jkti=] fgekpy izns'k

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f”keyk] lkseokj] 22 vizSy] 2013@2 oS'kk[k] 1935

fgekpy izns'k ljdkj

HIGH COURT OF HIMACHAL PRADESH, SHIMLA- 171 001

NOTIFICATION

Shimla, the14 the September, 2012

No. HHC/Rules(Vol-V)/1997.—In exercise of the powers vested in it under Section 23 of

the State of Himachal Pradesh Act, 1970, Section 129 of the Code of Civil Procedure, 1908, as

amended upto date, Section 477 of the Code of Criminal Procedure, Article 225 of the Constitution

of India and all other powers enabling hereunto, the High Court of Himachal Pradesh is pleased to

amend the rules for the scrutiny Maintenance of Judicial Records, Administrative and Executive

Business of the High Court of Himachal Pradesh:—

1. Short title.— (1) These rules may be called the "Himachal Pradesh High Court

(Scrutiny, Maintenance of Judicial Records,Administrative and Executive Business) Rules, 2012,

(Ist amendment).

2. Commencement.—These rules shall come into force with immediate effect.

16&jkti=@2013&22&04&2013 ¼347½

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Amendment.—Part-I, Part-II and Part-III of the Chapter-4 i.e. Maintenance and

Destruction of Registers, Case files, returns and Correspondence of the Rules "Himachal Pradesh

High Court (Scrutiny, Maintenance of Judicial Records, Administrative and Executive Business)

Rules, 1997 shall be substituted by the following:—

Part I-General

All judicial records, books and papers in respect of which

the period, hereinafter prescribed, for their preservation has

expired, shall be destroyed in accordance with the direction

contained in the rules next following. Provided that the

Deputy Registrar may order, for reasons to be specified,

that any particular paper or the record of any particular case

be preserved beyond such period.

Destruction of records to be

made in accordance with the

following rules.

The destruction of Judicial records,books and papers, shall

be carried out from time to time as may be necessary,and,

subject to the general superintendence of the Deputy

Registrar, shall be supervised by such officer, hereinafter

called the supervising officer, as may be appointed by the

Chief Justice for the purpose.

Supervision of destruction.

The destruction of judicial records, books and papers,

including all Court fee stamps affixed thereto shall be

effected by machine shredding in the presence of

supervising officer.

Manner of destruction of

record and stamps.

Part -II JUDICIAL RECORDS

4. Every judicial record shall, for the purposes of these rules,

consist of two parts, namely (1) Part-A and (2) Part-B,

Every document admitted to such records shall be marked

with the letter A or the letter B - according as it belongs to

Part A or Part B, and shall be placed with such file and

shall without delay be entered in the general index prefixed

to each such record.

"When a fresh amended petition has been filed

incorporating the amendment duly granted, the original

petition must remain on the paper book and must be placed

immediately after the amended petition on Part A of the

file.

"(OONo.HHC/JUDL/INST/11-3/96,dated

Dec.6,

1996)."

Division into Parts 'A' and 'B'

5. Part A of the Civil Judicial record shall consist of the

following:—

(a) Original Suits

1. The index of papers.

2. The order sheets, including orders passed on all applications

and orders framing is sues.

3. The plaint, written statement & replication together with

any schedule annexed thereto, and all documents whether

original or copies, filed with the plaint.

Note:-In miscellaneous case the petition or written

application of the party setting the Court in motion will take

the place of the plaint.

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4. All misc applications of all nature filed in the suit and the

orders passed thereon.

5. All depositions of witnesses.

6. All documents or certified copies thereof received by the

Court during the trial as evidence between the parties.

7. Commissions, proceedings, held thereunder and reports and

examination of commissioners.

8. Affidavits.

9. Reports furnished by the record department.

10. Applications to refer to arbitration, reference to arbitration,

the award or other final return of the arbitrators, with the

proceedings, depositions and documents submitted therewith

and any application to set aside the award with the Court's

orders thereon.

11. Instruments of withdrawal, compromise or admission of

claim(s) and counter-claims.

12. The decree and all documents relating to the preparation or

amendment thereof.

13. The judgment or other final order.

14. The decree and all documents relating to the preparation or

amendment thereof.

15. Application for the re-admission of a suit dismissed for

default or for the rehearing of a suit decreed ex-parte.

16. Applications for review of judgment with the Courts orders

hereon.

17. All receipts and acknowledgments filed in execution

proceedings.

18. Summons alongwith report of service in exparte cases.

(b) In Appeals and Miscellaneous cases (including Reference and Revision proceedings)

1. The Index.

The memorandum of appeal, cross objections, if any,all

orders

passed thereon in the main appeal, all

miscellaneous

applications

filed

appeal/revision/

references suo motto or on oral request made during the

pendenc y of appeal.

Note: Findings on issues and record of evidence received

from trial Court pursuant to order under Order 41 Rule 22

and 25 shall be transferred to the file of Civil suit returned

to the court concerned.

The notice, with report of service, in ex parte cases.

4. Memorandum of cross objections under Order XLI,Rule 22

or 26 of the Civil Procedure Code.

Security bond for costs filed by the appellant.

6. Depositions of parties or witnesses.

7. Commissions, proceedings held thereunder and reports and

examinations of Commissioners.

8. Documents filed by the parties.

9. Affidavits, except those presented with applications which

are rejected.

10. Applications to refer to arbitration, references to

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arbitration, the award or other final return of the

arbitrators, with the proceedings depositions and documents

submitted therewith, and any application to set aside the

award with the Court's orders thereon.

11. Instruments of withdrawal, compromise or admission of

claim(s) and counter-claims.

12. The Court's judgment or final order.

13. The decree and all documents relating to the preparation or

amendment thereof.

14. Applications to refer to arbitration, references to arbitration,

the award or other final return of the arbitrators, with the

proceedings

depositions

and

documents

submitted

herewith, and any application to set aside the award with

the Court's orders thereon.

15. Application for review of judgment with final order

thereon.

16. Reference under Order XLI Rule 1 of the Civil Procedure

Code or other law, with the final order.

17. One copy of the printed record of Civil appeals heard by

the High Court, when such printed paper books are

prepared. Where Paper Book is not printed in the original

suits and CWP, original pleadings and documents filed

therewith.

(C) In Civil Writs

1. The index.

2. The petition together with any schedule annexed thereto,

reply, rejoinder, including annexures, all applications filed in

writ petitions along with annexures and orders passed from

time to time on the main matter as also on miscellaneous

applications.

3. Affidavits except those presented with applications which

are rejected.

4. Depositions of the witnesses.

5. Commissions, proceedings held thereunder and reports and

examination of Commissioners.

6. Instruments of withdrawal, compromise or confession.

7. Court's judgment or final order.

8. Application for review of judgment with final orders

thereon.

9. Notice with report of service in ex parte cases.

10. Application for re-admission of petition dismissed in default

or for the rehearing of the petition decided ex-parte with

final order, thereon.

11. One copy of paper book in all cases in which paper book is

printed, cyclostyled or typed.

Part B of Civil Judicial Record

6. Subject to any direction by the Court to the contrary part B

of a Civil judicial record shall consist of all documents in

such records as are not indicated in the preceding rule as

belonging to part A.

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Part A of Criminal Judicial Record

Part A of a criminal Judicial record shall consist of the following

documents, namely:—

(a) In an original trial of all papers.

(b) In an appeal, reference and revision of--

(1) The Index.

(2) The petition of appeal or revision, orders recorded in the

main case and all orders passed in miscellaneous

applications or letter of reference.

(3) Any additional evidence taken under the orders of the High

Court on remand.

(4) Judgment and formal order of the Court.

(5) Copies of judgments of the lower courts.

(C) In Criminal Writs:

(1) The Index.

(2) The petition together with schedule annexed thereto.

(3) Interlocutory orders of the Court.

(4) Judgment or final order of the Court.

(5) Copies of the judgments of the lower Courts.

Part B of Criminal Revision record

Subject to any direction by the court to the contrary Part B

of a Criminal Judicial record shall consist of all documents

in such records as are not indicated in the preceding rule as

belonging to Part A.

9. The following document belonging to Part A of a judicial

record shall be preserved permanently, namely:—

In Civil Cases including Civil Writs:

(1) The Index.

(2) The judgment of the Court.

(3) The decree of the court.

(4) Un-returned deeds of title.

(5) One copy of the printed paper book in all cases in which a

paper book is printed.

(6) In other cases copies of the judgments of the courts below

and the memorandum of appeal presented in the High

Court.

(7) Where paper book is not printed in Original suits and

CWPs, original pleadings and documents filed therewith.

In criminal cases including Criminal Writs:

(1) Copy of Index and memorandum of appeal presented in the

first Appellate court and thereafter in the High Court.

(2) The judgment of the Court.

(3) Un-returned deeds of title.

(4) One copy of the printed paper book in all cases in which a

paper book is printed and in other cases copies of the

judgments of the court below and the memorandum of

appeal presented in the High Court.

Records to be preserved for thirty years

10. Subject to the provisions of Rule, the following records

shall be preserved for thirty years, namely:

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(1) Part-A in all original side Civil Cases.

(2) Part-A of all appeals involving title to immovable property

as defined in Section 3 Clause 26 of the General Clauses

Act, 1897 (No.X of 1897).

(3) Part A of proceedings under the Guardian and Wards Act,

1890 (No. VIII of 1890) and the Indian Succession Act,

1925 (No. XXXIX of 1925) and all cases connected with

the custody and disposal of intestate property.

(4) Judgment of the Supreme Court in appeals preferred from

orders of the High Court.

(5) Murder references.

(6) Original criminal trials.

(7) Part A of appeals or references under Chapter XXXII,

Criminal Procedure Code, in which the orders of the Courts

below have been interfered with.

(8) Part A of criminal cases in which a lunatic is concerned

unless the lunatic shall have been subsequently tried or

have died.

(9) Cases in which any Public Servant has been tried as such.

Record to be preserved for twe lve years

11. Subject to the provisions of Rule 9 and 10, the following

records shall be preserved for twelve year, namely:—

Part A of Civil and Criminal Appeals and Civil and

Criminal reference cases not mentioned in Rules 9 and 10.

(1) Part A of all appeals relating to the succession to an office

or to establish or set aside an adoption or otherwise

determine the status of an individual and of all appeals

relating to trusts or religious endowments.

(2) Part A of proceedings under the Guardian and Wards Act,

1890 (No.VIII of 1890) and the Indian Succession

Act,1925 (No. XXXIX of 1925) and all cases connected

with the custody and disposal of interstate property.

(3) Part A of Criminal Appeal and Reference cases relating to

cases decided by the Courts of Sessions and all cases

coming under Chapters XII and XVII Indian Penal Code to

which Section 75 of the Indian Penal Code is applicable,

provided that in the cases referred to in (9), (10) and (11), if

the sentence has not been fully executed,the record shall be

preserved until the return of the warrant with the report that

the sentence has been undergone and shall then be

destroyed.

(4) Part A of cases heard in the Exercise of Insolvency

jurisdiction other than that conferred by act V of 1920.

(5) Records in Writ Petitions under Article 226 of the

Constitution of India, provided that such record shall be

preserved for 3 years only in those cases where a writ

petition is dismissed in- limine or on preliminary hearing or

when it is dismissed as withdrawn or as infructuous.

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(6) Cases in which any public servant has been tried as such.

Record to be preserved for three years

12. Subject to the provisions of Rule 9, the following records

shall be preserved for three years namely:-

Part A of the record in applications for the exercise by the

Courts of its revisional jurisdiction under the Code of

Criminal Procedure.

13. Part B of a judicial record and applications of a

Miscellaneous character filed with such record shall be

destroyed after expiry of one year, provided that where an

appeal filed in the Supreme Court, Part B of the record of

such a cases shall be preserved till the judgment of the

Supreme Court has been communicated to this Court.

Time for destruction of Part

14. The period prescribed by Rules 10,11 and 12 of these rules

for the preservation of judicial record, shall be reckoned

from the date of the final order of the Court in the case.

Date from which period to

be reckoned.

15. A note of every judicial record destroyed under the

provisions of these rules shall be made, under the signature

of the supervising officer, at the time of destruction in the

Index prefixed to such record.

Note of destruction to be

made in the register etc.

16(i) Documents belonging to private persons or to Government

as a party to the proceedings or which have been

impounded in the cases which they were produced shall not

be destroyed, but shall be dealt with in the manner provided

by the clauses of this rule next following:

(ii) When the period prescribed by Rules 10, 11 and 12 of these

rules for the preservation of part A of a judicial record has

expired, and before such part is destroyed all documents of

the nature specified in clause (i) of this rule shall be

removed there from and kept till application is made for

their return.

(iii) A document shall not be returned within the period

specified in order XIII, rule 9 of the Code of Civil Procedure,

until a certified copy thereof has been delivered to be substituted

for the original, nor shall a document be returned which has been

ordered to be impounded or which has, by force of a decree or

order of the Court, become void or useless, or which is required

by law to be filed and preserved, e.g., a will under Section 294

of the Indian Succession

Act, XXXIX of 1925.

Private

Government

documents and impounded

documents how to be dealt

with.

Part-III

REGISTERS

Sl.

Name of Registers

Period

Preservation (in

years)

Review Petition HCD/R-18

Forever

Civil Revision H.C.JD/0

-do-

LPA

-do-

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COPC H.CD/R-15

-do-

CWP and CWP(T)

-do-

RFAs, RSAs, FAOs, OSAs

-do-

Copying H.HC.83

-do-

No.1 Register of Civil Suit

12 year

Forever

OMP(M) H. HC/R-8

-do-

Criminal Appeals.

-do-

Criminal Revision HCD/R-10

-do-

Cr. MMO & Cr. MP(M)

-do-

Cr. WP & Cr. WPIL

-do-

Cr. OPC

-do-

Murder References/D.S.R. HCD/13

-do-

Casual Leave Register

2 years

Inventory Register, High Court Guest House.

30 years

Sessions Guest House, Solan

6 years

Sessions Guest House, Kullu

-do-

Sessions Guest House, Keylong

-do-

Sessions Guest House, Palampur

-do-

Sessions Guest House, Manali

-do-

Sessions Guest House, Dharamshala

-do-

Sessions Guest House, Revenswood

-do-

Sessions Guest House, Dalhousie

-do-

High Court Guest House, Kasauli

-do-

Petrol record registers of all the vehicles of the High Court.

12 years

Repair/ Maintenance record registers of all the vehicles of High Court.

-do-

Misc. Registers for purchase of flags etc. for the earmarked vehicles of

Hon’ble Judges and Registrars including purchase of misc. items for all

the vehicles.

-do-

Log Books of the Judges Relief Vehicles, earmarked vehicles of

Registrars and General Pool vehicles.

-do-

Statutory Furniture Stock register of Hon’ble the Chief Justice and

Hon’ble Judges.

30 years

Misc. Accounts Register of perishable furniture Articles & repair of

Courts and official residences of Hon’ble the Chief Justice and other

Hon’ble Judges.

-do-

Dry Cleaning register

12 years

Garden Tools register

-do-

File opening register

-do-

Mannure/Khad register

-do-

Account register regarding hosting lunch & dinners to Hon’ble the

Chief Justice of India and other High dignitaries

6 years

of Hon’ble the Chief Justice and other Hon’ble Judges.

30 years

the Chief Justice and Hon’ble Judges.

6 years

Mobile stock register & Mobile charger register

12 years

Cordless phone register

12 years

Coal/ fire wood register

6 years

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Mini EPABX register installed at official residence

12 years

Electrical appliances purchase register

-do-

Electricity and water bill register

-do-

Stationery register

30 years

Misc. purchase register

30 years

Casual leave/ compensatory leave account registers.

3 years

Pay Bill Register

As per Govt.

Rules

Medical bill entries Register

-do-

Service record Register

-do-

L.T.C. Register

-do-

Bill Register

-do-

Casual Leave Record Register

3 years

Cash Book

As per Govt.

Rules

Acquitance Registers (Class-I, II, III & IV)

-do-

Acquitance Registers Class-I to IV (HPAT)

-do-

FDR Register

-do-

Permanent Advance Register

-do-

Bill Register

-do-

Office Expenses Appropriation Register

-do-

Motor Vehicle Appropriation Register

-do-

Wages, Livery, Professional & Special services, Rent, Rate & Taxes,

Hospitality & Entertainment Expenses, Sumptuary Expenses, Training

and other charges appropriation Register.

-do-

Medical Reimbursement Appropriation Registers

-do-

Budget Allocation Register

-do-

Court wise monthly allocation/ expenditure Register

-do-

Revised Budget Estimates for the current financial year and next

financial year Budget Estimates in respect of Subordinate Courts

including Tribal Courts as well as Fast Track Court’s Register.

-do-

Monthly reconciled consolidated figures in respect of High Court as

well as Subordinate Courts Register

-do-

Ist/ Final Excesses & Surrenders Statements Register.

-do-

0070-Receipts Estimates in respect of Subordinate Courts including

Tribal Courts as well as Fast Track Courts in H.P. Register.

-do-

Casual Leave Account Register

3 years

Pay Bill entry Register

As per Govt

Rules

Group Insurance Scheme Register

-do-

House Rent Allowance Entry Register

-do-

T.A. Register

-do-

L.T.C. Register

-do-

Fixed Deposit Receipt entering Register

-do-

Receipt Register regarding deposit of proclamation charges, publication

charges and Road & Diet Money Register

-do-

Disbursement Register (i.e. payment to the publishers, witnesses etc.

-do-

Cash Register

-do-

Electricity charges Register.

-do-

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Water Charges Register

-do-

Electricity & Water Charges Register in respect of Judicial Officers in

High Court of H.P.

-do-

Calculator/ distribution Register

-do-

Purchase of photocopiers & equipments Register

-do-

Officers and Officials of the Registry

-do-

Hon’ble Judges in the High Court of H.P.

-do-

Typewriters, purchase/ distribution Register

-do-

Fax machines/ copy printers and equipments Register

-do-

Court and Subordinate Courts.

-do-

Recovery register of motor car/ scooter loan taken from State Co

operative Bank by the Court Employees Register.

-do-

File number opening register of HBA and Car Loan in respect of High

Court & Subordinate Courts Register

-do-

Hon’ble High Court

-do-

Class-I Officers GPF subscription, advance/ withdrawal Register

-do-

Class-II Officers GPF subscription advance/ withdrawal Register

-do-

Class-III officials GPF subscription, advance/ withdrawal Register

-do-

Officials of the Registry

-do-

100

File opening Register in respect of GPF subscribers.

-do-

101

File opening Register in respect of Contributory Pension Scheme

account holder

-do-

102

Institution register regarding institution of cases in the Hon’ble Apex

Court.

Permanent

103

Original record sent to the Hon’ble Apex Court

-do-

104

Copies of order(s)/judgment(s) sent to the Dealing Assistants of Judicial

Branch.

6 years

105

File movement register

12 years

106

Attendance register

3 years

107

Record returning register, regarding original record returned to the

Record Keeper.

Permanent

108

Stock Registers of livery, electrical, computers etc.

Permanent

109

Stationery Registers

12 years

110

High Court Guest House Purchase

-do-

111

Misc. Registers (Purchase, Distributions etc.)

-do-

112

Perishable Items Registers

-do-

113

Telephone Registers (Landline and Mobile)

-do-

114

Crockery Registers

-do-

115

Diesel Purchase

-do-

116

Assistant Registers

12 Years

117

Convergancy Registers

-do-

118

Clerks to the Advocate

30 Years

Registration Registers

119

Oath Commissioners Registration Register

-do-

120

Roster Maintaining Registers

Permanent

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121

Establishment Registers

-do-

122

File Opening Registers

-do-

123

Increment Registers

30 years

124

Inventory Registers

12 years

125

Stock Registers

-do-

126

Newspaper Subscription Registers

3 years

127

Accession/Stock Registers

6 years

128

RTI Application Registration Register

3 years

129

PIL Registration Register

Permanent

By Order,

Sd/-

High Court of Himachal Pradesh.

___________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA

NOTIFICATION

Shimla, the 14th June, 2011

No. HHC(R&P/Rules/HPAT-2010.—Hon'ble the Chief Justice of the 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 amendments in

"The High Court of Himachal Pradesh(Absorption and Conditions of Service etc. of Officers

and Empoyees of the erstwhile Himachal Pradesh State Administrative Tribunal (since

abolished), Rules, 2010 ."

Short title.—These Rules shall be called "The High Court of Himachal

Pradesh(Absorption and Conditions of Service etc. of Officers and Empoyees of the erstwhile

Himachal Pradesh State Administrative Tribunal (since abolished)(1st Amendment), Rules,

2011."

Commencement.—They shall come into force with immediate effect.

Amendmen.—Item No. 17 of Second Schedule annexed to the High Court of

Himachal Pradesh (Absorption and Conditions of Service etc. of Officers and Empoyees of

the erstwhile Himachal Pradesh State Administrative Tribunal (since abolished), Rules, 2010,

shall be substituted as under:

Sr.

No.

Name of

the Post

No.

of the

Posts

Mode of appointment

Qualific

ation

Experience/

length of

service in

feeder

cadre

scale of pay

17.

Clerks

i) 80%

direct

recruitment

ii) 20% by transfer from

amongst

the

Restorers,

failing

Graduation

Matric

Hindi Rattan

Sanskrit

(Pragya)

5 years

`5910

20200

1900 Grade

Pay.

358

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which by selection on

the basis of limited

competitive

examination

from

amongst

Class-IV

servants

the

erstwhile

H.P.Administrative

Tribunal.

Candidates appointed

by any of the aforesaid

modes shall have to pass

the typing test with a

minimum speed of 30

words per minute. within

the period of probation,

which

terms

includes

extended probation period,

if any.

with

(English)

By order of Hon'ble the

Chief Justice

( C.B. BAROWALIA)

Registrar (Subordinate Judiciary and Judicial).

_________

HIGH COURT OF HIMACHAL PRADESH SHIMLA–171001

NOTIFICATION

Shimla, the 17th April, 2013

No.HHC/GAZ/14-181/87-I.— Hon’ble the Chief Justice has been pleased to grant sanction

of 15 days’ earned leave w.e.f. 16-4-2013 to 30-04-2013 with permission to prefix holidays falling

on 13th, 14th,15th April 2013 being Second Saturday, Sunday and Gazetted holiday in favour of

Shri T.S. Kaisth District & Session Judge Chamba.

Certified that Shri T.S. Kaisth 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 T.S. Kaisth would have continued to hold the same post of District

& Session Judge, hamba 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, the 16th April, 2013

No.HHC/Admn.16 (20)75-II.—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. Subhash Chand Thakur, Advocate, Ghumarwin, as Oath

Commissioner at Ghumarwin for a period of two years, with immediate effect for administering

oaths and affirmations on affidavits to the deponents, under the aforesaid Codes and Rules.

By order,

Sd/-

Registrar General.

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171 001

NOTIFICATION

Shimla, the 17th April, 2013

No.HHC/Admn.6 (18)77-VII.—In exercise of the powers vested in it under Section 13 of

the Code of Criminal Procedure, 1973, the High Court of Himachal Pradesh has been pleased to

confer the powers of Special Judicial Magistrate Ist Class, upon the District Magistrate/Executive

Magistrates (not below the rank of SDMs) in Una District, w.e.f. 19th April, 2013(afternoon) to

22nd April, 2013(before lunch) inclusive of journey day(s), for disposal of urgent criminal work i.e.

police remand and judicial remand etc. in the absence of the Judicial Officers of Una Division.

By order,

Sd/-

Registrar General.

_________

HIGH COURT OF HIMACHAL PRADESH AT SHIMLA-171001

NOTIFICATION

Shimla, the 17th April, 2013

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 1 of H.P. Financial Rules, 2009 has been pleased to declare the

Presiding Officer, office of Additional District and Sessions Judge, Fast Track Court, Chamba as

Drawing and Disbursing Officer in respect of the Court of District and Sessions Judge, Chamba and

also the Controlling Officer for the purpose of T.A. etc. in respect of establishment attached to the

aforesaid Court under head “2014-Administration of Justice during the leave period of Shri

T.S.Kaisth, District and Sessions Judge, Chamba, H.P. w.e.f. 16.4.2013 to 30.4.2013 with permission

to prefix gazetted holiday falling on 13th, 14th and 15^th April, or till he returns from leave.

By order,

Sd/-

Registrar General.

360

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

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MUNICIPAL COUNCIL SUNDERNAGAR

(CONTROL AND REGULATION OF) OF MUCK DUMPING BYE-LAWS, 2013

NOTIFICATION

Dated the11th April, 2013

No.—The following Muck dumping by-laws, 2013 made by the MC Sundernagar in

exercise of the power conferred by section 216, 217 and Section 219 read with clause (y and z b) of

sub section 202 of the Himachal Pradesh Municipal Act, 1994 (act No. 13 of 1994) as amended

from to time to time are hereby published in the Rajpatra, Himachal Pradesh (extraordinary ) for

the information of general public and notice is hereby given that the said draft bye-laws shall be

361

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

considered by the MC Sundernagar after expiry of a period of 15 days from the date of its

publication in the Rajpatra, Himachal Pradesh.

If any person, likely to be affected by these draft bye-laws had any, objection (s) against

these draft rules, he may sent the written objections to the Executive officer/Secretary of concerned

ULB, within the aforesaid period.

Objections, if any, received within the period as specified above, shall be taken into

consideration by the MC Sundernagar before finalizing these bye-laws namely:—

“MC Sundernagar--(Control and Regulation) of Muck Dumping Bye-laws, 2013”

PRELIMINARY

Short title, commencement and application.—(i) These Bye-laws may be called

“MC/NP--(Control and Regulation) of Muck Dumping Bye-laws, 2013”

(ii) These Bye-laws shall come into force from the date of their publication in the Rajpatra

(extraordinary) Himachal Pradesh.

(iii) These Bye-laws shall be applicable within the jurisdiction of MC Sundernagar---as

defined from time to time.

2. Definitions.—(i) In these Bye-laws, unless the context otherwise requires:—

(a)

“Act”-means the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994)

asamended from time to time.

(b) “Applicant”- means any person applying for permission for dumping of Muck in the

authorized dumping places as specified by the MC/NP.

(c) “Authorized Officer”- means any Executive Officer duly authorized by the MC

Sundernagar under these Bye-laws.

(d) “Muck”- includes earth of stone, material of any description or any rubbish or polluted

or obnoxious matter or Debris including building, construction waste.

(e) “Place”- means authorized site specified by the MC Sundernagar----for dumping of

muck.

(f) “Judicial Magistrate First Class”- means the Judicial Magistrate having jurisdiction

over the area of MC Sundernagar--- under the Act.

(g) Words and expressions used in these Bye-laws but not defined herein shall have the

meaning respectfully assigned to them under the Act.

3. Prohibition on Muck Dumping.—(i) no person, either by himself of through another,

shall knowingly of otherwise throw or cause to be thrown any kind of Muck in any place other than

the place specified by the MC Sundernagar-for dumping of Muck within their area.

(ii) Any person found dumping the Muck illegally, un un-authorisly and without any

permission shall be liable for penalty under these Bye-laws and the vehicle or tools used for the

dumping shall be impounded.

362

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

4. Procedure for Application and grant of permission.—(i) applicant or the person

concerned intended to commence the construction within the area of the MCSundernagar shall in

writing submit detailed estimate of Muck to be generated from the plot/construction site to the MC

on the prescribed proforma annexed with these Bye-laws as appendix-I at the time of submission of

their building map/plan for sanction. The building plan without such estimate shall not be

considered for sanction.

(ii) The estimate submitted by the applicant shall be verified by the concerned official after

spot inspection and thereafter the carriage of muck to be generated from the Plot/construction site

shall be assessed for raising the bill and for according necessary permission in favour of the

applicant.

(iii) The permission for dumping of debris shall be accorded only after obtaining receipt of

the amount deposited by the applicant in the MC Sundernagar----on this account.

(iv) The place for dumping of muck shall be communicated to the applicant by the MC

Sundernagar authorities in writing and the name of the place/site for dumping of debris by the

applicant shall also be mentioned in their building sanction letter. Further, intimation of the same

shall also be given to the contractor hired or engaged by the MC for managing the dumping site.

(v) During transportation of the Muck, a person shall have to carry the original permission

a copy of which shall be affixed on the windscreen of the MC Sundernagar at the time of

inspection.

(vi) There shall be restriction on movement of the vehicle carrying Muck after the sun set

and before the sun rise. The normal timings for dumping the Muck in the dumping site shall be

between 9:00 A.M. to 5:00 P.M. However, in the case of exigencies, the MC Sundernagar may in

writing relax such restrictions.

(vii) No one shall be permitted to carry the digging and excavation of plot or land after

sun set and before sun rise but the MC Sundernagar in the larger public interest or in the case of

emergent situation may relax such imposition/restrictions on receiving written request from the

applicant or the concerned agency or the authority interested in this regard.

(viii) the person after obtaining the sanction of building map from the competent authority

of before raising the construction at site is required to install a painted board of the size 2’x2’

indicating there in the number and date of the sanction, commencement of construction and hours

during which construction can be carried out, time when excavation can be done, name of dumping

site allotted to the applicant for the purpose of dumping muck, nature of sanction, the area of

construction sanctioned on each floor and the telephone number of the office 01907-267244 set up

by the MC-Sunder Nagar for entertainment of complaints etc.

(ix) the MC shall prescribe the conditions relating to the application of muck generation

from the plot, grant of sanction for muck disposal and condition relating to affixing of board at site

giving therein the detail as mentioned in clause (viii) at the time of grant of building sanction.

5. Rates for dumping of Muck- the following rates shall be applicable for dumping of

Muck in the specified places.

(i) Pickup

Rs. 150- per pickup

(ii) Tipper light duty

Rs.300-per tipper

(iii) Tipper Heavy duly/truck

Rs. 500/- per tipper/truck

(iv) Mules & Manual

Rs 5/ per cement bag

An increase of 10% on these rates shall be applicable after every financial year which shall

be notified by the MC Sundernagar.

363

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

6. Duties and responsibilities of person concerned.—(i) it shall be the duty and

responsibility of owner to make available all the sanction/permission granted by the competent

authority to the person so hired or engaged by him for dumping of Muck in a specified places as

specified by the MC-Sunder Nagar.

(ii) Whosoever is found dumping Muck other than the place specified by the MC Sunder

Nagar, the owner or the person caught dumping the Muck shall be liable jointly for penalty under

these bye-laws.

(iii) At the time of transportation of Muck the person concerned shall make available the

permission to the inspecting staff at the time of inspection of vehicle without causing any

hindrance.

7. Impounding of vehicle.—(i) the authorized officer or the police establishment of the

MC Sundernagar in this behalf either on the information received by himself of through other

source shall immediately on receiving such information may stop and inspect the vehicle carrying

muck for the purpose of ascertaining the required permission at any point if time and impound the

same if found violating the provisions of these Bye-laws.

(ii) The vehicle shall only be released in case the register owner of the vehicle applies for

compounding of offences under these Bye-laws.

(iii) The official impounding the vehicle shall immediately report in writing about the

impounding of vehicle to the authority officer/official and keep the same in custody at the place

designation by the MC Sundernagar till it is not released to the registration owner. The halt charges

of the vehicle at such designated place shall be levied at the rate of Rs. 500/- per day payable by

registered owner to the MC Sundernagar in cash or through demand draft.

8. Compounding of offences.— all the offences punishable under these Bye-laws ms,

before, the institution or Prosecution, be compounded by such officer as may be authorized by the

MC Sundernagar of Executive officer in this behalf, on payment of such sum Rs.500/- as may be

specified by such officer under these Bye-laws.

9. Offences to be tried summarily.—the offences which are not compounded shall be

tired in a summary manner by the Special Judicial Magistrate First Class of the concerned

municipal area under section 260 of the Code of Criminal Procedure.

10. Penalty.—(i) whosoever, id guilty of dumping Muck other than the place

specified/notified by the MC, the rate of penalty shall be five times at the first instance, ten times at

the second instance and for the third instance of thereafter the amount of penalty shall be twenty

times of the actual rate of dumping as fixed by the MC/NP in respect of the class and make of

vehicle as defined in Clause 5 of these Bylaws.

(ii) in case of repeated violation, in addition to penalty as specified above, the owner at

whose instance the construction/excavation work is carried and is found dumping the Muck

illegally of without the permission of the competent authority as the case may be, shall also be

liable for disconnection of water, electricity and others civic amenities and the concerned Officer/

official may request the competent authority of withdrawn of recognition and registration if any

granted in their favour including withdrawn of building sanction granted in favour of the owner

concerned.

By order,

Sd/-

Executive officer/Secretary.

364

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HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION

SHIMLA-171 002

NOTIFICATION

Shimla, 18th April, 2013

No.HPERC/Secy/RPB/705/CV/KD/2011.—In exercise of the powers conferred by clauses

(zj) and (zk) of sub section (2) of section 181, read with sub-sections (2) and (3) of section 91 of

the Electricity Act, 2003 (Act No.36 of 2003) and all other powers enabling it in this behalf, the

Himachal Pradesh Electricity Regulatory Commission with the prior approval of the State

Government and after prior publication, makes the following regulations to specify the terms and

conditions of the service of the Secretary, the other Officers and Employees of the Commission,

namely:—

1. Short title, commencement and application.—(1) These regulations may be called

the Himachal Pradesh Electricity Regulatory Commission (Terms and Conditions of Service of

Staff) Regulations, 2013.

(2) These shall come into force from the date of their publication in the Rajpatra,

Himachal Pradesh.

(3) These regulations shall apply to the staff of the Commission i.e. Secretary, other

Officers and Employees of Himachal Pradesh Electricity Regulatory Commission but shall not

apply to the Chairperson and the Members of the Commission.

2. Definitions.—In these regulations unless the context otherwise requires.—

(a) “Act” means the Electricity Act 2003(36 of 2003);

(b) “Chairperson” means the Chairperson of the Commission;

Act;

(d) “Schedule” means the schedule annexed to these regulations;

(e) “Secretary” means the Secretary of the Commission appointed under section 91 of the

Act;

(f) “State Government” means the Government of Himachal Pradesh.

(g) “Staff” includes both officers and employees of all categories appointed whether on

deputation on foreign service terms or permanent absorption or on short termcontract

basis.

3. Categories of posts, salaries/pay, allowances etc.—(1) The Secretary, Officers and

other Employees of the Commission shall constitute the staff of the Commission. The

numbers/sanctioned strength, nature and categories of the officers and other employees; and

pay/salaries and allowances payable to, and other terms and conditions of service of, the Secretary,

Officers and other employees shall be such as are specified in Schedule-I by the Commission, with

the approval of the Government of Himachal Pradesh, from time to time.

(2) While filling up a post by way of secondment, if a suitable candidate with the requisite

qualification, skill and experience is not available to fill such post, the Commission may fill up the

same by a person who is in the rank and pay of any other level/post in the Commission, by

assigning appropriate designation, within the overall sanctioned strength of the posts in the

respective category.

365

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

Explanation.—A post of Deputy Director in technical category may be filled by an officer

in the pay and designation of the Director, in addition to total sanctioned post of Directors.

(3) The Himachal Pradesh State Electricity Board Ltd. based pay scales allowed to the

existing employees, appointed on permanent absorption basis by the Commission, shall remain

protected as a measure personal to such employees till vacation of such posts by the incumbents.

(4) Unless otherwise expressly specified in these regulations, the emoluments, allowances

and other conditions of service for appointment on secondment basis (deputation) or on contract

basis shall be such as are laid down by the State Government from time to time for its employees.

(5) The officers and the employees on secondment to the Commission from the Himachal

Pradesh State Electricity Board Ltd., or its successor utilities, Satluj Jal Vidyut Nigam Ltd; and any

other Central/State Govt. Deptt./Public Sector Undertakings having different pay structures and

allowances than that of State Government in general, shall continue to draw such pay and

allowances as are paid to them in their respective parent organizations:

Provided that any allowance or pay attached to performance of a specific function in the

parent organization shall not be admissible if such person is appointed against a post which does

not involve performance of such function in the Commission.

(6) The approval/sanction of the posts accorded by the State Government shall also be

deemed as an approval for creating such posts and filling up the same by the Commission, from

time to time.

4. Appointment of Secretary.—The Secretary of the Commission shall be appointed by

the Commission from amongst the All India Service Officers or the Himachal Pradesh

Administrative Service Officers preferably having professional qualification in engineering or

finance or management or economics and preferably having 14 years of experience in Himachal

Pradesh Administrative Service.

Provided that the Secretary shall be appointed by the Commission from amongst the

candidates on the penal sponsored by the State Government.

Provided further that in the absence of the Secretary or during the leave period of an

incumbent of the post of Secretary or when regular appointment is under process the Commission

may appoint any officer of the Commission to function as the Secretary.

5. Mode of appointment/recruitment of Officers and employees.—(1) The officers

and other employees of the Commission shall ordinarily be appointed on secondment or on

reemployment basis as specified in Schedule-II:

Provided that Commission may identify certain posts and specify such posts to be filled up

by promotion, along with terms and conditions of promotion, from amongst its officers/ employees

appointed on regular basis and while specifying terms and conditions for such promotions, the

essential qualifications, experience etc. shall not be less than those prescribed for similar

nontechnical categories of posts in the State Govt. Departments and technical categories of posts in

the Himachal Pradesh State Electricity Board Ltd.

Provided further that in exceptional situations, where the Commission requires the posts to

be filled up by way of absorption or by direct recruitment, Commission may fill up such posts in

such manner with the approval of the State Government.

366

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

(2) Appointment on secondment or on absorption shall be from amongst the officers and

employees of the Central and State Govt. Departments, Boards, Corporations, Autonomous and

Local Bodies and from surplus pool maintained by the State Govt.

(3) The employees who are appointed on contract basis in the parent organisations shall be

eligible for appointment on secondment on contract basis in the Commission;

(4) Notwithstanding any provision contained in the Schedule II, if suitable officers or

employees with requisite expertise, skills and experience are not available to fill any post on

secondment basis, or if the services of a retired person having such expertise/skill/experience is

required by the Commission in public interest, the Commission may fill up such post by way of

reemployment from amongst the retired persons of the State Govt., Boards or Corporations or

Autonomous bodies or the Commission having such requisite expertise, skills and experience for a

period not exceeding three years at a time or up to the age of 65 years, whichever is earlier and

emoluments of such re-employed persons will be those as are applicable for re-employment of

retired State Govt. officers and employees in the State Govt. Departments, including FR/SR.

Qualifications, experience and eligibility conditions.—(1) The educational

qualifications, eligibility, experience and other conditions for appointment to the posts of the

Commission shall be such as are laid down by the Commission from time to time keeping in view

its specific requirements and as specified in Schedule-II:

Provided that in case of appointment on secondment and by way of absorption, the

Commission may relax the educational qualifications and experience, if suitable candidate fulfilling

the eligibility conditions is not available or in view of the requirement of the Commission.

(2) In addition to essential qualifications and experience specified in Schedule-II, the

computer literacy, knowledge of customs and dialects of the State, experience of regulatory affairs

and working in the hilly areas shall be the desirable qualification for all categories of posts.

(3) The posts to be filled up by promotion from regular officers/ employees of the

Commission and eligibility conditions for such promotions shall be as are specified in Part-II of the

Schedule-II.

7. Other conditions of service.—(1) The conditions of service, including recruitments

and appointments of the officers and other employees of the Commission, grant of House Building

Advance, medical reimbursement after retirement, leave encashment, ex-gratia etc., for which no

express provision or insufficient provision has been made in these regulations, the rules and orders

as made or may be made applicable to the similarly situated State Government employees, shall

apply.

(2) Unless otherwise allowed with the approval of the State Govt., the Himachal Pradesh

Civil Services Contributory Pension Rules, 2006 shall apply to the regular employees of the

Commission.

8. Conduct and Applicability of Government Instructions.—(1) Every officer/employee

of the Commission shall, at all times, maintain absolute integrity and devotion to duty.

(2) No officer/employee of the Commission shall act in a manner prejudicial to discipline

and good order in the Commission.

(3) Unless otherwise provided in these regulations the service rules and orders of the

Central Government as adopted by the State Government or for the time being in force and

applicable to Government servants in the State Government and the rules and orders of the State

Govt. shall apply to the officers/employees of the Commission.

367

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

9. Selection Committee.—(1) Appointments of the officers, other than the Secretary, and

employees on secondment, re-employment, absorption, promotion or in any other manner etc. to

the various posts, shall be made on the recommendations of the selection Committee.

Provided that selection for direct recruitments shall be made by the concerned recruiting

agency i.e. the Himachal Pradesh Public Service Commission or the Himachal Pradesh Subordinate

Service Selection Board or the Departmental Recruitment Committee, as the case may be.

(2) The Selection Committee shall consist of;—

(a) for the posts of Officers –

(i) the Chairperson of the Commission (Chairman);

(ii) one Officer to be nominated by the Chairperson;

(iii) the Secretary.

(b) for the post of employees –

(i) the Chairperson of the Commission or Secretary nominated by the Chairperson

(Chairman);

(ii) an officer to be nominated by the Chairperson.

(iii) the Secretary or in case Secretary is the Chairman of the Selection Committee any

other officer to be nominated by the Chairperson.

(3) The Selection Committee may, at its discretion, co-opt one or more persons as experts

to assist it.

(4) The Selection Committee shall devise the mode or procedure, from time to time, in

consultation with the Chairperson, for the selection of candidates to various posts, including

conduct of written or practical tests, interview etc. so as to ensure selection based on suitability and

merit.

10. Appointing Authority.—Appointing authority shall be:-

(a) the Chairperson, in respect of the posts specified as Officers in Part I of Schedule-I

(b) the Secretary, in respect of the posts specified as Employees in Part II of Schedule-I

11. Disciplinary, reviewing and appellate authorities.—The disciplinary authority,

appellate authority and reviewing authority, in respect of the officers and employees of the

Commission, except those on secondment, shall be as under:—

For officers as specified in Schedule-I

1. Disciplinary Authority

Chairperson

2. Appellate Authority

Commission

3. Reviewing Authority

Commission

For employees as specified in Schedule-I

1. Disciplinary Authority

Secretary

2. Appellate Authority

Chairperson

3. Reviewing Authority

Commission

368

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

12. Outsourcing.—(1) The Commission may identify certain services, essential to the

efficient running of the Commission and its office, to be performed by outsourcing and may

outsource on competitive rates.

(2) These services shall include, but not be limited to, the security of the office, dusting

and cleaning of the office, office help, process/messenger service, reception/diary/dispatch/

telephone attendance etc. typing, secretarial assistance, running and maintenance of specialized

services.

(3) The Commission may, in addition, also outsource the functions against sanctioned

posts.

13. Power to Relax.—Where the Commission is of the opinion that it is necessary or

expedient to do so, it may, by order for reasons to be recorded in writing and with prior

consultation with the State Government, relax any of the provision(s) of these regulations with

respect to any class or category of person(s) or post(s), provided that where specific provisions of

relaxation by the Commission are provided in the regulations or are authorised to the State

Commission by the State Govt. in its approval accorded vide letter No. MPP-A(3)-1/2003 Loose

dated 4.9.2012, the Commission may relax such provision(s) at its own level.

14. Interpretation.—If any question arises relating to the interpretation of these

regulations, the decision of the Commission shall be final provided that with respect to Regulations

2(1), 2(4), 2(5), 4,6,7(3) and 14, the Commission shall require prior approval of the State Govt. for

such interpretation.

15. Savings.—Notwithstanding anything to the contrary contained in these regulations,

any approvals/ sanctions accorded by the State Government, appointments made or anything done

or any action taken by the Commission, prior to the commencement of these regulations, shall be

deemed to have validly been made or done or taken under these regulations so far as the same is not

inconsistent with these regulations or the rules/instructions applicable to the State Government

employees or approvals accorded by the State Government prior to these regulatons.

By order of the Commission,

Sd/-

Secretary.

________

SCHEDULE-I

(see regulations 2(d), 3, 10 and 11)

CATEGORISATION OF POSTS AND STRENGTH OF THE OFFICERS AND

EMPLOYEES OF THE COMMISSION WITH PAY SCALES/PAY BANDS

Part-I

OFFICERS

Sl.

No.

Nature of

posts

Posts

sanction

-ed

Designation

No.

posts

Pay band and

Grade

Pay

Pre revised

scale

(Pre 2006)

Head

Department

Secretary

In his own pay

band & Grade

Pay.

Executive

Director

(Technical Analysis)

37400-67000+

10000/-

18600-2100

369

jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

Executive

Director

(Tariff

Financial Analysis)

37400-67000+

10000/-

18600-2100

Technical

Director

(Tariff

Engineering)

37400-67000+

8700/-

14300-8600

Director

(Technical

Analysis)

37400-67000+

8700/-

14300-8600

Deputy

Director

(Trading)

15600-39100+

6600/-

10025-15100

Deputy

Director

(Generation)

15600-39100+

6600/-

10025-5100

Deputy Director (Tariff

Engineering.)

15600-39100+

6600/-

10025-5100

Deputy Director (Tariff

Economic)

15600-39100+

6600/-

10025-5100

Deputy

Director

(Consumer

Affairs)

15600-39100+

6600/-

10025-5100

Legal

Deputy Director (Law)

15600-39100+

6600/-

10025-5100

Reader

10300-34800+

5000/-

7220-11660

Law Officer

10300-34800+

4200/-

6400-10640

Finance &

Accounts

Sr. Accounts Officer

10300-34800+

5000/-

7220-11660

Part-II STAFF

Ministerial

Personnel-Cum-

Administrative Officer

10300-34800+

5400/-

7880-11660

Superintendent

10300-34800+

4200/-

6400-10640

Sr. Asstt.

10300-34800+

3800/-

5800-9200

Record Keeper

10300-34800+

3800/-

5800-9200

Clerk

5910-20200+

1900/-

3120-5160

Secretarial

Sr. Private Secretary

15600-39100+

6600/-

10025-5100

Personal Assistant

10300-34800+

4200/-

6400-10640

Sr. Scale Stenographer

10300-34800+

3800/-

5800-9200

Steno Typist

5910-20200+

2000/-

3330-6200

Support

staff.

Driver

5910-20200+

2000/-

3330-6200

Peon

4900-10680+

1300/-

2520-4140

Total

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jkti=] fgekpy izns'k] 22 vizSy] 2013@2 oS'kk[k 1935

Note.— (1) The categorization of posts and number of posts shall be such as are amended

by the Commission, from time to time, within the overall approval of the

State Government.

(2) Pay scale/band and grade pay as allowed to the Officers and employees of

the Commission at the time of absorption with the approval of the State

Govt. shall remain protected as measure personal to them till vacation of

such posts by them.

(3) The above posts have been created by the Himachal Pradesh Government

from time to time vide their letters as detailed below:—

1. MPP-B(1)-2/2000 dated 09.05.2001

30 post

2. MPP-C(1)-1/2000(Loose dated 12.08.2002

01 ”

3. MP-A(4)-5/2005 dated 08.03.2006

06 ”

4. MPP-A(1)-3/2006 dated 03.08.2007

09 ”

5. MPP-(B)(1)-2/2000-Pt dated 04.02.2012

Down gradation of two posts of Personal Asstt. and

one post of Sr. Scale Steno to that of 3 posts of Steno

Typist and one post each of Sr. Asstt. and Record

Keeper and one post of Computer Operator to that

of three Posts of Clerks(Overall number remained the

same)

Total Posts

46 Posts

SCHEDULE –II

(see Regulations, 5 and 6)

PART-I

MINIMUM QUALIFICATIONS, EXPERIENCE AND OTHER ELIGIBILITY

CONDITIONS FOR APPOINTMENT ON SECONDMENT OR ON

RE-EMPLOYMENT BASIS OR BY ABSORPTION

Sl.

No.

Name of Post

Minimum

qualifications

and

other

eligibility conditions

(i) Executive Director(Technical Analysis)

brief

Executive

Director

(Technical).

(ii) Executive Director (Tariff & Financial

Analysis)

brief

Executive

Director(Tariff)

From amongst the Chief Engineers or

persons holding equivalent posts having

degree in Electrical Engineering and

having experience of at least 25 years in

electricity distribution and transmission or

generation

and

preferably

having

experience in commercial and power

procurement, failing which from amongst

Superintending Engineers or equivalent

posts with at least 3 years service as such,

in addition to other conditions specified

above.

Director (Tariff Engineering) or in brief

Director

(Tariff)

Director

(Technical

Analysis or in brief Director (Technical).

(1) From amongst the Superintending

Engineers

persons

holding

equivalent/analogous posts having

degree in Electrical Engineering and

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having

years

service/

experience on Assistant Engineer

Class-I

and

above

levels

electricity supply and transmission or

distribution

failing

which

from

amongst Executive Engineers or

equivalent posts having a minimum

service of 3 years as such, in addition

to the other eligibility conditions

specified above.

(i) Deputy Director(Tariff Engineering or

in brief Deputy Director (Tariff)

(ii) Deputy Director (Generation)

(iii) Deputy Director (Trading)

From amongst Assistant Engineers Class-

I or equivalent posts, having degree in

Engineering with at least 8 years service

as such and having experience in

electricity distribution or transmission or

generation.

(i) Deputy Director (Tariff Economics)

(i) Deputy Director (Consumer Affairs)

From amongst Assistant Engineer Class-I

or persons holding equivalent posts

having degree in Engineering or post

graduate

degree

Economics/

Commerce/Maths or MBA or CA/ICWA

with at least 8 years service as such and

having

experience

electricity

distribution or regulatory affairs or

consumer affairs or commercial accounts

or finance.

Deputy Director (Law)

From amongst Under Secretaries (Law) or

above, with degree in Law, from H.P.

Govt. Secretariat or from amongst District

Attorneys

and

above

level

with

experience in legislative and legal opinion

or regulatory matters.

Reader

From amongst persons holding analogous

post

from

amongst

persons

equivalent grade having graduation degree

and experience in court and legal matters

and preferably having degree in law.

Law Officer

From amongst persons holding analogous

or equivalent posts or from Legal

Assistants having experience of court and

legal matters and having degree in law.

Sr. Accounts Officer

From amongst Asstt. Controller (F&A) of

SAS (OB) cadre of State Govt. having

experience in commercial accounts or

from

amongst

candidates

holding

analogous/equivalent posts and having

post graduate degree in Commerce/

Economics/Maths with experience in

commercial accounts or MBA finance or

CA/ICWA.

Pers-cum-Admn Officer

From amongst persons holding analogous

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(in brief Administrative Officer)

post and having graduation degree.

10.

Superintendent

From amongst persons holding analogous

posts and having graduation degree.

11.

(i) Senior Assistant

(ii) Record Keeper

(iii) Clerk

From amongst persons having minimum

graduation

degree

holding

analogous post or any post in equivalent

grade and holding computer and typing

efficiency as prescribed for the post of

clerk by the State Govt. Provided that

Commission

may

specify

specific

qualification of graduation level for the

posts of Senior Assistants. Record Keeper

as per requirement like Commerce,

Economics, Maths, Statistic, Library

Science etc.

12.

(i) Sr. Private Secretary

(ii) Personal Assistant

(iii) Sr.Scale Stenographer Steno Typist

From amongst persons having a minimum

graduation

degree

holding

analogous post or any post in similar

grade and having efficiency in computer,

typing

and

short

hand

writing

prescribed for the post of Steno typist by

the State Govt.

13.

Driver

From amongst persons holding the

analogous post or any other similar post

like mechanic, cleaner, conductor etc. and

having experience in driving and having

requisite driving licence and further

having matriculation qualification.

14.

Peon

From amongst persons holding analogous

post or any post in class-IV/group D

services.

PART-II

POSTS TO BE FILLED UP BY PROMOTION AND ELIGIBILITY CONDITIONS FOR

PROMOTION AS PER PROVISO TO REGULATION 5 AND REGULATION 6(3)

The following posts may be filled by promotion from amongst the regular officers and

employees of the Commission as laid down hereunder, subject to fulfilment of eligibility and other

conditions of promotion, failing which these may be filled up by other modes of appointment:

Sr.

No.

Name of Post

Minimum

Qualifications

and

other

eligibility

conditions.

Senior Assistant and Record

Keeper

From amongst clerks having 10 years of service and

typing/computer efficiency specified for clerk’s post in

Part-I of this Schedule.

Superintendent

From amongst Senior Assistants and Record Keeper,

based on combined seniority, having six years service

as such.

Law Officer

From amongst Senior Assistants and Record Keeper,

based on combined seniority, having six years service

as such and further having degree in law.

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Reader

From amongst Superintendent, having 3 years service

as such failing which from Superintendent having 9

years of service as Supdt. and Senior Assistant/Record

Keeper combined together and further having

graduation degree.

Pers-cum-Admn Officer

From Reader with 3 years service as such failing

which from Reader having combined service of 6

years as Reader and Superintendant and further having

graduation degree.

Sr.Scale Stenographer

From amongst Steno typist having 10 years of service

as such and typing, computer and short hand writing

efficiency as specified for Steno typist.

Personal Assistant

From amongst Senior Scale Stenographers having 6

years of service as such.

Private Secretary/Senior Private

Secretary

The post of Sr. Private Secretary may be utilised

temporarily in the rank and name of Private Secretary,

Rs. 15600-39100 + 5400 GP the level next higher to

Personal Assistant, and may be filled up by promotion

from amongst Personal Assistants having 5 years

service as such and further having graduation degree.

The post of Senior Private Secretary may be restored

to its sanctioned pay band and grade pay, to be filled

up by promotion from Private Secretary having 3 years

of service as such and further having graduation

degree.

Deputy

Director

(Consumer

Affairs)

From Personal-cum- Administrative Officer having 3

years of service as such and further having

qualification as specified for the post in Schedule-II,

Part-I.

10.

Joint

Director

(Tariff

Engineering)/Director

(Tariff

Engineering)

The post of Director (Tariff Engineering) may be

utilised temporarily in the scale/ grade of 12000-

15100,

analogous/equivalent

Executive

Engineer/Joint Director, the level next higher to

Deputy Director, and may be filled by promotion from

amongst Deputy Directors having at least 6 years of

service as Deputy Director on regular appointment

basis in the Commission and such post on having filled

will

designated

Joint

Director

(Tariff

Engineering).

The

post

Director

(Tariff

Engineering) may be restored to its sanctioned pay

band and grade pay, to be filled up by promotion from

Joint Director (Tariff Engineering) having 8 years

service as such.

PART-III

(see Regulation 5)

1. Direct Recruitment:- Direct recruitment may ordinarily be at the entry level in the

officer category and at the level of support staff, clerk, assistant, steno-typist and sr. scale

stenographer in the employees category. Under proviso to Regulation 5, educational qualifications

and other eligibility conditions specified in Part-I of this Schedule-II for filling up of post shall

apply for direct recruitment also. Other terms and conditions like age, reservations, recruiting

agency etc. shall be those as prescribed by the state Govt. for such posts.

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2. Appointment by absorption:—(i) Appointment by absorption of officers and

employees already appointed may be made against any post. Educational qualification and other

eligibility conditions specified for the post in Part-I of this Schedule-II shall be applicable for

absorption to that post.

(ii) Absorption of the incumbent on secondment to the Commission will be in the same

scale which the employee holds/carries in the parent organisation. Where the pay of the post in the

Commission is higher than that of the incumbent on secondment or the post is vacant, the selection

process based on application invited/received after circulation/ requisition shall be followed, if such

post is required to be filled up by absorption, so that person in lower scale is considered only when

suitable candidate in the same scale is not available.

(iii) Absorption of staff on secondment will be considered only where balance service left

before superannuation is at least 5 years.

(iv) From the date of appointment on absorption after 15-5-2003, all employees shall

automatically be covered under the Himachal Pradesh Civil Services Contributory Pension Rules

2006 unless other terms and conditions have been given in their absorption orders.

Note:— These terms for absorption are as per approval accorded by the State Government

vide letter No. MPP-B(L)-1/2009 dated 3.9.2011 from Pr. Secretary (Power) to the

Government of H.P. addressed to Secretary, HPERC.

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