagar Panchayat keep the same in custody at the place designated by the Nagar Panchayat 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 ` 800/- per day payable by registered owner to the Nagar Panchayat in cash or through demand draft.

8. Compounding of offences.—All the offences punishable under these Bye-laws may, before, the institution of prosecution, be compounded by such officer as may be authorized by the Nagar Panchayat or its 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 Chopal 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.

1175 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

(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 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 Chopal, Distt. Shimla H.P.

_________

NAGAR PANCHAYAT KOTKHAI DISTT. SHIMLA (HP)

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

NOTIFICATION

Kotkhai, the 22nd May,2013

No. NP/KKI-2013-Muck Dumping-1420.—Whereas the Muck dumping by-laws, 2013 made by the MC/NP in exercise of the power conferred by section 216, 217 and Section 219 read with clause (y and z b) of sub section 202 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as amended from to time to time was published in the Rajpatra, Himachal Pradesh (extraordinary) for the information of general public and notice was given that the said bye laws shall be considered by the Municipal Council after expiry of a period of 15 days from the date of publication of said notification vide notification of even No.dated 25th April, 2013. From the person likely to be affected by these bye laws had any objections against these draft rules they could send the written objections to the Executive Officer within the aforesaid period .

And whereas no objection and suggestions has been received within the stipulated period.

Now therefore in exercise of the powers conferred ibid sections of the Himachal Pradesh Municipal Act, 2013 (Act No.13 of 1994) is hereby enacted the Nagar Panchayat Kotkhai (Control and Regulation) of Muck Dumping Bye laws 2013 as under :—

"MC/NP Kotkhai Control and Regulation) of Muck Dumping Bye-laws,2013"

Preliminary

1. Short title, commencement and application.—(i) These Bye-laws may be called Nagar Panchayat Kotkhai-(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 MC/NP Kotkhai 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.

1176 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

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

(c) "Authorized Officer"-means any Officer/official duly authorized by the MC/NP---

under these Bye-laws.

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

(e) "Place"- means authorized site specified by the MC/NP-Kotkhai for dumping of muck.

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

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

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

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

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

(ii) The estimate submitted by the applicant shall be verified by the concerned official after spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site shall be assessed for raising the bill and for according necessary permission in favour of the applicant.

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

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

(v) During transportation of the Muck, a person shall have to carry the original permission a copy of which shall be affixed on the windscreen of the MC/NP at the time of inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after the sun set and before the sun rise. The normal timings for dumping the Muck in the dumping site shall be between 9.00 A. M. to 5.00 P. M. However, in case of emergencies, 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 MC/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.

1177 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

(viii) The person after obtaining the sanction of building map from the competent authority of before raising the construction at site is required to install a painted board of the size 3ft...X…3ft indicating there in the number and date of the sanction, commencement of construction and hours during which construction can be carried out, time when excavation can be done, name of dumping site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of construction sanctioned on each floor and the telephone number of the office/Control Room set up by the MC/NP for entertainment of complaints etc.

(ix) The MC/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) Pick up Rs.300/-per pick up

(ii) Tipper light Duty Rs 700/-per tipper

(iii) Tipper Heavy duty/truck Rs. 1200/- per tipper/truck

(iv) By Manual or mule Rs 5/- per bag

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

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

(ii) Whosoever is found dumping Muck other than the place specified by the MC/N, the owner or the person caught dumping the Muck shall be liable jointly for penalty under these bye-laws.

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

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

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

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

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

1178 राजपत्र, हिमाचल प्रदेश, 23 मई, 2013/2 ज्येष्ठ 1935

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

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

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

By order Sd/- Secretary, Nagar Panchayat Kotkhai.

________

Appendix-I

(See Bye laws 4(i)

Performa for Estimation of 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 builder or otherwise please specify.

5. Estimated quanity of muck to be generated, (Quantity must be specified in cubic metres)alongwith estimate duly signed by the authorized person.

Signature,

(Name and address of the applicant).

Date:

Place:

__________

HIGHER EDUCATION DEPARTMENT

NOTIFICATION

Shimla-2, the 22nd May, 2013

EDN-A-Ka(6)-1/2012.—Consequent to the request of Dr. Jagat Bhushan Nadda, Member, H.P. Private Educational Institutions Regulatory Commission, Shimla-171002 vide his application dated 16.05.2013, the Governor, Himachal Pradesh is pleased to accept his resignation from the post of Member, H.P. Private Educational Institutions Regulatory Commission, Shimla-171002 w.e.f. 16.05.2013(A.N.).

By order, Sd/- Secretary (Education).

नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित

Cite this issue. Himachal Pradesh Gazette, Government of Himachal Pradesh, 23 May 2013. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.himachal.2013-05-23.41_gazette_2013-5_23_2013/. Archive identifier in.gazette.himachal.2013-05-23.41_gazette_2013-5_23_2013.