jkti=] fgekpy izns'k

fgekpy izns'k jkT; 'kklu }kjk izdkf'kr

f”keyk] ohjokj 5 viSzy] 2012@16 pS=] 1934

fgekpy izns'k ljdkj

LokLF; ,oa ifjokj dY;k.k foHkkx

vf/klwpuk

f”keyk&2] 4 tuojh] 2012

la[;k% ,p-,Q-MCY;w&ch¼,½2&2@2001–loose.—fgekpy izns”k fpfdRlk ifj’kn~ vf/kfu;e] 2003

dh /kkjk 31 ds micU/kksa ds v/khu ;Fkk visf{kr] fgekpy izns”k fpfdRlk ifj"kn~ ¼lk/kkj.k½] fu;e] 2007 dk

izk:i] blls lEHkkO; izHkkfor gksus okys O;fDr;ksa ls] blds izdk”ku dh rkjh[k ls rhl fnu dh vof/k ds

Hkhrj vk{ksi@lq>ko vkeaf=r djus ds fy, rkjh[k 19-9-2007 ds jkti=] fgekpy izns”k ¼vklk/kkj.k½] esa

lela[;d vf/klwpuk rkjh[k 16-8-2007 }kjk izdkf”kr fd;k x;k Fkk (

vkSj fu;r vof/k ds Hkhrj mDr izk:i fu;eksa dh ckcr tu lk/kkj.k ls dksbZ vk{ksi@lq>ko izkIr

ugha gq, gSa (

vr% fgekpy izns”k dh jkT;iky] fgekpy izns”k fpfdRlk ifj’kn~ vf/kfu;e] 2003 dh /kkjk 31

}kjk iznRr “kfDr;ksa dk iz;ksx djrs gq, fuEufyf[kr fu;e cukrh gS( vFkkZr %&

4&jkti=@2012&5&4&2012

¼79½

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

^^izk:i fu;e**

Hkkx&1

izkjfEHkd

laf{kIr uke-&bu fu;eksa dk laf{kIr uke fgekpy izns”k fpfdRlk ifj’kn~ ¼lk/kkj.k½ fu;e]

2011 gSA

ifjHkk"kk,a-&¼1½ bu fu;eksa esa] tc rd fd dksbZ ckr fo"k; ;k lUnHkZ esa fo:) u gks]&

¼d½ ^^vf/kfu;e ls fgekpy izns”k fpfdRlk ifj"kn~ vf/kfu;e] 2003 ¼2003 dk 16½

vfHkizsr gS (

¼[k½ ^^ifjf”k"V** ls bu fu;eksa ls layXu ifjf”k"V vfHkizsr gS (

¼x½

^^f”kdk;rdrkZ ¼^^ifjoknh**½ ls dksbZ O;fDr tks vf/kfu;e ds v/khu f”kdk;r

¼ifjokn½ djrk gS] vfHkizsr gS

¼?k½ f”kdk;r ¼ifjokn½ ls /kkjk 7 ds v/khu fpfdRlk O;olk;h }kjk mixr fdlh

fujgZrk dh ckcr ifjoknh }kjk jftLVªkj ;k v/;{k dks fyf[kr esa lEcksf/kr dksbZ

vfHkdFku vfHkizsr gS (

¼³½ ^^iz:i** ls bu fu;eksa ls layXu iz:i vfHkizsr gS (

¼p½ *O;fDr^ ds varxZr dksbZ dEiuh ;k fuxfer fudk; ;k laxe ;k O;f"V;ksa dk

fudk;] pkgs fuxfer gks ;k ugha ;k d`f=e fof|d O;fDr lfEefyr gksxk (

¼N½ ^fofgr Qhl* ls fgekpy izns”k fpfdRlk ifj"kn ¼Qhl½ fu;e~] 2011 ds v/khu ;k

vf/kfu;e ds vU; micU/kksa ds v/khu jkT; ljdkj }kjk fofgr Qhl vfHkizsr gS (

¼t½ ^^/kkjk** ls vf/kfu;e dh /kkjk vfHkizsr gS ( vkSj

¼>½ ^^jkT; ljdkjß ls fgekpy izns”k ljdkj vfHkizsr gSA

¼2½

leLr vU; 'kCnksa vkSj inksa ds] tks blesa iz;qDr gS fdUrq bu fu;eksa esa ifjHkkf"kr ugha gS]

ogh vFkZ gksaxs tks vf/kfu;e esa muds gSA

Hkkx&2

ifj"kn dk eq[;ky;] fuxe eqnzk] ¼dkjiksjsV lhy½ lnL;ksa dh fu;qfDr vkSj dkjckj lapkyu

eq[;ky;-&ifj"kn~ dk dk;kZy; f”keyk ds bfUnjk xka/kh fpfdRlk egkfo|ky; vkSj

vLirky esa ;k ,sls vU; LFkku ij tSlk fd ljdkj fu;r djs] fLFkr gksxkA

fuxe eqnzk-&¼1½ ifj"kn~ dh lkekU; eqnzk dks nks fHkUu&fHkUu rkyksa okys fdlh fMCcs esa j[kk

tk,xkA vkSj ftlds ,d rkys dh pkch v/;{k dh vfHkj{kk vkSj nwljs rkys dh pkch jftLVªkj dh vfHkj{kk

esa jgsxhA

¼2½

izR;sd jftLVªhdj.k izek.k i=] tks fd bu fu;eksa ds v/khu tkjh fd;k x;k gS] vkSj ,sls

vU; nLrkostksa ftUgsa ifj"kn~] ;k tc ifj"kn~ vklhu u gks rks dk;Zdkjh lfefr fufnZ"V djsA dks eqnzkafdr

fd;k tk,xk ijUrq mDr lfefr }kjk] bldk mi;ksx ,sls dk;ksZa rd gh lhfer jgsxk tSlk fd ifj"kn~

}kjk] bldks izR;k;ksftr dh xbZ 'kfDr;ksa dks izHkkoh cukus ds fy;s vko”;d gksA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

lnL;ksa dk jftLVj-&iz:i&1 esa ,d ogh ¼iqLrd j[kh tk,xh] ftlesa ifj"kn~ ds lnL;ksa

ds uke] fuokZpd e.My ftldk os izfrfuf/kRo djrs gSa( izR;sd lnL; dh fu;qfDr dh rkjh[k] dk;Zdky

ftlds fy, og fuokZfpr@ukeakfdr fd;k x;k gS vkSj e`R;q dh rkjh[k izR;sd lnL; ds R;kxi«k ;k

lsokfuo`fr dh rkjh[k vUrfnZ"V gksxh vkSj ,slh ogh dk j[k j[kko fu;fer :i ls fd;k tk,xk rkfd ml

vof/k dks nf”kZr fd;k tk, ftlesa izR;sd fudk; ftls fu;qfDr dh 'kfDr gks] ubZ fu;qfDr djus gsrq

vxzlj gks lds rFkk jkT; ljdkj }kjk fu;qDr lnL;ksa dh ckor oSlh gh fof”kf"V;ksa dks j[kk tk,xkA

cSBdsa djuk-&¼1½ ifj"kn~ ,d dyS.Mj o"kZ esa] ,slh rkjh[k] le; vkSj LFkku ij tSlk

v/;{k }kjk fu;r fd;k tk,] de ls de nks ckj cSBd djsxh ijUrq ;g fd v/;{k %

¼d½ ifj"kn~ ds /;ku gsrq visf{kr fdlh vko”;d dkjckj dks fuiVkus ds fy, fdlh Hkh le;

10 fnu iw.kZ dk uksfVl nsrs gq, fo”ks’k cSBd cqyk ldsxk( vkSj

¼[k½ cSBd ds iz;kstu vkSj vf/kfu;e ds micU/kksa ds v/khu ifj"kn~ }kjk fd, tkus okys dkjckj

dk fooj.k nsrs gq, ;fn og de ls de 1@3 ¼,d frgkbZ½ lnL;ksa }kjk gLrk{kfjr

fyf[kr esa uksfVl izkIr djrk gS rks 15 fnu dk uksfVl nsdj fo”ks"k cSBd cqyk,xkA

¼2½

;fn ifj"kn~ ladYi }kjk dksbZ vU; dkjckj laO;og`r djus gsrq lger u gks rks v/;{k

}kjk cqykbZ xbZ fo”ks"k cSBd esa dsoy ogh dkjckj laO;og`r fd, tk,axs] ftlds fy, cSBd cqykbZ xbZ gSA

cSBd cqykus ds fy, uksfVl-&¼1½ leLr lnL;ksa dks jftLVªkj }kjk lk/kkj.k cSBd ds fy,

30 iw.kZ fnu dk uksfVl vkSj fo”ks"k cSBd ds fy, 15 fnu dk uksfVl fn;k tk,xkA izR;sd uksfVl dh

cSBd dh rkjh[k] le;] LFkku vkSj dk;Z lwph fofufnZ"V djsxk rFkk bls ifj"kn~ ds dk;kZy; dks Hkh Mkd

}kjk Hkstk tk,xkA

¼2½

dksbZ lnL;] tks fdlh dkjckj ds laO;ogkj gsrw lfEefyr djus ds fy, tks dk;Zlwph esa

lfEefyr u gks ;fn dksbZ izLrko ykuk pkgrk gks rks cSBd ds fy, fu;r dh xbZ rkjh[k ls iwoZ 20 iw.kZ

fnu ls vU;wu dk uksfVl jftLVªkj dks nsxkA

¼3½

jftLVªkj fo”ks"k cSBd ds fy, fu;r rkjh[k ls de ls de 10 iw.kZ fnu ls vU;wu mDr

cSBd esa laO;og`r fd, tkus okys dkjckj dks n”kkZrs gq, cSBd ds uksfVl ds lkFk iw.kZ dk;Zlwph dkxt i=

¼,ts.Mk isij½ tkjh djsxkA

¼4½

dksbZ lnL; tks dk;Zlwph esa lfEefyr fdlh en ds la”kks/ku gsrq izLrko ykuk pkgrk gS rks

cSBd ds fy, fu;r rkjh[k ls 3 iw.kZ fnu ls vU;wu iwoZ jftLVªkj dks uksfVl nsxkA

¼5½

jftLVªkj] ;fn le; vuqKkr djs leLr la”kks/kuksa] ftudh ckor mi&fu;e ¼5½ ds v/khu

uksfVl fn;k x;k gS] dh lwph izR;sd lnL; ds mi;ksx gsrq miyC/k djok,xk ijUrq v/;{k] ;fn ifj"kn

lger gks] bl rF; ds gksrs gq, Hkh fd uksfVl cgqr nsj ls izkIr fd;k x;k Fkk] uksfVl dks cSBd esa ppkZ

gsrw vuqKkr dj ldrk gSA

¼6½

v/;{k vkSj jftLVªkj ppkZ djsaxs vkSj fofu”p; djsaxs fd ,sls uksfVl@izLrko dks dk;Zlwph

esa lfEefyr fd;k tkuk gS ;k ugha rFkk tgka ,sls uksfVl@izLrko dks vuqKkr fd;k x;k gks] ogka

uksfVl@izLRkko Hkstus okys lnL; dks ,slk djus ds fy, dkj.k lalwfpr fd, tk,axs A

izLrko dh vLohdk;Zrk-&¼1½ dksbZ izLrko Lohdk;Z ugha gksxk &

¼d½ ;fn og fo"k;] ftlls ;g lEcfU/kr gS] ifj"kn~ ds d`R;ksa dh ifjf/k ds Hkhrj ugha

gSA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

¼[k½ ;fn mlh iz”u dks] ftls ml cSBd dh rkjh[k ls ,d o"kZ ds Hkhrj ftlesa bls

izLrkfor djus gsrq :ijs[kk rS;kj dh xbZ gS ifj"kn~ dh btktr ls izLrko ;k

la”kks/ku ds :i esa izLrkfor fd;k x;k gS ;k okfil fy;k x;k gS] lkjr% ugha

mBk;k x;k gS (

ijUrq ,slk izLrko bl iz;kstu gsrq vk;ksftr ifj"kn~ dh fo”ks"k cSBd esa ifj"kn~ ds

de ls de nks frgkbZ lnL;ksa dh v/;is{kk ij Lohd`r ¼xzg.k½ fd;k tk ldrk gS%

ijUrq ;g vkSj fd bu fu;eksa dh dksbZ Hkh ckr jkT; ljdkj }kjk vf/kfu;e ds

v/khu vius fdUgha d`R;ksa dk iz;ksx djrs gq,] ifj’kn~ dks fufnZ"V fd, x, fdlh

ekeys ij vkxkeh ppkZ fuf"k) ugha djsxhA

¼x½

tc rd bls Li"Vr% vkSj izferr% O;Dr ugha fd;k x;k gks vkSj lkjr% ,d

fuf”pr fook|d mBkrk gks] vkSj

¼?k½ ;fn blesa vuqeku O;axksfDr vfHkO;atuk ;k viekutud dFku varfoZ"V gSA

¼2½

v/;{k fdlh izLrko dks tks mldh jk; esa mi fu;e ¼1½ ds v/khu vLohdk;Z gS] vuuqKkr

dj ldsxkA

ijUrq ;fn izLrko la”kks/ku }kjk Lohdk;Z cu ldrk gS rks] v/;{k bls la”kksf/kr :i esa Lohdkj dj

ldsxkA

¼3½

tc v/;{k fdlh izLrko dks vuqKkr ;k la”kksf/kr djrk gS rks jftLVªkj] izLrko dk uksfVl

nsus okys lnL; dks] ;FkkfLFkfr] vLohd`fr ds vkns”k ;k ml Lo:i ds ckjs esa] ftlesa izLrko Lohd`r fd;k

x;k gS] lwfpr djsxkA

cSBd esa gkftjh-&izR;sd cSBd esa] ,d gkftjh jftLVj] csBd d{k esa j[kk tk,xk vkSj

izR;sd mifLFkr lnL; jftLVj esa vius uke ds lkeus gLrk{kj djsxkA

10-

v/;{k vkSj cSBd dh x.kiwfrZ-&¼1½ ifj"kn dh izR;sd cSBd dh v/;{krk] v/;{k }kjk ;k

;fn og vuqifLFkr gS rks mik/;{k }kjk ;k] v/;{k vkSj mik/;{k nksuksa vuqifLFkr gS rks lnL;ksa }kjk mu esa

ls fuokZfpr ihBklhu vf/kdkjh }kjk dh tk,xhA

¼2½

v/;{k dks fufnZ"V leLr funsZ”k rRle; cSBd dh v/;{krk djus okys O;fDr dks fufnZ"V

djrs gq, i<+s tk,axsA

¼3½

v/;{k lfgr] cSBd esa mifLFkr ifj"kn~ ds vkB lnL;ksa ls x.kiwfrZ gksxh%

ijUrq x.kiwfrZ u gksus ds dkj.k cSBd LFkfxr gksus dh n”kk esa] mlh fook|d ij vk;ksftr vxyh

cSBd esa dksbZ x.kiwfrZ visf{kr ugha gksxhA

11-

x.kiwfrZ ds vHkko esa cSBd dk LFkxu-&;fn cSBd ds fy, fu;r le; ij x.kiwfrZ ugha

gksrh gS cSBd rc rd izkjEHk ugha gksxh tc rd fd x.kiwfrZ ugha gks tkrh vkSj ;fn cSBd ds fy, fu;r

le; ls 30 feuV ds volku ij ;k fdlh cSBd ds nkSjku x.kiwfrZ ugha gksrh rks cSBd Hkfo’; esa ,sls

le; vkSj rkjh[k ds fy, LFkfxr gks tk,xh tSlh v/;{k fu;r djsaA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

12-

ernku }kjk fofu”p;-&¼1½ ifj"kn~ }kjk cSBd esa ppkZ fd, tkus vkSj fofuf”pr fd, tkus

gsrq izR;sd ekeyk fdlh lnL; }kjk izLrko ds :i esa izLrqr fd;k tk,xk vkSj v/;{k bls ernku gsrq

ifj"kn~ dks izLrqr djsxkA

¼2½

ernku] gkFk [kM+s djds ;k foHkktu }kjk ;k eri= }kjk] tSlk v/;{k fufnZ"V djs] fd;k

tk,xk%

ijUrq ;fn rhu ;k vf/kd lnL; ,slk pkgsa vkSj bldh ekax djsa rks ernku er i= }kjk fd;k

tk,xk%

ijUrq ;g vkSj fd ;fn ernku gkFk [kM+s djds fd;k x;k gS rks foHkktu rHkh fd;k tk,xk ;fn

lnL; bldh ekax djrk gSA

¼3½

v/;{k foHkktu }kjk ernku dh i)fr vo/kkfjr djsxkA

¼4½

ernku dk ifj.kke v/;{k }kjk ?kksf"kr fd;k tk,xk vkSj og fdlh lnL; }kjk pqukSrh

fn, tkus ds fy, nk;h ugha gksxkA

¼5½

erksa dh lekurk dh n”kk esa] v/;{k dk er nwljk ;k fu.kkZ;d gksxkA

¼6½

cSBd ds nkSjku] v/;{k] fdlh Hkh le;] ppkZ esa lnL;ksa dh lgk;rk gsrq fdlh fo"k; fcUnq

ds Li"Vhdj.k ds fy, dksbZ vk{ksi dj ldsxk ;k lq>ko ;k lwpuk ns ldsxkA

13-

ifj"kn~ ds dk;Zo`r-&¼1½ ifj"kn~ dh cSBdksa dh dk;Zfof/k;ka jftLVªkj }kjk QkbZy ij

Vafdr@eqfnzr dk;Zo`r ds :i esa ifjjf{kr j[kh tk,xh ftUgsa v/;{k }kjk iqf"V ds i”pkr~ vf/kizekf.kr

fd;k tk,xkA

¼2½

izR;sd cSBd ds dk;Zo`r dh izfr;ka jftLVªkj }kjk cSBd ls 15 fnu ds Hkhrj v/;{k dks

izLrqr dh tk,axh vkSj mlds }kjk lR;kfir dh tk,xh rFkk jftLVªkj }kjk izR;sd lnL; dks ,d izfr]

cSBd ls 30 fnu ds Hkhrj Hksth tk,xhA

¼3½

cSBd ds dk;Zo`rksa esa ,sls izLrko vkSj la”kks/ku vUrfoZ"V gksaxs tks izLrkod ¼izLFkkid½ vkSj

vuqeksnd ¼leFkZd½ ds ukeksa lfgr izLrkfor vkSj vaxhd`r ¼Lohd`r½ ;k vLohd`r fd, x, gS] ijUrq fdlh

lnL; }kjk cSBd esa dh xbZ Vhdk fVIi.kh dks vfHkfyf[kr fd, fcuk gksaxsA

¼4½

;fn dk;Zo`r dh 'kq)rk dh ckor dksbZ vk{ksi jftLVªkj }kjk dk;Zo`r ds izs"k.k ls 30 fnu

ds Hkhrj izkIr gqvk gS] rks ,sls vk{ksi ;Fkk vfHkfyf[kr vkSj lR;kfir dk;Zo`r lfgr iqf"Vdj.k gsrq ifj"kn~

dh vkxkeh cSBd ds le{k j[ks tk,axsA bl cSBd esa cSBd ds dk;Zo`rksa dks 'kq)d`r djus ds flok; dksbZ

iz”u ugha mBk;k tk,xk%

ijUrq ;fn ifj"kn~ }kjk cSBd esa fy, x, fofu”p; dh ckor jftLVªkj }kjk fdlh fof”k"V cSBd ls

lEc) dk;Zo`r ds izs"k.k dh rkjh[k ls 30 fnu ds Hkhrj dksbZ vk{ksi izkIr ugha gksrk gS] rks ,slk] fofu”p;]

;fn lehphu gks] vkxkeh cSBd ds dk;Zo`r dh iqf"V ls iwoZ izHkkoh fd;k tk ldsxkA

ijUrq ;g vkSj fd v/;{k ;g fufn"V dj ldsxk fd 30 fnu dh vof/k ds volku ls iwoZ ifj"kn~

ds fofu”p; ij dkjZokbZ dh tk,A

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

¼5½

ifj"kn~ ds dk;Zo`r mudh iqf"V ds i”pkr~ ;Fkklk/; 'kh?kzrk ls “khVksa ¼dkxtksa½ esa rS;kj

fd, tk,axs vkSj mUgsa ftYn esa vUr% LFkkiuk gsrq dzekuqlkj i`"Bkafdr fd;k tk,xk] ftls LFkkbZ :i ls

ifjjf{kr fd;k tk,xkA

¼6½

ifj"kn~ ds lnL;ksa ds mi;ksx gsrq ifj"kn~ dh cSBd esa Vhdk fVIif.k;ksa vkSj ppkZvksa dh

fjiksVZ o lgh ¼”kq)½ jhfr esa j[kh tk,xhA cSBdksa dh foLr`r dk;Zokfg;ka ^xksiuh;* le>h tk,xh vkSj

dk;kZy; esa j[kh tk,xh rFkk lnL;ksa ds fujh{k.k ds fy, [kqyh gksxhA dk;Zokfg;ksa dh ,d izfr iw.kZ ;k

vkaf”kd fdlh Hkh lnL; dks tks blds fy, vkosnu djrk gks] iznr dh tk,xhA ,slh izfr ij ^xksiuh;*

fpfUgr fd;k tk,xk rFkk v/;{k }kjk fu;r jkf”k] tks izfrfyfi ¼udy½ dh ykxr ls vuf/kd gksxh] ds

lank; ij iznr dh tk,xhA can dejs esa gqbZ dk;Zokgh dh dksbZ izfr iznRr ugha dh tk,xh] ijUrq ,slh

dk;Zokfg;ksa dk fujh{k.k lnL;ksa }kjk fd;k tk ldsxkA

Hkkx&3

v/;{k vkSj mik/;{k dh “kfDr;ka vkSj drZO;

14-

v/;{k dh 'kfDr;ka vkSj drZO;-&v/;{k ,slh 'kfDr;ksa dk iz;ksx vkSj drZO;ksa dk ikyu

djsxk tks vf/kfu;e] fu;eksa vkSj ifj’kn~ ds LFkkbZ vkns”kksa ds micU/kksa esa vUrZfo’V gS og mu mÌs”;ksa]

ftlds fy, ifj"kn~ dh LFkkiuk gqbZ gS] dks vxzlj djus ds fy, ,sls dk;Z tSlk og mfpr le>s] djsxkA

15-

mik/;{k dh 'kfDr;ka vkSj drZO;-&;fn v/;{k dk in fjDr jgrk gS ;k fdlh dkj.ko”k

v/;{k vius in dh 'kfDr;ksa dk iz;ksx ;k drZO;ksa dk ikyu djus esa vleFkZ jgrk gS] rks mik/;{k] mlds

LFkku ij dk;Z djsxk vkSj v/;{k dh 'kfDr;ksa dk iz;ksx vkSj drZO;ksa dk ikyu djsxkA

Hkkx&4

dk;Zdkjh lfefr

16-

dk;Zdkjh lfefr dk xBu-&dk;Zdkjh lfefr v/;{k vkSj insu lnL; vkSj ifj"kn~ }kjk

fuokZfpr bldh izFke cSBd esa vius vki esa ls pkj lnL;ksa ls fuEu izdkj ls xfBr dh tk,xh %&

¼d½ vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼3½ ds [k.M ¼d½ ds v/khu ukefufnZ"V lnL;ksa esa

ls fuokZfpr fd;k tkus okyk ,d lnL; (

¼[k½ vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼3½ ds [k.M ¼[k½ ds v/khu fuokZfpr lnL;ksa esa

ls fuokZfpr fd;k tkus okyk ,d lnL;(

¼x½

vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼3½ ds [k.M ¼x½ ds v/khu fuokZfpr lnL;ksa esa

ls fuokZfpr fd;k tkus okyk ,d lnL;% vkSj

¼?k½ vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼3½ ds [k.M ¼?k½] ¼³½ vkSj ¼p½ ds v/khu insu

lnL;ksa es ls fuokZfpr fd;k tkus okyk lnL;A

¼2½

ifj"kn~ dk v/;{k] dk;Zdkjh lfefr dk insu v/;{k gksxkA

¼3½

jftLVªkj dk;Zdkjh lfefr dk lfpo gksxkA

17-

dk;Zdkjh lfefr ds lnL;ksa dk dk;Zdky vkSj vkdfLed fjfDr;ka Hkjus dh jhfr-&¼1½

dk;Zdkjh lfefr ds lnL;ksa dk dk;Zdky] ifj"kn~ esa mudh lnL;rk ls lgfoLrkjh ¼dks VfeZUl½ gksxkA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

¼2½

lfefr ds v/;{k ;k lnL; ds dk;Zdky esa vkdfLed fjfDr dks fuokZpu }kjk Hkjk tk,xk%

ijUrq ;g fd fdlh fuokZfpr lnL; ds dk;kZy; esa ,slh dksbZ fjfDr tks leLr lnL;ksa ds in dh

vof/k ds volku dh rkjh[k ls N% ekl ds Hkhrj gks tkrh gS] rks og Hkjh ugha tk,xhA

18-

x.kiwfrZ-&v/;{k lfgr dk;Zdkjh lfefr ds rhu lnL;ksa ls x.kiwfrZ gksxhA

19-

d`R;-&¼1½ dk;Zdkjh lfefr dks] ifj"kn~ }kjk vf/kdfFkr fl)kUrksa vkSj lk/kkj.k uhfr ds

vuqlkj vf/kfu;e vkSj fu;eksa dh :ijs[kk ds Hkhrj] ifj"kn~ ds d`R;ksa dk fuoZgu djus dh 'kfDr;ka gksxhA

¼2½

fof”k"Vr;k vkSj iwoZxkeh 'kfDr dh O;kidrk ij izfrdwy izHkko Mkys fcuk dk;Zdkjh

lfefr] fuEufyf[kr] 'kfDr;ksa] drZO;ksa vkSj d`R;ksa dk iz;ksx djsxh] vFkkZr&

¼d½ fgekpy izns”k jkT; fpfdRlk jftLVj] tks fd jftLVªkj }kjk rS;kj fd;k tk,xk] ds

izdk”ku dk v/kh{k.k djukA

¼[k½ dkjckj ¼lnL;ksa }kjk vf/klwfpr izLrkoksa vkSj la”kks/kuksa ls fHkUu½ dk elkSnk rS;kj djuk

vkSj ml ij flQkj”ksa izLrqr djuk (

¼x½

fpfdRlk O;olkf;;ksa ls ,slh lwpuk izkIr djuk tks fd vf/kfu;e dh vis{kkvksa dks lqdj

cukus esa vko”;d gks (

¼?k½ fdlh vk{ksi ftl ij ifj"kn~ dk /;ku vkdf"kZr djuk visf{kr gks] ij fopkj djuk vkSj

ml ij fjiksVZ rS;kj djuk (

¼³½ ifj"kn~ dks izLrqr vkSj dk;Zdkjh lfefr dks fufnZ"V ;kfpdkvksa dk ijh{k.k vkSj mu ij

fjiksVZ nsuk (

¼p½ vf/kfu;e dh /kkjk 14 dh mi /kkjk ¼2½ ds v/khu jftLVªkj dks vodk”k eatwj djuk (

¼N½ vf/kfu;e dh /kkjk 21 ds v/khu xfBr vuq”kklu lfefr }kjk dh xbZ fjiksVksZa@flQkfj”kksa

ij fopkj djuk (

¼t½ jftLVªhd`r fpfdRlk O;olkf;;ksa ds fo:) o`frd vkpj.k ds Hkax ds fy, f”kdk;rksa ij

fopkj djuk vkSj ml ij viuh fjiksVZ ifj"kn~ dks izLrqr djuk ( vkSj

¼>½ jftLVªhdj.k gsrq leLr vkosnuksa ij ifj"kn dks fjiksVZ djuk tks fgekpy izns”k fpfdRlk

ifj"kn~ dh vuqlwph ds vUrxZr vkrs ugha gSaA

20-

dk;Zdkjh lfefr dh cSBdsa-&¼1½ dk;Zdkjh lfefr ,slh rkjh[k] le; vkSj LFkku ij cSBd

djsxh tks v/;{k }kjk fu;r fd;k tk, A rFkkfi v/;{k ;fn mfpr le>s rks de ls de rhu lnL;ksa

}kjk fyf[kr v/;is{kk ij dk;Zdkjh lfefr dh vlk/kkj.k cSBd vYi lwpuk ij cqyk ldsxkA

¼2½

v/;{k vkSj jftLVªkj cSBd dh dk;Zlwph ¼,ts.Mk½ ij fopkj foe”kZ vkSj fofuf”pr djsaxsA

21-

cSBd dh lwpuk-&jftLVªkj dk;Zdkjh lfefr ds leLr lnL;ksa dks lk/kkj.k cSBd dh n”kk

esa lkr iw.kZ fnu dk vkSj vlk/kkj.k cSBd dh n”kk esa rhu iw.kZ fnu dk uksfVl nsxkA ftlesa cSBd dk

LFkku rkjh[k vkSj le; fofuZfn"V gksxk rFkk mlesa fd, tkus okys laO;ogkfjr dkjckj ds dFku lfgr ;g

Hkh mfYyf[kr gksxk fd cSBd lk/kkj.k cSBd gS ;k vlk/kkj.k cSBd gSA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

22-

cSBd esa mifLFkfr-&izR;sd cSBd esa ,d mifLFkfr jftLVj cSBd d{k esa j[kk tk,xk vkSj

izR;sd mifLFkr lnL; jftLVj esa vius uke ds lkeus gLrk{kj djsxkA

23-

cSBd esa dkjckj dk laO;ogkfjr fd;k tkuk-&¼1½ dk;Zdkjh lfefr dh izR;sd cSBd dh

v/;{krk v/;{k }kjk dh tk,xh vkSj ;fn og vuqifLFkr gksrk gS rks lnL;ksa esa ls pquk x;k ihBklhu

vf/kdkjh cSBd dh v/;{krk djsxkA

¼2½

lk/kkj.k vkSj vlk/kkj.k cSBd esa] ,slh cSBd cqykbZ tkus ds fy, nh xbZ lwpuk esa

fofufnZ"V ls vU;Fkk] dksbZ dkjckj laO;ogkfjr ugha fd;k tk,xkA

ijUrq ihBklhu vf/kdkjh fdlh dkjckj dks tks fd vfr vko”;d izd`fr dk gks vkSj tks cSBd dh

lwpuk esa ntZ u Fkk] ij fopkj&foe”kZ fd, tkus dh vuqKk ns ldsxkA

¼3½

dk;Zdkjh lfefr dh cSBd esa leLr iz”uksa ij] mifLFkr lnL;ksa ds cgqer }kjk fofu”p;

fd;k tk,xk vkSj erksa dh cjkcjh dh n”kk esa ihBklhu vf/kdkjh dk nwljk vkSj fu.kkZ;d er gksxkA

24-

ifjpkyu }kjk fofu”p;-&¼1½ tc ekeyk bruk vko”;d gks fd blds fofu”p; dh

izfr{kk dk;Zdkjh lfefr dh vkxkeh cSBd rd u dh tk ldrh gks] rks bldk fofu”p;] dk;Zdkjh lfefr

ds leLr lnL;ksa dks ifjpkyu }kjk fd;k tk,xkA

¼2½

tc ekeyk bruk vko”;d gks fd dk;Zdkjh lfefr ds lnL;ksa dks ifjpkyu }kjk funsZ”k

Hkh blds mís”; dks foQy dj jgk gks] rc v/;{k ifj"kn~ dh 'kfDr;ksa dk iz;ksx dj ldsxkA

ijUrq ,sls ekeyksa esa] v/;{k }kjk dh xbZ dk;ZokbZ dks dk;Zdkjh lfefr }kjk bldh vxyh cSBd esa

vuqlefFkZr fd;k tkuk visf{kr gksxkA

25-

dk;Zdkjh lfefr ds lnL; ls fHkUu fdlh lnL; dk Hkkx ysuk-&v/;{k] ifj"kn~ ds fdlh

lnL; dks] tks dk;Zdkjh lfefr dk lnL; u gks] dk;Zlwph ¼,ts.Mk½ dh fdlh fof”k"V en ds fy,]

dk;Zdkjh lfefr dks fdlh cSBd esa mifLFkr gksus ds fy, vkeaf=r dj ldsxkA ,slk vkefU=r dksbZ lnL;

ml en ls lEcfU/kr fopkj foe”kZ] ppkZ esa Hkkx ysus ds fy, LorU= gksxk ijUrq mls er nsus dk vf/kdkj

ugha gksxkA

26-

cSBdksa ds dk;Zo`r-&¼1½ izR;sd cSBd ds dk;Zo`r dh izfr jftLVªkj }kjk izk:fir dh tk,xh

vkSj vk;ksftr dh xbZ cSBd dh rkjh[k ls 10 fnuksa ds Hkhrj v/;{k dks mlds izfrgLrk{kjksa gsrq izLrqr dh

tk,xh ftlds Ik”pkr~ bu dks vk;ksftr dh xbZ cSBd dh rkjh[k ls 20 fnu ds Hkhrj] dk;Zdkjh lfefr ds

izR;sd lnL; dks Hkstk tk,xkA ;fn jftLVªkj }kjk cSBd ds dk;Zo`r ds izs"k.k dh rkjh[k ls 15 fnu ds

Hkhrj lnL;ksa ls dksbZ la”kks/ku ¼la”kqf)½@lq>ko izkIr u gks rks mlesa vfHkfyf[kr fofu”p; izHkkoh gksxkA

¼2½

dk;Zdkjh lfefr }kjk vkxkeh cSBd esa iqf"Vdj.k djus ds i”pkr~ dk;Zo`r ifj"kn~ ds

lnL;ksa dks Hksts tk,axs%

ijUrq v/;{k] ;fn vko”;d le>s] mijksDr of.kZr 15 fnu dh mDr vof/k ds volku ls iwoZ

dk;Zdkjh lfefr ds fofu”p; ij dk;Zokgh fd, tkus ¼djus½ dk funs”k ns ldsxkA

Hkkx&5

ifj’kn~ vkSj dk;Zdkjh lfefr ds lnL;ksa dks ;k=k vkSj vU; HkRrs

27-

ifj"kn~ vkSj dk;Zdkjh lfefr ds lnL;ksa dks vuqKs; ;k=k vkSj vU; HkRrs-&¼1½ ifj"kn~ ;k

dk;Zdkjh lfefr dh cSBdksa esa gkftj gksus ds fy, 'kkldh; lnL;ksa dks mUgsa ykxw fu;eksa ds micU/kksa ds

vuqlkj] ;k=k Hkrk@nSfud HkRrk lanRr fd;k tk,xkA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

¼2½

ifj"kn ds xSj ljdkjh lnL;ksa dks] jkT; ljdkj ds mPprj Js.kh ¼xzsM&1½ vf/kdkfj;ksa dks

;Fkk vuqKs;] ;k=k Hkrk vuqKkr fd;k tk,xkA

¼3½

ifj"kn~ vkSj dk;Zdkjh lfefr ds leLr xSj ljdkjh lnL; ifj"kn~ vFkok dk;Zdkjh lfefr

dh cSBd esa mifLFkr gksus ds fy, izfrfnu dsoy 500 :- ¼ikap lkS #i;s½ dh Qhl izkIr djus ds gdnkj

gksaxs tks bl fu;e ds mi fu;e~ ¼2½ ds v/khu mudks ;Fkk vuqKs; ;k=k Hkrk ds vfrfjDr] lanr dh

tk,xhA

Hkkx&6

tkapksa esa viukbZ tkus okyh izfdz;k

28-

f”kdk;rksa dk jftLVªkj dks lECkksf/kr djuk-&fdlh O;fDr ;k fudk; }kjk jftLVªhd`r

O;olk;h ij o`frd lanHkZ ¼izksQs”kuy fjLisDV½ esa dqfRlr vkpj.k dk vkjksi yxkrs gq, fyf[kr f”kdk;r

¼ifjokn½ jftLVªkj dks lEcksf/kr dh tk,xh ftlesa f”kdk;r ¼ifjokn½ ds vk/kkjksa dk fooj.k gksxk vkSj

ftlds lkFk ekeys ds rF;ksa ds lEcU/k esa ,d ;k vf/kd ?kks"k.kk,a layXu gksxhA

29-

?kks"k.kk dh fo"k; oLrq-&¼1½ izR;sd ?kks"k.kk esa ?kks"k.kkdrkZ ds fuokl&LFkku dk lgh fooj.k

fn;k tk,xk vkSj tgka ?kks"k.kk esa dfFkr rF; ?kks"k.kkdrkZ dh futh tkudkjh esa ugha gks rks lwpuk ds L=ksr

dks vkSj ?kks’k.kkdrkZ ds fo”okl ds dkj.kksa dks vkSj bldh lR;rk dks lgh :Ik esa vkSj iw.kZ :i ls

vfHkO;Dr fd;k tk,xkA

¼2½

bl fu;e ds mYya?ku esa dh xbZ ?kks"k.kk,a lk{; ds :i esa Lohd`r ugha dh tk,xhA

30-

ekufld vFkok 'kkjhfjd :i ls fu”kDr O;fDr ds jftLVªhdj.k dk fuyEcu-&¼1½ ;fn

fdlh le; 'kiFk i= }kjk lkeus yk;k tkrk gS fd vf/kfu;e ds v/khu jftLVªhd`r O;fDr ,slh lhek rd

ekufld vkSj 'kkjhfjd rkSj ij fu”kDr ¼fu;ksZX;½ gks x;k gS fd ,sls O;fDr dk yxkrj O;olk; esa cus

jguk yskd dY;k.k ds fo:) gS rks dk;Zdkjh lfefr izLrqr fd;s x, rF;ksa dh tkap dj ldsxh vkSj

jftLVªhd`r O;olk;h dks fofufnZ"V vof/k ds fy, fpfdRlk esa viuh o`fr ;k O;olk; djus ij fuyEcu

dk vkns”k ns ldsxhA

¼2½

,sls O;fDr dk jftLVªhdj.k tks fpfdRlk vk/kkj ij lsok ls lsokfuo`fr pkgrk gS] 3 o"kZ

dh vof/k ds fy, vLFkk;h rkSj ij jn~n fd;k tk,xkA

ijUrq og 3 o"kZ dh vof/k ds i”pkr~ iqu% jftLVªhd`r gks ldsxk@ldsxh] ;fn ifj"kn~ }kjk mls

O;olk; ds fy, mi;qDr ?kksf"kr dj fn;k tkrk gSA

31-

nqf"kr vkpj.k okys O;fDr }kjk jftLVªhdj.k gsrq vkosnu djuk ;k tc jftLVªhdj.k igys

ls gh vLohd`r fd;k x;k gks-&tc Hkh jftLVªkj dks ;g lwpuk izkIr gks fd fpfdRlk O;olk;h] ftlus

jftLVªhdj.k ds fy, vkosnu fd;k gS ;k ftl dk uke jftLVªhdj.k gsrq igys gh vLohd`r fd;k tk pqdk

gks] ,sls vkpj.k dk nks"kh jgk gks ftlls izFke n`";rk o`frd lanHkZ esa dqfRlr vkpj.k xfBr gksrk gks] rks

jftLVªkj ,slh lwpuk dk laf{kIr lkj cukdj v/;{k dks lwfpr djsxkA

32-

laKs; vijk/k ds fy, nks"kflf)-&tc Hkh ifj"kn~ ds dk;kZy; esa ;g lwpuk izkIr gksrh gS

fd jftLVªhd`r O;olk;h vius o`f=d vkpj.k ds lEcU/k esa laKs; vijk/k ls vkjksfir gS ;k fdlh U;kf;d

;k vU; l{ke izkf/kdkjh ds v/khu ifjfuafnr gS ;k ,sls vkpj.k dk nks"kh gS ftlls izFke n`"V;k o`frd

lUnHkZ esa dqfRlr vkpj.k xfBr gksrk gks] rks jftLVªkj ,slh lwpuk dk laf{kIr lkj cuk;sxk vkSj mls

v/;{k dks izLrqr djsxkA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

33-

'kkfLr@jftLVj ls gVk;k tkuk-&vf/kfu;e ds v/khu jftLVªhd`r izR;sd O;fDr ftls

dk;Zdkjh lfefr }kjk tkap ds Ik”pkr~ vuqfpr vkpj.k dk nks’kh ik;k x;k gks] tks ,sls O;fDr dh o`fr ;k

vkthfodk ds n`f"Vxr vuqfpr gks] rks og fuEufyf[kr 'kkfLr;ksa esa ls fdlh ,d ds fy, nk;h gksxk%&

¼d½ psrkouh ;k f/kXnaM ;k f/kXnaM vkSj psrkouh%

¼[k½ vkS"kf/k dh vk/kqfud oSKkfud iz.kkyh esa O;olk; djus ;k mlls lEcfU/kr dk;Z djus ij

fofufnZ"V vof/k ds fy, fuyacu%

¼x½

jftLVj ls mlds uke dk gVk fn;k tkukA

34-

laf{kIr lkj@f”kdk;r ij dkjZokbZ-&¼1½ tgka dksbZ f”kdk;r nkf[ky dh xbZ gS rks]

f”kdk;r dk laf{kIr lkj vkSj ekeys ls lEcfU/kr vU; leLr nLrkost jftLVªkj }kjk v/;{k dks izLrqr

fd, tk,axs] v/;{k] ;fn mfpr le>s rks jftLVªkj dks] jftLVªhd`r O;olk;h ls jftLVªhd`r i= ds ek/;e

ls Li"Vhdj.k tSlk og nsuk pkgs] ekaxus dk vuqns”k ns ldsxkA

¼2½

vkjksfir O;olk;h }kjk jftLVªkj dks fdlh Li"Vhdj.k lfgr vxszf"kr fd, x, nLrkostksa

dks dk;Zdkjh lfefr dks fufn"ZV fd;k tk,xk tks ml ij fopkj djsxh vkSj ftls vfrfjDr tkap djus

vkSj lk{; ysus rFkk ;fn vko”;d gks rks fof|d lykg ¼ijke”kZ½ ysus dh 'kfDr gksxhA

¼3½

;fn dk;Zdkjh lfefr dh ;g jk; gks fd izFken`"V;k dksbZ ekeyk ugha curk gS] rks ekeys

esa vkxs dk;Zokgh ugha gksxh vkSj jftLVªkj dk;Zdkjh lfefr ds ladYi ds ckjs esa f”kdk;rdrkZ dks lwfpr

djsxkA

¼4½

;fn dk;Zdkjh lfefr dh ;g jk; gks fd ifjfLFkfr;ka vkjksfir O;olk;h dks psrkouh i=

tkjh djuk bafxr djrh gS] rks ;g viuk fu"d"kZ ifj"kn~ dks Hkstsxh vkSj ;fn nksuksa esa ls fdlh ekeys esa

dk;Zdkjh lfefr dh ;g jk; gS fd ekeyk ,slk gS ftlesa fd tkap dh tkuh pkfg, rks v/;{k jftLVªkj

dks dk;Zdkjh lfefr }kjk tkap lafLFkr djus] ekeys dh lquokbZ djus vkSj vo/kkfjr djus ds fy, ix

mBkus gsrq funs”k ns ldsxkA

¼5½

vipkjh jftLVªhd`r O;olk;h ds fo:) f”kdk;r ij fofu”p; N% ekl dh le; lhek ds

Hkhrj fd;k tk,xkA

35-

dk;Zdkjh lfefr }kjk tkap dh lwpuk ¼uksfVl½-&¼1½ vf/kfu;e dh /kkjk 22 dh mi&/kkjk

¼1½ ds v/khu lapkfyr dh tkus okyh dksbZ tkap] dk;Zdkjh lfefr ds lfpo }kjk] dk;Zdkjh lfefr dh

vksj ls fyf[kr esa] vkjksfir jftLVªhd`r O;olk;h dks lacksf/kr djds lwpuk ¼uksfVl½ tkjh djrs gq, vkjEHk

dh tk,xhA

¼2½

mi;qZDr mi&fu;e ¼1½ ds v/khu tkjh dh xbZ lwpuk ¼uksfVl½ esa vkjksi dh izd`fr vkSj

fof”kf"V;ksa dks fofuZfn"V gksxh vkSj vkjksfir O;olk;h dks] ml fnu ds ckjs esa] ftl fnu dk;Zdkjh lfefr

mlds ekeys esa dkjZokbZ djus dk vk”k; j[krh gS lwpuk nsxk vkSj mlesa mlls] mDr fnu dks] dk;Zdkjh

lfefr ds le{k gkftj gksus vkSj fyf[kr vkjksi dk mRrj nsus dh vis{kk dh tk,xhA

¼3½

lwpuk ¼uksfVl½ iz:i&11 esa ,slh QsjQkj ds lkFk] tSlh ifjfLFkfr;ka vis{kk djs] nh tk,xh

vkSj tkap dh rkjh[k ls rhu lIrkg iwoZ Hksth tk,xhA

36-

vkjksfir jftLVªhd`r O;olkf;;ksa dks nLrkostksa dk iznk;-&¼1½ izR;sd ekeyk ftlesa

dk;Zdkjh lfefr ;g ladYi djrh gS fd tkap lafLFkr dh tkuh visf{kr gS vkSj rnuqlkj tkap gsrq lwpuk

¼uksfVl½ tkjh dh xbZ gS] ifjoknh] ;fn dksbZ gks] vkSj vjksfir jftLVªhd`r O;olk;h] ;FkkfLFkfr viuh

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

izfrj{kk ¼izfrokn½ ;k izR;qrj ¼mRrj½ ds iz;kstu gsrq vkSj vius gLrk{kj ls] fyf[kr esa] ml iz;kstu ds

fy, izkFkZuk ij fdlh ?kks"k.kk dh ,d izfr] Li"Vhdj.k ;k mRrj ;k dk;Zdkjh lfefr dks vU; i{kdkj ds

fy,@dh vksj ls fn;s ;k Hksts x;s vU; nLrkost ftls ,slk vU; i{kdkj mfpr lcwr ij lquokbZ esa tkap

ds uksfVl esa fofufnZ"V vkjksi ds leFkZu esa ;k mRrj esa lk{; ds fy, mi;ksx djus ds fy, gdnkj gksxk]

jftLVªkj }kjk iznRr fd, tkus ds fy, gdnkj gksxkA

¼2½

vkjksfir jftLVªhd`r O;olk;h }kjk lwpuk ¼uksfVl½ dks tkjh djus dh rkjh[k vkSj vkjksi

dh lquokbZ gsrq fu;r fnu ds chp] vxzsf"kr fd;k x;k dksbZ izR;qrj ¼mRrj½] lk{; ;k dFku ;k fd;k x;k

vkosnu] dk;Zdkjh lfefr ds v/;{k }kjk] ,slh jhfr esa] ftls og Lo;a ;k fof|d lykg ds v/khu mfpr

le>s] fuiVk;k tk,xkA

¼3½

leLr egRoiw.kZ nLrkost ftUgsa ekeys dh ckor dk;Zdkjh lfefr ds le{k lk{; ds :i

esa j[kk tkuk gS] Vafdr fd, tk,axs vkSj mudh ,d izfr izR;sd i{kdkj dks ekeys dh lquokbZ ls iwoZ nh

tk,xhA

37-

f”kdk;rdrkZ ¼ifjoknh½ ds gkftj gksus dh n”kk esa izfdz;k-&¼1½ tgka f”kdk;rdrkZ

¼ifjoknh½ O;fDrxr :i ls ;k fof/k O;olk;h ls fHkUu] vius izfrfuf/k ds ek/;e ls gkftj gksrk gS ogka

fuEufyf[kr izfØ;k viukbZ tk,xh%&

¼d½

jftLVkj] dk;Zdkjh lfefr ds lfpo ds :i esa] dk;Zdkjh lfefr ds le{k vkjksfir

jftLVªhd`r O;olk;h dks lEcksf/kr tkap dh lwpuk ¼uksfVl½ i<+sxk A

¼[k½ f”kdk;rdrkZ ¼ifjoknh½ dks viuk ekeyk Lo;a ;k vius izfrfuf/k ds ek/;e ls dfFkr djus

vkSj mlds leFkZu esa izek.k is”k djus ds fy, vkeaf=r fd;k tk,xkA f”kdk;rdrkZ

¼ifjoknh½ ds lcwr dh lekfIr ij mldk ekeyk cUn fd;k tk,xkA

¼x½

rRi”pkr~ vkjksfir jftLVªhd`r O;olk;h dks viuk ekeyk Lo;a ;k vius izfrfuf/k ds

ek/;e ls dfFkr djus vkSj mlds leFkZu esa lcwr is”k djus ds fy, vkefU=r fd;k

tk,xkA og dk;Zdkjh lfefr ds le{k] vius ekeys dh ckor] vius lcwr dh lekfIr ij

;k mlls igys dsoy ,d ckj cksy ldsxkA

¼?k½ dk;Zdkjh lfefr] vkjksfir jftLVªhd`r O;olk;h ds ekeys dh lekfIr ij] ;fn mDr

vkjksfir jftLVªhd`r O;olk;h us lk{; is”k fd, gks rks lk/kkj.kr;k ekeys ds mRrj esa

ifjoknh dks lqusxh] ijUrq fdlh fo”ks’k ekeys esa] ftlesa dk;Zdkjh lfefr ,sls vkSj lk{;

is”k djuk mfpr le>rh gS ds flok, dksbZ vkSj lk{; ugha lqusxhA dk;Zdkjh lfefr dh

fo”ks"k btktr ds flok,] ;fn vkjksfir jftLVªhd`r O;olk;h dksbZ lk{; is”k ugha djrk gS

rks f”kdk;rdrkZ ¼ifjoknh½ dks izR;qRrj ¼mRrj½ esa ugha lquk tk,xkA

¼³½ tgka dk;Zdkjh lfefr ds le{k fdlh i{kdkj }kjk dksbZ lk{kh is”k fd;k tkrk gS rks igys

mldh ijh{kk is”k djus okys i{kdkj }kjk dh tk,xh vkSj rRi”pkr~ foi{kh i{kdkj }kjk

izfrijh{kk dh tk,xh rFkk fQj is”k djus okys i{kdkj }kjk iqu% ijh{kk dh tk,xkh A tgka

?kks"k.kkdrkZ mifLFkr ugha gS ;k og izfrijh{kk gsrq gkftj gksus ls badkj djrk gS] ogka

dk;Zdkjh lfefr dksbZ ?kks’k.kk] lk{; xzg.k djus ls bUdkj djus dk vf/kdkj vius ikl

vkjf{kr j[ksxh A

¼p½ v/;{k] dk;Zdkjh lfefr ds insu lHkkifr ds :i esa vkSj mlds ek/;e ls dk;Zdkjh lfefr

ds lnL; Hkh fdlh lk{kh ;k i{kdkj ls iz”u dj ldsaxsA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

38-

f”kdk;rdrkZ ¼ifjoknh½ ds gkftj u gksus dh n”kk esa izfØ;k-&tgka dksbZ f”kdk;rdrkZ

¼ifjoknh½ ugha gS ;k dksbZ f”kdk;rdrkZ ¼ifjoknh½ gkftj ugha gksrk gS] ogka fuEufyf[kr izfØ;k viuk;h

tk,xh%

¼d½ jftLVªkj] dk;Zdkjh lfefr ds lfpo ds :i esa dk;Zdkjh lfefr ds le{k vkjksfir

jftLVªhd`r O;olk;h dks lEcksf/kr tkap dh lwpuk ¼uksfVl½ dks i<+sxk vkSj ekeys ds rF;ksa dk dFku

djsxk rFkk mDr lfefr ds le{k ,sls lk{; is”k djsxk] ftlds }kjk mldk leFkZu fd;k x;k gSA

¼[k½ rRi”pkr~ vkjksfir jftLVªhd`r O;olk;h dks vius ekeys dk Lo;a ;k vius izfrfuf/k ds

ek/;e ls dFku djus vkSj mlds leFkZu esa lcwr is”k djus ds fy, vkeaf=r fd;k tk,xk A og dk;Zdkjh

lfefr ds le{k vius lcwr dh lekfIr ij ;k igys] dsoy ,d ckj] cksy ldsxkA

39-

fopkj&foe”kZ lfEefyr djuk-&dk;Zdkjh lfefr] ekeys dh lquokbZ dh lekfIr ij ml

ij ,dkUr esa fopkj&foe”kZ djsxh vkSj fopkj&foe”kZ dh lekfIr ij v/;{k] dk;Zdkjh lfefr ds insu

lHkkifr ds :i esa fopkj&foe”kZ ds ifj.kke dk lkjka”k rS;kj djus ds iz;kstu ls dk;Zdkjh lfefr ls]

tSlk fd ekeys dh ifjfLFkfr;ksa dks ykxw gks] lHkkifr }kjk fd, tkus okys fuEufyf[kr ladYiksa ij ernku

djus dh vis{kk djsxk%&

¼1½

vkjksfir jftLVªhd`r O;olk;h] ftls mlds fo:) vfHkdfFkr] n.M izfdz;k lafgrk] 1973 esa

;Fkk ifjHkkf"kr] laKs; vijk/k dk fl)nks"k Bgjk;k x;k gS] dh n”kk esa%&

^^;g fd-----------------------] mlds fo:) tkap dh lwpuk ¼uksfVl½ esa ;Fkk vfHkdfFkr] n.M izfdz;k

lafgrk] 1973 esa ;Fkk ifjHkkf"kr laKs; vijk/k dk fl)nks"k lkfcr gqvk gSA**

¼2½

o`frd lUnHkZ esa dqfRlr vkpj.k ds fy, vkjksfir jftLVªhd`r O;olk;h dh n”kk esa%&

¼d½ ^^;g fd dk;Zdkjh lfefr] vc]------------------------ds fo:) tkap ds uksfVl esa vfHkdfFkr vkjksiksa

dk fofu”p; djus ds fy, vxzlj gksrh gS vkSj mUgsa lkfcr fd;k x;k gS ;k lkfcr ugha

fd;k x;k gSA**

;fn ;g ladYi ugha yk;k tkrk gS] rks ekeys dh vkxkeh lquokbZ] tSls dk;Zdkjh lfefr

fufnZ"V djs] dk;Zdkjh lfefr dh vxyh ;k Hkfo"; esa vU; fdlh cSBd rd LFkfxr jgsxh]

vkSj mldh lquokbZ Hkfo"; esa ,slh vxyh cSBd esa LFkfxr ekeys ds :i esa dh tk,xhA

;fn mDr izLrko yk;k tkrk gS] rks v/;{k }kjk dk;Zdkjh lfefr ls] lHkkifr }kjk j[ks

tkus okys fuEufyf[kr ladYi ij ernku djus ds fy,] vis{kk dh tk,xh%&

¼[k½ ^^;g fd tkap dh lwpuk ¼uksfVl½ esa--------------------------ds fo:) leLr vfHkdfFkr rF; ;k

fuEufyf[kr rF; ¼mUgsa fofuZfn’V djrs gq,½ dk;Zdkjh lfefr dks lek/kkuizn :i es lkfcr

fd, x, gSAß

;fn ;g ladYi yk;k tkrk gS rks dk;Zdkjh lfefr ;k rks ;g U;k; fu.kZ; djus ds fy, vxzlj

gks ldrh gS fd D;k vfHk;qDr jftLVªhd`r O;olk;h dks lkfcr gq, rF;ksa ij o`frd dqfRlr vkpj.k dk

nks"kh lkfcr fd;k x;k gS vkSj jftLVªkj dks mldk uke jftLVj ls gVkus dk funsZ”k nsxh ;k viuk fu.kZ;

eqYroh dj ldrh gS rFkk ekeys dks vxyh ;k Hkfo"; esa fdlh vU; cSBd rd LFkfxr dj ldrh gSA

¼3½

?kksj vijk/k ¼;k mikijk/k ;k vijk/k½ ds fl)nks’k ;k o`frd lanHkZ esa dqfRlr vkpj.k ds

vkjksfir jftLVªhd`r O;olk;h dh n”kk esa ;g fofuf”pr djus ds iz;kstu ls fd D;k dk;Zdkjh lfefr dk

lkfcr nks"kflf) ¼;k rF;ksa½ dk fu.kZ; eqYroh fd;k tk,xk vkSj v/;{k }kjk dk;Zdkjh lfefr ds insu

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

lHkkifr ds :i esa lHkkifr }kjk j[ks tkus okys fuEufyf[kr ladYi ij ernku djus ds fy, dk;Zdkjh

lfefr ls vis{kk dh tk,xh%&

¼x½

^^;g fd dk;Zdkjh lfefr vc] ----------------------------ds fo:) lkfcr nks"kflf) ¼;k rF;kas½ ij

viuk fu.kZ; lqukus ds fy, vxzlj gksrh gSA**

;fn ;g ladYi ugha yk;k tkrk gS rks dk;Zdkjh lfefr dk fu.kZ; bldh vxyh ;k Hkfo"; esa ,slh

fdlh vU; cSBd rd eqYroh gksxk] tSlk ;g fufnZ"V djsxh vkSj ekeys dks ,slh vxyh ;k Hkfo"; esa vU;

cSBd esa ,sls ekeys ds :i esa fy;k tk,xk ftl ij fu.kZ; eqYroh fd;k x;k gSA

;fn ;g ladYi yk;k tkrk gS] rks dk;Zdkjh lfefr ekeys ij rRdky viuk fu.kZ; lqukus ds fy,

vxzlj gksxh vkSj v/;{k }kjk dk;Zdkjh lfefr ds insu lHkkifr ds :i esa lHkkifr }kjk j[ks tkus okys

fuEufyf[kr ladYi ij ernku djus ds fy, blls vis{kk dh tk,xh %&

nks"kflf) dh n”kk esa%&

¼?k½ ^^fd -------------------------ds fo:) tkap dh lwpuk ¼uksfVl½ esa vfHkdfFkr ?kksj vijk/k ¼;k

mikijk/k ;k vijk/k½ dk fl)nks"k lkfcr gksus ij] jftLVªkj dks] dk;Zdkjh lfefr ds

lfpo ds :i esa jftLVj ls mldk uke gVkus ds fy, funs”k fn;k tk,A

o`frd lUnHkZ esa dqfRlr vkpj.k ls vkjksfir O;olk;h dh n”kk esa%&

¼³½ ^^;g fd dk;Zdkjh lfefr] vc] ------------------------dks o`frd lUnHkZ esa ¼dqfRlr vkpj.k dk nks"kh

U;k;fu.khZr djrh gS vkSj jftLVªkj dks]--------dk uke jftLVj ls gVkus ds fy, funs”k nsrh

gSA**

;fn] ;FkkfLFkfr] ladYi ¼?k½ ;k ¼³½ ugha yk;k tkrk gS] rks v/;{k dk;Zdkjh lfefr dk fu.kZ;

fuEufyf[kr :i esa ?kksf"kr dj ldsxkA

^^;g fd dk;Zdkjh lfefr Jh----------------------- dk uke jftLVj ls gVkus ds fy, jftLVªkj dks funs”k

nsuk mfpr ugha le>rh gSA**

40-

LFkfxr lquokbZ dk uksfVl-&¼1½ vU; l= ds fy, lquokbZ dk LFkxu ;k fu.kZ; dks eqYroh

djus dh n”kk esa] dk;Zdkjh lfefr] iqu% fopkj ds fy, vkus okys ekeys ij vkxkeh fopkj ds fy, fu;r

fnu dks vkjksfir jftLVªhd`r O;olk;h vkSj f”kdk;rdrkZ ¼ifjoknh½ ¼;fn dksbZ gks½ dks lqu ldrh gS rFkk

ifjoknh vkSj O;olk;h dks] ,sls dksbZ vkSj rF; ;k lk{;] ftUgsa os dk;Zdkjh lfefr ds le{k j[kuk pkgrs

gkas] fyf[kr :i esa jftLVªkj dks nsus ds fy, fuosnu fd;k tk,xkA

¼2½

lwpuk ¼uksfVl½ bl izdkj ls nh tk,xh fd fnu ftldks fd lwpuk ¼uksfVl½ nh xbZ gS

vkSj fu;r fnu ds e/; de ls de 28 fnu vuqKkr fd, tk ldsaA tc rd bl fu;e dh vuqikyuk esa

igys ls jftLVªkj dks mudk fooj.k ugha fn;k x;k gks] rc rd fdlh i{kdkj }kjk tkap ds fopkj ds

fy, izLrqr dksbZ vkSj rF; ;k lk{; dk;Zdkjh lfefr }kjk izkIr ugha fd, tk,axs ;k mu ij fopkj ugha

fd;k tk,xkA

41-

lquokbZ-&¼1½ dk;Zdkjh lfefr ds le{k vkxkeh fopkj ds fy, vkus okys ekeys ij

jftLVªkj] dk;Zdkjh lfefr ds lfpo ds :i esa] ;fn vko”;d gks rks dk;Zdkjh lfefr dks rF;ksa dk dFku

djsxk vkSj ekeys dh fLFkfr Li"V djsxkA vkjksfir jftLVªhd`r O;olk;h dks rRi”pkr dk;Zdkjh lfefr ds

le{k cksyus ds fy, ;k rks O;fDrxr :i ls ;k izfrfuf/k ds ek/;e ls ftldh mlus jftLVªkj dks lE;d

:i ls lwpuk ¼uksfVl½ nh gks] vkefU=r fd;k tk,xkA f”kdk;rdrkZ ¼ifjoknh½ ¼;fn dksbZ gks½ dks Hkh

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

dk;Zdkjh lfefr ds le{k ;k rks O;fDrxr :i ls ;k vius izfrfuf/k ds ek/;e ls cksyus vkSj dksbZ vkSj

lk{;] ftldh mlus lE;d :i ls lwpuk ¼uksfVl½ nh gks] mDr lfefr ds le{k j[kus ds fy, vkefU=r

djsxkA

¼2½

dk;Zdkjh lfefr] vkxkeh lquokbZ dh lekfIr ij ekeys ij ,dkar esa fopkj&foe”kZ djsxh

vkSj fopkj&foe”kZ ds i”pkr~ v/;{k] dk;Zdkjh lfefr ds insu lHkkifr ds :i esa mDr lfefr ls] mlh

ladYi ij tSls fd ewy lquokbZ ij LFkfxr ekeys rFkk ,sls ekeys] ftlesa fdlh ladYi ij] ;FkkfLFkfr]

fu;e 39 ds mifu;e ¼3½ ¼x½] ¼3½ ¼?k½ ;k ¼3½ ¼³½ ds v/khu fu.kZ; eqYroh fd;k x;k Fkk esa ernku djus

dh vis{kk djsxkA

42-

uke dks gVkus ds fy, ladYi-&¼1½ ;fn dk;Zdkjh lfefr dh jk; esa fof”k"Vr% ifj"kn~ ;k

Hkkjrh; vk;qfoZKku ifj"kn~ }kjk fofgr fdlh vkpkj lafgrk ds v/khu fpfdRlk o`fRr ds lEcU/k esa vkjksih

jftLVªhd`r O;olk;h dk vkpj.k ¼dqfRlr½ ik;k tkrk gS rks ;g vf/kfu;e dh /kkjk 22 ds micU/kksa ds

vuqlkj mDr O;olk;h dk uke jftLVj ls gVkus ds fy, lfefr ds v/;{k }kjk lHkkifr ds :i esa j[ks

x, vkSipkfjd ladYi }kjk v/;{k dks flQkfj”k dj ldrh gSA

¼2½

dk;Zdkjh lfefr }kjk /kkjk 22 ds mica/kksa ds v/khu jftLVªhd`r O;olk;h dk uke gVkus ds

fy, vkns”k ifj"kn~ }kjk iqf"V ds v/;k/khu gksxk rFkk ,slh iqf"V dh rkjh[k ls izHkkoh gksxkA

43-

uke dks gVkus dk uksfVl-&¼1½ jftLVªkj vf/kfu;e dh /kkjk 22 ds mica/kksa ds vuqlj.k esa

jftLVj ls fdlh uke ds gVkus ij rRdky ,sls gVk, tkus dk uksfVl jftLVªhd`r O;olk;h dks Hkstsxk

vkSj ,slk uksfVl mDr O;olk;h ds vfUre Kkr irs ij ;k jftLVªhd`r irs ij jftLVªhd`r i= }kjk Hkstk

tk,xkA jftLVªkj ,sls gVk, tkus dh lwpuk rRdky ladk;k/;{k ¼Mhu½ ;k lfpo ;k fudk; ;k fudk;ksa ds

leqfpr vf/kdkjh dks ftlls fd mDr O;olk;h us vgZrk ;k vgZrk,a izkIr dh gS] Hkh HkstsxkA

¼2½

dksbZ O;fDr ftldk uke bu fu;eksa ds micU/kksa ds v/khu jftLVj ls gVk fn;k x;k gS

rRdky jftLVªkj dks viuk jftLVªhdj.k izek.k i= vH;fiZr djsxk rFkk bl izdkj gVk;k x;k uke

'kkldh; jkti= esa izdkf”kr fd;k tk,xkA

44-

vuqKkiu fudk; dks lwpuk-&jftLVªkj vf/kfu;e dh /kkjk 22 ds mica/kksa ds vuqlkj ifj"kn~

ds vkns”k }kjk jftLVj ls fdlh uke ds gVk, tkus ds i”pkr ,d ekl ds Hkhrj] ml fudk; dks ftlls

O;olkf;;ksa us viuh vgrkZ,a izkIr dh gks] ,sls ukeksa dh ,d lwph Hkstsxk rFkk izR;sd vuqKkiu fudk; dk

/;ku dk;Zdkjh lfefr ds fuEufyf[kr ladYi dh vksj vkd`"V djsxk %&

^^dk;Zdkjh lfefr ;g flQkfj”k djrh gS fd dksbZ O;fDr ftldk uke ,d ckj jftLVj ls gVk;k

x;k gS vkSj mDr jftLVj esa izR;kofrZr ugha fd;k x;k gS] ifj"kn~ dks iwoZ lanHkZ ds fcuk] dksbZ ubZ

vgZrk] tks vf/kfu;e ds mica/kks ds v/khu jftLVªhd`r djus ;ksX; gS] vfHkizkIr djus ds fy, ijh{kk

esa izos”k ds fy, vuqKkr ugha fd;k tk,xkA**

Hkkx&7

jftLVj esa uke dk izR;korZu

45-

uke dks iqu% izfo"V djus dh 'kfDr-&ifj"kn~] ;fn ;g mfpr le>s] fdlh O;fDr] ftldk

uke jftLVj ls gVk fn;k x;k gS] ls vkosnu izkIr djus ij vf/kfu;e dh /kkjk 22 ds v/khu jftLVªkj dks

mldk uke jftLVj esa iqu% izfo"V djus ds fy, funsZ”k ns ldsxhA

46-

uke dh iqu% izfof"V ds fy, vkosnu-&dksbZ O;fDr] ftldk uke ifj"kn~ ds funs”k ls /kkjk

22 ds v/khu jftLVj ls gVk;k x;k gS] ijUrq tks fQj Hkh vf/kfu;e ds v/khu jftLVªhd`r fd, tkus gsrq

mls gdnkj cukus okyh vgZrk j[krk gS] vius uke dh jftLVj esa iqu% izfof"V ds fy, iz:i&3 esa ifj"kn~

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

dks vkosnu dj ldrk gS rFkk ,sls izR;sd vkosnu dh ckor fuEufyf[kr izfdz;k dk vuqlj.k fd;k

tk,xk%&

¼1½

vkosnu] fyf[kr esa] ifj"kn~ dks lEcksf/kr fd;k tk,xk vkSj vkosnd }kjk gLrk{kfjr gksxk

rFkk mu vk/kkjksa dk dFku djsxk ftu ij vkosnu fd;k x;k gSA

¼2½

vkosnu ds lkFk fuEufyf[kr layXu fd, tk,axs %&

¼d½ ekeys ds rF; miof.kZr djrs gq, vkSj ;g dFku djrs gq, fd og ewy :i ls jftLVªhd`r

O;fDr gS] vkosnd }kjk dh xbZ ?kks"k.kk ( vkSj

¼[k½ fuEufyf[kr nLrkostksa esa ls ,d%&

¼i½

vkosnd dk fMIyksekA

¼ii½

mldk ewy :i esa jftLVªhdj.k izek.k i=] ;fn mls igys gh mlds }kjk okil

ugha fd;k x;k gS A

¼iii½ mldh igpku ds ckjs esa] vf/kfu;e ds v/khu jftLVªhd`r nks O;olkf;;ksa ls

iz:i&4 esa izek.k i=A

¼3½

vkosnu esa fn, x, dFku dks vf/kfu;e ds v/khu jftLVªhd`r nks O;olkf;;ksa }kjk] tks ml

LFkku ds iMks+l ds fuoklh gksa] tgka vkosnd viuk uke gVk, tkus ds i”pkr~ ls jg jgk gS] fyf[kr esa

fn, tkus okys izek.k&i=ksa }kjk Hkh lR;kfir fd;k tk,xk rFkk os mldk orZeku esa vPNk pfj= Hkh

izekf.kr djsaxsA

¼4½

jftLVªkj] ifj"kn~ }kjk vkosnu ij fopkj djus ls iwoZ] mls mu vuqKkiu fudk;ksa] ftudh

vgrkZ,a vkosnd }kjk ml le; /kkfjr dh xbZ Fkh tc mldk uke jftLVj ls gVk;k x;k Fkk] dks

vf/klwfpr djsxk rFkk fQj og O;fDr ;k fudk; ¼;fn dksbZ gks½] ftlds ifjokn ij vkosnd dk uke

gVk;k x;k Fkk dks lEcksf/kr i= }kjk vkosnu vkSj ml le;] tc ifj"kn~ ml ij fopkj djus dk vk”k;

j[krh gS fd ckor lwpuk ¼uksfVl½ nsxkA

¼5½

ifj"kn~ vkosnu ij fopkj djsxh vkSj] ;fn ;g mfpr le>s] rks vkosnd ls vkSj lk{; ;k

Li"Vhdj.k dh vis{kk djus ds fy, bl ij fopkj Hkfo"; esa fdlh rkjh[k dks LFkfxr dj ldrh gSA

¼6½

mi fu;e ¼3½ esa fufnZ"V vkosnu vkSj izek.k&i= ,sls QsjQkj ds lkFk tks ifjfLFkfr;ksa ds

vuqlkj visf{kr gks] dze”k% iz:i&5 vkSj 6 esa gksaxsA eqfnzr iz:i jftLVªkj }kjk vius dk;kZy; esa j[ks

tk,axs vkSj og mUgsa vk”kf;r vkosnd dks iznRr djsxkA

Hkkx&8

vihysa

47-

vihysa-&¼1½ vf/kfu;e dh /kkjk 24 ds v/khu ifj"kn~ dks izLrqr izR;sd vihy jftLVªkj dks

lacksf/kr dh tk,xh vkSj mlds lkFk fgekpy izns”k fpfdRlk ifj"kn~ ¼Qhl½ fu;e] 2011 esa ;Fkk fofgr

Qhl layXu dh tk,xhA

¼2½

izR;sd vihy lE;d~ :i ls izLrqr dh xbZ le>h tk,xh] ;fn mls jftLVªhd`r Mkd }kjk

Hkstk x;k gS ;k O;fDrxr :i ls ;k vkosnd }kjk] fyf[kr esa izkf/kd`r vfHkdrkZ ds ek/;e ls ifj"kn~ ds

dk;kZy; esa ifjnRr fd;k x;k gSA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

¼3½

izR;sd vihy ds lkFk ml vkns”k dh izekf.kr izfr layXu dh tk,xh] ftlds fo:)

vihy dh xbZ gS vkSj mlesa fuEufyf[kr fof”kf"V;ka varfoZ"V gksxh%&

¼d½ vkns”k] ftlds fo:) vihy dh xbZ gSA

¼[k½ la{ksi esa] ijUrq Li"Vr% miof.kZr vihy ds vk/kkj A

¼4½

izR;sd vihy vkosnd }kjk gLrk{kfjr dh tk,xh vkSj flfoy izfdz;k lafgrk] 1908 esa

vihy ds vk/kkjksa ds lR;kiu gsrq vf/kdfFkr jhfr esa lR;kfir dh tk,xhA

48-

vihyksa dh lquokbZ ds fy, izfdz;k-&¼1½ ;fn vihy fu;e 47 esa vf/kdfFkr jhfr esa izLrqr

ugha dh tkrh gS ;k blds lkFk fofgr Qhl layXu ugha dh xbZ gS rks ;g la{ksIkr vLohd`r dh tk,xhA

¼2½

;fn vihy Lohd`r dh tkrh gS] rks ifj"kn~ vihykFkhZ dks vkSj tgka vihy vihykFkhZ ls

fHkUu fdlh O;fDr ds lEcU/k esa ikfjr] jftLVªkj ds vkns”k ds fo:) gS ogka ,sls O;fDr dks lquokbZ dk

volj nsus ds i”pkr~ fofuf”pr djsxhA ifj"kn~ dk izR;sd fofu”p; jftLVªkj dks lalwfpr fd;k tk,xk

tks mls izHkko”khy ¼izHkkoh½ djsxkA

Hkkx&9

ifj"kn~ ds ys[kksa vkSj fuf/k;ksa dk j[k&j[kko

49-

lEifRr dk izcU/ku-&jftLVªkj ifj"kn~ dh leLr lEifRr;ksa ds j[k&j[kko ds fy,

mRrjnk;h gksxk] vkSj ifj"kn~ dh taxe ¼LFkkbZ½ lEifRr dk LVkWd jftLVj j[ksxkA

50-

ifj"kn~ ds /ku dk cSad esa fu{ksi-&ifj"kn~ Hkkjrh; LVsV cSad esa [kkrk [kksysxh vkSj vf/kfu;e

dh /kkjk 13 dh mi/kkjk ¼1½ ds v/khu blds }kjk izkIr leLr /ku fu;e 51 ds mica/k ds v/;/khu cSad esa

fuf{kIr fd;k tk,xkA

51-

ifj"kn~ dh vksj ls /ku dh izkfIr-&ifj"kn~ dks lans; leLr /ku] ifj"kn~ dh vksj ls

jftLVªkj ;k mlds }kjk bl fufer fyf[kr esa izkf/kd`r ifj"kn~ ds fdlh vU; deZpkjh }kjk izkIr fd;k

tk,xk vkSj ftl fnu ;g izkIr fd;k tkrk gS mlls vxys fnu cSad esa fuf{kIr fd;k tk,xkA izkIr /ku

ds cnys esa jftLVªkj }kjk iz:i&7 esa ;Fkk fofgr iz:i esa jlhn iznku dh tk,xhA

52-

ifj"kn~ ds ys[ks dk izpkyu-&ifj"kn~ dk ys[kk jftLVªkj vkSj v/;{k }kjk la;qDr :i ls

izpfyr fd;k tk,xk ¼vkSj v/;{k dh vuqifLFkfr esa budks jftLVªkj vkSj mik/;{k }kjk izpkfyr fd;k

tk,xk½A

53-

LFkkbZ vfxze-&jftLVªkj ikap gtkj #i;s dk LFkkbZ vfxze vius ikl j[ksxkA

54-

ys[kksa dk vuqj{k.k-&ifj"kn~ dh vksj ls izkIr dh xbZ vFkok O;; fd;s x;s leLr /ku dks

iz:i&8 esa fofgr iz:i esa vuqjf{kr dh tkus okyh lk/kkj.k jksdM+ cgh esa] jftLVªkj ds izR;{k i;Zos{k.k ds

v/khu] vkSj mldh vuqifLFkfr esa mlds }kjk fyf[kr esa izkf/kd`r ifj"kn~ ds fdlh deZpkjh ds i;Zos{k.k ds

v/khu] fcuk fdlh vkj{k.k ds ifj"kn~ ds ys[kksa esa fy;k tk,xkA

55-

ys[kksa dh laijh{kk-&¼1½ ifj"kn~ ds ys[kksa dh laijh{kk] jkT; ljdkj ds foRr foHkkx ds

LFkkuh; fuf/k ys[kk ijh{kd ds }kjk izfro"kZ dh tk,xh A

¼2½

laijh{kk ds C;kSjs]& ijh{kd] ds C;kSjs ijh{kd] LFkkuh; fuf/k ys[kk] foRr foHkkx] fgekpy

izns”k ljdkj }kjk ifj"kn~ dks lalwfpr fd, tk,axs] vkSj dk;Zdkjh lfefr }kjk ml ij fopkj djus ds

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

i”pkr~] ys[kksa dh laijh{kk fjiksVZ vkSj laijhf{kr fooj.kh LokLF; ,oa ifjokj dY;k.k foHkkx dks vxzsf"kr dh

tk,xhA mlh le; laijh{kk fjiksVZ dh izfr;ka ifj"kn~ ds leLr lnL;ksa dks lwpukFkZ] ifjpkfyr ¼Hksth

tk,xh½ dh tk,xhA

56-

ys[kksa ds okkf"kZd fooj.k dh rS;kjh-&jftLVªkj izR;sd o"kZ tqykbZ ekl esa] 31 ekpZ dks

lekIr gksus okys iwoZorhZ forh; o"kZ dh vk; vkSj O;; dk fooj.k rS;kj djok,xkA vkSj ,sls ekeyksa ij tks

mls ifj"kn~ ds uksfVl esa yk;s tkus ds fy, vko”;d izrhr gks ifj"kn~ dk /;ku vkdf’kZr djsxkA

57-

izkDdyuksa dh rS;kjh-&¼1½ jftLVªkj] izR;sd o"kZ vDrwcj ekl esa ;k ,slh rkjh[k dks ftls

v/;{k fu;r djsa] vkxkeh o"kZ ds izFke vizSy ls izkjEHk gksus okys o"kZ ds fy;s ifj"kn~ dh vk; vkSj O;; dk

izkDdyu rS;kj djok,xkA vkSj mls ifj"kn~ dks izLrqr djsxkA

¼2½

izkDdyuksa esa] ifj"kn~ ds nkf;Roksa dks iwjk djus] vkSj vf/kfu;e ds micU/kksa dks

lQyrkiwoZd dk;kZfUor djus ds fy, mica/k fd, tk,axsA

¼3½

ifj"kn~ mi fu;e ¼1½ ds v/khu mls izLrqr izkDdyuksa ij fopkj djsxh vkSj bUgsa ifjorZu

ds lkFk] vkSj fcuk ifjorZu ds] tSlk mfpr le>s] eatwj dj ldsxhA

58-

vuqiwjd izkDdyuksa dh rS;kjh-&ifj"kn~] o"kZ] ds nkSjku ftlds fy, dksbZ izkDdyu eatwj

gqvk Fkk] fdlh Hkh le;] vuqiwjd izkDdyu rS;kj djok ldsxh vkSj mls izLrqr djsxhA izR;sd ,sls

vuqiwjd izkDdyu ij] ifj’kn~ }kjk] mlh jhfr esa] tSls fd ;g ewy okf"kZd izkDdyu gks] fopkj fd;k

tk,xkA dksbZ O;; tks fu;e 57 ds mifu;e ¼3½ ds v/khu eatwj ¼Lohd`r½ izkDdyuksa esa ;k vuqiwjd

izkDdyuksa esa lE;d~ :i ls micaf/kr ugha gS] mixr ugha fd;k tk,xkA

59-

fcyksa dk lank;-&deZpkjho`Un ds leLr osru fcy vkSj /ku ds nkos ds :i esa izLrqr fd;s

x, vU; ckmpj] ifj"kn~ ds ys[kkdkj }kjk izkIr vkSj ijhf{kr fd;s tk,axsA ;g lek/kku gks tkus ij fd

nkok lgh gS] fcy&

¼d½ ;fn nkok deZpkjho`Un ds osru fcy ls lEcfU/kr gS ;k ,d gtkj #i;s ls vuf/kd jde

ds fy, gS rks] jftLVªkj }kjk] vkSj ¼[k½ vU; ekeyksa esa v/;{k }kjk] ikfjr fd, tk,axsA

60-

izfrnk;-&ifj"kn~ }kjk Qhl ds ys[ks ij izkIr jde dk] fdlh Hkh ifjfLFkfr esa izfrnk; ugha

fd;k tk,xkA bl izdkj izkIr dh xbZ jde ifj"kn~ ds ys[ks esa tek jgsxhA

ijUrq ;g fd fdlh O;olk;h }kjk fofgr Qhl ls vf/kd jde lanr fd;s tkus ij] og jde

ifj’kn~ ds mpar [kkrs esa tek dh tk,xhA vkSj ;fn rhu o"kZ dh vof/k ds Hkhrj nkok fd;k tkrk gS rks

jde izfrlanr dh tk ldsxh vkSj ;fn mi;qZDr vof/k ds Hkhrj izfrnk; gsrq nkok ugha fd;k tkrk gS rks

jde ifj"kn~ ds [kkrs esa tek dj nh tk,xhA

61-

fu;eksa dk fuoZpu-&bu fu;eksa ds fdlh fuoZpu ;k Li"Vhdj.k ds ekeys esa jkT; ljdkj

dk fofu”p; vkfUre gksxk A

62-

iz”kklfud fjiksVZ-&ifj’kn~ okf’kZd iz”kklfud fjiksVZ izdkf”kr djsxh vkSj ljdkj dks

vuqeksnu gsrq Hkh Hkstsxh A

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

iz:i&1

fu;e 5 ns[ksa

ifj"kn~ ds lnL;ksa dh fof”kf"V;ka n”kkZrs gq, ogh@jftLVj

uke

irk

D;k ukefufnZ"V ;k

fuokZfpr gS ¼ftl

fuokZpd e.My dk

izfrfuf/kRo

O;ins”ku djrk gS

inkof/k

inkof/k ds izkjEHk

dh rkjh[k

lkekU; vuqdze esa rkjh[k ftl

dks inkof/k dk volku gksuk gS

;fn fu;qfDr dks LrEHk ¼6½ esa

of.kZr fu;r rkjh[k ls iwoZ

¼i;Zoflr½ lekIr fd;k x;k gS

rks iwoZrj¼iz;Zolku½ lekfIr dh

rkjh[k vkSj dkj.k

fVIif.k;ka

iz:i&2

¼fu;e 35 ns[ksa½

fgekpy izns”k fpfdRlk ifj"kn~ vf/kfu;e] 2003 dh /kkjk 22 ds v/khu tkap lEcU/kh dk;Zokfg;ksa esa gkftj

gksus ds fy, vkjksfir jftLVªhd`r O;olk;h dks lwpuk ¼uksfVl½

egksn;]

fgekpy izns”k fpfdRlk ifj"kn~ dh dk;Zdkjh lfefr dh vksj ls] esa vki dks lwpuk ¼uksfVl½ nsrk

gwW fd dk;Zdkjh lfefr ds le{k dh xbZ f”kdk;r ¼ifjokn½ vkSj fn, x;s lk{; ftlds }kjk f”kdk;rdrkZ

¼ifjoknh½ us vkids fo:) fuEufyf[kr vkjksi yxk;s gSA

vFkkZr %&1-------------------------------------------------------------------------------------------------------------

2-------------------------------------------------------------------------------------------------------------

;g lwfpr fd;k tkrk gS fd vf/kfu;e dh /kkjk 22 ds v/khu vkidh ijh{kk dh tkuh visf{kr gS

vkSj eq>s vki dks ;g lwpuk ¼uksfVl½ nsus ds fy, fufnZ"V fd;k gS fd ----------------- fnu -------------200 --- dks]

dk;Zdkjh lfefr dh cSBd -----------LFkku ij ---------- cts vkids fo:) mi;qZDr of.kZr vkjksiksa ij fopkj djus

vkSj fofu”p; djus ds fy, fd D;k mUgsa] fgekpy izns”k fpfdRlk ifj"kn~ vf/kfu;e] 2003 ¼2003 dk 16½

dh /kkjk 22 ds vuqlj.k esa] vki dk uke jftLVj ls gVk, tkus ds fy, funs”k nsuk pkfg, ;k ughaA

vki ls mi;qZDr vkjksiksa dk fyf[kr esa tckc nsus vkSj mi;qZDr of.kZr LFkku vkSj le; ij dksbZ

[k.Mu ¼izR;k[;ku½ ;k izfrj{kk ¼lQkbZ½ tks vki nsuk pkgrs gS dks lkfcr djus ds fy, dk;Zdkjh lfefr

ds le{k mifLFkr gksus dk fuosnu fd;k tkrk gS vkSj vkidks ,rn~}kjk lwfpr fd;k tkrk gS fd vki ;fn

vuqjks/k ds vuqlkj mifLFkr ugha gksrs gSa] rks dk;Zdkjh lfefr] vki Hkh vuqifLFkfr esa mDr vkjksiksa dh

lquokbZ djds vkSj fofu”p; dj ldsxhA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

vkjksiksa ds lEcU/k esa ;k mlls izfrj{kk ¼lQkbZ½ esa dksbZ tokc ;k vU; lalwpuk ;k vkosnu tks

vki nsus ¼izLrqr djus½ dh okaNk j[krs gks] v|ksgLrk{kjh dks lEcksf/kr vkSj ikjsf"kr fd, tk,axs j[krs gks]

ftlls fd] mDr ekeys dh lquokbZ ds fy, fu;r fnu ls iwoZ ------------- fnu ls vU;wu vof/k ds Hkhrj ml

rd igqap tk,A

jftLVªkj

&&&&&&&

iz:i&3

¼ fu;e 46 ns[kas½

fpfdRlk O;olkf;;ksa ds jftLVj ls /kkjk 22 ds v/khu gVk;s x;s uke dh iqu% izfof"V gsrw vkosnu%&

lsok esa]

fgekpy izns”k fpfdRlk ifj"kn~

--------------------------------

egksn;]

eSa ¼d½ --------------------- v|ksgLrk{kjh ¼[k½------------------------- vgZrk,a j[krs gq, ,rn~}kjk lR;fu"Bk ls

fuEufyf[kr ?kks"k.kk djrk gwa %&

o"kZ ¼x½ ------------------ esa esjk uke fuEufyf[kr vgZrkvksa dh ckor vFkkZr~ ¼?k½ --------------------- ds jftLVj

esa lE;d~ :i ls jftLVªhd`r fd;k x;k Fkk] vkSj esjk uke gVk;s tkus dh rkjh[k dks eSa fuEufyf[kr

vfrfjDr vgZrk vFkkZr~ ¼³½ ------------- dh ckor jftLVªhd`r FkkA

jftLVªkj us jftLVj ls esjk uke ¼p½ --------------- uohdj.k Qhl ds lank; ds O;frdze esa gVk;k gSA

jftLVj ls esjk uke gVk;s tkus ls eSa ¼N½ --------------------- LFkku ij fuokl dj jgk gaw vkSj ¼t½ ----------

--------------- esjk O;olk; gSA

eSa ;g fuosnu djrk gaw fd ¼>½ ds :i esa esjk uke jftLVj esa iqu% LFkkfir fd;k tk,A

Hkonh;]

gLrk{kj

uke vkSj irk------------------

jftLVªhdj.k la[;k-----------------

fVIi.k-&

¼d½ iwjk uke fy[ksa ¼vUr% LFkkfir djsa½

¼[k½ vgZrk fy[ksa ¼vUr LFkkfir djsa½

¼x½

jftLVªhdj.k dh rkjh[k fy[ksa ¼vUr% LFkkfir djsa½

¼?k½ vgZrk,a fy[ksa ¼vUr% LFkkfir djas½

¼³½ vfrfjDr vgZrk,a fy[ksa ¼vUr% LFkkfir djsa½

¼p½ gVk;s tkus dh rkjh[k fy[ksa ¼vUr% LFkkfir djsa½

¼N½ fof”kf"V;ka nsaA

¼t½ o`f=d O;olk; ls lEcfU/kr fof”kf"V;ka fy[ksa ¼vUr% LFkkfir djsa½s

¼>½ jftLVªhd`r fpfdRlk O;olk;hA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

iz:i&4

¼ fu;e 46¼2½ ¼[k½ ¼iii½ ns[ksa½

vkosnu ds leFkZu esa izek.k i=

;g izekf.kr fd;k tkrk gS fd ----------------------- ftldk uke fgekpy izns”k fpfdRlk ifj"kn~

vf/kfu;e 2003 ¼2003 dk 16½ ds v/khu fpfdRlk O;olkf;;ksa ds jftLVj esa igys ls gh gS] esjk lqifjfpr

gS vkSj pfj=oku gSA

uke%&

¼izekf.kr djus okys O;fDr dk uke½

irk%&-------------------------------------------------------

vgZrk%&----------------------------------------------------

rkjh[k%&---------------------------------------------------

izekf.kr djus okys O;fDr ds gLrk{kj]

jftLVªhdj.k la[;k-----------------

&&&&&&&

iz:i&5

¼fu;e 46 ¼6½ ns[ksa½

vf/kfu;e dh /kkjk 22 ds v/khu vkosnd }kjk fpfdRlk O;olkf;;ksa ds jftLVj esa uke dh iqu% izfof"V

¼izos”k½ gsrq dkuwuh ?kks"k.kk

lsok esa]

fgekpy izns”k fpfdRlk ifj"kn~

-------------------------------

--------------------------------

¼1½

eSa] v|ksgLrk{kjh ¼d½ vc -------------------- dh vgZrk,a j[krs gq, ¼[k½ lR;fu"Bk ¼[k½ lR;fu"Bk

ls ?kks"k.kk djrk gWw fd fuEufyf[kr rF; esjs ekeys ds gS] ftuds vk/kkj ij eSa fpfdRlk

O;olkf;;ksa ds jftLVj esa vius uke dh iqu% izfof"V pkgrk gwaA

¼2½

¼x½------------------------- dks esjk uke fuEufyf[kr vgZrkvksa ds ckjs esa vFkkZr~ jftLVj esa lE;d~

:i ls jftLVªhd`r fd;k x;k Fkk] ¼?k½ vFkkZr~ ----------- tkap dh rkjh[k dks eSa mUgha vgZrkvksa

dh ckor jftLVªhd`r Fkk] ¼³½ vkSj fuEufyf[kr vfrfjDr vgrkZvksa dh ckor Hkh

jftLVªhd`r Fkk] vFkkZr%&

¼3½

¼p½-----------------------fnu--------------- dks dh xbZ tkap ij] ¼N½ ---------------- ds------------------ }kjk] fgekpy

izns”k fpfdRlk ifj"kn~ dks dh xbZ f”kdk;r ij] ifj"kn~ us ¼t½ eq>s -------------------- ls

vf/kjksfir djrs gq,] esjk uke jftLVj ls gVk;s tkus dk funs”k fn;k FkkA

¼4½

jftLVj ls esjk uke gVk;s tkus ls eSa ¼>½ --------------- LFkku ij fuokl dj jgk gaw vkSj ---------

------------------ esjk O;olk; gSA

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

¼5½

;g esjk vk”k; ¼vfHkizk;½ gS fd ¼´½ ------------------ ds :i esa esjk uke jftLVj esa iqu% izfo"V

fd;k tk,A

¼6½

vkosnu ds vk/kkj ¼V½ --------------------------- gSA

gLrk{kfjr

esjs le{k LFkku ------------esa ¼ rkjh[k½ ---------------------dks ?kksf"kr fd;k x;kA

eftLVªsV ;k uksVjh ifCyd

fVIi.k%&

¼d½ iwjk uke fy[ksa ¼vUr LFkkfir djsa½

¼[k½ vgZrk,a] ;fn dksbZ gS fy[ksa vUrLFkkfir djsa

¼x½

rkjh[k fy[ksa ¼vUrLFkkfir djsa½

¼?k½ tkap dh rkjh[k fy[ksa ¼vUrLFkkfir djsa½

¼³½ vgZrk,a of.kZr djsaA

¼p½ f”kdk;rdrkZ dk uke vkSj irk fy[ksa ¼vUrLFkkfir djsa½

¼N½ vkjksi ftl ij uke gVk;k x;k Fkk fy[ksa ¼vUrLFkkfir djsa½

¼t½ irk fy[ksa ¼vUr%LFkkfir djsa½

¼>½ o`f=d O;olk; ls lEcfU/kr fof”kf"V;ka fy[ksa ¼vUrLFkkfir djsa½

¼´½ vkosnu esa fn, x, ¼of.kZr½ leLr rF; vkSj vk/kkj Li"V vkSj laf{kIr :i esa dfFkr gksus

pkfg,A

&&&&&&&

iz:i&6

¼fu;e 46 ¼6½ ns[ksa½

iz:i&5 esa vkosnu ds iSjk ¼4½ vkSj ¼5½ dh fo"k; oLrq ds lR;kiu ds ckjs esa izek.ki=

eSa--------------------------------------- fuEufyf[kr izekf.kr djrk gwa%&

¼1½

esjh jftLVªhdj.k la[;k---------------------------- gSA

¼2½

eSaus -------------- ds vkosnu ds iSjk ¼4½ vkSj ¼5½ i<+ fy, gSa vkSj dFku djrk gaw fd eSa mDr------

--------------- nksuksa ls voxr fd;k x;k gaw vkSj pwafad mldk uke jftLVj ls gVk fn;k x;k

Fkk eSa mls ,d vPNs pfj= dk O;fDr le>rk gaw vkSj esjs }kjk fd, x, dFku ¼LVsVesUVl½

esjs Kku] lwpuk vkSj fo”okl ls lgh gSA

gLrk{kj

100

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

iz:i&7

¼fu;e 51 ns[ksa½

ikorh ¼jlhn½

fgekpy izns”k fpfdRlk ifj"kn] lk/kkj.k fu;e]

2011 dk fu;e 51 vkSj fgekpy izns”k fpfdRlk

ifj"kn~ Qhl fu;e] 2011 dk fu;e 3 ¼3½ ns[ksa

fgekpy izns”k fpfdRlk ifj"kn~ ¼lk/kkj.k½ fu;e]

2011 dk fu;e 22 vkSj fgekpy izns”k fpfdRlk

ifj"kn~ ¼Qhl½ fu;e~] 2011 dk fu;e 3 ¼3½ ns[ksa

fgekpy izns”k fpfdRlk ifj"kn~A

fgekpy izns”k fpfdRlk ifj"kn~

ogh la[;k--------------------------------

ogh la[;k------------------------------

dze la[;k-------------------------------

rkjh[k-----------------

rkjh[k------------------------------

Jh@Jhefr------------------- ls ----------- :i;s------------- dh

jde----------- ds ys[ks jksdM+@vnk;xh vkns”k ds

ek/;e ls izkIr dh xbZ gSA

Jh@Jhefr ---------------- ls ---------:i;s½ dh jde-----------

------ ds ys[ks jksdM+@vnk;xh vkns”k ds ek/;e ls

izkIr dh xbZ gSA

jftLVªkj

iz:i&8

¼fu;e 54 ns[ksa½

fgekpy izns”k jkT; fpfdRlk ifj"kn~

lk/kkj.k jksdM+ ogh

ekl vkSj rkjh[k

oxhZd`r laf{kIr lkj dh

iUuk Qksfy;ks la[;k

foHkkxh; eq[; y?kq

vkSj foLr`r 'kh"kZ vkSj

mi'kh"kZ ds C;kSjs

ikorh

¼jlhn

fof”kf"V;ka vkSj ftlls

izkIr fd;k x;k gS

O;fDr dk uke

CkSad ¼jlhn½

ikorh dh

la[;k vkSj

rkjh[k

jde

dqy

nSfud

cSad dks izsf"kr

cSad

¼jlhn½

ikorh dh

la[;k rkjh[k

jde

ekl

rkjh[k

oxhZd`r lkj dh iUuk

¼Qksfy;ks½ la[;k

foHkkxh; eq[;@mi”kh"kZ

vkSj ys[ks ds mi 'kh"kZ ds

C;kSjs

izHkkj dh fof”kf’V;kW vkSj

ikus okys dk uke

ckmpj dh la[;k

pSd dh la[;k vkSj

rkjh[k

jde

dqy nSfud

vkns”k }kjk]

gLrk{kfjr@&

lfpo ¼LokLF;½A

101

jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

[Authoritative English Text of this Department notification No. HFW-B(A)2 2/2001–loose,

dated 4.1.2012 as required under clause (3) of article 348 of the Constitution of India].

HEALTH AND FAMILY WELFARE DEPARTMENT

NOTIFICATION

Shimla-2, 4th Jan., 2012

HFW-B(A) 2-2/2001-loose.—Whereas the draft rules titled as the Himachal Pradesh

Medical Council (General) rules, 2007 were published in the Rajpatra, Himachal Pradesh (Extra-

Ordinary) on 19.9.2007 vide notification of even number dated 16.8.2007 for inviting objections

and suggestions from person likely to be affected thereby as required under section-31 of the

Himachal Pradesh Medical Council Act, 2003, within a period of 30 days from the date of

publications ;

And, whereas no objection/suggestion has been received in this behalf from the general

public during the stipulated period;

Now, therefore, in exercise of the powers conferred by section-31 of the Himachal Pradesh

Medical Council Act,2003, the Governor of Himachal Pradesh is pleased to make the following

rules, namely:-

DRAFT RULES

PART-I

PRELIMINARY

Short title.—These rules may be called the Himachal Pradesh Medical Council

(General) Rules, 2011.

Definitions.—(1) In these rules, unless there is anything repugnant in the subject or

context;-

(a)

“Act” means the Himachal Pradesh Medical Council Act, 2003 (Act No. 16 of

2003);

(b)

“Appendix” means an appendix appended to these rules;

(c)

“Complainant” means any person who makes a complaint under the Act;

(d)

“Complaint” means any allegation in writing made by a complainant addressed to

the Registrar or President regarding any disqualification incurred by a medical

practitioner under section 7;

(e)

“Form” means a Form appended to these rules;

(f)

“Person” shall include any Company or body corporate or association or body of

individuals; whether incorporated or not or artificial juridical person;

(g)

“Prescribed Fees” means the fees prescribed by the State Govt. under the Himachal

Pradesh Medical Council (Fee) Rules, 2011 or under any other provisions of the

Act;

(h)

“section” means a section of the Act; and

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(i)

“State Government” means the Government of Himachal Pradesh.

(2)

All other words and expressions used herein but not defined in these Rules, shall

have the meanings respectively as assigned to them in the Act.

PART-II

HEADQUARTER, CORPORATE SEAL APPOINTMENT OF MEMBERS AND

CONDUCT OF BUSINESS OF THE COUNCIL

Headquarter.—The office of the Council shall situate in Indira Gandhi Medical

College and Hospital at Shimla, or at such other place as the Government may fix.

Corporate Seal.— (1) The Common seal of the Council shall be kept in a box

having two different locks and the key of one lock shall be in the custody of the President and the

key of the other lock in the custody of the Registrar.

(2)

The seal shall be affixed on each registration certificate which is issued under these

rules and on such other documents as the Council, or when, the Council is not sitting the Executive

Committee, may direct, but its use by the said Committee shall be limited to such acts as may be

necessary to carry into effect the power delegated to it by the Council.

Register of members.—A book in Form-I shall be kept, containing the names of

the members of the Council, the electorates they represent, the date of appointment of each

member, the terms for which he was elected /nominated and the dates of death, resignation or

retirement of each member, and such book shall be regularly kept up so as to show the period at

which each of the bodies that has power to appoint may proceed to make a new appointment and

the same particulars shall be kept with regard to members appointed by the State Government.

Calling of meetings.—(1) The Council shall meet, at least twice in a calendar year,

on such date, time and place as may be fixed by the President:

Provided that the President-

(a)

may call a special meeting at any time on ten days ’ clear notice to deal with any

urgent business requiring the attention of the Council; and

(b)

shall call a special meeting on fifteen days’ notice, if he receives a notice in writing

signed by not less than 1/3rd members and stating the purposes of the meeting and

the business which Council is required to transact under the provisions of the Act.

(2)

At the special meeting called by the President only the business for which the

meeting has been called shall be transacted, unless the Council by a resolution to transact any other

business.

Notice for calling the meeting.—(1) All the members shall be given thirty clear

days’ notice for ordinary meeting and fifteen days’ notice for a special meeting by the Registrar.

Every notice shall specify the date, time, place and agenda of the meeting and it shall also be posted

at the office of the Council.

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(2)

A member, who wishes to move any motion for including any business for

transaction not included in agenda, shall give notice thereof to the Registrar not less than twenty

clear days before the date fixed for the meeting.

(3)

The Registrar shall not less than ten clear days before the date fixed for a special

meeting, with the notice of meeting issue a complete agenda paper showing the business to be

transacted in the said meeting.

(4)

A member who wishes to move an amendment to any item included in the agenda,

shall give notice to the Registrar not less than three clear days before the dated fixed for the

meeting.

(5)

The Registrar shall, if the time permits cause a list of all the amendments in respect

of which notice has been given under sub-rule (5) to be made available for the use of every

member:

Provided that the President may, if the Council agrees, allow a notice to be discussed at a

meeting, notwithstanding the fact that notice was received too late.

(6)

The President and the Registrar shall discuss and decide whether or not, to include

such notice/motion in the agenda and where such notice/motion is disallowed, the reason for doing

so shall also be communicated to the member sending the notice/motion.

Non-admissibility of motion.—(1) A motion shall not be admissible.

(a)

if the matter to which it relates is not within the scope of the functions of the

Council;

(b)

if not raised substantially, the same question as a motion or amendment which has

been moved or withdrawn with the leave of the Council within one year of the date of the meeting

at which it is designed to be moved:

Provided that such a motion may be admitted at a special meeting of the Council convened

for the purpose on the requisition of not less than two-thirds of the members of the Council:

Provided further that nothing in these rules shall prohibit further discussion on any matter

referred to the Council by the State Government in exercise of any of its functions under the Act.

(c)

unless it is clearly and precisely expressed and raises substantially one definite issue;

and

(d)

if it contains inferences, ironical expressions or defamatory statements.

(2)

The President may disallow any motion which in his opinion is inadmissible under

subrule (1):

Provided that if the motion can be rendered admissible by amendment, the President may

admit it in an amended form.

(3)

When the President disallows or amends a motion, the Registrar shall inform the

member who gave notice of the motion, of the order of disallowance, or of the form in which the

motion has been admitted, as the case may be.

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Attendance at the meeting.—At each meeting, an attendance register shall be

placed in the meeting room and every member present shall sign against his name in the register.

10.

President and the quorum of the meeting.—(1) Every meeting of the Council

shall be presided over by the President or if he is absent by the Vice-President or, if both President

and Vice-President are absent by a presiding officer to be elected by the members from amongst

themselves.

(2)

All the references referred to the President shall be read as referring to the person for

the time being presiding over the meeting.

(3)

Eight members of the Council including the President, present in the meeting shall

constitute a quoru-.

Provided that in case of a meeting adjourned for want of quorum, no quorum shall be

required in the next meeting to be convened on the same issue.

11.

Adjournment of meeting for want of quorum.—If, at the time appointed for a

meeting a quorum is not present, meeting shall not commence until a quorum is present and if

quorum is not present on the expiration of 30 minutes from the time appointed for the meeting or

during the course of any meeting, the meeting shall stand adjourned to such future time and date as

the President may appoint.

12.

Decision by voting.—(1) Every matter to be discussed and decided by the Council

in the meeting shall be moved by a member in the shape of a motion and the President shall put it

to the Council for voting.

(2)

Votes shall be taken by show of hands or by division or by ballot, as the President

may direct:

Provided that votes shall be taken by ballot if three or more members so desire and ask for

it:

Provided further that if voting has been by show of hands, a division shall be taken if a

member asks for it.

(3)

The President shall determine the methods of taking votes by division.

(4)

The result of the vote shall be announced by the President and shall not be liable to

be challenged by any member.

(5)

In the event of equality of votes the President shall have a second or a casting vote.

(6)

During the meeting, the President may, at any time, make any objection, or

suggestion or give information to elucidate any point to help the members in the discussion.

13.

Minutes of the Council.—(1) The proceedings of the meetings for the Council shall

be preserved by the Registrar on a file, in the form of typed/printed minutes which shall be

authenticated, after confirmation, by the President.

(2)

Copies of the minutes of each meeting shall be submitted to the President by the

Registrar within fiftenn days of the meeting and attested by him and a copy each shall cause to be

sent to each member within thirty days of the meeting by the Registrar.

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(3)

The minutes of the meeting shall contain such motions and amendments as have

been moved and adopted or negatived with the names of the mover and the seconder, but without

any record of observations made by any member at the meeting.

(4)

If any objection regarding the correctness of the minutes is received within thirty

days of the dispatch of minutes by the Registrar, such objections together with the minutes as

recorded and attested shall be put before the next meeting of the Council for confirmation. At this

meeting no question shall be raised except as to the correctness of the minutes of the meeting:

Provided that if no objection regarding a decision taken by the Council at a meeting is

received within thirty days from the date of dispatch by the Registrar, in relation to the minutes of

the particular meeting such decision may, if expedient by put into effect before the confirmation of

the minutes at the next meeting:

Provided further that the President may direct that action be taken on a decision of the

Council before the expiry of the period of thirty days.

(5)

The minutes of the council shall as soon as practicable after their confirmation be

made up in sheets and consecutively paged for insertion in the volume which shall be permanently

preserved.

(6)

A report shall be kept of the observations and that of the discussions at the meeting

of the Council in an accurate manner for the use of the members of the Council. The detailed

proceedings of the meeting shall be treated as ‘Confidential’, and be kept in the office and shall be

open to members for inspection. A copy of the proceedings in whole or in part shall be supplied to

any member who applies for it. Such copy shall be marked ‘Confidential’ and be supplied on the

payment of a sum fixed by the President which shall not exceed the cost of copying. No copy of

proceedings held in camera shall be supplied, but such proceedings can be inspected by the

members.

PART-III

POWERS AND DUTIES OF THE PRESIDENT AND VICE-PRESIDENT

14.

Powers and duties of the President.—The President shall exercise such powers

and perform such duties as are contained in the provisions of the Act, rules and standing orders of

the Council. He shall do such acts as he considers necessary in the furtherance of the objects for

which the Council is established.

15.

Powers and duties of the Vice-President.—If the office of the President is vacant

or if the President for any reasons is unable to exercise the powers or perform the duties of his

office, the Vice-President shall act in his place and shall exercise the powers and perform the duties

of the President.

PART-IV

EXECUTIVE COMMITTEE

16.

Constitution of the Executive Committee.- (1) The Executive Committee shall

consist of the President ex-officio member and four members elected by the Council in its first

meeting from amongst themselves as under:-

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(a)

One member to be elected from amongst members nominated under clause (a) of

sub-section (3) of section 3 of the Act;

(b)

One member to be elected from amongst members elected under clause (b) of sub-

section (3) of section 3 of the Act;

(c)

One member to be elected from amongst members elected under clause (c) of sub-

section (3) of section 3 of the Act; and

(d)

One member to be elected from amongst the ex-officio members under clauses (d),

(e) and (f) of sub-section (3) of section 3 of the Act.

(2)

The President of the Council shall be the ex-officio Chairman of the Executive

Committee.

(3)

The Registrar shall be the Secretary of the Executive Committee.

17.

Term of members of Executive Committee and manner of filling up of casual

vacancies.—(1) The term of the members of the Executive Committee shall be co-terminus with

their membership in the Council.

(2)

A casual vacancy in the office of the Chairman or member of the Committee shall

be filled up by election:-

Provided that such vacancy in the office of an elected member occuring within six months

prior to the date of which the term of the office of all the members is to expire, shall not be filled.

18.

Quorum.—Three members of the Executive Committee, including the President

shall form a quorum.

19.

Functions.—(1) The Executive Committee shall have powers to discharge the

functions of the Council within the frame work of the Act and the rules in accordance with the

general policy and principles laid down by the Council.

(2)

In particular, and without prejudice to the generality of the foregoing powers, the

Executive Committee shall exercise the following powers, duties and functions namely :-

(a)

Superintendance of the publication of the Himachal Pradesh State Medical

Registrar, which shall be prepared by the Registrar ;

(b)

drafting of business (other than motions and amendments notified by the members)

and submit recommendations thereon ;

(c)

obtaining from medical practitioners such information as may be necessary to

facilitate the requirements of the Act;

(d)

consider and prepare report upon any objections that may seem to require the

attention of the Council;

(e)

examining and reporting on the petitions presented to the Council and referred to the

Executive Committee;

(f)

grant leave to the Registrar under sub-section (2) of section 14 of the Act;

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(g)

consider the reports/recommendations made by the Disciplinary Committee

constituted under section 21 of the Act;

(h)

consideration the complaints against registered medical practitioner’s for breach of

the professional conduct and submit its report thereon to the Council; and

(i)

reporting to the Council on all applications for registration which are not covered

under the schedule of the Himachal Pradesh Medical Council:-

20.

Meetings of the Executive Committee.—(1). The Executive Committee shall meet

on such date, time and place as may be fixed by the President. The President may however if he

thinks fit, upon a written requisition by not less than three members, call an extraordinary meeting

of the Executive Committee on short notice.

(2)

The President and the Registrar shall discuss and decide the agenda of the meeting.

21.

Notice of the meeting.—The Registrar shall give to all members of the Executive

Committee seven clear days’ notice in the case of an ordinary meeting and three clear days’ notice

in the caseof an extraordinary meeting specifying therein the place, date and time of the meeting

and also stating whether the meeting is an ordinary meeting or a special meeting and the business to

be transacted therein.

22.

Attendance at the meeting.—At each meeting an attendance register shall be

placed in the meeting room and every member present shall sign against his name in the register.

23.

Business to be transacted at the meeting.—(1) Every meeting or the Executive

Committee shall be presided over by the President and if he is absent presiding officer of the

meeting shall be elected by the members from amongst themselves.

(2)

In the ordinary or extraordinary meeting no business other than that specified in the

notice calling such meeting shall be transacted:

Provided that the presiding officer may permit any business to be discussed which is of

urgent nature and which was not entered in the notice of the meeting.

(3)

All questions at a meeting of the Executive Committee shall be decided by a

majority of the members present and in the event of an equality of votes the presiding officer shall

have second or casting vote.

24.

Decisions by Circulation.—(1) When the matter is so urgent that its decision

cannot awaited till the holding of the next meeting of the Executive Committee, the same shall be

decided by circulating it to all the members of the Executive Committee.

(2)

When the matter is so urgent that even reference to the members of the Executive

Committee by circulation shall defeat its object, the President may exercise the powers of the

Council:

Provided that in such cases the action taken by the President shall be required to be ratified

by the Executive Committee at its next meeting.

25.

Participation of a member other than a member of the Executive Committee.—

The President may invite a member of the Council, not being a member of the Executive

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Committee to attend any meeting of the Executive Committee for any particular item of the agenda.

Any member so invited shall be free to participate in the discussion, relating to that item but shall

have no right to vote.

26.

Minutes of meetings.—(1) A copy of the minutes of each meeting shall be drafted

by the Registrar and submitted to the President within ten days from the date on which the meeting

was held for his countersignatures after which these shall be sent to each member of the Executive

Committee within twenty days from the date on which meeting was held. In case no

corrections/suggestions are received from the members within fifteen days from the date of

despatch of the minutes of the meeting by the Registrar, the decision recorded therein shall be

given effect to.

(2)

The minutes shall be sent to the members of the Council after confirmation by the

Executive Committee at the next meeting.

Provided that the President, may, if necessary, direct that the action be taken on a decision

of the Executive Committee before the expiry of the said period of fifteen days mentioned above.

PART-V

TRAVELLING AND OTHER ALLOWANCES ADMISSIBLE TO MEMBERS OF THE

COUNCIL AND THE EXECUTIVE COMMITTEE

27.

Travelling and other allowances to members of the Council and the Executive

Committee.—(1) For attending the meeting of the Council or the Executive Committee, the

official members shall be paid travelling allowance/daily allowances in accordance with the

provisions of the rules as are applicable to them.

(2)

Non-official members of the Council shall be allowed travelling allowance as

admissible to the highest Grade-I Officers of the State Government.

(3)

All non-official members of the Council and the Executive Committee shall be

entitled to get a fee of Rs. 500/- (rupees five hundred) only per day for attending a meeting of the

Council or the Executive Committee which shall be paid in addition to the travelling allowance as

admissible to them under sub-rule (2) of this rule.

PART-VI

INQUIRIES

PROCEDURE TO BE FOLLOWED IN INQUIRIES

28.

Complaints to be addressed to the Registrar.—A complaint by a person or body

charging the registered practitioner with an infamous conduct in professional respect shall be made

in writing addressed to the Registrar which shall state the grounds of complaint and be

accompanied by one or more declarations as to the facts of the case.

29.

Contents of declaration.—(1) Every declaration shall state the description and true

place of abode of the declarant and where a fact stated in declaration is not with personsal

knowledge of the declarant, the source of information and grounds for the belief of the declarant

and its truth shall be accurately and fully stated.

(2)

The declarations which are made in contravention of this rule shall not be accepted

as evidence.

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30.

Suspension of registration of mentally or physically disabled person.—(1) If at

any time it is made to appear by an affidavit that a person registered under the Act, has become

mentally or physically disabled to the extent that the continued practising of such person is contrary

to the public welfare, the Executive Committee may hold inquiry into the facts submitted and may

order the suspension of the registerd medical practitioner for a specified period from carrying on

his profession or practice in medicine.

(2)

The registration of a person who seeks retirement from the service on medical

grounds shall be temporarily cancelled for a period of three years:

Provided that he/she may be registered again after a period of three years if declared fit for

practice by the Council.

31.

Guilty conduct person has applied for registration or when registration has

already been rejected.—Whenever information is received by the Registrar that a medical

practitioner, who is an applicant for registration or whose name has already been rejected for

registration, has been guilty of conduct which prima-facie constitutes infamous conduct in

professional respect, the Registrar shall make abstract of such information under intimation to the

President.

32.

Conviction for a cognizable offence.- Whenever information reaches the office of

the Council that a registered practitioner has been charged with a cognizable offence or has been

under the censure of any judicial or other competent authority in relation to his professional

character or has been guilty of conduct which prima-face constitutes infamous conduct in a

professional respect, the Registrar shall make an abstract or information and shall submit the same

to the President.

33.

Penalty/removals from the register.—Every person registered under the Act who

has been found after inquiry by the Executive Committee to have been guilty of improper conduct

which when regard is had to such person, profession or calling it improper shall be liable to one of

the following penalties:-

(a)

caution or reprimand or a reprimand and caution.

(b)

suspension for a specified period from practising in modern scientific system of

medicine or performing acts in relation thereto;

(c)

deletion of his name from the register.

34.

Action on the abstract/complaint.—(1) Where a complaint has been lodged, the

abstract of the complaint and all other documents having bearing on the case shall be submitted by

the Registrar to the President who shall if he thinks fit instruct the Registrar to ask the registered

practitioner by means of a registered letter for any explanation which he may wish to offer.

(2)

The documents including any explanation forwarded by the charged practitioner to

the Registrar, shall then be referred to the Executive Committee which shall consider the same and

shall have power to cause further investigation to be made and further evidence to be taken and to

take legal advice if necessary.

(3)

If the Executive Committee is of the opinion that a prima-facie case is not made out,

the matter shall not be proceeded further and the Registrar shall inform the complainant of the

resolution of the Executive Committee.

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(4)

If the Executive Committee is of the opinion that the circumstances suggest for

issuing a letter of warning to the charged practitioner, it shall send its findings to the Council, and

in either case if the Executive Committee is of the opinion that the case is one in which an inquiry

is ought to be held, the President shall direct the Registrar to take steps for the institution of an

inquiry and for having the case heard and determined by the Executive Committee.

(5)

The decision on complaint against the delinquent registered practitioner shall be

taken within a time limit of six months.

35.

Notice of Inquiry by the Executive Committee.—(1) Any inquiry to be conducted

under subsection (1) of section 22 of the Act shall be initiated by issuing a notice in writing on

behalf of the Executive Committee by the Secretary of the Executive Committee addressed to the

charged registered practitioner.

(2)

The notice issued under sub-rule (1) above shall specify the nature and particulars of

the charge and shall inform the charged practitioner of the day on which the Executive Committee

intends to deal with his case and shall call upon him to answer the charge in writing and to attend

before the Executive Committee on the said day.

(3)

The notice shall be in Form-II with such variations as circumstances may require

and shall be sent three weeks before the date of inquiry.

36.

Supply of documents to charged registered practitioner.—(1) In every case in

which the Executive Committee resolves that an inquiry is required to be instituted and a notice for

an inquiry is issued accordingly, the complainant if any, and the charged registered practitioner

shall for the purpose of his defence or replies, as the case may be, and upon request in writing for

that purpose signed by himself be entitled to be supplied by the Registrar with a copy of any

declaration, explanation or answer or other document given or sent to the Executive Committee for

or on behalf or the other party, which such other party may be entitled on proper proof to use at the

hearing or evidence in support of or in answer to the charge specified in the notice of inquiry.

(2)

Any answer, evidence or statement forwarded or application made by the charged

registered practitioner between the date of issue of the notice and the day fixed for the hearing of

the charge shall be dealt with by the Chairman of the Executive Committee in such manner as he

himself, or under legal advice, thinks, fit.

(3)

All material documents which are to be laid before the Executive Committee as

evidence with regard to the case shall be typed and a copy thereof be furnished to each of the

parties before hearing of the case.

37.

Procedure where complainant appears.—Where the complainant appears

personally or through his representative other than a legal practitioner, the following procedure

shall be followed:-

(a)

The Registrar as the Secretary of the Executive Committee shall read to the

Executive Committee the notice of the inquiry addressed to the charged registered

practitioner-.

(b)

The complainant shall be invited to state his case by himself or through his

representative and to produce his proof in support of the same. At the conclusion of

the complainant’s proof his case shall be closed.

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(c)

The charged registered practitioner shall then be invited to state his case by himself

or through his representative and to produce the proof in support of the same. He

may speak before the Executive Committee about his case either before or at the

conclusion of his proof but only once.

(d)

At the conclusion of the charged registered practitioner’s case the Executive

Committee shall, if the said charged registered practitioner has produced evidence,

hear the complainant in reply on the case generally but shall hear no further

evidence except in any special case in which the Executive Committee thinks fit to

produce such further evidence. If the charged registered practitioner produces no

evidence the complainant shall not be heard in reply, except by special leave of the

Executive Committee.

(e)

Where a witness is produced by any party before the Executive Committee he shall

be first examined by the party producing him and then cross examined by the

opposite party and then re-examined by the party producing him. The Executive

Committee reserves to itself the right to decline to admit in evidence any declaration

where the declarant is not present or he declines to submit to cross examination.

(f)

The President as the ex-officio Chairman of the Executive Committee and the

members of the Executive Committee through him may also put question to any

witness or party.

38.

Procedure where complainant does not appear.—Where there is no complainant

or no complainant appears the following procedure shall be followed:-

(a)

The Registrar as the Secretary of the Executive Committee shall read to the

Executive Committee the notice of inquiry addressed to the charged registered practitioner and

shall state the facts of the case and produce before the said Committee evidence by which the same

is supported.

(b)

The charged registered practitioner shall then be invited to state his case by himself

or through his representative and to produce proof in support of the same. He may speak before the

Executive Committee either before or at the conclusion of his proof but only once.

39.

Inclusion of deliberations.—Upon the conclusion of the hearing on the case the

Executive Committee shall deliberate thereon in private and at the conclusion of the deliberations,

the President as the ex-officio Chairman of the Executive Committee shall for the purpose of

summing up the deliberations call upon the Executive Committee to vote on the following

resolutions to be put from the Chair as may be applicable to the circumstances of the case:-

(1)

In the case of charged registered practitioner who has been convicted of a

cognizable offence as defined in the Code of Criminal Procedure, 1973 alleged against him:-

“that ................ has proved to have been convicted of cognizable offence as defined in the

Code of Criminal Procedure, 1973 as alleged against him in the notice of inquiry.”

(2)

In the case of a registered practitioner charged with infamous conduct in a

professional respect:-

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(a)

“that the Executive Committee do now proceed to decide the charges alleged against

..................................... in the notice of inquiry and the same have been proved or

have not been proved.”

If this resolution is not carried, further hearing of the case shall stand adjourned till the next

or some other future meeting of the Executive Committee, as the Executive Committee shall

direct, and the hearing thereof shall be taken at such next future meeting as an adjourned

case.

If the said resolution is carried, the Executive shall be called upon by the President to vote

on the following resolution to be put from the Chair:-

(b)

“that the fact or the following facts (specifying them) all alleged against ......... in the

notice of inquiry have been proved to the satisfaction of the Executive Committee.”

If this resolution is carried, the Executive Committee may either proceed to adjudge

whether on the facts proved the accused registered practitioner has been guilty of infamous conduct

in a professional respect and to direct the Registrar to delete his name from the register or may

postpone its judgement and adjourn the case until the next or some other future meeting.

(3)

In the case of the charged registered practitioner convicted of a felony (or

misdemeanors or crime or offence) or charged with infamous conduct in a professional respect, for

the purpose of deciding whether or not the judgement of the Executive Committee of the conviction

(or facts) proved shall be postponed and the Executive Committee shall be called upon by the

President as the ex-officio Chairman of the Executive Committee to vote on the following

resolution to be put from the chair:-

(c)

“that the Executive Committee do now proceed to pronounce its judgement on the

conviction (or facts) proved against .............................................”

If this resolution is not carried the judgement of the Executive Committee shall stand

postponed till its next or some other future meeting as it shall direct and the case shall be taken at

such next or other future meeting as a case on which judgement has been postponed.

If this resolution is carried, the Executive Committee shall proceed at once to pronounce its

judgement on the case and shall be called upon by the President as the ex-officio Chairman of the

Executive Committee to vote on the following resolution to be put from the Chair:-

In the case of a conviction:-

(d)

“that ................................. having been proved to have been convicted of the felony

(or misdemeanor or crime or offence) alleged against him in the notice of inquiry the

Registrar as the Secretary of the Executive Committee be directed to delete his name

from the medical practitioner register.”

In the case of practitioner charged with infamous conduct in professional respect:-

(e)

“that the Executive Committee do now adjudge ........................ to have been guilty

of an infamous conduct in a professional respect and direct the Registrar to delete

from the register the name of .................................................................”

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If the resolution (d) or (e) as the case may be is not carried, the President may announce the

judgement or the Executive Committee in the following from :-

“that the Executive Committee do not see fit to direct the Registrar to delete from the

40.

Notice of adjourned hearing.—(1) In the event of an adjournment of the hearing or

a postponement of judgment to another session, the Executive Committee on the case coming up

again for consideration may hear the charged registered practitioner and the complainant (if any) on

the day fixed for further consideration and the complainant and the practitioner shall each be

requested to furnish to the Registrar in writing any further facts or evidence which they may desire

to lay before the Executive Committee.

(2)

The notice shall be given so as to allow at least twenty eight days between the day

on which the notice is given and the day appointed. No further facts or evidence presented by a

party to the inquiry for consideration shall be received or considered by the Executive Committee

unless a statement thereof has been previously furnished to the Registrar in compliance with this

rule.

41. Hearing.—(1) On the case coming before the Executive Committee for further

consideration the Registrar as the Secretary or the Executive Committee shall, if necessary, state

the facts and explain the position of the case to the Executive Committee. The charged registered

practitioner shall then be invited to speak before the Executive Committee either personally or

through his representative of which he may have duly given notice to the Registrar. The

complainant (if any) shall also be invited to speak before the Executive Committee either

personally or through his representative and lay before the said Committee any further evidence of

which he shall have duly given notice.

(2)

At the conclusion of the further hearing, the Executive Committee shall deliberate

on the case in private and at the conclusion of the deliberation the President as the ex-officio

Chairman of the Executive Committee shall call upon the said Committee to vote in an adjourned

case on the same resolution as at the original hearing and in case in which judgement was

postponed on a resolution under sub-rule (3) (c), (3) (d) of (3) (e) of rule 39, as the case may be.

42.

Resolution for removal of name.—(1) If, in the opinion of the Executive

Committee the conduct of the charged registered practitioner is found infamous in relation to the

medical profession particularly under any code of ethics prescribed by the Council or by the

Medical Council of India then by the formal resolution put by the President as ex-officio Chairman

of the Executive Committee from the Chair it may recommend to the President for removing the

name of the said practitioner from the register as per provisions of section 22 of the Act.

(2)

An order by the Executive Committee to remove the name of registered practitioner

under the provisions of section 22 shall be subject to the confirmation by the Council and shall take

effect from the date of such confirmation.

43.

Notice of removal of name.—(1) The Registrar shall upon the removal of any name

from the register pursuant to the provisions of section 22 of the Act forthwith send notice of such

removal to the registered practitioner and such notice shall be sent by a registered letter addressed

to the last known address or to the registered address of the said practitioner. The Registrar shall

also send forthwith intimation of any such removal to the Dean or the Secretary or the appropriate

officer of the body or bodies from which the said practitioner has received his qualification or

qualifications.

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(2)

A person whose name has been removed from the register under the provisions of

these rules shall forthwith surrender his certificate or registration to the Registrar and the name so

removed shall be published in the Official Gazette.

44.

Intimation to the licensing body.—the Registrar shall within one month after any

name has been removed from the register by order of the Council as per the provisions of section

22 of the Act send to the body from which the practitioners have received their qualifications a list

of such names and shall call the attention of each licensing body to the following resolution of the

Executive Committee:-

“The Executive Committee recommends that no person whose name has once been

removed from the register and has not been restored to the said register shall without

previous reference to the Council be admitted to the examination for obtaining any new

qualification which is registerable under the provisions of the Act.”

PART-VII

RESTORATION OF NAME TO THE REGISTER

45.

Power to re-enter the name.The Council, if it thinks fit may, on an application

received from registered practitioner whose name has been deleted from the register under section

22 of the Act, direct the Register, to re-enter his name in the register.

46.

Application for re-entry of the name.- Any person whose name has been removed

from the register by the direction of the Council under section 22 but who still possesses a

qualification entitling him to be registered under the Act, may make an application to the Council

in Form-III for re-entry of his name in the register and the following procedure shall be followed in

the respect of every such an application:-

(1)

The application shall be in writing addressed to the Council and signed by the

applicant and shall state the grounds on which the application in made.

(2)

The application shall be accompanied by-

(a)

A declaration made by the applicant setting forth the facts of the case and stating

that he is the person originally registered; and

(b)

One of the following documents:-

(i)

Applicant’s diploma.

(ii)

His certificate of registration in original if the same has not been already

returned by him .

(iii)

A certificate in Form-IV from two practitioners registered under the Act as to

his identity.

(3)

The statement in the application shall also be verified by certificates in writing to be

given by two practitioners registered under the Act who are residents in the neighborhood of the

place where the applicant has been residing since the removal of his name and they shall testify his

present good character.

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(4)

Before the application is considered by the Council, the Registrar shall notify the

same to the licensing bodies whose qualifications were held by the applicant at the time his name

was removed from the register and he shall further by the letter addressed to the person or body (if

any) on whose complaint the applicant’s name was removed, give notice of the application and of

the time when the Council intends to consider the same.

(5)

The Council shall consider the application and may, if it thinks fit, adjourn the

consideration of it to a future date to require further evidence or explanation from the applicant.

(6)

The application and the certificate referred in sub-rule (3) shall be in Forms-V and

VI respectively with such variations as the circumstances may require. Printed forms shall be kept

by the Registrar in his office and he shall supply them to intending applicant.

PART-VIII

APPEALS

47.

Appeals.—(1) Every appeal, preferred to the Council under section 24 of the Act

shall be addressed to the Registrar and shall be accompanied by a fee as prescribed in the Himachal

Pradesh Medical Council (Fee) Rules, 2011 .

(2)

Every appeal shall be deemed to have been duly presented if the same is sent by

registered post, or has been delivered personally or through an agent authorised in writing by the

appellant, in the office of the Council.

(3)

Every appeal shall be accompanied by a certified copy of the order appealed against

and shall contain the following particulars:-

(a)

The order against which the appeal is preferred.

(b)

The grounds of appeal briefly but clearly set out.

(4)

Every appeal shall be signed by the applicant and verified in the manner laid down

in the Code of Civil Procedure, 1908 for the verification of grounds of appeal.

48.

Procedure for hearing of appeals.—(1) If the appeal is not preferred in the manner

laid down in rule 47 or is not accompanied by the prescribed fee it shall be summarily rejected.

(2)

If the appeal is admitted, the Council shall decide the same after giving the appellant

and where the appeal is against the order of the Register passed in relation to any person other than

the appellant, after giving such person an opportunity of being heard. Every decision of the Council

shall be communicated to the Registrar who shall giving effect to the same.

PART-IX

MAINTENANCE OF ACCOUNTS AND FUNDS OF THE COUNCIL

49.

Management of property.—The Registrar shall be responsible for the maintenance

of all properties of the Council, and shall maintain a stock register of the movable property of the

Council.

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50.

Deposit of Council’s money in the Bank.—The Council shall open an account in

the State Bank of India and all money received by it under sub-section (1) of section 13 of the Act

shall be deposited in the Bank subject to the provision of rule 51.

51.

Receipt of money on behalf of the Council.—All money payable to the Council

shall be received on behalf of the Council by the Registrar or any other employee of the Council

authorised by him in writing in this behalf and shall be deposited in the Bank on the day following

that on which these are received. A receipt in the form as prescribed in Form-VII shall be granted

by the Registrar in lieu of having received the money.

52.

Operation of account of the Council.—The account of the Council shall be

operated jointly by the Registrar and the President (and in the absence of the President these shall

be operated by the Registrar and the Vice President).

53.

Permanent advance.—The Registrar shall retain a permanent advance of five

thousand rupees.

54.

Maintenance of accounts.—All money received or spent on behalf of the Council

shall without any reservation be brought to the account of Council in the general cash book to be

maintained in the form prescribed in Form-VIII under the direct supervision of the Registrar, and in

his absence under the supervision of an employee of the Council authorized by him in writing.

55.

Audit of accounts.—(1) The accounts of the Council shall be examined annually by

the Examiner, Local Fund Accounts of the Finance Department of the State Government.

(2)

The details of the audit shall be communicated to the Council by the Examiner,

Local Fund Accounts, Finance Department, Himachal Pradesh Government; and after the

Executive Committee has considered the same, the audit report and the audited statement of

accounts shall be forwarded to the Department of Health and Family welfare, Copies of the audit

report shall at the same time circulated to all the members of the Council, for information.

56.

Preparation of annual statement of accounts.—The Registrar shall in the month

of July each year cause to be prepared a statement of income and expenditure of preceding financial

year ending 31st March, and draw the attention of the Council to such matters which appears to him

necessary for being brought to the notice of the Council.

57.

Preparation of estimates.—(1) The Registrar shall, in the month of October each

year or on such date as the President may fix, cause to be prepared an estimate of income and

expenditure of the Council for the year commencing on the 1st of April of the ensuing year and

shall submit the same to the Council.

(2)

In estimates provisions shall be made for the fulfillment of liabilities of the Council

and for effectually carrying out the provisions of the Act.

(3)

The Council shall consider the estimates submitted to it under sub-rule (1) and may

sanction the same with or without any alterations as it may deem fit.

58.

Preparation of supplementary estimates.—The Council may, at any time, during

the year for which any estimates have been sanctioned cause supplementary estimates to be

prepared and submitted to it . Every such supplementary estimates shall be considered by the

Council in the same manner as if it were original annual estimates. No expenditureshall be incurred

which is not duly provided in the estimates sanctioned under sub-rule (3) of rule 57 or in a

supplementary estimates.

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59.

Payment of Bills.—All the salary bills of the staff and other vouchers presented as a

claim for money shall be received and examined by the Accountant of the Council. On being

satisfied that the claim is in order, the bill shall be passed- (a) by the Registrar, if the claim relates

to a salary bill of the staff or is for an amount not exceeding one thousand rupees and (b) by the

President in other cases.

60.

Refund.—Amounts received by the Council on account of fees shall not be

refunded under any circumstances. The amounts thus received shall remain credited to the account

of the Council.

Provided that any amount paid by a practitioner in excess of prescribed fees shall be

credited to the suspense account of the Council and may be refunded if claimed within a period of

three years and if no claim for refund is made within the aforesaid period the amount shall be

credited to the account of the Council:

61.

Interpretation of rules.—In case of any interpretation or clarification of these rules

the decision of the State Government shall be final.

62.

Administrative Report.—The Council shall publish the annual administrative

report and also shall send to the Governemnt for approval.

________

FORM-I

(See rule 5)

Book/ Registrar showing the particulars of Members of the Council

Name

Address

Whether

nominated

elected

(electorate

which he

represents)

Tenure

Date of

commence-

ment of

tenure

Date of

which the

tenure is

expire in

the

ordinary

course

If the

appointment

terminated

before

the

due

date

mentioned

column

(6) then the

date

and

reason of

earlier

termination

Remarks

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FORM-II

(See rule 35)

Notice to the charged registered practitioner to attend proceedings regarding inquiry under

section 22 of the Himachal Pradesh Medical Council Act, 2003

Sir,

On behalf of the Executive Committee of the Himachal Pradesh Medical Council, I give

you notice that complaint and evidence has been laid before the Executive by which the

complainant makes the following charges against your namely:-

1. .........................................................

2. .........................................................

It is informed that you are required to be examined under section 22 of the Act and I am

directed to give you notice that on the day ____________ of ___________ 20________, a meeting

of the Executive Committee will be held at .............................. at ............................ O’clock in the

.................................... to consider the above mentioned charges against you and decide whether or

not they should direct that your name be removed from the register, pursuant to section 22 of the

Himachal Pradesh Medical Council Act, 2003 (Act No. 16 of 2006). You are requested to answer

in writing the above charges and attend before the Executives Committee mentioned placeand time

to establish any denial or defence that your may have to make and you are hereby informed that if

you do not attend as requested, the Executive Committee may proceed to hear and decide the said

charges in your absence.

Any Answer or other communication or application which you may desire to make in

respect of the charge or your defence thereto must be addressed to the undersigned and transmitted

so as to reach him not less than ......................... days before the day appointed for the hearing of

the said case.

Registrar.

________

FORM-III

(See rule 46)

APPLICATION FOR RE-ENTRY OF NAME REMOVED UNDER SECTION 22 IN THE

REGISTER OF MEDICAL PRACTITIONERS

The Himachal Pradesh Medical Council,

................................................................

Sir,

the

undersigned

(a)

....................................

holding

the

qualifications

(b)....................................do hereby solemnly declare the following:-

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In the year (c) .......................................................... my name was duly registered in the

deletion of my name I was registered in respect of the following additional qualification viz (e)

....................................

The Registrar removed my name from the register on (f) ----------------- for default in

payment of renewal fee.

Since the Registrar removed of my name from the register, I have been residing at (g)

.................................... and my occupation has been (h) ....................................

It is my request that my name may be restored in the register as (i) ...................................

Yours faithfully,

Signature.

Name and Address

....................................

Registration No.

.......................................

Note:-

(a)

Insert full name, (b) Insert qualification, (c) Insert date of registration (d) Insert

qualifications, (e) Insert additional qualifications, (f) Insert date of removal (g) give

particulars, (h) Insert particulars as to professional occupation (i) a registered

medical practitioner.-

________

FORM-IV

[See rule 46 (2) (b) (iii)]

CERTIFICATE IN SUPPORT OF APPLICATION

It is certified that __________________________ whose name formerly stood in the

16 of 2003) is well known to me and he bears a good moral character.

Name :

__________________________

(name of person certifying)

Address:

__________________________

Qualification:

__________________________

Date:

__________________________

Signature of the person certifying

Registration No. ___________

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FORM-V

[See rule 46 (6)]

STATUTORY DECLARATION BY APPLICANT FOR RESTORATION OF NAME TO

THE REGISTER OF MEDICAL PRACTITIONERS UNDER SECTION 22 OF THE ACT

The Himachal Pradesh Medical Council,

.................................................................

(1)

I, the undersigned (a) ............................. now holding the qualifications of (b)

...................................... do solemnly declare that the following are the facts of my

case on the basis of which I seek re-entry of my name in the register of Medical

practitioners.

(2)

On (c) ........................................... my name was duly registered in the register in

respect of the following qualifications namely, on (d) .............................. i.e. the date

of inquiry I was registered in respect of the same qualifications (e)

............................. and also in respect of the following additional qualifications,

namely:-

(3)

At an inquiry held on the (f) ............................. day of ............................. the Council

directed my name to be removed from the register on a complaint made to the

Himachal Pradesh Medical Council by (g) ................... of ............. Charging me of

(h) .............................

(4)

Since the removal of my name from the register I have been residing at (i)

.................................................. and my occupation has been ...........................

(5)

It is my intention that my name may be re-entered in the register (i) .................

(6)

The grounds of application are (k) ..........................................

Signed.

Declared at ............................. on ............................. before me.

Magistrate or Notary Public

Note: (a) Insert full name (b) Insert qualifications, if any (c) Insert date, (d) Insert date of

inquiry, (e) mention the qualifications (g) Insert name and address of the

complainant, (h) Insert charge on which name was removed, (i) Insert the address (j)

Insert particulars as to professional occupation (k) All facts and grounds on which

the application is made should be clearly and concisely stated.

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FORM-VI

[See rule 46 (6)]

CERTIFICATE REGARDING VERIFICATION OF CONTENTS OF PARAGRAPHS (4)

AND (5) OF APPLICATION IN FROM-V

I .......................................................... certify as follows:-

(i)

My registration No. is ..........................................................

(ii)

I have read paragraphs (4) and (5) of the application of ........................ and say that I

have been and am well acquainted with the said ........................ both before and since his name had

been removed from the register I believe him to be a person of good character and the statements

made by me are to be the best of my knowledge, information and belief, true.

Signature.

_________

FORM-VII

[See rule 51]

RECEIPT

See rule 51 of the Himachal Pradesh Medical

Council, (General) Rules, 2011 and rule 3 (3) of

the Himachal Pradesh Medical Council (Fee)

Rules, 2011,

HIMACHAL PRADESH MEDICAL

COUNCIL

Book No. ........................

Serial No......................... Dated _______

Received from Sh/Smt ........................ the sum

of Rs. ........................ (rupees

............................) on account of

............................ in cash/through pay order.

Registrar

See rule 22 of the Himachal Pradesh Medical

Council, (General) Rules, 2011 and rule 3 (3) of

the Himachal Pradesh Medical Council (Fee)

Rules, 2011.

HIMACHAL PRADESH MEDICAL

COUNCIL

Book No. ........................

Serial No......................... Dated _______

Received from Sh/Smt ........................ the sum

of Rs. ........................ (rupees ............................)

on account of

............................ in cash/through pay order.

Registrar

FORM-VIII

[See rule 54]

HIMACHAL PRADESH STATE MEDICAL COUNCIL GENERAL CASH BOOK

Month and date

Folio number of

classified abstract

Departmental

major/minor and

detailed head and

sub-head of

account

Particulars receipt

and names of

persons from

whom received

Number of bank

receipt and date

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Amount

Daily Total

Remittance to

Bank No. date of

Bank receipt

Amount

Month

Date

Folio Number

of Classified

abstract

Departmental

major/minor

subheads

and detailed

sub-heads of

account

Particulars of

charge and name

of payee

Number of

voucher

Number and date of cheque

Amount

Daily total

By order,

Sd/-

Secretary (Health).

_________

TOURISM & CIVIL AVIATION DEPARTMENT

NOTIFICATION

Shimla-2, 3rd April, 2012

No. TSM-B(6)-2/97-I.—The Governor, Himachal Pradesh is pleased to order the re-

designation/upgradation of five posts of District Tourism Development Officers of this Department

at Shimla, Solan, Mandi, Manali and Dharamshala carrying the Pay Band of Rs. 10300-34800/- +

Grade Pay of Rs. 5000/- as Deputy Director in the Pay Band of Rs. 15600-39100 + Grade Pay of

Rs. 6600/-.

This issues with the prior concurrence of the Finance Department vide their

U.O.No.52024950/11-Fin-E dated 17.02.2012.

By order,

MANISHA NANDA,

Pr. Secretary(Tourism & CA).

________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla-171001, 31st March, 2012

No. HHC/Admn. 3 (359)/92.—6 days commuted leave on and with effect from 6.03.2012

to 11.03.2011 is hereby sanctioned ex post facto in favour of Shri M.R Rolta, Court Master of this

Registry.

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Certified that Shri M.R.Rolta has joined the same post and at the same station from where

he had proceeded on leave after the expiry of the above leave period.

Certified that Shri M.R Rolta would have continued to officiate the same post of Court

Master but for his proceeding on leave.

By order,

Sd/-

Registrar General.

________

HIGH COURT OF HIMACHAL PRADESH,SHIMLA-171001

NOTIFICATION

Shimla-171001, 31st March, 2012

No. HHC/Admn. 3 (133)/79-I.—7 days commuted leave on and with effect from

16.03.2012 to22.03.2011 is hereby sanctioned ex post facto in favour of Shri Ajeet Singh Himalvi

Additional Registrar of this Registry.

Certified that Shri Ajeet Singh Himalvi has joined the same post and at the same station

from where he had proceeded on leave after the expiry of the above leave period.

Certified that Shri Ajeet Singh Himalvi would have continued to officiate the same post of

Additional Registrar but for his proceeding on leave.

By order,

Sd/-

Registrar General.

________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA - 171 001

NOTIFICATION

Shimla, the 30th March, 2012

No. HHC/GAZ/14-314/2010.—Hon’ble the Chief Justice has been pleased to grant 24

days’ earned leave w.e.f. 2.4.2012 to 25.4.2012 with permission to prefix Sunday falling on

1.4.2012 in favour of Shri Sunish Aggarwal, Civil Judge (Junior Division)-cum-JMIC (I),

Dharamshala, District Kangra, H.P.

Certified that Shri Sunish Aggarwal is likely to join the same post and at the same station

from where he proceeds on leave, after expiry of the above period of leave.

Also certified that Shri Sunish Aggarwal would have continued to hold the same post of

Civil Judge (Junior Division)-cum-JMIC (I), Dharamshala, but for his proceeding on leave for the

above period.

By order,

Sd/-

Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171 001

NOTIFICATION

Shimla, 31st March, 2012

No. HHC/Admn. 28 (45)94.—In continuation of this Registry Notification No.

HHC/Admn.28(45)96-17452-67, dated 23/24.9.1999, the Hon’ble High Court of Himachal Pradesh

has been pleased to order that the District and Sessions Judge, Kinnaur at Rampur Bushahr shall

hold circuit court at Reckong Peo which shall commence from Monday following Second Saturday

and he shall hold sitting during the whole week, from the month of April, 2012.

By order,

Sd/-

Registrar General.

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171001

NOTIFICATION

Shimla, the 30th March, 2012

No. HHC/Rules/14-61/90.—Hon'ble the Chief Justice, High Court of Himachal Pradesh in

exercise of the powers conferred under Article 229 of the Constitution of India and all other

enabling powers in this behalf, is pleased to make the following amendment in “The Himachal

Pradesh High Court Officers and Members of the Staff (Recruitment, Conditions of Service,

Conduct & Appeal) Rules, 2003":

Short title.—These Rules shall be called “The Himachal Pradesh High Court

Officers and the Members of the Staff (Recruitment, Conditions of Se rvice, Conduct &

Appeal) (20th amendment) Rules, 2011.

Commencement.—They shall come into force with immediate effect.

Amendment.—Schedule annexed to "The Himachal Pradesh High Court

Officers and the Membe rs of Staff (Recruitment, Conditions of Service, Conduct & Appeal)

Rules, 2003" shall be substituted by the following:

Sr.

Name

of the

post

No.

post

Mode of appointment

Qualification

Desirable

Scale of pay

(revised)

Peons/

Chowkidars/

Frash/

Chowkidar

-cum-Cook.

a) 40% posts to be filled

up by selection from the

Part

Time

Class-IV

employees working in

the Registry having four

years service as such

failing which by direct

recruitment.

Recruitment to the five

Part-Time

Class-IV

Matricula -

tion for all

categories

For

Chowkidarcum-

cook, three

years xperience

is desirable in a

Government

undertaking or

a reputed hotel.

Rs.4900-

10680

grade

pay

Rs.

1300.

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employees shall be by

direct recruitment.

b) Whenever a new

Chief Justice/Judge is

appointed in the High

Court, one Peon shall be

appointed as per his

choice, to be attached

with him.

c) 30% by absorption

from amongst the peons

of choice appointed.

Provided that such a

person satisfies all the

following conditions:-

(i) Must have rendered

least

four

years

continuous service as a

peon of choice.

(ii) The Chief Justice or

the Judge, as the case

may be with whom such

peon has worked/has

been

working

coterminus basis, has

recorded

his

full

satisfaction about the

performance, character,

and potential for future

service of such person.

(iii) Must not have

crossed the age of 48

years.

(iv) In the event of peon

of choice provided with

the

Chief

Justice/

Judge(s)

being

regularized against an

available vacancy in the

quota, one peon shall be

appointed as per his

choice to be attached

with him.

Explanation:

person

has

been

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appointed peon on co-

terminus basis with a

particular Chief Justice/

Judge but could not

complete four years of

continuous service with

him because of such

Chief

Justice/Judge

demitting office owing

his

transfer/

retirement or for any

other reason and if such

person,

has

started

working with another

Chief Justice/Judge as a

peon

choice

coterminus basis, the

period spent by him

earlier with the out-

going

Chief

Justice/

Judge shall be counted

towards

the

computation

four

years and accordingly,

shall

also

considered

for

appointment in the said

category subject to the

fulfillment

all

eligibility criteria.

However, if no peon of

choice has ever been

regularized in the case

of a Chief Justice/ Judge

and in case the Chief

Justice

Judge

transferred or demits

office, such peon of

choice attached to the

Chief Justice or the

Judge,

shall

regularized in service

without

insisting

for

completion

four

years service.

d) 10% from the Clerks

of the Advocates in the

H.P.

High

Court/

Employees of the H.P.

High

Court

Bar

Five years as

Clerk of an

Advocate/

employee of the

H.P.

High

Court

Bar

Association.

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Association.

e)10%

from

the

Physically

Disabled

Persons.

f)10%

compassionate ground.

Note: The seniority of

Peons of choice when

regularly

appointed

shall

determined

from the date of their

initial appointment as

peons of Choice.

BY ORDER OF HON'BLE THE

CHIEF JUSTICE

(C.B. Barowalia),

Registrar(Subordinate Judiciary and Judicial).

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171 001

NOTIFICATION

Shimla, the 30th March, 2012

No. HHC/Admn. 6 (23)/74-XIV.—Hon’ble the Chief Justice in exercise of the powers

vested in him under Rule 2 (32) of H.P. Financial Rules, 2009, has been pleased to declare the Civil

Judge (Senior Division)-cum-Chief Judicial Magistrate, Kangra at Dharamshala as Drawing and

Disbursing Officer in respect of the Court of Civil Judge (Junior Division)-cum-JMIC (1),

Dharamhala and also the Controlling Officer for the purpose of T.A. etc. in respect of class- II, III

and IV establishments attached to the aforesaid Court under head “2014-Administration of Justice”

w.e.f. 2.4.2012 to 25.4.2012 with permission to prefix Sunday falling on 1.4.2012 or until he

returns from leave.

By order,

Sd/-

Registrar General.

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IN THE COURT OF D.K SHARMA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNALCUM-LABOUR COURT, SHIMLA, (H.P).

Ref No. 38 of 2007

Instituted on. 21.4.2007.

Decided on 4.1.2012

1. Pushpinder Kumar S/o Shri Ram Lal R/o Village Chaha, P.O Masul, Khana, Tehsil

Kasauli, District Solan, H. P.

2. Ashok Kumar S/o Shri Des Raj R/o Village Naryal P.O Taksal, Tehsil Kasauli, District

Solan, H. P.

3. Ranjeet Singh S/o Shri Gopal Singh R/o Village Dubla P.O Patta Masul Khana, Tehsil

Kasauli, District Solan, H. P.

4. Bandana Sharma D/o Shri Ram Lal C/o Shri Diwan Chand, House No. 1100, Talab

Mohalla Kalka.

5. Mukesh Kumar S/o Shri Diwan Chand C/o Hiten Canteen, Plot No.19-C, Sector-2,

Parwanoo, District Solan, H. P.

. . Petitioners.

Vs.

The Managing Director, M/s Ansysco, Plot No. 19-F, Sector-2, Parwanoo, District Solan,

H. P. . .Respondent.

Reference under section 10 Industrial Disputes Act, 1947.

For petitioner : Shri R.K Khidta, Advocate.

For respondent : Shri Dushyant Dadwal, Advocate.

AWARD

The following reference has been received from appropriate government for adjudication:

“Whether the termination of services of (1) Shri Pushpinder Kumar S/o Shri Ram Lal

(2) Ashok Kumar S/o Shri Des Raj (3) Ranjeet Singh S/o Shri Gopal Singh (4)

Bandana Sharma D/o Shri Ram Lal (5) Mukesh Kumar S/o Shri Diwan Chand

workmen by The Managing Director, M/s Ansysco, Plot No. 19-F, Sector-2, Parwanoo,

District Solan, H.P. w.e.f. 15.7.2005 without complying the provisions of Industrial

Disputes Act, 1947, whereas junior to them are retained by the employer as alleged by

the workmen is proper and justified? If not, what relief of service benefits and amount

of compensation the above aggrieved workmen are entitled to?”

2. Petitioners S/Shri Pushpinder Kumar, Ashok Kumar and Mukesh Kumar have filed

separate claim petitions whereas petitioners Km. Bandana Sharma and Ranjeet Singh did not

appear before this court despite valid service and failed to file any claim petition.

It is pleaded by S/Shri Pushpinder Kumar and Ashok Kumar that they were engaged as

trainee operator by the respondent company during the period 17.3.2003 to 17.3.2004. The

petitioners, thereafter, on completion of training period were kept as operators and worked till

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14.7.2005. Petitioner Mukesh Kumar was engaged as operator with effect from 1.4.2002. Mukesh

Kumar was kept as trainee with effect from 1.2.2003 to 1.8.2003 and thereafter worked as an

operator till 14.7.2005.

The petitioners have completed 240 days in a calendar year for the application of section

25-F of the Industrial Disputes Act, 1947. The services of the petitioners were terminated on

15.7.2005 on their refusal to work through a contractor. It is also alleged that while dispensing with

the services of the petitioners, the principle of last come first go was also not followed.

3. The claim is opposed by the respondent on legal objections regarding maintainability.

On merits, it is stated that the petitioners were appointed as trainees for fixed term. The

performance of the petitioners was not satisfactory and on their request training period was

extended. The petitioners have not been issued any appointment letter and were not workmen. The

petitioners were also paid their dues, compensation and one month’s notice in advance. On refusal

of petitioners to accept letters, the amount was sent through registered post.

4. In rejoinder, the petitioner controverted the assertions made in the reply and reaffirmed

the averments of the petition.

5. On the pleadings of the parties, following issues were framed:

1. Whether the termination of the petitioners are bad for want of mandatory provisions of

Industrial Disputes Act, 1947? If so, its effect?

. . OPP

2. If issue no.1 is proved in affirmative, to what relief the petitioners are entitled to?

. . OPP

3. Whether the present petition is not maintainable in the present form?

. .OPR

4. Relief.

5. For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

Issue No.1 No.

Issue No.2 Becomes redundant.

Issue No.3 Yes

Relief.

Reference answered in negative per operative part of award.

Reasons for findings

Issue No. 1 :

6. The petitioners S/Shri Ashok Kumar and Pushpinder Kumar were offered traineeship

on 17.7.2003 vide Ex. RW-1 and they were to be paid stipend of Rs. 2,000/- per month. Petitioner

Shri Mukesh Kumar was offered traineeship on 1.2.2003 for six months vide Ex. RW-1/A and he

was to be paid stipend of Rs. 1800/- per month. They were informed that after the expiry of

training, their engagement will depend upon the requirement of work and performance over the last

twelve months. The training period of the petitioners was extended as mentioned.

7. It is clear from the contents of letters Ex. RW-1 and Ex. RW-2 that the petitioners

S/Shri Pushpinder Kumar and Ashok Kumar were offered traineeship for twelve months and

petitioner Mukesh Kumar for six months The period of training was extended for further one year

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as their performance during the training period was not satisfactory per Ex. RW-2 and Ex. RW-1/B.

They were to be paid stipend of Rs.1800/-and Rs. 2000/- per month. They were to be informed after

the expiry of training period whether they could be offered employment or not. It was dependent on

their progress during the period of training and availability of a suitable vacancy. The traineeship

did not entitle them to claim employment with the respondent company. They were also informed

by the respondent company about the completion of training per Ex. RW-3.Reliance is placed on

decision reported in H.L.J 2009 (1) 155 titled as Vijay Kumar Versus Presiding Judge, Labour

Court and Another wherein it has been held that:

“A Trainee is a learner other than a probationer who is selected for training in any job or

trade, whether paid or unpaid, for such period extending upto three years with no

guarantee of future permanent employment. The trainee cannot be termed as a workman.”

8. It is, thus, evident that the petitioners could not be termed as a workman. Their period

of training could be extended upto three years. They were never offered employment after the

completion of training as noticed above. The respondent company was neither required to issue any

notice nor any compensation was to be paid to them. The notice and compensation is only required

to be paid to a workman as defined under Section 2(s) of the Industrial Disputes Act, 1947. There is

no separate order of confirming them issued by the respondent company and as such the petitioners

always remained as trainee and have never attained the status of workman.

The petitioners otherwise were also served notice and paid retrenchment compensation. The

petitioners as such cannot canvass that their termination is illegal, null and void. Since the

petitioners Km. Bandana Sharma and Ranjeet Singh have not filed their claim, therefore, their

termination is also not illegal and void. The issue is answered against the petitioners.

Issue No. 2 :

12. In view of the findings on issue no.1, this issue become redundant.

Issue No. 3 :

13. The petitioners as held on findings on issue no.1 are not entitled to any relief. The

petitions filed by them, as such, is not maintainable. This issue is answered against the petitioners.

Relief

In the result, the reference is answered in negative. Consequently, petitioners are not

entitled to any relief as prayed. Let a copy of this award be sent to the appropriate government for

publication in official gazette. File, after completion, be consigned to records.

Announced in the open court today on this 4th day of Jan.,, 2012.

Sd/-

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

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Ref.39/2011

Sh Bhag Ram V/s M/s Marico Ltd Ledhimajra, Solan.

6.3.2011:-

Present:- Sh Rahul Mahajan, Advocate for the respondent No.1.

Sh Ram Chander, Advocate for the respondent No. 2.

The parties have entered into a settlement in this case on 13.10.2011. Pursuant to the

settlement, the workers have received full and final payments from respondent no.2 in satisfaction

of their claim and left the job. The copies of full and final satisfaction receipts alongwith

resignations are placed on record. The reference stands answered in terms of the settlement. Let a

copy of this award be sent to the appropriate government for publication in official gazette. File

after completion, be consigned to records.

Announced. 6th March, 2012.

Sd/-

Presiding Judga

Labour Court, Shimla.

_______

THE

COURT

D.K

SHARMA,

PRESIDING

JUDGE,

INDUSTRIAL

TRIBUNALCUM-LABOUR COURT, SHIMLA, (H. P).

Ref No 41 of 2008.

Instituted on. 1.8.2008.

Decided on 11.1.2012.

Ramesh Kumar S/o Shri Raghunath R/o Village Shalyan, P.O Tiyali, Tehsil Theog, District

Shimla, H. P. . .Petitioner.

Vs.

1. The Managing Director, H.P Forest Corporation Limited, Shimla, H. P.

2. The Divisional Manager, HP State Forest Corporation, Ltd. Shimla, H.P.

.. Respondents.

Reference under section 10 Industrial Disputes Act, 1947.

For petitioner : Shri P.P Chauhan, Advocate.

For respondent : Shri Peeyush, Advocate.

AWARD

The following reference has been received from appropriate government for adjudication:

“Whether the termination of services of Shri Ramesh Kumar S/o Shri Raghunath by (1)

The Managing Director, H.P Forest Corporation Limited, Shimla, H.P. (2) The

Divisional Manager, HP State Forest Corporation, Ltd. Shimla, H.P, w.e.f. 14.10.1999

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without conducting any proper enquiry and without complying the provisions of the

Industrial Disputes Act, 1947 is legal and justified? If not, what amount of back wages,

seniority, past service benefits and compensation the above worker is entitled to from

above employer?”

2. It is pleaded that the petitioner was engaged as daily wages Chowkidar by the

respondent in the year 1992. The petitioner was serving at Banga Pani Depot. in District Shimla .

The petitioner was under treatment for severe abdominal pain from 20.6.1999 to 22.6.1999 and

reported for duties on 23.6.1999 when he came to know that on the intervening night of

22/23.6.1999, a theft had taken place at Depot. The respondent conducted preliminary enquiry in

which the petitioner was associated and thereafter, some plain papers were got signed from the

petitioner. On 12.7.1999 one show cause notice was issued and another show cause notice was

issued on 17.6.1999. The respondent without considering the replies of the petitioner, terminated

his services without holding domestic enquiry and following the procedure. The petitioner

challenged the order before the Ld. State Administrative Tribunal which was dismissed for want of

jurisdiction.

3. The claim is opposed by the respondent on legal objections regarding locus standi,

maintainability and estoppel. On merits, it is stated that the petitioner was not a workman. A theft

of sixty scants of “Deodar” was reported from the Bangapani Depot. on the intervening night of

22nd and 23rd June, 1999. The theft took place due to willful absence of the petitioner. The enquiry

was initiated and the petitioner was found to be negligent in performance of his duties and his

services were terminated. The story of illness was concocted one.

4. In rejoinder, the petitioner controverted the assertions made in the reply and reiterated

and reaffirmed the averments of the petition. On the pleadings of the parties, following issues were

framed:-

1. Whether the termination of the services of the petitioner by the respondents w.e.f.

14.10.1999 without conducting any proper domestic enquiry and without complying

the provisions of Industrial Disputes Act, 1947 is illegal and improper as alleged?

.. OPP

2. If issue no.1 is proved, to what amount of back wages, seniority, past service benefits

and compensation the petitioner is entitled to?

. . OPP

3. Whether the petition is not maintainable as alleged?

.. OPR

4. Whether the petitioner has no locus standi to file and maintain the petition? . . OPR

5. Whether the petitioner is estopped from filing the petition by his own acts, deed and

conduct as alleged?

. .OPR

6. Whether the petition is time barred?

. . OPR

Relief.

5. For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

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Issue No.1 Yes.

Issue No.2 Entitled for reinstatement with seniority and continuity in service but without back

wages.

Issue No.3 No.

Issue No.4 No

Issue No.5 No

Issue No.6 No

Relief.

Reference answered in affirmative per operative part of award.

Reasons for findings

Issue No. 1 :

6. It is settled that where the termination is by way of penalty, services of workman can

be terminated only after holding domestic enquiry on establishment of misconduct. Reliance is

placed on decision reported in (1998) 9 SCC-468 in case titled as MCD Vs. Praveen Kumar Jain

and others, wherein it was held that:

“We have heard learned counsel for the appellant as well as learned counsel for respondent

1. In our view, an impossible situation has been created for the appellant. Learned counsel

for the appellant was right when he contended that in the statement of respondent no.1

recorded in the preliminary enquiry he had clearly admitted that he had typed only seven

names of persons eligible for being regularized and the additional two names of Mahender

Kumar and himself were not typed by him. This showed that Mahender Kumar got these

two names inserted and if the benefit of the name of respondent no.1 was to accrue on

account of such interpolation, on broad probabilities respondent no.1 could be said to have

colluded with Mahender Kumar and got his name inserted through his agency at least and

therefore for such misconduct he was required to be suitably dealt with. Unfortunately, for

the appellant the impugned order of termination extracted above does not show that it was

passed after a departmental enquiry wherein the disciplinary authority was satisfied about

the said misconduct. On the contrary, it seeks to terminate the services of respondent no.1

by way of simple discharge and not by way of any penalty. It is only during the proceedings

before the Labour Court that a different stand was taken that it was by way of penalty. This

stand was obviously taken by the appellant because the order of simpliciter termination

would have remained stillborn as section 25-F of the industrial Disputes Act was admittedly

not complied with by the appellant. With this difficulty staring in the face, a stand was taken

that if it was by way of penalty. If it was by way of penalty then at least a regular

departmental enquiry had to be conducted. It was also required to be followed by the

enquiry officer’s report resulting in adverse finding against respondent no.1 and its

acceptance by the disciplinary authority. Nothing of this sort was done. There is neither the

enquiry officer’s report holding respondent no.1 guilty of charge which in fact was never

framed against him nor if there any acceptance of such a finding of the enquiry officer by

the disciplinary authority. In fact the disciplinary authority has never held respondent no.1

guilty of any charge of misconduct. It is also interesting to note that while challenging the

award of the Labour Court in writ petition the appellant clearly stated in para no.3 of the

writ petition that since respondent no.1 and Shri Mahender Kumar were merely on casual

engagement/muster roll employees and were not regular employees of the petitioner-

corporation or that of DDA, they were not entitled to a departmental enquiry has his

required for the regular employees of the petitioner-corporation. As such a stand was taken,

it is obvious that the termination order based on misconduct is not the result of any

departmental enquiry against respondent no.1. Consequently, the impugned order of

termination would fail even on that ground. If it is a simpliciter discharge order it is

violative of section 25-F of Industrial Disputes Act and if it is a penalty order, as contended

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by the appellant, it would fail on merit as not having followed the producer of departmental

enquiry. In either view of the matter, the impugned order must be held to be rightly set aside

by the Labour court and the said decision was also rightly confirmed by the High Court.

7. Once the ratio of the said decision is applied to this case, it is evident that on finding

that theft of sixty two scants of deodar took place from Road Side Depot., Bangapani and the

petitioner was found absconding, it was incumbent upon the respondent to appoint enquiry officer

to go into the truthfulness of the charges but the respondent has failed to do so.

8. Importantly, there is preliminary enquiry report dated 23.6.1999 conducted by

Divisional Manager. The Divisional Manager had found that sixty two scants of deodar were stolen

from Road Side Depot., Bangapani. S/Shri Krishan Lal, Chowkidar and “Pujari” were questioned.

Shri Krishan Lal Chowkidar had stated that he was fast sleep. “Pujari” was away. The petitioner

was found absconding. S/Shri Molak Raj and Rakesh Kumar were also questioned. On the strength

of said preliminary enquiry, show cause notice about willful absence for the period 20.6.1999 to

22.6.1999 dated 12.7.1999 per copy Ex. R-1/A was issued to the petitioner that as to why

disciplinary action including termination be not ordered for misconduct. The petitioner in the reply

stated that he was suffering from severe pain and fever and he (petitioner) had requested co-

chowkidar to convey the message to the Forest Guard and Block Officer.

9. The Divisional Manager after considering the reply of the petitioner issued show cause

notice dated 17.8.1999 per copy Ex. R-1/B as to why the services of the petitioner be not

terminated. The petitioner in his reply Ex. PW-1/C dated 31.8.1999 to the show cause notice had

submitted that he was ill and he had also enclosed medical certificate in support of his illness. So,

whether the absence of the petitioner on 20.6.1999 to 22.6.1999 was caused for the reasons beyond

his control or was wilfull could have been established by appointing enquiry officer to examine the

allegations whether the medical certificate filed by the petitioner was genuine or not or he was

forced by the circumstance to leave the place of duties. The respondent however, did not conduct

any enquiry to find the genuineness of the reasons for absence of the petitioner and proceeded to

terminate the services of the petitioner after issuance of notice dated 14.10.1999. The failure of the

respondent to conduct domestic enquiry against the petitioner makes it clear that the petitioner has

not been afforded opportunity of being heard and there is violation of the principles of natural

justice. The order by way of penalty is illegal. The role is not attributed to the petitioner that he had

in any manner connived in the commission of theft of sixty two scants of deodar. Deodar scants

were stolen at a time when the petitioner was not at the place. Shri Krishan Lal Chowkidar was at

the depot. Therefore, it is clear that there was Chowkidar on watch and ward duty. The imposition

of penalty of termination of services of the petitioner, in such circumstances, was also

disproportionate to the misconduct. The order terminating the services of the petitioner is also bad.

10. Section 25-F of the Act envisaged issuance of notice of month’s notice before

termination. On referring to notice Ex. R-1/C, it is apparent that it is dated 14.10.1999 whereas the

endorsement on this notice bears date 18.10.1999. Notice was served after expiry of four days of its

issue nor retrenchment compensation was paid with the notice for the service rendered for the

period 1992 to 1999 and as such cannot be held to be 30 days notice, therefore, the notice is vitiated

and is quashed. The issue is answered in favour of the petitioner.

Issue No. 2:

11. The findings on issue no.1 make it clear that the termination of the services of the

petitioner is illegal and unjustified and the petitioner is entitled to reinstatement in service

alongwith seniority and continuity. The petitioner is not entitled to back wages for the period for

which he remained out of work. In case reported in 2010 (1) SLJ S.C 70, titled as M/s Ritu Marbals

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Vs. Prabhakant Shukla, the Hon’ble Apex Court has observed that “full back wages cannot be

granted mechanically, upon an order of termination being declared illegal and that reinstatement

must not be accompanied by payment of full back wages even for the period when the workman

remained out of service and contributed little or nothing to the Industry” . This issue is partly

answered in favour of the petitioner.

Issue No. 3 :

12. The petitioner as held on findings on issue no.1 is entitled to reinstatement. The claim

filed by him as such is maintainable. This issue is answered in favour of the petitioner.

Issue No. 4 :

13. The termination of the services of the petitioner as held on findings on issue no.1

above is illegal. The petitioner is entitled to reinstatement with seniority and continuity. The

petition as such is maintainable. This issue is answered against the respondent.

Issue No. 5 :

14. The respondent has not brought any evidence to substantiate this issue. This issue is

answered against the respondent.

Issue No. 6 :

15. It could not be explained by the respondent as to why the claim of the petitioner is time

barred. In case reported in (1999) 6 SCC 82, Ajayab Singh Vs. Sirhind Co-operative Marketing –

cum- processing Service Society Limited and Anothe , Apex Court has observed that:

“The provisions of Article 137 of the Schedule to Limitation Act, 1963 are not applicable to

the proceedings under the Industrial Disputes Act and that the relief under it cannot be

denied to the workman merely on the ground of delay. The plea of delay if raised by the

employer is required to be proved as a matter of fact by showing the real prejudice and hot

as a merely hypothetical defence. No reference to the labour court can be generally

questioned on the ground of delay alone.”

16. Inview of law laid down by Apex Court, the claim of the petitioner is not time barred.

The issue is answered in favour of the petitioner.

Relief

In the result, the reference is answered in affirmative. Consequently, petitioner is held

entitled to reinstatement in service alongwith seniority and continuity but without back wages. Let

a copy of this award be sent to the appropriate government for publication in official gazette. File,

after completion, be consigned to records.

Announced in the open court today on this 11th day of Jan., 2012.

Sd/-

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

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THE

COURT

D.K

SHARMA,

PRESIDING

JUDGE,

INDUSTRIAL

TRIBUNALCUM-LABOUR COURT, SHIMLA, (H. P).

Ref No. 60 of 2004.

Instituted on. 22.3.2004.

Decided on 21.1.2012.

Yadvinder Sharma S/o Shri Rama Nand Sharma R/o Village Banjui, P. O. Sadraghat, Tehsil

Kandaghat, District Solan, H. P. . .Petitioner.

Vs.

The Executive Engineer, I&PH Division, Solan, District Solan, H. P. . . Respondent.

Reference under section 10 Industrial

Disputes Act, 1947.

For petitioner : Shri J.R Sharma, Advocate.

For respondent : Shri Jagdish Kanwar, DY. DA.

AWARD

The following reference has been received from appropriate government for adjudication:

“Whether the termination of services of Shri Yadvinder Sharma s/o Shri Rama Nand

Sharma daily wages workman by the Executive engineer, I&PH Division, Solan, H.P

w.e.f. 1.9.2000 without complying the provisions of the Industrial Disputes Act, 1947 is

proper and justified? If not, what relief of service benefits and amount of compensation,

the above aggrieved workman is entitled to?”

1. It is averred that the petitioner was engaged as a daily wager by the respondent on

1.8.1998. The petitioner has completed 240 days in a calendar year for the application of section

25-F Industrial Disputes Act, 1947. However, the services of the petitioner were dispensed with

without complying with the provisions of Industrial Disputes Act. It is also alleged that while

dispensing with the services of the petitioner, the principle of last come first go was also not

followed.

2. The claim is opposed by the respondent on legal objection regarding maintainability.

On merits, it is stated that the petitioner has worked upto August, 2000 on daily wages. The

petitioner left the job on his own. The dispute was not covered under the provisions of Industrial

Disputes Act.

3. The reference was dismissed in default by this Court on 29.6.2005. the petitioner filed

writ petition against the aforesaid order before the Hon’ble High Court and the order dated

29.6.2005 was set aside and the reference was remitted to this Court for decision.

4. On the pleadings of the parties, following issues were framed:-

1. Whether the termination of services of the petitioner by the respondent with effect

from 1.9.2000 is in violation fo the provisions of Industrial Disputes Act, 1947?

. . OPP.

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2. If issue no.1 is proved in affirmative, to what relief of service benefits the petitioner is

entitled to?

. .OPP.

Relief.

5. For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

Issue No.1 Yes.

Issue No. 2 Entitled for reinstatement with effect from 3.1.2011 but without back wages.

Relief.

Reference answered in affirmative per operative part of award.

Reasons for findings

Issue No. 1 :

6. It is apperant from the statement of petitioner Shri Yadvinder Sharma (PW-1), Shri

Mandeep Gupta (RW-1), posted as Asistant Engineer, IPH Division Kandaghat and mandays chart

Ex. R-2 that the petitioner had completed 240 days of service preceding his termination, that is,

between 1.9.1999 to 31.8.2000 when according to him, the services were terminated. Thus, he was

entitled for the protection of section 25-F of the Act. However, since he was not served with one

month’s notice, the retrenchment is bad in the eyes of law entitling him to relief.

7. The plea of abandonment of job by the petitioner is not established. There is no iota of

evidence on record which could go to show that the petitioner left the job on his own as no notice

or letter regarding the abandonment of the job by the petitioner is placed on record by the

respondent. In the absence of such record, inference cannot be drawn that the petitioner abandoned

the job. Reliance is placed on decision reported in AIR 1979 SC 582 case titled as G.T Lad and

others Vs. Chemicals and Fibers India Ltd. where it was held that:

“From the connotations reproduced above it clearly follows that to constitute

abandonment, there must be total or complete giving up of duties so as to indicate an

intention not to resume the same. In Buckingham Co. v. Venkatiah (1964) 4 SC R 265:

(AIR 1964 SC 1272), it was observed by this Court that under common law an

inference that an employee has abandoned or relinquished service is not easily drawn

unless from the length of absence and from other surrounding circumstances an

inference to that effect can be legitimately drawn and it can be assumed that the

employee intended to abandon service. Abandonment or relinquishment of service is

always a question of intention, and normally, such an intention cannot be attributed to

an employee without adequate evidence in that behalf. Thus whether there has been a

voluntary abandonment of service or not is a question of fact which has to be

determined in the light of the surrounding circumstances of each case.”

8. The respondent has not violated the principles of last come first go. S/shri Baldev

Singh, Joginder Singh and Sita am were engaged on 1.10.1992, 1.3.1998 and 1.8.1998 per extract

of muster rolls Ex. R-3 to Ex. R-5 and were senior to the petitioner and were engaged after court

orders per extract Ex. R-6 to Ex. R-8. Thus, there is no violation of provisions of sections 25-G and

25-H Industrial Disputes Act, 1947.

9. Thus, it is evident that the petitioner had completed continuous service of 240 days

preceding his termination. The termination of the services of the petitioner by the respondent, in

such circumstances, is violation of the provisions of section 25-F Industrial Disputes Act. This

issue is answered in favour of the petitioner.

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Issue No. 2 :

10. The termination of services of the petitioner by the respondent is illegal and unjustified

and the petitioner is entitled to reinstatement in service. The reference was dismissed in default on

29.6.2005 and the petitioner filed Civil Writ Petition no. 683 of 2011 against the order before the

Hon’ble High Court in the year 2011. The Hon’ble High Court per order dated 28th February, 2011

while disposing of the reference in para 10 has made an observation about moulding of relief in

following terms :

“We make it clear that in the event of the Labour Court answering the reference in favour of

the petitioner, while moulding the relief, the petitioner shall not be entitled to any benefit

during the period between 19.7.2004 and 2.1.2011 in view of the delay and laches

attributable to the petitioner.

11. The aforesaid order passed by the Hon’ble High Court makes it clear that the petitioner

is not entitled to any benefit for the period 19.7.2004 and 2.1.2011. Since, the services of the

petitioner have been terminated illegally without following the mandatory provisions of section 25-

F of the Industrial Disputes Act, 1947, the petitioner is entitled to reinstatement in service with

effect from 3.1.2011 but without back wages. This issue is partly answered in favour of the

petitioner.

Relief

In the result, the reference is partly answered in affirmative. Consequently, petitioner is held

entitled for reinstatement in service with effect from 3.1.2011 but without back wages. Let a copy

of this award be sent to the appropriate government for publication in official gazette. File, after

completion, be consigned to records.

Announced in the open court today on this 21st day of January, 2012 in the presence of

parties counsel.

Sd/-

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

_________

IN THE COURT OF D.K SHARMA, PRESIDING JUDGE, INDUSTRIAL TRIBUNALCUM-

LABOUR COURT, SHIMLA, (H.P).

Ref No. 60 of 2007

Instituted on. 2007.

Decided on 5.1.2012.

Rajinder Sharma S/o late Shri Sehdev Sharma R/o Village and P.O Sholi, Tehsil Nankhari,

District, Shimla, H.P.

..Petitioner.

Vs.

The Managing Director, Woodville Palace Resorts (P) Ltd., Woodville Palace, Raj Bhawan

Road, Shimla-2

..Respondent.

Reference under section 10 Industrial Disputes Act, 1947.

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For petitioner : Shri Rakesh Manta, Advocate.

For respondent : Shri Rahul Mahajan, Advocate.

AWARD

The following reference has been received from appropriate government for adjudication:

“Whether the employee Shri Rajinder Sharma S/o late Shri Sehdev Sharma is a workman

or not and termination of his services by the Managing Director, Woodville Palace

Resorts (P) Limited, Woodville Palace, Raj Bhawan Road, Shimla-2 w.e.f. 01.01.2004

without holding any domestic enquiry and without complying the provisions of the

Industrial Disputes Act, 1947 is proper and justified? If not, what relief of service benefits

and amount of compensation, the above aggrieved workman is entitled to?”

2. It is averred that the petitioner was engaged as Front Office Manager by the respondent

in the year, 1995 in his Hotel known as Woodville Palace on a salary of Rs. 3,000/- per month. The

petitioner was promoted as Assistant Manager in the year, 2001 and was drawing Rs. 8,000/- per

month + Rs. 2,000/- over time. The entire supervisory functions, affairs and management of the

Hotel were being discharged by the respondent. The petitioner was only to obey the command of

the employer. The services of the petitioner were terminated on 1.1.2004 without complying with

the provisions of the Industrial Disputes Act, 1947. The petitioner was not paid salary for the period

July, 2003 to December, 2003. The petitioner was also not paid gratuity and medical

expenses/miscellaneous expenditure etc. The petitioner was entitled to payment of salary to the

tune of Rs. 4,32,000/-, over time allowances to the tune of Rs. 1,08,000/-, gratuity to the tune of Rs.

96,000/- and medical expenses/miscellaneous expenditure to the tune of Rs. 90,000/- that is a total

sum of Rs. 7,26,000/- alongwith interest @ of Rs. 18% per annum.

3. The claim is opposed by the respondent on legal objections regarding maintainability

and status of the petitioner as workman. On merits, it is stated that the petitioner was not workman

and was working as Assistant General Manager drawing salary of Rs. 7,000/- per month with

facility of free food, beverages and other perks. The petitioner was mainly performing the

supervisory, managerial and administrative functions. The petitioner had been misappropriating the

funds, that is, forging of kitchen order tickets, bills, cash and purchase. On acquiring knowledge of

misappropriation, the respondent intended to lodge FIR. The services of the petition lodge FIR

against him.

4. In rejoinder, the petitioner controverted the assertions made in the reply and reaffirmed

the averments of the petition.

5. On the pleadings of the parties, following issues were framed:

1. Whether Shri Rajinder Sharma is a workman?

..OPP.

If issue no.1 is proved, whether the termination of services of petitioner by the

M.D Woodville Palace Resorts (P) Limited, Shimla-2 w.e.f. 1.1.2004 without

holding any domestic enquiry and without complying the provisions of the

Industrial Disputes Act, 1947 is proper and justified as alleged?

..OPR.

3. Relief.

6. For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

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Issue No.1 No.

Issue No.2 Become redundant.

Relief. Reference answered in negative per operative part of award.

Reasons for findings

Issue No.1.

7. “Workman” in section 2(s) is defined as follows:

“workman" means any person (including an apprentice) employed in any industry to do any

manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or

reward, whether the terms of employment be express or implied, and for the purposes of

any proceeding under this Act in relation to an industrial dispute, includes any such person

who has been dismissed, discharged or retrenched in connection with, or as a consequence

of, that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute, but

does not include any such person:

(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of

1950), or the Navy Act, 1957 (62 of 1957); or

(ii) who is employed in the police service or as an officer or other employee of a prison; or

(iii) who is employed mainly in a managerial or administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand

six hundred rupees per mensem or exercises, either by the nature of the duties attached

to the office or by reason of the powers vested in him, functions mainly of a

managerial nature.”

8. The Apex Court in case reported in 1971 Lab. IC 699 (vol.4, C.N. 166) in case titled as

The Burmah Shell Management Staff Association Vs. The Burmah Shell Management Staff

Association and others has observed as follows: -

“The next aspect that has to be taken notice is of that, in practice, quite large number of

employees are employed in industries to do work of more than one of the kinds mentioned

in the definition. In cases where an employee is employed to do purely skilled or unskilled

manual work, or supervisory work, or technical work, or clerical work, there would be no

difficulty in holding him to be a workman under the appropriate classification. Frequently,

however, an employee is required to do more than one kind of work. He may be doing

manual work as well as supervisory work, or he may be doing clerical work as well as

supervisory work. He may be doing technical work as well as clerical work. He may be

doing technical as well as supervisory work. In such cases, it would be necessary to

determined under which classification he will fall for the purpose of finding out whether he

does or does not go out of the definition of “workman” under the exceptions. The principle

is now well settled that, for this purpose, a workman must be held to be employed to do that

work which is the main work he is required to do, even though he may be incidentally doing

other type of work.”

9. In case reported in 2006-III LLJ (767) titled as Anand regional Co.op. Oil

Seedsgrowers Union Ltd. Vs. Shailesh Kumar Harshad Bhai Shah it was observed by the Hon’ble

Supreme Court that:

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“For determining the question as to whether a person employed in an industry is a workman

or not; not only the nature of work performed by him but also terms of the appointment in

the job performed are relevant considerations”

“Supervision contemplates direction and control. While determining the nature of the work

performed by an employee, the essence of the matter should call for consideration. An

undue importance need not be given for the designation of an employee, or the name

assigned to the class to which he belongs. What is needed to be asked is as to what are the

primary duties he performs. For the said purpose, it is necessary to prove that there were

some persons working under him whose work is required to be supervised. Being incharge

of section alone and that too it being a small one and relating to quality control would not

answer the test.”

10. The question, as such, whether a person is employed in a supervisory capacity or on

clerical work, depends upon whether the main and principal duties carried out by him are those of a

supervisory character, or of a nature carried out by a clerk. If a person is mainly doing supervisory

work, but, incidentally or for a fraction of the time, also does some clerical work, it would have to

be held that he is employed in supervisory capacity; and, conversely, if the main work done is of

clerical nature, the mere fact that some supervisory duties are also carried out incidentally or as a

small fraction of the work done by him will not convert his employment as a clerk into one in

supervisory capacity.

11. In the instant case, the petitioner was holding the post of Assistant General Manager.

Per RW-1 Shri Vijay Sharma, General Manager and RW-2 Shri Sant Ram Bhardwaj, Accounts

Manager, the petitioner was certainly performing supervisory and managerial duties and used to

look-after all the departments that is house-keeping, kitchen, general repair and maintenance in the

Hotel. The petitioner was also responsible to sanction/grant leave to the workers and staff working

under him. Per RW-3 Shri Man Singh, Chef, the work of kitchen was under supervision and control

of the petitioner. The petitioner used to give directions to the staff of the Hotel and he (RW-3) Man

Singh used to tell about the requirements of provisions to petitioner and the petitioner used to order

for the same. On the directions of the petitioner about nature, food was being prepared. The nature

of duties of the petitioner was such that he was performing supervisory and managerial duties.

Reliance is placed on decision reported in 1985-1 CLR 318 in case titled as Vinayak Baburao

Shinde Vs. S.R Shinde in which it was held that:

“The word “Supervise” means to oversee, that is to look after the work done by other

persons. The word “Supervision” occurring in section 2(s) of the Industrial Disputes Act

means supervision in relation to work or in relation to persons. The essence of supervision

consists in overseeing by one person over the work of others. This also involves a power in

the person overseeing to direct and control the work done by the persons over whom he is

supervising. In an industrial establishment normally there are three layers of work. One is

the clerical or the manual work which is done by the workman: the second is the

supervisory work done by a supervisor; and at a higher level is the work of a manager.”

13. The petitioner had also authority to confirm the booking per letters Ex. RC and Ex. RD

and give discounts per bill Ex. RF dated 22.1.1997. There is nothing on record to make out that the

petitioner issued these bills under the directions of the respondent or Shri Vijay Sharma, General

Manager (RW-1) of the respondent Hotel. The duties were supervisory and managerial. The

testimony of the petitioner that he was obeying the command of the employer without specifying

the nature of duties cannot be construed to hold that he was not discharging any supervisory and

managerial duties and that he was not a workman. The non production of record of wages does not

in any manner abrogate the case of the respondent. Ex. RE is the list of

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employees of the respondent Hotel for the months of September to December, 1998 wherein the

payment made to the employees of the respondent including petitioner has been reflected. This fact

rather substantiates the case of the respondent that the petitioner was working as Assistant General

Manager with the respondent. Thus, it is clear that the petitioner was performing supervisory,

managerial and administrative functions in the respondent Hotel and was not a workman as defined

under section 2(s) of the Industrial Disputes Act, 1947. The issue is answered against the petitioner.

Issue No. 2:

14. The findings recorded on issue no.1 is that the petitioner is not a workman, therefore,

this issue become redundant.

Relief.

In the result, the reference is answered in negative and as such the petitioner is not entitled

to any relief as claimed. Let a copy of this award be sent to the appropriate government for

publication in official gazette. File, after completion, be consigned to records.

Announced in the open court today on this 5th day of Jan., 2012.

Sd/-

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

________

IN THE COURT OF D.K SHARMA, PRESIDING JUDGE, INDUSTRIAL TRIBUNALCUM-

LABOUR COURT, SHIMLA, (H.P).

Ref No. 60 of 2009.

Instituted on. 17.8.2009.

Decided on 7.1.2012.

Rama Devi W/o late Shri Kishan Lal R/o Village Awani, P.O Chaner, Tehsil Theog District

Shimla, H.P.

..Petitioner.

Vs.

The Executive Engineer, Electrical Division no. II HPPWD Shimla

..Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner : Shri Parkash Chand, Advocate.

For respondent : Shri Jagdish Kanwar, Dy. DA.

AWARD

The following reference has been received from appropriate government for adjudication:

“Whether the termination of services of Smt. Rama Devi W/o late Shri Kishan Lal by the

Executive Engineer, Electric Division No.II HPPWD Shimla -3 w.e.f. 30.9.2001 without

complying the provisions of the Industrial Disputes Act, 1947 is proper and justified? If not,

what relief of service benefits the above worker is entitled to?”

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2. It is pleaded that the petitioner was engaged as beldar by the respondent on 10.3.1999.

The petitioner worked from 10.3.1999 to 20.4.1999 at HP PWD Sub Division IGMC Shimla and

from 1.5.1999 to 30.5.1999 with HP PWD Sub Division Reckong Peo. The petitioner, thereafter,

worked with effect from 1.7.1999 to 24.2.2001 with fictional breaks with HP PWD Electric Sub

Division, Theog. The services of the petitioner were terminated with effect from 30.9.2001 vide

notice dated 29.8.2001. The petitioner was reinstated by the order of the Ld. Administrative

Tribunal. However, the services of the petitioner were dispensed with with effect from 30.9.2001

without complying the provisions of the Industrial Disputes Act, 1947.

3. The claim is opposed by the respondent on legal objections regarding maintainability.

On merits, it is stated that the petitioner had worked during the period on 89 days basis. The

services of the petitioner were terminated vide notice dated 28.8.2001 with effect from 30.9.2001.

A hand receipt amounting to Rs. 1479/- was prepared on account of compensation and the

petitioner did not turn up to receive the amount of compensation.

4. On the pleadings of the parties, following issues were framed:-

1. Whether the services of the petitioner have been terminated illegally and in an

unjustified manner without complying with the provisions of Industrial Disputes

Act, 1947 as alleged?

..OPP.

2. If issue no.1 is proved to what service benefits, the petitioner is entitled to?

.OPP.

3. Relief.

For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

Issue No. 1 Yes.

Issue No. 2 Entitled for reinstatement with seniority and continuity in service but without back

wages.

Relief.

Reference answered in affirmative per operative part of award.

Reasons for findings

Issue No.1:

6. It is apparent from the mandays chart Ex. PA, testimony of petitioner (PW-1) and Ex.

RD, copy of order dated 16.7.2001, that the petitioner had completed 240 days prior to her

termination on 24.9.2001. The petitioner was reinstated pursuant to order dated 16.7.2001 which

makes it clear that the petitioner continued in service from 24.2.2001 to 30.9.2001. Thus, the

petitioner was entitled for the protection of section 25-F of the Industrial Disputes Act, 1947.

7. Notice Ex. RB dated 29.8.2001 makes it clear that the services of the petitioner were

ordered to be terminated from 30.9.2001 and there is also reference in this notice that the petitioner

may collect the compensation amount from the office during the month. The notice was served on

the petitioner on 30.8.2001 per receipt Ex. RC. The notice was not accompanied with the amount of

retrenchment compensation as envisaged in section 25-F of the Industrial Disputes Act, 1947. The

petitioner had worked for 227, 231 and 124 days during the year 1999 to 2001 and was entitled to

retrenchment compensation of 15 days wages for every completed year inview of provisions

contained in section 25-B and 25-F of the Act. The amount of compensation payable to the

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petitioner comes to Rs. 2294/-. The petitioner was not paid the aforesaid amount of compensation

by the respondent with the retrenchment notice as the amount of retrenchment compensation as

reflected in hand written receipt Ex. RE is Rs. 1479/-. Therefore, it is evident that the respondent

did not pay retrenchment compensation to the petitioner as required under the provisions of section

25-F of the Act. The respondent, in such a situation, cannot also canvas that the petitioner did not

collect the amount from the office. Thus, the notice terminating the services of the petitioner is not

valid and is hereby quashed. The issue is answered in favour of the petitioner.

Issue No. 2:

8. The findings on issue no.1 make it clear that the termination of the services of the

petitioner is illegal and unjustified and the petitioner is entitled to reinstatement in service

alongwith seniority and continuity. The petitioner is not entitled to back wages for the period for

which she remained out of work. In case reported in 2010 (1) SLJ S.C 70, titled as M/s Ritu

Marbals Vs. Prabhakant Shukla, the Hon’ble Apex Court has observed that “full back wages

cannot be granted mechanically, upon an order of termination being declared illegal and that

reinstatement must not be accompanied by payment of full back wages even for the period

when the workman remained out of service and contributed little or nothing to the Industry”

. This issue is partly answered in favour of the petitioner.

Relief

In the result, the reference is answered in affirmative. Consequently, petitioner is held

entitled for reinstatement in service with seniority and continuity with effect from the date of his

termination but without back wages. Let a copy of this award be sent to the appropriate government

for publication in official gazette. File, after completion, be consigned to records.

Announced in the open court today on this 7th day of Jan.,, 2012.

Sd/-

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

_______

Ref. 71/2005

Sh Ram Lok V/s M.D.Ganesh Floor Mills, Baddi.

13.1. 2012:

Present:- Sh J. C. Bhardwaj ,AR for the petitioner.

Sh.Kulbhushan Gupta, Advocate with Shri Pankaj Goel, Partner. authorized signatory for

respondent.

The Parties have entered into a settlement in this case and pursuant to the settlement the

respondent is to pay Rs.25,000/-(Rs.Twenty Five Thousand only.) as compensation to the petitioner

within fifteen days. The amount of compensation so paid is in full and final settlement of the claim

of the petitioner per statements. The reference stands answered in terms of the settlement and the

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award is enforceable forthwith. Let a copy of this award be sent to the appropriate government for

publication in official qazette. File after completion, be consigned to records.

Announced.

13th Jan 2012.

Sd/-

Presiding Judge

Labour Court, Shimla.

________

IN THE COURT OF D.K SHARMA, PRESIDING JUDGE, INDUSTRIAL TRIBUNALCUM-

LABOUR COURT, SHIMLA, (H.P)

Ref No. 66 of 2009.

Instituted on. 17.08.2009.

Decided on .25.02.2012

Sh. Adha Singh S/o Sh. Mungi Ram, Village Punan, P.O. & Sub Tehsil Nankhari, Distt.

Shimla, H.P.

..Petitioner.

Vs.

The Executive Engineer, I & PH DivisionRampur Bushahr, Distt. Shimla, H.P.

..Respondent.

Reference Under Section 10 of the Industrial Disputes Act, 1947.

For petitioner :- Shri Bhagwan Chand, Advocate.

For respondent :- Shri Jagdish Kanwar, Dy. DA.

AWARD

The following reference has been received from appropriategovernment for adjudication:

“Whether termination of the service of Sh. Adha Singh S/o Sh. Mungi Ram, by The

Executive Engineer, IPH, Division Rampur Bushahr, Distt. Shimla w.e.f. year 29.6.2000

without following the provisions of Industrial Disputes Act,1947 is proper and justified ?

If not, what relief of service benefits including reinstatement & compensation the above

workman is entitled to?”

1. It is averred that the petitioner was engaged as daily waged beldar on 10th October,

1996 in Sub Division Nankhari by the respondent. The petitioner has completed 240 days in a

calendar year for the application of section 25-F of the Industrial Disputes Act, 1947 (hereinafter

referred to as Act). However, the services of the petitioner were dispensed with without complying

with the provisions of the Act. It is also alleged that while dispensing with the services of the

petitioner, “the principle of last come first go” was also not followed.

2. The claim is opposed by the respondent on legal objections regarding maintainability

and limitation. On merits, it is stated that the petitioner was engaged as daily waged beldar in

June,1996 and worked intermittently till June, 2000. The petitioner never worked for 240 days in

any calendar year. The petitioner abandoned the job on his own in June, 2000. Prem Chand was

engaged as work inspector in the year 1998 against different catogary.

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3. On the pleadings of the parties, following issues were framed:-

1. Whether the services of the petitioner have been illegally terminated in

contravention of the provisions of the Industrial Disputes Act, 1947 as alleged?

..OPP.

2. If issue no.1 is proved in affirmative, to what service benefits, the petitioner is

entitled to?

..OPP.

3. Whether this petition is barred by limitation?

..OPR

4. Relief.

4. For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

Issue No. 1

Yes.

Issue No. 2

Entitled for reinstatement with seniority and continuity in service but without back

wages.

Issue No. 3

No.

Relief.

Reference answered in affirmative per operative part of award.

Reasons for findings

Issue No.1:

5. It is apparent from the mandays chart Ex.RA that in fact the petitioner was engaged in

June, 1996 and not in October,1996. He was retrenched on 29.06.2000. He had completed only 169

days, 172 days, 147 days, 193 days and 114 days in the years, 1996, 1997, 1998, 1999 and 2000 per

mandays chart. The petitioner had not completed 240 days of service in a calendar year to seek the

protection of section 25-F of the Act.

6. The respondent has not followed the principle of last come first go. S/Shri Chet Ram,

Vijay and Ms. Seema who were junior to the petitioner are still working with the respondent. Shri

Dila Ram, Clerk, in the office of XEN, IPH, Rampur Division testified that S/Shri Chet Ram, Vijay

and Ms. Seema were engaged in the year 1996,1997 and 1997 respectively, that is, after the

engagement of the petitioner., There is violation of provisions of sections 25-G and 25-H of the Act

which also entitles the petitioner to relief. Reliance may also be placed on decision reported in 2007

LLR 72 SC in case titled as State of Haryana Vs. Dilbag Singh and 2011 LLR 107 (P and H) in

case titled as Deepak Kumar Gaur Vs. State of Haryana.

7. The plea of abandonment of job by the petitioner is not established. The testimony of

RW-2 Shri Chhangu Ram, Assistant Engineer that the petitioner abandoned the job is not fortified

by any notice or letter regarding the abandonment of job by the petitioner. In the absence of such

record, inference cannot be drawn that the petitioner abandoned the job. Reliance is placed on

decision reported in AIR 1979 SC 582 case titled as G.T Lad and others Vs. Chemicals and

Fibers India Ltd. where it was held that:

“From the connotations reproduced above it clearly follows that to constitute

abandonment, there must be total or complete giving up of duties so as to indicate an

intention not to resume the same. In Buckingham Co. v. Venkatiah (1964) 4 SC R 265: (AIR

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1964 SC 1272), it was observed by this Court that under common law an inference that an

employee has abandoned or relinquished service is not easily drawn unless from the length of

absence and from other surrounding circumstances an inference to that effect can be

legitimately drawn and it can be assumed that the employee intended to abandon service.

Abandonment or relinquishment of service is always a question of intention, and normally,

such an intention cannot be attributed to an employee without adequate evidence in that

behalf. Thus whether there has been a voluntary abandonment of service or not is a question

of fact which has to be determined in the light of the surrounding circumstances of each

case.”

8. Thus, it is evident that juniors to petitioner S/Shri Chet Ram, Vijay and Ms. Seema are

still working with the respondent and as such the termination of the services of the petitioner by the

respondent in such circumstances is violation of the provisions of sections 25-G and 25-H of the

Industrial Disputes Act. This issue is answered in favour of the petitioner.

Issue No. 2:

9. The termination of services of the petitioner by the respondent is illegal and unjustified

and the petitioner is entitled to reinstatement in service alongwith seniority and continuity. The

petitioner is not entitled to back wages as he has not placed any material on record to substantiate

that he was not gainfully employed. This issue is partly answered in favour of the petitioner.

Issue No. 3.

10. The petitioner as held on findings on issue no.1 is entitled to reinstatement. The claim

filed by him as such is maintainable. This issue is answered in favour of the petitioner.

Relief

In the result, the reference is answered in affirmative. Consequently, petitioner is held

entitled for reinstatement in service with seniority and continuity with effect from the date of his

termination but without back wages. Let a copy of this award be sent to the appropriate government

for publication in official gazette. File, after completion, be consigned to records.

Announced in the open court today on this 25th February, 2012 in the presence of parties

counsel.

Sd/-

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

________

IN THE COURT OF D.K SHARMA, PRESIDING JUDGE, INDUSTRIAL TRIBUNALCUM-

LABOUR COURT, SHIMLA, (H.P).

Ref No. 62 of 2009

Instituted on. 17.08.2009.

Decided on .25.02.2012

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Sh. Prem Chand S/o Sh. Pashu Ram, Village Punan, P.O. & Sub Tehsil Nankhari, Distt.

Shimla, H.P.

.. Petitioner.

Vs.

The Executive Engineer, I & PH DivisionRampur Bushahr, Distt. Shimla, H.P.

.. Respondent.

Reference Under Section 10 of the Industrial Disputes Act, 1947.

For petitioner :- Shri Bhagwan Chand, Advocate.

For respondent :- Shri Jagdish Kanwar, Dy. DA.

AWARD

The following reference has been received from appropriate government for adjudication:

“Whether termination of the service of Sh. Prem Chand S/o Sh. Pashu Ram, by The

Executive Engineer, IPH, Division Rampur Bushahr, Distt. Shimla w.e.f. year 29.6.2000

without following the provisions of Industrial Disputes Act,1947 is proper and justified ?

If not, what relief of service benefits including reinstatement & compensation the above

workman is entitled to?”

1. It is averred that the petitioner was engaged as daily waged beldar on 10th October,

1996 in Sub Division Nankhari with the respondent. The petitioner has completed 240 days in a

calendar year for the application of section 25-F of the Industrial Disputes Act, 1947 (hereinafter

referred to as Act). However, the services of the petitioner were dispensed with without complying

with the provisions of the Act. It is also alleged that while dispensing with the services of the

petitioner “the principle of last come first go” was also not followed.

2. The claim is opposed by the respondent on legal objections regarding maintainability

and limitation. On merits, it is stated that the petitioner was engaged as daily waged beldar in

September,1996 and worked intermittently till June, 2000. The petitioner never worked for 240

days in any calendar year. The petitioner abandoned the job on his own in June, 2000. Prem Chand

was engaged as work inspector in the year 1998 against different catogary.

3. On the pleadings of the parties, following issues were framed:-

1. Whether the services of the petitioner have been illegally terminated in

contravention of the provisions of the Industrial Disputes Act, 1947 as alleged?

..OPP.

2. If issue no.1 is proved in affirmative, to what service benefits, the petitioner is

entitled to?

..OPP.

3. Whether this petition is barred by limitation?

..OPR.

4. Relief.

4. For the reasons to be recorded hereinafter, my findings on the aforesaid issues are as

under:

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jkti=] fgekpy izns'k] 5 vizSy] 2012@16 pS=] 1934

Issue No. 1 Yes.

Issue No. 2 Entitled for reinstatement with seniority and continuity in service but without back

wages.

Issue No. 3 No.

Relief.

Reference answered in affirmative per operative part of award.

Reasons for findings

Issue No.1:

5. It is apparent from the mandays chart Ex.RA that in fact the petitioner was engaged in

September, 1996 and not in October,1996. He was retrenched on 29.06.2000. He had completed

only 87 days, 158 days, 144 days, 203 days and 122 days in the years, 1996, 1997, 1998, 1999 and

2000 as per mandays chart. The petitioner had not completed 240 days of service in a calendar year

to seek the protection of section 25-F of the Act.

6. The respondent has not followed the principle of last come first go. S/Shri Chet Ram

and Ms. Seema who were junior to the petitioner are still working with the respondent. Shri Dila

Ram, Clerk, in the office of XEN, IPH, Rampur Division testified that S/Shri Dila Ram and Ms.

Seema were engaged on 16.10.1996 in the year 1997 respectively that is, after the engagement of

the petitioner., There is violation of provisions of sections 25- G and 25-H of the Act which also

entitles the petitioner to relief. Reliance may also be placed on decision reported in 2007 LLR 72

SC in case titled as State of Haryana Vs. Dilbag Singh and 2011 LLR 107 (P and H) in case

titled as Deepak Kumar Gaur Vs. State of Haryana.