jkti=] fgekpy izns'k

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

f”keyk] cq/kokj] 2 tqykbZ] 2014@11 vk"kk<+] 1936

fgekpy izns'k ljdkj

HEALTH & FAMILY WELFARE DEPARTMENT

NOTIFICATION

Shimla-2, the 17th May, 2014

No. Health-A-A(4)-2/2008.—In supersession of this department notification of even

number dated 16-06-2009 and in exercise of the powers conferred in Section -16-A(1) of the Pre-

Natal Diagnostic Techniques(Regulation and Prevention of Misuse) Act, 1994, the Governor,

Himachal Pradesh is pleased to constitute a State Supervisory Board to review the activities and

create public awareness.

65&jkti=@2014&2&7&2014 ¼1481½

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The constitution of the Board shall be as under:—

Official Members(Ex-Officio):-

Minister-in-Charge of Health & Family Welfare

Chairman

Secretary-in-Charge, Health & Family Welfare to the

Vice-Chairman

Government of Himachal Pradesh.

Secretary or Commissioner-in-Charge , Social Justice and

Member

Empowerment to the Government of Himachal Pradesh.

Pr. Secretary(Ayurveda)to the Govt. of Himachal Pradesh

Member

or his representative

LR-cum-the Secretary-in-Charge(Law)to the Govt. of H.P.

Member

or his representative.

Head of Department of OBG, IGMC/KNH, Shimla

Member

Head of Department Paediatricts, IGMC, Shimla

Member

Head of Department of Radiology, IGMC, Shimla

Member

Director of Health Services, H.P., Shimla

Member Secretary

NON- OFFICIAL MEMBERS:-

Smt. Asha Kumari, Hon’ble MLA

Member

Smt. Viplove Thakur, Hon’ble MP

Member

Smt. Krishna Mohini, Ex- MLA

Member

Smt.Satya Kapoor, Engine Ghar,Sanjauli, Shimla-6.

Member

Smt. Alakhnanda Handa, Advocate, District Court, Mandi

Member

Dr. Kshama Metre(Padamshree Awardee), National Director,

Member

CORD Training Centre, Sidhbari, District Kangra, H.P.

Dr. Narender Sharma,(WHO Awardee), Executive Director,

Member

Himachal Pradesh Voluntary Health Organization, New Shimla.

Dr. Sita Thakur, Prof. of Gynecology, Dr. RPGMC Tanda, Distt.

Member

Kangra.

Dr. Kumud Gupta, C-20, Sector-I, Lane-IV, Phase-I, New Shimla

Member

10.

Dr. Sanjeev, Prof. & Head, Department of Pediatries,

Member

Dr. RPGMC, Tanda, District, Kangra

11.

Dr. Ashwani Sood, Professor of Pediatries, IGMC, Shimla.

Member

12.

Dr. Ram Gopal Sood, Prof, & Head, Department of Radiology,

Member

IGMC, Shimla.

13.

Dr. Yashpal Sharma, Prof. & Head, Department of Radiology,

Member

Dr. RPGMC Tanda, Distt. Kangra.

The functions of the State Supervisory Board shall be as under:—

(i) To create public awareness against the practice of Pre-Conception, Sex Selection and

Pre-Natal Determination of Sex of the feotus leading to Female Foeticide in the State.

(ii) To review the activities of the Appropriate Authorities functioning in the State and

recommend appropriate action against them.

(iii) To monitor the implementation of provisions of the Act and rules and make suitable

recommendations relating thereto, to the Board.

(iv) To send such consolidated reports as may be prescribed in respect of the various

activities undertaken in the State under the Act to the Board and the Central

Government and ;

(v) Any other functions as may be prescribed under the Act.

1483

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The term and conditions of the State Supervisory Board shall be as under:—

(i)

The State Board shall meet at least once in four months.

(ii)

The term of office of a member, other than an Ex- officio member shall be three years.

(iii) If a vacancy occurs, in the office of any member other than an Ex- officio member, it

shall be filled by making fresh appointment.

(iv) If a member of the Legislative Assembly, or Member of the Legislative Council, who

is a member of the State Board, becomes Minister or Speaker or Deputy Speaker of the

Legislative Assembly or Chairperson or Deputy Chairperson of the Legislative

Council, she shall cease to be a member of the State Board.

(v)

One third of the total number of the Members of State Board shall constitute the

quorum.

(vi) The State Board ay co-opt a member as and when required, provided that the number

of co-opted Members does not exceed one third of the total strength of the State Board.

(vii) The Co-opted Member shall have the same powers and functions as other members

except the right to vote and shall abide by the Rules and Regulations.

(viii) In respect of matters not specified in this Section, the State Board shall follow

procedures and conditions as are applicable to the Board.

By order,

VINEET CHAWDHRY,

Addl. Chief Secretary.

_________

jktLo foHkkx

vf/klwpuk

f”keyk&2] 1 tqykbZ] 2014

la[;k% jSo0ch-,-¼3½3@2013-&&fgekpy izns”k dh jkT;iky] fgekpy izns”k vfHk/k`fr vkSj Hkwfe lq/kkj

vf/kfu;e]1972 ¼1974 dk vf/kfu;e la[;kad 8½ dh /kkjk 122 }kjk iznÙk “kfDr;ksa dk iz;ksx djrs gq,]

le; le; ij ;Fkkla”kksf/kr fgekpy izns”k VSusUlh ,.M yS.M fjQkseZt+ :Yt+] 1975 dk vkSj la”kks/ku djus

ds fy, fuEufyf[kr fu;e cukus dk izLrko djrh gSa vkSj bUgsa iwoksZDr vf/kfu;e dh /kkjk 123 ds v/khu

;Fkk visf{kr] tulk/kkj.k dh lwpuk ds fy, ,rn~}kjk izdkf”kr fd;k tkrk gS(

dksbZ fgrc) O;fDr tks izLrkfor la”kks/kuksa dh ckcr dksbZ vk{ksi ¼vk{ksiksa½@lq>ko ¼lq>koksa½ nsuk

pkgs] rks og mls@mUgsa bu fu;eksa ds jkti=¼bZ&xtV½] fgekpy izns”k esa izdk”ku dh rkjh[k ls rhl fnu

dh vof/k ds Hkhrj] iz/kku lfpo¼jktLo½] fgekpy izns”k ljdkj] f”keyk&171002 dks Hkst ldsxk(

mijksDr fofufnZ’V vof/k ds Hkhrj izkIr gq, vk{ksi¼vk{ksiksa½@lq>ko ¼lq>koksa½] ;fn dksbZ gS@gksa] ij

bu fu;eksa dks vfUre :i nsus ls iwoZ ljdkj }kjk lE;d~ :i ls fopkj fd;k tk,xk] vFkkZr~ %&

izk:Ik fu;e

1- laf{kIr uke-&&¼1½ bu fu;eksa dk laf{kIr uke fgekpy izns”k VSusUlh ,.M yS.M fjQkSeZt

¼vesaMesaV½ :Yt] 2014 gSA

1484

jkti=] fgekpy izns'k] 2 tqykbZ] 2014@11 vk"kk<+] 1936

2- fu;e 38&A dk la”kks/ku-&&fgekpy izns”k VSusUlh ,.M yS.M fjQkSeZt :yt+] 1975 ¼ftUgsa

blesa blds Ik”pkr~ ^^mDr :Yt^^ dgk x;k gS½ ds :y 38&A esa]&

¼d½ lc&:y ¼1½ ds Ik”pkr~ fuEufyf[kr izksokbtks vUr%LFkkfir fd;k tk,xk( vFkkZr~%&

“Provided that where land is proposed to be acquired for industrial unit which has been

approved by the State Level Single Window Clearance and Monitoring Authority, the

Director Industries shall forward such cases to the State Government for consideration

alongwith Essentiality Certificate showing the location and area of land proposed to be

acquired. The cases of plots falling in industrial estates or areas developed by the

Industries Department or Himachal Pradesh State Industrial Development Corporation

shall be dealt with in the like manner.”;

¼[k½ lc&:y ¼2½ esa]&

(i) DykWt (b) ds Ik”pkr~ fuEufyf[kr izksokbtks vUr%LFkkfir fd;k tk,xk] vFkkZr~%&

“Provided that the applications for setting up of industrial unit, shall be considered

and decided by the State Government within 15 days.”;

(ii) DykWt (b) ds Ik”pkr~ fuEufyf[kr u;k DykWt (b-1) vUr%LFkkfir fd;k tk,xk] vFkkZr~%&

“(b-1) On receipt of applications from the Director Industries, under proviso to sub-

rule (1), the State Government shall consider and decide such applications within 15

days. If application is allowed, the sanction shall be conveyed to the Collector

concerned with a copy to the Director Industries and the non-agriculturist concerned.

On receipt of sanction, the non-agriculturist shall apply to the Collector concerned on

Form LR-XIV alongwith relevant documents specified in Part-II thereof and the

Collector shall examine the same under the provisions of section 118 of the Act, and if

deems fit, he shall issue sanction giving therein the particulars of land, with a copy to

the State Government for information. If the Collector comes to the conclusion that

permission is not to be granted, he shall refer back the matter to the State Government

alongwith detailed reasons for reconsideration. In any case the Collector shall clear

such cases within a period of seven days from the date of receipt of all documents

specified under these rules and thereafter the State Government shall again consider

and decide the case accordingly.”;

¼x½

lc :y ¼3½ ds LFkku ij fuEufyf[kr lc&:y j[kk tk,xk] vFkkZr~%&

“(3) The permission under sub-rule (2) may be granted for any of the following

purposes and subject to such scales, eligibility and conditions as specified against each

purpose:—

Sl.

No.

Purpose

Area

Conditions

transferor(s)

Eligibility of

transferee (s)

Other conditions

For agriculture or

horticulture

purpose or for

both purposes

An area not

exceeding 4

acres only in

rural area.

Shall

not

become

landless/

houseless.

That

the

person

qualified

undertake

such

activity,

certified by concerned

department as per criteria

laid

down

that

department.

As per proforma for

Essentiality

Certificate and Check

list appended to these

rules as Form LR-

XV.

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For

building

residential house.

Upto

500

square metres.

Shall not

become

landless/

houseless.

1.(a) A person who on the

commence-ment of this

Act worked and continues

to work for gain in an

estate

situated

Himachal Pradesh.

(b) A person working in

the State for more than 30

years recommended by

concerned local body for

grant of permission.

Employees (Both State

and Central Government

including

autonomous

bodies, corporation which

are substantively financed

by them).

Padma

Award/

Gallantry Award Winners.

3. Other persons subject

to the satisfaction of the

Government

regarding

the

necessity

and

desirability

for

such

permission after careful

evaluation of the merit of

each case.

Recommendations of

Deputy

Commissioner.

Built up building

or part thereof for

residential

purpose

Upto 500

square

metres.

In case

transferor is

agri-

culturist he

shall not

become

landless/

houseless.

Any

citizen

India

including

OCI

(Overseas

Citizen

India) and legal entity

registered in India under

any law for the time

being in force.

Recommendations of

Deputy

Commissioner.

For construction

of shop.

Upto 300

square

metres.

Shall not

become

landless/

houseless.

(a) A person who on the

commencement of this

Act worked and continues

to work for gain in an

estate

situated

Himachal Pradesh.

(b) A person working in

the State for more than 30

years recommended by

concerned local body for

grant of permission.

Recommendations of

Deputy

Commissioner.

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For industrial/

religious/ tourism/

apartment/ hydel

project/BT/ IT

project, purpose

Such area as

may be

certified by

the Department

concerned.

Shall not

become

landless/

houseless.

That

the

person

qualified

undertake

such

activity,

certified by concerned

departments per criteria

laid

down

that

department.

As per proforma for

Essentiality

Certificate and

Check list appended

to these rules as Form

LR-XV.

For

socially

useful

activities

i.e. old age home,

gausadan, health

related activities,

orphanages,

education related

creation of sports

facilities, etc.

Such area as

may be

certified by

the

department

concerned.

Shall not

become

landless/

houseless.

That

the

person

qualified

undertake

such

activity,

certified by concerned

department as per criteria

laid down by that

department.

As above.

Public use

facilities normally

undertaken for

profit i.e. shopping

malls,

office

complex,

garage,

cold

storages,

service

stations,

petrol pumps etc.

and

any

other

activity

not

covered above.

Such area as

may be

certified by

the

Department

under whose

control

the

activity falls.

Shall not

become

landless/

houseless.

That

the

person

qualified

undertake

such

activity,

certified by concerned

department as per criteria

laid

down

that

department.

As above.

Provided that the permission granted under this rule shall be valid for a period of one year

from the date of issue of the orders of the State Government granting such permission:

Provided further that the State Government may for reasons to be recorded in writing,

extend the said period.”.

3. QkeZ LR-XIV dk la”kks/ku-&&mDr :Yt ls layXu QkeZ LR-XIV ds PART-II ds LFkku ij

fuEufyf[kr j[kk tk,xk] vFkkZr~%&

“PART-II

(DOCUMENTS TO BE ENCLOSED WITH THE APPLICATION FOR PERMISSION)

(1) Latest copy of Jamabandi and tatima shajra.

(2) Copy of agreement entered into by the transferor and transferee.

(3) Affidavit of the transferor stating that he, after the proposed transfer, will not become

landless, and if so he will not claim any benefit/land under any scheme prepared for the

benefit of landless persons in the State.

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(4) No objection of all the co-sharers/tenants of the land proposed to be transferred in case

of a joint holding where a particular Khasra No. or part thereof is proposed to be

transferred in the form of affidavit stating that he/she has no objection in case land is

transferred to proposed transferee. This affidavit will not be required in any case of

transfer of a share in an entire joint holding.

(5) In case of application under serial number (2) (3) or (4) of sub-rule (3) of rule 38-A,

proof of being an eligible applicant:—

(i) for purpose at serial number 2 and eligibility below column number 5 in items 1.

(a) & (b) and for purpose at serial number 4 certificate may be issued by a Naib-

Tehsildar/Tehsildar/SDM/ADM/ADC/DC having jurisdiction over the area.

(ii) for purpose at serial number 2 and eligibility below column number 5 in item

number 1. (c) in addition to (i) above, a Certificate from the department

concerned.

(iii) for purpose at serial number 2 and eligibility below column number 5 in item

number 2, an attested copy of Award/certificate.

(iv) for purpose at serial number 2 and eligibility below column number 5 in item

number 3, the documents as may be asked by the Government for its satisfaction

regarding the necessity and desirability to evaluate merit for such permission.

(v) In case of any other applicant, Essentiality Certificate from the concerned

department.

(vi) In case of non-agriculturist seeking to sell any land or building purchased after

obtaining permission under section 118, proof of utilization for the purpose for

which permission was obtained from relevant department or local body concerned

within the period allowed for utilization.

(6) Notwithstanding anything contained above, for setting up an industrial unit only the

following documents need to be attached with the application form:—

(i) Latest copy of Jamabandi

(ii) Tatima shajra.

(iii) Affidavit of the transferor stating that after the proposed transfer of land for the

proposed industrial unit, he/she will not become landless, and even if so he/she will not

claim any benefit/land under any scheme prepared for the benefit of landless persons;

and

(iv) Essentiality Certificate from the Industries Department indicating that the land

proposed to be purchased is the minimum required for the proposed industrial unit.”

4- QkeZ dk tksM+k tkuk-&&mDr :Yt ls layXu QkeZ LR-XIV ds Ik”pkr~ fuEufyf[kr u;k QkEkZ

LR-XV tksM+k tk,xk] vFkkZr~%&

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“FORM LR-XV

Proforma for issuance of Essentiality certificate

(see sub-rule (3) No.1, 5, 6 & 7)

PART-I

Government of Himachal Pradesh

Department of ______________

No.__________________ Dated:____________ Place ________

ESSENTIALITY CERTIFICATE

This is to certify that land measuring _________ bighas as detailed below situated in

Mohal/Mauza _______________ Tehsil ______ District_____________ is required by M/s

______________________ (complete address) for the purpose of _______________________.

Location of Proposed land

Khasra Nos.

Area

(i) This land is recommended for transfer after ascertaining the eligibility of transferee as

per the criteria laid down by the department.

(ii) This land is recommended for transfer in favour of party as the same is essentially

required for the aforesaid purpose. The aforesaid activities cannot be run in a lesser

area.

(iii) This land is recommended for transfer after obtaining all NOCs from all relevant

departments/authorities and after ensuring adherence to any guidelines of the

department, under Rule 38-A of the HP Tenancy and Land Reforms Rules.

Authority concerned.

Endst. No._______________ Dated:_________ Place______

Copy to:—

The applicant.

The Principal Secretary (Revenue) to the Government of H.P. Shimla-2.

The Principal Secretary (Concerned Department).

The Deputy Commissioner, __________

The Labour Commissioner

Authority concerned.

PART-II

CHECK LIST FOR ESSENTIALITY CERTIFICATE

(see sub-rule (3) No.1, 5, 6 & 7)

Preliminary Project Report.

(A brief description of proposed activities may be accepted as Preliminary Project Report)

1489

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Copy Jamabandi & Tatima (latest).

NOC from Town & Country Planning Department/concerned Deptt.

(NOC from Town & Country Planning Department may be taken where the area is covered

by a notification under Town and Country Planning Act. In other cases affidavit that the

applicant will abide by the regulations applicable in the nearest area notified under the TCP

Act may be taken as sufficient for issue of EC. Such NOC will not be required, for

Agriculture/Horticulture purpose.)

NOC from Forest Department, IPH Department, Electricity Board.

(NOC from the IPH department may be taken in all cases where the water supply is

proposed to be taken from an existing scheme or a bore well is proposed to be sunk in an

area where as per notification by the IPH department their prior permission is required. In

all other cases an affidavit may be taken that the applicant will arrange his own water

supply and there is no restriction of IPH Department in this regard to issue EC. NOC will

also not be required in all cases where State Level Single Window Clearance Authority,

clearance has been obtained.

The NOC of Forest Department should only be procured in cases where the land proposed

to be transferred attracts, the provisions of Forest Conservation Act, 1980 or the law laid

down by the Hon’ble Supreme Court of India in this behalf with regard to compact wooded

block above five hectares of private land.

NOC of HPSEBL need not be obtained in cases where the project has been

approved/cleared by the State Level Single Window Clearance Authority or the requirement

is below 100 KW.)

Site plan showing contours/constructions, roads, existing trees & distance of existing tress

from construction and approximate distance of land in question from some prominent

station.

NOC from the local body (urban or rural as the case may be) stating therein that the

infrastructure and service provisions needs of the proposal have been considered and are not

objected to.

Any other documents which the department may deem fit to ascertain the eligibility of

applicant and suitability of land proposed to be transferred.

Note.—Documents at serial number 1 to 6 shall not be required in cases where land is

proposed to be purchased for setting up of an industrial unit.”.

vkns”k }kjk]

r:.k Jh/kj]

iz/kku lfpo ¼jktLo½A

1490

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[Authoritative English Text of this Department’s Notification No.Rev.B.A. (3)- 3/2013,

dated 01-07-2014 as required under clause (3) of article 348 of the Constitution of India].

REVENUE DEPARTMENT

NOTIFICATION

Shimla-2, the 1^st July, 2014

No. Rev.B.A.(3)-3/2013.—In exercise of the powers conferred by section 122 of the

Himachal Pradesh Tenancy and Land Reforms Act,1972 (Act No.8 of 1974), the Governor,

Himachal Pradesh proposes to make the following rules, further to amend the Himachal Pradesh

Tenancy and Land Reforms Rules,1975 as amended from time to time and the same are hereby

published for the information of general public as required under section 123 of the Act ibid;

Any interested person who has any objection(s)/ suggestion(s) with regard to the proposed

amendments, may send the same to the Principal Secretary (Revenue) to the Government of

Himachal Pradesh, Shimla-171002, within a period of thirty days from the date of publication of

these rules in the official Gazette (e-Gazette) Himachal Pradesh;

The objection(s) /suggestion(s), if any, received within the period stipulated above shall be

duly considered by the Government before finalising these rules, namely:—

DRAFT RULES

1. Short title.—These rules may be called the Himachal Pradesh Tenancy and Land

Reforms (Amendment) Rules, 2014.

Amendment 38-A.—In rule 38-A of the Himachal Pradesh Tenancy and Land of rule

Reforms Rules, 1975 (hereinafter referred to as the ‘said rules’),—

(a) after sub-rule (1), the following proviso shall be inserted, namely:—

“Provided that where land is proposed to be acquired for industrial unit which has been

approved by the State Level Single Window Clearance and Monitoring Authority, the

Director Industries shall forward such cases to the State Government for consideration

alongwith Essentiality Certificate showing the location and area of land proposed to be

acquired. The cases of plots falling in industrial estates or areas developed by the

Industries Department or Himachal Pradesh State Industrial Development Corporation

shall be dealt with in the like manner.”;

(b) in sub-rule (2),—

(iii) after clause (b), the following proviso shall be inserted, namely:—

“Provided that the applications for setting up of industrial unit, shall be considered and

decided by the State Government within 15 days.”;

(iv) after clause (b), the following new clause (b-1) shall be inserted, namely:—

“(b-1) On receipt of applications from the Director Industries, under proviso to sub-

rule (1), the State Government shall consider and decide such applications within 15

days. If application is allowed, the sanction shall be conveyed to the Collector

1491