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fgekpy izns'k ljdkj

MUNICIPAL COUNCIL NARKANDA DISTT SHIMLA (HP)

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

NOTIFICATION

Narkanda, the 21st May, 2013

NP/NKD/218/2013.—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 zb) 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

42&jkti=@2013&24&05&2013 ¼1179½

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Nagar Panchayat 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,

the matter was discussed and finally approved in the house vide its resolution No. 259 dated 4th

March, 2013.

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 Narkanda (Control

and Regulation ) of Muck Dumping Bye laws 2013 as under :—

“MC/NP Narkanda (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 Narkanda-(Control and Regulation) of Muck Dumping Bye-laws, 2013.”

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

(extraordinary) Himachal Pradesh.

(iii) These Bye-laws shall be applicable within the jurisdiction of MC/NP Narkanda 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 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-Narkanda for dumping of

muck.

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

over the area of MC/NP-Narkanda under the Act.

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

meaning respectfully assigned to them under the Act.

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-Narkanda for dumping of Muck within their area.

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

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

considered for sanction.

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

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

shall be assessed for raising the bill and for according necessary permission in 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 Narkanda 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 MC 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.

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

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

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) Mannual

Rs.5/- per cement bag

(ii) Mule

Rs.20/- per trip

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(iii) Pick up

Rs.300/-per pick up

(iv) Tipper Heavy duty/truck

Rs. 700/- per tipper/truck

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

be notified by the MC/NP. Narkanda.

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/NP, the

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

bye-laws.

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

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

hindrance.

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

MC/NP in this behalf either on the information received by himself 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 Byelaws.

(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 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/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 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

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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 Narkanda.

_______

Appendix-I

(See Bye laws 4(i)

Performa for Estimation of Muck Generation

Name of the applicant of the plot /land/project.

Area and kh. No. of the plot/land /project.

Location of the plot/land/project including Municipal ward.

Whether owner or builder or otherwise please specify.

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:

__________

MUNICIPAL COUNCILL, MANDI (CONTROL AND REGULATION) OF MUCK

DUMPING BYE-LAWS, 2013

NOTIFICATION

Mandi, the 23rd May, 2013

No. MC/MND(Muck dumping)/2013-3212.—Whereas the following draft Muck dumping

by-laws, 2013 made by the Municipal Council, Mandi 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 time to time and notices were

published in news paper Amar Ujala on dated 21-04-2013 and Dainik Bhaskar dated 21-04-2013

for the information of general public and whereas objections from all persons likely to be effected

thereby were invited before the expiry of 30 days from the date of publication of notices in the

news papers.

And whereas no objections/suggestions were received during the stipulated period. Now,

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

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(y and z b) of sub section 202 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as

amended from time to time, the Municipal Council, Mandi makes the following Bye-Laws,

namely:—

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

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

(extraordinary) Himachal Pradesh.

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

Mandi 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, Mandi.

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

Council, Mandi 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, Mandi for

dumping of muck.

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

over the area of Municipal Council, Mandi 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 or otherwise throw or cause to be thrown any kind of Muck in any place other than

the place specified by the Municipal Council, Mandi for dumping of Muck within its 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 Municipal Council, Mandi

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

the Municipal Council, Mandi on the prescribed proforma annexed with these Bye-laws as

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appendix-I at the time of submission of their building map/plan for sanction. The building plan

without such estimate shall not be considered for sanction.

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

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

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

applicant.

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

the amount deposited by the applicant in the Municipal Council, Mandi on this account.

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

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

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

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

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 Municipal Council, Mandi at the time of

inspection.

(vi) The normal timings for dumping the Muck in the dumping site shall be for ward No. 4,

6, 7, 8 & 9 from 5:00 AM. to 8:00 AM & 8.00 PM to 11.00 PM and for others ward from 5 AM to

11PM. However, in the case of exigencies, the Municipal Council, Mandi 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, Mandi 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 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 and the telephone number of the office/Control Room set up

by the Municipal Council, Mandi for entertainment of complaints etc.

(ix) The Municipal Council, Mandi 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. 5/- per cement bag

(ii) By Mule

Rs. 10/- per each

(iii) Pickup

Rs.100/- per pickup

(iv) Tipper light duty

Rs.150/-per tipper

(v) Tipper Heavy duly/truck

Rs. 200/- per tipper/truck.

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

be notified by the Municipal Council, Mandi.

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, Mandi.

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

Council, Mandi, the owner or the person caught dumping the Muck shall be liable jointly for

penalty under these bye-laws.

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

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

hindrance.

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

Municipal Council, Mandi in this behalf either on the information received by himself or through

other source shall immediately on receiving such information may stop and inspect the vehicle

carrying muck for the purpose of ascertaining the required permission at any point of time and

impound the same if found violating the provisions of these Bye-laws.

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

compounding of offences under these Bye-laws.

(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, Mandi till it is not released to the registered owner. The halt

charges of the vehicle at such designated place shall be levied at the rate of Rs. 500/- per day

payable by registered owner to the Municipal Council, Mandi in cash or through demand draft.

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

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

Municipal Council, Mandi or Executive officer in this behalf, on payment of such sum as may be

specified by such officer under these Bye-laws.

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

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 Municipal Council, Mandi, 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 Municipal Council, Mandi

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 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 withdrawn of recognition and registration if any

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

concerned.

By order,

Sd/-

Executive officer,

Municipal Council, Mandi,

Distt. Mandi Himachal Pradesh.

_______

Appendix-1

(See Bye-law 4 (i)

Performa for estimation of Muck generation

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 quantity of muck to be generated, (quantity must be specified in cubic

meters) along with estimate duly signed by the authorized person.

Signature,

(Name and address of the applicant).

Date:

Place:

_________

MUNICIPAL COUNCIL KULLU

[CONTROL AND REGULATION OF MUCK DUMPING BYE–LAWS, 2012].

NOTIFICATION

Kullu, the 8th May, 2013

No. MCK-ME(C)-12-1740.—The following Muck Dumping bye laws, 2012 made by the

M.C. Kullu in exercise of the power conferred by section 216, 217 and section 219 read with

Clause (y and zb) of sub section 202 of the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of

1994) as amended from time to time are hereby published in the Rajpatra, Himachal Pradesh

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

laws have been considered by the MC Kullu after no objection/suggestion was received after

publication in the newspapers.

“MC Kullu (Control and regulation) of Muck Dumping Bye- Laws, 2012.”

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

“MC Kullu (control and Regulation) of Muck Dumping, Bye Laws 2012”.

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(ii) These Bye–Laws shall come into force from, the date of publication in Rajpatra

(extraordinary) Himachal Pradesh.

(iii) These Bye-Laws shall be applicable within the jurisdiction of MC Kullu 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.

under these Bye laws.

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

matter or Debris including building, construction waste.

(e) “Place”-means authorized site specified by MC Kullu for dumping of Muck.

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

the area of MC Kullu under act.

(g) Words or 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

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

other than the place specified by MC Kullu For dumping of Muck within 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 Grant of permission.—(i) Applicant or the person

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

detailed estimation of Muck to be generated from the Plot/construction site to the MC on 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 favor of the

applicant.

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

the amount deposited by the applicant in the MC Kullu on this account.

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

authorized in writing and the name of the place/ site for dumping of debris by the applicant shall

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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

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 widescreen of the vehicle and the same shall have to be

shown to the authorized officer of the MC at the time of inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after 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 exigencies, the MC 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

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

1.00x0.50 mtr. indicating there in number and date of sanction, commencement of construction and

hour 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 for entertainment of complaints etc.

(ix) The MC shall prescribe the condition relating to their application of muck generation

from the plot, grant of sanction for muck disposal and condition relating affixing of board at site

giving therein the details 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. 300/- per pickup

(ii) Tractor

Rs. 400/- per tractor

(iii) Tipper light duty

Rs. 700/- per tipper

(iv) Tipper Heavy duty/truck

Rs. 1200/- per tipper/truck

(v) Mule Rs.

Rs. 20/- per mule.

(vi) Manual

Rs. 10/- per cement bag

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

be notified by the MC.

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

responsibility of owner to make available the entire person so hired or engaged by him for dumping

of muck in a specified places as specified by the MC.

(ii) Who so ever is found Muck other than the place specified by the MC, the owner or the

person caught dumping the Muck shall be liable jointly for penalty under these Bye-Laws.

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(iii) At 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 in this behalf either on the information receiving by himself or through other source shall

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

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

violating the provisions of these Bye-Laws.

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

compounding of offences under these Bye- Laws.

(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 oat the place

designated by the MC 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 MC 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 MC

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

under these Bye-Laws.

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

tried in a summary manner by the Judicial Magistrate First class of the concerned Municipal area

under session 260 of the code of criminal Procedure.

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

notified by the MC, the rate of penalty shall be ten time at the first instance, twenty time at the

second instance and for the third instance and thereafter the amount of penalty shall be thirty time

of the actual rate of dumping as fixed by the MC in respect of class and make 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 other civic amenities and the concerned

officer/official may request the competent authority for withdrawal of recognition and registration

if any granted in their favors including withdrawal of building sanction granted in favor of the

owner concerned.

By order,

-Sd-

Executive Officer,

Municipal Council Kullu.

_______

NAGAR PANCHAYAT ARKI

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

NOTIFICATION

Arki, the 23th May, 2013

No. 426.—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 zb) of sub

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section 1 of section202 of the Himachal Pradesh Municipal Act,1994 (Act No.13 of 1994) as

amended from time to time.Since no objection has been received by Nagar Panchayat Arki.Hance

Muck Dumping Bye-laws has been finalized namely:

N.P. ARKI (CONTROL AND REGULATION) OF MUCK DUMPING BYE-LAWS, 2012

Preliminary

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

NP-Arki--(Control and Regulation) of Muck Dumping Bye-Laws, 2012.

(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-Arki--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 Arki.

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 Arki for dumping of

Muck.

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

over the area of Nagar Panchayat Arki 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 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 Nagar Panchayat Arki 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.

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

concerned intended to commence the construction within the area of the Nagar Panchayat shall in

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

on the prescribed proforma 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.

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

spot inspection and thereafter the carriage of muck to be 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 Nagar Panchayat Arki 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 the place/site for dumping of debris by the applicant shall

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

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

NP for managing the dumping site.

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

a copy of which shall be affixed on the windscreen of the vehicle and 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 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 Nagar Panchayat 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 large 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 section of building map from the competent authority or

before raising the construction at site is required to install a painted board of the size 3x2 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 Office/Control Room set up by the NP

for entertainment of complaints etc.

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

generation from the plot, grant of sanction 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/Trali

Rs.100/-per pickup/ trali

(ii) Tipper light duty

Rs.150/-per tipper

(iii) Tipper Heavy duty/truck

Rs.300/-per tipper/truck.

(iv) Manual labour/Mule

Rs.10/-per cement bag

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

be notified by the Nagar Panchayat Arki.

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

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

specified by the Nagar Panchayat.

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

Panchayat, 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 concered shall make available the

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

hindrance.

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

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

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

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

violating the provisions of these Bye-Laws.

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

compounding of offences under these Bye-laws.

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

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

designated by the Nagar Panchayat Arki 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.

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 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 judicial Magistrate First Class of the concerned Municipal Area

u/s 260 of the code of Criminal Procedure.

10. Penalty.—(i) Whosoever, is guilty of dumping muck other than the place 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 Np in respect of the class and make of

vehicle as defined in Clauses 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 Arki.

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Appendix-1

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. Wether owner or builder or otherwise please specify.

5. Estimated quantity 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:

__________

MUNICIPAL COUNCIL, BADDI, (CONTROL AND REGULATION) OF WORK MUCK

DUMPING BYE –LAWS, 2013

NOTIFICATION

Baddi, the 20^th May, 2013

No. MC/Baddi/Muck Dumping/2013-537-546.—The following Muck Dumping Bye

Laws, 2013 prepared by the Municipal Council, Baddi in exercise of the power conferred by

Section 216, 217 and Section 219 read with clauses Y&Z of Section 202 of H.P Municipal Council

Act, 1994 ( Act No. 13 of 1994) as amended from time to time, the following Muck Dumping Bye-

Laws, 2013 formulated by the Municipal Council, Baddi have been considered by the Municipal

Council, Baddi and finalized these Bye- Laws.

These Bye-Laws shall come in to force from the date of its publication in the official

Gazette of Himachal Pradesh:—

MUNICIPAL COUNCIL BADDI (CONTROL AND REGULATION OF MUCK DUMPING)

BYE-LAWS-2012.

Preliminary

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

“Municipal Council Baddi (Control and Regulation of Muck-Dumping) Bye-laws,2012.”

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

news paper (extraordinary) Himachal Pradesh.

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

Baddi as defined from time to time.

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

(a) “Act”-means the Himachal Pradesh Municipal Act, 1994 (Act No. 12 of 1994) as

amended from time to time.

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

authorized dumping places as specifies by the Council.

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 Council for Dumping of muck.

(f)

“Special Judicial Magistrate First Class”- means the Judicial Magistrate having

Jurisdiction over the area of Municipal Council, Baddi under the Act.

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

meaning respectfully assigned to them under the Act.

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 at any place

other than the place specified by the Council for dumping of muck within the area of the Municipal

Council.

(ii) Any person found dumping muck illegally, un-authorizedly and without any

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

dumping shall be impounded.

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

concerned, intending to commence construction within the area of the Council, shall in writing

submit detailed estimate of muck to be generated from the plot/construction site to the Council 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 Council 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 permission for dumping of debris shall be accorded only after obtaining receipt of

the amount to be deposited by the applicant in the Council on this account.

(iii) The place for dumping of muck shall be communicated to the applicant by the 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 concerned agency or the contractor hired or engaged by the Council for managing the

dumping site.

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(iv) 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 Council at the time of the 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.

(v) There shall be a restriction on 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 8:00 am to 6:00 pm. However, in case of exigencies and in view of traffic regulations in

the town in the area the Council may in writing relax such timings.

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

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

circumstances may relax such impositions/restrictions on receiving written request from the

applicant or the concerned agency or the authority interested in this regard.

(vii) The person, after obtaining the sanction of building map from the competent authority

or before raising the construction of site, is required to install a painted board of the Size of 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 the

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 Council for entertainment of complaints etc.

(viii) The Engineering Cell of the Council 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 (vii) at the time

of grant of building sanction.

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

muck in the specified places.

(1) Per Cement Bag

Rs. 5/- per bag

(2) Pickup/Tractor-Trolly

Rs. 100/- per pickup/trolly

(3) Tipper light duty

Rs. 200/- per tipper

(4) Tipper heavy duty/truck

Rs. 400/- per tipper/truck

(5) Through Mule Cart / Manually

Rs. 5/- Per Bag.

An increase of 10% on these rates shall be applicable after every three years which shall be

notified by the Council

Duties and responsibilities of the applicant/owner.—(i) It shall be the duty and

reasonability 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 specified by

the Council.

(ii) Whosoever is found dumping muck at a place other than the places and in

contravention of conditions specified by the Council, the owner and the person caught dumping the

muck shall be liable jointly for penalty under these Bye-laws.

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

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

hindrance.

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

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

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 Executive Officer or Municipal Engineer, of the Council, and keep the same in custody

at the place designated by the 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. 400/- per day payable by

registered owner to the Council in cash or through demand draft.

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

Council or its Executive Officer in this behalf, on payment of such sum as may be specified by

such officer under these Bye-laws.

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

tried in a summary manner by the special Judicial Magistrate First Class by these Bye-laws 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 Council, the rate of penalty shall be five times at the first instance, ten

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

twenty times of the actual rate of dumping as fixed by the Council 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 Executive Officer

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,

SUDHIR SHARMA

Executive Officer,

Municipal Council, Baddi, H.P.

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MUNICIPAL COUNCIL, NALAGARH, (CONTROL AND REGULATION) OF WORK

MUCK DUMPING BYE –LAWS, 2013

NOTIFICATION

Nalagarh, the 20^th May, 2013

No.MC/NLG/Muck Dumping/2013-520-529.—The following Muck Dumping Bye Laws,

2013 prepared by the Municipal Council, Nalagarh in exercise of the power conferred by Section

216, 217 and Section 219 read with clauses Y&Z of Section 202 of H.P Municipal Council Act,

1994 (Act No. 13 of 1994) as amended from time to time, the following Muck Dumping Bye-

Laws, 2013 formulated by the Municipal Council, Baddi have been considered by the Municipal

Council, Nalagarh and finalized these Bye- Laws.

These Bye-Laws shall come in to force from the date of its publication in the official

Gazette of Himachal Pradesh.—

MUNICIPAL COUNCIL NALAGARH (CONTROL AND REGULATION OF MUCK

DUMPING) BYE-LAWS-2012

Preliminary

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

“Municipal Council Nalagarh (Control and Regulation of Muck-Dumping) Bye-laws, 2012.”

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

news paper (extraordinary) Himachal Pradesh.

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

Nalagarh 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 persons applying for permission for dumping of muck in the

authorized dumping places as specifies by the Council.

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 Council for Dumping of muck.

(f)

“Special Judicial Magistrate First Class”- means the Judicial Magistrate having

Jurisdiction over the area of Municipal Council, Nalagarh under the Act.

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

meaning respectfully assigned to them under the Act.

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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 at any place

other than the place specified by the Council for dumping of muck within the area of the Municipal

Council.

(ii) Any person found dumping 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.

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

concerned, intending to commence construction within the area of the Council, shall in writing

submit detailed estimate of muck to be generated from the plot/construction site to the Council on

the prescribed performa annexed with these bye-laws as Appendix-I at the time of submission of