In a Gazette Notification dated 18th February, 2020, the Himachal Pradesh Government has issued the Dharamshala Municipal Corporation (Control and Regulation of Muck Dumping) Bye-laws, 2019 (“Bye-Law”) under the provisions of the Himachal Pradesh Municipal Corporation Act, 1994 (“Act’).
The Bye-law has become effective since 18th February, 2020 i.e. on the date of its publication in the Gazette.
Key takeaways from the Bye-law are mentioned below:
- The Bye-Law prohibits the throwing any kind of *muck in any place other than those which are specified for the Corporation for dumping of muck. If any person is found dumping muck at non-specified site or at specified site without any permission, he will be penalised under the provisions of the Bye-Law and the vehicle or tools used for such dumping will be liable to be impounded.
- If anybody intends to commence construction within the area of the Corporation, he has to submit in writing a detailed estimate of muck to be generated from the plot/construction site. The proforma for submitting the information is given inAppendix I.
Appendix I has to be submitted along with the building map/plan for sanction of such construction.
- In case there is a repair of a building or where no planning permission is required, the permission for dumping debris has to be obtained from the Corporation by submitting an application inAppendixII.
The application should clearly mention full particulars of the applicant, location of the building and the estimate/quantity of muck to be generated on proforma annexed as Appendix- II.
- The estimate submitted by the applicant will be verified by the concerned Junior Engineer (Civil) of the Corporation after spot inspection and then sent to the Executive Engineer Municipal Corporation for raising the bill and accordingly necessary permission in favour of the applicant will be granted.
Please note that the permission for dumping of debris will be accorded only after the receipt of the entire billed amount from the applicant in the Corporation’s account.
- At all times when the muck is getting transported, a person has to carry the original copy of the permission letter affixed on the windscreen of that vehicle which will have to be shown to the authorised officer at the time of inspection.
Please note that in case of manual transportation of muck, the person carrying the muck will have to show the original sanction to the inspecting staff/authorized officer at the time of inspection.
- The Bye-Law further imposes a restriction on movement of vehicles carrying muck after sun set and before sun rise.
The normal timing for dumping muck has been stipulated by the Bye-Law as 9:00 am to 5:00 pm.
- Anybody who has obtained planning permission of building map from the competent authority or before raising the construction at site must mandatorily 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 etc.
- The Bye-Laws further provide the rates for dumping of muck.
- It is the duty of the owner/applicant to provide all the sanctions/permission granted by the Authority hired or engaged by him for dumping of muck.
- Any person contravening the provisions of the Bye-Law will be duly penalised.
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*“Muck” includes earth or stone, material of any description or any rubbish or polluted or obnoxious matter or debris including building, construction waste.
Source: Himachal Pradesh Gazette
