Himachal Pradesh Gazette, No. 37, 24 May 2016

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित मंगलवार, 24 मई, 2016/3 ज्येष्ठ 1938

हिमाचल प्रदेश सरकार

PUBLIC WORKS DEPARTMENT

NOTIFICATION

Shimla-171002, the 22nd April, 2016

No. PBW(B)F(7)3/2009-I.—In continuation to this department notification of even number dated 19th August, 2015 the Governor, Himachal Pradesh is pleased to declare the "Seghali-Baggi- Prashar-Jawalpur-Pansarsa" road in District Mandi have a length of 62.305 kms as Major District Road No. 66 at sr. no. 57. Accordingly the total length of Major District Roads in the State will be 2392.025 kms.

By order, Sd/- Addl. Chief Secretary (PW). 37-राजपत्र/2016-24-05-2016 (1007)1008 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938

TOURISM & CIVIL AVIATION DEPARTMENT

NOTIFICATION

Shimla-2, the 16th May, 2016

No. TSM-A (4)-1/2008-II-Loose.—The Governor, Himachal Pradesh in exercise of the powers vested in his under Chapter-3, Section-17 of the Himachal Pradesh Tourism Development & Registration Act, 2002(Act No.15 of 2002) is pleased to reconstitute a Council to be known as Tourism Development Council for Manali, Distt. Kullu (HP) for the purpose of this Act for a period of two years with immediate effect.

The council shall consist of following members:--

(i) Official Members:

1. Deputy Commissioner, District Kullu. Chairman 2. Addl. Deputy Commissioner, Kullu Vice-Chairman & in his absence SDM (Civil), Manali 3. Divisional Forest Officer, Kullu. Member 4. Executive Engineer, HPPWD, Kullu. Member 5. Executive Engineer (I&PH), Kullu. Member 6. Secretary, Nagar Panchayat,Manali Member 7. Town Planner,Kullu,Distt. Kullu Member 8. Deputy Director, Tourism &Civil Aviation,Distt.Kullu at Manali. Ex Officio Member Secretary (ii) Non-Official Members

(Representing Hotel Associations): 1. Shri Gautam Nath Thakur, Chief Adviser, Member Hotel Assiciation, Manali,District Kullu (H.P.). 2. Shri Anoop Ram Thakur, President Manali Hotelier Member. Association, District Kullu (H.P.)

(Representatives of Travel Agents Associations):--

1. Shri Anil Sharma, President, HP Travel Member Agents Association, Matkon Travels, The Mall, Manali, District Kullu (H.P.).

(Representatives of other interested group of Tourism Industry)

1. Sh.Kamal Chand Retd. DTDO, House No.127, Member Ward No. 6, Siyal Road, Manali, District Kullu (H.P.). 2. Sh. Rup Chand Negi, Ex-Chairman, Municipal Member. Council Manali, District Kullu (H.P.).

(Persons having outstanding contribution or expertise in the field of Tourism Industry) 1. Shri Sunder Thakur, Shobha House, Kullu, Member Distt. Kullu (H.P.)1009 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ 1938 2. Shri Anil Sood. Harrison Travels, Kullu Member Distt. Kullu (H.P.) 3. Shri Khem Raj Thakur, Snow Land Holidays Pvt. Ltd Member HIMCU, The Mall, Manali, District Kullu (H.P.). 4. Shri Naveen Tanwar C/o Hotel Naveen, P.O. Manali, Member. Teh.Manali, District Kullu (H.P.).

The non official members shall be paid such allowances as may be notified by the Government from time to time.

Committee shall meet at least once in a quarter and inform the Tourism Development Board about the decision taken by the Council.

By order, Sd/- (V.C. PHARKA) Addl. Chief Secretary.

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HIGH COURT OF HIMACHAL PRADESH AT SHIMLA.-171 001

MEMORANDUM

Shimla, the 6th May 2016

No.HHC/GAZ/14-191/88-I.—Shri Rajeev Bhardwaj a member of the H.P.Judicial Service in the cadre of District Judges/Additional District Judges has assumed charge of the Office of Registrar General, High Court of Himachal Pradesh, Shimla, in the forenoon of 13th April, 2016. All Demi-official, secret and confidential communications, may be addressed to him at the address given below:--

ADDRESS

TELEPHONE NUMBERS

SHRI RAJEEV BHARDWAJ OFFICE : 2653625

REGISTRAR GENERAL RESIDENCE : 2629581

HIGH COURT OF HIMACHAL PRADESH

SHIMLA-171 001.

Registrar (Vigilance).

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171 0 01

NOTIFICATION

Shimla, the 2nd May, 2016

No. HHC/GAZ/14-53/74-VI.—In exercise of the powers vested under Article 229 of the Constitution of India and all other powers enabling him in this behalf, Hon'ble the Chief Justice has been pleased to order to post Shri J.K.Sharma as Registrar (Judicial), High Court of Himachal Pradesh, Shimla with immediate effect

BY ORDER OF HON'BLE THE CHIEF JUSTICE

REGISTRAR GENERAL

NOTIFICATION

Dated, 12th May, 2016

No. HHC/Rules/14-61/90-V.—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 amendment(s) in "The Himachal Pradesh High Court Officers and the Members of Staff (Recruitment, Conditions of Service, Conduct & Appeal) Rules, 2015":--

BY ORDER

HON'BLE THE CHIEF JUSTICE.

NOTIFICATION

Dated, 5th May, 2016

HHC/Rules/CPADR/05-II.— In exercise of the powers conferred by Section 89 (2)(d) and Part-X of the Code of Civil Procedure, 1908, the High Court of Himachal Pradesh is pleased to make following amendments in Part-II of the High Court of Himachal Pradesh Civil Procedure Alternative Dispute Resolution and Mediation Rules 2005.

1. Short title and commencement:-

i. These Rules shall be called "High Court of Himachal Pradesh Civil Procedure Alternative Dispute Resolution and Mediation (3rd Amendment-2015) Rules, 2005"

ii. These Rules shall come into force from the date of publication in the official gazette, which term includes e-gazette of the State of Himachal Pradesh.

2 . Amendments: The existing Part-II, "Civil Procedure Mediation Rules", shall stand deleted and substituted by new Part-II "Mediation Rules" as under:

Rule 1.—Title: These Rules in Part-II shall be called "The Mediation Rules, 2005"

Rule 2.

Functions of the Mediation Centre:

i. The Mediation Centre shall maintain a panel of trained Mediators sufficient in number to meet the requirement of work referred to it.

ii. On the receipt of matter by way of referral for mediation, the co-ordinator of the Mediation Centre may assign it to any Mediator whom he considers best suited to deal with the matter, from the panel of Mediators maintained by the Mediation Centre.

iii. The mediation shall not be limited only to the issues involved in the referred dispute and the Mediator may also take into account all other disputes between the parties to a case which are not the subject of the pending litigation and may resolve all of them.

iv. The counsels of the parties can also participate in the mediation process.

v. In appropriate cases, the Mediation Centre may invite any person or persons, other than the parties to a case including an expert pertaining to any field, to join the mediation with a view to evolve a comprehensive and complete solutions of the disputes.

vi. If any party to the dispute referred to the mediation, has any objection to the Mediator assigned to it, it shall inform the Mediation Centre of the same.

Thereafter, the coordinator of the Mediation Centre shall take steps to appoint a Mediator who is acceptable to all the parties.

i. In a court annexed Mediation, the Co-ordinator of the Mediation Centre shall appoint the Mediator as he may deem fit in the facts and circumstances of the dispute referred.

ii. In exceptional cases, the Court may appoint a Mediator who is not necessarily on the panel of trained Mediators referred to in Rule 4 nor bear the requisite qualifications prescribed in Rule 5 provided he does not suffer from any of the disqualifications referred to in Rule 6.

Rule 4.

Panel of Mediators:

i. The High Court shall empanel only those persons as Mediators who possess necessary qualifications as prescribed in Rule 5. It shall also prepare a list of such Mediators empanelled with the Mediation Centre of the High Court.

ii. Every District Court shall also prepare a panel of qualified Mediators with the prior approval of the High Court Mediation Committee. iii. All the Mediators as appointed under Clause (i) and Clause (ii) above, shall remain on the panel for a period of three years from the date of appointment. However, the High Court Mediation Committee, shall have the discretion to extend the tenure of any of the Mediator beyond three years.

Rule 5.

Qualifications of persons to be empanelled as Mediators under Rule 3:

The following persons are eligible for training as Mediators:

i. Retired Judges of the Supreme Court of India. ii. Retired Judges of the High Court. iii. Retired District and Sessions Judges or retired Judges of the Courts of equivalent status.

iv. Judicial Officers of the Higher Judicial Service. v. Legal practitioners with at least five years standing at the Bar at the level of the Supreme Court or the High Court or the District Court or equivalent status. vi. Experts or other professional with at least 15 years standing or retired senior bureaucrats or retired senior executives.

Rule 6

Disqualification of persons for appointment as Mediators: The following persons shall be deemed to be disqualified for being empanelled as Mediators:

i. Any person who has been adjudged as insolvent. ii. Any person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending.

iii. Any person who has been convicted by a criminal court for an offence involving moral turpitude.

iv. Any person against whom disciplinary proceedings have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment.

v. Any person who is interested or connected with the subject matter of dispute(s) or is related to any one of the parties or to those who represent them unless such objection is waived by all the parties in writing.

vi. Any legal practitioner who has or is appearing for any of the parties, in the suit or other proceedings.

Rule 7.

Addition/deletion of names from the panel:

The performance of the Mediators shall be assessed periodically. The High Court or the concerned District & Sessions Judge, with the prior approval of the High Court Mediation Committee may in its/his discretion add or delete from time to time, any person in the panel of Mediators.

Rule 8.

Preference:

While nominating any person from the panel of Mediators, the co-ordinator of the Mediation Centre shall consider the suitability of the said person in resolving the dispute(s) involved and shall give preference to those who have good record of successful mediation or who have special qualification or experience in the field.

However, the nomination per-se does not confer a right on the Mediator to mediate. Such nomination shall always be at the discretion of the co-ordinator of the Mediation Centre.

Rule 9.

Duty of Mediator to disclose certain facts:

i. When a person is approached in connection with his proposed appointment as a Mediator he shall be duty bound to disclose any circumstance within his knowledge which may give rise to a reasonable doubt as to his independence or impartiality.

ii. Every Mediator shall also disclose to the parties without delay any fact or circumstance referred to in Clause (i) which comes to his notice from the time of his appointment and throughout the continuation of the mediation proceedings.

Rule 10.

Withdrawal of appointment:

On the information of the Mediator furnished by him under Rule 9 or on the basis of information received from the parties or any other person, if the Court in which the suit or proceeding is pending or the co-ordinator of the Mediation Centre, is satisfied that the said information has raised a reasonable doubt as to the independence and impartiality of the Mediator, the Court or the Coordinator as the case may be, may withdraw the appointment of the said Mediator and replace him by another Mediator.

Rule 11.

Mediation Process:

i. All civil and criminal compoundable cases, during the course of litigation, may be referred by the Court for mediation.

1014 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 ii. The mediation process shall comprise of reference of the Court as well as the steps taken and the procedure followed by the Mediator to facilitate the settlement of the referred matter including but not limited to introduction and opening statement, joint session, separate session(s) and closing.

iii. The failure to arrive at a settlement will not preclude the Court from again sending the matter for mediation.

iv. In case of failure of resolution of the referred dispute, the Mediator shall inform the Mediation Centre by filing a report. The co-ordinator of the Mediation Centre shall forward the same to the Court which has sent the referral.

Rule 12

Procedure to be followed:

While conducting proceedings, the Mediator shall not be bound by the provisions of Code of Civil Procedure, 1908 or the Indian Evidence Act, but shall be guided by the Principles of fairness and justice with due regard to the rights and obligations of the parties, custom and usages of trade if any, and the facts of the dispute(s).

Rule 13.

Representation of the parties :

The parties shall ordinarily remain present either personally or through their duly constituted attorneys at the sessions notified by the Mediator. However, the Mediator may permit a counsel of the party to represent it, in such sessions.

Rule 14

Failure to appear at the sessions notified by the Mediator:

If any party intentionally fails to attend a session notified by the Mediator, the other party or the Mediator may intimate this absence to the Court in which the suit or the proceeding is pending. The Court having regard to the facts and circumstances of the case, may then pass an appropriate directions in this regard.

Rule 15

Administrative assistance:

In order to facilitate the conduct of mediation proceedings, the parties or with their consent, the Mediator may arrange for administrative assistance by a suitable institution or person.

Rule 16

Role of Mediator:

The Mediator shall assist the parties in understanding the problems, identifying the underlying issues, reduce misunderstandings, generating and developing options mutually acceptable to all the parties. He shall make sincere efforts to facilitate voluntarily resolution of the dispute(s) by the parties.

Rule 17

The parties alone to take decision:

The Mediator shall make it clear to the parties that he is mere a facilitator in arriving at a decision to resolve dispute(s) between them and he will not and cannot impose any settlement upon1015 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ 1938 them. He will not give any assurance that the mediation will result in a settlement nor he shall impose any decision on the parties.

Rule 18

Time limit for completion of Mediation:

On the expiry of ninety days from the date fixed for first appearance of the parties before the Mediator, the mediation shall stand terminated unless the court which has sent the referral, either of its own or on the request of any of the parties and upon hearing all of them is of the view that extension of time is necessary or may be useful, but this extension shall not be beyond a further period of thirty days.

Rule 19

Parties to act in good faith:

All the parties shall commit to participate in the proceedings in good faith with intention to settle the dispute(s), if possible.

Rule 20

Confidentiality disclosure and inadmissibility of information:

(i) Whenever, a Mediator receives any factual information concerning the dispute from any of the party, he shall disclose the substance of it to the other party in order to enable it to present such explanation as the said party may consider appropriate.

Provided that when a party gives information to the Mediator subject to a specific condition that it may be kept confidential, in that eventuality, the Mediator shall not disclose it to the other party.

(ii) The receipt or perusal of any document or any sort of information orally by the Mediator, while serving in that capacity shall be confidential and the Mediator shall not be compelled to reveal the information regarding the document, record or oral information or regarding what transpired during the Mediation.

(iii) The parties shall also maintain confidentiality in respect of events having been taken place during the mediation process and shall not rely on or bring the said information in any proceedings as to:

(a) Views expressed by a party in the course of mediation proceedings.

(b) The contents of such documents produced during mediation which were expressively required to be treated as confidential including other notes, drafts or information supplied by the parties to the Mediators.

(c) Admission made by a party in the course of Mediation proceedings.

(d) The fact that any party did or didn't indicate its willingness to accept a proposal.

(e) The proposal made or views expressed by the Mediator.

(iv) The Mediator or any of the parties shall not be allowed to prepare stenographic, audio or video record of the proceedings conducted before the Mediator. However, a1016 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 Mediator may maintain for his own personal record regarding the progress of the mediation for his personal use.

Rule 21

Privacy:

The Mediation sessions shall be conducted in complete privacy and only the parties or power of attorneys or their counsel, can attend such sessions. Other persons may be permitted by the Mediator to attend the session with the consent of the parties.

Rule 22

Immunity:

No Mediator shall be held liable for civil or criminal action for anything bonafidely done or omitted to be done by him during the mediation process, nor shall he be summoned by any party to the suit or proceeding to appear in a court of law to testify in regard to the information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.

Rule 23

Communication between the Mediator and the Court:

I. In order to preserve the confidence of parties in the court and the neutrality of the Mediator, there should be no communication between the Mediator and the Court except as provided in these rules.

II. If any communication between the Mediator and the Court is necessary then the same shall be in writing and copies of the same shall be given to the parties or their duly constituted attorneys or their counsel.

III. All communication between the mediator and the Court shall be made only by the Mediators and in respect of the following matters:--

(a) Failure of a party or parties to attend. (b) The Mediators' assessment that the case is not suited for settlement through mediation;

or

(c) Settlement of dispute or disputes arrived at between the parties.

Rule 24

Settlement agreement:

Where an agreement is reached between the parties with regard to all the issues or some of the issues involved in the suit or proceeding, the same shall be reduced into writing and signed by the parties or their duly constituted attorneys. If the counsel has represented the parties, the Mediator may obtain his signatures also on the settlement agreements.

I. The agreement of the parties, referred to above, shall be submitted to the co-ordinator of the mediation center who shall with a covering letter signed by him forward it to the Court which has sent the referral and in which the suit or proceeding is pending.

II. Where no agreement is arrived at between the parties or where the Mediator is of the view that the settlement is not possible, he shall report it in writing to the co-ordinator of the Mediation Centre who shall with a covering letter signed by him forward the same to the Court in which the suit or proceeding is pending.

Rule 25

The court to record settlement and pass decree:

On the receipt of settlement agreement, if the court is satisfied that the parties have amicably settled their dispute(s), it may pass decree or appropriate order on its basis if the same is not found collusive, illegal or unworkable. However, if the settlement disposed of only certain issues involved in the dispute, the court may record settlement in respect of the issues settled in the mediation and may proceed to decide the remaining issues. The settlement between the parties shall be final in respect of the proceedings pending before the Court.

Rule 26

Fee of the Mediator

i. The Mediators shall be paid honorarium as under:--

However, the quantum of honorarium shall be subject to revision from time to time as deemed fit by the High Court Mediation Committee.

ii. In exceptional cases, however, the Court may fix a consolidated amount as fee of the Court nominated Mediator(s).

iii. The parties shall bear the cost for production of their witnesses and the expert, if any, as also for the production of documents during the mediation process.

Rule 27

Ethics and Code of Conduct for the Mediator

The Mediator shall observe the following Rules strictly and with due diligence:-- i. He shall not indulge in conduct unbecoming of a Mediator. ii. He shall uphold the fairness and integrity of the mediation process. iii. He shall ensure that the parties involved in the mediation are well informed and have a proper understanding of the procedural aspects of the mediation process.

iv. He shall avoid any impropriety or semblance thereof while communicating with the parties.

1018 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 v. The Mediator shall not mediate in such cases where he has direct, personal, professional or financial interest in the outcome of the dispute. If the Mediator has any indirect interest, it shall be obligatory for him to disclose this fact to the parties at the earliest opportunity and he shall not mediate unless the parties specifically agree of his continuing as a Mediator despite his such indirect interest.

vi. Where the Mediator happens to be an advocate, he shall not appear before the Court for any of the parties in respect of such dispute which he had mediated.

vii. The Mediator must know the limits of his competence and ability in order to avoid accepting assignment which he is not equipped to handle.

viii. He shall remain totally neutral throughout the mediation process. ix. He must respect the voluntary nature of mediation and recognize the rights of the parties to withdraw from the mediation process at any stage.

x. He shall maintain total confidentiality regarding the mediation process. xi. The Mediator has a duty to encourage the parties to make their own decision individually as well as collectively regarding the resolution of the dispute and shall not impose his own ideas on them.

xii. The settlement of dispute by way of mediation must be based on informed consent. xiii. He shall conduct the mediation proceedings in accordance with the law. xiv. He shall refrain from extending promises to the parties or guarantee the result of mediation process.

Rule 28

Consequences of breach of Rule 27

The Coordinator of the Mediation Centre may take such action with the prior approval of the High Court Mediation Committee as he considers appropriate if the Mediator violates any Code of Conduct stipulated in Rule 27 or acts in a manner not expected of him as a Mediator.

BY ORDER OF

HON'BLE HIGH COURT OF HIMACHAL PRADESH

REGISTRAR GENERAL.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171 001

NOTIFICATION

Shimla, the 13th May, 2016

No. HHC/GAZ/14-255/2002-1.—Hon'ble the Chief Justice has been pleased to grant ex- post facto sanction of 03 days commuted leave w.e.f. 20.4.2016 to 22.4.2016 in favour of Smt. Kanta Verma, Civil Judge (Senior Division)-cum-ACJM-1, Shimla, H.P.

Certified that Smt. Kanta Verma has joined the same post and at the same station from where she proceeded on leave, after expiry of the above period of leave.

Also certified that Smt. Kanta Verma would have continued to hold the post of Civil Judge (Senior Division)-cum-ACJM-1, Shimla, H.P., but for her proceeding on leave for the above period.

BY ORDER

REGISTRAR GENERAL

NOTIFICATION

Shimla, the 13th May, 2016

No. HHC/GAZ/14-312/2011.—Hon'ble the Chief Justice has been pleased to grant ex post facto sanction of 13 days earned w.e.f. 7.4.2016 to 19.4.2016 in favour of Smt. Manisha Goyal, Civil Judge (Junior Division)-cum-JMIC, Nahan, District Sirmaur, H.P.

Certified that Smt. Manisha Goyal has joined the same post and at the same station from where she proceeded on leave, after expiry of the above period of leave.

Also certified that Smt. Manisha Goyal would have continued to hold the post of Civil Judge (Junior Division)-cum-JMIC, Nahan, District Sirmaur, H.P., but for her proceeding on leave for the above period.

BY ORDER

REGISTRAR GENERAL

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA 171 001

NOTIFICATION

Shimla, the 7th May, 2016

No. HHC/GAZ/14-148/84-III.— Hon'ble the Chief Justice has been pleased to grant ex- post facto sanction of 05 days' commuted leave w.e.f. 16.2.2016 to 20.2.2016 with permission to suffix Sunday fell on 21.2.2016 in favour of Shri S. L. Sharma, District and Sessions Judge, Kangra at Dharamshala, H.P.

Certified that Shri S.L. Sharma 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 S.L. Sharma would have continued to hold the post of District and Sessions Judge, Kangra at Dharamshala, H.P., but for his proceeding on leave for the above period.

BY ORDER

REGISTRAR GENERAL

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA 171 001

NOTIFICATION

Shimla, the 7th May, 2016

No. HHC/GAZ/14-240/99-I.— Hon'ble the Chief Justice has been pleased to grant ex-post facto sanction of 03 days' commuted leave w.e.f. 31.3.2016 to 2.4.2016 in favour of Smt. Jyotsna S. Dadhwal, Additional District and Sessions Judge-III, Kangra at Dharamshala, H.P.

Certified that Smt. Jyotsna S. Dadhwal has joined the same post and at the same station from where she proceeded on leave, after expiry of the above period of leave.

1020 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 Also certified that Smt. Jyotsna S. Dadhwal would have continued to hold the post of Additional District and Sessions Judge-III, Kangra at Dharamshala, H.P., but for her proceeding on leave for the above period.

BY ORDER

REGISTRAR GENERAL

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171 001

NOTIFICATION

Shimla, the 7th May, 2016

No.HHC/GAZ/1-15/73-III.—The High court of Himachal Pradesh has been pleased to grant Super Time Scale of `70290-1540-76450 to Shri Chirag Bhanu Singh, a member of the H.P.Judicial Service presently on deputation as Registrar Judicial, Hon'ble Supreme Court of India, with effect from 12.4.2016 and shall be called as "Super Time Scale District Judge."

BY ORDER OF THE HON'BLE HIGH

COURT OF HIMACHAL PRADESH

REGISTRAR GENERAL.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla the 27th April, 2016

No. HHC/Admn. 6 (23)/74-XV1.—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 Additional District and Sessions Judge-I, Kangra at Dharamshala as Drawing and Disbursing Officer and also Controlling officer for the purpose of Salary, T.A. etc. in respect of the establishment attached in the Court of District & Sessions Judge, Kangra at Dharamshala with immediate effect ill the Learned District& Sessions Judge, Kangra at Dharamshala joins his duties.

BY ORDER

REGISTRAR GENERAL

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla the 13th May, 2016

No. HHC/Admn. 6 (23)/74-XV1.—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 Civil Judge (Senior Division)-cum-ACJM. Court No.1, Hamirpur as Drawing and1021 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ 1938 Disbursing Officer and also Controlling officer for the purpose of Salary, T.A. etc. in respect of Class III and IV employees of the establishment of Civil Judge (Junior Division)-cum-JMIC, Court No. II, Hamirpur with immediate effect till the posting/ joining of new presiding officer in that Court.

BY ORDER

REGISTRAR GENERAL

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA - 171 001

NOTIFICATION

Shimla, the 9th May, 2016

No.HHC/Admn.16 (10)74-IV.—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(1) (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. Vijender Singh Chauhan, Advocate, Manali, H.P. as Oath Commissioner at Manali 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

REGISTRAR GENERAL

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA -171001

NOTIFICATION

Shimla, the 4th May, 2016

No.HHC/Admn.16 (24)75-IV.—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(1) (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 Ms. Neha Puri, Advocate, Una as Oath Commissioner at Una, H.P. 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

REGISTRAR GENERAL

________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA – 171 001

NOTIFICATION

Shimla, the 30th April, 2016

No. HHC/Admn.6 (24)74-IX.—The Hon'ble High Court of Himachal Pradesh has been pleased to confer the powers of Judicial Magistrate under Sections 11(3) of the Code of Criminal Procedure and of Civil Judge(Sr. Division) under Sections 11 and 12 of the Himachal Pradesh 1022 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 Courts Act, 1976 upon the Secretaries, District Legal Services Authorities to be exercised by them within the Civil and Sessions Division(s) where they exercise jurisdiction of Secretaries, District Legal Services authorities and they will be posted/deployed as Civil Judge(Sr. Division)-cum-Chief Judicial Magistrate or Additional Chief Judicial Magistrate as the case may be, by the High Court.

BY ORDER

REGISTRAR GENERAL

_________

HIGH COURT OF HIMACHAL PRADESH SHIMLA -171001

NOTIFICATION

Shimla, the 12th May, 2016

No.HHC/GAZ/ 14-313/2010.—Hon'ble the Chief Justice has been pleased to grant ex-post facto sanction of 03 days' commuted leave w.e.f. 14.3.2016 to 16.3.2016 in favour of Smt. Divya Jyoti Patial, Civil Judge (Junior Division)-cum-JMIC, Nalagarh, H.P.

Certified that Smt. Divya Jyoti Patial has joined the same post and at the same station from where she proceeded on leave, after expiry of the above period of leave.

Also certified that Smt. Divya Jyoti Patial would have continued to hold the post of Civil Judge (Junior Division)-cum-JMIC, Nalagarh, H.P., but for her proceeding on leave for the above period.

BY ORDER

REGISTRAR GENERAL

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Dated, 9th May, 2016

No.HHC/Estt.3 (509)/2000-I.—10 days earned leave w.e.f. 09.05.2016 to 18.05.2016 with permission to prefix Sunday falling on 08.05.2016 is hereby sanctioned in favour of Shri Subhash Sharma, Secretary of this Registry.

Certified that Shri Subhash Sharma 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 Subhash Sharma would have continued to officiate the same post of Secretary but for his proceeding on leave.

BY ORDER

REGISTRAR GENERAL

NOTIFICATION

Dated, 10th May, 2016

No.HHC/Admn.3 (233)/86-II.—10 days earned leave on and w.e.f. 09.05.2016 to 18.05.2016 with permission to affix Sunday falling on 08.05.2016 is hereby sanctioned in favour of Shri Ashok Thakur, Court Master of this Registry.

Certified that Shri Ashok Thakur 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 Ashok Thakur would have continued to officiate the same post of Court Master, but for his proceeding on leave.

BY ORDER

REGISTRAR GENERAL

_________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA

NOTIFICATION

Dated,: 10th May, 2016

No.HHC/Admn.3 (230)/86.—44 days commuted leave on and w.e.f. 14.03.2016 to 26.04.2016 with permission to prefix gazetted holiday and Sunday fell on 12.03.2016 & 13.03.2016, is hereby sanctioned, ex-post-facto, in favour of Shri Vijay Chand Verma , Assistant Registrar of this Registry.

Certified that Shri Vijay Chand Verma 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 Vijay Chand Verma would have continued to officiate the same post of Assistant Registrar, but for his proceeding on leave.

BY ORDER

REGISTRAR GENERAL

_________

कार्मिक विभाग नियुक्ति-II

अधिसूूूूचना

शिमला-2, 18 मर्ई, 2016

संंं0 पर (एपी-बी)ए(1)-1/2013.--हिमाचल प्रदेश के राज्यपाल, प्रशासनिक अधिकरण अधिनियम, 1985 (1985 का अधिनियम सँख्यांक 13) की धारा 36 के खण्ड (ख) के साथ पठित धारा 13 द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, इस विभाग की समसंख्यक अधिसूचना तारीख 16-04-2015 1024 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 द्वारा अधिसूचित और राजपत्र, हिमाचल प्रदेश में तारीख 23 अप्रैल, 2015 को प्रकाशित हिमाचल प्रदेश प्रशासनिक अधिकरण कर्मचारिवृन्द (सेवा की शर्तें) नियम, 2015 में संशोधन करने के लिए निम्नलिखित नियम बनाते हैं, अर्थात्‌ :--

1. संक्षिप्त नाम और प्रारम्भ.--(1) इन नियमों का संक्षिप्त नाम हिमाचल प्रदेश प्रशासनिक अधिकरण कर्मचारिवृन्द (सेवा की शर्तें) प्रथम संशोधन नियम, 2016 है ।

(2) ये नियम राजपत्र, हिमाचल प्रदेश में प्रकाशन की तारीख से प्रवृत्त होंगे ।

2. अनुसूची का प्रतिस्थापन.--हिमाचल प्रदेश प्रशासनिक अधिकरण कर्मचारिवृन्द (सेवा की शर्तें) नियम, 2015 से संलग्न अनुसूची के स्थान पर निम्नलिखित अनुसूची रखी जाएगी, अर्थात्‌ः--

''अनुसूची

पे बैण्ड ग्रेड पे

पदनाम पदों की

संख्या

रूपयों में

रूपयों में क्रम संख्या

1. उप रजिस्ट्रार, वर्ग-I (राजपत्रित) 1 15600-39100 7600 2. सहायक रजिस्ट्रार, वर्ग-I (राजपत्रित) 2 15600-39100 6600

3. कोर्ट सचिव, वर्ग-I (राजपत्रित) 1 15600-39100 6600 4. रीडर, वर्ग-I (राजपत्रित) 4 10300-34800 5000 5. निजी सचिव, वर्ग-I (राजपत्रित) 3 15600-39100 5400 6. अनुभाग अधिकारी, वर्ग-I (राजपत्रित) 4 15600-39100 5400 7. अधीक्षक ग्रेड- II, वर्ग-II (अराजपत्रित) 4 10300-34800 4800 8. प्रोग्रामर, वर्ग-I (राजपत्रित) 1 10300-34800 5000 9. निजी सहायक, वर्ग-II (अराजपत्रित) 1 10300-34800 4800 10. जजमेंट राईटर, वर्ग-II (अराजपत्रित) 4 10300-34800 4200 11. वरिष्ठ सहायक, वर्ग-III (अराजपत्रित) 12 10300-34800 4400 1 10300-34800 4400 12. वरिष्ठ वेतनमान आशुलिपिक, वर्ग-III

(अराजपत्रित)

13. कनिष्ठ वेतनमान आशुलिपिक, वर्ग-III 1 5910-20200 2800/3600 दो वर्ष के पश्चात (अराजपत्रित)

10300-34800

14 10300-34800

(अराजपत्रित)

14. पुस्तकालयाध्यक्ष, वर्ग-III (अराजपत्रित) 1 10300-34800 3200 15. अभिलेख-पाल, वर्ग-III (अराजपत्रित) 1 10300-34800 3800 16. कनिष्ठ सहायक/लिपिक, वर्ग-III 3600, 1900/3200 दो वर्ष के पश्चात

5910-20200 10300-34800

17. रिस्टॉरर, वर्ग-III (अराजपत्रित) 2 5910-20200 2400 18. चालक, वर्ग-III (अराजपत्रित) 6 5910-20200 2000/2400 दो वर्ष के पश्चात

5910-20200

19. गनमैन, वर्ग-III (अराजपत्रित) 4 जैसा पैतृक विभाग में है। 20. दफतरी, वर्ग-III (अराजपत्रित) 1 4900-10680 1650 21. अशर, वर्ग-IV (अराजपत्रित) 4 4900-10680 1400 22. कहचरी जमादार, वर्ग-IV (अराजपत्रित) 1 4900-10680 1400 23. आदेशिका तामीलकर्ता, वर्ग-IV (अराजपत्रित) 2 4900-10680 1400 24. चपरासी, वर्ग-IV (अराजपत्रित) 11 4900-10680

4900-10680

1300/ 1650 दो वर्ष के पश्चात1025 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ 1938 25. चपरासी, वर्ग-IV (अराजपत्रित) 4 6200/- प्रति मास नियत

उपलब्धियाँ/रकम

26. पुस्तकालय परिचर, वर्ग-IV (अराजपत्रित) 1 4900-10680 1650 27. माली, वर्ग-IV (अराजपत्रित) 1 4900-10680

4900-10680

28. चौकीदार, वर्ग-IV (अराजपत्रित) 1 4900-10680

4900-10680

29. फ्राश, वर्ग-IV (अराजपत्रित) 1 4900-10680

1300/1650 दो वर्ष के पश्चात 1300/1650 दो वर्ष के पश्चात 1300/1650 दो वर्ष के पश्चात

4900-10680

30. गैस्टेटनर ऑपरेटर, वर्ग-IV (अराजपत्रित) 1 4900-10680 1800 कुल 95 । " ।

आदेश द्वारा, पी.मित्रा, मुख्य सचिव।

--------

[Authoritative English text of this Department Notification No. Per(AP.B)A(1)-1/2013

dated18-05-2016 as required under clause (3) of article 348 of the Constitution of India.]

PERSONNEL DEPARTMENT

Appointment-II.

NOTIFICATION

Shimla-2, the 18th May, 2016

No. Per(AP.B)A(1)-1/2013.—In exercise of the powers conferred by section 13 read with clause (b) of section 36 of the Administrative Tribunals Act, 1985 (13 of 1985), the Governor of Himachal Pradesh is pleased to make the following rules to amend the Himachal Pradesh Administrative Tribunal Staff (Conditions of Service) Rules, 2015, notified vide this Department Notification of even number dated 16-04-2015 and published in the Rajpatra, Himachal Pradesh on 23rd April, 2015, namely:—

1. Short title and commencement.—(1) These rules may be called the Himachal Pradesh Administrative Tribunal Staff (Conditions of Service) First Amendment Rules, 2016.

(2) They shall come into force from the date of publication in the Rajpatra, Himachal Pradesh.

2. Substitution of the SCHEDULE.—For the SCHEDULE appended to the Himachal Pradesh Administrative Tribunal Staff (Conditions of Service) Rules, 2015, the following SCHEDULE shall be substituted, namely:—

"SCHEDULE

Sl. No. Name of Post Number of

Pay band in ` Grade pay

posts

in `

1. Deputy Registrar, Class-I

1 15600-39100 7600

(Gazetted)1026 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 2. Assistant Registrar,Class-I 2 15600-39100 6600 (Gazetted)

3. Court Secretary, Class-I

(Gazetted)

1 15600-39100 6600

4. Reader, Class-I (Gazetted) 4 10300-34800 5000 3 15600-39100 5400 5. Private Secretary, Class-I (Gazetted)

6. Section Officer, Class-I

(Gazetted)

7. Superintendent Grade-II, Class-II (Non-Gazetted)

4 15600-39100 5400

4 10300-34800 4800

8. Programmer, Class-I (Gazetted) 1 10300-34800 5000 1 10300-34800 4800 9. Personal Assistant, Class-II (Non-Gazetted)

10. Judgement Writer, Class-II (Non-Gazetted)

11. Senior Assistant, Class-III (Non- Gazetted)

12. Sr. Scale Stenographers, Class-III (Non-Gazetted)

13. Jr. Scale Stenographer, Class-III (Non-Gazetted)

14. Librarian, Class-III (Non- Gazetted)

15. Record Keeper, Class-III (Non- Gazetted)

16. Jr. Assistant/Clerks,

Class-III (Non-Gazetted)

17. Restorer, Class-III (Non- Gazetted)

18. Driver, Class-III (Non-

Gazetted)

19. Gunmen, Class-III (Non- Gazetted)

20. Daftri, Class-III (Non-

Gazetted)

21. Ushers, Class-IV (Non- Gazetted)

22. Court Jamadar, Class-IV (Non- Gazetted)

23. Process Server, Class-IV

(Non-Gazetted)

24. Peons, Class-IV (Non-

Gazetted)

4 10300-34800 4200

12 10300-34800 4400

1 10300-34800 4400

1 5910-20200

10300-34800

2800/3600 after two years 1 10300-34800 3200

1 10300-34800 3800

14 10300-34800

5910-20200 10300-34800

3600 1900/3200 after two years 2 5910-20200 2400

6 5910-20200 5910-20200

2000 / 2400 after two years 4 As in the parent cadre.

1 4900-10680 1650

4 4900-10680 1400

1 4900-10680 1400

2 4900-10680 1400

11 4900-10680 4900-10680

1300/ 1650 after two years 25. Peons, Class-IV (Non-Gazetted) 4 6200/- per month fixed emoluments/amount

26. Library Attendant, Class-IV (NG) 1 4900-10680 16501027 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ 1938 27. Mali, Class-IV (Non-Gazetted) 1 4900-10680 4900-10680

28. Chowkidar, Class-IV (Non-

1 4900-10680 4900-10680

Gazetted)r

1300/ 1650 after two years 1300/ 1650 after two years 29. Frash, Class-IV (Non-

Gazetted)

1 4900-10680 4900-10680

1300/ 1650 after two years

1 4900-10680 1800

30. Gestetnor Operator, Class-IV

(Non-Gazetted)

Total 95 "

By order,

P. MITRA,

Chief Secretary.

___________

सामान्य प्रशासन विभाग

अनुभाग-ख

अधिसूचना

शिमला-2, 19 मई, 2016

संख्याः जीएडी-बी-(ए) 1-10/2013 (ऊना).--हिमाचल प्रदेश के राज्यपाल की यह राय है कि ऐसा करना आवश्यक है कि निम्नलिखित स्तम्भ संख्या 6 में दर्शाए गए पटवार वृत्तों से गठित, जिला ऊना में एक नई उप-तहसील दुलैहड़ सृजित की जाए, ताकि नजदीक के गांवों के सम्बद्ध लोगों को बेहतर सेवाएं उपलब्ध करवाई जा सकें और जिससे उनको होने वाली असुविधा से निवारित किया जा सके तथा बेहतर प्रशासनिक नियन्त्रण हो सके।

अतः हिमाचल प्रदेश के राज्यपाल, हिमाचल प्रदेश भू-राजस्व अधिनियम, 1954 (1954 का अधिनियम संख्यांक 6) की धारा 6 और रजिस्ट्रीकरण अधिनियम, 1908 (1908 का अधिनियम संख्यांक 16 ) की धारा 5 द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, जिला ऊना हिमाचल प्रदेश में एक नई उप-तहसील दुलैहड़ का सृजन करते हैं :-

जिला मुख्यालय

उप-तहसील का नाम

उप-मण्डल का नाम

तहसील का नाम

सम्मिलित पटवार वृत्त

तहसील का नाम जिससे अपवर्जित किए गए 1 2 3 4 5 6 7 दुलैहड़ हरोली हरोली ऊना दुलैहड़ 1. दुलैहड़ हरोली 2. पोलियांबीत

3. कुठारबीत1028 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ, 1938 4. पूबोवाल प्रथम

5. पूबोवाल द्वितीय

6. कुंगड़त द्वितीय

7. कुंगड़त तृतीय

8. सिंगा

9. गोन्दपुर जयचन्द

आदेश द्वारा, पी0 मित्रा, मुख्य सचिव।

---------

[Authoritative English text of the Himachal Pradesh Government Notification NO. GADB-(A)-1

10/2013 (Una) Dated 19-5-2016 as required under clause(3) of Article 348 of the Constitution of

India.]

GENERAL ADMINISTRATION DEPARTMENT

Section-B.

NOTIFICATION

Shimla-2, the 19th May, 2016

No. GAD-B-(A)-1-10/2013 (Una).—Whereas, the Governor of Himachal Pradesh is of the opinion that it is necessary to do so that a new Sub-Tehsil Dulahar in District Una may be created consisting of the Patwar Circles shown in column 6, below to provide better services to the concerned people of nearby villages and to avoid inconvenience faced by them and to have the better administrative control.

Now, therefore, in exercise of the powers conferred by section 6 of the Himachal Pradesh Land Revenue Act, 1954 (Act No.6 of 1954) and section 5 of the Registration Act, 1908 (Act No. 16 of 1908), the Governor of Himachal Pradesh is pleased to create a new Sub-Tehsil at Dulahar in District Una, Himachal Pradesh:—

District

Headquarter

Name of

Tehsil

Name of

the Sub-

Tehsil

Name of

Sub-

Division

Patwar

Circles

Included

Name of

Tehsil

from

where

excluded

1 2 3 4 5 6 7 Dulahar Haroli Haroli Una Dulahar 1. Dulahar Haroli 2. Polianbeet1029 राजपत्र, हिमाचल प्रदेश, 24 मई, 2016/3 ज्येष्ठ 1938 3. Kutharbeet 4. Pubowal-I

5. Pubowal-II

6. Kungrat-II

7. Kungrat-III

8. Singa

9.Gondpur

Jaichand

By order, P. MITRA Chief Secretary.

नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित इलेक्ट्रॉनिक हस्ताक्षरित राजपत्र, वैबसाइट http://rajpatrahimachal.nic.in पर उपलब्ध है एवम्‌ ऑनलाइन सत्यापित किया जा सकता है