Himachal Pradesh Gazette, No. 144, 04 October 2019

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित शुक्रवार, 04 अक्तूबर, 2019/12 आश्विन, 1941

हिमाचल प्रदेश सरकार

TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2, the 18th September, 2019

No. TPT-F (7)-2/2001-IV.—The Governor, Himachal Pradesh, in exercise of the powers conferred under the Constitution/ Bye Laws of Institution of Driving Training & Research Society, Sarkaghat, Himachal Pradesh and on recommendations of the General Body/Governing Council of 144-राजपत्र/2019-04-10-2019 (6651)6652 राजपत्र, हिमाचल प्रदेश, 04 अक्तूबर, 2019/12 आश्विन, 1941 the said Society is pleased to re-constitute the Governing Body of IDTRS Sarkaghat, with immediate effect, as under:—

The acts and deeds as well as other terms and conditions of the Governing Body shall be the same as defined in the Constitute/Bye Laws of Institution of Driving Training & Research Society, Sarkaghat, Himachal Pradesh.

By order,

JAGDISH CHANDER SHARMA Principal Secretary (Transport).

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TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2, the 19th September, 2019

No. TPT-A (4)-8/2015.—The Governor, Himachal Pradesh in partial modification of this Department notification of even number dated 06-02-2019 and in exercise of the powers conferred by section 215(2) of Motor Vehicles Act, 1988, is pleased to nominate Sh. Ajinder Negi, Village and Post Office Moorang, Tehsil Moorang, District Kinnaur as non-official member of the State Transport Development and Road Safety Council in place of Sh. Vinay Kumar Negi, VPO Yula, Tehsil Nichar, District Kinnaur, with immediate effect, in the public interest.

By order,

JAGDISH CHANDER SHARMA Principal Secretary (Transport).

NOTIFICATION

Shimla, the 9th September, 2019

No. HHC/Admn. 6(24)74-X.— The Hon'ble High Court of Himachal Pradesh, in exercise of the powers vested in it under Sub-Section (2) and (3) of Section 11 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) and all other powers enabling it in this behalf, has been pleased to confer the powers of Judicial Magistrates First Class upon the following Judicial Magistrates Second Class to be exercised by them within the local limits of the Districts where they are posted, with immediate effect:—

By order,

Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 26th August, 2019

No. HHC/Admn. 6(23)/74-XVII.—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-cum-JMIC-IV, Shimla, H.P. as Drawing and Disbursing Officer in respect of the court of Civil Judge-cum-JMIC-VIII, Shimla, H.P. and also the Controlling Officer for the purpose of salary, T.A. etc. in respect of Class II to IV employees under Major head "2014 Administration of Justice" with immediate effect till the posting of New Presiding Officer in the court of Civil Judge-cum-JMIC-VIII, Shimla, H.P.

By order,

Sd/- Registrar General.

NOTIFICATION

Shimla, the 04th September, 2019

No. HHC/Admn. 6(23)/74-XVII.—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-cum-JM, Nurpur, H.P. as Drawing and Disbursing Officer in respect of the Court of Senior Civil Judge-cum-ACJM, Nurpur, H.P. and also the Controlling Officer for the purpose of T.A. etc. in respect of the establishment attached to the aforesaid court under Major head "2014 Administration of Justice" during the earned leave period of Shri Nitin Mittal, Senior Civil Judge-cum-ACJM, Nurpur, H.P. w.e.f. 11-09-2019 to 19-09-2019 with permission to prefix gazetted holiday falling on 10-09-2019 or until he returns from leave.

By order,

Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 12th September, 2019

No. HHC/GAZ/14-347/2014.— Hon'ble the Chief Justice has been pleased to grant ex-post facto sanction of 10 days commuted leave w.e.f. 19-08-2019 to 28-08-2019 in favour of Ms. Akanksha Dogra, Civil Judge-cum-JMIC, Palampur, H.P.

Certified that Ms. Akanksha Dogra 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 Ms. Akanksha Dogra would have continued to hold the post of Civil Judge-cum-JMIC, Palampur, H.P., but for her proceeding on leave for the above period.

By order,

Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 12th September, 2019

No. HHC/GAZ/14-269/2003.— Hon'ble the Chief Justice has been pleased to grant ex-post facto sanction of 07 days commuted leave w.e.f. 27-08-2019 to 02-09-2019 in favour of Shri Parvinder Singh Arora, Senior Civil Judge-cum-CJM, Shimla, H.P.

from where he proceeded on leave, after expiry of the above period of leave.

Also certified that Shri Parvinder Singh Arora would have continued to hold the post of Senior Civil Judge-cum-CJM, Shimla, H.P., 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-171001

NOTIFICATION

Shimla, the 12th September, 2019

No. HHC/GAZ/14-191/88-II.—Hon'ble the Chief Justice has been pleased to grant ex-post facto sanction of 16 days commuted leave w.e.f. 19-08-2019 to 03-09-2019 in favour of Shri Rajeev Bhardwaj, District and Sessions Judge, Shimla, H.P.

Certified that Shri Rajeev Bhardwaj 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 Rajeev Bhardwaj would have continued to hold the post of District and Session Judge, Shimla, H.P., 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-171001

NOTIFICATION

Shimla, the 04th September, 2019

No. HHC/GAZ/14-301/2008.— Hon'ble the Chief Justice has been pleased to grant 09 days earned leave w.e.f. 11-09-2019 to 19-09-2019 with permission to prefix gazetted holiday falling on 10-09-2019 in favour of Shri Nitin Mittal, Senior Civil Judge-cum-ACJM, Nurpur, H.P. Certified that Shri Nitin Mittal 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 Nitin Mittal would have continued to hold the post of Senior Civil Judge-cum-ACJM, Nurpur, H.P., but for his proceeding on leave for the above period.

By order, Sd/- Registrar General.

NOTIFICATION

Shimla, the 07th September, 2019

No. HHC/GAZ/14-372/2016.—Hon'ble the Chief Justice has been pleased to grant ex-post facto sanction of 07 days earned leave w.e.f. 09-08-2019 to 15-08-2019 in favour of Ms. Rosy Dahiya, Civil Judge-cum-JMIC-II, Amb, H.P.

Certified that Ms. Rosy Dahiya 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 Ms. Rosy Dahiya would have continued to hold the post of Civil Judge- cum-JMIC-II, Amb, but for her proceeding on leave for the above period.

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 4th September, 2019

No. HHC/Admn. 16 (a21)part.—The Hon'ble 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. Rakesh Raghuvanshi, Ms. Godawari Bhatti and Ms. Manjula Kumari, Advocates, H.P. High Court as Oath Commissioners for the High Court of Himachal Pradesh, Shimla with immediate effect for a period of two years for administering oaths and affirmations on affidavits to the deponents under the aforesaid Codes and Rules.

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 11th September, 2019

No. HHC/Admn. 3(344)/92-I.—16 days earned leave in two spells i.e. (i) 10 days leave on and w.e.f. 25-09-2019 to 04-10-2019 and (ii) 06 days earned leave on and w.e.f. 14-10-2019 to 19-10-2019, with permission to prefix Sundays and Dussehra Holidays commencing from 06-10-2019 to 13-10-2019 and suffix Sunday falling on 20-10-2019, is hereby sanctioned, in favour of Shri Vishal Shabi, Court Master of this Registry.

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

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Dated, the 9th September, 2019

No. HHC/Estt. 3(515)/2001.—13 days earned leave on and with effect from 09-09-2019 to 21-9-2019, with permission to affix Sundays on 08-09-2019 and 22-09-2019, is hereby sanctioned, in favour of Shri C.M. Thakur, Secretary of this Registry.

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

By order,

Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 17th August, 2019

No. HHC/ Estt. 3(567)/2005.—13 days earned leave on and w.e.f. 19-08-2019 to 31-08-2019 with permission to affix Sundays falling on 18-08-2019 and 01-09-2019 is hereby sanctioned in favour of Smt. Urmila, Court Master of this Registry.

Certified that Smt. Urmila is likely to join the same post and at the same station from where she proceeds on leave after the expiry of the above leave period.

Certified that Smt. Urmila would have continued to officiate the same post of Court Master but for her proceeding on leave.

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 31st August, 2019

No. HHC/ Admn. 3(270)/88-I.—04 days commuted leave w.e.f. 20-08-2019 to 23-08-2019 with permission to suffix Gazetted holiday and Sunday fell on 24th & 25th August, 2019 is hereby sanctioned, ex-post-facto, in favour of Smt. Sanjokta Thakur, Court Master of this Registry.

Certified that Smt. Sanjokta Thakur has joined the same post and at the same station from where she had proceeded on leave after the expiry of the above leave period.

Certified that Smt. Sanjokta Thakur would have continued to officiate the same post of Court Master but for her proceeding on leave.

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 31st August, 2019

No. HHC/ Admn. 3(399)/95-I.—06 days earned leave on and w.e.f. 02-09-2019 to 07-09-2019 with permission to affix Sundays falling on 1st & 8th September, 2019 is hereby sanctioned in favour of Shri Beer Singh Sharma, Secretary of this Registry.

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

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 6th September, 2019

No. HHC/Admn. 3(398)/95-I.—11 days earned leave on and with effect from 25-09-2019 to 05-10-2019 with permission to suffix Sundays and Dussehra holidays commencing from 6th to 13th October, 2019 is hereby sanctioned in favour of Shri Mohan Lal Gandhi, Secretary of this Registry.

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

By order, Sd/- Registrar General.

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001

NOTIFICATION

Shimla, the 11th September, 2019

No. HHC/Estt.3(510)/2000-I.—07 days earned leave w.e.f. 27-08-2019 to 02-09-2019 is hereby sanctioned, ex-post-facto, in favour of Shri Tarun Mahajan, Secretary of this Registry.

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

By order, Sd/- Registrar General.

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राज्य निर्वाचन आयोग हिमाचल प्रदेश STATE ELECTION COMMISSION HIMACHAL PRADESH आमर्जडेल शिमला-171002 Armsdale, Shimla-171002, Tel. 0177-2620152, 2620159, 2620154, Fax. 2620152 [email protected]

No. SEC-16-29/2000-I-1975

Dated, the 3rd October, 2019

NOTIFICATION

Whereas it is considered appropriate, desirable and necessary in the interest of free, fair, smooth, orderly and peaceful conduct of elections to the Panchayati Raj institutions and Municipal bodies to formulate and issue a Model Code of Conduct for guidance and compliance by all concerned;

Now, therefore, in exercise of the powers vested in it under Articles 243 K and 243 ZA of the Constitution of India, Section 160 of the Himachal Pradesh Panchayati Raj Act, 1994 Section 281 of the Himachal Pradesh Municipal Act, 1994, Section 9 of the H.P. Municipal Corporation Act, 1994 and all other powers enabling it in this behalf; the State Election Commission Himachal Pradesh makes and hereby notifies the following model code of conduct, for the guidance and compliance of political parties and candidates in respect of elections to Panchayati Raj Institutions and Urban Local Bodies.

1. Short title:

1.1 (a) This code shall be called the Himachal Pradesh Panchayats and Municipalities Model Code of Conduct, 2019.

(b) This Code shall apply to the elections of Panchayati Raj Institutions and Municipalities in the State of Himachal Pradesh as defined under the Constitution of India.

2. Commencement :

2.1 This Code shall, unless otherwise directed by the Commission, come into force and be applicable on and from the date on which the Commission publishes the election programme;

Provided that the Commission may enforce different provisions of this Code on different dates;

Provided further that the Commission may enforce this Code in different parts of the State from different dates.

2.2 The Code or any of its paragraphs which have become effective and applicable shall continue to be effective and applicable till the election process is completed

3. Definition:

3.1 Unless a contrary intention appears from the context, the following words and expressions shall have the meanings assigned to them hereunder:

(a) "Act" means the Himachal Pradesh Panchayati Raj Act, 1994, The Himachal Pradesh Municipal Act, 1994 and the Himachal Pradesh Municipal Corporation Act,1994 as the case may be;

(b) "Candidate" means a candidate for election to Panchayats and Municipalities as the case may be;

(c) "Chairman" means a Chairman (and includes a Vice-Chairman) of a company or a board substantially owned or controlled by the Government;

(d) "Code" means the Himachal Pradesh Panchayats and Municipal Model Code of Conduct, 2019;

(e) "Commission" means the State Election Commission of Himachal Pradesh;

(f) "Corporation" means the Municipal Corporation Shimla and Dharamshala declared and constituted under the relevant Act;

(g) "Councillor" means a Councillor elected under the relevant Act;

(h) "Deputy Commissioner" means the Deputy Commissioner of District and includes Additional Deputy Commissioner appointed to perform all or any of the functions of the Deputy Commissioner under the Act;

(i) "Election Personnel" means the Deputy Commissioner, District Election Officer (Panchayat), District Election Officer (Municipalities), Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer, Counting Staff and any person appointed to perform any duty in connection with election;

(j) "Government" means the Government of the State;

(k) "Mayor" means Mayor of the Corporations and also includes the Deputy Mayors;

(l) "Media" means any mode of information / communication which includes print media, electronic media, social media including modern IT tools;

(m) "Minister" means a Minister of the State Govt. and include the Chief Minister, a Minister of State and a Deputy Minister;

(n) "Municipality" means an institution of self government constituted under the H.P. Municipal Act, 1994 or the H.P. Municipal Corporation Act, 1994, which may be a Nagar Panchayat or a Municipal Council or a Municipal Corporation;

(o) "office bearer" includes the President and the Vice-President of a Municipality, the Pradhan and Up-Pradhan of a Gram Panchayat. The Chairman and Vice- Chairman of a Panchayat Samiti or a Zila Parishad and the Member of a municipality or a Panchayat and also includes the Mayor, Deputy Mayor and the Councillors of the Corporations;

(p) "Panchayat" means a Gram Panchayat and includes a Panchayat Samit and a Zila Parishad constituted under the Himachal Pradesh Panchayat Raj Act,1994;

(q) "Parliamentary Secretary" means a Parliamentary Secretary of the State and includes a Chief Parliamentary Secretary;

(r) "Party" means a group or association of person, whether registered or not, whether recognized or not, and includes a 'political party' which means an association of body of individual citizen of India registered as such with the Election Commission of India;

(s) "Polling Officer" means a person appointed to conduct or to assist in the conduct of election to the Panchayats and Municipalities;

(t) "Presiding Officer" means a persons appointed as Presiding Officer for Conduct of election to the Panchayats and Municipalities and includes a person including a Polling Officer authorized to perform all or any of the functions of the presiding Officer;

(u) "Public Servant" includes a Government servant and an employee of a Municipality or a Panchayat or a body Corporate substantially owned or Controlled by the Government;

(v) "Returning Officer" means an Officer appointed to perform the duties of a Returning Officer in connection with the election to the Panchayat or a Municipality and includes an Assistant Returning Officer while discharging the duties of a Returning Officer for conduct of elections;

(w) "State" means the State of Himachal Pradesh;

3.2 The words and expressions, not defined hereinabove, shall have the meaning assignment to then in the relevant Act and the rules made thereunder.

4. Canvassing and Public Harmony :

4.1 No Party or candidate shall indulge in any activity which may aggravate existing differences, create mutual hatred or cause tension between different group of people on the basis of religion, race, caste, creed, community, language, residence or sex.

4.2 There shall be no appeal on the basis of religion, race, caste, community, and language for securing votes for a candidate including oneself or for not voting for a particular candidate.

4.3 No place of worship such as temples, mosques, churches etc. shall be used as a forum for election propaganda.

4.4 No criticism of any aspect of the private life of a candidate which is not connected with his public life or activities shall be made, nor any allegation shall be made which is based on unverified facts or incidents. ln other words, while reasonable criticism of the political ideology or public conduct of a candidate is permissible, a false statement of fact affecting the individual should be avoided.

4.5 Criticism of a party, when made, shall be confined to its policies and programmes, past record and work and all shall not be based on unverified allegations.

4.6 Organising demonstrations or picketing or shouting slogans before the houses of individuals by way of protesting against their opinions or activities should not be resorted.

4.7 All parties and candidates shall avoid scrupulously all activities which are corrupt practices or electoral offences under the relevant provisions of the relevant Act. These include, interalia, (a) bribery (b) undue influence (c) appeal on the basis of religion, race, caste, community or language (d) promoting enmity or hatred between or among different class or citizen on grounds of religion, race, caste, community or language (e) arranging free conveyance for carrying voters to and from a polling station (f) obtaining assistance of the employee of the Central or State Govt. or of a local authority. Proof of commissioning of a corrupt practice may render a candidate liable to be disqualified.

5. Use of Posters, Flags, Banners, Hoarding & Media etc:

5.1 No Party or Candidate shall permit its members, supporters or followers to use any private or public property for erecting flag-staff, pasting notices, posters or slogans, etc. or suspending banners without permission of the owner or manager or the person in possession6663 राजपत्र, हिमाचल प्रदेश, 04 अक्तूबर, 2019/12 आश्विन, 1941 of the property concerned. Any violation of this clause will attract the provisions of the Himachal Pradesh Open Places (Prevention of Disfigurement) Act, 1985.

5.2 No candidate or his workers shall remove or deface the flags flown or posters pasted by another candidate or party.

5.3 No candidate be allowed to use election material made of plastic during election campaign.

5.4 It should be mandatory for the contesting candidates to remove and dispose of all posters, banners flags etc. within a week of the announcement of result.

5.5 No candidate or Party shall carry or allow its supporters or workers to carry the effigy of another candidate or party leader or other prominent person in a procession or burn such effigy in a public place.

5.6 No party or candidate shall use loudspeakers without obtaining necessary permission from the authority authorised in this behalf under law/existing practice. The loudspeaker shall be used only between 9.00 A.M. to 7.00 P.M or the shorter time as the competent authority might order.

5.7 Loudspeakers/high voice devices shall not be used near Schools & Hospitals during campaign.

5.8 Posting obnoxious campaign material on social media or on modern information technology tools is not permitted.

5.9 No candidate should get published any news in print or electronic media etc. which amounts to paid news.

5.10 No Party or candidate shall print or publish any poster, pamphlet, leaf-let, circular or advertisement without mentioning the name and address of the printer and the publisher.

6. Meetings:

6.1 The Party or candidate shall inform the local police authorities of the venue and time of any proposed public meeting or a rally well in time so as to enable the police to make necessary arrangements for controlling traffic and maintaining order.

6.2 No candidate or party shall hold public meetings or rallies or take out processions without prior permission of the competent authorities. They should ascertain in advance whether there are any prohibitory order or traffic restrictions. It should be ensured that processions of different candidate or parties are on different timings, routes, and venue.

6.3 Election meetings or processions of a rival candidate or party shall not be disturbed by a candidate or party or his /its workers or supporters. Processions shall not be taken out by one party along places at which meeting are held by another party.

6.4 While granting permission for organizing an election meeting rally at a public place, no distinction should be made between different candidates or parties. In case more than one candidate or party requests for holding meetings at the same venue on the same date and time, the permission should be granted to such candidate or party who had applied first. Other candidate or parties may be granted permission to hold meeting in the order in which they applied in point of time and they should be persuaded to hold such meetings at other place or time.

of the Government or a local body should be spent on them.

6.6 Processions shall be so regulated as to keep as much to the right of the road as possible and the direction and advice of the police on duty shall be strictly complied with.

6.7 The organisers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. If the procession is very long, it shall be organised in segments of suitable lengths.

6.8 The political parties or candidates shall exercise control to the maximum extent possible in the matter of processionists carrying articles which may be put to misuse by undesirable elements especially in moments of excitement.

7. Co-operation with polling personnel:

7.1 Every candidate and party shall co-operate with the election personnel in holding a peaceful and orderly poll and with those charged with the maintenance of law and order to ensure proper and peaceful environment before, during and after the poll.

7.2 Polling personnel should not stay in any of the premises or avail any facility of any of the contesting candidate or their relatives. They should also not take any courtesy offer by any contesting candidate or their relatives.

Explanation.—In this paragraph, the expression "during the poll" means the period between the publication of the Election programme and till the election process is completed.

8. Election Expenses:

8.1 No contesting candidate shall incur expenditure in connection with his election in excess of the following limits prescribed under relevant election rules:—

1. Member Zila Parishad = Rs. 1, 00,000

2. Member, Municipal Council = Rs. 75,000

3. Member, Nagar Panchayat = Rs. 50,000

8.2 The contesting candidate shall maintain day to day expenditure record in the prescribed performa and shall get counter signature of RO/ARO on weekly basis.

8.3 Every such candidate shall, as required under the relevant law, within thirty days of the announcement of election result, submit a true account of election expenditure in the prescribed form to the authority specified for the purpose.

9. Government machinery:

9.1 A public servant shall remain neutral/impartial during the elections. He shall not take part in any election campaign, activity or work for or against any contesting candidate or party.

9.2 If family members of a public servant are contesting candidates in the elections, the public servant shall not proceed on leave and leave the headquarters till the election process is over.

9.3 No public servant should organize, address, finance or take part in any election meeting / rally / function etc. This, however, does not preclude the discharge of official duties by those charged with the maintenance of public order and management of traffic.

9.4 A public servant shall not accompany a Minister, Member of Parliament or Member of Legislative Assembly of the State or participate in any programme organized at an individual's house which such a dignitary may attend during an election tour.

9.5 Use of rest houses, circuit houses and other Government accommodation should be permitted to all the candidates and parties on the same terms and conditions at which it is permissible for the Party in power. These should normally be permitted to be used for short period and on first come-first serve basis without allowing any one to monopolise the facility. However, no candidate or party should be allowed to use such building or its precincts for the purpose of election propaganda/storage of election related articles.

10. Party in power:

10.1 During the Elections to Panchayati Raj Institutions/Urban Local Bodies, no vehicle belonging to Government or public undertaking or co-operative societies or any other institutions receiving grants or any other facility shall be made available to the Ministers/ Parliamentary Secretary/Chairman/Member of Parliament/Member of Legislative Assembly of the State, if they undertakes a tour of any area where elections are scheduled to be held, such tour shall be deemed to be an election tour and no Govt. servant except those who are deployed for security, law and order and traffic management shall accompany them.

10.2 No vehicles belonging to Govt. or public undertaking or co-operative societies or any other institutions receiving grants shall be provided to any Minister/Parliamentary Secretary/ Chairman/Member of Parliament/Member of Legislative Assembly or a candidate for canvassing in election in any manner from the date on which the election programme is published.

10.3 A Minister/Parliamentary Secretary/Chairman/Member of parliament/Member of Legislative Assembly of the State shall not combine his official visit with electioneering work related to elections to the Panchayati Raj Institutions/Urban Local Bodies and shall not make use of official machinery and personnel or other Government resources including Government vehicles for furtherance of interest of any candidate.

10.4 Issue of advertisements/hoardings at the cost of public exchequer in newspapers and other media during the election period for partisan coverage and publicity regarding achievements with the intention to furthering the prospects of the party in power shall be scrupulously avoide.

11. Granting or providing benefits:

11.1 In the areas where elections are scheduled to be held the State Govt./Minister/Parliament Secretary/Member of Parliament/Legislative Assembly/Chairman/Mayor/Deputy Mayor/ Councillors of the Corporation/Office bearers of Panchayats and Municipalities and other authorities—

(a) shall not sanction or provide any financial grants;

(b) announce any new scheme;

(c) shall not sanction or announce or promise any scheme;

(d) shall not lay foundation stone of or inaugurate and any new scheme or project or promise construction of any road, water supply scheme or other such public facility;

(f) no tenders etc. shall be finalized during the election process;

(g) shall not make any appointment of any nature including one on adhoc/contract/daily rated basis;

(h) shall not select new beneficiaries for assistance from public funds; and

(i) shall not transfer/promote personnel.

12. Organizational Status Quo:

12.1 The structure, classification or area of the Panchayats and Municipalities shall not be altered after the issue of Notification by the State Election Commission enforcing this clause, till the election process is over.

13. Before, during and after the poll:

13.1 No candidate or party shall hold public meeting or take out processions during the period of forty eight hours ending with the hour fixed for the conclusion of poll.

13.2 The identity slip given to voters should be on plain (white) paper and shall not contain any symbol or name of the candidate, only the name of the voter, his / her father's / husband 's name, ward number, polling booth number and serial number of the voter in the electoral roll could be written on the identity slip.

13.3 No one shall enter any polling station or place of counting without a pass issued by the Returning Officer except in his capacity as a candidate or a voter intending to cast vote or an authorized agent.

13.4 No candidate's camp shall be set up within distance of 100 meters from the polling station. Even where more than one polling station has been set in the same premises, there shall be only one such camp of a candidate for such group of polling stations beyond a distance of hundred meters from such premises.

13.5 No person shall :

(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood a megaphone or a loudspeaker;

(b) act in a disorderly manner in or near the polling station resulting in interference with the work of the polling officers on duty.

13.6 No one will obstruct or prevent, by using physical force otherwise, a voter fromentering a polling station or casting his vote.

13.7 Any person who fails to obey the lawful directions of the election personal shall be liable to be removed from the polling station by the police.

13.8 Any person who fraudulently or forcibly takes a ballot paper out of the polling station will be liable to be proceeded against.

13.9 No candidates will allow unnecessary crowd to be collected near the camps and polling booths so as to avoid confrontation and tension among workers and sympathizers of the parties and the candidate and ensure that the candidate's camps shall be simple. There shall not display of any posters, flags, symbols or any other propaganda material. No eatable shall be served or crowd allowed at the camps.

polling station.

13.11 No candidate will impersonate a voter or attempt to cast vote under the false name of the voter.

13.12 Officials telephones including mobiles, fax etc. shall not be used for electioneering purpose.

14. Assistance:

14.1 Candidates or their election agents may, when necessary, give specific complaint or report difficulties regarding the conduct of elections to the Returning Officer or to the Observers, if any, appointed by the Commission.

14.2 It would be in the interest of the candidate to ensure compliance with the Code, otherwise he may, if elected, render himself liable to be disqualified or be unseated on an election petition in the event of the breach of a legal provision.

15. Consequence of violation:

15.1 The violation of most of these provisions constitutes corrupt practice or an electoral offence which may disqualify the person violating this code or he/she may be prosecuted in a court of law or both.

By order, Sd/- State Election Commissioner, Himachal Pradesh.

___________

"Greater Participation for a Stronger Democracy"

HIMACHAL PRADESH ELECTION DEPARTMENT

BLOCK NO. 38, SDA COMPLEX, KASUMPTI, SHIMLA-171009

NOTIFICATION

Dated, the 1st October, 2019

No. 5-11/2018-ELN.—On the recommendations of Departmental Promotion Committee, the Governor, Himachal Pradesh, is pleased to order, promotion of Sh. Harbaksh Singh, Naib-Tehsildar (Election), District Election Office, Shimla to the post of Tehsildar (Election), Class-I (Gazetted) in the pay scale of Rs. 10300-34800/- plus Rs. 5000/- Grade Pay and posting in the District Election Office, Kullu against vacancy of Tehsildar (Election), with immediate effect.

The above officer will remain on probation for a period of two years subject to such further extension for a period not exceeding one year as may be ordered by the competent authority in special circumstances and reasons to be recorded in writing.

The above officer will have to exercise option for fixation of pay under the provisions of saving clause of FR-22(I)(a)(1) within a period of one month from the date of joining as Tehsildar (Election).

The above promotion shall be subject to the final decision of the OA Nos. 354/2015, 952/2015 and 1326/2015, pending before the erstwhile Hon'ble H.P. Administrative Tribunal, Shimla, now before the Hon'ble H.P. High Court. Shimla.

By order,

Chief Electoral Officer-cum-Secretary (Election),

Govt. of Himachal Pradesh.

__________

"Greater Participation for a Stronger Democracy"

HIMACHAL PRADESH ELECTION DEPARTMENT

BLOCK NO. 38, SDA COMPLEX, KASUMPTI, SHIMLA-171009

NOTIFICATION

Dated, the 3rd October, 2019

No. 5-27/2009-ELN.—On the recommendations of Departmental Promotion Committee, the Governor, Himachal Pradesh, is pleased to order, promotion of Sh. Vinod Kumar, Personal Assistant, Election Department Headquarters, Shimla to the post of Private Secretary, Class-I (Gazetted) in the pay scale of Rs. 15600-39100/- plus Rs. 5400/- Grade Pay plus Rs. 2000/- Secretariat Pay and posting in the Election Department Headquarters, Shimla against vacancy of Private Secretary, with immediate effect.

The above officer will remain on probation for a period of two years subject to such further extension for a period not exceeding one year as may be ordered by the competent authority in special circumstances and reasons to be recorded in writing.

The above officer will have to exercise option for fixation of pay under the provisions of saving clause of FR-22(I)(a)(1) within a period of one month from the date of joining Private Secretary.

By order,

Chief Electoral Officer-cum-Secretary (Election),

Govt. of Himachal Pradesh.

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