jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] ohjokj 7 twu] 2012@17 T;s"B] 1934
fgekpy izns'k ljdkj
m|ksx foHkkx
vf/klwpuk
f”keyk&2] 29-05-2012
la[;k% b.M&II ¼,Q½ 6&5@2006-&fgekpy izns”k dh jkT;iky] [kku vkSj [kfut ¼fodkl vkSj
fofu;e½ vf/kfu;e] 1957 dh /kkjk 15 dh mi/kkjk ¼1½ }kjk iznRr “kfDr;kas dk iz;ksx djrs gq,] nh
fgekpy izns”k ekbZuj feujYt ¼ØUls”ku½ fjokbZTM :Yt] 1971 dk vkSj la”kks/ku djus ds fy,
fuEufyf[kr fu;e cukrh gaS] vFkkZr~ %&
1- Lkaf{kIr uke vkSj izkjEHk-&¼1½ bu fu;eksa dk laf{kIr uke nh fgekpy izns”k ekbZuj feujYt
¼dzUls”ku½ fjokbZTM ¼veSaMeSaV½ :Yt] 2012 gS A
53&jkti=@2012&7&6&2012
¼1667½
1668
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
¼2½ ;s fu;e jkti=] fgekpy izns”k esa izdk”ku dh rkjh[k ls izo`Rr gksaxs A
2- fu;e 19 dk izfrLFkkiu-&nh fgekpy izns”k ekbZuj feujYt ¼ØUls”ku½ fjokbZTM :Yt] 1971
¼ftUgsa blesa blds i”pkr~ ÞmDr fu;eß dgk x;k gS½ ds fu;e 19 ds LFkku ij fuEufyf[kr j[kk tk,xk]
vFkkZr~%&
“19. Execution of lease.—Where a mining lease is sanctioned, the lease deed in Form “F”
shall be executed within six months from the date of sanction of lease by the authority
competent to sanction the lease under these rules only after approval of Working-cum-
Environment Management Plan from the State Geologist, Himachal Pradesh and if the lease
is not executed within the aforesaid period, the order sanctioning the lease shall be deemed
to have been revoked and the application fee shall be forfeited to the Government:
Provided that where the Government is satisfied that the lessee is not responsible for
the delay in the execution of the lease, the Government may permit the execution of the
lease after the expiry of the said period.
(2) The currency of lease shall be effective from the date of its execution.”.
3- fu;e 21 dk la”kks/ku-&mDr fu;eksa ds fu;e 21 esa]&
¼d½ mi&fu;e ¼4½ ds [k.M (ii) ds LFkku ij fuEufyf[kr j[kk tk,xk] vFkkZr~ %&
“(ii) The Working-cum-Environment Management Plan shall be prepared in
accordance with the contents contained in Form-N by a person holding
qualification as per provisions of sub-rule (2) of rule 22B of the Mineral
Concession Rules, 1960 duly registered for this purpose with the Geological Wing
of the Department of Industries, Himachal Pradesh;
¼[k½ mi&fu;e ¼4½ ds [k.M (v) ds LFkku ij fuEufyf[kr j[kk tk,xk] vFkkZr~ %&
“(v) The lease deed shall only be executed after approval of Working-cum-
Environment Management Plan.”; vkSj
¼x½ bl izdkj izfrLFkkfir [k.M (v) ds i”pkr~ fuEufyf[kr [k.M tksMs+ tk,axs] vFkkZr~ %&
“(vi) No person shall undertake mining operations in any mining lease area, except in
accordance with a Working-cum-Environment Management Plan approved under
clause (iii) of this rule.
(vii) If the mining operations are not carried out in accordance with the approved Working-
cum-Environment Management Plan, the State Geologist, Geologist, Assistant
Geologist and the Mining Officer, may order suspension of all or any of the mining
operations and permit continuation of only such operations as may be necessary to
restore the conditions in the mine as envisaged under the said Working-cum-
Environment Management Plan.”.
1669
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
iz:i&N dk tksM+uk-&mDr fu;eksa ls layXu iz:i&M ds i”pkr~ fuEufyf[kr u;k iz:i&N tksM+k
tk,xk] vFkkZr~ %&
Þiz:i&N”
[See rule 21 (4)(ii)]
Format for the Working-cum- Environment Management Plan
1 .
General:
1.1
Name and address of the applicant
1.2
Name of the applicant ……………………
1.3
Address of the applicant …………………
P.O……………………………
Tehsil…………………………
District……………………….
Pin…………….Phone……….
1.4
Status of the applicant ( Private individual/Private Company or any other):
1.5
Minerals which applicant intends to mine:
1.6
Period for which mining lease is granted /renewed:
1.7
The letter no of grant order/renewal (photocopy to be annexed):
1.8
Name and address of the Registered Qualified Person (hereinafter referred to as
‘RQP’) preparing Working-cum-Environment Management Plan:
1.9
Address of the applicant ………………………
Village……………………….
P.O……………………………
Tehsil…………………………
District……………………….
Pin…………….Phone……….
1.10 Registration No. of RQP Valid upto …………………..
1.11 Name and address of the prospecting agency………………………
Village……………………….
P.O……………………………
Tehsil…………………………
District……………………….
Pin…………….Phone……….
2.
Location and approach of the area (Location Map to be annexed):
2.1
Toposheet number, with latitude and longitude of the area…………………
1670
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
2.2
Location of the area
Village……………………….
Patwar Circle…………………
P.O……………………………
Tehsil…………………………
District……………………….
2.3
Sub-Division Office (Civil) …………………….
Sub-Division Office (Forest)……………… Range office……………….
Sub-Division Office (IPH) …………………….
Sub-Division Office (PWD) ……………………
2.4
Distance from Important places in Kms.
1.
2.
3.
2.5
Approach of the area ………………………………..
2.6
Detail of the area, Revenue record to be appended in the following format:-
Sr. No.
Detail of area
Kh. No.
Owner
Kism
Mauza
Area
Panchayat
1.
2.
3.
Detail of land use and social aspect of area:
3.1.
Land use :
3.2.
Agriculture :
3.3.
Horticulture :
3.4.
Animal husbandry :
3.5.
Fisheries :
4.
Flora and fauna of the area:
5.
Physiographical aspect of the area:
5.1.
General :
5.2.
Altitude :
5.3.
Climate of the area :
5.4.
Rainfall of the area :
5.5.
Any other important physical feature :
6.
Description of Mining Lease Area:
6.1.
Description of the River/Stream bed on which the lease area is situated (in
caseof River/Stream bed mining):
6.1.1. General :
6.1.2. Name of river/stream in which the lease area is situated :
1671
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
6.1.3. Drainage system :
6.1.4. Type of drainage :
6.1.5. Origin of river/stream :
6.1.6. Altitude at origin :
6.1.7. Width of river at the place of mining :
6.1.8. The annual deposition on river/stream bed :
6.1.9. The competency of river/stream at the mining site (i.e the weight of largest
fragment which is transported by stream/river).
(Attach a map showing boundaries of the mining lease, adjoining area, point of
public utility in the area/nearby village footpath, road, school, residential house,
hospital, cattle shed, charitable building, water channel, cemetery/cremation ground,
place of worship etc., any activity of the forest department in the area such as soil
conservation works, nursery plantation, check dams, taming of nallas/stream etc., type
of road viz National Highway, State Highway, link road, village road, any bridge, any
water supply scheme, such as water supply tank, water supply bore well, Irrigation
canal, water supply scheme gallery etc., boundary of nearby lease area, if any, the area
susceptible to erosion and any other important feature).
Meandering pattern of the river, including:-
the level of High Flood Level :
the level of Low Flood Level :
the thread of deepest water in the meandering :
6.2.
Description of the area in which the lease area is situated (In case of hill slope mining):
6.2.1.
General :
6.2.2.
Slope angle :
6.2.3.
Aspect :
6.2.4.
Type of drainage in the area, if any :
6.2.5.
Origin of river/stream in the area, if any :
6.2.6.
The area prone to land slide, if any :
6.2.7.
Spring, if any :
6.2.8.
Any other details:
(Attach a map showing boundaries of the mining lease, adjoining area, point of public
utility in the area/nearby village footpath, road, school, residential house, hospital, cattle
shed, charitable building, water channel, cemetery/cremation ground, place of worship etc.,
any activity of the forest department in the area such as soil conservation works, nursery
plantation, check dams, taming of nallas/stream etc., type of road viz National Highway,
State Highway, link road, village road, any bridge, any water supply scheme, such as water
supply tank, water supply bore well, Irrigation canal, water supply scheme gallery etc.,
boundary of nearby lease area, if any, the area susceptible to erosion and any other
important information).
1672
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
7.
Geology (in case of river/stream bed mining):
7.1. The Regional Geology of the area :
7.2. Local Geology of the area :
7.3. The nature of boulders, cobbles, Sand etc. :
7.4. The nature of rock of the bank and their attitude :
(A geological map of the area with appropriate scale of mapping, showing pitting,
trenching etc to be annexed)
7.5. Estimate of geological and mineable reserve of each mineral i.e. Sand, Stone, River
borne bajri:
7.6. Estimated replenishment of the area mineral wise :
7.7. Development and production programme for the first five years including precaution to
be observed to prevent haphazard excavation, over exploitation, scattering of waste, if
any.
(Year wise plan of excavation to be annexed)
7. Geology (in case of Hill Slope Mining):
7.1. The Regional Geology of the area :
7.2. The Local Geology of the area :
7.3. The joint/thrust plane etc. :
7.4. The nature of rocks and their attitude :
(A geological map of the area with appropriate scale of mapping, showing pitting,
trenching etc. to be annexed)
7.5. Estimates of geological reserve of each mineral along with grade under proved,
probable and possible category and mineable reserve by standard method of estimation
supported by analytical reports :
7.6. Development and production programme for the first five years including precaution to
be observed to prevent haphazard excavation, over exploitation, scattering of waste, .if
any :
(Year wise plan of excavation to be annexed)
8.
Waste disposal arrangement, if any:
Describe briefly the arrangements made for top soil utilization, if any, waste disposal along
with their respective quantity likely to be generated for the five years indicating location on
the maps.
1673
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
9.
Reclamation Plan:
Describe briefly the year wise reclamation and replenishment plan, giving details of
proposed plantation program to be marked on the relevant maps with estimated cost of
reclamation.
10.
Strategy for protection of point of public utility etc.:
Describe briefly the strategy for protection of point of public utility in the lease and its
adjoining areas such as village footpath, road, school, residential house, hospital, cattle
shed, charitable building, water channel, cemetery/cremation ground, place of worship
including any activity of the forest department in the area such as soil conservation works,
nursery plantation, check dams, taming of nallas/stream etc, type of road viz National
Highway, State highway, link road, village road, any bridge any water supply scheme, such
as water supply tank, water supply bore well, Irrigation canal, water supply scheme gallery
etc. boundary of nearby lease area, if any, the area susceptible to erosion and any other
important features which shall be marked on the relevant maps.
11.
Manpower Development:
Give average daily employment.
12.
Use of mineral:
Describe the utilization of mineral and the type of industry.
13.
Any other relevant information:
14.
Certificate:
Certified that the provisions of the Himachal Pradesh Minor Minerals (Concession) Revised
Rules, 1971 and other guidelines issued from time to time in this regard have been observed
in the Working-cum-Environment Management Plan of………..................……quarry of
M/S ……………………..
The information provided and the data furnished in this Working –cum- Environment
Management Plan is correct to the best of my knowledge.
Signature of RQP
Date......
Registration No.
Place :
Address of the RQP.
15.
Declaration:
This
is
to
declare
that
the
Working-cum-Environment
Management
Plan
of…………………. Quarry, over an area of ……………….. bigha/ hectare/ Kanal, situated
in Kh.No……….., Mauza………. District …………. H.P., has been prepared with my
consent and approval and that I shall abide by all commitment thereunder. In case of default
on my/our part, the approval of Working -cum -Environment Management Plan may be
withdrawn.
Date .......
Signature of the lessee
Place :
Name and address.”.
vkns”k }kjk]
gLrk0@&
iz/kku lfpo ¼m|ksx½A
1674
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
[Authoritative English text of this Department Notification number :Ind-II(F)6-5/2006
dated 29-05-2012 as required under clause (3) of article 348 of the constitution].
INDUSTRIES DEPARTMENT
NOTIFICATION
Shimla-2, the 29/05/2012
No. Ind-II (F) 6-5/2006.—In exercise of the power conferred by sub-section (1) of section
15 of the Mines and Minerals (Development and Regulation) Act, 1957, the Governor, Himachal
Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Minor
Minerals (Concession) Revised Rules, 1971, namely:-
1.
Short title and commencement.—(1) These rules may be called the Himachal
Pradesh Minor Minerals (Concession) Revised (Amendment) Rules, 2012.
(2)
They shall come into force from the date of their publication in the Rajpatra,
Himachal Pradesh.
2.
Substitution of rule 19.—For rule 19 of the Himachal Pradesh Minor Minerals
(Concession) Revised Rules, 1971 (hereinafter referred to as the ‘said rules’), the following shall be
substituted namely:-
“19. Execution of lease.-Where a mining lease is sanctioned, the lease deed in Form “F”
shall be executed within six months from the date of sanction of lease by the authority
competent to sanction the lease under these rules only after approval of Working-cum-
Environment Management Plan from the State Geologist, Himachal Pradesh and if the lease
is not executed within the aforesaid period, the order sanctioning the lease shall be deemed
to have been revoked and the application fee shall be forfeited to the Government:
Provided that where the Government is satisfied that the lessee is not responsible for the
delay in the execution of the lease, the Government may permit the execution of the lease
after the expiry of the said period.
(2)
The currency of lease shall be effective from the date of its execution.”.
3.
Amendment of rule 21.—In rule 21 of the said rules,-
(a)
In sub-rule (4), for clause (ii), the following shall be substituted namely:-
“(ii) The Working-cum-Environment Management Plan shall be prepared in
accordance with the contents contained in Form-N by a person holding qualification
as per provisions of sub-rule (2) of rule 22B of the Mineral Concession Rules, 1960
duly registered for this purpose with the Geological Wing of the Department of
Industries, Himachal Pradesh;
(b)
In sub-rule (4), for clause (v), the following shall be substituted, namely“(v) The
lease deed shall only be executed after approval of Working-cum-Environment
Management Plan.”; and
1675
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
(c)
after clause (v) so substituted, the following clauses shall be added, namely:-
“(vi) No person shall undertake mining operations in any mining lease area, except
in accordance with a Working-cum-Environment Management Plan approved under
clause (iii) of this rule.
(vii) If the mining operations are not carried out in accordance with the approved
Working-cum-Environment Management Plan, the State Geologist, Geologist,
Assistant Geologist and the Mining Officer, may order suspension of all or any of
the mining operations and permit continuation of only such operations as may be
necessary to restore the conditions in the mine as envisaged under the said
Workingcum-Environment Management Plan.”.
Addition of Form-N.—After Form-M appended to the said rules, the following new Form-
N shall be added, namely:-
“Form “N”
(See rule 21 (4)(ii))
Format for the Working -cum- Environment Management Plan
2 .
General
2.1
Name and address of the applicant
2.2
Name of the applicant ……………………
2.3
Address of the applicant …………………
P.O……………………………
Tehsil…………………………
District……………………….
Pin…………….Phone……….
1.4
Status of the applicant ( Private individual/Private Company or any other):
1.5
Minerals which applicant intends to mine:
1.6
Period for which mining lease is granted /renewed:
1.7
The letter no of grant order/renewal (photocopy to be annexed):
1.8
Name and address of the Registered Qualified Person (hereinafter referred to as
‘RQP’) preparing Working-cum-Environment Management Plan:
1.9
Address of the applicant ………………………
Village……………………….
P.O……………………………
Tehsil…………………………
District……………………….
Pin…………….Phone……….
1676
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
1.10 Registration No. of RQP Valid upto …………………..
1.11 Name and address of the prospecting agency………………………
Village……………………….
P.O……………………………
Tehsil…………………………
District……………………….
Pin…………….Phone……….
2.
Location and approach of the area (Location Map to be annexed)
2.1
Toposheet number, with latitude and longitude of the area…………………
2.2
Location of the area
Village……………………….
Patwar Circle…………………
P.O……………………………
Tehsil…………………………
District……………………….
2.3
Sub-Division Office (Civil) …………………….
Sub-Division Office (Forest)……………… Range office……………….
Sub-Division Office (IPH) …………………….
Sub-Division Office (PWD) ……………………
2.4
Distance from Important places in Kms.
1.
2.
3.
2.5
Approach of the area ………………………………..
2.6
Detail of the area, Revenue record to be appended in the following format:-
Sr. No.
Detail of area
1.
Kh. No.
Owner
Kism
Mauza
Area
Panchayat
2.
3.
Detail of land use and social aspect of area
3.1.
Land use :
3.2.
Agriculture :
3.3.
Horticulture :
3.4.
Animal husbandry :
3.5.
Fisheries :
4.
Flora and fauna of the area
5.
Physiographical aspect of the area
5.1.
General :
5.2.
Altitude :
5.3.
Climate of the area :
5.4.
Rainfall of the area :
5.5.
Any other important physical feature :
1677
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
6.
Description of Mining Lease Area
6.1.
Description of the River/Stream bed on which the lease area is situated (in case
of River/Stream bed mining)
6.1.1. General :
6.1.2. Name of river/stream in which the lease area is situated :
6.1.3. Drainage system :
6.1.4. Type of drainage :
6.1.5. Origin of river/stream :
6.1.6. Altitude at origin :
6.1.7. Width of river at the place of mining :
6.1.8. The annual deposition on river/stream bed :
6.1.9. The competency of river/stream at the mining site (i.e the weight of largest
fragment which is transported by stream/river)
(Attach a map showing boundaries of the mining lease, adjoining area, point
of public utility in the area/nearby village footpath, road, school, residential
house,
hospital,
cattle
shed,
charitable
building,
water
channel,
cemetery/cremation ground, place of worship etc., any activity of the forest
department in the area such as soil conservation works, nursery plantation,
check dams, taming of nallas/stream etc., type of road viz National Highway,
State Highway, link road, village road, any bridge, any water supply scheme,
such as water supply tank, water supply bore well, Irrigation canal, water
supply scheme gallery etc., boundary of nearby lease area, if any, the area
susceptible to erosion and any other important feature).
Meandering pattern of the river, including:-
the level of High Flood Level :
the level of Low Flood Level :
the thread of deepest water in the meandering :
6.2.
Description of the area in which the lease area is situated (In case of hill slope mining)
6.2.1. General :
6.2.2. Slope angle :
6.2.3. Aspect :
6.2.4. Type of drainage in the area, if any :
6.2.5. Origin of river/stream in the area, if any :
6.2.6. The area prone to land slide, if any :
6.2.7. Spring, if any :
6.2.8. Any other details:
(Attach a map showing boundaries of the mining lease, adjoining area, point of
public utility in the area/nearby village footpath, road, school, residential house,
hospital, cattle shed, charitable building, water channel, cemetery/cremation ground,
place of worship etc., any activity of the forest department in the area such as soil
conservation works, nursery plantation, check dams, taming of nallas/stream etc.,
type of road viz National Highway, State Highway, link road, village road, any
bridge, any water supply scheme, such as water supply tank, water supply bore well,
1678
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
Irrigation canal, water supply scheme gallery etc., boundary of nearby lease area, if
any, the area susceptible to erosion and any other important information).
7.
Geology (in case of river/stream bed mining)
7.1.
The Regional Geology of the area :
7.2.
Local Geology of the area :
7.3.
The nature of boulders, cobbles, Sand etc. :
7.4.
The nature of rock of the bank and their attitude :
(A geological map of the area with appropriate scale of mapping, showing
pitting, trenching etc to be annexed)
7.5.
Estimate of geological and mineable reserve of each mineral i.e. Sand, Stone, River
borne bajri:
7.6.
Estimated replenishment of the area mineral wise :
7.7.
Development and production programme for the first five years including precaution
to be observed to prevent haphazard excavation, over exploitation, scattering of
waste, if any.
(Year wise plan of excavation to be annexed)
7.
Geology (in case of Hill Slope Mining)
7.1.
The Regional Geology of the area :
7.2.
The Local Geology of the area :
7.3.
The joint/thrust plane etc. :
7.4.
The nature of rocks and their attitude :
(A geological map of the area with appropriate scale of mapping, showing
pitting, trenching etc. to be annexed)
7.5.
Estimates of geological reserve of each mineral along with grade under proved,
probable and possible category and mineable reserve by standard method of
estimation supported by analytical reports :
7.6.
Development and production programme for the first five years including precaution
to be observed to prevent haphazard excavation, over exploitation, scattering of
waste, if any :
(Year wise plan of excavation to be annexed)
8.
Waste disposal arrangement, if any
Describe briefly the arrangements made for top soil utilization, if any, waste disposal along
with their respective quantity likely to be generated for the five years indicating location on
the maps.
9.
Reclamation Plan
Describe briefly the year wise reclamation and replenishment plan, giving details of
proposed plantation program to be marked on the relevant maps with estimated cost of
reclamation.
1679
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
10.
Strategy for protection of point of public utility etc.
Describe briefly the strategy for protection of point of public utility in the lease and its
adjoining areas such as village footpath, road, school, residential house, hospital, cattle
shed, charitable building, water channel, cemetery/cremation ground, place of worship
including any activity of the forest department in the area such as soil conservation works,
nursery plantation, check dams, taming of nallas/stream etc, type of road viz National
Highway, State highway, link road, village road, any bridge any water supply scheme, such
as water supply tank, water supply bore well, Irrigation canal, water supply scheme gallery
etc. boundary of nearby lease area, if any, the area susceptible to erosion and any other
important features which shall be marked on the relevant maps.
11.
Manpower Development
Give average daily employment
12.
Use of mineral
Describe the utilization of mineral and the type of industry
13.
Any other relevant information
14.
Certificate
Certified that the provisions of the Himachal Pradesh Minor Minerals (Concession) Revised
Rules, 1971 and other guidelines issued from time to time in this regard have been observed
in the Working — cum- Environment Management Plan of……………quarry of M/S
……………………………………..
The information provided and the data furnished in this Working –cum-Environment
Management Plan is correct to the best of my knowledge.
Signature of RQP
Date
Registration No.
Place
Address of the RQP
15.
Declaration
This
is
to
declare
that
the
Working-cum-Environment
Management
Plan
of…………………. Quarry, over an area of ……………….. bigha/ hectare/Kanal, situated
in Kh.No……….., Mauza………. District …………. H.P., has been prepared with my
consent and approval and that I shall abide by all commitment thereunder. In case of default
on my/our part, the approval of Working–cum-Environment Management Plan may be
withdrawn.
Date ..
Signature of the lessee
Place :
Name and address.”.
By order,
Sd/-
Principal Secretary (Inds.).
1680
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
c vnkyr lgk;d lekgrkZ] izFke Js.kh] lqUnjuxj] ftyk e.Mh ¼fg0 iz0½
eqdíek uEcj % 5@2012
rkjh[k ejtqvk % 2&4&2011
c eqdÌek 'kh"kZd %
Jherh 'khyk nsoh fo/kok Jh ukud pUn] fuoklh prjks[kjh] rglhy lqUnjuxj] ftyk e.Mh
¼fg0 iz0½
- - izkFkhZA
cuke
vke turk
- - izfroknhA
izkFkZuk&i= ckcr n#Lrh bUnzkt ckjsA
loZlk/kkj.k dks lwfpr fd;k tkrk gS fd Jherh 'khyk nsoh fo/kok Jh ukud pUn] fuoklh
prjks[kjh] rglhy lqUnjuxj] ftyk e.Mh ¼fg0 iz0½ us bl dk;kZy; esa izkFkZuk&i= xqtkjk gS fd jktLo
vfHkys[k eqgky lqUnjuxj 26&8 dh udy tekcUnh [kkrk ua0 773@989] [kljk ua0 5603&2603] jdok
rknknh 354 oxZ eh0 esa xSj eqefdu edku ,d eaftyk iDdk ntZ gS tcfd ekSdk ij mDr [kljk ua0
[kkyh gSA vc vkosfndk [kljk ua0 5603@2603 esa yxs xSj eqefdu edku ,d eaftyk iDdk ds LFkku ij
tk;t lQsn djokuk pkgrh gSA
vr% bl b'rgkj jkti= ds ek/;e ls vke turk dks lwfpr fd;k tkrk gS fd [kljk ua0
5603@2603 jdok rknknh 354 oxZ eh0 esa xSj eqefdu edku ,d eaftyk iDdk gS dh n#Lrh ckjs vxj
fdlh dks dksbZ Hkh mtj@,rjkt gks rks og fnukad 12&6&2012 dks lqcg 10-00 cts vlkyru ;k
odkyru gkftj vnkyr vkdj viuk mtj@,rjkt is'k dj ldrs gSaA gkftj u vkus dh lwjr esa
,drjQk dk;Zokgh vey esa ykbZ tkdj n#Lrh ds vkns'k ikfjr dj fn, tk,axsA
vkt fnukad 2&4&2012 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
lgk;d lekgrkZ] izFke Js.kh]
lqUnjuxj] ftyk e.Mh ¼fg0 iz0½A
&&&&&&&
c vnkyr Jh ,e0 ,y0 HkkxZo] lgk;d lekgrkZ] f}rh; Js.kh] mi&rglhy dksVyh]
ftyk e.Mh ¼fg0 iz0½
c eqdÌek 'kh"kZd %
Jh fd'ku pUn miuke pqgM+k jke iq= Qkx.kw] fuoklh dksVyh] bZykdk rqaxy] mi&rglhy dksVyh]
ftyk e.Mh ¼fg0 iz0½
- - izkFkhZA
cuke
vke turk
izkFkZUkk&i= uke n#Lrh jktLo vfHkys[kA
1681
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
Jh fd'ku pUn miuke pqgM+k jke iq= Qkx.kw] fuoklh dksVyh] bZykdk rqaxy] mi&rglhy dksVyh]
ftyk e.Mh ¼fg0 iz0½ us bl vnkyr esa bl vk'k; ls izkFkZuk&i= xqtkjk gS fd esjk okLrfod uke fd'ku
pUn miuke pqgM+k jke gSA tksfd iapk;r vfHkys[k esa ntZ gSA ijUrq jktLo vfHkys[k esa esjk uke fd'ku
pUn iq= Jh Qkx.kw ntZ gqvk gSA jktLo vfHkys[k eqgky ?kjok.k o dksVyh esa esjk uke fd'ku pUn dh
txg fd'ku pUn miuke pqgM+k jke ntZ djus ds vkns'k fn, tkosaA
vr% loZlk/kkj.k turk dks ctfj;k jkti= b'rgkj ds ek/;e ls lwfpr fd;k tkrk gS fd ;fn
fdlh O;fDr dks mDr uke n#Lrh ckjk dksbZ mtj@,rjkt gks rks og vlkyru ;k odkyru fnukad
9&7&2012 ;k blls iwoZ bl vnkyr esa gkftj gksdj is'k dj ldrk gS vU;Fkk mDr uke ds vkns'k ns
fn, tk,axsA
vkt fnukad 29&5&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
,e0 ,y0 HkkxZo]
lgk;d lekgrkZ] f}rh; Js.kh]
mi&rglhy dksVyh] ftyk e.Mh] fgekpy izns'kA
&&&&&&&&
c vnkyr lgk;d lekgrkZ f}rh; Js.kh ,oa uk;c rglhynkj] lU/kksy] ftyk e.Mh] fgekpy izns'k
muoku eqdÌek % uke n#LrhA
rkjh[k is'kh % 14&6&2012
Jh xaxk jke iq= Jh fMMks jke] fuoklh yyk.kk] Mkd?kj e<+h] rglhy lU/kksy] ftyk e.Mh
¼fg0 iz0½
- - izkFkhZA
cuke
vke turk
- - Qjhdnks;eA
Jh xaxk jke us bl vnkyr esa 'kiFk&i= lfgr eqdÌek nk;j fd;k gS fd eqgky yyk.kk] rglhy
la/kksy ds jktLo vfHkys[k esa esjk uke xaxw fy[kk x;k gS tks xyr gS esjk okLrfod uke xaxk jke gSA
bldh n#Lrh ds vkns'k pkgs gSaA
vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh O;fDr dks mDr uke
n#Lrh djus ckjk dksbZ mtj o ,rjkt gks rks og vlkyru ;k odkyru rkjh[k is'kh fnukad
14&6&2012 dks lqcg 10-00 cts gkftj vnkyr gksdj viuk mtj is'k dj ldrk gSA clwjr xSj&gktjh
,drjQk dk;Zokgh vey esa ykbZ tkdj uke n#Lrh djus dk vkns'k ikfjr dj fn;k tk,xkA
;g b'rgkj vkt fnukad 16&5&2012 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
lgk;d lekgrkZ f}rh; Js.kh ,oa uk;c rglhynkj]
lU/kksy] ftyk e.Mh] fgekpy izns'kA
1682
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
In the Court of Shri Nazir Khan Executive Magistrate (Naib-Tehsildar), Sandhole, District
Mandi, Himachal Pradesh
Case No.
Date of Institution : 16-5-2012
Shri Hem Raj s/o Late Shri Shanker Dass, Village Bahan, P.O. Kothuwan, Tehsil Sandhole,
District Mandi, Himachal Pradesh
. . Applicant.
Versus
General public
Application under section 13(3) of Birth and Death registration Act, 1969.
Shri Hem Raj has moved an application before the undersigned under section 13(3) of Birth
and death registration Act, 1969 along with affidavits and other documents that his real brother late
Shri Devi Singh s/o late Shanker Dass, r/o Bahan P.O. Kothuwan died on 20th November, 1968 at
Village Bahan, P.O. Kothuwan, Tehsil Sandhole District Mandi (H. P.) but his date of death could
not registered by the applicant in the Gram Panchayats death record, Kothuwan, Tehsil Sandhole,
District Mandi, Himachal Pradesh.
Therefore by this proclamation the general public is hereby informed that any person having
any objection for the registration of date of death of late Shri Devi Singh s/o Shri Shanker Dass,
Village Bahan, P.O. Kothuwan, Tehsil Sandhole, District Mandi and Brother of applicant may
submit his objection in writing in this court on or before 16-6-2012 at 10.00 A.M. failing which no
objection will be entertained after expiry of date.
Given under my hand and seal of the court this 16th May, 2012.
Seal.
NAZIR KHAN,
Executive Magistrate (Naib-Tehsildar), Sandhole,
District Mandi, Himachal Pradesh.
___________
In the Court of Marriage Officer-cum-Sub-Divisional Magistrate, Sadar Mandi,
District Mandi, Himachal Pradesh
In the matter of :
1.
Shri Bhartendu Sharma s/o Shri Aim Chand Sharma, r/o House No. 247/13, Paddal,
Mandi Town, District Mandi (H. P.).
2.
Smt. Kalpna Sharma d/o Shri H. L. Sharma, r/o H. No. 86/3, Jail Road, Mandi Town,
District Mandi (H. P.) [at present wife of Shri Bhartendu s/o Shri Aim Chand Sharma,
r/o House No. 247/13, Paddal, Mandi Town, District Mandi (H. P.)]
. . Applicants.
Versus
General public
Subject.—Application for the registration of marriage under section 15 of Special Marriage Act,
1954.
1683
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
Shri Bhartendu s/o Shri Aim Chand Sharma, r/o House No. 247/13, Paddal, Mandi Town,
District Mandi (H. P.) and Smt. Kalpna Sharma d/o Shri H. L. Sharma, r/o H. No. 86/3, Jail Road,
Mandi Town, District Mandi (H. P.) [at present wife of Shri Bhartendu Sharma s/o Shri Aim Chand
Sharma, r/o House No. 247/13, Paddal, Mandi Town, District Mandi (H. P.)] have filed an
application alongwith affidavits in the court of undersigned under section 15 of Special Marriage
Act, 1954 that they have solemnized their marriage on 21-10-2000 according to Hindu rites and
customs Mandi Town, District Mandi (H. P.) and they are living together as husband and wife since
then, hence their marriage may be registered under Special Marriage Act, 1954.
Therefore, the general public is hereby informed through this notice that any person who
has any objection regarding this marriage can file the objection personally or in writing before this
court on or before 26-6-2012 after that no objection will be entertained and marriage will be
registered.
Issued today on 26th day of May, 2012 under my hand and seal of the court.
Seal. Sd/-
Marriage Officer-cum-Sub-Divisional Magistrate,
Sadar Mandi, District Mandi (H. P.).
_______
In the Court of Marriage Officer-cum-Sub-Divisional Magistrate, Sadar Mandi,
District Mandi, Himachal Pradesh
In the matter of :
1.
Shri Pankaj Dhawan s/o Shri Ashok Dhawan, r/o House No. 314/4, School Bazar,
Mandi Town, District Mandi (H. P.).
2.
Smt. Divya d/o Shri R. S. Kapoor, r/o H. No. 18/8, Bangla Muhalla, Mandi Town,
District Mandi (H. P.) [at present wife of Shri Pankaj Dhawan s/o Shri Ashok Dhawan,
r/o House No. 314/4, School Bazar, Mandi Town, District Mandi (H. P.)] .. Applicants.
Versus
General public
Subject.—Application for the registration of marriage under section 15 of Special Marriage Act,
1954.
Shri Pankaj Dhawan s/o Shri Ashok Dhawan, r/o House No. 314/4, School Bazar, Mandi
Town, District Mandi (H. P.) and Smt. Divya d/o Shri R. S. Kapoor, r/o H. No. 18/8, Bangla
Muhalla, Mandi Town, District Mandi (H. P.) [at present wife of Shri Pankaj Dhawan s/o Shri
Ashok Dhawan, r/o House No. 314/4, School Bazar, Mandi Town, District Mandi, H. P.] have filed
an application alongwith affidavits in the court of undersigned under section 15 of Special Marriage
Act, 1954 that they have solemnized their marriage on 22-10-2000 according to Hindu rites and
customs at Arya Samaj Temple, Mandi Town, District Mandi, H. P. and they are living together as
husband and wife since then, hence their marriage may be registered under Special Marriage Act,
1954.
Therefore, the general public is hereby informed through this notice that any person who
has any objection regarding this marriage can file the objection personally or in writing before this
1684
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
court on or before 30-6-2012 after that no objection will be entertained and marriage will be
registered.
Issued today on 31st day of May, 2012 under my hand and seal of the court.
Seal. Sd/-
Marriage Officer-cum-Sub-Divisional Magistrate,
Sadar Mandi, District Mandi (H. P.).
_______
c vnkyr dk;Zdkjh n.Mkf/kdkjh] lnj] ftyk e.Mh] fgekpy izns'k
Jh nqxkZ flag iq= Jh 'kadj jke] fuoklh jkS] Mk0 n;kjxh] rglhy lnj] ftyk e.Mh] fgekpy
izns'k
- - oknhA
cuke
vke turk
- - izfroknhA
izkFkZuk&i= n#Lrh uke jktLo vfHkys[kA
izkFkhZ us bl vnkyr esa 'kiFk&i= lfgr izkFkZuk&i= xqtkjk gS fd mldk uke iapk;r vfHkys[k esa
nqxkZ flag ntZ gS] tksfd lgh ntZ gS] tcfd jktLo vfHkys[k esa udfoUg ntZ gS] tksfd xyr ntZ gS]
egksn; esjk uke jktLo vfHkys[k esa n#Lr fd;k tkosA
vr% vke turk dks bl b'rgkj }kjk lwfpr fd;k tkrk gS fd oknh ds uke dh n#Lrh djus
ckjk dksbZ mtj ;k ,rjkt gks rks og fnukad 11&6&2012 dks lqcg 10-00 cts vlkyru ;k odkyru
gkftj vnkyr is'k gksA xSj&gkftjh dh lwjr esa dk;Zokgh ,drjQk vey esa ykbZ tkosxhA
vkt fnukad 18&5&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
dk;Zdkjh n.Mkf/kdkjh]
lnj] ftyk e.Mh] fgekpy izns'kA
&&&&&&&
c vnkyr dk;Zdkjh n.Mkf/kdkjh] lnj] ftyk e.Mh] fgekpy izns'k
Jh xxus'k dqekj iq= Jh f'ko jke] fuoklh xkao fVDdu] Mk0 oj/kku] rglhy i/kj] ftyk e.Mh]
fgekpy izns'k
- - oknhA
cuke
vke turk
- - izfroknhA
izkFkZuk&i= n#Lrh uke jktLo vfHkys[kA
izkFkhZ us bl vnkyr esa 'kiFk&i= lfgr izkFkZuk&i= xqtkjk gS fd mldk uke iapk;r vfHkys[k esa
xxus'k dqekj ntZ gS] tksfd lgh ntZ gS] tcfd jktLo vfHkys[k esa xus'k nÙk ntZ gS] tksfd xyr ntZ gS]
egksn; esjk uke jktLo vfHkys[k esa n#Lr fd;k tkosA
1685
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
vr% vke turk dks bl b'rgkj }kjk lwfpr fd;k tkrk gS fd oknh ds uke dh n#Lrh djus
ckjk dksbZ mtj ;k ,rjkt gks rks og fnukad 11&6&2012 dks lqcg 10-00 cts vlkyru ;k odkyru
gkftj vnkyr is'k gksA xSj&gkftjh dh lwjr esa dk;Zokgh ,drjQk vey esa ykbZ tkosxhA
vkt fnukad 11&5&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
dk;Zdkjh n.Mkf/kdkjh]
lnj] ftyk e.Mh] fgekpy izns'kA
&&&&&&&
c vnkyr dk;Zdkjh n.Mkf/kdkjh] lnj] ftyk e.Mh] fgekpy izns'k
Jh tksfxUnz flag iq= Jh xksih jke] fuoklh tusB] Mk0 ejkFkw] rglhy lnj] ftyk e.Mh] fgekpy
izns'k
- - oknhA
cuke
vke turk
- - izfroknhA
izkFkZuk&i= n#Lrh uke jktLo vfHkys[kA
izkFkhZ us bl vnkyr esa 'kiFk&i= lfgr izkFkZuk&i= xqtkjk gS fd mldk uke iapk;r vfHkys[k esa
tksfxUnz flag ntZ gS] tksfd lgh ntZ gS] tcfd jktLo vfHkys[k esa tksfxUnz dqekj ntZ gS] tksfd xyr ntZ
gS] egksn; esjk uke jktLo vfHkys[k esa n#Lr fd;k tkosA
vr% vke turk dks bl b'rgkj }kjk lwfpr fd;k tkrk gS fd oknh ds uke dh n#Lrh djus
ckjk dksbZ mtj ;k ,rjkt gks rks og fnukad 8&6&2012 dks lqcg 10-00 cts vlkyru ;k odkyru
gkftj vnkyr is'k gksA xSj&gkftjh dh lwjr esa dk;Zokgh ,drjQk vey esa ykbZ tkosxhA
vkt fnukad 11&5&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
dk;Zdkjh n.Mkf/kdkjh]
lnj] ftyk e.Mh] fgekpy izns'kA
&&&&&&&
c vnkyr lgk;d lekgrkZ] f}rh; Js.kh] lnj] ftyk e.Mh] fgekpy izns'k
c eqdÌek %
Jh izse pUn mQZ izse flag mQZ izsew iq= Jh gjh flag] fuoklh yqgkjM+h] Mk0 nlsgM+k] rglhy lnj]
ftyk e.Mh] fgekpy izns'k
- - oknhA
cuke
vke turk
- - izfroknhA
nj[okLr cjk, uke n#Lrh ckjsA
1686
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
vkosnd us bl U;k;ky; esa vkosnu&i= xqtkjk gS fd mldk uke jktLo vfHkys[k esa izsew ntZ gS]
tksfd xyr ntZ gS] tcfd iapk;r vfHkys[k esa izse flag ntZ gS] tksfd lgh ntZ gS] egksn; esjk uke
jktLo vfHkys[k esa n#Lr fd;k tkosA
vr% vke turk dks bl b'rgkj }kjk lwfpr fd;k tkrk gS fd oknh ds uke dh n#Lrh djus
ckjk ;fn fdlh O;fDr dks dksbZ mtj ;k ,rjkt gks rks og fnukad 15&6&2012 dks lqcg 10-00 cts
vlkyru ;k odkyru gkftj gks vU;Fkk dk;Zokgh ,drjQk vey esa ykbZ tkosxhA
vkt fnukad 18&5&2012 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA
eksgjA
gLrk{kfjr@&
lgk;d lekgrkZ] f}rh; Js.kh]
lnj] ftyk e.Mh] fgekpy izns'kA
&&&&&&&
Office of the Sub-Registrar of Marriages (Tehsildar), Sadar Mandi, District Mandi (H. P.)
NOTICE
Notice is hereby given that Shri Manik Behal s/o Shri Bharat Bhushan, r/o Village. H. No.
207/10, Thanehra Mohalla Mandi and Smt. Simmi d/o Shri Sansar Chand, r/o Bharoli, Tehsil
Jawalaji, District Kangra (at present wife of Shri Manik Behal) have filed an application alongwith
affidavits in this office under section 4 of the H. P. Registration of Marriages Rules, 2004 that they
have solemnized their marriage on dated 24-4-2012 and are living together as husband and wife
since then, but the marriage has not been registered with the Local Registrar of Marriages till date,
hence necessary orders for registration of their marriage (after 90 days and within one year of
marriage as delayed registration) under section 4 of the H. P. Registration of Marriages Rules, 2004
may be issued to the Local Registrar of Marriages.
Therefore, the general public is hereby informed through this notice that any person who
has any objection regarding this marriage can file the objection personally or in writing in this
office on or before 15-6-2012 after that no objection will be entertained and necessary orders for
the registration of marriage will be issued accordingly.
Seal. Sd/-
Sub-Registrar of Marriages (Tehsildar),
Sadar, District Mandi (H. P.).
_______
LOCAL AUDIT DEPARTMENT
NOTIFICATION
Shimla-171009, the, 05-06-2012
No.1-41/68- Fin (L.A.) Vol-2-4503.—In partial modification of this notification of even
number dated 14-2-2008 and in exercise of the powers vested in me vide Rule 1.26 of the Himachal
Pradesh Financial Rules, 1971-Vol-I read with H.P. Govt. Finance (Regulation) Department
Notification No.Fin(C)A(2)-2/99 dated 20-9-99 Shri Des Raj Chauhan, Section Officer, Local
Audit Department, Himachal Pradesh, is hereby delegated the power of Drawing and Disbursing
1687
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
Officer in respect of Head of Accounts mentioned below with the immediate effect till further
order:-
i.
2054-Tresury and Accounts Administration
098-Local Fund Audit
01-Local Fund Audit Organization.
12-Professional and Special Services.
ii
2235-Social security and Welfare
200-Other Scheme
11-reimbursement of Medical Expenses to pensioner other charges.
iii
8658-Suspense Accounts.
iv
2071-Pension and other retirement benefit
104-Gratuities of Himachal Pradesh Government.
v
7610-Loans to Government servants,
201-House Building Advance
208-Motor Vehicle advance
800-Other Advance
01-Advance to Government Servants
001-Loan to Government servants to purchase warm cloths.
vi
8009-State Provident Fund
101-Gernal Provident Fund
vii
2059-Public Works
01-Office Building
053-Maintenance and Repair
39-Maintenance Exp. of Local Audit Department
viii
8011-Insurance and Pension Fund
107-H.P.Govt. Employees Group Insurance Scheme
02-Saving Fund/Insurance Fund
By order,
Sd/-
Special Secretary (Finance)-cum-Director,
Local Audit Department.
__________
ENVIRONMENT, SCIENCE AND TECHNOLOGY DEPARTMENT
NOTIFICATION
Shimla-2, the 06-06-2012
No. STE-A(3)-6/2005-I.—In compliance to the instructions issued by the Principal
Secretary (AR) to the Government of Himachal Pradesh vide letter No. PER (AR) F(7)-2/98-Vol.I
dated 16-05-2012 , the Governor, Himachal Pradesh is pleased to nominate the Additional
Secretary (Environment, Science &Technology ) to the Government of Himachal Pradesh as Nodal
Officer for the purpose of implementation of Right to Information Act, 2005.
By order,
Sd/-
Chief Secretary.
1688
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
yksd fuekZ.k foHkkx
vf/klwpuk
f'keyk&2] 6&6&2012
la[;k%ih-ch-MCy;w¼ch½,Q ¼5½24@2011-&;r% fgekpy izns'k ds jkT;iky dks ;g izrhr gksrk gS fd
fgekpy izns'k ljdkj dks ljdkjh O;; ij lkoZtfud iz;kstu gsrq uker% Xkkao Mh0ih0,Q0 VªSPN@49]
mi&rglhy fugjh] ftyk e.Mh eas i.Mkj&rrkikuh lM+d ds fuekZ.k gsrq Hkwfe vftZr djuh visf{kr gS]
vr,o ,rn~ }kjk ;g vf/klwfpr fd;k tkrk gS fd mDr ifj{ks= eas tSlk fd fuEu fooj.kh eas fufnZ"V fd;k
x;k gS] mijksDr iz;kstu ds fy, Hkwfe dk vtZu vif{kr gSA
2- ;g vf/klwpuk ,sls lHkh O;fDr;kas dks] tks blls lEcfU/kr gks ldrs gSa] dh tkudkjh ds fy,
Hkw&vtZu vf/kfu;e] 1894 dh /kkjk-4 ds micU/kkas ds vUrxZr tkjh dh tkrh gSA
3- iwokZsDr /kkjk }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT;iky fgekpy izns'k bl le; bl
miØe esas dk;Zjr lHkh vf/kdkfj;kasas muds deZpkfj;kasas vkSj Jfedkas dks bykds dh fdlh Hkh Hkwfe eas izos'k
djus vkSj loZs{k.k djus rFkk ml /kkjk }kjk visf{kr vFkok vuqer% vU; lHkh dk;ks± dks djus ds fy,
lg"kZ izkf/kdkj nsrs gSaA
4- dksbZ Hkh fgrc} O;fDr ftls mDr ifj{ks= easas dfFkr Hkwfe ds vtZu ij dksbZ vkifRr gks rks og
bl vf/klwpuk ds izdkf'kr gksus ds 30 fnukas dh vof/k ds Hkhrj ls Hkw&vtZu lekgrkZ] yksd fuekZ.k foHkkx]
e.Mh] fgekpy izns'k ds le{k fyf[kr vkifRknk;j dj ldrk gSa A
fooj.kh
1689
jkti=] fgekpy izns'k] 7 twu] 2012@17 T;s"B] 1934
IN THE COURT OF D.K SHARMA, PRESIDING JUDGE, INDUSTRIAL
TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).
Ref No. 42 of 2009.
Instituted on. 15/6/2009.
Decided on 21/9/2011.
Ram Lal S/o Shri Mathu Ram R/o Village Chaiwan, P.O Kakarhati, Tehsil & District Solan,
H.P
…Petitioner.
Vs.
The Manager, Solan District Co-operative Marketing and Consumer Federation Ltd.
Saproon, District Solan, H.P.
…Respondent.
Reference under section 10 Industrial Disputes Act, 1947.
For petitioner :
Shri J.C Bhardwaj, AR.
For respondent :
Shri Daya Ram, AR.
AWARD
The following reference has been received from appropriate government for adjudication:-
“Whether the termination of services of Shri Ram Lal s/o Shri Mathu Ram, Salesman
w.e.f. 16/5/2007 by the Manager, The Solan District Co-operative marketing & Consumer
Federation Ltd. Saproon, District Solan, H.P without holding any enquiry and without
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complying with orders dated 11/8/2005 passed by the Deputy Registrar, Co-operative
Societies, Eastern Division, Shimla H.P is legal and justified? If not, what back wages,
seniority, service benefits and relief Shri Ram Lal S/o Shri Mathu Ram, salesman is
entitled to?”
2. It is averred that the petitioner was appointed as Assistant salesman with the
respondent federation during August, 1989 and promoted as salesman. The petitioner had
completed 240 days in a calendar year for the application of section 25-F of the Industrial disputes
Act, 1947. The petitioner was served with the chargesheet on 27/1/2005 for misappropriation of
funds. The services of the petitioner were terminated by the respondent vide order dated 31/3/2005
without holding proper enquiry. The Deputy Registrar, Cooperative Societies Eastern Division,
Shimla on appeal granted interim directions on 3/5/2005 staying the operation of termination order.
The respondent did not allow the petitioner to resume duties. The termination order was quashed
and set aside per order dated 11/8/2005 with a direction to reinstate the petitioner and initiate fresh
enquiry on each article of charge. The joining report of the petitioner was not again accepted. The
review petition filed by the Manager of the Federation was also dismissed on 30/11/2005 by the
Deputy Registrar, Co-operative Society, Shimla. The respondent did not comply with the order
dated 11/8/2005 passed by the Registrar, Co-operative Society, Shimla and issued memorandum on
19/4/2007 in which it was mentioned that the Board of Directors had reached at a decision to
impose punishment of dismissal from service of the petitioner with effect from 31/3/2005
retrospectively. The respondent Federation despite representation terminated the services of the
petitioner with effect from 16/5/2007 illegally. The manager of the Federation also lodged FIR at
police Station Solan alleging that amount of Rs. 49,018/- had been misappropriated wherein in the
chargesheet the misappropriated amount was mentioned as Rs. 1,04,646/-. The respondent
Federation had recovered Rs. 1,31,645/-, that is, excess amount of Rs. 82,627/- from the petitioner.
The petitioner filed a petition under section 72 of the H.P Co-operative Societies Act to the
Registrar, Co-operative Societies and Additional Registrar (Admn.) observed that the petition was
time barred and he failed in filing regular appeal under the service rules before competent authority.
The appeal was dismissed on 2/1/2008. The review petition filed under section 94 of H.P Co-
operative Societies Act before Joint Secretary Corporation was withdrawn in view of the bar of rule
23 of the service rules of the Solan District Co-operative, Marketing and Consumer Federation
Ltd., Solan by reserving the right to approach the appropriate forum and as such has filed claim.
3. The claim is opposed by the respondent on legal objections about relationship of
employee and employer between the parties and jurisdiction. On merits, it is stated that there is no
relationship of employee and employer between petitioner and respondent. The dispute was
initially raised against the respondent in his individual capacity but not against the Solan District
Co-operative marketing and Consumer Federation Ltd., Solan. The reference notified by the State
Government also indicates that the dispute is directed against the respondent in his individual
capacity and not against the Federation. The petitioner has mischievously omitted the respondent’s
name before the Tribunal and has unbecomingly indicated the Federation as respondent through its
manager. There was no Industrial Dispute under section 2(k) nor retrenchment under section 2(oo)
of the Act. The petitioner has opted to choose his statutory remedy under H.P Co-operative
Societies Act, 1968 in a punishment inflicted by way of disciplinary action.
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 services of the petitioner by the respondent
without holding any enquiry and without complying with the order dated
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11/8/2005 passed by the Deputy Registrar, Cooperative Societies, Eastern
Division, Shimla, H.P is illegal and unjustified as alleged?
OPP….
2.
If issue no.1 is proved, to what back wages, seniority, service benefits and relief,
the petitioner is entitled to?
OPP….
3. Whether there is no relationship of employee and employer between the parties as
alleged?
OPR…..
4. Whether the claim is not maintainable?
OPR…
5. Relief.
6. 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 with
twenty five percent back wages.
Issue no.3
No.
Issue no.4
No.
Relief.
Reference answered in affirmative per operative part of award.
Reasons for findings
Issue no.1.
8. Shri J.C Bhardwaj, AR for the petitioner has argued with vehemence that the enquiry
has been conducted in violation of the principles of natural justice and without affording
opportunity of being heard to the petitioner. It was urged that the order of dismissal was set aside in
appeal and the petitioner was ordered to be reinstated in service. It was further submitted that the
petitioner was not allowed to join duties and again order terminating the services of the petitioner
without conducting enquiry was passed illegally. The AR maintained that the petitioner was
entitled to reinstatement in service with all consequential benefits.
9.
Shri Daya Ram, AR for respondent has submitted that the petitioner had
misappropriated funds. It was urged that after due enquiry, the services of the petitioner were
terminated. It was further maintained that the charges against the petitioner were grave and his
services were again terminated by the respondent Federation. The argument has also been advanced
that the petitioner Ram Lal had served notice on the Manager of the Federation without serving any
notice on the Federation, therefore, the petition was also not maintainable.
10. On appraisal of the order dated 11/8/2005 passed by the Deputy registrar, Co-operative
Societies, Shimla it is apparent from paras 35, 36 and 37 that the enquiry was held to be illegal as
being devoid of reasons and against the principles of natural justice. Reference may be made to
para 35, 36 and 37 of the order which are as follows:
35“ The Enquiry Officer in his report has neither submitted the detailed findings on
each articles of charge nor the copy of the enquiry report has been supplied to the
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delinquent officials by disciplinary authority to afford him opportunity of being
heard as per requirement of ibid rule/law”.
36” The management of the respondent federation society on the basis of the
admission of charges by delinquent official decided to award major penality
without affording him opportunity of being heard as required under rules and
principles of natural justice. The copy of the enquiry report before imposing
major penalty was not provided to the delinquent official despite request made
which amounts to violation of conduct rules and principle of natural justice and
denying opportunity of being heard. It is settled law laid in a case Natwar-bhai. S.
Makwana Vs. Union Bank of India and others (1985) Lab. IC. 422 that admission
of charges on coercion/inducement where in sufficient detail in charge sheet not
given and penality imposed on concession is not proper.”
37” It is settled provisions of law that disciplinary proceedings by the department are
in the nature of quasi criminal proceedings much more so from the view point of
consequences of such proceedings. An employee visited with penality of
removal/dismissal from service (as done in the instant case) which would be
amount equivalent to economic death sentence. Therefore, proof of the facts
constituting misconduct has got to be emphasized. Ordinarily admission alone of
an delinquent official cannot be regarded as sufficient proof of misconduct as well
as the facts constituting misconduct.”
11. The review petition filed by the respondent federation before the Registrar came to be
assigned to Dy. Registrar Co-operative Socities, Eastern Division which also came to be dismissed
per order dated 30/11/2006 vide copy Ex. P-10.
12. The Deputy Registrar per final order dated 11/8/2005 observed as follows:-
“In view of the observation made herein above, the instant petition is allowed and the
order of termination dated 31/3/2005 of respondent no.3 is quashed and set aside. A
fresh enquiry on each article of charge shall be instituted to afford due opportunity of
being heard and shall be completed within two months from the receipt of this order
by respondent federation and take appropriate action accordingly keeping inveiw the
gravity of charges proved. The stay order dated 3/5/2005 is accordingly vacated with a
direction that the status quo as on 31/3/2005 shall be restored. No order as to cost.”
13. The aforesaid order makes it clear that after setting aside the order, the petitioner was
reinstated in service with effect from 31/3/2005. The petitioner submitted his joining report vide
Ex. P-8 on 11/8/2005 and the respondent federation did not allow the petitioner to join as is evident
from letter Ex. P-9 dated 27/8/2005 and instead of holding a fresh enquiry, as directed, the
respondent federation issued a show cause notice to the petitioner on the basis of proceedings
already held as is evident from Ex. P-18, copy of letter dated 19/8/2007 and the respondent
dismissed the petitioner from service with effect from 16/5/2007 per letter Ex. P-20. The
respondent did not comply with the directions of the appellate authority, therefore, the order to
terminate the services of the petitioner is illegal.
The petition filed by the petitioner against the order dated 16/5/2007 was dismissed by the
Additional Registrar (Admn.) vide Ex. P-17, copy of order dated 2/1/2007 as barred by limitation
and being not maintainable under section 72 of the H.P Co-operative societies Act and the review
petition filed by the petitioner was also allowed to be dismissed as withdrawn by the Joint Secretary
(Coop.), vide order dated 6/11/2008 copy of which is Ex. P-22.
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14. The matter is a service matter and the reference against un-lawful dismissal falls
squarely within the jurisdiction of this Court. Reference may be made to the decision reported in
(2006) 6 S.C 80 titled as Morinda Coop. Sugar Mills Ltd. Vs. Morinda Coop. Sugar Mills
Workers Union wherein in a case under Punjab Co-operative Societies Act, 1961, after making
reference to section 55 and 79 of the Act and pronouncements of the Apex Court in Deccan
Merchants Co-operative Bank Ltd. v. M/s. Dalichand Jugraj Jain (1969 (1) SCR 887) and Co-
operative Central Bank Ltd. and others etc. v. Additional Industrial Tribunal, Andhra
Pradesh, Hyderabad and others etc. [1969 (2) SCC 43]. it was held that dispute relating to
alterations of a number of conditions of service of the workman would not be covered by the
expression “touching the business of the society”. Apex Court observed as follows:
“Applying these tests, we have no doubt at all that the dispute covered by the first
issue referred to the Industrial Tribunal in the present cases could not possibly be
referred to decision to the Registrar under Section 61 of the Act. The dispute related to
alterations of a number of conditions of service of the workmen which relief could only
be granted by an Industrial Tribunal dealing with an industrial dispute. The
Registrar, it is clear from the provisions of the Act, could not possibly have granted
the reliefs claimed under this issue because of the limitations placed on his powers in
the Act itself. It is true that Section 61 by itself does not contain any clear indication
that the Registrar cannot entertain a dispute relating to alteration of conditions of
service of the employees of a registered society: but the meaning given to the
expression "touching the business of the society". In our opinion, makes it very
doubtful whether a dispute in respect of alteration of conditions of service can be held
to be covered this expression. Since the word "business" is equated with the actual
trading or commercial or other similar business activity of the society, and since it has
been held that it would be difficult to subscribe to the proposition that whatever the
society does or is necessarily required to do for the purpose of carrying out its objects,
such as laying down the conditions of service of its employees, can be sad to be a part
of its business, it would appear that a dispute relating to conditions of service of the
workmen employed by the society cannot be held to be a dispute touching the business
of the society."
15. The ratio of aforesaid decision makes it evident that dispute is adjudicable by this
Tribunal. The order terminating the services of the petitioner as is established from the order of
Deputy Registrar makes it evident that order was illegal. Once these findings came to be recorded,
it is evident that the respondent federation should have produced the record of enquiry to rebut the
conclusion. However, the report of the enquiry officer has not been adduced in evidence. Therefore,
the order terminating the services of the petitioner is also not sustainable on this score and is liable
to be set aside.
16. The allegation against the petitioner was misappropriation of funds and sale proceeds
of federation. The allegation without record could not have been substantiated. The plea of the
petitioner that more amount was also recovered from him has also to be proved in view of
uncontroverted averments. So, the matter has to be adjudicated after a thorough enquiry and it
cannot be substantiated without evidence or vague admission.
17. The petitioner has no doubt addressed notices to Shri Daya Ram, Manager, however, in
the reference it is the federation which had been made a party therefore, the respondent cannot
contend that it is not a valid reference. This issue is answered in favour of the petitioner.
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Issue no.2
18. 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 with
back wages @ Twenty five percent. This issue is partly answered in favour of the petitioner.
Issue no.3.
19. Admittedly, the services of the petitioner were engaged by the respondent Federation
as Assistant Salesman and his services have been terminated by the Manager of respondent
Federation on 31/3/2005 which makes it clear that there is employer and employee relationship
between the petitioner and respondent federation. The issue is answered against the respondent.
Issue no.4.
20. 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 with back wages @ Twenty Five percent. 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 September, 2011 in the presence of
parties counsel.
(Parveen)
By order,
Sd/-
Presiding Judge,
Industrial Tribunal-cum-
Labour Court, Shimla.
___________
HIGH COURT OF HIMACHAL PRADESH, SHIMLA - 171 001
NOTIFICATION
Shimla, the 2nd June, 2012
No. HHC/Admn.16 (7)74-X.—Hon’ble the Chief Justice, in exercise of the powers vested
in him U/S 139(b) of the Code of Civil Procedure, 1908, U/S 297(b) of the Code of Criminal
Procedure, 1973 and Rule 5(vi) of the H.P. Oath Commissioners(Appointment & Control) Rules,
2007 has been pleased to appoint Sh. Sumeet Datt, Advocate, Dharamshala, as Oath Commissioner
at Dharamshala, for a period of two years, w.e.f. 7.6.2012, for administering oaths and affirmations
on affidavits to the deponents, under the aforesaid Codes and Rules.
By order,
Sd/-
Registrar General.
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HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171001
NOTIFICATION
Shimla the 2nd June, 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 Chapter I of H.P. Financial Rules, 2009, has been pleased to
declare the Civil Judge (Junior Division)-cum-JMIC, Court No. III, Mandi as Drawing and
Disbursing Officer in respect of the Court of Civil Judge (Junior Division)-cum-JMIC, Court No.
IV, Mandi and also the Controlling Officer for the purpose of T.A. etc. in respect of establishments
attached to the aforesaid Court under head “2014-Administration of Justice” during the earned
leave period of Smt. Upasna Sharma w.e.f. 11.6.2012 to 20.6.2012 with permission to prefix
Second Saturday and Sunday falling on 9.6.2012 & 10.6.2012 or until she returns from leave.
By order,
Sd/-
Registrar General.
________
HIGH COURT OF HIMACHAL PRADESH, SHIMLA -171 001
NOTIFICATION
Shimla, the 2nd June, 2012
No. HHC/GAZ/14-323/2011.—Hon’ble the Chief Justice has been pleased to grant 10 days
earned leave w.e.f. 11.6.2012 to 20.6.2012 with permission to prefix Second Saturday and Sunday
falling on 9.6.2012 & 10.6.2012 in favour of Smt. Upasna Sharma, Civil Judge (Junior Division)-
cum-JMIC, Court No. IV, Mandi, H.P.
Certified that Smt. Upasna Sharma is likely to join the same post and at the same station
from where she proceeds on leave, after expiry of the above period of leave.
Also certified that Smt. Upasna Sharma would have continued to hold the post of Civil
Judge (Junior Division)-cum-JMIC, Court No. IV, Mandi, H.P. but for her proceeding on leave for
the above period.
By order,
Sd/-
Registrar General.
__________
HIGH COURT OF HIMACHAL PRADESH AT SHIMLA-171001
NOTIFICATION
Shimla, the 2nd June, 2012
No. HHC/GAZ/14-277/2004.—Hon’ble the Chief Justice has been pleased to grant ex-post
facto sanction of five days’ commuted leave w.e.f. 1.5.2012 to 5.5.2012 in favour of Shri Vivek
Khanal, Civil Judge (Junior Division)-cum-JMIC, Rajgarh, District Sirmaur, H.P.
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Certified that Shri Vivek Khanal has joined the same post and at the same station from
where he proceeded on leave, after expiry of the above period of leave.
Also certified that Shri Vivek Khanal would have continued to hold the same post of Civil
Judge (Junior Division)-cum-JMIC, Rajgarh, District Sirmaur but for his proceeding on leave for
the above period.
By order,
Sd/-
Registrar General.
__________
HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001
NOTIFICATION
Shimla, the 29th May, 2012
No. HHC/Admn. 3 (359)/92.—28 days commuted leave on and w.e.f 25.04.2012 to
2.05.2012 is hereby sanctioned, ex-post-facto, in favour of Shri M.R.Rolta, Court Master of this
Registry.
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
NOTIFICATON
Shimla, the 2nd June, 2012
No. HHC/Admn. 3 (153)/80-I.—12 days earned leave on and w.e.f. 11.06.2012 to
22.06.2012 with permission to prefix second Saturday and Sunday falling on 09.06.2012 and
10.06.2012 is hereby sanctioned in favour of Smt.Neelam Thakur, Assistant Registrar of this
Registry.
Certified that Smt. Neelam Thakur is likely to join the same post and at the same station
from where she proceeds on leave after the expiry of the above leave period.
Certified that Smt.Neelam Thakur would have continued to officiate the same post of
Assistant Registrar, but for her proceeding on leave.
By order,
Sd/-
Registrar General.
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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001
NOTIFICATION
Shimla, the 2nd June, 2012
No. HHC/Admn. 3 (139)/79.—20 days earned leave on and with effect from 04.06.2012 to
23.06.2012 with permission to affix Sundays falling on 3.6.2012 and 24.6.2012 is hereby
sanctioned in favour of Shri Kamal Kishore Sood, Deputy Registrar of this Registry.
Certified that Shri Kamal Kishore Sood is likely to join the same post and at the same
station from where he proceeds on leave after the expiry of the above leave period.
Certified that Shri Kamal Kishore Sood would have continued to officiate the same post of
Deputy Registrar but for his proceeding on leave.
By order,
Sd/-
Registrar General.
_________
HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001
NOTIFICATION
Shimla, the 2nd June, 2012
No. HHC/Admn. 3 (283)/90.—07 days earned leave on and with effect from 02.06.2012 to
08.06.2012 with permission to suffix second Saturday and Sunday falling on 9.6.2012 and
10.6.2012 is hereby sanctioned in favour of Shri Chhape Ram, Deputy Registrar-cum-Special
Secretary to Hon’ble the Chief Justice of this Registry.
Certified that Shri Chhape Ram is likely to join the same post and at the same station from
where he proceeds on leave after the expiry of the above leave period.
Certified that Shri Chhape Ram would have continued to officiate the same post of Deputy
Registrar-cum-Special Secretary to Hon’ble the Chief Justice but for his proceeding on leave.
By order,
Sd/-
Registrar General.
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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001
NOTIFICATION
Shimla, the 2nd June, 2012
No. HHC/Admn. 3(202)/83-I.—07 days commuted leave on and with effect from
17.5.2012 to 23.5.2012 is hereby sanctioned, ex-post-facto, in favour of Smt. Veena Joshi, Court
Master of this Registry.
Certified that Smt Veena Joshi has joined the same post and at the same station from where
she had proceeded on leave after the expiry of the above leave period.
Certified that Smt Veena Joshi would have continued to officiate the same post of Court
Master but for her proceeding on leave.
By order,
Sd/-
Registrar General.
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