jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] 'kqØokj 16 ekpZ] 2012@26 QkYxqu] 1933
fgekpy izns'k ljdkj
fof/k foHkkx
vf/klwpuk
f'keyk&2] 15 ekpZ] 2012
la[;k ,y0,y0vkj0&Mh0 ¼6½&32@2009&yst-&Hkkjr ds jk"Vªifr] Hkkjr ds lafo/kku ds vuqPNsn
201 ds v/khu iznRr 'kfDr;ksa dk iz;ksx djrs gq, fnukad 28&2&2012 dks vuqeksfnr fgekpy izns'k uxjh;
fdjk;k fu;a=.k ¼la'kks/ku½ fo/ks;d] 2009 ¼2009 dk fo/ks;d la[;kad 31½ dks o"kZ 2012 ds vf/kfu;e
la[;kad 8 ds :i esa lafo/kku ds vUkqPNsn 348 ¼3½ ds v/khu mlds vaxzsth izkf/kd`r ikB lfgr fgekpy
izns'k jkti= ¼vlk/kkj.k½ esa izdkf'kr djrs gSaA
vkns'k }kjk]
vorkj pUn Mksxjk]
iz/kku lfpo ¼fof/k½A
253&jkti=@2012&16&3&2012 ¼6653½
6654
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
2012 dk vf/kfu;e la[;kad 8-
fgekpy izns'k uxjh; fdjk;k fu;a=.k ¼la'kks/ku½ vf/kfu;e] 2009
¼Hkkjr dh jk"Vªifr egksn;k }kjk rkjh[k 28 Qjojh] 2012 dks ;Fkkvuqeksfnr½
fgekpy izns”k uxjh; fdjk;k fu;a=.k vf/kfu;e] 1987 ¼1987 dk vfèkfu;e la[;kad 25½ dk vkSj
la”kks/ku djus ds fy, vf/kfu;eA
Hkkjr x.kjkT; ds lkBosa o’kZ esa fgekpy izns”k fo/kku lHkk }kjk fuEufyf[kr :Ik esa ;g
vf/kfu;fer gks %&&
1- laf{kIr uke-&bl vf/kfu;e dk laf{kIr uke fgekpy izns”k uxjh; fdjk;k fu;a=.k ¼la'kks/ku½
vf/kfu;e] 2009 gSA
2- /kkjk 2 dk la'kks/ku-&fgekpy izns”k uxjh; fdjk;k fu;a=.k vf/kfu;e] 1987 ¼ftls blesa
blds Ik'pkr~ ^ewy vf/kfu;e^ dgk x;k gS½ dh /kkjk 2 ds [k.M ¼´½ ds LFkku ij fuEufyf[kr [k.M j[kk
tk,xk] vFkkZr~%&&
Þ¼´½ Þfdjk,nkjÞ ls ,slk O;fDr vfHkizsr gS ftlds }kjk ;k ftldh vksj ls fuoklh; ;k vfuoklh;
bekjr ;k fdjk, ij nh xbZ Hkwfe ds fy, fdjk;k lans; gS vkSj blds vUrxZr fdjk,nkjh dh
lekfIr ds Ik'pkr~ dCtk pkyw j[kus okyk fdjk,nkj] fdjk,nkj dh vfHkR;Dr iRuh tks ifr
ds oSokfgd ?kj ;k fdjk,nkjh ifjlj dh vf/kHkksxh jgh gS ;k mlds vf/kHkksx dh gdnkj gS]
fdjk,nkj dh fookg&foPNsfnr iRuh ftlds ikl fookg&foPNsn dh fMØh gS ftlesa oSokfgd
?kj ;k fdjk,nkjh ifjlj esa fuokl dk vf/kdkj] fookg&foPNsn dh fMØh dh ,d 'krZ ds
:i esa lfEefyr gS vkSj ,sls O;fDr dh e`R;q dh n'kk esa bl [k.M ds Øe'k% Li’Vhdj.k -I
vkSj Li’Vhdj.k-II esa fofufnZ’V mÙkjkf/kdkj Øe vkSj 'krks± ds v/;/khu mlds ,sls
mÙkjkf/kdkjh gSa tks bl vfèkfu;e dh vuqlwph-I esa of.kZr gSa vkSj tks mldh e`R;q ds le;
ekewyh rkSj ls mlds lkFk fuokl dj jgs Fks ;k ifjlj esa dkjckj dj jgs Fks] fdUrq blds
vUrxZr ,slk O;fDr ugha gS ftls fdjk,nkj }kjk bekjr ;k fdjk, ij nh xbZ Hkwfe dk
vf/kHkksx fn;k x;k gS] flok; Hkw&Lokeh dh fyf[kr vuqefr ds] ;k og O;fDr ftldks
lkoZtfud eaMh] dkVZ LVSaM ;k o/k'kkyk ds fdjk, ;k Qhl ;k nqdkuksa ds fdjk, dk laxzg.k
Bsds ij ;k iV~Vs ij uxj fuxe ;k uxjikfydk ifj"kn~ ;k uxj iapk;r ;k Nkouh cksMZ }kjk
fn;k x;k gS(
Li"Vhdj.k-I.—dCtk pkyw j[kus okys O;fDr dh e`R;q dh n'kk esa] fdjk,nkjh dh lekfIr ds
Ik'pkr~ mÙkjkf/kdkj dk Øe fuEufyf[kr gksxk%&&
¼d½ izFker%] mldk thfor ifr ;k iRuh(
¼[k½ f}rh;r%] mldk iq= ;k iq=h] ;k nksuksa] ;fn thfor ifr ;k iRuh ugha gS] ;k ;fn thfor ifr
;k iRuh ekewyh rkSj ls e`rd O;fDr ds dqVqEc ds lnL; ds :i esa mldh e`R;q dh rkjh[k
rd e`rd ds lkFk u jgk@jgh gks(
¼x½ r`rh;r%] mlds ekrk&firk] ;fn e`rd O;fDr dk dksbZ thfor ifr ;k iRuh] iq= ;k iq=h ugha
gS] ;k ;fn ,slk@,slh thfor ifr ;k iRuh] iq=] iq=h ;k muesa ls dksbZ e`rd O;fDr dh e`R;q
dh rkjh[k rd ifjlj esa e`rd ds dqVqEc ds lnL; ds :i esa ekewyh rkSj ls u jgk gks( vkSj
¼?k½ prqFkZr%] mldh iq=&o/kw] mlds iwoZ e`rd iq= dh fo/kok gksus ds dkj.k] ;fn e`rd O;fDr dk
thfor ifr ;k iRuh] iq=] iq=h] ;k ekrk&firk ugha gS ;k ,slk thfor ifr ;k iRuh] iq=] iq=h
;k ekrk&firk] ;k muesa ls dksbZ] e`rd O;fDr dh e`R;q dh rkjh[k rd ifjlj esa e`rd ds
dqVqEc ds lnL; ds :Ik esa ekewyh rkSj ls u jgs gksa %
6655
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ijUrq mÙkjkf/kdkjh] e`rd fdjk,nkj dh e`R;q dh rkjh[k rd ifjlj esa mlds dqVqEc ds lnL; ds
:i esa ekewyh rkSj ls jg jgk gks ;k dkjckj dj jgk gks vkSj e`rd fdjk,nkj ij fuHkZj Fkk %
ijUrq ;g vkSj fd fdjk,nkjh dk vf/kdkj] mÙkjkf/kdkjh ij ml n'kk esa U;kxr ugha gksxk tgka ij
og ;k mldk thfor ifr ;k iRuh ;k ml ij fuHkZj dksbZ iq= ;k iq=h fdjk, ij fn, x, ifjlj ls
lEcfU/kr uxjh; {ks= esa] fdlh ifjlj dk Lokeh ;k vf/kHkksxh gSA
Li"Vhdj.k-II.—Li’Vhdj.k-I esa fufnZ’V izR;sd mRrjkf/kdkjh dk] fdjk,nkjh dh lekfIr ds Ik'pkr~
dCtk pkyw j[kus dk vf/kdkj] mldk O;fDRkxr gksxk vkSj ,sls mRrjkf/kdkjh dh e`R;q ij] mlds fdlh
Hkh okfjl dks U;kxr ugha gksxk( vkSjÞA
3- /kkjk 4 dk izfrLFkkiu-&ewy vf/kfu;e dh /kkjk 4 ds LFkku ij fuEufyf[kr /kkjk j[kh tk,xh]
vFkkZr~ %&&
Þ4- ekud fdjk, dk vo/kkj.k-&&¼1½ fu;a=d] bekjr ;k fdjk, ij nh xbZ Hkwfe ds fdjk,nkj ;k
Hkw&Lokeh ds vkosnu ij vkSj ,slh tkap djus ds i'pkr~ tSlh og mi;qDr le>s] ,slh bekjr ;k
fdjk, ij nh xbZ Hkwfe ds fy, ekud fdjk;k fuekZ.k ds izkjEHk dh rkjh[k dks fuekZ.k dh dqy
ykxr vkSj ifjlj esa lekfo"V Hkwfe ds cktkj ewY; ds nl izfr'kr ds vkèkkj ij fu;r djsxkA
fn, x, o’kZ dk ekud fdjk;k vo/kkfjr djus ds fy,] bl izdkj O;qRiUu ekud fdjk, esa fuekZ.k
ds o’kZ ls orZeku o’kZ rd nl izfr'kr dh o`f) dh tk,xhA rFkkfi] vfuoklh; bekjr dh n'kk esa]
,slh bekjr ;k fdjk, ij nh xbZ Hkwfe ds fy, ekud fdjk;k fuekZ.k ds izkjEHk dh rkjh[k dks
fuekZ.k dh dqy ykxr vkSj ifjlj esa lekfo"V Hkwfe ds cktkj ewY; ds iUnzg izfr'kr ds vkèkkj ij
fu;r djsxkA
Li"Vhdj.k-&&ekud fdjk;k fu;r djus ds iz;kstu ds fy,] vuqj{k.k IkzHkkjksa] ikuh vkSj fctyh
izHkkjksa lfgr uxjikfydk djksa dks x.kuk esa fy;k tk,xk %
ijUrq&&
(i) vuqj{k.k izHkkj] ekud fdjk, ds ikap izfr'kr ls vf/kd ugha gksaxs(
(ii) dj] ;Fkkuqikr vk/kkj ij lans; okLrfod dj ds vuqlkj gkasxs( vkSj
(iii) vU; lq[k&lqfo/kk,a] tSls fd ikuh vkSj fctyh] oSlh gksaxh tSlh Hkw&Lokeh vkSj fdjk,nkj ds
chp djkj ikbZ tk,aA
¼2½ mi/kkjk ¼1½ ds v/khu fu;r ekud fdjk;k ml rkjh[k ls lans; gksxk ftldks bl /kkjk ds
v/khu vkosnu Qkby ¼nkf[ky½ fd;k x;k gSAÞA
4- /kkjk 5 dk izfrLFkkiu-&ewy vf/kfu;e dh /kkjk 5 ds LFkku ij fuEufyf[kr /kkjk j[kh tk,xh]
vFkkZr~ %&&
Þ5- dfri; ekeyksa esa ekud fdjk, dk iqujh{k.k-&&¼1½ /kkjk 4 esa ;Fkk micfU/kr ds flok;] tc
Hkwfe ;k fdjk, ij nh xbZ bekjr dk ekud fdjk;k /kkjk 4 ds v/khu fu;r dj fn;k x;k gS] ogka
,sls ekud fdjk, esa dksbZ vfrfjDr o`f) ;k deh rhu o’kZ dh vof/k ds fy, vuqKs; ugha gksxhA
¼2½ rRle; izo`Rr fdlh fof/k ;k fdlh lafonk esa fdlh ckr ds vUrfoZ’V gksrs gq, Hkh]
Hkw&Lokeh] bl vf/kfu;e esa micfU/kr fdjk, esa o`f) ds vfrfjDr] izR;sd rhu o’kZ ds Ik'pkr~
bekjr ;k Hkwfe ds] ;FkkfLFkfr] ekud fdjk, ;k djkj ik, x, fdjk, esa nl izfr'kr dh nj ls
o`f) djus dk gdnkj gksxk %
6656
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ijUrq ,slh o`f) ml ekeys esa gksxh tgka ,slh bekjr ;k Hkwfe fgekpy izns'k uxjh; fdjk;k
fu;a=.k ¼la'kks/ku½ vf/kfu;e] 2009 ds vkjEHk ls Bhd iwoZorhZ rhu o’kZ dh ;k blls vf/kd vof/k
ds fy, rFkk iqu% ,sls vkjEHk ls izR;sd rhu o’kZ ds volku ls fdjk, ij nh xbZ gSA
¼3½ ekud fdjk, esa o`f) Lor% gksrh jgsxh vkSj ;fn Hkw&Lokeh vkSj fdjk,nkj ds chp bl
/kkjk ds v/khu fdjk, esa dh xbZ fdlh o`f) ;k deh dh ckcr dksbZ fookn gksrk gS rks ,sls
fookn dk fofu'p; fu;U=d }kjk fd;k tk,xkAÞA
5- /kkjk 6 dk izfrLFkkiu-&ewy vf/kfu;e dh /kkjk 6 ds LFkku ij fuEufyf[kr /kkjk j[kh tk,xh]
vFkkZr~ %&&
Þ6- dfri; ekeyksa esa ekud fdjk, esa o`f) vuqKs;-&&¼1½ èkkjk 5 ds v/khu ;Fkk micfU/kr ds
flok;] tc bekjr ;k fdjk, ij nh xbZ Hkwfe dk ekud fdjk;k /kkjk 4 ds v/khu fu;r dj fn;k
x;k gS] rks ,sls ekud fdjk, esa dksbZ vkSj o`f) vuqKs; ugha gksxh] flok; mu ekeyksa esa tgka
bekjr ;k fdjk, ij nh xbZ Hkwfe esa Hkw&Lokeh }kjk fdjk,nkj ds fyf[kr vkosnu ij dksbZ ifjo/kZu]
lq/kkj ;k ifjorZu ;k fo'ks’k eqjEer dh xbZ gS %
ijUrq bl mi/kkjk ds v/khu c<+k;k x;k ekud fdjk;k ifjo/kZu] lq/kkj] ifjorZu ;k fo'ks’k
eqjEer dh ykxr ds nl izfr'kr ls vf/kd ugha gksxkA
¼2½ ;fn fdjk,nkj iqujhf{kr ekud fdjk;k nsus esa vlQy jgrk gS] rks og bl vf/kfu;e dh /kkjk
14 ds v/khu csn[kyh ds fy, nk;h gksxkAÞA
6- /kkjk 7 dk izfrLFkkiu-&ewy vf/kfu;e dh /kkjk 7 ds LFkku ij fuEufyf[kr /kkjk j[kh tk,xh]
vFkkZr~ %&&
Þ7- Hkw&Lokeh ekud fdjk, ls vf/kd fdlh ckr ds fy, nkok ugha djsxk-&&bl vf/kfu;e esa
;Fkk micfU/kr ds flok;] tc fu;a=d }kjk /kkjk 4 ds v/khu bekjr ;k fdjk, ij nh xbZ Hkwfe
dk ekud fdjk;k fu;r dj fn;k x;k gS] rks Hkw&Lokeh] ekud fdjk, ;k ,sls ekud fdjk, ls
vf/kd fdlh fdjk, ds vfrfjDr fdlh izhfe;e ;k ,slh gh jkf'k dk nkok ugha djsxk ;k izkIr
ugha djsxk] fdUrq Hkw&Lokeh ,deq'r rhu eghus ds fdjk, ls vuf/kd jkf'k ds fy, vuqcU/k dj
ldsxk vkSj mls vfxze ds :i esa izkIr dj ldsxk%
ijUrq fdjk, ds vfrfjDr ;k ,sls ekud fdjk, ls vf/kd fdjk, dh fdlh jkf'k ds lank; ds
fy, dksbZ djkj vd`r vkSj 'kwU; gksxkAÞA
7- /kkjk 8 dk la'kks/ku-&ewy vf/kfu;e dh /kkjk 8 dh mi/kkjk ¼1½ esa] ^^mfpr fdjk,** 'kCnksa ds
LFkku ij ^^ekud fdjk,** 'kCn j[ks tk,axsA
8- /kkjk 14 dk la'kks/ku-&ewy vf/kfu;e dh /kkjk 14 esa]&&
¼d½ mi/kkjk ¼2½ ds [k.M (i) esa]&&
(i) ^^ukS izfr'kr** 'kCnksa ds LFkku ij ^^ckjg izfr'kr** 'kCn j[ks tk,axs( vkSj
(ii) f}rh; ijUrqd esa ^^Ng izfr'kr** 'kCnksa ds LFkku ij ^^ckjg izfr'kr** 'kCn j[ks tk,axs(
¼[k½ mi/kkjk ¼3½ esa]&&
(i) [k.M ¼d½ vkSj izFke ijUrqd esa ^^fuoklh; bekjr** 'kCnksa ds LFkku ij ^^fuoklh; vkSj
vfuoklh; bekjr** 'kCn j[ks tk,axs(
(ii) [k.M ¼x½ ds Ik'pkr~ fuEufyf[kr ijUrqd vUr%LFkkfir fd, tk,axs] vFkkZr~ %&&
6657
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ÞijUrq bl [k.M ds v/khu csn[ky fd, x, fdjk,nkj dks ewy ifjlj] ftlesa
og fdjk,nkj Fkk] ds lerqY; {ks= esa] iqufuZfeZr bekjr ifjlj esa fdjk,nkjh ds u,
fucU/kuksa ij] Hkw&Lokeh vkSj fdjk,nkj ds e/; vkilh djkj ds vkèkkj ij iqu% izos'k dk
vf/kdkj gksxk %
ijUrq ;g vkSj fd vfuoklh; ifjljksa dh n'kk esa] Hkw&Lokeh fdjk,nkjh ds u,
fucU/kuksa ds v/khu fdjk,nkj dks dkjckj cnyus ds fy, ck/; ugha djsxkA**( vkSj
(iii) [k.M ¼?k½ esa Þfuoklh; bekjrÞ vkSj Þmls ,sls vius iq=Þ 'kCnksa ds LFkku ij Øe'k%
Þfuoklh; vkSj vfuoklh; bekjrÞ vkSj Þmls vius ,sls iq= ;k iq=hÞ 'kCn j[ks tk,axsA(
vkSj
¼x½
mi/kkjk ¼5½ esa Þmlds iq=Þ vkSj Þmldk iq=Þ 'kCnksa ds LFkku ij Þmlds iq= ;k iq=hÞ vkSj
Þmldk iq= ;k iq=hÞ 'kCn j[ks tk,axsA
&&&&&&&
AUTHORITATIVE ENGLISH TEXT
Act No. 8 of 2012
THE HIMACHAL PRADESH URBAN RENT CONTROL
(AMENDMENT) ACT, 2009
(As ASSENTED TO BY THE PRESIDENT OF INDIA ON 28TH FEBRUARY, 2012)
AN
ACT
further to amend the Himachal Pradesh Urban Rent Control Act, 1987 (Act No. 25 of
1987).
BE it enacted by the Legislative Assembly of the Himachal Pradesh in the Sixtieth Year of
the Republic of the India as follows :—
1. Short title.—This Act may be called the Himachal Pradesh Urban Rent Control
(Amendment) Act, 2009.
2. Amendment of section 2.—In section 2 of the Himachal Pradesh Urban Rent Control
Act,1987 (hereinafter referred to as the ‘principal Act’), for clause (j), the following clause shall be
substituted, namely:—
“(j) “tenant” means any person by whom or on whose account rent is payable for a
residential or non-residential building or rented land and includes a tenant continuing in
possession after termination of the tenancy, a deserted wife of a tenant who has been or is
entitled to be in occupation of the matrimonial home or tenanted premises of husband, a
divorced wife of a tenant who has a decree of divorce in which the right of residence in the
matrimonial home or tenanted premises has been incorporated as one of the conditions of
the decree of divorce and in the event of the death of such person such of his heirs as are
mentioned in Schedule-I to this Act and who were ordinarily residing with him or carrying
on business in the premises at the time of his death, subject to the order of succession and
6658
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
conditions specified, respectively in Explanation-I and Explanation-II to this clause,
but does not include a person placed in occupation of a building or rented land
by its tenant, except with the written consent of the landlord, or a person to
whom the collection of rent or fees in a public market, cart stand or slaughter
house or of rents for shops has been farmed out or leased by a Municipal
Corporation or a Municipal Council or a Nagar Panchayat or a Cantonment
Board;
Explanation-I.—The order of succession in the event of death of the person continuing in
possession after the termination of his tenancy shall be as follows:—
(a) firstly, his surviving spouse;
(b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the
surviving spouse did not ordinarily live with the deceased persons as a member of his
family upto the date of his death;
(c) thirdly, his parent(s), if there is no surviving spouse, son or daughter of the deceased
person, or if such surviving spouse, son, daughter or any of them, did not ordinarily
live in the premises as a member of the family of the deceased person upto the date of
his death; and
(d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no
surviving spouse, son, daughter or parent(s) of the deceased person or if such surviving
spouse, son, daughter or parent(s), or any of them, did not ordinarily live in the
premises as a member of the family of the deceased person upto the date of his death:
Provided that the successor has ordinarily been living or carrying on business in the
premises with the deceased tenant as a member of his family upto the date of his death and was
dependent on the deceased tenant:
Provided further that a right to tenancy shall not devolve upon a successor in case he or his
spouse or any of his dependent son or daughter is owning or occupying a premises in the urban area
in relation to the premises let.
Explanation-II.—The right of every successor, referred to in Explanation-I, to continue in
possession after the termination of the tenancy, shall be personal to him and shall not, on the death
of such successor, devolve on any of his heirs; and”.
3. Substitution of section 4.—For section 4 of the principal Act, the following section
shall be substituted, namely :—
“4. Determination of standard rent.—(1) The Controller shall, on application by the tenant
or the landlord of a building or rented land, and after holding such enquiry as he may think
fit, fix the standard rent for such a building or rented land on the basis of 10% of the
aggregate cost of construction and the market price of the land comprised in the premises on
the date of commencement of the construction. The standard rent so derived shall be
increased by 10% from the year of construction to the present year to arrive at standard rent
for the given year. However, in case of non-residential building, the standard rent shall be
fixed on the basis of 15% of the aggregate cost of construction and the market price of the
land comprised in the premises on the date of the construction.
Explanation.—For the purpose of fixation of standard rent, the maintenance charges,
municipal taxes including water and electricity charges shall be taken into account :
6659
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
Provided that—
(i)
the maintenance charges shall not exceed 5% of the standard rent;
(ii) the taxes shall be as per actual tax payable on prorata basis; and
(iii) the other amenities like water and electricity shall be as agreed between the landlord
and the tenant.
(2) The standard rent fixed under sub-section (1) shall become payable from the date on
which the application is filed under this section.”.
4. Substitution of section 5.—For section 5 of the principal Act, the following section
shall be substituted, namely:—
“5. Revision of standard rent in certain cases.—(l) Save as provided in section 4, when the
standard rent of a land or rented building has been fixed under section 4, no further increase
or decrease in such a standard rent shall be permissible for a period of three years.
(2) Notwithstanding anything contained in any law for the time being in force or in any
contract, a landlord shall, in addition to the increase in rent provided in this Act, be entitled
to increase the rent of a building or land at the rate of ten per cent of the standard rent or the
agreed rent, as the case may be, after every three years :
Provided that such increase shall be in a case where such a building or land has been
let out for a period of three years or more immediately preceding the commencement of the
Himachal Pradesh Urban Rent Control (Amendment) Act, 2009 and again with effect from
expiry of every three years from such commencement.
(3) The increase in standard rent shall be automatic and if there is any dispute between the
landlord and the tenant in regard to any increase or decrease in rent under this section, such
dispute shall be decided by the Controller.”.
5. Substitution of section 6.—For section 6 of the principal Act, the following section
shall be substituted, namely:—
“6. Increase in standard rent in certain cases admissible.—(1) Save as provided under
section 5, when the standard rent of a building or rented land has been fixed under section 4,
no further increase in such standard rent shall be permissible, except in cases where some
addition, improvement or alteration or special repairs has been carried out in the building or
rented land by the landlord at the request in writing of the tenant :
Provided that the standard rent increased under this sub-section shall not exceed ten
per cent of the cost of addition, improvement, alteration or special repairs.
(2) If the tenant fails to pay the revised standard rent, he shall be liable for eviction under
section 14 of the Act.”.
6660
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
6. Substitution of section 7.—For section 7 of the principal Act, the following section
shall be substituted, namely:—
“7. Landlord not to claim anything in excess of standard rent.—Save as provided in this
Act, when the Controller has fixed the standard rent of a building or rented land under
section 4, the landlord shall not claim or receive any premium or other like sum in addition
to standard rent or any rent in excess of such standard rent, but the landlord may stipulate
for and receive in advance an amount not exceeding three month’s rent in lump sum:
Provided that any agreement for the payment of any sum in addition to rent, or of rent
in excess of such standard rent, shall be null and void.”.
7.
Amendment of section 8.—In section 8 of the principal Act, in sub-section (1), for the
words “fair rent”, the words “standard rent” shall be substituted.
8. Amendment of section 14.—In section 14 of the principal Act—
(a) in sub-section (2), in clause (i),—
(i)
for the figures and words “9 per cent”, the figures and words “12 per cent’’ shall
be substituted; and
(ii) in second proviso, for the figures and words “6 per cent’’, the figures and words
“12 per cent’’ shall be substituted.;
(b) in sub-section (3),—
(i)
in clause (a) and in first proviso, for the words “residential building’’, the words
and sign “residential and non-residential building’’ shall be substituted;
(ii) after clause (c), the following provisos shall be inserted, namely:—
“Provided that the tenant evicted under this clause shall have the right to re-
entry on new terms of tenancy, on the basis of mutual agreement between the
landlord and the tenant, to the premises in the re-built building equivalent in area
to the original premisses for which he was a tenant:
Provided further that in case of non-residential premises, the landlord
shall not compel the tenant for a change of business under the new terms of
tenancy.’’; and
(iii) in clause (d), for the words “residential building” and “his son”, the words
“residential and non-residential building” and “his son or daughter” shall
respectively be substituted.; and
(c) in sub-section (5), for the words “his son” wherever these occur, the words “his son or
daughter” shall be substituted.
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By order,
Sd/-
Principal Secretary (Transport).
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vkns'k }kjk]
gLrk{kfjr@&
iz/kku lfpo ¼ifjogu½A
&&&&&&
By order,
Sd/-
Principal Secretary (Transport).
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6679
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URBAN DEVELOPMENT DEPARTMENT
NOTIFICATION
Shimla-2, the 14th March, 2012
No. UD-A(3)-7/2011.—In exercise of the powers conferred by sections 6, 31 and 36 of the
Himachal Pradesh Municipal Corporation Act, 1994 (Act No. 12 of 1994), the Governor, Himachal
Pradesh in consultation with the State Election Commission, proposes to make the following rules
or carrying out the purposes of this Act;
Any interested person who has any objection or suggestion with regard to the proposed
rules may send the same to the Principal Secretary (UD) to the Government of Himachal Pradesh
within a period of seven days of the publication of these rules in the Rajpatra, Himachal Pradesh;
Objection(s) or suggestion(s) if any, received within the above stipulated period shall be
considered by the State Government before finalizing the said rules, namely:-
Draft Rules
CHAPTER-I
PRELIMINARY
1.
Short title.—These rules may be called the Himachal Pradesh Municipal
Corporation Election Rules, 2012.
2.
Definition.— (1) In these rules, unless there is anything repugnant in the subject or
the context,-
(i)
"Act” means the Himachal Pradesh Municipal Corporation Act, 1994 (Act No. 12
of 1994);
(ii)
“Agent” means any person appointed in writing by a candidate at an election to
be agent for the purpose of these rules;
(iii)
“Ballot Box” include any box, bag or other receptacle used for the insertion of
ballot paper by electors.
“Commission” means the State Election Commission defined under clause(58) of
section 2.
(iv)
“Delimitation” means the delimitation of wards made under these rules;
(v)
“Deputy Commissioner” means the Deputy Commissioner of the District and
includes such other officer as may be appointed on the recommendation of the
Commission by the State Government to perform the functions of the Deputy
Commissioner for the purposes of these rules;
(vi)
“Divisional Commissioner” means the Commissioner of the Division concerned;
(vii)
“election” means an election of the Councilors, Mayor and Deputy Mayor of
the Corporation;
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(viii) “Elector” means any person entitled to vote at an election of Councilors, Mayor
and Deputy Mayor of the Corporation;
(ix)
"Electoral roll" means the electoral roll of persons of a ward entitled to vote at an
election under these rules;
(x)
“Electoral Registration Officer (Municipal Corporation)” means an officer
appointed by the Commission for the purpose of preparation of electoral rolls in
accordance with these rules.
(xi)
"Form" means a form appended to these rules;
(xii)
“Government” means the Government of Himachal Pradesh;
(xiii) "Oath of allegiance" means the oath and affirmation of allegiance specified under
sub-section (1) of section 33;
(xiv) “Office Bearer” means a person elected as Mayor or Dy. Mayor or Councilor, as
the case may be by the voters of the Corporation;
(xv)
“Polling Station” means the place fixed by the Returning Officer for the
conduct of election to the Corporation;
(xvi) “population” means the population as ascertained at the last preceding census of
which the relevant figures have been published;
(xvii) "Revising Authority” means a Gazetted Officer or an Executive Magistrate who
may be appointed by the Electoral Registration Officer (Municipal Corporation)
as the revising authority in respect of electoral roll of a ward or a part thereof ;
(xviii) “section” means section of the Act;
(xix) "Symbol" means a symbol which may be allotted to a candidate for contesting
election under these rules;
(xx)
"Treasury" means a treasury or sub treasury of the State Government and includes
a bank through which the business of such treasury or subtreasury has been made
over: and
(xxi) "ward" means a ward for the representation of which an office bearer is to be or has
been elected under these rules, (2) Words and expressions used but not defined in
these rules shall have the same meanings as are respectively assigned to them in the
Act.
CHAPTER-II
DELIMITATION AND RESERVATION OF WARDS
3.
Municipality to be divided into wards.—(1) For holding of election to Corporation
it shall be divided into wards.
(2)
The number of wards in a Corporation shall be determined in accordance with the
provisions of section 6.
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4.
Limit of wards.—(1) As far as practicable each ward shall have equal population,
through out the municipal area and each ward shall be geographically compact and contiguous in
areas, and shall have recognizable boundaries, such as roads, paths, lanes, streets, stream, canals,
drains, Bridges, Railway lines or such other marks or boundaries which can be easily distinguished.
(2)
One councilor shall be elected from each ward.
(3)
Each ward shall be described and notified invariably in such a manner that its
boundaries are clearly recognizable on ground.
5.
Name and number of the wards.—Each ward shall be known by the number given
serially and a name shall also be given to it.
6.
Delimitation of wards.—(1) When a direction is given under section 9 by the
Commission, the Deputy Commissioner shall make a proposal for delimitation of wards by
dividing the municipal area into wards as per provisions of section 6 and shall also define the limits
of each such ward and keep the same open for inspection in his office and in office of the
Corporation and issue a notice inviting public objections from the residents in relation to such
proposal in Form-I by affixing a copy of such notice in his office and in the office of the
Corporation.
(2)
While issuing notice, the Deputy Commissioner shall call for objection(s) to the
draft delimitation proposal from the residents of the Municipal area within a period of ten days to
be made to him in writing by any resident of the ward in Form-II.
7.
Disposal of objections.—The Deputy Commissioner on receipt of objection(s), if
any, under rule 6, shall inquire into the same and shall decide them within a period of ten days,
after giving an opportunity of being heard to the person filing such objections.
8.
Appeal.—Any person aggrieved by the orders of the Deputy Commissioner may
file an appeal to the Divisional Commissioner within a period of ten days who after giving an
opportunity of being heard to the applicant shall decide the same within a period of ten days and
communicate the order to the Deputy Commissioner. The order passed by the Divisional
Commissioner shall be final.
9.
Final publication.—(1) After all the objections have been heard and finally
decided, the delimitation so made shall be finalized within a period of 45 days from the date of
initial publication of the proposal for delimitation by affixing a copy of the same in the office of the
Deputy Commissioner, the municipality and at such other places as the Deputy Commissioner may
decide and a copy of the same shall be sent to the Government.
(2)
On receipt of final delimitation order from the Deputy Commissioner the State
Election Commission shall notify the delimitation of wards of the municipality in the Official
Gazette.
(3)
The copies of these finalized delimitated wards shall be available for inspection in
the office of the Deputy Commissioner and the Corporation. Any voter can have a copy of
delimitation order by making payment of Rs. 50/- against receipt total to the Deputy
Commissioner and the same shall be made available to him immediately.
10.
Reservation and Rotation of Seats of Councillors.—(1) The seats shall be
reserved for the Scheduled Castes and Scheduled Tribes in proportion to their population. The seat
in ward having highest percentage of population of Scheduled Castes shall be reserved for the
6682
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members of the Scheduled Castes and seat in the ward having the highest population of Scheduled
Tribes shall be reserved for the Scheduled Tribes.
(2)
If the number of seats to be reserved for the members of Scheduled Castes or
Scheduled Tribes is more than one, then the seat in ward having the next highest percentage of
Scheduled Castes and Scheduled Tribes shall be reserved for the members of the Scheduled Castes
and Scheduled Tribes, as the case may be, and so on:
Provided that if the total population of Scheduled Castes and Scheduled Tribes in a
municipal area is less than 5% of the total population, then no seat shall be reserved for them.
(3)
Out of the seats reserved for members of Scheduled Castes and Scheduled Tribes,
one – half of the seats shall be reserved for women members belonging to Scheduled Castes and
Scheduled Tribes, as the case may be. The reservation of seats for Scheduled Castes and
Scheduled Tribe Women, as the case may be, shall be made by draw of lots.
Provided that if the number of seats reserved is not more than one, then there shall be
reservation for men and women belonging to Scheduled Castes and Scheduled Tribes, as the case
may be , alternatively, after every five years;
Provided further that if the number of seats reserved for the members of Scheduled castes
and Scheduled Tribes, as the case may be, are two then atleast one ward shall be reserved for the
women member belonging to Scheduled Castes and Scheduled Tribes, as the case may be.
(4)
In the corporation out of the total wards formed under rule 9, one –half of the seats
shall be reserved for women including the reservation made under sub-rule(4) and in computing
these seats if the remainder after dividing is one, then in the first election the seats reserved for
women shall be increased by one and in the next election it shall not be added and so on.
(5)
The seats reserved for Scheduled Castes and Scheduled Tribes and Women
belonging to Scheduled Castes and Scheduled Tribes on the basis of percentage of population shall
be changed in the nexty election and at the time of following elections, the seats of the ward /
wards, containing the next highest percentage of population shall be reserved for members of
Scheduled Castes and Scheduled Tribes including Women belonging to Scheduled Castes and
Scheduled Tribes and the seat of the ward earlier reserved shall be kept open to the members of the
*general category and so on for subsequent elections.
Explanation.—General category herein above includes men or women or both belonging to
this category.
(6)
The reservation of seats for Women shall be made by draw of lots after excluding
the seats which have been reserved for Scheduled Castes and Scheduled Tribes candidates
including women belonging to Scheduled Castes and Scheduled Tribes, as the case may be.
(7)
The Deputy Commissioner shall issue a three days clear notice specifying therein
the date, place and time of the draw of lots and such notice shall be affixed on the notice board of
his office and that of the Corporation and he shall also proclaim it by beat of drums within the
municipal area. The draw shall take place on the date, place and time specified above in the
presence of atleast three prominent persons of the municipal area and three gazetted officers of the
Government.
(8)
No ward shall be reserved for Scheduled Casts and Scheduled Tribes Candidates in
two consecutive elections.
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(9)
Notwithstanding anything contained in these rules, the roster of reservation of seats
for women shall operate from the initial stage for the elections to be held after the commencement
of the above rules as if said elections are being conducted for the first time and thereafter, the
reservation of seats shall be rotated to different wards of Corporation under this rule:
(10)
The reservation made by the Deputy Commissioner shall be given wide publicity by
him by affixing a copy of the order of such reservation on the notice board of his office and that of
the Corporation and be shall also sent a copy of the same to the Government.
11.
Report to Commission.—The Government shall cause to be delivered a copy of
final reservation order made by it immediately to the State Election Commission.
CHAPTER-III
RESERVATION AND ROTATION OF OFFICE OF MAYOR
12.
Reservation and rotation of the office of Mayor.—(1) The reservation for the
office of Mayor shall be as under:-
(i)
During first five year General
(ii)
During second five year Women
(iii)
During next five year SC
(iv)
During next five year ST
Provided that where the population of any class of persons referred to above is less than
fifteen per cent of the total population of the Corporation area, the office of Mayor shall not be
reserved for that class and same shall be open to all categories.
(2)
The roster of reservation in sub-rule (1) shall be repeated after completion of one
cycle.
13.
Report to Commission.—The Government shall cause to be delivered a copy of the
order regarding final reservation and rotation of office of Mayor made by it immediately to the
Commission.
CHAPETER-IV
ELECTORAL ROLLS
14.
Electoral roll for every ward.—(1) For each ward or polling station of a
Corporation, there shall be a electoral roll which shall be prepared in the manner specified in rules
15 to 29 by the Electoral Registration Officer under the superintendence, direction and control of
the Commission:
Provided that nothing in this rule shall prevent the use of the relevant part of the current
electoral rolls of the Assembly constituency for the preparation of draft rolls for the elections under
these rules.
(2)
The electoral rolls shall be prepared in Hindi Devnagari Script in such form as may
be directed by the State Election Commission.
15.
Preparation of Electoral Roll.—When a direction is given under rule 14 by the
Commission, the Electoral Registration Officer shall cause to be prepared electoral roll, for each
ward or part there of the Corporation, in accordance with these rules.
16.
Disqualification for registration in electoral rolls.—(1) A person shall be
disqualified for registration in an electoral roll, if he, –
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(a)
is not a citizen of India; or
(b)
is of unsound mind and stands so declared by a competent court; or
(c)
is for the time being disqualified for voting under the laws relating to corrupt
practices and other offences in connection with elections to municipalities or
Assembly or Parliament; or
(d)
is not ordinarily resident of the ward; or
(e)
is less than 18 years of age on or before 1st January or the date as may be notified
by the Commission for the preparation or revisions of electoral rolls as the case may
be; or
(f)
is already registered as elector in any other municipality or Gram Sabha, as the
case may be.
(2)
A person shall be entitled to be registered in the electoral rolls for only one ward of
the Corporation.
(3)
A person shall not be deemed to be ordinarily resident in a ward on the ground only
that he owns, or is in possession of dwelling house therein. A person absenting himself temporarily
from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident
therein.
17.
Publication of electoral roll in draft.- (1) Once the draft electoral roll of a ward
is ready, the Electoral Registration Officer shall publish it in draft according to programme
issued by the Commission together with a notice in Form-3 and make available copies thereof for
inspection at his office, and in the offices of the Corporation and Tehsil concerned.
(2)
The notice under sub-rule (1) shall also be given publicity through news-papers
having large circulation in the area, All India Radio, by beat of drum in the town and by affixing
copies of such notice in his office and office of the Corporation and the Tehsil concerned and at
such other conspicuous place where the public has free access. The notice shall contain the date by
which objections or claims may be filed and the authority or authorities to whom they may be
presented.
18.
Period for lodging claims and objections.—Every claim for the inclusion of name
in the electoral roll and every objection to an entry therein shall be lodged within a period of 10
days from the date of publication of draft electoral roll under rule 17, or within such period as may
be fixed by the Commission in this behalf.
19.
Appointment of Revising Authorities.—The Electoral Registration Officer may
appoint one or more Revising Authority(ies) for the purpose of hearing claims and objections
relating to electoral roll of a ward or wards. These appointments as and when made shall be
given wide publicity.
20.
Manner of lodging of claims and objections.—(1) A claim or objection shall be
addressed to the Revising Authority specified in the notice referred to in rule 19 and shall be
presented to it personally or sent by registered post. Every claim for inclusion of name, objection to
the inclusion of the name or objection to the particulars in any entry in the electoral roll shall be in
Forms 4,5 or 6, as the case may be.
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(2)
A claim shall be signed by the person desiring his name to be included in the
electoral roll and countersigned by another person whose name is already included in the electoral
roll in which the claimant desires his name to be included and shall, unless sent by post, be
presented by claimant himself or by a person authorized by him in writing in this behalf.
(3)
No person shall prefer an objection to the inclusion of any name in the electoral roll,
unless his name is already included in that electoral roll of the Corporation.
(4)
The Revising Authority shall maintain a register of claims, in Form-7, a register of
objections to the inclusion of names in Form-8, and a register of objections to the particulars in any
entry in Form-9, and cause to be entered therein the time of their receipt, particulars of every claim
or objection, as the case may be.
(5)
Any claim or objection, which is not lodged within the specified period or in the
manner herein specified, shall be rejected and the decision shall be recorded in theregister prepared
in Forms 7, 8 and 9, as the case may be.
21.
Notice of claims and objections.—(1) Where a claim or objection is not rejected
under sub role (5) of rule 20, the Revising Authority shall after the period specified for the
presentation of claims and objections has expired, exhibit on the notice board of hisoffice, a list of
all claims or objections in Forms 10, 11 and 12, as the case may be.
(2)
Every claimant and objector shall be given a notice regarding place, date and time of
hearing of such claim or objection and shall further be asked to adduce such evidence, as he may
like to adduce in Forms 13, 14 and 16, as the case my be.
(3)
A person against whom objection has been received by the Revising Authority for
the inclusion or deletion of his name in or from the electoral roll shall also be given a notice in
Form 15 of the place, date and time fixed for hearing of objection, at his last known place of
residence and be asked to adduce such evidence as he may like to adduce for his defense.
22.
Disposal of claims and objections.—(1) On the date, time and place fixed under
the provisions of rule 20, the Revising Authority shall hear and decide within 10 days or such
shorter period as may be specified by the Commission the claims and objections under the
provisions of these rules, and shall record his decision in the registers in Forms 7, 8 and 9, as the
case may be.
(2)
Copy of the order relating to the objection shall be given on payment of Rs. 15/- to
the claimant against receipt and objector immediately, if he is present. Otherwise he can get the
copy of the same on payment of Rs. 25/- in cash against receipt.
(3)
Any person aggrieved by an order passed under the provisions of sub-rule (1), may,
within 3 days from the date of the order, file an appeal to Electoral Registration Officer, who
shall as far as practicable, within a week, decide the same.
(4)
If it appears to the Electoral Registration Officer that due to inadvertence or error
during the preparation of draft electoral rolls, names of electors have been left-out of the electoral
roll or the name of dead persons or persons who ceased to be or are notordinarily resident in the
ward have been included in the electoral roll or certain voters have been shown in the wrong
ward or polling station and that remedial action is required to be taken under this sub-rule, be
shall within seven days from the date of publication of draft electoral roll -
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(a)
prepare a list of the name and other particulars of such electors;
(b)
exhibit on the notice board of his office a copy of the list together with a notice as to
the date(s) and place (s) at which the matter of inclusion of the names in electoral
roll or deletion of the names from the electoral roll shall be considered; and
(c)
after considering any verbal or written objection that may be preferred, decide
whether all or any of the names may be included in or deleted from the electoral roll.
23.
Final publication of electoral roll.—(1) The Revising Authority as soon as it has
disposed of all the claims or objections presented to it, shall forward the same along with the
register of such claims or objections and the orders passed by it thereon to the Electoral
Registration Officer , who shall cause the electoral roll to be corrected in accordance with such
orders or the orders passed on appeal by him under sub-rule (3) of rule-22 and corrections
consequential to sub rule (4) of rule 22, as the case may be, and shall publish the final electoral
roll, on a date fixed by the Commission by making a complete copy thereof available for
inspection and display a notice thereof in Form-I7 in his office and also in the offices of the
Corporation and the Tehsil concerned.
(2)
On such publication, the electoral roll with or without amendments shall be the
electoral roll of the ward and shall come into force from the date of its publication under this rule.
24.
Special Revision of electoral rolls.—Notwithstanding anything contained in rule
23, the Commission may at any time, for the reasons to be recorded, direct a special revision for
any ward in such a manner as it may think fit :
Provided that, subject to, other provisions of these rules, the electoral rolls for the wards as
in force at the time of the issue of any such directions shall continue to be in force until the
completion of the special revision, so directed.
25.
Correction of entries in Electoral Rolls.—If the Electoral Registration Officer
on an application in Form-6 or in Form-18 made to him, or on his own motion, is, satisfied, after
such inquiry as he thinks fit, that any entry in the electoral roll -
(a)
is erroneous or defective in any particular;
(b)
should be deleted on the ground that the person concerned is dead or has ceased to
be ordinarily resident or is otherwise not entitled to be registered in that electoral
roll, he shall amend or delete the entry:
Provided that before taking any action on any ground under clause (a) or clause (b), the
Electoral Registration Officer shall give the person concerned a reasonable opportunity of being
heard in respect of the action proposed to be taken in relation to him:
Provided further that an application under this rule at any time after the publication of the
election programme under rule 33 shall be made to the Electoral Registration Officer not later
than 8 days before the last date fixed for the filing of nomination papers.
26.
Inclusion of names in electoral roll, finally published.—(1) Any person, whose
name is not included in the electoral roll, shall make an application in Form-4 (in duplicate) to the
Electoral Registration Officer for inclusion of his name in that electoral roll, and such application
shall be accompanied by a fee of Rs. 50/- to be paid in cash against receipt:
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Provided that after the publication of the election programme under rule 33 such an
application shall be made not later than 8 days before the last date for the filing of nomination
papers.
(2)
The Electoral Registration Officer shall immediately on receipt of application
under sub-rule (1) paste one copy thereof in some conspicuous place at his office and invite
objections thereto to be filed within a period of 4 days from the date of such pasting.
(3)
The Electoral Registration Officer shall, as soon as may be, after the expiry of the
period as specified in the notice under sub-rule (2), consider the objections, if any received by him
and shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct such
name to be included therein accordingly:
Provided that if the applicant whose name is ordered to be included, is already registered in
the electoral roll of any other ward such a name shall be deleted from that electoral roll.
(4)
Where an application made under sub-rule (1) is rejected, an appeal shall lie, within
period of ten days from the date of rejection of the application for the inclusion of name or deletion
of name to the Divisional Commissioner and the appeal shall be accompanied by a fee of Rs. 50/-
to be paid in cash against receipt. The Divisional Commissioner shall decide the appeal within 7
days after giving opportunity to the party concerned of being heard and the order passed on such
appeal shall be final.
(5)
No amendment, transposition or deletion of any entry shall be made on or after
the last date for making nomination till the election process is over.
27.
Custody and preservation of electoral roll and connected papers.—(1) After the
electoral roll for a ward has been finally published, the following papers shall be kept in the office
of the Electoral Registration Officer or at such other place as the Commission may by order
specify until the said electoral roll remains in force:-
(a)
complete spare copies of the electoral roll;
(b)
papers relating to claims and objections and orders under rule 22;
(c)
applications under rules 25 and 26 and decisions thereon;
(d)
papers relating to appeals under sub-rule (4) of rule 19; and
(e)
manuscript and other papers if any prepared by enumerating agencies and used for
compiling the roll.
(2)
One complete copy of the electoral roll for each ward duly authenticated by the
Electoral Registration Officer shall also be kept at such places as the Commission may specify
till the new electoral roll is finally published.
28.
Inspection of electoral rolls and connected papers.—Every person shall have the
right to inspect the electoral rolls under rule 27 and get a copy thereof on payment of Rs. 10/-per
page or part thereof to be paid in cash-against a receipt.
29.
Disposal of electoral rolls and connected papers.—The papers under rule 27
shall, on the expiry of the period specified therein, be disposed of in such manner as the State
Election Commission may direct.
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CHAPTER-V
OFFICERS AND THEIR DUTIES
30.
Returning Officers and their duties.—(1) The Commission shall appoint the
Deputy Commissioner of the District or such other officer, as it may deem fit to be the Returning
Officer in respect of elections for the Corporation.
(2)
The Returning Officer shall appoint as many Assistant Returning Officers as may be
necessary to perform all or any of his duties.
(3)
It shall be the duty of the Returning Officer to do all such acts and things as may be
necessary for effectively conducting the election in the manner provided by these rules or orders
made there-under.
(4)
The Returning Officer shall fix such number of polling stations for every ward as he
may deem necessary and shall publish on the date specified by the Commission in this behalf, by
pasting a list thereof at his office and at the office of the Corporation showing therein clearly the
polling area:
Provided that no polling station shall be located in a police station, hospital or a place
having sectarian or religious significance:
Provided further that as far as possible the polling station shall be located in a Government,
Semi Government or Municipal buildings, and in case no such building is available, the polling
station shall be located in a temporary structure.
31.
Appointment of polling personnel.—(1) The Returning Officer shall appoint
Presiding Officers and such number of Polling Officers, as he thinks necessary, in respect of each
polling station:
Provided that if the Polling Officer is absent from the polling station, the Presiding Officer
may appoint any Government or Semi-Government or Municipal servant, who is present at the
polling station, as a polling officer during the absence of the former Officer and inform the
Returning Officer accordingly.
(2)
If the Presiding Officer, owing to illness or any other unavoidable cause is absent
from the polling station, his functions shall be performed by such polling officer, as has been
previously authorized by the Returning Officer to perform such functions during any such absence.
32.
Duties of the Deputy Commissioner and other officers/staff.—(1) The Deputy
Commissioner/District Magistrate and other officers/staff shall subject to the supervision and
control of the State Election Commission do all such acts and things as may be necessary for
effectively conducting the elections in the manner provided by these rules or orders made there-
under.
(2)
The officers or staff employed in connection with the preparation, revision and
correction of the electoral rolls for and the conduct of elections shall be deemed to be on deputation
with the Commission for the period during which they are so employed and such officers and staff
shall, during that period, be subject to the control, superintendence and discipline of the
Commission.
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CHAPTER-VI
CONDUCT OF ELECTIONS
33.
Election Programme.—(1) The State Election Commissioner shall frame a
programme of general elections of the Corporation or a programme to fill up any casual vacancy in
a Corporation or hold election to a Corporation which has been dissolved (hereinafter referred to as
"election programme").
(2)
The election programme shall specify the date or dates on, by,or within which -
(i)
the nomination papers shall be presented;
(ii)
the nomination papers shall be scrutinized;
(iii)
a candidate may withdraw his candidature;
(iv)
the list of contesting candidates shall be affixed:
(v)
the list of polling stations shall be pasted;
(vi)
the poll, if necessary shall be held on……..…….from…………….. A.M.
to………………… P.M. (the hours of poll shall not be less than six hours).
(vii) the counting in the event of poll, shall be done………….………… (here
time and, place fixed for the purpose shall also be specified) ; and
(viii) the result of the election shall be declared.
(3)
The election programme shall be published seven days before the date of filing of
nomination papers by pasting a copy at the office of the Deputy Commissioner, Tehsil and
Corporation and at such other conspicuous places in the said Corporation as may be determined by
the Deputy Commissioner in this behalf.
(4)
The period for filing of nomination papers shall be three working days and the date
of scrutiny shall be the next working day from the last date of filing of nomination papers. The date
of withdrawal shall be the third working day from the date of scrutiny. The date for affixing the list
of contesting candidates shall be the same as fixed forwithdrawal of candidature. The list of polling
stations shall be published approximately one month before the date of poll or on a date as may
be specified by the Commission. The gap between the date of withdrawal and the date of poll
shall atleast be fifteen days and the day of poll shall preferably be a Sunday or any gazetted
holiday.
(5)
The Commission may by an order amend, vary or modify the election programme:
Provided that unless the Commission otherwise directs no such order shall be deemed to
invalidate any proceedings taken before the date of the order.
34.
Notice of election.—(1) The Returning Officer shall on the date on which the
election programme is issued by the Commission under rule 33 shall affix a notice in Form-19 at
his office, and at the office of the Tehsil and the Corporation, and such other places as the
Returning Officer may determine to -
(a)
invite nomination papers of candidates for election ;
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(b)
fix the date, time and place for submitting the nomination papers;
(c)
specify the authority to whom nomination shall be submitted;
(d)
fix the date, time and place for the scrutiny of nomination papers :
(e)
fix the date, time and place and authority for the receipt of notice of withdrawals;
(f)
fix the date, time and place for the allotment of symbols; and
(g)
fix the date and time of poll , if necessary.
Explanation.—The dates fixed under clauses (b), (d), (e) and (g) shall be the same as
specified under rule 33 in this behalf.
(2)
For the purpose of election, the Commission the Returning Officer may on
payment of compensation to the owner or the person in possession or having control over it,
requisition any premises, vehicle, vessel or animal and may, after the election, release it from the
requisition;
Provided that where any premises, vehicle, vessel or animal, belonging to or owned by the
State Government or its instrumentalities, is requisitioned the compensation payable there for shall
not exceed the amount as may be determined by the State Government from time to time.
35.
Notification of symbol.—The Commission shall , by notification published in the
Official Gazette, specify the symbols that may be allotted to the candidates at an election to the
Corporation and may amend or vary the list of symbols from time to time.
36.
Classification of symbols.—(1) For the purpose of these rules symbols are either
reserved or free.
(2)
A reserved symbol is a symbol which is reserved for a recognized political party for
exclusive allotment to contesting candidates set up by that party.
(3)
A free symbol is symbol other than a reserved symbol.
37.
Nomination of candidates for election.- (1) (a) Any person registered as a voter
within the Corporation, may be nominated as a candidate for the post of Mayor /Deputy Mayor
by another person, who is a registered voter in the electoral roll of the municipality.
(b)
Any person registered as a voter within the Corporation, may be nominated as a
candidate for the post of Councilor of a ward by another person, who is registered voter in the
electoral roll of that ward of the Corporation.
(2)
The nomination paper in Form-20 duly filled up and signed by the proposer and
candidate shall be delivered to the authority specified under clause (c) of sub-rule(1) of rule 34 by
each candidate either in person or by his proposer between 11 A.M. and 3.00 P.M. on the date
specified for the filing of nomination papers.
(3)
In any ward/municipality which is reserved for the members of Scheduled Castes
and Scheduled Tribes, the nomination paper shall not be treated as valid, unless it contains a
declaration by the candidate specifying particular caste or tribe of which he is a member and the
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candidate submits a certificate issued by the competent authorityauthorized by the State
Government, certifying that the candidate belongs to such Scheduled caste or Scheduled tribe, as
the case may be.
(4)
On the presentation of the nomination papers, the Returning Officer shall satisfy
himself about the name and the serial number of the candidate and his proposer, as entered in the
nomination paper are the same as those entered in the electoral roll :
Provided that not more than three nomination papers shall be presented by or on behalf of
any candidate or accepted by the Returning Officer for election in the same ward/municipality:
Provided further that the Returning Officer shall permit any clerical or technical error in the
nomination papers in regard to the said nomination papers in regard to the said names or numbers
to be corrected in order to bring them in conformity with the corresponding entries in the Electoral
Roll and where necessary direct that any clerical or printing error in the said entries shall be
ignored.
38.
Security deposits.—(1) A candidate shall not deemed to have been nominated for
election unless he has deposited or cause to be deposited as security with the ReturningOfficer in
cash against receipt the following sum of money:-
(a)
In case of a Mayor/Deputy Mayor of Corporation a sum of Rs. 5000/- but in
case where a candidate is woman or a member of Scheduled castes or
Scheduled Tribes, a sum of Rs.3000/-.
(b)
In case of Councilor of Corporation from any constituency a sum of *Rs. 3000/-
but in case where a candidate is woman or a member of Scheduled castes or
Scheduled Tribes, a sum of Rs. 2000/- :
Provided that where a candidate has been nominated by more than one nomination paper for
election in the same ward/municipality, not more than one deposit shall be required under this rule.
(2) If a candidate by whom or on whose behalf the security has been deposited, withdraws his
candidature within the time specified in rule 34 or if the nomination ofany such candidate is
rejected the security deposit shall be refunded to the person bywhom it was made or if such person
is dead, to his legal representatives, after the date of declaration of result of election.
(3)
If the contesting candidate is not elected and the number of valid votes polled by
him is less than one sixth of the total number of valid votes polled, the security deposited shall be
forfeited to the State Government.
(4)
If the security deposited is not forfeited under sub-rule (3), the same shall be
refunded to the candidate by whom it was made or if he is dead, to his legal representatives, after
the notification of the result of election is issued and published in the Official Gazette.
39.
Notice of Nominations.—The Returning Officer shall on receiving the nomination
papers under sub rule(2) of rule 37 enter on the nomination papers it’s serial number and shall sign
thereon a certificate stating the date on which and the hour at which, the nomination paper has been
delivered to him. A notice of nominations in Form-21 containing description similar to those
contained in the nomination papers both of the candidate and his proposer shall be affixed in some
conspicuous place in his office.
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40.
Scrutiny of nomination papers.—(1) On the date fixed for the scrutiny of
nomination papers under rule 34 the candidate and one other person duly authorized inwriting by
each candidate, may attend process of scrutiny and the Returning Officer shall give them all
reasonable facilities for examining the nomination papers of all the candidates which have been
received by him within the time and in the manner laid down in rule 37.
(2)
The Returning Officer shall examine the nomination papers and decide all
objections which may be made to any nomination and may, either on such objection oron his own
motion after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of
the following grounds, namely :-
(a)
that on the date fixed for the scrutiny of nomination, the candidate either is not
qualified or is disqualified for being chosen to fill the seat under the provisions of
these rules or the Act or any other law for the time being in force; or
(b)
that there has been a failure to comply with any of the provisions of rule 37 or rule
38; or
(c)
that the signature of the candidate or the proposer on the nomination paper is not
genuine.
(3)
Nothing contained in clause (b) or clause (c) of sub-rule (2) shall be deemed to
authorize the rejection of other nomination of the same candidate where such rejection is not
warranted.
(4)
The Returning Officer shall hold the scrutiny on the date and time appointed in this
behalf under clause(d) of rule 34. The process of scrutiny once started shall not be adjourned,
except, when such proceedings are interrupted or obstructed by riots, open violence or by causes
beyond the control of the Returning Officer :
Provided that in case an objection is raised by the Returning Officer or is made by the
candidate or the person duly authorized in writing by the candidate, the candidate concerned may
be allowed time to defer it not later than the day next to the day of scrutiny and the Returning
Officer shall record his decision on the date to which the proceedings have been adjourned.
(5)
The Returning Officer shall record on each nomination paper his decision accepting
or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief
statement of reasons for such rejection.
(6)
For the purpose of this rule, an entry in the electoral roll for the time being in force
of a ward shall be conclusive evidence of the fact that the person referred to in that entry is a voter
for that ward.
(7)
Immediately after all the nomination papers have been scrutinized and the decision
accepting or rejecting the same have been recorded, the Returning Officer shall prepare in Form 22
a list of validly nominated candidates that is to say, candidates whose nomination have been found
valid and affix on the notice board at the office of the Returning Officer.
41.
Withdrawal of candidature.—(1) Any candidate may withdraw his candidature by
notice in writing in Form 23 subscribed by him and delivered to the Returning Officer or the
Authority specified in this behalf under clause (e) of rule-34, before 3 P.M. on the date specified in
the said rule, and no person who has thus withdrawn his candidature shall be allowed to cancel the
notice of such withdrawal.
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(2)
Upon receiving a notice of withdrawal of candidature, the Returning Officer or the
specified authority shall cause a notice in Form 24 to this effect to be affixed in some conspicuous
place in his office.
42.
List of contesting candidates.—(1) On completion of the scrutiny of the
nomination papers and after the expiry of the period within which candidature may be withdrawn
under rule 41 the Returning Officer shall forthwith prepare a list of contesting candidates in Hindi
in Form 25 and cause it to be affixed on the notice board of his office and shall also supply a copy
thereof, to each of the contesting candidates and on demand to its election agent.
(2)
The said list shall contain in Hindi in Devnagari script the names in alphabetical
order and the addresses of the contesting candidates as given in the nomination papers.
43.
Allotment of symbols to candidates.—(1) After the list of contesting candidates is
prepared , if the number of candidates is more than one, the Returning Officer shall, to Page- 16 -
every contesting candidate -
(a)
Where such a candidate is set up by a political party at any election in
ward/municipality allot the election symbol reserved for that party by the Election
Commission of India; and
(b)
Where such a candidate is not set up by a political party, allot the free symbol
according to the serial number in the list of contesting candidates, and out of the
approved free symbols, in accordance with the serial number of the free election
symbols specified in notification under rule 35.
(2)
In every case where an election symbol has been assigned to a candidate under
subrule (1) such candidate shall forthwith be informed of the election symbol so assigned and be
supplied with a specimen there of by the Returning Officer. In that event the listof contesting
candidates shall also contain election symbol allotted to each candidate.
44.
When a candidate shall be deemed to be set up by a political party.—For the
purpose of these rules, a candidate shall be deemed to be filled up by a political party if, and only
if-
(a)
the candidate has made a declaration to that effect in his nomination paper,
(b)
a notice in writing to that effect has not later than 3.00 P.M. on the last day of
withdrawal of candidature been delivered to the Returning Officer and the said notice is signed by
the President or the Secretary or any other office bearer of the party, provided the President or
Secretary or such other office bearer is authorized by the party to send such a notice and the name
and specimen signatures of suchauthorized person are communicated to the Returning Officer and
to the Secretary State Election Commission not later than 3.00 P.M on the last date for the
withdrawal of candidature.
45.
Appointment of Election Agent.—If a candidate desires to appoint an election
agent, such appointment shall be made as per Form 26 either at the time of delivering the
nomination paper or at any time before election.
46.
Appointment of polling agent.—(1) The number of polling agents, that may be
appointed by a candidate shall be one for each polling station.
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(2)
Every such appointment shall be made as per Form-27 and shall be made over to
the polling agent for production at the polling station.
(3)
No polling agent shall be admitted into the polling station unless he has delivered to
the Presiding Officer the documents of his appointment under sub-rule (2) after duly completing
and signing the declaration contained therein before the Presiding Officer.
47.
Non-attendance of agent.—Where any act or thing is required or authorized by
these rules to be done in the presence of agents, the non attendance of any such agent or agents at
the time and place appointed for the purpose shall not, invalidate the act or thing done.
48.
Maximum election expenses and account thereof.—(1) The maximum limit of
election expenditure to be incurred by a contesting candidate or/and through his authorized
agents shall not exceed:-
For Mayor/Dy. Mayor of Municipal Corporation : Rs. 3.00 Lac. For Councillor of
Municipal Corporation : Rs.1.00 lac
(2)
Every candidate contesting election from a ward/Municipal Corporation shall keep
an account of election expenditure in a register to be called the register of election expenditure in
Form-28.
(3)
The account under sub-rule (2) shall be maintained by the contesting candidate
either himself or person authorized by him under intimation to the Returning Officer.
(4)
The account shall be correctly and truly maintained in respect of each item of
expenditure on day to day basis from the date of filing of nomination papers up to the date a day
after the declaration of result.
(5)
All expenditure by the candidate or his authorized election agent on all the items of
expenditure maintained in Form 29 shall be included in the aforesaid account of
electionexpenditure.
(6)
All documents such as vouchers, receipts, acknowledgements etc. in support of
expenditure incurred and recorded in the register shall be maintained correctly.
(7)
The day-to-day account maintained shall be made available for inspection at any
time during the process of election to the Returning Officer or any other Officer authorized by him
or the Commission.
(8)
Failure on the part of the candidate or his authorized agent/person, as the case may
be, to submit the account of election expenses within the time and in the manner required by the
Act and these rules or, to produce the register of election expenditure on demand by an officer
authorized to do so, shall be deemed to be a corrupt practice under section 21.
(9)
A statement of account of the total election expenditure maintained shall be
submitted to the Returning Officer within ten days of declaration of the result.
(10)
The statement of account shall be submitted in Form-29 and 30 alongwith an
affidavit of the candidate in Form- 31.
(11)
On receipt of the statement of accounts, the Returning Officer shall issue an
acknowledgement in Form- 32.
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CHAPTER-VII
GENERAL PROCEDURE OF ELECTION
49.
Death of candidate before poll.—The poll shall be countermanded for the
Municipality/ward if any of its validly nominated and contesting candidate demises. On such an
occurrence, the Returning Officer shall, upon being satisfied of fact of the death shall send a report
to the Commission and proceedings with reference to the election shall be commenced afresh in all
respects as if for a new election in accordance with these rules:
Provided that no further nomination shall be necessary in the case of a person who was
already a validly nominated candidate or a contesting candidate, as the case may be, at the time of
the countermanding of the poll.
50.
Contested and un-contested elections.—(1) Subject to the provisions of rule 49, if
there is only one contesting candidate in the field, the Returning Officer shall forthwith declare
such candidate duly elected to fill the seat and issue a declaration in Form-33. If there is no
contesting candidate in the field, the Returning Officer shall report the matter to the Commission
with a view to take further action accordingly.
(2)
If the number of contesting candidate in the field is more than one, a poll shall be
taken on the date specified under rule 34.
51.
Adjournment of poll in emergencies.—(1) If at an election the proceedings at any
polling station are interrupted or obstructed, by riot or open violence, or if it is not possible to take
the poll at that polling station on account of any natural calamity or any other sufficient cause, the
Presiding Officer for such polling station, shall announce an adjournment of the poll for a date to be
notified later and shall forthwith inform the Returning Officer.
(2)
Where a poll is adjourned under sub-rule (1), the Returning Officer shall
immediately report the circumstances to the Commission and to the State Government and shall, as
soon as may be , appoint the day on which the poll shall recommence and fix the polling station at
which and the hours during which, the polling shall take place. The votes cast at such election shall
not be counted until such adjourned poll is completed and the ballot box used at such polling
station shall be sealed and kept in safe custody till the commencement of the counting.
(3)
In all the cases under this rule, the Returning Officer shall affix a notice specifying
the date, place and hours of polling fixed under sub-rule (2) at his office and in the office of the
Municipal Corporation and the Tehsil concerned.
52.
Fresh poll in the case of destruction etc. of the ballot box.—(1) If at any election
any ballot box is unlawfully taken out of the custody of the Presiding Officer or is in any way
tampered with, or is either accidentally or intentionally destroyed, lost or damaged, the polling at
the polling station to which such ballot box relates shall be liable to be declared as void.
Explanation.—Damage to a ballot box also includes damage or destruction of ballot papers
done at the time of counting of votes but before the completion of counting and declaration of
result.
(2)
Whenever the polling at any polling station becomes liable to be declared as void
under sub-rule (1), the Presiding Officer shall, as soon as practicable after the act or event causing
such damage or destruction, report the matter to the Returning Officer who in the event of his being
so satisfied that in consequence thereof the result of the poll of that polling station can not be
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ascertained, declare the polling void and shall appoint a day taking the poll afresh at such polling
station, and fix the hours during which the poll shall be taken and shall not count the votes cast at
other polling stations of the ward until such fresh poll has been completed.
53.
Restriction on contest of election in more than one Municipality and ward.—No
person shall contest election for more than one office of the Corporation at the same time.
54.
Method of voting.—(1) At every election where a poll is to be taken votes shall be
cast in person and given by ballot or electronic voting machine at the polling station fixed under
rule 30 and no votes shall be cast by proxy :
Provided that the giving and receiving of votes by electronic voting machine, in such
manner as may be prescribed under the rules or the directions issued in this behalf, by the State
Election Commission , may be adopted in a ward or wards of a Corporation as the State Election
Commission may specify.
(2)
No voter shall vote in the election of the Corporation more than once for each office
notwithstanding that his name may have been erroneously registered in the electoral roll
more than once.
55.
Procedure on adjournment of poll.-(1) If the poll at any polling station is
adjourned under rule 51 the provisions of these rules with regard to poll shall apply to every such
fresh poll as they apply to the original poll.
(2)
When an adjourned poll is recommended under sub-rule (2) of rule 51 the voter
who has already voted at the poll so adjourned shall not be allowed to vote again.
(3)
The Returning Officer shall provide the Presiding Officer of the polling station at
which such adjourned poll is to be held with the sealed packets containing the marked copy of the
electoral roll and required number of ballot papers and a new ballot box.
(4)
The Presiding Officer shall open the sealed packet in the presence of such
candidates or their agents as may be present and use the same for the conduct of adjourned poll.
56.
Ballot box and paper seal.- (1) Every ballot box and paper seal to be used at an
election shall be of such design as may be used at any election to the Legislative Assembly of
Himachal Pradesh or as may be approved by the Commission, as the case may be.
(2)
A paper seal shall be used for securing a ballot box and the Presiding Officer shall
affix his own signature and obtain thereon the signatures of the candidates or of such of the polling
agents as are present and desirous of affixing the same. The paper seal shall be of such design as
may be specified by the Commission and proper record of paper seal used or unused shall be
maintained in Form-34.
(3)
The Presiding Officer shall thereafter fix the paper seal in the space meant therefore
in the ballot box and shall then secure and seal the box in such a manner that the slit for insertion of
ballot paper therein remains open.
(4)
Every ballot box used at a polling station shall bear labels, both inside and outside
and marked with -
(a)
the serial number and the name of the ward;
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(b)
the serial number and the name of polling station;.
(c)
the serial number of the ballot box (to be filled in at the end of the label on the
outside of the ballot box only); and
(d)
the date of poll.
(5)
Immediately before the commencement of the poll, the Presiding Officer shall
demonstrate to the candidates and polling agents and other persons present that the ballot box is
empty and bears the labels referred to in sub-rule (4).
(6)
The ballot box shall then be closed, sealed and secured and placed in full view of the
Presiding Officer, the candidates and the polling agents.
57.
Facilities for women voters in the elections.—(1) Where a Polling Station is for
both men and women voters, the Presiding Officer may direct that they shall be admitted in the
polling station alternatively.
(2)
The Presiding Officer may appoint a woman to serve as an attendant at any polling
station to assist women voters and the Presiding Officer in taking the poll and in particular to help
in searching the name of any woman voter in case it becomes necessary.
58.
Form of ballot papers.—(1) Every ballot paper alongwith its counterfoil shall be in
Form-35 and the particulars therein shall be in Hindi in Devnagri script.
(2)
The names of the candidates shall be arranged on the ballot paper in the same order
in which they appear in the list of contesting candidates prepared under rule-42. The-ballot papers
shall be printed in the design/colour as specified by the Commission.
59.
Arrangement at Polling Station.—(1) Outside each polling station there shall be
displayed prominently -
(a)
a notice specifying the polling area the voters of which are entitled to vote at the
polling station or where polling station has more than one polling booths, at each
one of such booths or the description of the voter allotted to any such booth; and
(b)
another notice in Hindi in Devnagri script containing the list of contesting
candidates prepared under rule 42, alongwith the symbols allotted under rule 43.
(2)
At each polling station there shall be set up one or more compartments in which
voters can record their votes in secrecy.
(3)
The Returning Officer shall provide at each polling station required number of ballot
boxes, copies of title relevant part of electoral roll, the ballot papers, and other articles necessary
for the conduct of poll.
60.
Commencement of poll.—The Presiding Officer shall start the poll exact at the
time mentioned in notice of election and before commencement of the poll, he shall bring to the
notice of all, who are present, the provisions of section 22 of the Himachal Pradesh Municipal
Corporation Act, 1994 (Act 12 of 1994). The provisions of this section are as under:-
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“22 Maintenance of secrecy of voting.—(1) Every Officer or Official agent or other
person who performs any duty in connection with the recording or counting of votes at an
election shall maintain and aid in maintaining the secrecy of the voting and shall not (except
for some purpose authorized by or under any law) communicate to any person any
information calculated to violate such secrecy.
(2)
Any person who contravenes the provisions of sub-rule (1), shall be punishable with
imprisonment for a term which may extend to three months, or with fine, or with both.”.
61.
Admission to polling station.—The Presiding Officer shall regulate the number of
voters to be admitted, at anyone time inside the polling station and shall exclude therefrom all
persons other than -
(a)
Polling Officer;
(b)
Candidates and their agents;
(c)
Returning Officer or such other persons as may be authorized by him;
(d)
Public servants appointed on duty in connection with the election by the election
authority;
(e)
A child in arms accompanying a woman voter and a companion accompanying blind
or infirm voter who cannot move without help;
(f)
Such other person as the Presiding Officer may employ under sub-rule (2) of rule
57, sub rule (1) of rule 62; and
(g)
State Election Commissioner or such other persons as may be authorized by him.
62.
Identification of voters.—(1) The Presiding Officer may employ at the polling
station such number of persons as he thinks fit to help him in the identification of voters and to
assist him in taking the poll.
(2)
As each voter enters the polling station, the Presiding Officer, or the Polling Officer
authorized by him in this behalf shall check the voter’s name and the other particulars with the
relevant entries in the electoral roll and then call out the serial number, name and other particulars
of the voter.
(3)
In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the
Polling Officer, as the case may be, shall over look merely clerical or printing errors in an entry in
the electoral roll, if he is satisfied that such person is identical with the voter to whom such entry
relates.
63.
Persons entitled to vote by post.—Subject to their fulfilling the requirements
herein after specified, the persons who are voters and are on election duty shall be entitled to vote
by post at an election in a ward of the Corporation.
64.
Intimation by voters on election duty.—(1) A voter on election duty who wishes
to vote by post at an election shall send an application in Form 36 to the Returning Officer so as to
reach him atleast seven days or such shorter period as the Returning Officer may allow before the
date of the poll, and if the Returning Officer is satisfied that the applicant is a voter on election
duty, he shall issue a postal ballot paper to him.
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(2)
Where a person being a Polling Officer, Presiding Officer or other public servant on
poll duty in the ward of which he is an elector, wishes to vote in person at an election in a
Corporation/ward and not by post, he shall send an application in Form 37 to the Returning Officer
so as to reach him at least four days, or such shorter period as the Returning Officer may allow,
before the date of poll; and if the Returning Officer is satisfied that the applicant is a public servant
and voter on poll duty in the ward, he shall -
(a)
issue to the applicant an poll duty certificate in Form -38.
(b)
mark “EDC” against his name in the marked copy of the electoral roll to indicate
that an election duty certificate has been issued to him; and
(c)
ensure that he is not allowed to vote at the polling station where he would otherwise
have been entitled to vote.
65.
Facilities for persons on election duty.—(1) The provisions of rule 62 shall not
apply to any person who produces at the polling station, an election duty certificate in Form 38 and
asks for the issue of a ballot paper to him although the polling station is different from the one
where he is entitled to vote.
(2)
On production of such certificate the Presiding Officer shall -
(a)
obtain thereon the signatures of the person producing it;
(b)
have the person’s name and electoral roll number as mentioned in the certificate
entered at the end of marked copy of the electoral roll; and
(c)
issue to him a ballot paper, and permit him to vote in the same manner as for an
elector entitled to vote at that polling station.
66.
Procedure for preventing impersonation of voters.—(1) Subject to the other
provisions of this rule every voter to whom a ballot paper has to be supplied for the purpose of
voting at a polling station shall before receiving such ballot paper, allow -
(a)
the inspection of his left forefinger to the Presiding Officer and any Polling Officer;
and
(b)
an indelible ink mark to be put on his left forefinger.
(2)
If any person refuses to allow such inspection of his left forefinger; or persists in
doing any act with a view to removing such mark after it has been put, he shall not be entitled to be
supplied with any ballot paper or to record his vote at the election.
(3)
No person, who already has a mark on his forefinger, shall be supplied with any
ballot paper and if any such person still persists for the supply of a ballot paper he shall be liable to
be arrested and prosecuted for impersonation.
(4)
Any reference in this rule to the left forefinger of voter shall, where the voter has his
left forefinger missing, be construed as a reference to any other finger of his left hand, and shall in
the case where all the fingers of his left hand are missing, be construed as a reference to the
forefinger or any other finger of his right hand, and shall in the case where all the fingers of his
both hands are missing be construed as a reference to such extremity of his left or right arm as he
possesses.
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67.
Voting Procedure.—(1) The voter on entering the polling station shall first allow
his left forefinger to be inspected by a Polling Officer for the purpose of ascertaining if he has any
mark of indelible ink on that finger, if there is no such mark, the Polling Officer-in-charge of the
poll, shall ascertain the voter's name and address and such other particulars as appear on the
electoral roll and after having satisfied himself about the identity of the voter, the Presiding Officer
or the Polling Officer, as the case may be, shall put indelible ink mark to his left forefinger and then
he shall be supplied with a ballot paper. The Presiding Officer or the Polling Officers, as the case
may be, shall before the delivery of the ballot paper to the voter enter the serial number of the voter
from the marked copy of the electoral roll in the counterfoil of the ballot paper and obtain his
signatures.
(2)
Every ballot paper shall, before issue to voter, be stamped with such distinguishing
mark on its back as the Commission may direct.
(3)
Save as provided in sub-rule (1) no person in the polling station shall note down the
serial number of the ballot paper(s) issued to particular voter.
(4)
At any time before a ballot paper is delivered to a voter, the Presiding Officer or a
Polling Officer may of his own accord, if he has reason to doubt the identity of the voter or his right
to vote at the polling station or be so required by a candidate or his polling agent, put to the voter
the following question, namely :-
(a)
Are you the person enrolled as follows (reading the whole entry relating to the voter
from the electoral roll)?
(b)
Have you already voted at the present election?
(c)
Such other questions as he may deem fit or necessary and the voter shall not be
supplied with a ballot paper unless he answers the first question in the affirmative
and the second question in the negative or he refuses to answer any other question
put to him in pursuance of this rule (5) The voter on receiving the ballot paper shall
forthwith-
(a)
proceed to the voting compartment;
(b)
make a mark on the ballot paper with the instrument supplied for the purpose
on or near the symbol of the candidate for whom he intends to vote;
(c)
fold the ballot paper so as to conceal his vote;
(d)
if so required, show to the Presiding Officer the distinguishing mark on the
ballot paper;
(e)
insert the folded ballot paper into the ballot box; and
(f)
quit the polling station.
(5)
Every voter shall vote without undue delay.
(6)
No voter shall be allowed to enter a compartment when another voter is inside it.
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68.
Recording of votes of blind or infirm voters.—(1) If the Presiding Officer is
satisfied that owing to blindness or other physical infirmity, voter is unable to recognize the
symbols on the ballot paper or to make mark thereon without assistance, the Presiding Officer shall
permit the voter to take with him a companion of not less than eighteen years of age to the voting
compartment for recording the vote on the ballot paper on his behalf in accordance with his wishes,
and, if necessary, for folding the ballot paper so as to conceal the vote and insert it into the ballot
box:
Provided that no person shall be permitted to act as a companion of more than one voter at
any polling station on the same day:
Provided further that before any person is permitted to act as the companion of voter on any
day under this rule, the person shall be required to declare in Form-39 that he shall keep secret the
vote recorded by him on behalf of the voter and that he has not already acted as the companion of
any other voter at any polling station on that day.
(2)
The Presiding Officer shall keep in Form-40 record of all cases under this rule.
69.
Spoilt and returned Ballot papers.—(1) A voter who has inadvertently dealt with
his ballot paper in such a manner that it can not be conveniently used as a ballot paper, may, on
returning it to the Presiding Officer and on satisfying himself of the inadvertence, be given another
ballot paper and the ballot paper so returned shall be marked by the Presiding Officer as "cancelled
being Spoilt".
(2)
If a voter after obtaining a ballot paper decides not to use it, he shall return it to the
Presiding Officer and the ballot paper so returned shall be marked as "Returned Cancelled" by
the Presiding Officer.
(3)
All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a
separate packet.
70.
Tendered votes.—(1) If a person representing himself to be a particular voter
applies for a ballot paper after another person has already voted as such voter, he shall, on
satisfactorily answering such questions relating to his identity as the Presiding Officer may ask be
entitled subject to the following provisions of this rule to mark a ballot paper (hereinafter in these
rules referred to as "Tendered Ballot Papers" ) in the same manner as any other voter.
(2)
Every such person shall before being supplied with a Tendered Ballot Paper, put his
signature against the entry relating to him in the list in Form-41.
(3)
A Tendered Ballot Paper shall be the same as other ballot papers used at the polling,
except that it shall be –
(a)
serially the last in the bundle of ballot papers issued for use at the polling station;
and
(b)
endorsed on the back with words "Tendered Ballot Papers" by the Presiding
Officer at his own and signed by him.
(4)
The voter, after marking Tendered Ballot Paper in the voting compartment and
folding it, shall, instead of putting it into the ballot box give it to the Presiding Officer, who shall
place it in a cover specially kept for the purpose.
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71.
Challenged votes.— (1) If a candidate or his agent declares and undertakes to prove
that any person, by applying for ballot paper has committed the offence of impersonation, the
Presiding Officer, may require such person to state his name and address and shall then enter such
name and address in the list of Challenged Votes in Form-42, and shall require such person to sign
such entry or, if he is unable to write, to affix, his thumb impression thereto and the Presiding
Officer shall sign his name across such impression and may further require such person to produce
evidence of identification:
Provided that no action shall be taken by the Presiding Officer under this sub-rule unless a
sum of Rs. 20/- has been deposited in cash with the Presiding Officer by the candidate or such
agent for each challenge he makes.
(2)
If the person, so challenged, refuses to comply with such requisition he shall not be
permitted to vote but if such person complies with the same and on being questioned in the manner
provided in rule 67 answers the first question in affirmative and the second question in the negative
and replies satisfactorily to any other question put to him in pursuance of that rule, and if having
been required to produce evidence of identification, he produces evidence, which the Presiding
Officer considers satisfactory, shall be allowed to vote after he has been informed of the penalty for
impersonation.
(3)
If the Presiding Officer after such inquiry on the spot as he thinks necessary, is
satisfied that the challenge made by the candidate or his polling agent under sub-rule (1) is
frivolous and has not been made in good faith, he shall direct the deposit made under sub-rule (1) to
be forfeited to the State Government and his order in this respect shall be final.
(4)
If the deposit made under sub-rule (1) is not forfeited under sub-rule (3), it shall be
returned to the person by whom it was made after the close of the poll on the day on which it is
made.
(5)
The Presiding Officer shall in every case, whether or not the person challenged is
allowed to vote make a note of the circumstances in the list of challenged votes in Form-42.
72.
Closing of Poll.—(1) The Presiding Officer shall close a polling station at the hour
fixed in that behalf and shall not admit there to any voter after that hour :
Provided that all voters present within the polling station before it is closed shall be entitled
to cast votes.
(2)
Any question that may arise as to whether voter shall for the purpose of the
provision of sub rule (1), be allowed to be present within the polling station before it is closed, shall
be decided by the Presiding Officer, whose decision shall be final.
73.
Sealing of ballot box after poll.—(1) As soon as practicable after the closing of the
poll the Presiding Officer shall close the slit of the ballot box, seal it and allow any desirous polling
agent to affix his own seal. The ballot box shall thereafter be sealed and secured properly.
(2)
Where it becomes necessary to use a second ballot box by reason of the first ballot
box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (1) before
another ballot box is put into use.
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74.
Account of ballot papers.—The Presiding Officer shall at the close of the poll
prepare a ballot paper account in Form-43 and enclose it in a separate cover with the words
"Ballot Papers Account” subscribed thereon.
75.
Sealing of other packets.- (1) The Presiding Officer shall then make into the
separate packets-
(a)
the counterfoils of used ballot papers;
(b)
the marked copy of the electoral roll;
(c)
the un-used ballot papers;
(d)
the cancelled ballot papers;
(e)
the cover containing the Tendered Ballot Papers and the list in Form-41;
(f)
the list of challenged votes in Form-42;
(g)
paper seal account in Form-34; and
(h) any other papers directed by the Returning Officer to be kept in a sealed packet.
(2)
Each such packet shall be sealed with the seal of the Presiding Officer and those
agents present who may desire to affix their seal thereon.
76.
Transmission of Ballot boxes etc. to the Returning Officer.—(1) The Presiding
Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the
Returning Officer may direct –
(a)
the ballot boxes as referred to in rule 73;
(b)
the ballot paper account as referred to in rule 74;
(c)
the sealed packets as referred to in rule 75; and
(d)
all other papers used at the poll.
(2)
The Returning Officer shall make adequate arrangements for their safe custody until
the commencement of the counting of votes.
CHAPTER-VIII
COUNTING OF VOTES AND DECLARATION OF RESULTS
77.
Admission to the place of counting.-(l) The Returning Officer shall exclude from
the place fixed for the counting of votes under rule 33 a person, except -
(a)
such Government servants as he may appoint to assist him in the counting;
(b)
every candidate and his counting agents;
(c)
public servants on duty; and
(d)
the State Election Commissioner or any other person authorized by the
Commission.
(2)
Any person, who during the counting of votes mis-conducts or fails to obey the
lawful directions of the Returning Officer may be removed from that place where the votes are
being counted.
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(3)
The number of counting agents of candidates shall not exceed the number of
counting tables, fixed for the counting of votes of the ward/Municipal Corporation plus one more
for the table of the Returning Officer.
(4)
Every appointment of counting agent(s) shall be made in Form-45 in duplicate, one
copy of which shall be forwarded to the Returning Officer while the other copy shall be made over
to the counting agent for production before the Returning Officer at the time of counting.
78.
Scrutiny and opening of ballot boxes.—(1) The Returning Officer shall on the date
and at be time and place fixed under rule 33 before commencement of the counting, read out the
provisions of section 22 to such persons as may be present.
(2)
He shall then deal with the ballot boxes in the following manner, namely :-
(a)
all the ballot boxes used at a polling station shall be opened at the same time;
(b)
before any box is opened at the counting table the candidates or their agents shall be
allowed to inspect the paper seal or other seals, as have been fixed thereonand to
satisfy themselves that the same are intact;
(c)
the Returning Officer shall satisfy himself that none of the ballot boxes has in fact
been tampered with; and
(d)
if the Returning Officer is satisfied that any ballot box has in fact been tampered
with, he shall not count the ballot papers of that box and shall follow the procedure
laid down in rule 52 in respect of that polling station.
79.
Scrutiny and rejection of ballot paper.—(1) The ballot papers taken out of each
ballot box shall be arranged in convenient bundles and scrutinized.
(2)
The Returning Officer shall reject a ballot paper.
(a)
if votes are given on it in favour of more than one candidates; or
(b)
if it bears any mark or writing by which the voter can be identified; or
(c)
if no vote is recorded thereon; or
(d)
if the mark indicating the vote thereon is placed in such a manner as to make it
doubtful to which candidate, the vote has been given; or
(e)
if it is spurious ballot paper; or
(f)
if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be
established; or
(g)
if it bears a different serial number, or is different from design of the Ballot paper
authorized for use at the polling station; or
(h)
if it does not bear the mark which it should have born under the provisions of sub-
rule (2) of rule 67:
Provided that where the Returning Officer is satisfied that any such defect as is monitored
in clauses (g) and (h) has been caused by any mistake or failure on the part of a Presiding Officer or
Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect:
Provided further that a ballot paper shall not be rejected merely on the ground that the mark
indicating the vote is distinct or made more than once, if the intention that thevote shall be for a
particular candidate clearly appears from the way the ballot paper is marked.
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(3)
Before rejecting any ballot paper under sub-rule (2) the Returning Officer shall
allow each counting agent present reasonable opportunity to inspect the ballot paper but shall not
allow him to handle it or any other ballot papers.
(4)
The Returning Officer shall record on every ballot paper which he rejects, the letter
'R' and the ground of rejection in abbreviated form either in his own hand or bymeans of rubber
stamp.
(5)
All ballot papers rejected under this rule shall be bundled together.
80.
Counting of votes and declaration of results.—(1) Every ballot paper, which is
not rejected under rule 79 shall be deemed to be valid and shall be counted after being sorted out
candidate-wise:
Provided that no packet containing tendered ballot paper shall be opened out and no such
paper shall be counted.
(2)
The Returning Officer shall as far as practicable, proceed continuously with the
counting and shall, during any intervals when the counting has to be suspended, keep the ballot
papers, packets and all other papers relating to the election seals with his own sealand the seals of
such candidates or election agents as may desire to affix their seals andtake sufficient precaution
for their safe custody during such intervals.
(3)
The ballot papers taken out of each box be mixed-up with other ballot papers taken
out of other ballot boxes concerning the same office and after that shall be sorted out separately for
each seat /office. The ballot papers for the councilor of the Corporation shall be retained on the
same table and ballot papers for the office of Mayor and Dy.-Mayor shall be passed on without
counting them to the Returning Officer for their counting at later stage. The result of councilors of
Corporation shall be declared on Form 46 after preparing the result sheet on Form 47. After the
declaration of result of all the councilors of the Corporation, the counting for the offices of Mayor
and Dy.-Mayor shall be taken and result shall be declared on Form-48 after preparing result sheet
on Form 49.
Provided that before declaring the result on Forms 46 or 48, as the case may be, and after
the counting of all valid votes of polling station has been completed, the Returning Officer who
have made the entries on a result sheet in Forms 47 or 49 as applicable and announce the
particulars. After such announcement has been made, a candidate or, in his absence, his election
agent or any of his counting agents may apply in writing to the Returning Officer to recount the
votes either wholly or in part stating the grounds on which he demands such recount. On such an
application being made the Returning Officer shall decide the matter and may allow the application
;in whole or in part or may reject it into if it appears to him to be frivolous or unreasonable. Every
decision of the Retuning Officer on such application shall be in writing and contain the reasons
therefor.
(4)
Immediately after declaration of result the Returning Officer shall paste a copy of
Return of election in a conspicuous place at his office and send the same to the Commission and the
Secretary (Urban Development) to the Government of Himachal Pradesh, as the case may be, for
publication in the Official Gazette of the State Government as required under section 13.
(5)
All valid ballot papers shall thereafter be bundled candidate-wise together and kept
alongwith the bundle of rejected ballot papers in a separate packet, which shall be sealed and on
which shall be recorded the following particulars, namely :
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(a)
the name of the ward/ Municipal Corporation;
(b)
the particulars of the polling station where the ballot papers have been used ; and
(c)
the date of counting.
(6)
When counting of votes have been completed and the result has been declared under
rule 83 the Returning Officer shall prepare a return in Form 43 Part-III and forthwith paste a copy
of the same in a conspicuous place in his office. The Returning Officer, after the date of election
shall notity the names of elected candidates together with the name of candidate, if any, deemed to
have been elected under the provisions or rule 50 and send a copy of the same to the Commission
for publication in the Official Gazette of the State Government and one copy of the return prepared
in Form 44 shall be sent to the Commission, immediately, after declaration of the result.
81.
Administration of oath to the elected Councilors/Mayor/Dy. Mayor.—(1) After
the results of elections of Councilors/Mayor/Deputy Mayor have been declared under rule 80, the
Director, Urban Development shall fix a date and time for making an oath or subscribing an
allegiance to the Constitution of India to the elected Councilors/Mayor/Deputy Mayor of the
Corporation under sections 33 and 36 by issuing notice in writing to the newly elected
Councilors/Mayor/ Deputy Mayor giving three days time for the first meeting, provided that such
notice shall be delivered to the elected Councilors/Mayor/Deputy Mayor atleast 48 clear hours
before such meeting. This meeting shall be held at the office of the Corporation,
(2)
On the date and time fixed under sub-rule (1) the Director, Urban Development
shall call each elected Councilors/Mayor/Dy. Mayor to make an oath or subscribe
anaffirmation of allegiance of the Constitution of India.
82.
Commencement of counting after fresh poll.- (1) If a fresh poll is held under rule
52, the Returning Officer shall, after completion of that poll, recommence the counting of votes on
the date and time and place which has been fixed by the Commission in that behalf and of which
notice, has previously been given to the candidates and their agents.
(2)
The provisions of rules 79 and 80 shall apply to such further counting.
83.
Procedure in case of tie.—If after the counting of votes, tie is found to exist
between any two candidates, and the addition of one vote entitles any of those candidates to be
declared elected that shall forthwith be decided between those candidates by lot, and the candidate
on whom the lot falls shall be considered to have received an additional vote and shall be declared
to be duly elected.
84.
Custody of papers relating to elections.—The Returning Officer shall retain the
packets of the counter foils of used ballot papers, the packets of unused ballot papers, the packets of
used ballot papers valid, tendered or rejected and all other papers relating to the elections in safe
custody either in his own office or at such other place as he may specify in writing until the expiry
of three months from the date of publication of the result of election.
85.
Production and inspection of election papers.—(1) While in the custody of the
Returning Officer
(a)
the packets of counterfoils of used ballot papers;
(b)
the packets of unused ballot papers;
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(c)
the packets of used ballot papers; and
(d)
the packets of marked copies of the electoral roll shall not be opened and their
contents shall not be inspected by, or produced before, any person or authority
except under the orders of the competent court or of the officer authorized under
section 14.
(2)
All other papers relating to the election shall be opened to public inspection and any
person may apply for such an inspection or supply of certified copies thereof on payment of a fee at
the same rate as is charged in Himachal Pradesh for the inspection of documents forming part of a
record of a dealt with by a Revenue Officer, or for supply of a copy of an order by Revenue
Officer, as the case be, and such copies shall be supplied in accordance with the procedure to be
followed for a similar application in respect of case dealt with by a Revenue Officer.
86.
Disposal of election papers.—Subject to any direction to the contrary given by the
State Government or by the Commission or by a competent court or by an authorized Officer
under section 14, the packets and other papers referred to in rules 68,69,75,84 and 85 shall be
retained for a period of 90 days from the date of publication of results in the Official Gazette
and shall thereafter be destroyed”.
Provided that if an election petition is pending, the packets and other papers referred to in
this rule shall not be disposed of unless the petition is finally decided.
87.
Casual vacancies in the Corporation.—When a vacancy occurs among the
Mayor/Deputy Mayor/Councilors of a Corporation by death, resignation or removal of any
Mayor/Deputy Mayor/Councilors and a new /Mayor/Deputy Mayor/Councilors shall be elected in
his place in accordance with the provisions of sub-section (1) of section 12, and such election shall
be conducted in the manner as specified in these rules for a general election and the programme of
the election shall be framed as soon as may be convenient after occurrence of the vacancy.
88.
Interpretation of rules.—If any question arises regarding the interpretation of these
rules, otherwise than in connection with an election petition, which has actually been presented,
shall be referred to the Commission, whose decision thereon shall be final.
CHAPTER-IX
ELECTION PETITIONS AND APPEALS
89.
Presentation of petition.—(1) The election petition under section 14 shall be
presented to the Divisional Commissioner, under whose territorial jurisdiction the Corporation is
situated.
(2)
The petitioner shall enclose with the petition copies of the petition and its enclosures
equal to the number of respondents.
(3)
The affidavit referred to in the proviso to sub-section (1) of section 14 shaIl be in
Form-50 and shall be sworn in before a Magistrate.
90.
Security deposit to be made with the petition.—At the time of presentation of an
election petition, the petitioner shall deposit a sum of Rs. 3000/- (three thousand Rupees) as
security money in the Government Treasury or Sub-Treasury under the appropriate head of account
in the name of Authorized Officer to whom the petition is presented or caused to be presented.
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91.
Withdrawal of petitions.—(1) An election petition may be withdrawn by the
petitioner only after the permission of the Divisional Commissioner to whom the petition is
presented or transferred, as the case may be.
(2)
When an application for withdrawal is made, a notice thereof fixing a date for the
hearing of the application shall be given to all other parties to the petition.
(3)
No application for withdrawal shall be allowed, if, in the opinion of the Divisional
Commissioner to whom the petition is presented or to whom such petition is transferred, as the case
may be, such an application has been induced by bargain or consideration.
(4)
If the application for withdrawal is allowed, the Divisional Commissioner to whom
the petition is presented or to whom such petition is transferred, as the case may be, shall pass an
order with regard to refund or forfeiture of security deposit in accordance with the provisions laid
down under section 19:
Provided that where the application of withdrawal is allowed by the Divisional
Commissioner, a copy of the order shall be sent to the Director, Urban Development, Himachal
Pradesh.
92.
Place and Procedure of enquiry.— (1) The place of enquiry shall be headquarters
of the Divisional Commissioner concerned to whom the petition is made or transferred:
Provided that the Divisional Commissioner to whom the petition is made or transferred, as
the case may be, may on being satisfied that Special circumstances exist rendering it desirable that
the enquiry should be held elsewhere, fix some other convenient place for this purpose.
(2)
The public shall have free access to the place where enquiry into the election
petition may be held.
(3)
Notice of the time and place of enquiry shall be given to the parties not less than
seven days before the first date of hearing.
93.
Communication of orders on petition.—The Divisional Commissioner to whom
the election petition is made or transferred, as the case may- be, shall after conclusion of the
election petition, send a copy of the order to the Commission and to the Director, Urban
Development, Himachal Pradesh as soon as possible.
94.
Procedure in presentation of appeal.—(1) Any person aggrieved by an order made
by the Divisional Commissioner under section 18 may within a period of thirty days make an
appeal to the Financial Commissioner (Appeal) Government of Himachal Pradesh under sub-
section (3) of section 20:
Provided that the appellate authority may entertain the appeal after the expiry of said period
of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.
(2)
In computing the period of limitation for filing an appeal under the Act, the period
spent in obtaining a copy of the order shall be excluded.
(3)
Every appeal preferred, under sub-rule (1), shall be presented in the form of a
memorandum by the appellant or his duly authorized agent and shall be accompanied by a Treasury
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Challan evidencing the deposit of a sum of Rs.3000/- as fee in the Government Treasury or Sub-
Treasury under the appropriate head of account in the name of appellate authority to whom the
appeal is presented. The memorandum shall set-forth concisely the grounds of objections to the
order appealed from and shall be accompanied by a copy of such order.
(4)
On receipt of an appeal under sub-rule (1) the appellate authority may, after calling
for record from the Divisional Commissioner, against whose decision the appeal has been preferred
and giving opportunity, to the parties of being heard and after making such further enquiry, if any,
as may be necessary pass such orders as it thinks fit and the order of the appellate authority shall be
final.
(5)
A copy of the order passed in appeal shall be sent to the Commission and to the
State Government.
95.
Abatement of appeal.—If before the decision of the appeal, the appellant or
respondent dies, the appeal shall abate, the appellate authority shall cause notice of such event sent
to the Slate Government.
CHAPTER-X
MISCELLANEOUS
96.
Penalty for disobedience of certain orders and for contravention of rules.—If
any person, who is on deputation with the Commission under section 9-E or any public servant put
on duty in connection with delimitation of wards, preparation of electoral rolls and conduct of
elections under the Act disobeys any orders issued by an officer appointed under the Act or
contravenes the provisions of these rules shall be punishable under the Central Civil Services
(Conduct Rules), 1964 or in accordance with the relevant law and practice for time being inforce
for such purpose.
97.
Repeal and savings- (1) The Himachal Pradesh Municipal Corporation Elections
Rules, 1996, Himachal Pradesh Municipal Corporation(Delimitation and Reservation of wards)
Rules, 1995 and the Himachal Pradesh Municipal Corporation ( Reservation and Elections to the
office of the Mayor and Deputy Mayor) Rules,1996, are hereby repealed, provided that;
(a)
such repeal shall not affect the previous operation of the said rules, notifications and
orders or anything done or any action taken thereunder; and
(b)
any proceedings under the said rules, notifications or orders pending at the
commencement of these rules shall be continued and disposed of as far as may be, in
accordance with the provisions of these rules.
(2)
Nothing in these rules shall operate to deprive any person, to whom these rules
apply, of any right of appeal which has accrued to him under the rules, notifications or orders
repealed under sub-rule (1) in of any order passed before the commencement of these rules.
(3)
A petition pending at or preferred after the commencement of these rules against an
order made before such a commencement shall be considered and order thereon shall be passed in
accordance with rules.
6710
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Form-1
(See rule 6)
Notice of publication of the proposals for dividing the Municipal Corporation into wards and
defining the limits of each ward.
Notice is hereby given that the proposals for dividing _____________ Municipal
Corporation into wards and defining the limits of each such ward shall be available for inspection
in the office of the undersigned and the office of the Municipal Corporation ___________ during
the office hours for the next 10 days.
If any resident has any objections to make with regard to aforesaid proposal against
anything ontained in it he can send the same to the undersigned in Form-2 with in ten days from the
date of publication of this notice and objections or suggestions so received shall be inquired into
before finalizing the proposal.
Deputy Commissioner.
Place________
Date__________
________
Form-2
(See rule 7)
To
The Deputy Commissioner,
_______________________
Subject:- Objection to the draft delimitation of Wards.
Sir,
Please refer to the draft delimitation proposals of wards published on_______ in
respect of ______________ Municipal Corporation area.
That I am a resident of ward No.____________ of _____________Municipal Corporation
area.
That I have the following objections to these draft proposals:-
(1)
(2)
(3)
(4)
Yours faithfully,
Signature, full name &
address.
Place:
6711
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Form-3
(See rule 17)
NOTICE OF PUBLICATION OF ELECTORAL ROLL
To
The voters of ward No._____________ Municipal Corporation (ward) of
_____________District, Himachal; Pradesh.
Notice is hereby given that the electoral roll has been prepared in accordance with the
Himachal Pradesh Municipal Corporation Election Rules, 2012 and copy thereof is available during
office hours for inspection at my office and in the office of the Municipal Corporation and at the
office of the Tehsildar.
If there be any claim for the inclusion of a name in the electoral roll or any objection to the
inclusion of a name or any objection to particulars in any entry, it should be lodged in or before
(date) in Form 4,5, and 6 as may be appropriate.
Every such claim or objection should be addressed to the ___________________________
(full address) Revising Authority and should either be presented in person or through agent or sent
by the registered post so to reach him not later than the aforesaid date.
Electoral Registration Officer,
(Municipal Corporation)
Place:
date:
________
Form-4
(See rules 20 (1) and 27)
CLAIM APPLICATION FOR INCLUSION OF NAME
To
The Revising Authority/Electoral Registration Officer,
(Municipal Corporation).
Sir,
I request that my name be included in the electoral roll for the ___________ ward relating
to ______________Municipal Corporation.
Name (in full)_________________________
Father’s/ Mother’s/ Husband’s Name__________________________
Particulars of place of residence are:
House No.___________________Street/Mohalla Village______________ Post
office_____________Tehsil…….District………..
I hereby declare that to the best of my knowledge and belief that -
(i)
I am a citizen of India.
(ii)
My age on i.e. date notified by the State Election Commission under clause (e) of
rule 16 (1) was ________ years___________ months.
6712
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(iii)
I am an ordinary resident at the address given above.
(iv)
I have not applied for the inclusion of my name in the electoral roll for any other
word of the Corporation.
(v)
My name has not been included in the electoral roll for any ward of the above
mentioned Municipal Corporation or municipality constituted under the H.P.
Municipal Act, 1994or Gram Sabha constituted under the H.P. Panchayati Raj
Act,1994, as the case may be. OR
That my name has been included in the electoral roll for the ___________________ ward
under the address mentioned below and I request that the same may be excluded from the electoral
roll.
Signature/thumb-impression of claimant.
(full postal address).
I further declare that the facts submitted by me herein above are true and I also know that
any person who makes a statement of declaration which is false and which he either knows or
believes to be false or does not believe to be true is punishable in accordance with the law in force.
Signature/thumb-impression of claimant.
Place: ……………………………………..
Date: ………………………………………
I am a voter included in the electoral roll of the same part in which the claimant has applied
for inclusion viz. part No……………..; relating to…………………. my serial No. therein is
……………….. I support this claim and countersign it.
Signature/thumb-impression of elector
supporting claim.
(full postal address).
……………………….
_________
Form-5
(See rule-20(1) )
OBEJECTION TO INCLUSION OF NAME
To
The Revising Authority,
____________________ward.
Sir,
I object the inclusion of the name of ……………at serial No. …………. in the electoral roll
……………ward relating to…………………. Municipal Corporation for the following reasons:
…………………………………………….
…………………………………………….
……………………………………………
6713
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I hereby declare that the facts mentioned above are true to the best of my knowledge and
belief and that my name has been included in the electoral roll for this ward asfollows:-
Name…………………………………………………..(in full)
Father/Mother/Husband’s name……………………………….
Serial No………………………………
No. and name of the ward…………………………….relating
to…………………………….Municipal Corporation.
Signature/thumb-impression of objector.
(full postal address).
…………………………………….
……………………………………….
I am a voter included in the same electoral roll in which the name objected stand appears,
viz. No. and name of the ward relating to ………………….. Municipal Corporation. My Sr. No.
there in is ………………. I support this objection and countersign it.
Counter Signature/thumb-impression of the elector
supporting objection.
(full postal address).
…………………………………….
……………………………………….
Note:- Any person who makes a statement of declaration which is false and which he either
knows or believes to be false or does not believe to be true shall be punishable in accordance with
the law in force.
________
Form-6
(See rule 20 (1) and 25)
OBEJECTION TO PARTICULAR IN ANY ENTRY
To
The Revising Authority/Electoral Registration Officer,
____________________ward.
Municipal Corporation____________.
Sir,
I submit that the entry relating to myself which appears at Sr. No. ……….. in the roll ward
relating to ………….Municipal Corporation as …………………. is incorrect. It should be
corrected to read as follows:-
……………………………………………….
………………………………………………..
Signature/thumb-impression of claimant.
(full postal address).
…………………………………….
……………………………………….
Place:
Date
6714
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6716
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________
FORM-13.
(See rule 21(2)
NOTICE OF HEARING OF CLAIM
To
……………………………..
…………………………….
……………………………..
(Full name and address of claimant)
Reference No…………………..
Your claim for the inclusion of your name in the electoral roll will be heard
at……………(Place)at………………O’clock on the……………day of…………………..201 .
You are requested to present personally or through your authorized agent at the hearing with
such evidence as you may like to adduce.
Place:
Date:
Signature of Revising Authority
Ward …………………………………
_______
FORM-14
[(See rule 21(2)]
NOTICE OF HEARING OF OBJECTION
To
……………………………..
…………………………….
…………………………….
(Full name and address of /objector)
Reference/objection No……………………………….
6717
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Your objection to the inclusion of the name of…………………..will be heard
at……………(Place)at………………O’clock…………………
on
the……………day
of…………………..201.
You are directed to be present personally or through your authorized agent at the hearing
with such evidence as you may like to adduce.
Place:
Date:
Signature of Revising Authority
Ward.…………………………………
________
FORM-15
[(See rule 21(3)]
NOTICE OF HEARING OF OBJECTION
To
……………………………..
…………………………….
…………………………….
(Full name and address of person against whom objection is received)
Reference objection No…………..
The objection into the inclusion of your name at the Serial No……………………..in the
electoral roll for ………………………………Ward relating to……………………….Municipal
Corporation filed by……………………….(Full name and address of objector)will be heard
at……………………(Place) at……………….of……….day of…………………200
You are directed to be present personally or through your authorized agent at the hearing
with such evidence as you may like to adduce.
The grounds of objection(in brief) are:-
(a)
(b)
(c)
Place:
Date:
Signature of Revising Authority
Ward.…………………………………
_______
FORM-16.
(See rule 21(2)
NOTICE OF HEARING OF AN OBJECTION TO PARTICULARS IN THE
ELECTORAL ROLL
To
……………………………..
…………………………….
…………………………….
6718
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(Full name and address of objector)
Reference/objection No………….
Your objection to certain particulars in the entry relating to you will be heard
at………………….(Place)
at……………..O’clock
on
the
……………………day
of………………20 .
You are directed to be present personally or through your authorized agent at the hearing
with such evidence as you may like to adduce.
Place:
Date:
Signature of Revising Authority
Ward……………………………..
_______
FORM-17
(See rule 23(1)
NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL
It
is
hereby
notified
for
public
information
that
eljectoral
roll
for
ward
No.………………….(Ward) of Municipal Corporation……………has been prepared in
accordance with the Himachal Pradesh Municipal Corporation Election Rules, 2012 and a copy of
the said electoral roll is hereby published finally.
Date:
Place:
Electoral Registration Officer
(Municipal Corporation)
________
FORM-18.
(See rule 25).
APPLICATION FOR DELETION OF ENTRY IN ELECTORAL ROLL
To
The Electoral Registration Officer,
………………………………..
Sir,
I
submit
that
the
entry
at
Serial
No……………….in
the
electoral
roll
for………………………..ward relating to Shri./Smt…………………………………son/daughter
of Shri/Smt…………………………………………………..requires to be deleted as the said
person is not entitled to be registered in the electoral roll for the following reasons:-
……………………………
……………………………
I hereby declare that the facts submitted by me hereinabove are true to the best of my
knowledge and belief and I also know that any person who makes a statement of declaration which
is false and which he either knows or believeto be false or does not believe to be true is punishable
in accordance with the law in force.
6719
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I declare that I am a voter of this ward being enrolled at Serial No……………..
Place:
Date:
Signature/thumb impression of applicant
(Full postal address).
______
FORM-19.
(See rule 34)
NOTICE OF ELECTION PROGRAMME
Notice is hereby given that -
1.
An election is to be held for electing a—
*Councilor from………ward(S) of Municipal Corporation.
*Mayor/Deputy Mayor of………………..ward(s) of Municipal Corporation.
2.
Nomination paper may be delivered by a candidate or his proposer to the
……………………..(Authority) at ……………. between 11 A.M. and 3 P.M.
from…………………to……………………..(dates).
3.
Forms of nomination papers may be obtained at the place and time aforesaid.
4.
The nomination papers will be taken up for scrutiny at………………..
5.
Notice of withdrawal of candidature may be delivered by a candidate or his proposer
to the authority specified in paragraph (2) above at his office before 3. P.M. on
the……………………………………
6.
The symbols to the contesting candidates shall be allotted on…………(dated) after
the time of withdrawal is over and list of contesting candidates shall be prepared in Form-
25……..at……………….P.M. 7. In the event of the election being contested the poll will be taken
on………………………………….between the hours of…………..and ………….
Returning Officer.
_______
FORM-20
(See rule 37)
NOMINATION PAPER
Election to the Councillor from ward No. and Name………. of Municipal Corporation,
Shimla.
Election to the office of the Mayor/Deputy Mayor of Municipal Corporation, Shimla.
I
hereby
nominate
Sh./Smt………………………………………………………………………………………………
………………..………………………(Candidate’s/father Name with complete address) as a
candidate for above election. His name is entered at the serial No…………….of electoral roll of
polling station No………..of ward No………of Municipal Corporation…………My name is
entered at Serial No…………….of electoral roll of polling station…........of ward No…… of
Municipal Corporation………..
6720
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Date:
Signature of proposer.
full name & address of proposer
(to be filled by the candidate).
I………………….the above mentioned candidate assent to this nomination and hereby
declare:-
(a)
That I have completed………….years of age; and
(b)
That I have not been disqualified for contesting of election(s) under any law in
force.
(c)
That I am set up in this election by the ………….party.
Dated:
Signature of candidate.
Note:-
(Further declaration to be made by a Scheduled Caste or Scheduled Tribe candidate or other
Backward Classes candidate ).
________________________________________________________________________
I hereby declare that I am a member of the ……………………caste/tribe / other Backward
Classes which has been declared to be Scheduled Caste or Tribe or other Backward Classes in
Himachal Pradesh.
Dated……..
Signature of candidate.
________
Verification by Executive Magistrate
The above declaration is solemnly affirmed before me by………….who is personally
known to me/who has been identified to my satisfaction by………………………………..
Date:
Place:
Signature with seal.
(Decision of Returning Officer regarding accepting or rejection the nomination paper).
(To be filled by the Returning Officer).
I have examined this nomination paper in accordance with rule 41 of the Himachal Pradesh
Municipal Corporation Election Rules, 2012 and decided as follow:-
Date:
Returning Officer.
Place
The symbol assigned to the candidate is……………………………………….
Date:
Returning Officer.
Place
6721
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Receipt of Nomination Paper
(To be filled in by the Returning Officer or specified authority)
Serial No. of nomination paper………………..
This
nomination
paper
was
delivered
to
me
at
my
office
on……………………………….(date)…………………..at………….(hours)…………………..and
shall be taken up for scrutiny on at……………………..(place) ………………….of
…………………(hours)…………….
Place:
Date:
Returning Officer/Specified Authority.
Important Note:- (i) Returning Officer will examine that alongwith Form-20 (nomination
paper), each candidate is supplied with a copy of Annexure-I prescribed by the State Election
Commission under the HP Panchayat and Municipalities Elections (Disclosure) specified
information by the candidates) Regulation, 2004.
(ii)
It is compulsory for every contesting candidate to submit alongwith nomination
papers, the aforesaid Annexure-I in affidavit form duly attested by a Magistrate or aNotary Public
or an Oath Commissioner.
(iii)
The candidate will also to extra attested photocopy of the said Annexure alongwith
original Affidavit to Returning Officer.
_______
Form-21
(See Rule-39 )
NOTICE OF NOMINATION
Election to:-
Councillor from ward No……………….. of Municipal Corporation.
Mayor/Deputy Mayor of Municipal Corporation…….
Notice is hereby given that the following nominations in respect of the above election have
been received upto 3 P.M. today……………………
S.No. of
Nominati
on
paper
Name
of
Candi
date
Name
of
father/
husband
Age
of
candidate
Address
Particulars
of
caste/tribe/
OBC of
candidate
belonging
to
Sch.
Caste/Tribe/
OBC
S.No.of
candidate
in the
electoral
roll
Name of
proposer
S.No.of
propose
r in the
electoral
roll.
1
2
3
4
5
6
7
8
9
Place:
Date:
Returning Officer or Specified Authority.
6722
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FORM-22.
[(See rule-40 (7) ]
LIST OF VALIDLY NOMINATED CANDIDATES
Election to:-
Councillor from ward No……………….. of Municipal Corporation.
Mayor/Deputy Mayor of Municipal Corporation…………
Sl.No.
Name of candidate
Name of father/husband
Address of candidate
1
2
3
4
Place:
Date:
Returning Officer.
________
Form 23
[See Rule-41(1) ]
NOTICE OF WITHDRAWAL
Election to:
Councillor from………………………..ward of Municipal Corporation.
Mayor/Deputy Mayor……………………ward of Municipal Corporation.
To
The Returning Officer,
………………………….
…………………………
I,………………………….a candidate nominated at the above election do hereby give
notice that I withdraw my candidature.
Place:
Date:
Signature of candidate.
This
notice
was
delivered
to
me
at
my
office
at…………(hours)
…………on
…………………..(date) by……………..(Name).
Returning Officer or specified authority.
_________
RECEIPT FOR NOTICE OF WITHDRAWAL
(To be handed over to the person delivering the notice).
The notice of withdrawal of candidature by………………a candidate at the election to-
Councillor from ward No…… of Municipal Corporation…………..Mayor/Deputy Mayor of
Municipal Corporation…………was delivered to me by the *
6723
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Candidate……………………….at……….my office at……………………..(hours)
on……………..(date).
Returning Officer or
Date……. specified authority.
-----------------------------------------------------------------------------------------------------------------------
FORM 24
[See rule 41(2)]
NOTICE OF WITHDRAWAL
Election to-
Councilllor ward No……………………….of Municipal Corporation……………….
Mayor/Deputy Mayor of Municipal Corporation…………
Notice is hereby given that the following candidate(s) at the above election withdrawn
his/their candidature(s) today:-
Sr. No.
Name of candidate
Address of candidate
Remarks
1
2
3
4
1.
2.
3.
4.
5. etc.
Place:
Returning Officer or Specified authority.
________
FORM-25
(See rule-42 )
LIST OF CONTESTING CANDIDATES
Election to-
Councilllor ward No……. of Municipal Corporation.
Mayor/Deputy Mayor of Municipal Corporation…….
Sr. No.
Name of candidate
Address of candidate
Symbol Allotted
1
2
3
4
Date:
Place:
Returning Officer.
6724
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FORM 26
(See rule 45)
FORM OF APPOINTMENT OF ELECTION AGENT
I…………………………a candidate for election of -
Councillor from ward No….. of Municipal Corporation.
Mayor/Deputy Mayor of Municipal Corporation………
to
be
held
on……………………….hereby
appoint
Shri/Smt…….S/D/O…………R/O..……as my election agent from this date upto the conclusion of
the above election.
Date:
Signature of Candidate.
Place:
I accept the above appointment.
Dated:
Agent:
Place:
Signature of Election Agent.
I hereby declare that at the above election I will not do any thing forbidden by the
HimachalPradesh Municipal Corporation Act, 1994 and the rules made thereunder, which I have
read/has been read over to me.
Signature of Election Agent
Approved.
Dated:
Place:
Signature of Returning Officer.
________
FORM 27
[See rule 46(2)]
APPOINTMENT OF POLLING AGENT
Councilllor ward No…………….. of Municipal Corporation.
Mayor/Deputy Mayor of ……………..ward of Municipal Corporation.
I …………………………………….a candidate at the above election do hereby appoint
Sh.…………………….S/o Sh/D/o/R/o……………….as polling agent to attend polling station
No………………..Place fixed for the Poll…………at………………….
Place:
Date:
Signature of candidate.
I agree to act as such polling agent.
Signature of Polling Agent.
6725
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(Declaration of polling agent to be signed before Presiding Officer)
I hereby declare that at the above election I will not do any thing forbidden by the Himachal
Pradesh Municipal Corporation Act, 1994or Rule made there under which I have read/has been
read over to me.
Place:
Date:
Signature of Polling Agent.
Signed before me.
Place:
Date:
Presiding Officer.
_______
FORM-28
(See rule 48(2)
REGISTER FOR MAINTENANCE OF DAY-TO-DAY ACCOUNT OF ELECTION
EXPENDITURE BY CONTESTING CANDIDATES FOR ELECTION TO WARD/
MUNICIPAL CORPORATION
1. Name of candidate………………………………………………...............
2. *Ward/Municipal Corporation from which contested……………………
3. Seat for which contested……………………………………………..........
4. Date of filing nomination………………………………………….............
5. Date of declaration of result…………………………………………….....
Date of
Expdt.
Nature
of
Expdt.
Amount of Expdt.
Date of
payment
Name
and
address
of
payee.
No of
Vouchers
in case of
amount
paid.
No. of bills
in case of
amount
outstanding.
Name and
address of
the person
to whom
the
amount
outstanding
is payable.
Remarks
paid
Outstan-
-ding
1
2
3
4
5
6
7
8
9
10
Certified that this is true copy of the account kept by me/my election agent.
Signature of contesting candidate.
________
FORM -29
(See rule 48(5)
DETAIL OF ELECTION EXPENSES BY CONTESTING CANDIATES FOR ELECTION
TO WARD/MUNICIPAL CORPORATION
Name of contesting candidate……………………………………………
Name of ward/Municipal Corporation…………………………………
Item of
Expenditure
Sources
from here
money
procured
Amount of
Expenditure
Date(s) of
payment
Mode
of
payment
Evidence of
payment
enclosed
with the
account
Remarks
1
2
3
4
5
6
7
6726
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1.
Expenditure on security deposit.
2.
Expenditure on purchase of copies of electoral rolls.
3.
Expenditure on printing of manifesto, and expenditure On printing of posters and hand bills
etc.
4.
Expenditure on pasting of posters.
5.
Expenditure on writing of wall writing and on publication of advertisements.
6.
Hiring charges of places for public meeting and hiring charges of pandals etc. for public
meetings.
7.
Hiring charges of loudspeakers for public meeting.
8.
Hiring charges on vehicle and Petrol, Oil and Lubrication(POL) used by the candidate.
9.
Hiring charges and Petrol, Oil and Lubrication(POL) on vehicle used by election
agent/polling agent.
10.
Misc. Expenditure(other than those listed above).
Signature of contesting candidate.
_________
FORM-30.
[See rule 48(11)]
PROFORMA FOR THE SUBMISSION OF ELECTION EXPENDITURE BY ONTESTING
CANDIDATES FOR ELECTION TO WARD/MUNICIPAL COPORATION
1.
Name of candidate………………………………………….
2.
*Ward/Municipal Corporation……………………………
3.
Seat for which contesting ……………………………………
4.
Date of filing nomination…………………………………
5.
Date of declaration of result………………………..
Date of
Expdt.
Nature
of
Expdt.
Amount of Expdt.
Date of
payment
Name
and
address
of
payee.
No of
Vouchers
in case of
amount
paid.
No. of bills
in case of
amount
outstanding.
Name and
address of
the person
to whom
the
amount
outstanding
is payable.
Remarks
paid
Outstan-
-ding
1
2
3
4
5
6
7
8
9
10
Certified that this is true copy of the amount kept by me/my election agent.
Signature of contesting candidate.
6727
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FORM-31
[See rule 48(11)]
AFFIDAVIT
I………………………………………... son/wife/daughter of …………..aged…………..
years…………resident of ……………do hereby solemnly and sincerely state and declare as
under:-
1.
That I was contesting candidate at the general election/bye-election to the ward
No……………../Municipal Corporation …………….the result of which was
declared on…….............
2.
That 1/my election agent kept a correct account of all expenditure in connection
with the above election incurred authorized by me or by my election agent
between…………..(the date on which I was nominated) and upto the date a day
after the declaration of the result thereof, both day inclusive.
3.
That the said account was maintained in Forms 28 to 30 appended to the Himachal
Pradesh Municipal Corporation Election Rules, 2012 and a true copy thereof is
annexed hereto with the supporting vouchers/bills mentioned in the said account.
4.
That the account of my election expenditure as annexed hereto included all items of
election expenditure incurred or authorized by me or by my election agent and
nothing has been concealed or withheld/suppressed therefrom.
5.
That the statements in the foregoing paragraphs 1 to4 are true to my personal
knowledge, that nothing is false and nothing material has been concealed.
Deponent,
Solemnly affirmed/sworn
by…………….at……….this day of 20………before me.
_______
FORM-32
(See rule 48(12)
ACKNOWLEDGEMENT
The detailed account of the election expenses on prescribed proforma in respect of
Shri……………………………(Candidate)from…………………….ward/Municipal
Corporation
result
of
which
was
declared
on…………………..(Date)
filed
by
him
on…………………………..(Dated) has been received by me today the ………….(Date) of
……………………..(Month)……………………….(Year).
Returning Officer.
6728
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
FORM-33
(See rule 50)
FOR USE IN ELECTION WHEN SEAT IS UNCONTESTED
Election to:
Councillor ward No………………….. of Municipal Corporation……………….
Mayor/ Deputy Mayor…………………..Municipal Corporation……………..
In pursuance of the provision contained in rule 50 of the Himachal Pradesh Municipal
Corporation Election Rules, 2012, I declare that -
Name…………………………..
Address…………………………………………
Has been duly elected as Councillor/ Mayor/ Deputy Mayor from the above ward/Municipal
Corporation.
Place:
Date:
Signature of Returning Officer.
________
FORM 34
[See rule 56(2) and 75]
PART-I
RECORD OF PAPER SEAL USED
Election to Municipal Corporation……………………From……………….ward.
Number and name of polling station……………………………………………
Serial No. of ballot box used
Serial No. of paper seal used.
Remarks
1
2
3
Signature of polling agent.
________
PART-II
ACCOUNT OF PAPER SEAL
1.
Serial No. of Paper seal supplied
1 ………………………………
to…………….total………..
2.
No. of Paper seal used…………….
2. …………………………………
3.
No. of unused paper seals…………….
3. ………………………………….
to…………..total.………………….
4.
serial No. of damaged seals, if any……
4. …………………………………..
to……………total……………………
Place:
Date:
Signature of Presiding Officer.
6729
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
FORM 35
[See rule 58(1)]
BALLOT PAPER
Election of Councillor from Ward No …………(with name) ….. of Municipal Corporation……...
Election of Mayor/Deputy Mayor……………………Municipal Corporation……..
*Ward/Municipal Corporation……………………………………………….
Serial Number of Voter………………………………………………………….
Number…………………………………………………………………………….
Signature/thumb impression.
………………………..,……………………………………………………………..
No. and Name of *Ward/Municipal Corporation……………………………………………..
Name of Candidate
Symbol
1
2
FORM 36
[See rule 64(1)]
APPLICATION FOR ELECTION DUTY CERTIFICATE
To
The Returning Officer for…………….
Ward No…………………..Municipal Corporation ,……………………
Sir,
I intend to cast my vote in person at the ensuing election to……………..Councillor
from Ward No…………………..of Municipal Corporation…………
I have been posted on election duty within the ward …………….. at .………(no & name of
polling
station)…………………….but
my
name
is
entered
at
Serial
No……….Part
No………….of the Electoral Roll for……………Ward comprised within Municipal Corporation.
I request that an Election Duty Certificate (Form -38) may be issued to enable me to vote
at the polling station where I may be on duty on the polling day.
It may be sent to me at the following address:-
Name…………………………………………
Address………………………………………..
………………………………………..
Date
Yours faithfully,
Place:
(
).
6730
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
FORM-37
[See rule 64(2)]
LETTER OF INTIMATION TO RETURNING OFFICER
To
The Returning Officer
Ward No (with name) …………..Municipal Corporation.
Sir
I intend to cast my vote by post at the ensuring election to;-
Mayor /Deputy Mayor / Councillor from……………(Ward) of Municipal Corporation……..
My name is entered at Sr. No……………..in part No…………of the Electoral Roll for
Ward No…………………………Municipal Corporation.
All the three ballot paper may be sent to me at the following address:-
Name………………………
Address………………………..
…………………………
Yours faithfully,
Date:
Place:
(
)
________
FORM 38
[See rules 64(2) and 65(1)]
ELECTION DUTY CERTIFICATE
Certified that………………..is an elector in ward No………. of *Municipal Corporation
……………………His electoral roll number being……………by reason of his being on election
duty, he is unable to vote at the polling station where he is entitled to vote and that he is, therefore,
hereby authorized to vote at any polling station in the said ward(s) where he may be on duty on the
day of poll.
Place:
Date:
Signature of Returning Officer.
SEAL
_______
FORM-39
(See rule 68)
DECLATATION BY THE COMPANION OF BLIND OR INFIRM VOTER
*Election of Councillor from Warnd No………………Ward of Municipal Corporation.
*Election of Mayor/Deputy Mayor…………………Municipal Corporation.
6731
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
I
………(No.
and
name
of
Polling
Station………
………
.)
son
of………………….aged…………..resident
of
(Full
Address)………………………………
……………………………………………..hereby declare that -
(a)
I have not acted as companion of any other voter at this or any other polling station
today, the……day of 20………… and
(b)
I will not disclose the secrecy of the vote recorded by me on behalf of…………….
Name of voter and his serial,
No. in the electoral roll to be given
Place:
Date:
Signature of companion.
________
FORM 40
[See rule 68(2)]
LIST OF BLIND AND INFIRM VOTERS
*Election of Councillor from Ward No.………………….Ward of Municipal Corporation.
Mayor/Deputy Mayor Municipal Corporation…………………
Number and name of polling station…………………………………..
Sl. No. of Voter
Full Name of
Voter
Full Name of
companion
Address of
companion
Signature of
companion
Dated:
Signature of Presiding Officer.
________
FORM 41
[See rules 70(2) and 75)]
LIST OF TENDERED VOTER
*Election of Councillor from Ward No………………….. of Municipal Corporation.
Election of Mayor/Deputy Mayor………………Municipal Corporation.
No. and name of Polling station…………………
S.No.
Name of Voter
Address
of Voter
S.No of
tendered
Ballot
Paper
S.No. of
Ballot
paper issued
to
the person
who
has already
voted
Signature or
thumb
impression of
person
tendering vote
1
2
3
4
5
6
Place:
Dated:
Signature of Presiding Officer.
6732
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
FORM 42
[See rules 71(1) and 75)]
LIST OF CHALLENGED VOTES
*Election of Councillor from Ward No………………….. of Municipal Corporation.
Election of Mayor/Deputy Mayor………………Municipal Corporation.
No. and name of Polling station…………………
S.No. of
voter
Name and
address
Signature or
thumb
impression of
voter
Name of
identifier, if any
Order of
Presiding
Officer in
each case
Place:
Dated:
Signature of Presiding Officer.
________
FORM -43
(See rule 74)
BALLOT PAPER ACCOUNT
Election of Councillor from Ward No……………..ward of Municipal Corporation.
Election of Mayor/Deputy Mayor Municipal Corporation………….
Number and name of polling station………………………….
PART-I
Serial No.
Total No.
(i)
Ballot papers received
(ii)
Ballot papers not used
(iii)
Ballot papers issued to voters
(iv)
Ballot papers cancelled
(v)
Ballot papers used for tendered votes
Dated:
Signature of Presiding Officer.
Place
________
PART-II
RESULT OF COUNTING
Sr. No.
Name Candidate
No. of valid votes polled
1
2
3
4
etc
6733
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
Total number valid votes polled
Rejected Ballot Paper
Total No. of ballot papers in the ballot box(s)
Difference, if any
Signature of Counting Supervisor
Signature of Returning Officer
Date:
_______
FORM-44
RETURN OF ELECTION
[See rule 80 (6) ]
Election to the Municipal Corporation……………. from Ward No………
Sr. No.
Name Candidate
No. of valid votes polled
1
2
3
4
5
Total number of votes polled
Total number of valid votes polled
Total number of rejected votes.
I declare that ………..(name & address)…………… has been duly elected to fill the seat in
Municipal Corporation………….. Ward No……….
Place:
Date:
Signature of Returning Officer
_______
FORM 45
[See rule 77(4)]
PART-I
APPOINTMENT OF COUNTING AGENTS
Election of Councillor from ward No…………….. of Municipal Corporation………….
Election of Mayor/Deputy Mayor Municipal Corporation………..
I, ……………………….a candidate/of Shri/Smt…………………who is a candidate at the above
election do hereby appoints Shri/Smt…………………address……………………………….as a
counting agent to attend the counting of votes at……………
Date:
Place:
Signature of Candidate.
I agree to act as such counting agent.
Signature of counting agent.
Date:
Place:
6734
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
Declaration of counting agent to be signed before the Returning Officer.
I hereby declare that at the above Corporation election I shall not do anything forbidden by
section 22 and any other relevant sections of the Himachal Pradesh Municipal Corporation Act,
1994 and rules made thereunder, which I have read/has been read over to me.
Place:
Date:
Signature of Counting Agent.
Signed before me.
Place:
Date:
Returning Officer.
________
FORM 46
[See rule 80(3)]
RETURN OF ELECTION OF COUNCILORS
Election of Councillor ward No.…………….. of Municipal Corporation.
Election of Mayor/Deputy Mayor………….Municipal Corporation………..
Sr. No.
Name Candidate
No. of valid votes polled
1
2
3
4
5
etc.
(a)
Total of valid votes polled…………..
(b)
Total No. of rejected votes………….
(c)
Total No. of votes polled…………….
I, declared that—
Name…………………….
Address……………………….
……………………………
Has been duly elected as Mayor/Deputy Mayor/ Councilor from the above ward No…….of
Municipal Corporation………..
Place:
Date:
Signature of Returning Officer.
6735
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
FORM-47
[See rule-80(3)]
RESULT SHEET OF THE ELECTION OF COUNCILORS
Election of Councillor from ward No. …………….. of Municipal Corporation………..
Sr. No.
Name Candidate
No. of valid votes polled
1
2
3
4
5
etc.
(a)
Total of valid votes polled…………..
(b)
Total No. of rejected votes………….
(c)
Total No. of votes polled (a+b)…………….
(d)
Total No. of tendered votes……………
(e)
Remarks………………….
Place of Counting…………
I declare that :-
Name…………………….
Address……………………….
……………………………
Has been duly elected as Councilor from the above ward.
Place:
Date:
Signature of Returning Officer.
________
FORM-48
[See rule 80(3)]
RESULT OF ELECTION OF MAYOR /DEPUTY MAYOR
Election of Mayor/Deputy Mayor………….Municipal Corporation.
Sr. No.
Name Candidate
No. of valid votes polled
1
2
3
4
5
etc.
(a) Total of valid votes polled…………..
(b) Total No. of rejected votes………….
6736
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
(c) Total No. of votes polled…………….
I, declared that—
Name…………………….
Address……………………….
……………………………
Has been duly elected as Mayor/Deputy Mayor of the above Municipal Corporation.
Place:
Date:
Signature of Returning Officer.
________
FORM-49
[See rule 80(3)]
RESULT SHEET
Election of Mayor/Deputy Mayor of Municipal Corporation……
Sr. No.
Name Candidate
No. of valid votes polled
1
2
3
4
5
etc.
(a) Total of valid votes polled…………..
(b) Total No. of rejected votes………….
(c) Total no. of votes polled (a+b)…………
(d) Total No. of tendered votes………..
(e) Remarks………………………..
Place of Counting:
Date:
Signature of Returning Officer.
________
FORM- 50
[See rule 89(3)]
I…………………………….the petitioner in the accompanying election petition calling in
question the election of Shri/Smt……………………..from……………………………respondent
No……………………in the said petition make solemn affirmation/oath and say,-
(a)
That the statement made in paragraphs………………………of the accompanying
lection about the commission of corrupt practices of the ……………………..and the
particulars of such corrupt practices given in paragraph ………………of the
Schedule annexedthereto are true to my knowledge.
6737
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
(b)
That the statement made in paragraph………………of the said petition about the
commission of the corrupt practices of ……………………..and the particulars of
such corrupt practices given in paragraphs…………………….of the said petition
and in paragraphs…………………..of the schedule annexed thereto are true to my
knowledge;
(c)
(d)
Etc.
Signature of deponent.
Solemnly affirmed/sworn by Shri/Smt…................................. at this…….......……….day
of……………………20……………………. Before me.
Executive Magistrate.
By order,
BHARATHI S. SIHAG,
Principal Secretary (U.D.).
_________
LokLF; ,oa ifjokj dY;k.k foHkkx
vf/klwpuk
f”keyk&171002] 10 vxLr] 2010
la[;k LokLF;&,&,¼3½&17@2010-&&fgekpy izns”k dh jkT;iky] Hkkjr ds lafo/kku ds vuqPNsn
309 ds ijUrqd }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns”k yksd lsok vk;ksx ds ijke”kZ ls]
fgekpy izns”k fpfdRlk f”k{kk foHkkx esa Nk=kokl izcU/kd] oxZ&III] ¼vjktif=r½ ds in ds fy, bl
vf/klwpuk ls layXu mikcU/k&^^d** ds vuqlkj HkrhZ vkSj izksUufr fu;e cukrh gaS] vFkkZr~ %&
1- laf{kIr uke vkSj izkjEHk-&&¼1½ bu fu;eksa dk laf{kIr uke fgekpy izns”k fpfdRlk f”k{kk
foHkkx] Nk=kokl izcU/kd] oxZ&III ¼vjktif=r½ HkrhZ vkSj izksUufr fu;e] 2011 gSA
¼2½ ;s fu;e jkti=] fgekpy izns”k esas izdkf”kr fd, tkus dh rkjh[k ls izo`Rr gksaxsA
2- fujlu vkSj O;ko`fr;ka-&&¼1½ bl foHkkx dh vf/klwpuk la[;k LokLF;&,¼3½& 6@94 fnukad
15&5&2000 }kjk vf/klwfpr fgekpy izns”k fpfdRlk f”k{kk foHkkx esa Nk=kokl izcU/kd] oxZ&III-
¼vjktif=r½ HkrhZ ,oa izksUufr fu;e] 2000 dk ,rn~}kjk fujlu fd;k tkrk gSA
¼2½ ,sls fujlu ds gksrs gq, Hkh mi;ZqDr mi&fu;e 2¼1½ ds v/khu bl izdkj fujflr fu;eksa ds
v/khu dh xbZ dksbZ fu;qfDr] ckr ;k dkjZokbZ bu fu;eksa ds v/khu fof/kekU; :Ik esa dh xbZ le>h tk,xhA
vkns'k }kjk
gLrk{kfjr@&
iz/kku lfpo ¼LokLF;½A
6738
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
mikcU/k&ßdÞ
fgekpy izns'k fpfdRlk f”k{kk foHkkx esa Nk=kokl izcU/kd] oxZ&III ¼vjktif=r½ ds in ds fy,
HkrhZ vkSj izksUufr fu;e
1- Ikn dk uke-&&Nk=kokl izcU/kdA
2- Iknksa dh la[;k-&&03 ¼rhu ½A
3- OkxhZdj.k-&&oxZ&III ¼vjktif=r½A
4- Oksrueku-&&(i)
fu;fer in/kkfj;ksa ds fy, Oksrueku-&& is cSaM ` 5910&20200 tek `
2800@& xszM isA
(ii) lafonk ij fu;qDr deZpkfj;ksa ds fy, miyfC/k;ka-&&` 8710/- :Ik, izfrekl] LrEHk
la[;k 15&d esa fn, x, C;kSjs ds vuqlkj A
5- Pk;u in vFkok vp;u in-&&vp;uA
6- lh/kh HkrhZ ds fy, vk;q-&& 18 ls 45A
ijUrq lh/ks HkrhZ fd, tkus okys O;fDr;ks ds fy, mijh vk;q lhek rnFkZ ;k lafonk ds vk/kkj ij
fu;qDr fd, x, O;fDr;kas lfgr igys ls gh ljdkj dh lsok esa jr vH;fFkZ;ksa dks ykxw ugha gksxh %
ijUrq ;g vkSj fd ;fn rnFkZ ;k lafonk ds vk/kkj ij fu;qDr fd;k x;k vH;FkhZ bl #i esa
fu;qfDr dh rkjh[k dks vf/kd vk;q dk gks x;k gks] rks og rnFkZ ;k lafonk ds vk/kkj ij fu;qfDr ds
dkj.k fofgr vk;q esa NwV ds fy, ik= ugha gksxk %
ijUrq ;g vkSj fd vuqlwfpr tkfr;ksa@vuqlwfpr tutkfr;ksa@vU; oxkZa ds O;fDr;ksa ds fy, mijh
vk;q lhek esa mruh gh NwV nh tk ldsxh] ftruh fgekpy izns'k ljdkj ds lk/kkj.k ;k fo'ks’k vkns'kksa ds
v/khu vuqKs; gS%
ijUrq ;g vkSj fd ifCyd lSDVj] fuxeksa rFkk Lok;r fudk;ksa ds lHkh deZpkfj;ksa dks] tks ,sls
ifCyd lSDVj fuxeksa rFkk Lok;r fudk;ksa ds izkjfEHkd xBu ds le; ,sls ifCyd lSDVj fuxeksa@Lok;r
fudk;ksa ls iwoZ ljdkjh deZpkjh Fks] lh/kh HkrhZ esa vk;q lhek esa ,slh gh fj;k;r nh tk,xh] tSlh ljdkjh
deZpkfj;ksa dks vuqKs; gS] fdUrq bl izdkj dh fj;k;r ifCyd lSDVj fuxeksa rFkk Lok;r fudk;ksa ds ,sls
deZpkjho`Un dks vuqKs; ugha gksxh tks Ik”pkrorhZ ,sls fuxeksa@Lok;r fudk;ksa }kjk fu;qDr fd, x,
Fks@fd, x, gSa vkSj mu ifCyd lSDVj fuxeksa@Lok;r fudk;ksa ds izkajfHkd xBu ds Ik”pkr
fuxeksa@Lok;r fudk;ksa dh lsok esa vfUre #i ls vkesfyr fd, x, gS@fd, x, FksA
1- lh/kh HkrhZ ds fy, vk;q lhek dh x.kuk] ml o’kZ ds izFke fnol ls dh tk,xh ftlesa in
¼inksa½ dks] vkosnu vkeaf=r djus ds fy, ;FkkfLFkfr foKkfir fd;k x;k gS ;k fu;kstuky;ksa dks
vf/klwfpr fd;k x;k gSA
2- vU;Fkk lqvfgZr vH;fFkZ;ksa dh n”kk esa lh/kh HkrhZ ds fy, vk;q lhek vkSj vuqHko fgekpy
izns”k yksd lsok vk;ksx ds foosdkuqlkj f”kfFky fd;k tk ldsxkA
6739
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
7- Lkh/ks HkrhZ fd;s tkus okys O;fDr¼O;fDr;ksa½a ds fy, visf{kr U;wure 'kSf{kd vkSj vU; vgZrk,a-
&&¼1½ vfuok;Z vgZrk-&&fdlh ekU;rk izkIr laLFkku las dSVfjax eSustj esa fMIyksek@ lfVZfQdsV@dkslZ ds
lkFk nl tek nks A
¼2½ okaNuh; vgZrk-&&fgekpy izns”k dh #f<+;ksa] jhfr;ksa vkSj cksfy;ksa dk Kku vkSj izns”k esa
fo|eku fof”k"V n”kkvksa esa fu;qfDr ds fy, mi;qDrrkA
8- Lkh/ks HkrhZ fd, tkus okys O;fDr¼;ksa½ ds fy, fofgr vk;q vkSj 'kSf{kd vgrkZ,a izksUur
O;fDr¼;ksa½ dh n'kk esa ykxw gksxh ;k ugha-&&¼d½ vk;q-&& ykxw ugha A
¼[k½ 'kS{kf.kd vgZrk-&& ykxw ughaA
9- Ikfjoh{kk dh vof/k] ;fn dksbZ gks-&&nks o"kZ] ftldk ,d o"kZ ls vuf/kd ,slh vkSj vof/k ds
fy, foLrkj fd;k tk ldsxk] tSlk l{ke izkf/kdkjh fo'ks"k ifjfLFfr;ksa esa vkSj fyf[kr dkj.kksa ls vkns'k nsA
10- HkrhZ dh Ik)fr&&HkrhZ lh/kh gksxh ;k izksUufr] izfrfu;qfDr] LFkkukrj.k }kjk vkSj fofHkUu
Ik)fr;ksa }kjk Hkjs tkus okys in¼inksa½dh izfr'krrk-&&¼i½ 66&2@3 izfr”kr] ;FkkfLFkfr lh/kh HkrhZ }kjk ;k
lafonk ds vk/kkj ij A lafonk ij fu;qDr deZpkjh LrEHk la[;k 15&d esa nh xbZ miyfC/k;ka izkIr djsaxs
vkSj rFkkdfFkr LrEHk esa fofufnZ’V lsok “krksZa }kjk fofu;fer gksaxsA
(ii) 33&1@3 izfr”kr izksUufr }kjk A
11- IkzksUufr] izfrfu;qfDr] LFkkukUrj.k dh n'kk esa Jsf.k;k ¼axzsM½ ftuls izksUufr@izfrfu;qfDr@
LFkkukUrj.k fd;k tk;sxk-&&gkÅl dhijksa esa ls izksUufr }kjk] ftudk ikap o’kZ dk fu;fer lsokdky ;k
xzsM esa dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] dks lfEefyr djds ikap o’kZ dk fu;fer lsokdky gksA
ijUrq ;g fd Nk=kokl izcU/kd ds in dks Hkjus ds fy, fuEufyf[kr in vk/kkfjr 03 fcUnq jksLVj
viuk;k tk,xk %&
1- igyk in izksUufr }kjk
2- nwljk in lh/kh HkrhZ }kjk
3- rhljk in lh/kh HkrhZ }kjk
fVIi.k-&&izR;ds rhljs fcUnw ds Ik”pkr~ jksLVj dh iqujko`fr dh tk,xh tc rd fd lHkh izoxksZa dks
fn, x, izfrfuf/kRo dh izfr”krrk iw.kZ u gks tk,A rRi”pkr~ fjfDr ml izoxZ esa ls Hkjh tk,xh ftlesa in
fjDr gksrk gksA
ijUrq izksUufr ds iz;kstu ds fy, izR;sd deZpkjh dks] tutkrh;@nqxZe {ks=ksa esa in ¼inksa½ dh ,sls
{ks=ksa esa Ik;kZIr la[;k dh miyC/krk ds v/;/khu] de ls de ,d dk;Zdky rd lsok djuh gksxh %
ijUrq ;g vkSj fd mi;qZDr ijUrqd ¼1½ mu deZpkfj;ksa ds ekeys esa ykxw ugha gksxk ftudh
vf/kof’kZrk ds fy, ikap o’kZ ;k mlls de dh lsok “ks’k jgh gksa %
ijUrq ;g vkSj Hkh fd mu vf/kdfj;ksa@deZpkfj;ksa dks] ftUgksaus tutkrh;@nqxZe {ks= esa de ls
de ,d dk;Zdky rd lsok ugha dh gS] ,sls {ks= esa mlds vius laoxZ ¼dkMj½ esa loZFkk ofj’Brk ds
vuqlkj LFkkukUrj.k fd;k tk,xkA
li’Vhdj.k I.&&mi;ZqDr ijUrqd ds iz;kstu ds fy, tutkrh;@nqxZe {ks=ksa esa ßdk;Zdkyß ls
lk/kkj.kr;k rhu o’kZ dh vof/k ;k iz”kklfud vis{kkvksa vkSj deZpkjh }kjk fd, x, dk;Z dks /;ku esa j[krs
gq, ,sls {ks=ksa esa rSukrh dh blls de vof/k vfHkizsr gksxhA
6740
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
li’Vhdj.k II.—mi;ZqDr ijUrqd ds iz;kstu ds fy, tutkrh;@nqxZe {ks= fuEu izdkj ls
gksxs %&
1- ftyk ykgkSy ,oa fLifr A
2- pEck ftyk dk ikaxh vkSj HkjekSj mi e.My A
3- jksgMw mi e.My dk MksMjk Dokj {ks= A
4- ftyk f”keyk dh jkeiqj rglhy dk iUnzg chl ijxuk] equh’k njdkyh vkSj xzke iapk;r
dk”kkiV A
5- dqYyw ftyk dk iUnzg chl ijxuk A
6- dkaxM+k ftyk ds cStukFk mi e.My dk cMk Hkaxky {ks= A
7- ftyk fdUukSj A
8- fljekjS ftyk esa mi rglhy dejkm ds dkBokM+ vkSj dksjxk iVokj o`Rr] js.kqdkth rglhy
ds HkykM+&HkykSuk vkSj lkaxuk iVokj o`Rr vkjS f”kykbZ rglhy ds dksVk ikc iVokj o`Rr A
9- e.Mh ftyk esa djlksx rglhy dk [kU;ksy&cxM+k iVokj o`Rr] ckyh pkSdh mi rglhy ds
xkMk xkslkbZa] eB;kuh] ?ku;kM]+ Fkkph] ckxh] lksexkM+ vkSj [kksykuky] i)j rglhy ds
>kjokM]+ dVqx<]+ xzkeu] nsox<]+ VSªyk] jksik] dFkksx] flYg&HkMokuh] gLriqj] ?kejsM vkSj HkVs<+
iVokj o`Rr] Fkqukxa rglhy ds fp;w.kh] dkyhikj] ekux<]+ Fkkp&cxM+k] mÙkjh ex: vkSj
nf{k.kh ex: iVokj oR`r vkSj lqUnjuxj rglhy dk cVokM+k iVokj o`Rr A
¼1½ izksUufr ds lHkh ekeyksa eas] in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks’kd½ in esa dh xbZ
yxkrkj rnFkZ lsok] ;fn dksbZ gks] izksUufr ds fy, bu fu;eks esa ;Fkkfofgr lsokdky ds fy,] bl 'krZ ds
v/khu jgrs gq, x.kuk esa yh tk,xh] fd lEHkjd izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ ,oa izksUufr fu;eksa
ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds Ik'pkr dh xbZ Fkh%
ijUrq mu lHkh ekeyksa] esa ftuesa dksbZ dfu’B O;fDr lEHkjd in esa vius dqy lsokdky ¼rnFkZ
vk/kkj ij dh xbZ rnFkZ lsok lfgr] tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½ ds vk/kkj ij mi;qZDr
fufnZ’V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius izoxZ@in@dkMj esa
mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs le; dfu"B O;fDr;ksa ls
Åij j[ks tk,axs %
ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh] ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls
de rhu o"kZ dh U;wure vgrkZ lsok ;k in ds HkrhZ vkSj izksUufr fu;eksa esa fofgr lsok] tks Hkh de gks]
gksxh%
ijUrq ;g vkSj Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrqd dh vis{kkvksa ds dkj.k izksUufr fd, tkus
lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fy, vik= le>k
tk,xk@le>s tk,axsA
Li"Vhdj.k-&&vfUre ijUrqd ds vUrxrZ dfu"B in/kkjh izksUufr ds fy, vik= ugha le>k tk,xk
;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS ftls fMeksfcykbTM vkeZM QksflZl ijlksuy ¼fjtosZ'ku vkQ
osdsUlht bu fgekpy LVsV uku VSDuhdy lfoZflt½ #Yt] 1972 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ
fd;k x;k gS vkSj buds vUrxZr ojh;rk ykHk fn, x;s gksa ;k ftls ,Dl lfoZleSu ¼fjtosZ'ku vkQ
osdsUlht bu nh fgekpy izns'k VsfDudy lfoZflt½ #Yt] 1985 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ
fd;k x;k gks vkSj buds vUrxZr ojh;rk ykkHk fn, x;s gks
(2) blh izdkj LFkkbZdj.k ds lHkh ekeyks es ,sls in ij fu;fer fu;qfDr ls iwoZ lEHkjd in ij
dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn rnFkZ
fu;qfDr@izksUufr] mfpr p;u ds Ik'pkr vkSj HkrhZ vkSj izksUufr fu;eksa ds micU/kksa ds vuqlkj dh xbZ Fkh %
6741
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ijUrq dh xbZ mi;qZDr fufnZ"V rnFkZ lsok dks x.kuk esa ysus ds Ik'pkr~ tks LFkkbZdj.k gksxk] mlds
QyLo#Ik ikjLifjd ojh;rk vifjofrZr jgsxhA
12- ;fn foHkkxh; izksUufr Lkfefr fo|eku gks rks mldh lajpuk-&&tSlh ljdkj }kjk
le;≤ ij xfBr dh tk, A
13- HkrhZ djus esa ftu ifjfLFkfr;ksa esa fgekpy izns'k yksd lsok vk;ksx ls ijke'kZ fd;k
tk,xk&tSlk fof/k }kjk visf{kr gks A
14- Lkh/kh HkrhZ ds fy, vfuok;Z vis{kk-&&fdlh lsok ;k in ij fu;qfDr ds fy, vH;FkhZ dk Hkkjr
dk ukxfjd gksuk vfuok;Z gS A
15- Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&&Lkh/kh HkrhZ ds ekeys esa in ij fu;qfDr ds
fy, p;u] ekSf[kd ijh{kk ds vk/kkj ij fd;k tk,xk A ;fn] ;FkkfLFkfr] fgekpy izns”k yksd lsok vk;ksx
;k vU; HkrhZ izkf/kdj.k ,slk djuk vko”;d ;k lehphu le>s] rks fyf[kr ijh{kk ds vk/kkj ij fd;k
tk,xk ftldk Lrj@ikB;Øe] ;FkkfLFkfr] vk;ksx@vU; HkrhZ izkf/kdj.k }kjk vo/kkfjr fd;k tk,xkA
15&d-
lafonk fu;qfDr }kjk in ij fu;qfDr ds fy, p;u bu fu;eksa esa fdlh ckr ds gksrs gq,
Hkh in ij lafonk fu;qfDr;ka uhps fn, x, fucU/kuksa vkSj “krksZa ds v/;/khu dh tk,axh %&
¼I½ ladYiuk-&&¼d½ bl ikfylh ds v/khu fgekpy izns”k fpfdRlk f”k{kk foHkkx esa Nk=kokl
izcU/kd dks lafonk ds vk/kkj ij izkjEHk esa ,d o’kZ ds fy, yxk;k tk,xk A ftls o’kkZuqo’kZ vk/kkj ij
c<+k;k tk ldsxk %
ijUrq o’kkZuqo’kZ vk/kkj ij lafonk dh vof/k esa [email protected] ds fy, lac) foHkkxk/;{k ;g
izek.k&Ik= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k] o’kZ ds nkSjku larks’ktud jgk
gS vkSj dsoy rHkh mldh lafonk dh vof/k dks foLrkrjr@uohd`r fd;k tk,xk A
¼[k½ in dk fgekpy izns”k v/khuLFk lsok,a p;u cksMZ] gehjiqj ds dk;Z{ks= esa vkuk-&&funs”kd]
fpfdRlk f”k{kk]a fgekpy izns”k ljdkj fjDr inksa dks lafonk ds vk/kkj ij Hkjus ds fy, ljdkj dk
vuqeksnu izkIr djus ds i”pkr~ v/;is{kk dks lEcfU/kr HkrhZ vfHkdj.k vFkkZr~ fgekpy izns”k v/khuLFk lsok,a
p;u cksMZ ]gehjiqj ds le{k j[ksxk A
¼x½ p;u] bu fu;eksa esa fofgr ik=rk “krkZsa ds vuqlkj fd;k tk,xk A
¼II½ lafonkRed miyfC/k;ka-&&lafonk vk/kkj ij fu;qDr Nk=kokl izcU/kd dks ` 8710@& dh
lesfdr fu;r lafonkRed jde ¼tks is cS.M ds U;wure tek xzsM is ds cjkcj gksxh½ izfrekl lanRr dh
tk,xh A ;fn lafonk esa ,d o’kZ ls vf/kd dh c<+ksrjh dh tkrh gS] rks Ik”pkr~orhZ o’kZ@o’kksZa ds fy,
lafonkRed miyfC/k;ksa esa ` 260@& dh jde ¼in ds is cS.M ds U;wure tek xzsM is dk rhu izfr”kr½
okf’kZd o`f) ds :i esa vuqKkr dh tk,xh A
¼III½ fu;qfDr@vuq”kklu izkf/kdkjh-&&funs”kd] fpfdRlk f”k{kk] fgekpy izns”k ljdkj] fu;qfDr
vkSj vuq”kklu izkf/kdkjh gksxk A
¼IV½ p;u izfØ;k-&&lafonk fu;qfDr dh n”kk esa in ij fu;qfDr ds fy, p;u] ekSf[kd ijh{kk ds
vk/kkj ij fd;k tk,xk ;k ;fn vko”;d ;k lehphu le>k tk,] rks fyf[kr ijh{kk ;k O;kogkfjd ijh{kk
ds vk/kkj ij fd;k tk,xk] ftldk Lrj@ikB~;Øe vkfn lEc) HkrhZ vfHkdj.k vFkkZr fgekpy izns”k
v/khuLFk lsok,a p;u cksMZ ]gehjiqj }kjk vo/kkfjr fd;k tk,xk A
6742
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
¼V½ lafonkRed fu;qfDr;kasa ds fy, p;u lfefr-&&tSlh lEc) HkrhZ vfHkdj.k] vFkkZr~ fgekpy
izns”k v/khuLFk lsok,a p;u cksMZ] gehjiqj }kjk le;≤ ij xfBr dh tk, A
¼VI½ djkj-&&vH;FkhZ dks p;u ds i”pkr~ bu fu;eksa ls layXu mikcU/k&^[k* ds vuqlkj djkj
gLrk{kfjr djuk gksxk A
¼VII½ fucU/ku vkSj “krasZa-&&¼d½ lAfonkRed fu;qDr O;fDr dks ` 8710@& dh fu;r lafonkRed
jde ¼tks is cS.M ds U;wure tek xszM is ds cjkcj gksxh½ izfrekl lanRr dh tk,xhA lafonk ij fu;qfDr
O;fDr vkxs c<+k, x, o’kksZa ds fy, lafonkRed jde esa ` 260@& dh jde ¼in ds is cS.M ds U;wure
tek xszM is dk rhu izfr”kr½ dh o`f) dk gdnkj gksxk vkSj vU; dksbZ lgc) izlqfo/kk,a tSls
ofj’B@p;u osrueku vkfn ugha fn;k tk,xk A
¼[k½ lafonk ij fu;qDr O;fDr dh lsok iw.kZr;k vLFkkbZ vk/kkj ij gksxhA ;fn lafonk ij fu;qDr
O;fDr dk dk;[email protected] Bhd ugha ik;k tkrk gS] rks fu;qfDr lekIr fd, tkus ds fy, nk;h gksxhA
¼x½ lafonkRed fu;qDr O;fDr ,d ekl dh lsok iwjh djus ds i”pkr ,d fnu ds vkdfLed
vodk”k dk gdnkj gksxkA ;g vodk”k ,d o’kZ rd lafpr fd;k tk ldsxkA lafonk ij fu;qDr O;fDr
dks fdlh Hkh izdkj dk vU; dksbZ vodk”k vuqKkr ugha gksxkA og fpfdRlk izfriwfrZ vkSj ,y0Vh0lh0
bR;kfn ds fy, Hkh gdnkj ugha gksxk@gksxhA dsoy izlwfr vodk”k] fu;ekuqlkj fn;k tk,xkA
¼?k½ fu;U=d vf/kdkjh ds vuqeksnu ds fcuk lsok ls vuf/kd`r vuqifLFkfr ls Lor% gh lafonk dk
i;Zkolku ¼lekiu½ gks tk,xk A lfa onk ij fu;qDr O;fDr drOZ ;¼M;wVh½ ls vuqifLFkfr dh vof/k ds
fy, lafonkRed jde dk gdnkj ugha gksxk A
¼³½ lafonk ij fu;qDr deZpkjh] ftlus rSukrh ds ,d LFkku ij ikap o’kZ dk dk;Zdky iw.kZ dj
fy;k gS] vko”;drk ds vk/kkj ij LFkkukarj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj ij ,slk djuk
visf{kr gks A
¼p½ p;fur vH;FkhZ dks ljdkjh@jftLVªhd`r fpfdRlk O;olk;h ls viuk vkjksX; izek.k i=
izLrqr djuk gksxk A ckjg lIrkg ls vf/kd dh xHkZorh efgyk vH;FkhZ izlo gksus rd] vLFkkbZ rkSj ij
vuqi;qDr cuh jgsxh A efgyk vH;FkhZ;ksa dk fdlh izkf/kd`r fpfdRlk vf/kdkjh@O;olk;h }kjk mi;qDrrk
ds fy, iqu% ijh{k.k fd;k tk,xk A
¼N½ lafonk ij fu;qDr O;fDr dk ;fn vius inh; drZO;ksa ds lEcU/k esa nkSjs ij tkuk vkisf{kr gks
rks og mlh nj ij] tSlh fu;fer deZpkfj;ksa dks osrueku ds U;wure ij ykxw gS] ;k=k HkRrs@nSfud HkRrs
dk gdnkj gksxk@gksxhA
¼t½ fu;fer deZpkfj;ksa dh n”kk esa ;Fkk ykxw lsok fu;eksa ds micU/k tSls ,Q0vkj0&,l0vkj0]
NqV~Vh fu;e]lk/kkj.k Hkfo’; fuf/k fu;e] iSa”ku fu;e rFkk vkpj.k fu;e vkfn lafonk ij fu;qDr O;fDr;ksa
dh n”kk esa ykxw ugha gksaxs A os bl LrEHk esa ;Fkkof.kZr miyfC/k;ksa vkfn ds fy, gdnkj gksaxs A
16- vkj{k.k-&lsok es fu;qfDr] fgekpy izns'k ljdkj }kjk] le;≤ ij vuqlwfpr
tkfr;ksa@vuqlwfpr tutkfr;ksa@vU; fiNM+s oxksZa vkSj vU; izoxZ ds O;fDr;kas ds fy, lsok esa vkj{k.k dh
ckcr tkjh fd, x, vkns'kksa ds v/khu gksxhA
17- foHkkxh; ijh{kk-&&Ykkxw ughaA
18- f'kfFky djus dh 'kfDr-&&tgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko';d ;k
lehphu gS] ogka og] dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkSj fgekpy izns”k yksd lsok vk;ksx ds
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jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ijke”kZ ls] vkns”k }kjk] bu fu;eksa ds fdUgha micU/k¼ksa½ dks fdlh oxZ ;k O;fDr;¼ka½s ds izoxZ ;k in¼inksa½
dh ckcr] f'kfFky dj ldsxh A
&&&&&&&&&
mikcU/k&“[k”
¼in dk uke ½------------------------------------vkSj fgekpy izns”k ljdkj ds e/; funs”kd] fpfdRlk f”k{kk foHkkx ds
ek/;e ls fu’ikfnr dh tkus okys lafonk@djkj dk izk:i
;g djkj Jh@Jhefr------------------------------------------------------------ iq=@iq=h Jh-------------------------------------------------------------
fuoklh---------------------------------------------------------------]lafonk ij fu;qDr O;fDr (ftls blesa blds Ik'pkr~ ‘izFke
Ik{kdkj’ dgk x;k gS)] vkSj fgekpy izns'k dh jkT;iky ds e/;] funs”kd] fpfdRlk f”k{kk (ftls blesa
blds Ik'pkr~ ‘f}rh; Ik{kdkj’ dgk x;k gS) ds ek/;e ls vkt rkjh[k------------------------------- dks fd;k x;kA
‘f}rh; Ik{kdkj’ mijksDr izFke Ik{kdkj dks yxk;k gS vkSj izFke i{kdkj us ----------------¼in dk uke½
ds :Ik esa lafonk vk/kkj ij fuEufyf[kr fucU/ku vkSj 'krksZa ij lsok djus ds fy, lgefr nh gS%&
1- ;g fd izFke Ik{kdkj us---------------------------¼in dk uke½ ds :Ik esa----------------------------------ls izkjEHk gksus
vkSj---------------------------------------dks lekIr gksus okys fnu rd ,d o’kZ dh vof/k ds fy, f}rh;
Ik{kdkj dh lsok esa jgsxkA ;g fofufnZ’V :Ik ls mfYyf[kr fd;k x;k gS vkSj nksuks Ik{kdkjksa
}kjk djkj ik;k x;k gS fd izFke Ik{kdkj dh f}rh; Ik{kdkj ds lkFk lafonk] vkf[kjh dk;Z
fnol~ dks vFkkZr~-------------------------fnu dks Lo;aeso gh Ik;Zoflr (lekIr) gks tk,xh RkFkk lwpuk
uksfVl vko”;d ugha gsxk%
ijUrq o’kkZuqo’kZ vk/kkj ij lafonk dh vof/k esa [email protected] ds fy, lEc) foHkkxk/;{k
;g izek.k&Ik= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k o’kZ ds nkSjku
larks’ktud jgk gS vkSj dsoy rHkh mldh lafonk dh vof/k dks foLrkfjr@uohd`r fd;k
tk,xk A
2- izFke Ik{kdkj dh lafonkRed jde---------------- :Ik, izfrekl gksxhA
3- izFke Ik{kdkj dh lsok iw.kZr;k vLFkkbZ vk/kkj ij gksxhA ;fn lafonk ij fu;qDr O;fDr dk
dk;[email protected] Bhd ugha ik;k tkrk gS ;k ;fn fu;fer in/kkjh ml fjfDr ds fo#)
fu;qDr@rSukr dj fn;k tkrk gS] ftlds fy, izFke Ik{kdkj dks lafonk ij yxk;k x;k gS
rks fu;qfDr Ik;Zoflr ¼lekIr½ fd, tkus ds fy, nk;h gksxhA
4- lafonkRed fu;qDr -------------------------¼in dk uke½ ,d ekl dh lsok iwjh djus ds Ik'pkr~ ,d
fnu ds vkdfLed vodk'k dk gdnkj gksxkA ;g vodk'k ,d o’kZ rd lafpr fd;k tk
ldsxkA lafonkRed fu;qDr -------------------------¼in dk uke½ dks fdlh Hkh izdkj dk vU; dksbZ
vodk'k vuqKkr ugha gksxkA og fpfdRlk izfriwfrZ vkSj ,y0Vh0lh0 bR;kfn ds fy, Hkh
gdnkj ugha gksxk@gksxhA dsoy izlwfr vodk'k] fu;ekuqlkj fn;k tk,xkA
5- fu;U=d vf/kdkjh ds vuqeksnu ds fcuk dRRkZO;ksa ls vuf/kd`r vuqifLFkfr ls Lor% gh lafonk
dk Ik;kZolku ¼lekiu½ gks tk,xkA lafonkRed fu;qDr -------------------------¼in dk uke½ dRrZO;
(M;wVh) ls vuqifLFkfr dh vof/k ds fy, lafonkRed jde dk gdnkj ugha gksxkA
6- lafonk vk/kkj ij fu;qDr deZpkjh] ftlus rSukrh ds ,d LFkku ij ikap o’kZ dk dk;Zdky iw.kZ
dj fy;k gS] vko”;drk ds vk/kkj ij LFkkukarj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj
ij ,slk djuk visf{kr gksA
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jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
7- p;fur vH;FkhZ dks ljdkjh@jftLVªhd`r fpfdRlk O;olk;h ls viuk vkjksX; izek.k&Ik=
izLrqr djuk gksxkA efgyk vH;fFkZ;ksa dh n”kk esa] ckjg lIrkg ls vf/kd dh xHkkZoLFkk izlo
gksus rd] mls vLFkkbZ rkSj ij vuqi;qDr cuk nsxh A efgyk vH;fFkZ;ksa dk fdlh izkf/kd`r
fpfdRlk vf/kdkjh@O;olk;h }kjk mi;qDrrk ds fy, iqu% ijh{k.k fd;k tkuk pkfg,A
8- lafonk ij fu;qDr O;fDr dk] ;fn vius inh; dRrZO;ksa ds lEcU/k esa nkSjs ij tkuk visf{kr
gks] rks og mlh nj ij] tSlh fu;fer izfrLFkkuh deZpkjh dks osrueku ds U;wure ij ykxw
gS] ;k=k HkRrs@nSfud HkRrs dk gdnkj gksxk@gksxhA
9- lafonkRed fu;qDr O;fDr¼;ksa½ dks deZpkjh lkewfgd chek ;kstuk ds lkFk&lkFk b0ih0,Q0@
th0ih0,Q0 Hkh ykxw ugha gksxkA
blds lk{;Lo:i izFke Ik{kdkj vkSj f}rh; Ik{kdkj us lkf{k;ksa dh mifLFkfr esa blesa loZizFke
mfYyf[kr rkjh[k dks vius&vius gLrk{kj dj fn, gaSA
lkf{k;ksa dh mifLFkfr esa %&
1-------------------------------------------
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( uke o iwjk irk)
2-------------------------------------------
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( uke o iwjk irk)
¼izFke Ik{kdkj ds gLrk{kj½
lkf{k;ksa dh mifLFkfr esa %&
1-------------------------------------------
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( uke o iwjk irk)
2------------------------------------------
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( uke o iwjk irk)
¼f}rh; Ik{kdkj ds gLrk{kj½
_________
[Authoritative English text of this Department Notification No. Health-A -A(3)-17/2010,
dated 10th August, 2011 as required under clause (3) of Article 348 of the Constitution of India].
HEALTH & FAMILY WELFARE DEPARTMENT
NOTIFICATION
Shimla-2, the 10th August, 2011
No. Health-A-A(3)-17/2010.—In exercise of the powers conferred by proviso to Article
309 of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the
Himachal Pradesh Public Service Commission, is pleased to make the Recruitment & Promotion
Rules for the post of Hostel Manager, Class III (Non-Gazetted), in the Department of Medical
Education, Himachal Pradesh as per Annexure–A attached to this notification, namely :-
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jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
1.
Short title and commencement.—(1) These Rules may be called the Himachal
Pradesh, Department of Medical Education, Hostel Manager, Class III (Non-Gazetted),
Recruitment and Promotion, Rules, 2011.
(2) These Rules shall come into force from the date of publication in the Rajpatra,
Himachal Pradesh.
2. Repeal & savings.—(1) The Himachal Pradesh, Department of Medical Education,
Hostel Manager, Class III (Non-Gazetted), Recruitment and Promotion, Rules, 2000 notified vide
this Department Notification No. Health-A(3)-6/94, dated 15-5-2000 are hereby repealed.
(2) Notwithstanding such repeal, any appointment made or any thing done or any action
taken under the rules so repealed under sub-rule 2(1) supra shall be deemed to have been validly
made or done or taken under theserules.
By order,
Sd/-
Principal Secretary (Health).
___________
ANNEXURE-“A”
RECRUITMENT AND PROMOTION RULES FOR THE POST OF HOSTEL MANAGER
(NON-GAZETTED) CLASS-III, IN THE MEDICAL EDUCATION DEPARTMENT,
HIMACHAL PRADESH
1. Name of the posts.—Hostel Manager
2. Number of posts.—3 (Three)
3. Classification.—Class-III (Non-Gazetted),
4
Scale of Pay.—(i) Scale of Pay for regular incumbents.—Pay Band ` 5910-20200+ `
2800 Grade Pay.
(ii) Emoluments for contract employees.— ` 8710/- P.M. as per details given in Col.
No.15-A.
5. Whether Selection Post or Non- Selection Post.—Non-Selection.
6. Age for direct Recruitment.—Between 18 to 45
Provided that the upper age limit for direct recruits will not be applicable to the candidates
already in service of the Government including those who have been appointed on adhoc or on
contract basis;
Provided further that if a candidate appointed on adhoc basis had become overage on the
date when he was appointed as such he shall not be eligible for any relaxation in the prescribed age
limit by virtue of his such adhoc or contract appointment ;
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Provided further that upper age limit is relaxable for Scheduled Castes/Scheduled Tribes/
other categories of persons to the extent permissible under the general or special order(s) of the
Himachal Pradesh Government;
Provided further that the employees of all the Public Sector Corporations and Autonomous
Bodies who happened to be Government Servants before absorption in Public Sector
Corporations/Autonomous Bodies at the time of initial constitutions /of such Corporations/
Autonomous Bodies shall be allowed age concession in direct recruitment as admissible to
Government servants. This concession will not, however, be admissible to such staff of the Public
Sector Corporations/Autonomous Bodies who were/are subsequently appointed by such
Corporation/Autonomous Bodies and who are/were finally absorbed in the service of such
Corporations/Autonomous
Bodies
after
initial
constitution
of
the
Public
Sector
Corporations/Autonomous Bodies;
(1) Age limit for direct recruitment will be reckoned on the first day of the year in which
the post(s) is / are advertised for inviting applications or notified to the Employment Exchanges or
as the case may be.
(2) Age and experience in the case of direct recruitment relaxable at the discretion of the
Himachal Public Service Commission in case the candidate is otherwise well qualified.
7. Minimum Educational and other qualifications required for direct recruit(s).—
(a) Essential Qualification(s).—10+2 with Diploma/Certificate Course in Catering Manager from a
recognized Institute.
(b) Desirable Qualification(s) .—Knowledge of customs, manners and dialects of
Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the
Pradesh
8. Whether age and educational qualification(s) prescribed for direct recruit(s) will
apply in the case of the promotee(s).— (a) Age: Not applicable.
(b) Educational Qualification.—Not applicable
9. Period of probation, if any.—Two Years’ subject to such further extension for a
period not exceeding one year as may be ordered by the competent authority in special
circumstances and reasons to be recorded in writing.
10. Method(s) of recruitment whether by direct recruitment or by promotion,
deputation, transfer and the percentage of post(s) to be filled-in by various methods.—(i) 66-
2/3 % by direct recruitment or on contract basis as the case may be. The contract employees will
get emoluments as given in Col. 15-A and will be governed by service conditions as specified in
the said column.
(ii) 33-1/3 % by promotion
11. In case of recruitment by promotion, deputation, transfer, grade from which
promotion/deputation/transfer is to be made.—By promotion from amongst the House Keepers
with five years regular service or regular combined with continuous adhoc service rendered, if any,
in the grade.
Provided that for filling up the posts of Hostel Manager the following posts based 03 point
roster shall be followed :-
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1. 1st post - By promotion
2.
2nd post - By direct recruitment
3. 3rd post - By direct recruitment
Note.—The roster shall be repeated after every 3rd point till the representation to all
categories is achieved by the given percentage. Thereafter the vacancy is to be filled up from the
category which vacates the post.
Provided that for the purpose of promotion every employee shall have to serve at least one
term in the Tribal/Difficult areas subject to adequate number of post(s) available in such area:
Provided further that the proviso(I) supra shall not be applicable in the case of those
employees who have five years or less service, left for superannuation.
Provided further that Officers/Officials who have not served atleast one tenure in
Tribal/difficult area shall be transferred to such area strictly in accordance with his/her seniority in
the respective cadre.
Explanation I.—For the purpose of proviso I supra the “term” in Tribal/Difficult areas
shall mean normally three years or less period of posting in such areas keeping in view the
administrative requirements and performance of the employee.
Explanation II.—For the purpose of proviso I supra the Tribal/Difficult Areas shall be as
under :
1. District Lahaul Spiti
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kawar Area of Rohru Sub-Division.
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram
Panchayats of Rampur Tehsil of District Shimla.
5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Area of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Karga Patwar Circles of Kamrau Sub Tehsil, Bhaladh Bhalona and
Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai
Tehsil, in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar,
Thachi, Baggi, Somgad and Kholanal of Bali Chowki Sub Tehsil, Jharwar, Kutgarh,
Graman, Devgarh, Trailla, Ropa, Kathog, Silla-Badhwani, Hastpur, Ghamrehar and
Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra,
North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar
Circle of Sunder Nagar Tehsil in Mandi District.
(I) In all cases of promotion, the continuous adhoc service rendered in the feeder post, if
any, prior to regular appointment to the post shall be taken into account towards the length of
service as prescribed in these Rules for promotion subject to the condition that the adhoc
appointment/ promotion in the feeder category had been made after following proper acceptable
process of selection in accordance with the provisions of R&P Rules;
Provided that in all cases where a junior person becomes eligible for consideration by virtue
of his/her total length of service (including the service rendered on adhoc basis, followed by regular
service/ appointment) in the feeder post in view of the provision referred to above, all persons
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senior to him/her in the respective category/post/cadre shall be deemed to be eligible for
consideration and placed above the junior person in the field of consideration;
Provided further that all incumbents to be considered for promotion shall possess the
minimum qualifying service of at least three years or that prescribed in the R&P Rules for the post,
whichever is less;
Provided further that where a person becomes ineligible to be considered for promotion on
account of the requirements of the preceding proviso, the person(s) junior to him/ her shall also be
deemed to be ineligible for consideration for such promotion;
Explanation.—The last proviso shall not render the junior incumbent(s) ineligible for
consideration for promotion if the senior ineligible person(s) happened to be Ex-Serviceman
recruited under the provisions of Rule-3 of the Demobilized Armed Forces Personnel (Reservation
of vacancies in the Himachal State Non-Technical Service) Rules, 1972 and having been given the
benefit of seniority there-under or recruited under the provisions of Rule-3 of the Ex-Serviceman
(Reservation of vacancies in Himachal Pradesh Technical Services) Rules, 1985 and having given
the benefit of seniority there-under.
(2) Similarly, in all cases of confirmation adhoc service rendered on the feeder post, if
any, prior to the regular appointment/promotion against such post shall be taken into account
towards the length of service, if the adhoc appointment/promotion had been made after proper
selection and in accordance with the provision of the R&P Rules.
Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc
service rendered as referred to above shall remain unchanged.
12. If a Departmental Promotion Committee exists, what is its composition.—As may
be constituted by the Government from time to time.
13. Circumstances under which the HP Public Service Commission is to be consulted
in making recruitment.—As required under the law.
14. Essential requirement for direct recruitment.—A candidate for appointment to any
service of post must be a citizen of India.
15. Selection for appointment to post by direct recruitment.—Selection for
appointment to the post in the case of direct recruitment shall be made on the basis of viva-voce test
if the Himachal Pradesh Public Service Commission or other recruiting authority as the case may
be, so consider necessary or expedient by a written test or practical test, the standard/syllabus etc.
of which, will be determined by the commission/other recruiting authority as the case may be.
15-A.
Selection for appointment to the post by contract appointment Notwithstanding
anything contained in these rules, contract appointments to the post will be made subject to the
terms and conditions given below: -
(I) CONCEPT.—(a) Under this policy, the Hostel Manager in the Medical Education
Department will be engaged on contract basis initially for one year, which may be extendable on
year to year –basis:
Provided that for extension/renewal of contract period on year to year basis the concerned
HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory
during the year and only then his period of contract is to be extended/renewed.
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(b) POST FALLS WITHIN THE PURVIEW OF HPSSSB.—The Director of Medical
Education after obtaining the approval of the Govt. to fill up the vacant posts on contract basis will
place the requisition with the concerned recruiting agency i.e. H.P. Subordinate Services Selection
Board, Hamirpur.
(c) The Selection will be made in accordance with the eligibility conditions prescribed in
these Rules.
II. CONTRACTUAL EMOLUMENTS.—The Hostel Manager appointed on contract
basis will be paid consolidated fixed contractual amount @ Rs.8710- P.M. (which shall be equal to
minimum of the pay band +Grade pay). An amount of Rs. 260/- (3% of the minimum pay
band+grade pay of the post) as annual increase in contractual emoluments for the subsequent
year(s) will be allowed if contract is extended beyond one year.
III. APPOINTING /DISCIPLINARY AUTHORITY.—Director of Medical Education,
H.P. will be appointing and disciplinary authority.
IV. SELECTION PROCESS.—Selection for appointment to the post in the case of
contract appointment will be made on the basis of viva-voce test or if consider necessary or
expedient by a written test or practical test the standard/syllabus etc. of which will be determined
by the concerned recruiting agency i.e. H.P.Subordinate Services Selection Board, Hamirpur.
V. COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS.—
As may be constituted by the concerned recruiting agency i.e. H.P. Subordinate Services Selection
Board , Hamirpur from time to time.
VI. AGREEMENT.—After selection of a candidate he/she shall to sign an agreement as
per Annexure-B appended to these Rules.
VII. TERMS AND CONDITIONS.—(a) The contractual appointee will be paid fixed
contractual amount @ 8710/- per month (which shall be equal to minimum of the pay band + grade
pay). The contract appointee will be entitled for increase in contractual amount @ Rs.260/- (3% of
minimum of the pay band+grade pay of the post) for further extended years and no other allied
benefits such as senior/ selection scales etc. will be given .
(b) The service of the Contract Appointee will be purely on temporary basis. The
appointment is liable to be terminated in case the performance/conduct of the contract appointee is
not found satisfactory.
(c) Contractual Appointee will be entitled for one day casual leave after putting one month
service. This leave can be accumulated upto one year. No leave of any other kind is admissible to
the contract appointee. He/she will not be entitled for Medical Reimbursement and LTC etc., only
maternity leave will be given as per Rules.
(d) Unauthorized absence from the duty without the approval of the controlling Officers
shall automatically lead to the termination of the contract. Contract appointee shall not be entitled
for contractual amount for the period of absence from duty.
(e) An official appointed on contract basis who have completed five years tenure at one
place of posting will be eligible for transfer on need based basis wherever required on
administrative grounds.
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(f) Selected candidate will have to submit a certificate of his/her fitness from a
Government/Registered Medical Practitioner. The women candidate pregnant beyond twelve weeks
will stand temporarily unfit till the confinement is over. The women candidate will be reexamined
for the fitness from an authorized Medical Officer/ Practitioner.
(g) Contract appointee will be entitled to TA/DA if required to go on tour in connection
with his/her official duties at the same rate as applicable to regular official at the minimum of pay
scale.
(h) Provisions of service rules like FR SR, Leave Rules, GPF Rules, Pension Rules &
Conduct Rules etc. as are applicable in case of regular employees will not be applicable in case of
contract appointee. They will be entitled for emoluments etc. as detailed in this Column.
16. Reservation.—The appointment to the service shall be subject to orders regarding
reservation in the service for Scheduled Caste/ Scheduled Tribes/Other Backwards Classes/other
categories of persons issued by the Himachal Pradesh Government from time to time.
17. Departmental Examination.—Not Applicable.
18. Power to Relax.—Where the State Government is of the opinion that it is necessary or
expedient to do so, it ma y, by order for reasons to be recorded in writing and in consultation with
the H.P. Public Service Commission, relax any of the provision(s)of these Rules with respect to any
class or category of person(s) or post(s).
__________
ANNEXURE-B
Form of contract/agreement to be executed between the ----------------- (name of post) & the
Government of Himachal Pradesh through Director, Medical Education Department
This
agreement
is
made
on
this……day
of……….in
the
year……..Between
Sh/Smt..……………S/o/D/oShri….………………...R/o…………………………………..Contract
appointee (hereinafter called the FIRST PARTY), AND The Governor, Himachal Pradesh through-
Director, Medical Education Department, Himachal Pradesh (here-in-after the SECOND PARTY).
Whereas, the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY
has agreed to serve as a...................... (name of post) on contract basis on the following terms &
conditions:-
1. That the FIRST PARTY shall remain in the service of the SECOND PARTY as a
...................... (name of the post) on contract basis for a period of 1 year commencing on day
of………and ending on the day of………. It is specifically mentioned and agreed upon by both the
parties that the contract of the FIRST PARTY with SECOND PARTY shall ipso-facto stand
terminated on the last working day i.e. on …………….. and information notice shall not be
necessary:
Provided that for extension/ renewal of contract period on year to year basis the concerned
HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory
during the year and only then his period of contract is to be extended /renewed.
2. The contractual amount of the FIRST PARTY will be Rs……../- per month.
3. The service of FIRST PARTY will be purely on temporary basis. The appointment is
liable to be terminated in case the performance/conduct of the contract appointee is not found good
6751
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or if a regular incumbent is appointed/posted against the vacancy for which the first party was
engaged on contract.
4. Contractual....................... (name of the post) will be entitled for one day casual leave
after putting in one month service. This leave can be accumulated upto one year. No leave of any
kind is admissible to the contractual.........................(name of the post) He will not be entitled for
Medical Reimbursement and LTC etc. Only maternity leave will be given as per Rules.
5. Unauthorized absence from the duty without the approval of the controlling officer
shall automatically lead to the termination of the contract. A contractual......................... (name of
the post) will not be entitled for contractual amount for the period of absence from duty.
6. An official appointed on contract basis who have completed five years tenure at one
place of posting will be eligible for transfer on need based basis wherever required on
administrative grounds.
7. Selected candidate will have to submit a certificate of his/her fitness from a
Government/Registered Medical Practitioner. In case of women candidates pregnant beyond twelve
weeks will render her temporarily unfit till the confinement is over. The women candidate should
be re-examined for fitness from an authorized Medical Officer/ Practitioner.
8. Contract appointee shall be entitled to TA/DA if required to go on tour in connection
with his official duties at the same rate as applicable to regular counter-part official at the minimum
of the pay scale.
9. The Employees Group Insurance Scheme as well as EPF/GPF will not be applicable to
the contractual appointee (s).
IN WITNESS the FIRST PARTY AND SECOND PARTY have herein to set their hands
the day, month and year first, above written.
IN THE PRESENCE OF WITNESS:
1……………………………………….
………………………………………..
……………………………………….
(Name and Full Address)
2. ……………………………………….
………………………………………..
……………………………………….
(Name and Full Address
(Signature of the FIRST PARTY)
IN THE PRESENCE OF WITNESS
1……………………………………….
………………………………………..
……………………………………….
(Name and Full Address)
2. ……………………………………….
………………………………………..
……………………………………….
(Name and Full Address)
(Signature of the SECOND PARTY)
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6753
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6754
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nf{k.kh ex: iVokj oR`r vkSj lqUnjuxj rglhy dk cVokM+k iVokj o`RrA
¼1½ izksUufr ds lHkh ekeyksa esa] in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks’kd½ in esa dh xbZ
yxkrkj rnFkZ lsok];fn dksbZ gks] izksUufr ds fy, bu fu;ekas esa ;Fkkfofgr lsokdky ds fy,] bl 'krZ ds
v/khu jgrs gq, x.kuk esa yh tk,xh] fd lEHkjd izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ vkS izksUufr fu;eksa
ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds Ik'pkr dh xbZ Fkh%
ijUrq mu lHkh ekeyksa] esa ftuesa dksbZ dfu’B O;fDr lEHkjd in esa vius dqy lsokdky ¼rnFkZ
vk/kkj ij dh xbZ rnFkZ lsok lfgr] tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½ ds vk/kkj ij mi;qZDr
fufnZ’V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius izoxZ@in@dkMj esa
mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs le; dfu"B O;fDr;ksa ls
Åij j[ks tk,axsa %
ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh] ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls
de rhu o"kZ dh U;wure vgZrk lsok ;k in ds HkrhZ vkSj izksUufr fu;eksa esa fofgr lsok] tks Hkh de gks]
gksxh%
ijUrq ;g vkSj Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrdq dh vis{kkvksa ds dkj.k izksUufr fd, tkus
lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fopkj ds fy,
vik= le>k tk,xk@le>s tk,axsA
Li"Vhdj.k-&&vfUre ijUrqd ds vUrxZr dfu"B in/kkjh izksUufr ds fy, vik= ugha le>k tk,xk
;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS ftls fMeksfcykbTM vkeZM QksflZl ijlksuy ¼fjtosZ'ku vkQ
osdsUlht bu fgekpy LVsV uku VSDuhdy lfoZflt½ #Yt] 1972 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ
fd;k x;k gS vkSj buds vUrxZr ojh;rk ykHk fn, x;s gksa ;k ftls ,Dl lfoZleSu ¼fjtosZ'ku vkQ
osdsUlht bu nh fgekpy izns'k VsfDudy lfoZflt½ #Yt] 1985 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ
fd;k x;k gks vkSj buds vUrxZr ojh;rk ykkHk fn, x;s gks
(2) blh izdkj LFkkbZdj.k ds lHkh ekeyks eas ,sls in ij fu;fer fu;qfDr ls iwoZ lEHkjd in ij
dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn rnFkZ
fu;qfDr@izksUufr] mfpr p;u ds Ik'pkr vkSj HkrhZ vkSj izksUufr fu;eksa ds micU/kksa ds vuqlkj dh xbZ Fkh %
ijUrq dh xbZ mi;qZDr fufnZ"V rnFkZ lsok dks x.kuk esa ysus ds Ik'pkr~ tks LFkkbZdj.k gksxk] mlds
QyLo#Ik ikjLifjd ojh;rk vifjofrZr jgsxhA
12- ;fn foHkkxh; izksUufr Lkfefr fo|eku gks rks mldh lajpuk-&&tSlh ljdkj }kjk
le;≤ ij xfBr dh tk,A
13- HkrhZ djus esa ftu ifjfLFkfr;ksa esa fgekpy izns'k yksd lsok vk;ksx ls ijke'kZ fd;k tk,xk-&
tSlk fof/k }kjk visf{kr gks A
14- Lkh/kh HkrhZ ds fy, vfuok;Z vis{kk-&&ykxw ugha A
15- Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&&ykxw ughaA
6755
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
16- vkj{k.k-&&lsok es fu;qfDr] fgekpy izns'k ljdkj }kjk] le;≤ ij vuqlwfpr tkfr;ksa@
vuqlwfpr tutkfr;ksa@vU; fiNM+s oxksZa vkSj vU; izoxZ ds O;fDr;ksa ds fy, lsok esa vkj{k.k dh ckcr
tkjh fd, x, vkns'kksa ds v/khu gksxhA
17- foHkkxh; ijh{kk-&&Ykkxw ughaA
18- f'kfFky djus dh 'kfDr-&&tgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko';d ;k
lehphu gS] ogka og] dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkSj fgekpy izns”k yksd lsok vk;ksx ds
ijke”kZ ls] vkns”k }kjk] bu fu;eksa ds fdUgha micU/kksa dks fdlh oxZ ;k O;fDr;ksa ds izoxZ ;k inksa dh
ckcr] f'kfFky dj ldsxh A
&&&&&&&
[Authoritative English text of this Department Notification No. Health-A-A(3)-2/2010, dated
3-1-2012 as required under clause (3) of Article 348 of the Constitution of India].
HEALTH & FAMILY WELFARE DEPARTMENT
NOTIFICATION
Shimla-2, the 3rd January, 2012
No. Health-A-A(3)-2/2010.—In exercise of the powers conferred by proviso to Article 309
of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal
Pradesh Public Service Commission, is pleased to make the Recruitment & Promotion Rules for the
post of Technical Officer (Radiology) , Class III (Non-Gazetted), in the Department of Health &
Family Welfare, Himachal Pradesh as per Annexure –A attached to this notification, namely :-
1. Short title and commencement.—(1) These Rules may be called the Himachal
Pradesh, Department of Health & Family Welfare, Technical Officer(Radiology) Class III (Non-
Gazetted) Recruitment and Promotion Rules, 2011.
(2) These Rules shall come into force from the date of publication in the Rajpatra,
Himachal Pradesh.
2. Repeal & Savings.—(1) The Himachal Pradesh Department of Health & Family
Welfare Technical Officer(Radiology), Class III (Non-Gazetted) Recruitment & Promotion Rules,
1988 notified vide this Department notification No. Health-A-A (3)-4/77-I(Bio- Chem Radiology)
dated 11-7-1988 are hereby repealed.
(2) Notwithstanding such repeal, any appointment made or anything done or any action
taken under the rules, so repealed under sub-rule(1) supra shall be deemed to have been validly
made or done or taken under these rules.
By order,
Sd/-
Secretary (Health).
6756
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ANNEXURE-A
RECRUITMENT AND PROMOTION RULES FOR THE POST OF TECHNICAL
OFFICER (RADIOLOGY), CLASS-III (NON GAZETTED) IN THE DEPARTMENT OF
HEALTH AND FAMIY WELFARE, H.P.
1. Name of Post.—Technical Officer (Radiology)
2. Number of Posts.—1(One)
3. Classification.—Class-III (Non-Gazetted)
4. Scale of Pay.—P ay Band ` 10300-34800 + ` 3800 Grade Pay
5. Whether Selection Post or Non-Selection Post.—Non-Selection.
6. Age for direct recruitment.—Not Applicable
7. Minimum educational and other qualifications required for direct recruit(s).—
Not applicable.
8. Whether age and educational qualifications prescribed for direct recruits will
apply in the case of the promotee(s) ?.—(a) Age.—Not applicable.
(b) Educational Qualification.—N.A.
9.
Period of probation, if any.—Two Years’ subject to such further extension for a
period not exceeding one year as may be ordered by the competent authority in special
circumstances and reasons to be recorded in writing.
10. Method(s) of recruitment, whether by direct recruitment or by promotion,
deputation, transfer and the percentage of post(s) to be filled in by various methods.—100%
by promotion.
1. In case of recruitment by promotion, deputation, transfer, grades from which
promotion/deputation transfer is to be made.—By promotion from amongst the Senior
Radiographers who possess five years’ regular service or regular combined with continuous adhoc
service, if any, in the grade failing which by promotion from amongst the Senior Radiographers
with ten years’ regular service or regular combined with continuous adhoc service, if any,
combined as Senior Radiographer and Radiographer which shall also include at least 3 years’
essential service as Senior Radiographer.
Provided that for the purpose of promotion every employee shall have to serve atleast one
term in the Tribal/Difficult areas subject to adequate number of post(s) available in such area:
Provided further that the proviso(I) supra shall not be applicable in the case of those
employees who have five years or less service, left for superannuation.
Provided further that Officers/Officials who have not served atleast one tenure in
Tribal/difficult area shall be transferred to such area strictly in accordance with his/her seniority in
the respective cadre.
6757
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
Explanation I.—For the purpose of proviso I supra the “term” in Tribal/Difficult areas shall
mean normally three years or less period of posting in such areas keeping in view the
administrative requirements and performance of the employee.
Explanation II.—For the purpose of proviso I supra the Tribal/Difficult Areas shall be as
under :
1. District Lahaul Spiti
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kawar Area of Rohru Sub-Division.
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram
Panchayats of Rampur Tehsil of District Shimla.
5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Area of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Karga Patwar Circles of Kamrau Sub Tehsil, Bhaladh Bhalona and
Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai
Tehsil, in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar,
Thachi, Baggi, Somgad and Kholanal of Bali Chowki Sub Tehsil, Jharwar, Kutgarh,
Graman, Devgarh, Trailla, Ropa, Kathog, Silla-Badhwani, Hastpur, Ghamrehar and
Bhatehar Parwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra,
North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar
Circle of Sunder Nagar Tehsil in Mandi District.
(I) In all cases of promotion, the continuous adhoc service rendered in the feeder post, if
any, prior to regular appointment to the post shall be taken into account towards the length of
service as prescribed in these Rules for promotion subject to the condition that the adhoc
appointment/ promotion in the feeder category had been made after following proper acceptable
process of selection in accordance with the provisions of R&P Rules;
Provided that in all cases where a junior person becomes eligible for consideration by virtue
of his/her total length of service (including the service rendered on adhoc basis, followed by regular
service/appointment) in the feeder post in view of the provision referred to above, all persons senior
to him/her in the respective category/ post/ cadre shall be deemed to be eligible for consideration
and placed above the junior person in the field of consideration;
Provided that all incumbents to be considered for promotion shall possess the minimum
qualifying service of at least three years or that prescribed in the R&P Rules for the post, whichever
is less;
Provided further that where a person becomes ineligible to be considered for promotion on
account of the requirements of the preceding proviso, the person(s) junior to him/ her shall also be
deemed to be ineligible for consideration for such promotion;
Explanation.—The last proviso shall not render the junior incumbent(s) ineligible for
consideration for promotion if the senior ineligible person(s) happened to be Ex-Serviceman
recruited under the provisions of Rule-3 of the Demobilized Armed Forces Personnel (Reservation
of vacancies in the Himachal State Non-Technical Service) Rules, 1972 and having been given the
benefit of seniority there-under or recruited under the provisions of Rule-3 of the Ex-Serviceman
(Reservation of vacancies in Himachal Pradesh Technical Services) Rules, 1985 and having given
the benefit of seniority there-under :-
6758
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
(2) Similarly, in all cases of confirmation adhoc service rendered on the feeder post, if
any, prior to the regular appointment/ promotion against such post shall be taken into account
towards the length of service, if the adhoc appointment/promotion had been made after proper
selection and in accordance with the provision of the R&P Rules.
Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc
service rendered as referred to above shall remain unchanged.
12. If a Departmental Promotion Committee exists, what is its composition.—As may
be constituted by the Govt. from time to time.
13. Circumstances under which the H.P.P.S.C. is to be consulted in making
recruitment.—As required under Law.
14. Essential requirement for direct recruitment.—Not Applicable.
15. Selection for appointment to post by direct recruitment.—Not Applicable.
16. Reservation.—The appointment to the service shall be subject to orders regarding
reservation in the service for Scheduled Caste/ Scheduled Tribes/Other Backwards Classes/other
categories of persons issued by the Himachal Pradesh Government from time to time.
17. Departmental Examination.—Not Applicable.
18. Power to Relax.—Where the State Government is of the opinion that it is necessary or
expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with
the H.P. Public Service Commission, relax any of the provision(s) of these Rules with respect to
any class or category of person(s) or post(s).
__________
LokLF; ,oa ifjokj dY;k.k foHkkx
vf/klwpuk
f”keyk&1710020] 9 ekpZ] 2012
la[;k LokLF;&d&d¼3½&2@97&ywt-&&fgekpy izns”k dh jkT;iky] Hkkjr ds lafo/kku ds
vuqPNsn 309 ds ijUrqd }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns”k yksd lsok vk;ksx ds
ijke”kZ ls] fgekpy izns”k LokLF; ,oa ifjokj dY;k.k foHkkx esa fpfdRlk vf/kdkjh ¼tujy foax½] oxZ&I
¼jktif=r½ ds in ds fy, bl vf/klwpuk ls layXu mikcU/k&"d" ds vuqlkj HkrhZ vkSj izksUufr fu;e
cukrh gSa] vFkkZr~ %&
1- laf{kIr uke vkSj izkjEHk-&&¼i½ bu fu;eksa dk laf{kIr uke fgekpy izn”k fpfdRlk flfoy
lsok,a] fpfdRlk vf/kdkjh ¼tujy foax½] oxZ&I ¼jktif=r½ HkrhZ vkSj izksUufr fu;e] 2012 gSA
¼ii½ ;s fu;e jkti=] fgekpy izns”k esas izdkf”kr fd, tkus dh rkjh[k ls izo`Rr gksaxs A
2- fujlu vkSj O;ko`fr;ka-&&¼1½ bl foHkkx dh vf/klwpuk la[;k LokLF;&d&d¼3½&2@97
rkjh[k 25&8&2004 }kjk vf/klwfpr fgekpy izns”k LokLF; ,oa ifjokj dY;k.k foHkkx fpfdRlk vf/kdkjh
¼tujy foax½] oxZ&I ¼jktif=r½ HkrhZ ,oa izksUufr fu;e] 2004 dk ,rn~}kjk fujlu fd;k tkrk gS A
6759
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
¼2½ ,sls fujlu ds gksrs gq, Hkh mi;ZqDr mi fu;e 2¼1½ ds v/khu] bl izdkj fujflr fu;eksa ds
v/khu dh xbZ dksbZ fu;qfDr] ckr ;k dkjZokbZ bu fu;eksa ds v/khu fof/kekU; :Ik esa dh xbZ le>h tk,xhA
vkns'k }kjk]
gLrk{kfjr@&
lfpo ¼LokLF;½A
&&&&&&
mikcU/k &^^d**
LokLF; ,oa ifjokj dY;k.k foHkkx] fgekpy izns'k] esa fpfdRlk vf/kdkjh] ¼tujy foax½ oxZ&I ¼jktif=r½
ds in ds fy, HkrhZ vkSj izksUufr fu;e
1- Ikn dk uke-&& fpfdRlk vf/kdkjh ¼tujy foax½
2- Iknksa dh la[;k-&&1497+100 Lukrdksrj vkjf{kr in ¼,d gtkj pkj lkS lRrkuos+lkS
LukrdksRrj vkjf{kr in½
3- oxhZdj.k-&& oxZ I ¼jktif=r½
4- Oksreku-&&1- fu;fer in/kkfj;ksa ds fy, Oksrueku( ` 15600&39100 + ` 5400 xszM is A
2- lafonk ij fu;qDr deZpkjh ds fy, miyfC/k;ka-&&LrEHk la[;k 15&d esa fn,
x, C;kSjs ds vuqlkjA
5- Pk;u in vFkok vp;u in-&&ykxw ugha A
6- Lkh/kh HkrhZ ds fy, vk;q-&&45 o’kZ o blls de A
ijUrq lh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, mijh vk;q lhek rnFkZ ;k lafonk ds vk/kkj ij
fu;qDr fd, x, O;fDr;ks lfgr igys ls gh ljdkj dh lsok esa jRr vH;fFkZ;ksa dks ykxw ugha gksxh %
ijUrq ;g vkSj fd ;fn rnFkZ ;k lafonk ds vk/kkj ij fu;qDr fd;k x;k vH;FkhZ bl #i esa
fu;qfDr dh rkjh[k dks vf/kd vk;q dk gks x;k gks] rks og rnFkZ ;k lafonk ds vk/kkj ij fu;qfDr ds
dkj.k fofgr vk;q esa NwV ds fy, ik= ugha gksxk %
ijUrq ;g vkSj fd vuqlwfpr tkfr;ksa@vuqlwfpr tutkfr;ksa@vU; oxksZa ds O;fDr;ksa ds fy, mijh
vk;q lhek esa mruh gh NwV nh tk ldsxh] ftruh fgekpy izns'k ljdkj ds lk/kkj.k ;k fo'ks’k vkns'kksa ds
v/khu vuqKs gS%
ijUrq ;g vkSj fd ifCyd lSDVj fuxeksa rFkk Lok;r fudk;ksa ds lHkh deZpkfj;ksa dks] tks ,sls
ifCyd lSDVj fuxeksa rFkk Lok;r fudk;ksa ds izkjfEHkd xBu ds le; ,sls ifCyd lSDVj fuxeksa@Lok;r
fudk;ksa ls iwoZ ljdkjh deZpkjh Fks] lh/kh HkrhZ esa vk;q lhek esa ,slh gh fj;k;r nh tk,xh] tSlh ljdkjh
deZpkfj;ksa dks vuqKs; gS] fdUrq bl izdkj dh fj;k;r ifCyd lSDVj fuxeksa rFkk Lok;r fudk;ksa ds ,sls
deZpkjho`Un dks vuqKs; ugha gksxh tks Ik”pkrorhZ ,sls fuxeksa@Lok;r fudk;ksa }kjk fu;qDr fd, x,
Fks@fd, x, gSa vkSj mu ifCyd lSDVj fuxeksa@Lok;r fudk;ksa ds izkjafHkd xBu ds Ik”pkr fuxeksa@
Lok;r fudk;ksa dh lsok esa vfUre #i ls vkesfyr fd, x, gSa@ fd, x, Fks %
6760
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
1- lh/kh HkrhZ ds fy, vk;q lhek dh x.kuk] ml o’kZ ds izFke fnol ls dh tk,xh ftlesa in
¼inksa dks] vkosnu vkeaf=r djus ds fy, ;FkkfLFkfr foKkfir fd;k x;k gS ;k fu;kstuky;ksa
dks vf/klwfpr fd;k x;k gSA
2- vU;Fkk lqvfgZr vH;fFkZ;ksa dh n”kk esa lh/kh HkrhZ ds fy, vk;q lhek vkSj vuqHko fgekpy
izns”k yksd lsok vk;ksx ds foosdkuqlkj f”kfFky fd;k tk ldsxkA
7- Lkh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, visf{kr U;wure “kSf{kd vkSj vU; vgZrk,a %
¼1½ vfuok;Z vgZrk,a-&&¼i½ Hkkjrh; vk;qZfoKku ifj’kn~ vf/kfu;e] 1956 dh izFke ;k f}rh;
vuqlwph ;k r`rh; vuqlwph ds Hkkx&II ¼vuqKfIrizkIr vgZrkvksa ls fHkUu½ esa lfEefyr ekU;rk izkIr fpfdRlk
vgZrkA r`rh; vuqlwph ds Hkkx&II esa lfEefyr “kS{kf.kd vgZrk ds /kkjd Hkkjrh; vk;qfoKku ifj’kn
vf/kfu;e] 1956 dh /kkjk 13 dh mi/kkjk ¼3½ esa fu;r “krksZa dks iwjk djrs gks A
¼ii½ vfuok;Z jksVsfVa bUVuZf”ki dks iw.kZ djrs gksaA
¼2½ okaNuh; vgZrk,a-&&¼i½ Hkkjrh; vk;qZfoKku ifj’kn~ vf/kfu;e] 1956 dh izFke ;k f}rh;
vuqlwph ;k r`rh; vuqlwph ds Hkkx&II ¼vuqKfIrizkIr vgZrkvksa ls fHkUu½ esa lfEefyr LukrdksRrj mikf/k ;k
fMIyksek A r`rh; vuqlwph ds Hkkx&II esa lfEefyr “kS{kf.kd vgZrk ds /kkjd Hkkjrh; vk;qfoKku ifj’kn
vf/kfu;e] 1956 dh /kkjk 13 dh mi/kkjk ¼3½ esa fu;r “krksZa dks iwjk djrs gks A
¼ii½ fdlh ekU;rk izkIr laLFkku ls ifjf”k’V ^d* esa ;Fkkof.kZr LukrdksRrj vgZrk A
¼iii½ fgekpy izns”k dh #f<+;ksa] jhfr;ksa vkSj cksfy;kasa dk Kku vkSj izns”k esa fo|eku fof”k"V n”kkvksa
esa fu;qfDr ds fy, mi;qDrrkA
8- Lkh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj “kfS{kd vkgZrk,a izksUur O;fDr;ksa
dh n”kk esa ykxw gksaxh ;k ugha %
¼d½ vk;q-&&ykxw ugha A
¼[k½ vfuok;Z vgZrk,a-&&ykxw ugha A
9- Ikfjoh{kk dh vof/k] ;fn dksbZ gks-&&nks o’kZ] ftl dk ,d o’kZ ls vuf/kd ,slh vkSj vof/k ds
fy, foLrkj fd;k tk ldsxk tSlk l{ke izkf/kdkjh fo”ks’k ifjfLFkfr;ksa esa vkSj fyf[kr dkj.kksa ls vkns”k nasA
ijUrq bl fu;e ds micU/k lafonk ij fu;qDr fpfdRlk vf/kdkfj;ksa ds ekeys esa ykxw ugha gksaxs A
10- HkrhZ dh Ik)fr&&HkrhZ lh/kh gksxh ;k izksUufr izfrfu;qfDr LFkkukUrj.k }kjk vU; fofHkUu
i)fr;ksa }kjk Hkjh tkus okyh inksa dh izfr”kRkrk-&&'krizfr'kr lh/kh HkrhZ }kjk] ;FkkfLFkfr] fu;fer vk/kkj
ij ;k lafonk ds vk/kkj ij HkrhZ }kjk A
lafonk ij fu;qDr fd;s x, deZpkjh LrEHk la[;k&15&d esa nh xbZ miyfC/k;ka izkIr djsaxs vkSj
mDr LrEHk esa fofufnZ’V lsok “krksZa }kjk fofu;fer gksaxsA
11- izksUufr] izfrfu;qfDr] LFkkukUrj.k dh n”kk esa Jsf.k;ka ¼xzsM½ ftuls izksUufr] izfrfu;qfDr]
LFkkukUrj.k fd;k tk,xk-&&ykxw ughaA
12- ;fn foHkkxh; izksUufr lfefr fo|keku gks rks] mldh lajpuk-&&ykxw ughaA
6761
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
13- HkrhZ djus esa] ftu ifjfLFkfr;ksa esa fgekpy izns”k] yksd lsok vk;ksx ls ijke”kZ fd;k
tk,xk-&&tSlk fof/k }kjk visf{kr gksA
14- Lkh/kh HkrhZ ds fy, vfuok;Z vis{kk-&&fdlh lsok ;k in ij fu;qfDr ds fy, vH;FkhZ dk Hkkjr
dk ukxfjd gksuk vfuok;Z gS A
15- Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&&Lkh/kh HkrhZ ds ekeys esa] in ij fu;qfDr ds
fy, p;u] ekSf[kd ijh{kk ds vk/kkj ij fd;k tk,xkA ;fn] ;FkkfLFkfr] fgekpy izns”k yksd lsok vk;ksx
;k vU; HkrhZ izkf/kdj.k ,slk djuk vko”;d ;k lehphu le>s] rks fyf[kr ijh{kk ;k O;kogkfjd ijh{kk ds
vk/kkj ij fd;k tk,xk ftldk Lrj@ikB;Øe] ;FkkfLFkfr] vk;ksx@vU; HkrhZ izkf/kdj.k }kjk vo/kkfjr
fd;k tk,xkA
15&d- lafonk fu;qfDr }kjk in ij fu;qfDr ds fy, p;u%&&
¼I½ ladYiuk-&&¼d½ bl ikfylh ds v/khu fgekpy izns”k LokLF; ,oa ifjokj dY;k.k foHkkx esa
fpfdRlk vf/kdkjh dks lafonk ds vk/kkj ij izkjEHk esa ,d o’kZ ds fy, yxk;k tk,xkA ftls o’kkZuqo’kZ
vk/kkj ij c<+k;k tk ldsxk %
ijUrq o’kkZuqo’kZ ds vk/kkj ij lafonk dh vof/k esa [email protected] ds fy, lecC} foHkkxk/;{k
;g izek.k&Ik= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k] o’kZ ds nkSjku larks’ktud
gS vkSj dsoy rHkh mldh lafonk dh vof/k dks foLrkfjr@uohd`r fd;k tk,xkA
¼II½ p;u-&&¼d½ funs”kd] LokLF; lsok,a fgekpy izns”k fjDr inksa dks lafonk ds vk/kkj ij Hkjus
ds fy, ljdkj dk vuqeksnu izkIr djus ds Ik”pkr~ fjDr inksa ds C;kSjs dks nks vxz.kh lekpkj i=ksa esa
foKkfir djok,xk vkSj bu fu;eksa esa ;Fkkfofgr vgZrk vkSj vU; ik=rk “krksZa dks iwjk djus okys vH;fFkZ;ksa
ls vkosnu vkeaf=r djsxk A
¼[k½ p;u bu fu;eksa esa fofgr ik=rk “krksZa ds vuqlkj fd;k tk,xk A
¼x½ lafonk fu;qfDr dh n”kk esa in ij fu;qfDr ds fy, p;u] ekSf[kd ijh{kk ds vk/kkj ij fd;k
tk,xk ;k ;fn vko”;d ;k lehphu le>k tk, rks fyf[kr ijh{kk ;k O;kogkfjd ijh{kk ds vk/kkj ij
fd;k tk,xk ftldk Lrj@ikB~;Øe vkfn lEc} p;u lfefr] tSlh fd ljdkj }kjk le;≤ ij
xfBr dh tk,] }kjk vo/kfjr fd;k tk,xk A
¼?k½ funs”kd] LokLF; lsok,a] p;u izfØ;k iw.kZ gksus ds Ik”pkr~] viuh flQkfj”kksa lfgr leLr
vfHkys[k dks] ljdkjh Lrj ij fu;qfDr ds vkns”k tkjh djus ds fy,] ljdkj dks Hkstsxk A
¼III ½ ekuns;-&&lafonk vk/kkj ij fu;qDr vH;FkhZ dks fuEufyf[kr fu;r jde izfrekl lanr dh
tk,xh %
• ,e0 ch0 ch0 ,l0 % ` 26]250@& izfrekl
fpfdRlk vf/kdkjh
• LukrdksRrj fpfdRlk % ` 40]000@& izfrekl A
vf/kdkfj;ksa dks ljdkj }kjk le;≤ ij ;Fkk vf/klwfpr
mijksDr lafonkRed jde dks ljdkj }kjk le;≤ ij vf/klwpuk ds ek/;e ls c<+k;k@?kVk;k
tk ldsxkA
6762
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
fucU/ku vkSj “krsasZ-&&¼d½ lafonk ij vH;FkhZ dh lsok iw.kZr;k vLFkkbZ vk/kkj ij gksxh A ;fn
lafonk ij fu;qDr O;fDr dk dk;[email protected] Bhd ugha ik;k tkrk gS] rks fu;qfDr lekIr fd, tkus ds fy,
nk;h gksxh A
¼[k½ lafonk vk/kkj ij fu;qDr vH;FkhZ dks mijksDr LrEHk ¼iii½ ekuns; esa ;Fkkof.kZr ;k ljdkj
}kjk le;≤ ij fu;r lfa onkRed jde lanr dh tk,xh A
¼x½ lafonk ij fu;qDr O;fDr ,d ekl dh lsok iwjh djus ds i”pkr nks fnu ds vkdfLed
vodk”k dk gdnkj gksxkA ;g vodk”k ,d o’kZ rd lafpr fd;k tk ldsxkA lafonk ij fu;qDr O;fDr
dks fdlh Hkh izdkj dk vU; dksbZ vodk”k vuqKkr ugha gksxkA og fpfdRlk izfriwfrZ vkSj ,y0Vh0lh0
bR;kfn ds fy, Hkh gdnkj ugha gksxk@gksxhA dsoy izlwfr vodk”k] fu;ekuqlkj fn;k tk,xkA
¼?k½ p;fur vH;FkhZ dks ljdkjh ftyk fpfdRlky; ¼vLirky½ ls viuk vkjksX; izek.k i= izLrqr
djuk gksxk A efgyk vH;fFkZ;ksa dh n”kk esa] ckjg lIrkg ls vf/kd dh xHkZoLFk] mls vLFkkbZ rkSj ij
vuqi;qDr cuk nsxh vkSj izlo gksus rd mldh fu;qfDr ij fopkj ugha fd;k tk,xk A efgyk vH;FkhZ;ksa
dk fdlh izkf/kd`r fpfdRlk vf/kdkjh@O;olk;h }kjk mi;qDrrk ds fy, iqu% ijh{k.k fd;k tk,xkA
mi;qDrrk ij] rFkkfi] ,sls vH;FkhZ dks iqu% lk{kkRdkj ugha fy;k tk,xk vkSj mldk lfa onkRed dk;Zdky
mlds dk;Zxzg.k djus dh rkjh[k ls vkjEEk gksxkA
¼M-½ lafonk vk/kkj ij fu;qDr vH;FkhZ ftlus rSukrh ds ,d LFkku ij ikpa o’kZ dk dk;Zdky iw.kZ
dj fy;k gS] LFkkukarj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj ij ,slk djuk visf{kr gks A
¼p½ lafonk ij fu;qDr O;fDr dk ;fn vius inh; drZO;ksa ds lEcU/k esa nkSjs@izf”k{k.k ij tkuk
visf{kr gks rks og mlh nj ij] tSlh fu;fer fpfdRlk vf/kdkjh dks ykxw gS] ;k=k HkRrs@nSfud HkRrs dk
gdnkj gksxk@gksxh A
¼N½ fu;a=d vf/kdkjh ds vuqeksnu ds fcuk lsok ls vuf/kd`r vuqofLFkfr ls Lor% gh lafonk dk
Ik;kZolkj¼lekiu½ gks tk,xkA lafonk ij fu;qDr O;fDr drZO;¼M;wVh½ ls vuf/kd`r vuqifLFkfr dh vof/k
ds fy, lafonkRed jde dk gdnkj ugha gksxkA
¼t½ lafonk ij fu;qDr O;fDr }kjk fdlh Hkh izdkj dh izkbosV izSfDVl izfrf’k)+ gS A
¼>½ fu;fefr deZpkfj;ksa dh n”kk esa ;Fkk ykxw lsok fu;eksa ds micU/k tSls ,Q0vkj0&,l0vkj0]
NqVVh fu;e] lk/kkj.k Hkfo’; fuf/k fu;e] iSa”ku fu;e rFkk vkpj.k fu;e vkfn lafonk ij fu;qDr
O;fDr;ksa dh n”kk esa ykxw ugha gksaxsA
¼´½ bu fu;eksa ds v/khu lafonk vk/kkj ij yxk;s x, vH;FkhZ dks] fdlh Hkh Lrj ij foHkkx esa
fu;ferhdj.k@LFkk;h vkesyu dk nkok djus dk vf/kdkj ugha gksxk A
¼IV½ djkj-&&vH;FkhZ dks p;u ds i”pkr bu fu;eksa ls layXu mikcU/k&[k* ds vuqlkj djkj
gLrk{kfjr djuk gksxk A
¼V½ fu;qfDr@vuq”kklu izkf/kdkjh-&&iz/kku lfpo@lfpo ¼LokLF;½ fgekpy izns”k ljdkj fu;qfDr
vkSj vuq”kklu izkf/kdkjh gksaxsA
16- vkj{k.k-&lsok esa fu;qfDr] fgekpy izns”k ljdkj }kjk] le; le; ij vuqlwfpr tkfr;ksa@
vuqlwfpr tutkfr;ksa@vU; fiNMsa+ oxksZa vkSj vU; izoxkasaZ ds O;fDr;ksa ds fy, lsok esa vkj{k.k dh ckcr
tkjh fd, x, vkns”kksa ds v/khu gksxhA
6763
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
17- foHkkxh; ijh{kk-&&lsok ds izR;sd lnL; dks le;≤ ij ;Fkk la”kksf/kr fgekpy izns”k
foHkkxh; ijh{kk fu;e] 1997] esa ;Fkkfofgr foHkkxh; ijh{kk mRrh.kZ djuh gksxh A
18- f”kfFky djus dh “kfDr-&&Tkgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko”;d ;k
lehphu gS] ogka og dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkns”k }kjk] bu fu;eksa ds fdUgha micU/kksa dks
fdlh oxZ ;k O;fDr;ksa ds izoxZ ;k inksa dh ckcr] f”kfFky dj ldsxhA
&&&&&&&&&
ifjf”k’V ^d*
List of Postgraduate qualifications
Sr.
No.
Subject
Degree
Diploma
1.
Pathology
M.D.(Pathology), MD (Pathology
Bacteriology) & D.N.B.
D.C.P.
2.
Microbiology
MD(Microbiology)
MD
(Microbiology with Pathology) & D.N. B
3.
Social and
Preventive
Medicine
MD (Social and Preventive Medicine),
MD( Community Medicine) & D.N.B.
4.
Forensic
Medicine
M.D. (Forensic Medicine) & D.N.B.
Diploma
(Forensic
Medicine)
5.
General
Medicine
M.D.(Medicine or General Medicine) & D.N.B.
6.
General Surgery
M.S. (Surgery/ General Surgery) & D.N.B.
7.
Obstetrics &
Gynaecology
M.D. or M.S. (Obstetrics and Midwifery
& M.S.(Gynaecology) & D.N.B.
D.G.O.
8.
Paediatrics
M.D. (Paediatrics) & D.N.B.
D.C.H.
Diploma
(Paediatrics)
9.
Psychiatry
M.D.(Psychiatry)M.D. Medicine with
Diploma in Psychological Medicine &
D.N.B.
…
10.
Skin & V.D.
(Venereology
Dermatology)
M.D. (Venereology Dermatology), MD
(Dermatology Venereology & Leprosy),
M.D. Medicine with D.V.D. & D.N.B.
D.V.D.
D.D.V.
D.V.
11.
Orthopaedics
M.S.(Orthopaedics) & D.N.B.
D.Ortho
12.
Anaesthesiology
M.D. or M.S. (Anaesthesiology) & D.N.B.
DA
13.
Radiology
M.D. (Radiology) & D.N.B.
DMRD
14.
Radiotherapy
MD (Radiotherapy) & D.N.B.
DMRT
15.
Ophthalmology
M.D. or MS (Ophthalmology) & D.N.B.
…
16.
Oto-Rhino
Laryngology
(ENT)
M.S.(ENT)Oto-Rhino Laryngology &
D.N.B.
D.L.O.
17.
Public Health
M.D. (Community Medicine)/ M.D.
(Social & Preventive Medicine)/M.D.
DPH,
DT&DHE
6764
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
( Health Admn.)
Master/ MSc. in Public Health. Masters in
Applied Epidemiology and Sports
Medicine
Diploma in
Child &
Maternal
Health
18.
Anatomy
M.D., M.S. & D.N.B.
19.
Physiology
M.D., M.S. & D.N.B.
20.
Pharmacology
M.D., M.S. & D.N.B.
21.
Post P.G.
M.Ch./ DM in any discipline recognized
by the Medical Council of India
NB: The above qualifications are subject to recognition by the Medical Council of India.
__________
mikcU/k& “[k”
¼fpfdRld dk uke ½------------------------------------vkSj fgekpy izns”k ljdkj ds e/; fo”ks’k@vfrfjDr@la;qDr@
voj lfpo ¼LokLF;½] fgekpy izns”k ljdkj ds ek/;e ls fu’ikfnr dh tkus okys
lafonk@djkj dk izk:i
;g djkj Jh@Jhefr------------------------------------------------------------ iq=@iq=h Jh-------------------------------------------------------------
fuoklh---------------------------------------------------------------]lafonk ij fu;qDr O;fDr (ftls blesa blds Ik'pkr~ ‘izFke
Ik{kdkj’ dgk x;k gS)] vkSj fgekpy izns'k dh jkT;iky ds e/;] fo”ks’k@vfrfjDr@la;qDr@voj lfpo
¼LokLF;½] fgekpy izns”k ljdkj (ftls blesa blds Ik'pkr~ ‘f}rh; Ik{kdkj’ dgk x;k gS) ds ek/;e ls
vkt rkjh[k------------------------------- dks fd;k x;kA
‘f}rh; Ik{kdkj’ us mijksDr izFke Ik{kdkj dks yxk;k gS vkSj izFke i{kdkj us ----------------¼fpfdRlk
vf/kdkjh dk uke½ ds :Ik esa lafonk vk/kkj ij fuEufyf[kr fucU/ku vkSj 'krksZa ij lsok djus ds fy,
lgefr nh gS%&
1- ;g fd izFke Ik{kdkj us fpfdRlk vf/kdkjh ds :Ik e-sa ------------------ ls izkjEHk gksus vkSj------------------
dks lekIr gksus okys fnu rd ,d o’kZ dh vof/k ds fy, f}rh; Ik{kdkj dh lsok esa jgsxkA ;g fofufnZ’V
:Ik ls mfYyf[kr fd;k x;k gS vkSj nksukas Ik{kdkjksa }kjk djkj ik;k x;k gS fd izFke Ik{kdkj dh f}rh;
Ik{kdkj ds lkFk lafonk] vkf[kjh dk;Z fnol~ vFkkZr~---------------fnu dks Lo;aeso gh Ik;Zoflr (lekIr) gks tk,xh
RkFkk lwpuk uksfVl vko”;d ugha gksxk%
ijUrq o’kkZuqo’kZ ds vk/kkj ij lafonk dh vof/k esa [email protected] djus ds fy, lEc)
foHkkxk/;{k ;g izek.k&Ik= tkjh djsxk fd lafonk ij fu;qDr O;fDr dh lsok vkSj vkpj.k o’kZ ds nkSjku
larks’ktud jgs gS vkSj dsoy rHkh mldh lafonk dh vof/k esa c<[email protected] fd;k tk,xkA
2- izFke Ik{kdkj dks lafonkRed jde ---------------- :Ik;s izfrekl gksxhA
3- izFke Ik{kdkj dh lsok iw.kZr;k vLFkkbZ vk/kkj ij gksxhA ;fn lafonk ij fu;qDr O;fDr dk
dk;[email protected] Bhd ugha ik;k tkrk gS rks fu;qfDr Ik;Zkoflr ¼lekIr½ fd, tkus ds fy, nk;h gksxhA
4- izFke Ik{kdkj ,d ekl dh lsok iwjh djus ds Ik'pkr~ nks fnu ds vkdfLed vodk'k dk
gdnkj gksxkA ;g vodk'k ,d o’kZ rd lafpr fd;k tk ldsxkA izFke Ik{kdkj dks fdlh Hkh izdkj dk
vU; dksbZ vodk'k vuqKkr ugha gksxkA og fpfdRlk izfriwfrZ vkSj ,y0Vh0lh0 bR;kfn ds fy, Hkh gdnkj
ugha gksxk@gksxhA dsoy izlwfr vodk'k] fu;ekuqlkj fn;k tk,xkA
6765
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
5- fu;U=d vf/kdkjh ds vuqeksnu ds fcuk dRRkZO;ksa ls vuf/kd`r vuqifLFkfr ls Lor% gh lafonk
dk Ik;kZolku (lekiu) gks tk,xkA izFke Ik{kdkj dRrZO; (fM;wVh) ls vuqifLFkfr dh vof/k ds fy,
lafonkRed jde dk gdnkj ugha gksxkA
6- lafonk ij fu;qDr fpfdRlk vf/kdkjh] ftlus rSukrh ds ,d LFkku ij ikap o’kZ dk dk;Zdky
iw.kZ dj fy;k gS] vko”;drk ds vk/kkj ij LFkkukarj.k gsrq ik= gksxk] tgka Hkh iz”kklfud vk/kkj ij ,slk
djuk visf{kr gks A
7- p;fur vH;FkhZ dks ljdkjh@jftLVªhd`r fpfdRlk O;olk;h ls viuk vkjksX; izek.k&Ik=
izLrqr djuk gksxkA efgyk vH;fFkZ;ksa dh n”kk esa] ckjg lIrkg ls vf/kd dh xHkkZoLFkk izlo gksus rd] mls
vLFkkbZ rkSj ij vuqi;qDr cuk nsxhA efgyk vH;fFkZ;ksa dk fdlh izkf/kd`r fpfdRlk vf/kdkjh@O;olk;h
}kjk mi;qDrrk ds fy, iqu% ijh{k.k fd;k tkuk pkfg,A
8- lafonk ij fu;qDr fpfdRlk vf/kdkjh dk] ;fn vius inh; dRrZO;ksa ds lEcU/k esa nkSjs ij
tkuk visf{kr gks] rks og mlh nj ij] tSlh fu;fer izfrLFkkuh deZpkjh dks osrueku ds U;wure ij ykxw
gS] ;k=k HkRrs@nSfud HkRrs dk gdnkj gksxk@gksxh A
9- lafonk ij fu;qDr O;fDr¼;ksa½ dks deZpkjh lkewfgd chek ;kstuk ds lkFk&lkFk b0ih0,Q0@
th0ih0,Q0 Hkh ykxw ugha gksxkA
blds lk{;Lo:i izFke Ik{kdkj vkSj f}rh; Ik{kdkj us lkf{k;ksa dh mifLFkfr esa blesa loZizFke
mfYyf[kr rkjh[k ekl vkSj o’kZ dks vius&vius gLrk{kj dj fn, gSa A
lk{kh dh mifLFkfr esa % &
1-------------------------------------------
-------------------------------------------
-----------------------------------------
(uke o iwjk irk)
2-------------------------------------------
------------------------------------------
----------------------------------------------
(uke o iwjk irk)
¼izFke Ik{kdkj ds gLrk{kj½
lkf{k;ksa dh mifLFkfr esa % &
1-------------------------------------------
-------------------------------------------
-----------------------------------------
(uke o iwjk irk)
2------------------------------------------
------------------------------------------
----------------------------------------------
(uke o iwjk irk)
¼f}rh; Ik{kdkj ds gLrk{kj½
6766
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
[Authoritative English Text of HP Government Notification No.Health-AA(3)2/97(Loose)
dated 09.03.2012 as required under clause (3) of Article 348 of the Constitution of India].
HEALTH AND FAMILY WELFARE DEPARTMNET
NOTIFICATION
Shimla-2, the 9th March, 2012
No. Health-A-A(3)2/97(loose).—In exercise of the powers conferred by proviso to Article
309 of the Constitution of India, the Governor Himachal Pradesh in consultation with the Himachal
Pradesh Public Services Commission, is pleased to make the Recruitment and Promotion Rules for
the post of Medical Officer (General Wing) Class-I, (Gazetted) in the Himachal Pradesh Health and
Family Welfare Department as per Annexure-A attached to this notification namely:-
1.
Short title and commencement.—(i) These Rules may be called Himachal Pradesh
Medical Civil Services, Medical Officer Class-I, (Gazetted) Recruitment and Promotion Rules,
2012.
(ii) These Rules shall come into force from the date of publication in the Rajpatra,
Himachal Pradesh.
2.
Repeal and savings.—(i) The Himachal Pradesh Health and Family Welfare
Department (Civil Wing) Medical Officer (Class-I, Gazetted) Recruitment and Promotion Rules,
2004 notified vide this department Notification No. Health-A-A(3)-2/97 dated 25.08.2004 are
hereby repealed.
(ii) Notwithstanding such repeal any appointment made or anything done or any action
taken under the rules so repealed under sub-rule 2(1) supra shall be deemed to have been validly
made, done or taken under these rules.
By order,
Sd/-
Secretary (Health).
________
ANNEXURE-A
RECRUITMENT AND PROMOTION RULES FOR THE POST OF MEDICAL OFFICER,
CLASS-I (GAZETTED) -GENERAL WING) IN THE DEPARTMENT OF
HEALTH AND FAMILY WELFARE, H. P.
1. Name of the Post.—Medical Officer (General Wing)
2. Number of posts.—1497 +100 PG reserve posts (One thousand four hundred and
ninety seven + 100 PG reserve posts).
3. Classification.—Class-I (Gazetted)
4. Scale of Pay.—1. Rs. 15600-39100+ Rs. 5400 Grade Pay for Regular employee.
2. Emoluments for contract employee as per detail given in Column 15(A)
6767
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
5. Whether selection or nonselection post.—Not applicable.
6. Age for direct recruitment.—45 years and below:
Provided that the upper age limit for direct recruits will not be applicable to the candidates
already appointed on adhoc or on contract basis ;
Provided further that if a candidate appointed on adhoc or contract basis had become
overage on the date when he/she was appointed; he/she shall not be eligible for any relaxation in
the prescribed age limit by virtue of his/her appointment on adhoc/ contract basis ;
Provided further that upper age limit is relaxable for Scheduled Castes/Scheduled Tribes /
Other Categories of persons to the extent permissible under the general or special order(s) of Govt.
of Himachal Pradesh ;
Provided further that the employees of all the Public Sector Corporations and Autonomous
Bodies who happened to be Government Servants before absorption in Public Sector
Corporations/Autonomous Bodies at the time of initial constitutions of such Corporations/
Autonomous Bodies shall be allowed age concession in direct recruitment as admissible to
Government servants. This concession will not, however, be admissible to such staff of the Public
Sector Corporations/Autonomous Bodies who were/are subsequently appointed by such
Corporation/Autonomous Bodies and who are/were finally absorbed in the service of such
Corporations/Autonomous Bodies after initial constitution of the Public Sector Corporations/
Autonomous Bodies;
(1) Age limit for direct recruitment will be reckoned on the first day of the year in which
the post(s) is / are advertised for inviting applications or notified to the Employment
exchange.
(2) Age and experience in the case of direct recruitment relax-able at the discretion of the
H.P.P.S.C in case the candidate is otherwise well qualified.
7. Minimum Educational and Other qualification required for direct recruit(s).—
(a) Essential.—(i) Recognized Medical Qualification included in the first or second Schedule or
Part-II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council
Act, 1956. The holders of educational qualification included in Part-II of the third schedule should
fulfill the conditions stipulated in sub Section (3) of Section 13 of the Indian Medical Council Act,
1956.
(ii) Completion of compulsory rotating internship.
(b) Desirable.—(i) Post Graduate Degree or Diploma included in the first or second
Schedule or Part-II of the Third Schedule (other than licentiate qualifications) to the Indian Medical
Council Act, 1956. The holders of educational qualification included in Part-II of the third schedule
should fulfill the conditions stipulated in sub Section (3) of Section 13 of the Indian Medical
Council Act, 1956.
(ii) A post graduate qualification from a recognized institution as mentioned in
Appendix-A.
(iii) Knowledge of customs, manners & dialects of Himachal Pradesh & suitability for
appointment in the peculiar conditions prevailing in the Pradesh.
6768
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
8. Whether age and educational qualifications prescribed for direct recruits will
apply in case of the promotees.— Age.—Not applicable.
Educational Qualification.—Not applicable
9. Period of probation, if any.—Two years’ subject to such further extension for a
period not exceeding one year as may be ordered by the competent authority in special
circumstances and reasons to be recorded in writing.
Provided that the provisions of this Rule shall not be applicable in the case of Medical
Officers appointed on contract.
10. Method(s) of recruitment, whether by direct recruitment or by promotion,
deputation, transfer and the percentage of post(s) to be filled in by various methods.—(i)
100% by direct recruitment on a regular basis or by recruitment on contract basis as the case may
be. The contract employees will get emoluments as given in Col.15-A and will be governed by the
service conditions as specified in the said column.
11. In case of recruitment by promotion, deputation, transfer, grades from which
promotion/deputation/ transfer is to be made.—Not applicable.
12. If a Departmental Promotion Committee exists, what is its composition? .—Not
applicable.
13. Circumstances under which the HPPSC is to be consulted in making
recruitment.—As required under the Law.
14. Essential requirements for direct recruitment.—A candidate for appointment to any
service or post must be a Citizen of India.
15. Selection for appointment to the post on regular basis.—Selection for appointment
to the post in the case of direct recruitment shall be made on the basis of vivavoce test or written or
practical test ; if Himachal Pradesh Public Service Commission or other recruiting authority as the
case may, so consider necessary or expedient. The standard/syllabus of the viva-voce/written/
practical test will be determined by the Commission/ other recruiting authority, as the case may be.
15(A) Selection for appointment to the post on Contract basis.
(I) CONCEPT.—(a) Under this policy the Medical Officer in Health & Family Welfare
Department, H.P. will be engaged on contract basis initially for a period of one year, which may be
extendable on year to year basis:
Provided that for extension/renewal of contract period on year to year basis the concerned
HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory
during the year.
(II) SELECTION.—(a) The Director of Health Services, H.P. after obtaining the approval
of the Government to fill up the vacant posts on contract will advertise the detail of vacant posts in
two leading news-papers and invite applications from the candidates having the prescribed
qualifications & fulfilling the other eligibility conditions as prescribed in these Rules.
(b) The selection will be made in accordance with the eligibility conditions prescribed in
these Rules.
6769
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(c) Selection for appointment to the post in the case of contract appointment will be made
on the basis of viva-voce test or if considered necessary or expedient by written test or practical test
the standard / syllabus etc. of which will be determined by the concerned selection committee as
may be constituted by the Government from time to time.
(d) After concluding the selection process, the Director Health Services will furnish all the
records alongwith recommendation to the Government for issuing of appointment orders at
Government level.
(III)
HONORARIUM.—A candidate appointed on contract basis will be paid the
following fixed amount per month:
MBBS Medical Officers: Rs. 26250/- P.M. Post Graduate Medical Officers as notified by
the Govt. from time to time.—Rs.40,000/- P.M.
The above contractual amount may be increased/ decreased by the Govt. from time to time
by way of notification.
TERMS AND CONDITIONS.—(a) The service of the candidates on contract will be
purely on temporary basis. The appointment is liable to be terminated in case the performance/
conduct of the contract appointee is not found satisfactory.
(b) The candidate appointed on contract basis will be paid the contractual amount as
mentioned in (III) Honorarium column above or as fixed by the Government from time to time.
(c) The contractual candidates will be entitled for two days Casual Leave after putting one
month service. This leave can be accumulated upto one year. No leave of any other kind is
admissible. He/She shall not be entitled for Medical Reimbursement and LTC etc. Only Maternity
leave will be given as per Rules.
(d) Selected candidate will have to submit a certificate of his/her fitness from a
Government District Hospital. In case of women candidates pregnancy beyond twelve weeks will
render her temporary unfit and she will not be considered for appointment till her period of
confinement is over. The woman candidate should be re-examined for fitness from an Authorized
Medical Officer. On fitness, however, such candidate will not be subjected to fresh interview and
her contractual tenure shall follow from the date of her joining.
(e) A candidate appointed on contract basis having completed five years tenure at one
place of posting will be eligible for transfer wherever required on administrative grounds.
(f) The contract appointee will be entitled to TA/DA if required to go on tour/training in
connection with his/her official duties at the same rate as applicable to regular Medical Officer.
(g) Unauthorized absence from the duties without the approval of the controlling officer
shall automatically lead to the termination of the contract. Contract appointee shall not be entitled
for contractual amount for the period of unauthorized absence from duty.
(h) Private practice of any kind by the contract appointee is prohibited.
(i) Provisions of service rules like FR, SR, Leave Rules, GPF Rules, Pension, Rules, &
Conduct Rules etc. as are applicable in case of regular employees will not be applicable in case of
contract appointee.
6770
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(j) The candidate engaged on contract basis under these rules shall have no right to claim
for regularization / permanent absorption in the department at any stage.
(IV)
AGREEMENT.—After selection of a candidate, he/she shall sign an agreement
as per Annexure-B appended to these Rules.
(V) APPOINTING/DISCIPLINARY AUTHORITY.—The Principal Secretary/Secretary
(Health) will be the appointing and disciplinary authority.
16. Reservation.—The appointment to the service shall be subject to the orders regarding
reservation in the service for Scheduled Caste/Scheduled Tribes/Backward Classes/other categories
of persons issued by the Government of Himachal Pradesh from time to time.
17. Departmental Examination.—Every Member of the service shall pass a
Departmental Examination as prescribed in the Departmental Examination Rules, 1997 as amended
from time to time.
18. Powers to relax.—Where the State Government is of the opinion that it is necessary or
expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with
the Himachal Pradesh Public Service Commission, relax any of the provision(s) of these Rules with
respect to any class or category of person (s) or post(s).
________
APPENDIX-A
List of Postgraduate qualifications
Sr.
No.
Subject
Degree
Diploma
1.
Pathology
M.D.(Pathology), MD (Pathology
Bacteriology) & D.N.B.
D.C.P.
2.
Microbiology
MD(Microbiology)
MD
(Microbiology with Pathology) & D.N. B
3.
Social and
Preventive
Medicine
MD (Social and Preventive Medicine),
MD( Community Medicine) & D.N.B.
4.
Forensic
Medicine
M.D. (Forensic Medicine) & D.N.B.
Diploma
(Forensic
Medicine)
5.
General
Medicine
M.D.(Medicine or General Medicine) & D.N.B.
6.
General Surgery
M.S. (Surgery/ General Surgery) & D.N.B.
7.
Obstetrics &
Gynaecology
M.D. or M.S. (Obstetrics and Midwifery
& M.S.(Gynaecology) & D.N.B.
D.G.O.
8.
Paediatrics
M.D. (Paediatrics) & D.N.B.
D.C.H.
Diploma
(Paediatrics)
9.
Psychiatry
M.D.(Psychiatry)M.D. Medicine with
Diploma in Psychological Medicine &
D.N.B.
…
10.
Skin & V.D.
M.D. (Venereology Dermatology), MD
D.V.D.
6771
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(Venereology
Dermatology)
(Dermatology Venereology & Leprosy),
M.D. Medicine with D.V.D. & D.N.B.
D.D.V.
D.V.
11.
Orthopaedics
M.S.(Orthopaedics) & D.N.B.
D.Ortho
12.
Anaesthesiology
M.D. or M.S. (Anaesthesiology) & D.N.B.
DA
13.
Radiology
M.D. (Radiology) & D.N.B.
DMRD
14.
Radiotherapy
MD (Radiotherapy) & D.N.B.
DMRT
15.
Ophthalmology
M.D. or MS (Ophthalmology) & D.N.B.
…
16.
Oto-Rhino
Laryngology
(ENT)
M.S.(ENT)Oto-Rhino Laryngology &
D.N.B.
D.L.O.
17.
Public Health
M.D. (Community Medicine)/ M.D.
(Social & Preventive Medicine)/M.D.
( Health Admn.)
Master/ MSc. in Public Health. Masters in
Applied Epidemiology and Sports
Medicine
DPH,
DT&DHE
Diploma in
Child &
Maternal
Health
18.
Anatomy
M.D., M.S. & D.N.B.
19.
Physiology
M.D., M.S. & D.N.B.
20.
Pharmacology
M.D., M.S. & D.N.B.
21.
Post P.G.
M.Ch./ DM in any discipline recognized
by the Medical Council of India
NB: The above qualifications are subject to recognition by the Medical Council of India.
__________
Annexure-B
Form of contract/agreement to be executed between the ----------------- (name of doctor) & the
Government of Himachal Pradesh through Spl./ Addl. Joint/Under Secretary (Health)
to the Government of Himachal Pradesh
This agreement is made on this……..............day of…in the year….......…...........between
Sh/Smt.………..........……S/o /D/o Shri…........………………R/o…………………………………..
Contract appointee (hereinafter called the FIRST PARTY), AND The Governor, Himachal Pradesh
through Spl./ Addl. Joint/ Under Secretary (Health) to the Government of Himachal Pradesh
(here-in-after called the SECOND PARTY).
Whereas, the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST
PARTY has agreed to serve as a Medical Officer on contract basis on the following terms &
conditions:-
1. That the FIRST PARTY shall remain in the service of the SECOND PARTY as a
Medical Officer on contract basis for a period of 1 year commencing on day of………and ending
on the day of………. It is specifically mentioned and agreed upon by both the parties that the
contract of the FIRST PARTY with SECOND PARTY shall ipso-facto stand terminated on the last
working day i.e. on …………….. and information notice shall not be necessary.
Provided that for extension/renewal of contract period on year to year basis the concerned
HOD shall issue a certificate that the service and conduct of the contract appointee has been
satisfactory during the previous year and only then his period of contract is to be renewed/extended
2. The contractual honorarium of the FIRST PARTY will be Rs………../- per month.
6772
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3. The service of FIRST PARTY will be purely on temporary basis. The appointment is
liable to be terminated in case the performance/conduct of the contract appointee is not found
satisfactory.
4. The FIRST PARTY will be entitled for two days casual leave after putting in one
month service. This leave can be accumulated upto one year. No leave of any other kind is
admissible to the FIRST PARTY. He/She will not be entitled for Medical Reimbursement and LTC
etc. Only maternity leave will be given as per Rules.
5. Unauthorized absence from the duty without the approval of the controlling officer
shall automatically lead to the termination of the contract. The FIRST PARTY will not be entitled
for contractual amount for the period of absence from duty.
6. A Medical Officer appointed on contract basis having completed five years tenure at
one place of posting will be eligible for transfer on need based basis wherever required on
administrative grounds.
7. Selected candidate will have to submit a certificate of his/her fitness from a
Government/Registered Medical Practitioner. In case of woman candidate pregnancy beyond
twelve weeks will render her temporarily unfit and she will not be considered for appointment till
her period of confinement is over. The woman candidate would be re-examined for fitness from an
authorized Medical Officer/practitioner.
8. Contract Medical Officer shall be entitled to TA/DA if required to go on tour in
connection with his/her official duties at the same rate as applicable to regular counter-part official
at the minimum of the pay scale.
9. The Employees Group Insurance Scheme as well as EPF/GPF will not be applicable to
the contractual appointee (s).
IN WITNESS the FIRST PARTY AND SECOND PARTY have herein to set their hands
the day, month and year first, above written.
IN THE PRESENCE OF WITNESS:
1……………………………………….
……………………………………….
……………………………………….
2. ……………………………………..
………………………………………..
………………………………………..
(Name and Full Address)
(Signature of the FIRST PARTY)
1. . …………………………………….
………………………………………..
……………………………………….
2. …………………………………….
………………………………………..
……………………………………….
(Name and Full Address)
(Signature of the SECOND PARTY)
6773
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
LokLF; ,oa ifjokj dY;k.k foHkkx
vf/klwpuk
f”keyk&171002] 24 Qjojh] 2012
la[;k LokLF;&,&,¼3½&2@2011-&fgekpy izns”k dh jkT;iky] Hkkjr ds lafo/kku ds vuqPNsn 309
ds ijUrqd }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns”k yksd lsok vk;ksx ds ijke”kZ ls]
fgekpy izns”k LokLF; lqj{kk ,oa fofu;eu foHkkx esa vkS’kf/k fu;U=d] oxZ&I] ¼jktif=r½ ds in ds fy,
bl vf/klwpuk ls layXu mikcU/k&*d^ ds vuqlkj HkrhZ vkSj izksUufr fu;e cukrh gaS] vFkkZr~ %&
1-
laf{kIr uke vkSj izkjEHk-&¼1½ bu fu;eksa dk laf{kIr uke fgekpy izns”k LokLF; lqj{kk ,oa
fofu;eu foHkkx] vkS’kf/k fu;U=d] oxZ&I ¼jktif=r½ HkrhZ vkSj izksUufr fu;e] 2012 gSA
¼2½
;s fu;e jkti=] fgekpy izns”k esas izdkf”kr fd, tkus dh rkjh[k ls izo`Rr gksaxsA
vkns'k }kjk]
gLrk{kfjr@&
lfpo ¼LokLF;½A
&&&&&&&&
mikcU/k&ßdÞ
fgekpy izns'k LokLF; lqj{kk ,oa fofu;eu foHkkx esa vkS’kf/k fu;U=d] oxZ&I ¼jktif=r½ ds in ds fy,
HkrhZ vkSj izksUufr fu;e
1-
Ikn dk uke-&vkS’kf/k fu;U=dA
2-
Iknks dh la[;k-&1 ¼,d½A
3-
OkxhZdj.k-&oxZ&A ¼jktif=r½A
4-
Oksrueku-&is cS.M 15600&39100 #i, tek 7600@&xszsM isA
5-
Pk;u in vFkok vp;u in-&p;uA
6-
lh/kh HkrhZ ds fy, vk;q-&ykxw ughaA
7-
Lkh/ks HkrhZ fd;s tkus okys O;fDr¼O;fDr;ksa½s ds fy, visf{kr U;wure 'kSf{kd vkSj vU;
vgZrk,a-&vfuok;Z vgZrk ¼,a½ % ykxw ugha % okaNuh; vgZrk ¼,a½ % ykxw ugha A
8-
Lkh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj 'kSf{kd vgrkZ,a izksUur
O;fDr;ksa dh n'kk esa ykxw gksxh ;k ugh-&% ¼d½ vk;q % ykxw ugha % ¼[k½ 'kSf{kd vgZrk % ykxw ugha A
9-
Ikfjoh{kk dh vof/k] ;fn dksbZ gks-&nks o"kZ] ftldk ,d o"kZ ls vuf/kd ,slh vkSj vof/k ds
fy, foLrkj fd;k tk ldsxk] tSlk l{ke izkf/kdkjh fo'ks"k ifjfLFfr;ksa esa vkSj fyf[kr dkj.kks ls vkns'k nsA
10-
HkrhZ dh Ik)fr % HkrhZ lh/kh gksxh ;k izksUufr] izfrfu;qfDr] LFkkukrj.k }kjk vkSj fofHkUu
Ik)fr;ksa }kjk Hkjs tkus okys inksa dh izfr'krrk-&“krizfr'kr izksUufr }kjk A
6774
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
11-
IkzksUufr] izfrfu;qfDr] LFkkukUrj.k dh n'kk esa Jsf.k;k ¼axszM½ ftuls izksUufr] izfrfu;qfDr]
LFkkukUrj.k fd;k tk,xk-&lgk;d vkS’kf/k fu;U=dksa esa ls izksUufr }kjk] ftudk ikap o’kZ dk fu;fer
lsokdky ;k xzsM esa dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] dks lfEefyr djds] ikap o’kZ dk fu;fer
lsokdky gks] ,slk u gksus ij lgk;d vkS’kf/k fu;U=dksa esa ls izksUufr }kjk] ftudk lgk;d vkS’kf/k
fu;U=d vkSj vkS’kf/k fujh{kd ds #i esa la;qDr nl o’kZ dk fu;fer lsokdky ;k dh xbZ yxkrkj rnFkZ
lsok] ;fn dksbZ gks] dks lfEefyr djds nl o’kZ dk fu;fer lsokdky gks] ftlesa lgk;d vkS’kf/k fu;U=d
ds #i esa rhu o’kZ dh vfuok;Z lsok Hkh lfEefyr gksxh A
¼1½
izksUufr ds lHkh ekeyksa esa] in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks’kd½ in esa dh xbZ
yxkrkj rnFkZ lsok] ;fn dksbZ gks] izksUufr ds fy, bu fu;eks esa ;Fkkfofgr lsokdky ds fy,] bl 'krZ ds
v/khu jgrs gq, x.kuk esa yh tk,xh] fd lEHkjd ¼iks’kd½ izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ vkSj izksUufr
fu;eksa ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds Ik'pkr~ dh xbZ Fkh%
ijUrq mu lHkh ekeyksa] esa ftuesa dksbZ dfu’B O;fDr lEHkjd ¼iks’kd½ in esa vius dqy lsokdky
¼rnFkZ vk/kkj ij dh xbZ rnFkZ lsok lfgr] tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½ ds vk/kkj ij
mi;qZDr fufnZ’V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius
izoxZ@in@dkMj esa mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs
le; dfu"B O;fDr;ksa ls Åij j[ks tk,axs %
ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh] ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls
de rhu o"kZ dh U;wure vgrkZ lsok ;k in ds HkrhZ vkSj izksUufr fu;eksa esa fofgr lsok] tks Hkh de gks]
gksxh %
ijUrq ;g vkSj Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrqd dh vis{kkvksa ds dkj.k izksUufr fd, tkus
lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fy, vik= le>k
tk,xk@le>s tk,axsA
Li"Vhdj.k-& vfUre ijUrqd ds vUrxZr dfu"B in/kkjh izksUufr ds fy, vik= ugh le>k tk,xk
;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS ftls fMeksfcykbTM vkeZM QksflZl ijlksuy ¼fjtosZ'ku vkQ
osdsUlht bu fgekpy LVsV uku VSDuhdy lfoZflt½ #Yt] 1972 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ
fd;k x;k gS vkSj buds vUrxZr ojh;rk ykHk fn, x;s gksa ;k ftls ,Dl lfoZleSu ¼fjtosZ'ku vkQ
osdsUlht bu nh fgekpy izns'k VsfDudy lfoZflt½ #Yt] 1985 ds fu;e&3 ds micU/kksa ds vUrxZr HkrhZ
fd;k x;k gks vkSj buds vUrxZr ojh;rk ykkHk fn, x, gkas A
¼2½
blh izdkj LFkkbZdj.k ds lHkh ekeyks es ,sls in ij fu;fer fu;qfDr ls iwoZ lEHkjd
¼iks’kd½ in ij dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn
rnFkZ fu;qfDr@izksUufr] mfpr p;u ds Ik'pkr~ vkSj HkrhZ vkSj izksUufr fu;eksa ds micU/kksa ds vuqlkj dh
xbZ Fkh %
ijUrq dh xbZ mi;qZDr fufnZ"V rnFkZ lsok dks x.kuk esa ysus ds Ik'pkr~ tks LFkkbZdj.k gksxk] mlds
QyLo#Ik ikjLifjd ojh;rk vifjofrZr jgsxhA
12-
;fn foHkkxh; izksUufr Lkfefr fo|eku gks rks mldh lajpuk-&tSlh ljdkj }kjk
le;≤ ij xfBr dh tk,A
13-
HkrhZ djus esa ftu ifjfLFkfr;ksa esa fgekpy izns'k yksd lsok vk;ksx ls ijke'kZ fd;k
tk,xk-&tSlk fof/k }kjk visf{kr gks A
14-
Lkh/kh HkrhZ ds fy, vfuok;Z vis{kk-&ykxw ughaA
6775
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
15-
Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&ykxw ugh A
16-
vkj{k.k-&lsok es fu;qfDr] fgekpy izns'k ljdkj }kjk] le;≤ ij vuqlwfpr
tkfr;ksa@vuqlwfpr tutkfr;ksa@vU; fiNMs oxksZa vkSj vU; izoxZ ds O;fDr;ks ds fy, lsok esa vkj{k.k dh
ckcr tkjh fd, x, vkns'kksa ds v/khu gksxhA
17-
foHkkxh; ijh{kk-&Lksok esa izR;sd lnL; dks le;≤ ij ;Fkk la”kksf/kr foHkkxh; ijh{kk
fu;e] 1997 esa ;Fkk fofgr foHkkxh; ijh{kk ikl djuh gksxh A
18-
f'kfFky djus dh 'kfDr-&tgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko';d ;k
lehphu gS] ogka og] dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkSj fgekpy izns”k yksd lsok vk;ksx ds
ijke”kZ ls] vkns”k }kjk] bu fu;eksa ds fdUgh micU/kksa dks fdlh oxZ ;k O;fDr ¼O;fDr;ksa½ ds izoxZ ;k in
¼inksa½s dh ckcr] f'kfFky dj ldsxh A
&&&&&&&&&
[AUTHORITATIVE ENGLISH TEXT OF THIS DEPARTMENT NOTIFICATION NO.
HEALTH-A-A(3)-2/2011, DATED 24-2-2012 AS REQUIRED UNDER CLAUSE (3) OF ARTICLE
348 OF THE CONSTITUTION OF INDIA].
HEALTH & FAMILY WELFARE DEPARTMENT
NOTIFICATION
Shimla-2, the 24th February,2012
No. Health-A-A(3)-2/2011.—In exercise of the powers conferred by proviso to Article 309
of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal
Pradesh Public Service Commission, is pleased to make the Recruitment & Promotion Rules for the
post of Drug Controller Class-I (Gazetted), in the Department of Health Safety and Regulation,
Himachal Pradesh as per Annexure –A attached to this notification, namely :-
1.
Short title and commencement.—(1) These Rules may be called the Himachal
Pradesh, Department of Health Safety and Regulation, Drug Controller Class-I (Gazetted)
Recruitment and Promotion Rules, 2012.
(2)
These Rules shall come into force from the date of publication in the Rajpatra,
Himachal Pradesh.
By order,
Sd/-
Secretary (Health).
6776
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
ANNEXURE-“A”
Recruitment and Promotion Rules for the post of Drug Controller Class-I (Gazetted), in the
Department of Health Safety & Regulation, Himachal Pradesh
1.
Name of the posts.—Drug Controller.
2.
Number of posts-—1 (One).
3.
Classification .—Class-I (Gazetted).
4
Scale of Pay.—Pay Band Rs. 15600-39100+Rs 7600 Grade Pay.
5.
Whether Selection Post or Non-Selection Post.—Selection.
6.
Age for direct Recruitment .—Not Applicable.
7.
Minimum Educational and other qualifications required for direct recruits.—
(a) Essential Qualification(s): Not applicable : (b) Desirable Qualification(s) : Not applicable.
8.
Whether age and educational qualifications prescribed for direct recruit(s) will
apply in the case of the promotee(s).—(a) Age: Not applicable : (b) Educational Qualification:
Not applicable.
9.
Period of probation, if any.—Two Years’ subject to such further extension for a
period not exceeding one year as may be ordered by the competent authority in special
circumstances and reasons to be recorded in writing.
10.
Method (s) of recruitment whether by direct recruitment or by promotion,
deputation, transfer and the percentage of post(s) to be filled-in by various methods.—100%
by promotion.
11.
In case of recruitment by promotion, deputation, transfer, grade from which
promotion/deputation/ transfer is to be made.—By promotion from amongst the Assistant Drug
Controllers who possess five years’ regular service or regular combined with continuous adhoc
service, if any, in the grade failing which by promotion from amongst the Assistant Drug
Controllers who possess ten years’ regular service or regular combined with continuous adhoc
service, if any, as Assistant Drug Controllers and Drug Inspector combined which shall also include
three years’ essential service as Assistant Drug Controllers.
(I)
In all cases of promotion, the continuous adhoc service rendered in the feeder post,
if any, prior to regular appointment to the post shall be taken into account towards the length of
service as prescribed in these Rules for promotion subject to the condition that the adhoc
appointment/ promotion in the feeder category had been made after following proper acceptable
process of selection in accordance with the provisions of R&P Rules;
Provided that in all cases where a junior person becomes eligible for consideration by virtue
of his/her total length of service (including the service rendered on adhoc basis, followed by regular
service/appointment) in the feeder post in view of the provision referred to above, all persons senior
to him/her in the respective category/post/cadre shall be deemed to be eligible for consideration and
placed above the junior person in the field of consideration;
6777
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
Provided further that all incumbents to be considered for promotion shall possess the
minimum qualifying service of at least three years or that prescribed in the R&P Rules for the post,
whichever is less;
Provided further that where a person becomes ineligible to be considered for promotion on
account of the requirements of the preceding proviso, the person(s) junior to him/ her shall also be
deemed to be ineligible for consideration for such promotion;
Explanation.—The last proviso shall not render the junior incumbent(s) ineligible for
consideration for promotion if the senior ineligible person(s) happened to be Ex-Serviceman
recruited under the provisions of Rule-3 of the Demobilized Armed Forces Personnel (Reservation
of vacancies in the Himachal State Non-Technical Service) Rules, 1972 and having been given the
benefit of seniority there-under or recruited under the provisions of Rule-3 of the Ex-Serviceman
(Reservation of vacancies in Himachal Pradesh Technical Services) Rules, 1985 and having given
the benefit of seniority there-under .
(2)
Similarly, in all cases of confirmation adhoc service rendered on the feeder post, if
any, prior to the regular appointment/ promotion against such post shall be taken into account
towards the length of service, if the adhoc appointment/promotion had been made after proper
selection and in accordance with the provision of the R&P Rules.
Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc
service rendered as referred to above shall remain unchanged.
12.
If a Departmental Promotion Committee exists, what is its composition.—As
may be constituted by the Government from time to time.
13.
Circumstances under which the HP Public Service Commission is to be
consulted in making recruitment.—As required under the law.
14.
Essential requirement for direct recruitment.— Not Applicable.
15.
Selection for appointment to post by direct recruitment.—Not Applicable.
16.
Reservation.—The appointment to the service shall be subject to orders regarding
reservation in the service for Scheduled Caste/Scheduled Tribes/Other Backwards Classes/other
categories of persons issued by the Himachal Pradesh Government from time to time.
17.
Departmental Examination.— Every member of the service shall pass a
departmental examination as prescribed in the H.P. Departmental Examination Rules, 1997, as
amended from time to time.
18.
Powers to relax.—Where the State Government is of the opinion that it is necessary
or expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with
the Himachal Pradesh Public Service Commission relax any of the provision(s) of these Rules with
respect to any Class or Category of person(s) or post(s).
6778
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
LokLF; ,oa ifjokj dY;k.k foHkkx
vf/klwpuk
f”keyk&171002] 3 uoEcj] 2011
la[;k LokLF;&,&,¼3½&26@2011-&&fgekpy izns”k dh jkT;iky] Hkkjr ds lafo/kku ds vuqPNsn
309 ds ijUrqd }kjk iznRr “kfDr;ksa dk iz;ksx djrs gq,] fgekpy izns”k yksd lsok vk;ksx ds ijke”kZ l]s
fgekpy izns”k LokLF; ,oa ifjokj dY;k.k foHkkx esa] lgk;d eysfj;k vf/kdkjh] oxZ&III- ¼vjktif=r½ ds
in ds fy, bl vf/klwpuk ls layXu mikcU/k "d" ds vuqlkj HkrhZ vkSj izksUufr fu;e cukrh gaS] vFkkZr~%&
1- laf{kIr uke vkSj izkjEHk-&&¼1½ bu fu;eksa dk laf{kIr uke] fgekpy izns”k] LokLF; ,oa ifjokj
dY;k.k foHkkx] lgk;d eysfj;k vf/kdkjh] oxZ& III-¼vjktif=r½ HkrhZ vkSj izksUufr fu;e] 2011 gSA
¼2½ ;s fu;e jkti=] fgekpy izns”k esa izdk”ku dh rkjh[k ls izo`Rr gksaxsA
2- fujlu vkSj O;ko`fÙk;ka-&&¼1½ bl foHkkx dh vf/klwpuk l[a ;k LokLF;&,&,¼3½&17@1996
rkjh[k 22&9&1999 }kjk vf/klwfpr fgekpy izns”k LokLF; ,oa ifjokj dY;k.k foHkkx lgk;d eysfj;k
vf/kdkjh] oxZ&III-¼vjktif=r½ HkrhZ vkSj izksUufr fu;e] 1999 dk ,rn~ }kjk fujlu fd;k tkrk gS A
¼2½ ,sls fujlu ds gksrs gq, Hkh mi;qZDr mi fu;e 2¼1½ ds v/khu bl izdkj fujflr fu;eksa ds
v/khu dh xbZ dksbZ fu;qfDr] ckr ;k dkjokbZ bu fu;eksa ds v/khu fof/kekU; :i ls dh xbZ le>h
tk,xhA
vkns'k }kjk]
glrk{kfjr@&
lfpo ¼LokLF;½A
&&&&&&
mikcU/k&ßdÞ
fgekpy izns'k] LokLF; ,oa ifjokj dY;k.k foHkkx esa lgk;d eysfj;k vf/kdkjh] oxZ&III ¼vjktif=r½ ds
in ds fy, HkrhZ vkSj izkUufr fu;e
1- Ikn dk uke-&&lgk;d eysfj;k vf/kdkjh A
2- Iknkas dh la[;k-&& 17 ¼l=g½A
3- OkxhZdj.k-&&oxZ&III ¼vjktif=r½
4- Oksrueku-&&is cS.M % 10300&34800 tek 3800 #Ik, xzsM isA
5- Pk;u in vFkok vp;u in-&&vp;u A
6- lh/kh HkrhZ ds fy, vk;q-&&ykxw ugha A
7- Lkh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, visf{kr U;wure 'kSf{kd vkSj vU; vgZrk,a-&&
¼d½ vfuok;Z vgZrk ¼,a½-&&ykxw ugha A
6779
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
¼£½ okafNr vgZrk-&&Ykkxw ugha A
8- Lkh/ks HkrhZ fd, tkus okys O;fDr;ksa ds fy, fofgr vk;q vkSj 'kfS{kd vgZrk,a izksUur O;fDr;ksa
dh n'kk esa ykxw gksxh ;k ugha-&&vk;q-&& ykxw ugha A
'kSf{kd vgZrk-&&ykxw ugha A
9- Ikfjoh{kk dh vof/k] ;fn dksbZ gks-&&% nks o"kZ] ftldk ,d o"kZ ls vuf/kd ,slh vkSj vof/k ds
fy, foLrkj fd;k tk ldsxk tSlk l{ke izkf/kdkjh fo'ks"k ifjfLFfr;ksa esa vkSj fyf[kr dkj.kksa ls vkns'k nsA
10- HkrhZ dh Ik)fr&&HkrhZ] lh/kh gksxh ;k izksUufr] izfrfu;qfDr] LFkkukUrj.k }kjk vkSj fofHkUu
Ik)fr;ksa }kjk Hkjs tkus okys inksa dh izfr'krrk-&&'krizfr'kr izksUufr }kjk A
11- IkzksUufr] izfrfu;qfDr] LFkkukUrj.k dh n'kk esa Jsf.k;k ¼a xszM½ ftuls izksUufr izfrfu;qfDr]
LFkkukUrj.k fd;k tk,xk-&&iq#’k LokLF; i;Zos{kdksa@efgyk LokLF; i;Zos{kdksa esa ls izksUufr }kjk ftudk
ikap o’kZ dk fu;fer lsokdky ;k xzsM esa dh xbZ yxkrkj rnFkZ lsok dks lfEefyr djds ikap o’kZ dk
la;qDr fu;fer lsokdky gksA
ijUrq izksUufr ds iz;kstu ds fy, izR;sd deZpkjh dks] tutkrh;@nqxZe {ks=ksa esa in ¼inksas½ dh ,sls
{ks=ksa esa Ik;kZIr la[;k dh miyC/krk ds v/;/khu] de ls de ,d dk;Zdky rd lsok djuh gksxh %
ijUrq ;g vkSj fd mi;qZDr ijUrqd ¼1½ mu deZpkfj;ksa ds ekeys esa ykxw ugha gksxk ftudh
vf/kof’kZrk ds fy, ikap o’kZ ;k mlls de dh lsok “ks’k jgh gksa %
ijUrq ;g vkSj Hkh fd mu vf/kdfj;ksa@deZpkfj;ksa dks] ftUgksausa tutkrh;@nqxeZ {ks= esa de ls
de ,d dk;Zdky rd lsok ugha dh gS] ,sls {ks= esa mlds vius laoxZ ¼dkMj½ esa loZFkk ofj’Brk ds
vuqlkj LFkkukUrj.k fd;k tk,xk A
li’Vhdj.k&I.&& mi;ZqDr ijUrqd ¼1½ ds iz;kstu ds fy, tutkrh;@nqxZe {ks=ksa esa ßdk;Zdkyß
ls lk/kkj.kr;k rhu o’kZ dh vof/k ;k iz”kklfud vis{kkvksa vkSj deZpkjh }kjk fd, x, dk;Z dks /;ku esa
j[krs gq, ,sls {ks=ksa esa rSukrh dh blls de vof/k vfHkizsr gksxh A
li’Vhdj.k&II-&&mi;ZqDr ijUrdq ds iz;kstu ds fy, tutkrh;@nqxZe {ks= fuEu izdkj ls
gksaxs%&
1- ftyk ykgkSy ,oa fLifr A
2- pEck ftyk dk ikaxh vkSj HkjekSj mi e.My A
3- jksgMw mi e.My dk MksMjk Dokj {ks= A
4- ftyk f”keyk dh jkeiqj rglhy dk iUnzg chl ijxuk] equh’k njdkyh vkSj xzke iapk;r
dk”kkiV A
5- dqYyw ftyk dk iUnzg chl ijxuk A
6- dkaxM+k ftyk ds cStukFk mi e.My dk cMk Hkaxky {ks= A
7- ftyk fdUukSj A
8- fljekSj ftyk esa mi rglhy dejkm ds dkBokM+ vkSj dksjxk iVokj o`Rr] js.kqdkth rglhy
ds HkykM+&HkykSuk vkSj lkaxuk iVokj o`Rr vkSj f”kykbZ rglhy ds dksVk ikc iVokj o`Rr A
9- e.Mh ftyk esa djlksx rglhy dk [kU;ksy&cxM+k iVokj o`Rr] ckyh pkSdh mi rglhy ds
xkMk xkslkbZa] eB;kuh] ?ku;kM]+ Fkkph] ckxh] lksexkM + vkSj [kksykuky] i)j rglhy ds
>kjokM]+ dqVx<]+ xzkeu] nsox<]+ VSªyk] jksik] dFkksx] flYg&HkMokuh] gLriqj] ?kejsM vkSj HkVs<+
iVokj o`Rr] Fkqukax rglhy ds fp;w.kh] dkyhikj] ekux<]+ Fkkp&cxM+k] mÙkjh ex: vkSj
nf{k.kh ex: iVokj oR`r vkSj lqUnjuxj rglhy dk cVokM+k iVokj o`Rr A
6780
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
¼1½ izksUufr ds lHkh ekeyksa esa] in ij fu;fer fu;qfDr ls iwoZ lEHkjd ¼iks’kd½ in ij dh xbZ
yxkrkj rnFkZ lsok];fn dksbZ gks izksUufr ds fy, bu fu;eks esa ;Fkkfofgr lsokdky ds fy,] bl 'krZ ds
v/khu jgrs gq, x.kuk esa yh tk,xh] fd lEHkjd izoxZ esa rnFkZ fu;qfDr@izksUufr] HkrhZ ,oa izksUufr fu;ek sa
ds micU/kksa ds vuqlkj p;u dh mfpr Lohdk;Z izfØ;k dks viukus ds Ik'pkr dh xbZ Fkh%
ijUrq mu lHkh ekeyksa esa] ftuesa dksbZ dfu’B O;fDr lEHkjd in esa vius dqy lsokdky ¼rnFkZ
vk/kkj ij dh xbZ rnFkZ lsok lfgr] tks fu;fer lsok@fu;qfDr ds vuqlj.k esa gks½] ds vk/kkj ij mi;qZDr
fufn’V micU/kksa ds dkj.k fopkj fd, tkus dk ik= gks tkrk gS] ogka vius&vius izoxZ@in@dkMj esa
mlls ofj"B lHkh O;fDr fopkj fd, tkus ds ik= le>s tk,axs vkSj fopkj djrs le; dfu"B O;fDr;ksa ls
Åij j[ks tk,axs %
ijUrq ;g vkSj fd mu lHkh in/kkfj;ksa dh] ftu ij izksUufr ds fy, fopkj fd;k tkuk gS] de ls
de rhu o"kZ dh U;qure vgZrk lsok ;k in ds HkrhZ vkSj izksUufr fu;eksa esa fofgr lsok] tks Hkh de gks]
gksxh%
ijUrq ;g vkS Hkh fd tgka dksbZ O;fDr iwoZxkeh ijUrqd dh vis{kkvksa ds dkj.k izksUufr fd, tkus
lEcU/kh fopkj ds fy, vik= gks tkrk gS] ogka mlls dfu"B O;fDr Hkh ,slh izksUufr ds fy, vik= le>k
tk,xk@le>s tk,axs A
Li"Vhdj.k-&& vfUre ijUrqd ds vUrxZr dfu"B in/kkjh izksUufr ds fy, vik= ugha le>k
tk,xk ;fn ofj"B vik= O;fDr HkwriwoZ lSfud gS ftls fMeksfcykbTM vkeZM QksflZl ijlksuy ¼fjtosZ'ku
vkQ osdsUlht bu fgekpy LVsV uku VSDuhdy lfoZflt½ #Yt] 1972 ds fu;e&3 ds micU/kksa ds
vUrxZr HkrhZ fd;k x;k gS vkSj buds vUrxZr ojh;rk ykHk fn, x;s gksa ;k ftls ,Dl lfoZleSu ¼fjtosZ'ku
vkQ osdsUlht bu nh fgekpy izns'k Vfs Dudy lfoZflt½ #Yt] 1985 ds fu;e&3 ds micU/kksa ds
vUrxZr HkrhZ fd;k x;k gks vkSj buds vUrxZr ojh;rk ykkHk fn, x;s gks A
1- blh izdkj LFkk;hdj.k ds lHkh ekeyks esa ,sls in ij fu;fer fu;qfDr ls iwoZ lEHkjd in ij
dh xbZ yxkrkj rnFkZ lsok] ;fn dksbZ gks] lsokdky ds fy, x.kuk esa yh tk,xh] ;fn rnFkZ
fu;qfDr@izksUufr] mfpr p;u ds Ik'pkr~ vkSj HkrhZ vkSj izksUufr fu;eksa ds micU/kksa ds vuqlkj dh xbZ Fkh %
ijUrq ;g fd mi;qZDr fufn"Z V rnFkZ lsok dks x.kuk esa ysus ds Ik'pkr~ tks LFkk;hdj.k gksxk]
mlds QyLo#Ik ikjLifjd ojh;rk vifjofrZr jgsxhA
12- ;fn foHkkxh; izksUufr Lkfefr fo|eku gks rks mldh lajpuk-&&tSlh ljdkj }kjk
le;≤ ij xfBr dh tk,A
13- HkrhZ djus esa ftu ifjfLFkfr;ksa esa fgekpy izns'k yksd lsok vk;ksx ls ijke'kZ fd;k
tk,xk&&tSlk fof/k }kjk visf{kr gks A
14- Lkh/kh HkrhZ ds fy, vfuok;Z vis{kk-&&ykxw ugha A
15- Lkh/kh HkrhZ }kjk in ij fu;qfDr ds fy, p;u-&&ykxw ugha A
16- vkj{k.k-&&lsok esa fu;qfDr] fgekpy izns'k ljdkj }kjk le;≤ ij vuqlwfpr
tkfr;ksa@vuqlwfpr tutkfr;ksa@vU; fiNM+s oxksZa vkSj vU; izoxZ ds O;fDr;kas ds fy, lsok esa vkj{k.k dh
ckcr tkjh fd, x, vkns'kksa ds v/khu gksxh A
17- foHkkxh; ijh{kk-&&Ykkxw ugha A
6781
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
18- f'kfFky djus dh 'kfDr-&&tgka jkT; ljdkj dh ;g jk; gks fd ,slk djuk vko';d ;k
lehphu gS] ogka ;g dkj.kksa dks fyf[kr esa vfHkfyf[kr djds vkSj fgekpy izns”k ykds lsok vk;ksx ds
ijke”kZ ls bu fu;eksa ds fdUgh micU/kksa dks fdlh oxZ ;k O;fDr;ksa ds izoxZ ;k inksa dh ckcr] f'kfFky dj
ldsxh A
&&&&&&&&
[Authoritative English Text of this Department Notification No. Health-A(3)-26/2011, dated
3-11-2011 As required under clause (3) of Article 348 of the Constitution of India].
HEALTH & FAMILY WELFARE DEPARTMENT
NOTIFICATION
Shimla-2, the 3rd November, 2011
No. Health-A(3)-26/2011.—In exercise of the powers conferred by proviso to Article 309
of the
Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal Pradesh
Public Service Commission, is pleased to make the Recruitment & Promotion Rules for the post of
Assistant Malaria Officer, Class III (Non-Gazetted), in the Department of Health & Family
Welfare, Himachal Pradesh as per Annexure–“A” attached to this notification, namely :-
1. Short title and commencement.—(1) These rules may be called the Himachal
Pradesh, Department of Health & Family Welfare, Assistant Malaria Officer, Class III (Non-
Gazetted), Recruitment and Promotion, Rules, 2011.
(2) These rules shall come into force from the date of publication in the Rajpatra,
Himachal Pradesh.
2. Repeal & savings.—(1) The Himachal Pradesh Department of Health & Family
Welfare, Assistant Malaria Officer, Class III (Non-Gazetted), Recruitment and Promotion, Rules,
1999 notified vide this Department Notification No. Health-AA(3)17/96, dated 22-9-1999 are
hereby repealed.
(2) Notwithstanding such repeal, any appointment made or any thing done or any action
taken under the rules so repealed under sub-rule2(1) supra shall be deemed to have been validly
made, done or taken under these Rules.
By order,
Sd/-
Secretary (Health).
_________
ANNEXURE-A
RECRUITMENT AND PROMOTION RULES FOR THE POST OF ASSISTANT
MALARIA OFFICER , (NON GAZETTED CLASS-III) IN THE DEPARTMENT OF
HEALTH AND FAMIY WELFARE H.P.
1. Name of Post.—Assistant Malaria Officer
2. Number of Posts.—17 (Seventeen)
3. Classification.—Class-III (Non Gazetted),
6782
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
4. Scale of Pay.—Pay B and Rs. 10300-34800+Rs3800 Grade Pay
5. Whether Selection Post or Non- Selection Post.—Not Selection
6. Age for direct recruitment.—Not applicable
7.
Minimum educational and other qualifications required for direct recruits.—(a)
Essential Qualification(s).—Not applicable
(b) Desirable Qualification.—Not applicable.
8.
Whether age and educational qualifications prescribed for direct recruits will
apply in the case of the promotee(s).—Age: Not applicable.
Educational-Qualification.—Not Applicable.
9.
Period of probation, if any.—Two years’ subject to such further extension for a
Period not exceeding one year as may be ordered by the competent authority in special
circumstances and reasons to be recorded in writing.
10. Method of recruitment, whether by direct recruitment or by promotion,
deputation, transfer and the percentage of posts to be filled in by various methods.—100% by
promotion.
11. In case of recruitment by promotion, deputation, transfer, grades from which
promotion/deputation transfer is to be made.—By promotion from amongst the Male Health
Supervisors/Female Health Supervisors who possess 05 years regular service or regular combined
with continuous adhoc service rendered, if any, in the grade.
Provided that for the purpose of promotion every employee shall have to serve at least one
term in the Tribal/Difficult areas subject to adequate number of post(s) available in such area:
Provided further that the proviso(I) supra shall not be applicable in the case of those
employees who have five years or less service, left for superannuation.
Provided further that Officers/Officials who have not served atleast one tenure in
Tribal/difficult area shall be transferred to such area strictly in accordance with his/her seniority in
the respective cadre.
Explanation I.—For the purpose of proviso I supra the “term” in Tribal/Difficult areas
shall mean normally three years or less period of posting in such areas keeping in view the
administrative requirements and performance of the employee.
Explanation II.—For the purpose of proviso I supra the Tribal/Difficult Areas shall be as
under :
1.
District Lahaul Spiti
2.
Pangi and Bharmour Sub Division of Chamba District.
3.
Dodra Kawar Area of Rohru Sub-Division.
4.
Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram
Panchayats of Rampur Tehsil of District Shimla.
5. Pandrah Bis Pargana of Kullu District
6783
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
6.
Bara Bhangal Area of Baijnath Sub Division of Kangra District.
7.
District Kinnaur.
8. Kathwar and Karga Patwar Circles of Kamrau Sub Tehsil, Bhaladh Bhalona and
Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai
Tehsil, in Sirmour District.
9.
Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar,
Thachi, Baggi, Somgad and Kholanal of Bali Chowki Sub Tehsil, Jharwar, Kutgarh,
Graman, Devgarh, Trailla, Ropa, Kathog, Silla-Badhwani, Hastpur, Ghamrehar and
Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra,
North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar
Circle of Sunder Nagar Tehsil in Mandi District.
(I) In all cases of promotion, the continuous adhoc service rendered in the feeder post, if
any, prior to regular appointment to the post shall be taken into account towards the length of
service as prescribed in these Rules for promotion subject to the condition that the adhoc
appointment/ promotion in the feeder category had been made after following proper acceptable
process of selection in accordance with the provisions of R&P Rules;
Provided that in all cases where a junior person becomes eligible for consideration by virtue
of his/her total length of service (including the service rendered on adhoc basis, followed by regular
service/ appointment) in the feeder post in view of the provision referred to above, all persons
senior to him/ her in the respective category/ post/ cadre shall be deemed to be eligible for
consideration and placed above the junior person in the field of consideration;
Provided further that all incumbents to be considered for promotion shall possess the
minimum qualifying service of at least three years’ or that prescribed in the R&P Rules for the post,
whichever is less;
Provided further that where a person becomes ineligible to be considered for promotion on
account of the requirements of the preceding proviso, the person(s) junior to him/ her shall also be
deemed to be ineligible for consideration for such promotion;
Explanation.—The last proviso shall not render the junior incumbent(s) ineligible for
consideration for promotion if the senior ineligible person(s) happened to be Ex-Serviceman
recruited under the provisions of Rule-3 of the Demobilized Armed Forces Personnel (Reservation
of vacancies in the Himachal State Non-Technical Service) Rules, 1972 and having been given the
benefit of seniority there-under or recruited under the provisions of Rule-3 of the Ex-Serviceman
(Reservation of vacancies in Himachal Pradesh Technical Services) Rules, 1985 and having given
the benefit of seniority there-under .
(2) Similarly, in all cases of confirmation adhoc service rendered on the feeder post, if
any, prior to the regular appointment/ promotion against such post shall be taken into account
towards the length of service, if the adhoc appointment/ promotion had been made after proper
selection and in accordance with the provision of the R&P Rules.
Provided that inter-se-seniority as a result of confirmation after taking into account, adhoc
service rendered as referred to above shall remain unchanged.
12. If a Departmental Promotion Committee exists, what is its composition.—As may
be constituted by the government from time to time.
6784
jkti=] fgekpy izns'k] 16 ekpZ] 2012@26 QkYxqu] 1933
13. Circumstances under which the H.P.P.S.C. is to be consulted in making
recruitment.—As required under the law.
14. Essential requirement for direct recruitment.—Not applicable.
15. Selection for appointment to post by direct recruitment.—Not applicable.
16 . Reservation.—The appointment to the service shall be subject to orders regarding
reservation in the service for Scheduled Castes / Scheduled Tribes / Others Backward Classes/
other categories of persons issued by the Himachal Pradesh Government from time to time.
17. Departmental Examination.—Not Applicable.
18. Powers to Relax.—Where the State Government is of the opinion that it is necessary
or expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with
the Himachal Pradesh Public Service Commission, relax any of the provisions of these Rules with
respect to any class or category of person(s) or post(s).
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