Himachal Pradesh Gazette, No. 126, 20 September 2011

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राजपत्र, हिमाचल राजपत्र, हिमाचल राजपत्र, हिमाचल राजपत्र, हिमाचल प्रदेशप्रदेशप्रदेशप्रदेश हिमाचल हिमाचल हिमाचल हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशितप्रदेश राज्य शासन द्वारा प्रकाशितप्रदेश राज्य शासन द्वारा प्रकाशितप्रदेश राज्य शासन द्वारा प्रकाशित शिमला शिमला शिमला शिमला ममममंगलंगलंगलंगलववववारारारार 20202020 सितम्बरसितम्बरसितम्बरसितम्बर,,,, 2011 2011 2011 2011////22229999 भाद्रपदभाद्रपदभाद्रपदभाद्रपद,,,, 1933 1933 1933 1933

हिमाचल प्रदेश हिमाचल प्रदेश हिमाचल प्रदेश हिमाचल प्रदेश सरकारसरकारसरकारसरकार

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TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2, the 25th August, 11

No. Tpt-F(5)3/2003.—In exercise of the powers confirmed by sub-section (1) of Section-67 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) and in supersession of this Department Notification of even No. dated 28-2-2005, the Governor, Himachal Pradesh is pleased to issue the following directions to the State Transport Authority, Himachal Pradesh, namely:-

DIRECTIONS

The State Transport Authority shall ensure that the following maximum fares in respect of taxis are fixed/charged in the State of Himachal Pradesh with immediate effect in the public interest:-

126-राजपत्र/2011-20-9-2011 (3165)3166 राजपत्र, हिमाचल प्रदेश, 20 सितम्बर, 2011/29 भाद्रपद, 1933 HIRING ON KILOMETERS BASIS

Note.— The liability of payment of taxes for plying the taxi within/outside the state shall be that of the owner of the vehicle.

NIGHT HALTING CHARGES FROM 10:00 PM TO 6:00 AM (FOR OUTSTATION)

HIRING ON DAILY BASIS UPTO 8 HOURS

FOR DETENTION BEYOND 8 HOURS

NOTE-1.—The return empty haulage charges shall be 25% of the actual single fare.

FARE IN RESPECT OF SCOOTTERS/AUTORICKSHAWS

NOTE-2:- 1. Hiring on daily basis will be for at least 150KMs. 2. The period of detention due to natural calamities i.e road blockade/traffic blockade/road condition etc. shall not be counted.

3. If a taxi is plied for 200 kilometers or more in a day, no detention charges shall be payable.

4. Taxi owner shall be free to charge less than the rates enumerated as above.

By order, Sd/- Principal Secretary (Transport).

___________

TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2, the 9th September, 2011

No.TPT-F(6)-1/99-I.—In exercise of the power conferred by clause (i) of sub section(1) of section-67 of the Motor Vehicles Act, 1988 ( Act No. 59 of 1988) and in supersession of this Department Notification of even No. dated 20.9.2005, the Governor, Himachal Pradesh is pleased to issue to the State Transport Authority, Himachal Pradesh and Regional Transport Authorities in Himachal Pradesh the following directions regarding the fixation of freight rates of goods carriages in Himachal Pradesh, with immediate effect, in the public interest:-

DIRECTIONS

2. The State Transport Authority and Regional Transport Authorities shall ensure that the following rates of freight will be fixed for goods carriages in the State of Himachal Pradesh:-

Note:- 1. Non Bulky Goods include grains potatoes, Cement, vegetables, Kerosene oil, Petrol and Lubricating oil, tinned oil and similar other goods which occupy comparatively less space in relation to their weight.

2. Bulky Goods include Chairs, Tables Wooden furniture etc. and similar other goods which occupy comparatively larger space in relation to their weight.

By order, T. G. NEGI, Principal Secretary(Transport).

राजपत्र, हिमाचल प्रदेश, 20 सितम्बर, 2011/29 भाद्रपद, 1933 आबकारी एवं कराधान विभागआबकारी एवं कराधान विभागआबकारी एवं कराधान विभागआबकारी एवं कराधान विभाग

अधिसूचना

शिमला-171009, 8 सितम्बर, 2011

संख्या 7-243/2009-ईसंख्या 7-243/2009-ईसंख्या 7-243/2009-ईसंख्या 7-243/2009-ई....एक्सएक्सएक्सएक्स....एनएनएनएन....-28427-47-28427-47-28427-47-28427-47....----प्रथम नवम्बर, 1966 से ठीक पूर्व हिमाचल प्रदेश में समाविष्ट क्षेत्रों तथा पंजाब पुनर्गठन अधिनियम, 1966 (1966 का 31) की धारा 5 के अधीन हिमाचल प्रदेश में जोडे गये क्षेत्रों में यथा प्रवृत पंजाब एक्साईज ऐक्ट, 1914 (1914 का 1) की धारा 59 द्वारा प्रदत्त शक्तियों का प्रयोग करते हुये तथा उक्त अधिनियम की धारा 9 के अधीन और इसके साथ पठित हिमाचल प्रदेश (ऐक्साईज पावर एण्ड अपील) आर्डज, 1965 द्वारा मुझ में निहित वित्तायुक्त (आबकारी) की शक्तियों का प्रयोग करते हुये मै, जे0सी0 शर्मा, आबकारी एवं कराधान आयुक्त, हिमाचल प्रदेश, एतदद्वारा हिमाचल प्रदेश लिकर लाईसैंस रूल्ज, 1986 (जिन्हें यहां उसके पश्चात ''उक्त रूल्ज'' कहा गया है) में तुरन्त प्रभाव से और संशोधन करता हूं :-

संसंसंसंशोध्शोध्शोध्शोधनानानान

In the said rules.-

In sub-rule (26) of Rule 35A, in the first line after the word 'vice versa' and before the word 'may' words for the year 2009-10' is deleted. And in the third line after the word 'of' and before the word 'on' word a vend or unit/units where the owner is same is inserted.

आदेश द्वारा, हस्ताक्षरित/- आबकारी एवं कराधान आयुक्त।

_________

(AUTHORITATIVE ENGLISH TEXT OF EXCISE & TAXATION DEPARTMENT

NOTIFICATION No. 7-243/2009-EXN 28427-47 DATED 8th September 2011 AS

REQUIRED UNDER ARTICLE 348(3) OF THE CONSTITUTION OF INDIA)

EXCISE AND TAXATION DEPARTMENT

NOTIFICATION

Shimla-171009, the 8th September, 2011

No. 7-243/2010-EXN- 28427-47.—In exercise of the powers conferred by section 59 of the Punjab Excise Act, 1914 (1 of 1914), as in force in the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and as in force in the Territories transferred to Himachal Pradesh under section 5 of the Punjab Re-Organization Act, 1966 (31 of 1966) and by virtue of the powers of the Financial Commissioner (Excise), conferred on me under section 9 of the said Act, read with the Himachal Pradesh (Excise Power and Appeal) Orders, 1965, I, J.C.Sharma, Excise and Taxation Commissioner, Himachal Pradesh hereby make the following further amendments in the Himachal Pradesh Liquor License Rules, 1986 (hereinafter called the 'said rules') as amended from time to time, with immediate effect :-

AMENDMENTS

In the said rules.-

In sub-rule (26) of Rule 35A, in the first line after the word 'vice versa' and before the word 'may' words for the year 2009-10' is deleted. And in the third line after the word 'of' and before the word 'on' word a vend or unit/units where the owner is same is inserted.

By order, Sd/- Excise & Taxation Commissioner.

NOTIFICATION

Shimla-171002, the 16th September, 2011

No. EDN-A-Ka(3)-3/2001.—On the recommendation of the Departmental Promotion Committee, the Governor, Himachal Pradesh is pleased to order the promotion of Shri Anant Ram Sharma, Assistant District Physical Education Officer (Class-III-Non-Gazetted) to the post of Assistant Director of Education (Physical Education) (Class-II Gazetted) on regular basis, in the pay scale of ` 2410-4000 (pre-revised), in the Department of Higher Education, Himachal Pradesh and to post him in the Directorate of Elementary Education, H.P. Shimla, with immediate effect.

The above newly promoted Assistant Director of Education (Physical Education) shall be on probation for a period of two year or till retirement, whichever is earlier.

The above promoted Assistant Director of Education (Physical Education) will be eligible to exercise his option(s) for fixation of pay under the provisions of FR-22 within one month. This promotion will however be subject to the final out-come of writ (Civil No. 61/2002 titled M.Nagraj & Ors. Vs. Union and W.P. (C) No. 295/2002 titled Devi Ram Tanwar & Ors Vs. Union of India & Ors. In the Hon'ble Supreme Court of India. Further, this promotion will be subject to any other decision/orders taken/issued by the State Government on the subject from time to time.

The above promoted Assistant Director of Education (Physical Education) is directed to report for duty at his new place of posting within 15 days positively and send his joining report to this department. No extension in the joining period will be allowed in any case.

By order, Sd/- Principal Secretary (Hr. Edu.).

________

IN THE COURT OF SH. C. PAULRASU, I.A.S. DISTRICT COLLECTOR, SOLAN,

HIMACHAL PRADESH

CASE NO. DATE OF INSTITUTION 2/13 OF 2011 10-01-2011

State of H. P.

V/S

M/S P. R Laboratories PVT Ltd, through Sh Atul Garg, R/o House No 723,Lower Kalka, District Panchkula, Haryana.

Notice No: M/s P.R Laboratories PVT Ltd, through Sh Atul Garg,R/o House No 723, Kalka, District Panchkula, Haryana.

WHEREAS, the revenue field agency has reported that Financial Commissioner-cum- secretary (Rev) to the Government of H.P, Shimla vide his letter NO.Rev.B.F(10)216/2006 dated 18-04-2006 has granted permission for the purchase of land comprised in khasra No 518 to the extent of 49/225 share measuring 2-0 bigha situated in mauja Kalujanda, Tehsil Kasuali, District Solan in favour of the respondent for the construction of Industrial Unit.

AND WHEREAS, according to the condition No 2 of the permission letter the respondent has to use the land within the period of 2 years for the purpose for which it has been applied, but3171 राजपत्र, हिमाचल प्रदेश, 20 सितम्बर, 2011/29 भाद्रपद, 1933 the respondent has not used the land for the purpose and has applied to sell this land to agriculturist of H .P.

Keeping in view the report of revenue field agency the respondent is hereby directed to appear in this court on 27-09-2011 at 2.00 P.M in person or through authorized agent to file the reply of the notice failing which ex-parte order will be passed against him and the land will be confiscated to the state of H.P without giving any notice to the respondent. In the meanwhile the red entries be made in the revenue record.

Given under my hand and the seal of the court this 23rd day of August 2011.

C. PAULRASU, I.A.S. District Collector Solan. District, Solan H. P.,

_________

IN THE COURT OF SH. C. PAULRASU, I.A.S., DISTRICT COLLECTOR,SOLAN,

HIMACHAL PRADESH

DATE OF INSTITUTION

CASE NO. 1/13 OF 2011 10-01-2011

State of H. P.

V/S

M/S Shaswat Foods through Sh Rohit Bansal S/o Sh Krishan Kumar Bansal, SCF 425, Motor Market,Chandigarh.

Notice No: M/S Shaswat Foods through Sh Rohit Bansal S/o Sh Krishan Kumar Bansal, SCF 425, Motor Market, Chandigarh.

WHEREAS, the revenue field agency has reported that Financial Commissioner-cum- secretary (Rev) to the Government of H.P, Shimla vide his letter No.Rev.B.F(10) 107/228 dated 03-06-2008 has granted permission for the purchase of land comprised in khasra No 509/2,507/2,496,503 measuring 4-07 bighas situated in mauja Kalujanda. Tehsil Kasauli, District Solan in favour of the respondent for the construction of Industrial Unit.

AND WHEREAS, according to the condition No 2 of the permission letter the respondent has to use the land within the period of 2 years for the purpose for which it has been applied, but the respondent has not used the land for the purpose and has applied to sell this land to agriculturist of H. P.

Keeping in view of the report of revenue field agency the respondent is hereby directed to appear in this court on 27-09-2011 at 2.00 P.M in person or through authorized agent to file the reply of the notice failing which ex-parte order will be passed against him and the land will be confiscated to the state of H. P. without giving any notice to the respondent. In the meanwhile the red entry be made in the revenue record.

Given under my hand and the seal of the court this 23rd day of August 2011.

C. PAULRASU, I.A.S. District Collector, Solan, District, Solan. H. P.,3172 राजपत्र, हिमाचल प्रदेश, 20 सितम्बर, 2011/29 भाद्रपद, 1933 HOME DEPARTMENT (C-Section)

NOTIFICATION

Shimla-2, the September, 2011

No. Home-C- (A) 4-1/2008.—In continuation of this department notification No: HOME- C-(A)-4-1/2008 dated 26-11-2009, the Governor of Himachal Pradesh is further pleased to nominate following members to the State Haj Committee, which was constituted as per the provisions made by the Government of India, Ministry of External Affairs (Haj Cell), New Delhi in 'The Haj Committee Act, 2002(No.35 of 2002). :-

Under Section 18 (1) (ii) :

1. Sh. Harun,BDC Member, Village -Bhagawanpur, Member Tehsil-Paonta Sahib,Distt. SIRMAUR. (H. P.).

Under Section 18 (1)(iv) :

2. Sh. Ramzan Mohammad, VPO-Tiyayi Dhar Gujraan, Member Teh.-Amb, Distt.UNA (H. P.).

3. Ms Shamshad Begum, Village &P.O.-Surgani, Tehsil Member Salooni, District Chamba, (H.P.).

4. Sh. Raj Bali, s/o Sh. Noor Ali, Village- Bindhar, P. O. Member Gharan, Teh.- Sadar,Distt.- Mandi.

All these members are non-official members and will be governed as such under the terms & Condition prescribed for them in the aforesaid notification, vide which SHC was constituted. Their term of office will expire with the expiry of the term of present State Haj Committee.

By order, Sd/- Principal Secretary (Home).

_________

अपारम्परिक उर्जा स्त्रोत विभागअपारम्परिक उर्जा स्त्रोत विभागअपारम्परिक उर्जा स्त्रोत विभागअपारम्परिक उर्जा स्त्रोत विभाग

अधिसूचना

शिमला, 19 सितम्बर, 2011

ससससंंंंख्ख्ख्ख्यायायाया एनएनएनएन....ईईईई....एसएसएसएस....-एफ-एफ-एफ-एफ----((((10101010) ) ) ) 3/20063/20063/20063/2006....----हिमाचल प्रदेश के राज्यपाल, हिमाचल प्रदेश सरकार और मैसर्ज शोभला हाइडो पावर लिमिटिड, शोभला कॉम्पलैक्स, ढालपुर, कुल्ल,ू जिला कुल्लू के मध्य जिला कुल्लू में ग्रामंग (5 मै. वा.) लघु जल विद्युत परियोजना के निर्माण के लिए भू-अर्जन अधिनियम, 1894 की धारा 41 के अधीन तारीख 17 सितम्बर 2011 को निष्पादित करार को प्रकाशित करते हैं।

आदेश द्वारा, हस्ताक्षरित/- प्रधान सचिव (एन. ई. एस.)3173 राजपत्र, हिमाचल प्रदेश, 20 सितम्बर, 2011/29 भाद्रपद, 1933 AGREMENT UNDER SECTION 41 OF THE LAND ACQUISITION ACT, 1894

In respect of

(Name of the project: GRAMANG (5 MW)

THIS AGREMENT is made on this 17th day of, September, Two Thousand and Eleven.

BETWEEN

THE GOVERNOR of Himachal Pradesh through the Special Secretary (NES) to the Government of Himachal Pradesh having its office at Civil Secretariat, Shimla-2 (Hereinafter referred to as "Government", which expression unless repugnant to the context or meaning thereof, shall include its successors legal representatives or permitted assigns) of the FIRST PART.

AND

The M/S Shobla Hydro Power Project Private Limited, a Company registered under the Companies Act, 1956 and having its registered office at Shobla Complex Dhalpur Kullu through Shri Sunder Singh Thakur Managing Director, appointed by the Company as its Attorney (hereinafter called "The Company" which expression unless repugnant to the context or meaning thereof, shall include its heirs, successors and assigns) of the SECOND PART.

WHEREAS, upon the application of the Company for the acquisition of surface rights over land required for implementation of GRAMANG (5 MW), the Government of Himachal Pradesh have agreed to acquire the land on behalf of the Company under the provisions of the Land Acquisition Act, 1894 (Act No. 1 of 1894), the pieces or parcels of land described and delineated in the Schedule hereto annexed and situated in the revenue estate of Phati Pichhali Kothi Mangarh and Phati Dunkhari Gahar, Tehsil & Distt Kullu Himachal Pradesh, total measuring 16-07-00 bighas. Having been shown to the satisfaction of the said Government that the proposed acquisition is needed for the implementation of GRAMANG (5 MW) and whereas the Government have called upon the Company under the provisions of section 41 of the Act ibid to enter into an agreement with the Government hereinafter contained.

Now, these presents witness and it is hereby agreed and declared as follows:

1. On demand, the Company shall pay to the Government of Himachal Pradesh all and every compensation in respect of the said land tendered, paid or awarded to be tendered, paid or awarded by the Collector under the Land Acquisition Act, 1894, or by the Court or Courts to which an appeal from the award of the said Court may be preferred and all the costs, charges and expenses of the proceedings in the aforesaid Courts or otherwise incidental to the proposed acquisition or payable in respect thereof under the provisions of the said Act.

2. On demand made by the said Collector, the obligations of the Company under the last preceding clause not being thereby limited, the Company shall deposit with the said Collector such sum or sums of money as in his discretion the said Collector may in anticipation estimate to be necessary for the purpose mentioned in the preceding clause.

3. On payment by the Company of all demands under the foregoing first clause, or, in the discretion of the Government of Himachal Pradesh (On deposit by the Company of all estimated amounts as provided in the section clause) but not before possession shall have been taken under the provisions of the above mentioned Act, the Governor, Himachal Pradesh shall make over possession of the said land to the Company and shall execute and do such all acts and deeds as may be necessary and proper for effectually vesting the same in the Company.

4. In case, Company has offered the land and construction etc. there in as security with the previous sanction of the Government for raising loans from the Financial Institutions/Banks etc. within in India and outside, the Government not withstanding such sanction shall have recourse to its rights for resumption of the land under this clause even during the period such loan is outstanding, if the land is not utilized for the purpose for which it was acquired under the provisions of the Land Acquisition Act, 1894.

5. The said land shall be held by the Company for the purpose for which it is acquired or purpose legitimately connected as is here-in before mentioned and without the sanction in writing of the Government of Himachal Pradesh first had obtained for no other purpose whatsoever.

6. That said construction shall be completed and fully equipped in all respect ready for use within the time schedule as stipulated in the Implementation Agreement for the M/S Shobla Hydro Power Private Limited GRAMANG (5 MW) Hydroelectric Project. Should the said construction not be completed (and fully equipped in all respect ready for use) within the time schedule as stipulated in the Implementation Agreement stated in the last preceding clause or within such further period as in its discretion may be prescribed or allowed by the said Government of Himachal Pradesh or should the said land at any time thereafter cease for used or cease to be required for the purpose or purposes provided for in the foregoing clauses then in any such case, the Government any summarily re-enter upon and take possession of the said land together with all structures/buildings thereon, where such structures/buildings were erected before or after transfer of the land and buildings shall absolutely cease and determine and vest in the State Government free from all encumbrances.

7. The Company shall provide employment to one member of each of the displaced families during the construction period of the project, which shall form part of the rehabilitation plan to be prepared and implemented at the cost of company. During the operation and maintenance of the project, the company shall give preference for employment to the members of the displaced families employed during the construction period.

8. In case of breach of any conditions by the company, the State Government shall have right to determine the agreement by giving 15 days show cause notice to the company. In case, the company fails to explain its position to the satisfaction of the State Government and rectify the breach of the conditions so enumerated in the show cause notice, the State Government shall have absolute right to rescind the agreement and re-enter upon and take possession of the said land together with all structures/buildings thereon and thereupon the interest of the company in the said land and structures/buildings shall cease and determine and vest in the State Government free from all encumbrances.

delivered by their duly authorized representatives, the day, month and year first above written.

-Sd-

For and behalf of ------------------- For and behalf of -Sd- Governor of Himachal Pradesh SHOBLA HYDRO POWER Through Special Secretary (NES) to PVT. LTD. The Government of Himachal Pradesh.

Witness: Witness:

1. Kanti Prashad

Section Officer(NES)

1. Ram Lal, Near Pal House Chattee Shimla.

2. J.N. Sharma Sr. Asstt. NES Deptt.

2. Gaurav Thakur, Vill Bhalarehca Joginder Nagar, Mandi.

_______

Annexure

Details of land acquired for Shobla Hydro Power Gramang ( 5 MW)

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