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LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Dated, the 27th March, 2021

No. Shram(A)3-10/2020 (Awards).—In exercise of the powers vested under section 17 (1)

of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is pleased to order the

publication of awards of the following cases announced by the Presiding Judge, Labour Court,

Shimla on the website of the Department of Labour & Employment Government of Himachal

Pradesh:—

34—jkti=@2021&14&06&2021

¼947½

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Sl.

No.

Reference/

Application

Title

Section

1.

Ref. 116/2018

President/Gen. Secy. Workers Union v/s M/s Indo

Farm Equipment Ltd.

10

2.

Ref. 89/2018

Himachal Hotel Mazdoor Lal Jhanda v/s Manager,

Srijan Bhog Company (P) Ltd.

10

3.

Ref. 116/2018

Himachal Hotel Mazdoor Lal Jhanda v/s Manager,

Srijan Bhog Company.

10

4.

Ref. 167/2020

Sh. Yash Pal v/s M/s Unispeed Pharmaceuticals,

Solan, H.P.

10

5.

Ref. 02/2019

Smt. Kiran Devi v/s M/s Lotus Herbals Colour &

Cosmetics, Baddi.

10

6.

Ref. 01/2020

Gen. Secy. Himachal Futuristic Communications

Ltd. v/s M/s Himachal Futuristic Communications

Ltd.

10

By order,

KAMLESH KUMAR PANT, IAS

Principal Secretary (Lab. & Emp.).

____________

In the Court of Sh. Chirag Bhanu Singh, Presiding Judge, H.P. Industrial

Tribunal-cum-Labour Court, Shimla

Reference No. 24 of 2014

Instituted on 13-1-2014

Decided on 20-1-2021

The President/General Secretary, Indo Farm Equipment Worker Union Phase-II, Village

Thana, P.O. Baddi, District Solan, H.P.

. .Petitioner.

Versus

The Factory Manager M/s Indo Farm Equipment Worker Union Phase-II, Village Thana,

P.O. Baddi, District Solan, H.P.

. .Petitioner.

Reference under section 10 of the Industrial Disputes Act

For petitioner :

Shri J.C. Bhardwaj, AR

For respondent :

Shri H.R. Thakur, Advocate

AWARD

The following reference was received for adjudication from the appropriate government

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1.

Whether transfer of the Services of six workers from M/s Indo Farm Equipment Ltd.,

EPIP Phase-II, Village Thana, Baddi, District Solan, H.P. namely (1) Shri Tarsem Lal, Employee

Code 789 and (2) Shri Dinesh Kumar Employee Code No. 5407 to Sales & service base station.

M/s Indo Farm Equipment Ltd., Village Semara near LINEX factory and RKBK Petrol Pump, P.O.

Chinhed, District Lucknow, UP (3) Arun Dogra employee code No. 5767 to Factory Outlet M/s

Indo Farm Equipment Ltd., Pinjore Factory out-let, Model Town Nalagarh Road Pinjore. HR (4)

Shri Kuldeep Singh employee code No. 238 to Baddi factory out-let Opposite Bus Stand Baddi

District Solan, H.P. (5) Shri Naresh Kumar Employee code No. 777 to Indo Farm Equipment Ltd.,

Office No. 203, 2nd Floor, Wing 8-A Parmar Park, Shopping Arcade, Wanwadi Pune (MH) and

(6) Shri Sohan Singh employee code 5768 to factory out-let at Ambala (HR) by the

Employer/General Manager M/s Indo Farm Equipment Ltd., EPIP, Phase-II, Village Thana, Baddi,

District Solan, H.P. is legal and justified? If not, what relief the above aggrieved workers are

entitled to from the above management/employer?

2.

Whether resorting to stike by the workers of M/s Indo Farm Equipment Ltd., EPIP,

Phase-II, Village Thana, Baddi, District Solan, w.e.f. 8-12-2013 on account of opposing the

transfer orders of six workmen (as mentioned in issue no.1 above) and against the termination of

other six workers by the employer/general manager, HRD M/s Indo Farm Equipment Ltd., EPIP,

Phase-II, Village Thana, Baddi District Solan, is legal and justified? If yes, what monetary and

other service benefits the concerned workers are entitled to from the above employer and

management and if not, legal and justified, its effects?"

It is the averred case of the petitioner union that the petitioner workmen namely Tarsem

Lal, Dinesh Kumar and one Shri Sohan Singh who were working with the respondents as

mechanics and were the confirmed employees of the respondent were transferred during the

pendency of the conciliation proceedings before the Labour-Conciliation Officer, Baddi and that

too without any express permission from him. That the action of the respondent was stated to be

brazenly in breach of section 33 (1) (a&b) of the Act (hereinafter to be referred as Act).

3.

The said act of the respondent was stated to be in violation of the settlement inter se

parties, entered as far back as 19-4-2011. The copy of the settlement having been annexed as P-1.

The settlement inter-alia espoused the working conditions of the labour, their working hours and

categorization in respect of grades including incentives to be offered to them. When the union

requested to implement the said settlement vide letter dated 23-09-2013, the respondent started

terminating and transferring workmen. The respondent stopped abiding by the settlement. The

management even requested to categorize the workers as per the settlement. The members of the

union, particularly the office bearers who had raised their voice against the unlawful acts of the

respondent were terminated and transferred.

4.

Despite repeated requests when the respondent failed to respond the union had to issue

a notice for strike. Resultantly the management preferred to talk with the union and asked it to defer

the strike till Dusshera. Despite making a bid for conciliation nothing fruitful happened and

eventually the union served a notice dated 7-12-2013 expressing their desire to strike work.

5.

It is further the case of the union that since the respondent did not respect the

settlement even during the course of conciliation. It is also their case that the Labour Commissioner

made a pre-mature reference for adjudication rather them ordering implementation of the settlement

which had already been arrived inter-se the parties, three years back. The strike was prohibited,

however, no action was initiated for implementing the settlement. Rather, the respondent was given

free hand to victimize the workmen. The workers were transferred to different States, which is

stated to be against the Certified Standing Orders of the company itself.

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6.

It is also the contention of the petitioner union that the order of reference was pre-

mature and the prohibition of strike by the union was also illegal. Moreover, the entire "industrial

dispute" has not been referred to this Court. It is prayed that the strike be declared legal and

justified in view of the notice dated 23-9-2013.

7.

The petitioner union prays that the illegal transfer orders of S/Shri Tarsem Lal, Dinesh

Kumar and Sohan Singh may be set aside and quashed and their termination dated 26-2-2014 be

also quashed and set aside and they be reinstated in service along-with full back-wages. It is also

prayed that the strike resorted by the union w.e.f. 8-12-2013 for implementation of the settlement

dated 19-4-2011 be declared Begal and justified and the wages of the period the workmen were on

the strike be awarded to the workmen.

8.

While contesting the claim the respondents have inter-alia raised preliminary

objections vis-a-vis concealment of material facts, resjudicata and the petitioner being estopped in

law from raising the dispute.

9.

It is also the contention of the respondent that the services of the workmen has still not

been terminated and one of them namely Dinesh Kumar is absenting from duties as such they are

estopped from raising such plea. It is further the contention of the respondent management that the

worker union had preferred CWP No. 930 of 2014 before the Hon'ble High Court of H.P. which

stands withdrawn unconditionally by apprising the Court that they have amicably settled the

dispute outside the Court.

10. On merits, the factum of transfer is not disputed. As per the respondent the terms and

conditions reflected in the appointment letter clearly shows that the management could transfer

the workmen to any other unit/division/department or its associate companies, in any part of the

country. As per the respondent even the Certified Standing Orders (Clause-15) also provides that a

workmen can be transferred to any other unit.

11. As per the respondent Dinesh Kumar was transferred in exigency of service to

Lucknow. However, he refused to receive the transfer letter, consequently the same was sent on his

permanent address. Despite repeated opportunities he failed to join the duties and as a sequel he

was chargesheeted on 12-11-2013. He had been asked to file the reply, but on the contrary, he had

filed a complaint before the Labour Officer. One Shri Aseem Sharma was appointed as an

independent enquiry officer. After the completion of enquiry the enquiry report had also been sent

on his permanent address and considering the same and the past conduct of the workman he was

terminated vide letter dated 6-4-2014 and a sum of `6,856/- was also sent to him on his permanent

address.

12. It is further the case of the respondent that during this period a settlement was arrived

between the management and the workers and consequently Dinesh Kumar had been retransferred

to the nearest place i.e. Kuruksehtra in Haryana. He however requested for cancelation of his

transfer and expressed his inability to rejoin at Kuruksehtra too. Despite letters dated 5-8-2014,

9-9-2014 and 25-9-2014, he failed to join at Kuruksehtra. The services of the said Dinesh Kumar

have not been terminated but he was absenting from his duties without any intimation.

13. It is further admitted that the settlement dated 19-4-2011 was arrived inter se the

parties but it is denied that the said settlement was not being implemented. It is on the conrary

averred that the petitioner union has unconditionally withdrawn the CWP No. 930 of 2014 pending

before the Hon'ble High Court by apprising the Court that they have amicably settled the dispute

outside the Court.

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14. It is thus prayed that the claim be dismised being devoid of any merits.

15. While filing rejoinder, the petitioner controverted the averments in the reply filed by

respondent and further reiterated those in the statement of claim.

16. I notice that on 9-11-2016, the following issues came to be framed by my Learned

Predecessor:

1.

Whether transfer of the six workers from respondent company is illegal and unjustified

as alleged?

. .OPP.

2.

If issue No.1 is proved in affirmative, to what relief and other serive benefits the

concerned workers are entitled to?

. .OPP.

3.

Whether resorting to strike by the workers of respondent company w.e.f. 8-12-2013 on

account of opposing the transfer orders of six workmen and against the termination of

other six workers by the respondent is illegal and unjustified as alleged?

. .OPP.

4.

Whether the claim petition is hit by the principle of resjudicata, as alleged? . .OPR.

5.

Whether the petitioner union is estopped on account of its own acts, deed and conduct

to raise the issue in the present petition?

. .OPR.

6.

Relief.

17. Having considered the pleadings, evidence and other attendant material placed on

record, my findings on the issued framed are thus :—

Issue No. 1 :

No.

Issue No. 2 :

Not entitled to any relief

Issue No. 3 :

Issue has become redundant

Issue No. 4 :

-do-

Issue No. 5 :

Yes

Relief :

Reference is dismissed per operative part of award.

Reasons for Findings

Issues No. 1 & 2 :

18. The issue in question has been rendered otiose as the reference pertaining to the

transfers/terminations have been decided separately vide reference No. 13 of 2015, vis-a-vis

Tarsem Lal by this Tribunal on 18-4-2018 and so have the references relating to Dinesh Kumar and

Sohan Singh being reference No. 25/2016 and 36/2015 respectively, stands disposed off by this

Tribunal on 27-8-2020. The issues have thus literally become redundant as, they stands answered

by way of separate references, preferred individually by the workmen. The issues are thus disposed

off as having become redundant.

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Issues No. 1 & 2 :

19. All these issues being correlated and intermilngle are being taken up together for

decision.

20. At the very out-set it would be opposite to point out that the appropriate government

issued two notifications of the even date i.e. 9th of January, 2014 and strangely both bear the same

endorsement No. being 11-2/93 (Lab.) ID/2013/14 Baddi.

21. Which of the two references have been referred is difficult to comprehend. One of

them has been placed on record as Annexure P-4.

22. Be is as it may. In one of the reference sent to this Court, the second issue pertained to

the issue relating to the strike by workers, w.e.f. 8-12-2013, that too, on account of opposing the

transfer orders and the termination of the six workers.

23. The respondents have however, raised a preliminary objection that the petitioner union

had preferred a writ petition before the Hon'ble High Court vide CWP No. 930 of 2014 espousing

the same cause and had unconditionally withdrawn the said petition by apprising the Hon'ble High

Court that they have amicably settled the dispute outside the Court.

24. During the course of proceedings the parties were directed to place on record the copy

of the Writ Petition so moved before the Hon'ble High Court, which was placed on record on

3-11-2020. The perusal of the writ petition shows that the petitioner union had sought that the order

dated 9th of January, 2014 passed by the respondent No. 2 i.e. the Labour Commissioner may

kindly be quashed and set aside. The cause admittedly pertained to the transfer/termination of the

workmen and the prohibition of strike ordered by the Labour Commissioner. Admittedly, the said

writ petition was withdrawn on 6-5-2014 and it was stated by the Learned Counsel for the

petitioner union that the parties have amicably settled the dispute out-side the Court and the Writ

Petition was dismissed as withdrawn, that too unconditionally, as is clear from the order dated

6-5-2014 placed on record vide Ex. RW-1/H.

25. That being the factual position nothing more is required to be decided as the petitioner

union is estopped from raising the issue yet again on the same cause.

26. Even otherwise, the appropriate government itself was not clear and categoric as to

what is the dispute which is required to by decided by this Court as is amply clear from the two

self-contradictory notifications issued by the appropriate government, one being the reference and

other being Annexure P-4 on record. It is thus held that petitioner union is estopped from agitating

the dispute any further having unconditionally withdrawn the Writ Petition and that too on the

basis of some amicable settlement having already been arrived in inter se the parties. The issues

are thus decided accordingly.

Relief :

For the foregoing reasons discussed hereinabove supra, the reference is dismissed. There

shall be no orders as to costs. Let a copy of this award be sent to the appropriate government for

publication in the official gazette. File, after completion, be consigned to reocrds.

Announced in the open Court today this 20th day of January, 2021.

Sd/-

(CHIRAG BHANU SINGH),

Presiding Judge, H.P.

Industrial Tribunal-cum-

Labour Court, Shimla.

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Himachal Mazdoor Sangh V/s Srijan Bhog Company Ltd.

15-01-2021

Present:

Sh. O.P. Chauhan , Ld. Csl. for petitioner

Sh. Rahul Mahajan, Ld. Csl. for respondent along with Chander Mani Director

The Ld. Csl. for the parties submits that the dispute has been amicably settled and in

pursuance thereto a one time settlement has been effected inter-see the parties , whereby an amount

of Rs. 26,74,019/- ( Twenty Six Lacs Seventy Four Thousand and Ninteen Only) shall be paid to

the workmen as full and final settlement of their claim, in both the references No. 89 of 2018 and

reference No. 116 of 2018 . All other litigation pending inter-se the parties shall be withdraw by

them. A Separate statement of the president of the Union Sh. Suresh Kumar and the General

Secretary Sh. Ashok Kumar have been recorded in this behalf and placed on record. The details of

the amount payable to the individual workmen have also been submits by the Ld. Csl. for the

respondent, which is placed on record.

It is thus clear that the workers union and the management have buried the hatched and

resolve the dispute one and for all. As a sequel it is directed that the respondent shall make the

aforesaid payments by 20-02-2021. The amount shall tendered to the workmen before the aforesaid

date. The amount paid shall be towards the full and final settlement of claim vis-a-vis the work men

and the management and they shall have no further claim against the respondent. The parties shall

also withdraw litigations pending in other courts forthwith.

As a sequel to the aforesaid one time settlement the reference is disposed off as having

become infructious. Ordered accordingly. Be consigned to record after completion. Let, the copy of

this award be sent to appropriate government for publication.

Announced

15-01-2021

Sd/-

(CHIRAG BHANU SINGH),

Presiding Judge,

H.P. Industrial Tribunal-cum-

Labour Court, Shimla.

____________

Himachal Mazdoor Sangh V/s Srijan Bhog Company Ltd.

15.01.2021

Present:

Sh. O.P. Chauhan , Ld. Csl. for petitioner.

Sh. Rahul Mahajan, Ld. Csl. for respondent along with Chander Mani Director.

The Ld. Csl. for the parties submits that the dispute has been amicably settled and in

pursuance thereto a one time settlement has been effected inter-see the parties , whereby an amount

of Rs. 26,74,019/- ( Twenty Six Lacs Seventy Four Thousand and Ninteen Only) shall be paid to

the workmen as full and final settlement of their claim, in both the references No. 89 of 2018 and

reference No. 116 of 2018 . All other litigation pending inter-se the parties shall be withdraw by

them. A Separate statement of the president of the Union Sh. Suresh Kumar and the General

Secretary Sh. Ashok Kumar have been recorded in this behalf and placed on record. The details of

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the amount payable to the individual workmen have also been submits by the Ld. Csl. for the

respondent, which is placed on record.

It is thus clear that the workers union and the management have buried the hatched and

resolve the dispute one and for all. As a sequel it is directed that the respondent shall make the

aforesaid payments by 20-02-2021. The amount shall tendered to the workmen before the aforesaid

date. The amount paid shall be towards the full and final settlement of claim vis-a-vis the work men

and the management and they shall have no further claim against the respondent. The parties shall

also withdraw litigations pending in other courts forthwith.

As a sequel to the aforesaid one time settlement the reference is disposed off as having

become infructious. Ordered accordingly. Be consigned to record after completion. Let, the copy of

this award be sent to appropriate government for publication.

Announced

15-01-2021

Sd/-

(CHIRAG BHANU SINGH),

Presiding Judge,

H.P. Industrial Tribunal-cum-

Labour Court, Shimla.

____________

Ref. 167/2020

Sh.Yash Pal V/s M/s Unispeed Pharmaceuticals, Solan19-02-2021.

Present:

None for the petitioner.

Sh. Navjot Singh , AR for respondent.

Though the notices sent to the petitioner have been received back unserved with the report

that the address is incomplete but the representative of the respondent has placed on record a

settlement entered inter-see the parties, wherey the dispute has been resolved amicably on

07.01.2021. The copy of the settlement along with the photo copy of the receipt and the cheque

amounting of Rs. 50,000/- has also been placed on record.

Keeping in view of the settlement arrive between the parties the “ Industrial Dispute” has

ceased to exist. As a sequel the refrence is dismiss as having become infructous . Ordered

accordingly. Let, a copy of this order be sent to the appropriate government for publication in the

official gazette. Be consigned to records after completion.

Announed:

08.01.2021.

Sd/-

(CHIRAG BHANU SINGH),

Presiding Judge,

H.P. Industrial Tribunal-cum-

Labour Court, Shimla.

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Ref. 02/2019

Smt. Kira Devi V/s M/s Lotus Herbals Colours & Cosmetics , Baddi.

19.02.2021.

Present:

Sh. Prateek Kumar, Advocate for petitioner.

Sh. Rajat Sharma, Advocate for respondent.

The order dated 24.02.2020 shows that the parties have entered into a settlement and as a

sequel to the same the petitioner was paid an amount of Rs. 57,620/- as full & final settlement of

the claim. The Learnd counsel for the respondent had stated at the bar and also placed on record the

purported settlement entered interse he parties.

Learned counsel for the petitioner submits that the parties have indeed settled the claim and

the petitioner has received the aforesaid amount. The settlement deed and receipt issued by the

petitioner also corroborates the said factum. Consequently , the reference is dismissed as having

been settled. Whereby an amout of Rs 57620/- has been paid to the petitioner as full & final

settlement of the claim. The reference is thus dismissed as accordingly . Let copy of this order be

sent to the appropriate government for publication in the official gazette. File , after completion, be

consigned to record.

Announed:

19-02-2021.

Sd/-

(CHIRAG BHANU SINGH),

Presiding Judge,

H.P. Industrial Tribunal-cum-

Labour Court, Shimla.

____________

Ref. 1 of 2020

M/s Himachal Futuristic Ltd.

V/s

G|M. Himachal Mazeoor Sangh HPCL.

22-02-2021

Present:

Sh. J.C. Bhardwaj, AR for petitioner.

Sh. Vikas Chauhan, Ld. Csl. for respondent.

The Ld. Csl. for the petitioner , which happens to the management the particular case, has

submitted that he does not intend to press the reference any further. In his behalf even a formal

application has been filed by the petitioner management .

The perusal of the reference makes an interesting reading. Apparently the management had

sought to raise certain demands with respect to the functioning of the workers union and that to by

a purported demand charter dated 13-05-2019. How, and under what circumstances the

"appropriate governments send this reference for adjudication to this court is difficult to fathom. To

say the least it should not have been referred to this court in the first instance. Be it as it may.

However, seeing to the facts that the petitioner management itself does not intend to press the

reference , which otherwise does not maintainable, the refercne is thus ordered to be dismissed as

956

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

not beeing maintainable. The petitioner management will however be, at liberty to take appropriate

steps, as per law, if so advised. The reference is dismissed accordingly. Be sent to appropriate

government for publication in a official gazette. Be consigned to records after completion.

Announced

22-02-2021.

Sd/-

(CHIRAG BHANU SINGH),

Presiding Judge,

H.P. Industrial Tribunal-cum-

Labour Court, Shimla.

____________

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“kfDr okys O;fDr;ksa ds fy, gkfudkjd laØe.k ls lEcfU/kr uSnkfud lsokvksa dh fu%”kqYd O;oLFkk djsxhA

, vkj Vh vkS’kf/k;ka] leLr ,p vkbZ oh ikWftfVo O;fDr;ksa dks jk’Vªh; ,M~l fu;U=.k laxBu vkSj jkT;

ljdkj }kjk tkjh ekxZn”kZd fl)kUrksa ds vuqlkj leLr ljdkjh LokLF; lqfo/kkvksa esa fu%”kqYd miyC/k

djokbZ tk,xhA

4-

vksEcM~leSu dh fu;qfDr-&&¼1½ mi&funs”kd] fof/kd LokLF; ,oa ifjokj dY;k.k foHkkx

fgekpy izns”k] bl vf/kfu;e ds iz;kstuksa ds fy, vksEcM~leSu ds :i esa dk;Z djsxkA

¼2½

vksEcM~leSu dk eq[;ky; f”keyk] fgekpy izns”k esa gksxkA U;k;ihB dks vis{kkuqlkj

dfri; vof/k ds fy, /keZ”kkyk ;k fdlh vU; LFkku ij ys tk;k tk ldsXkk %

ijUrq] ;fn ,slk vuqjks/k fd;k tk,] rks jkT; ljdkj fof/kd fook/kd] tks mlds dk;Z ds nkSjku

mRiUu gks ldrs gSa ij fof/k vkSj fo/kk;h ekeys mls lgk;rk iznku djsxh %

ijUrq jkT; ljdkj vksEcM~leSu dh fu;qfDr dh rkjh[k ls rhl fnu ds Hkhrj {kerk&fuekZ.k dh

miyC/k O;oLFkk djsxhA

5-

vksEcM~leSu }kjk f'kdk;rksa dh tkap djus dh jhfr-&&¼1½ vksEcM~leSu vf/kfu;e ds v/khu

dh xbZ f”kdk;rksa ij tkap djrs gq, fu’i{k vkSj LorU= jhfr ls dkjZokbZ djsxkA

¼2½

vksEcM~leSu] bl vf/kfu;e ds v/khu f”kdk;rksa dh tkap djrs gq, lk{; ds fdUgha fu;eksa

}kjk vkc) ugha gksxk vkSj ,slh izfØ;k] tSlh U;k;laxr vkSj mfpr le>s] viuk ldsxkA

¼3½

vksEcM~leSu ds le{k tkapksa esa dksbZ izfrijh{kk vuqKkr ugha gksxhA

¼4½

vksEcM~leSu U;k; ds fgr esa lajf{kr O;fDr;ksa rFkk ,p0 vkbZ0 oh0 laHkkfor O;fDr;ksa vkSj

,p0 vkbZ0 oh0 vkSj ,M~l tu LokLF; ;k LokLF; ifjnku Ldheksa ds {ks=ksa esa dk;Z dj jgs O;fDr;ksa lfgr

fo”ks’kKksa dh lgk;rk ys ldsxkA

¼5½

vksEcM~leSu dks fpfdRlk&vkikr ds ekeyksa esa] i{kdkjksa dh lquokbZ fd, fcuk] varfje

vkns”k ikfjr djus dh “kfDr gksxhA

¼6½

vksEcM~leSu dks vfrØe.k ds izR;kgj.k vkSj ifj”kks/ku] ijke”kZ nsus] lkekftd lsok vkfn

lfgr vkns”k ikfjr djus dh “kfDr gksxhA

¼7½

vksEcM~leSu d`r dkjZokbZ f”kdk;rdrkZ dks lalwfpr djsxkA

¼8½

vksEcM~leSu] f”kdk;r ds i{kdkjksa dks vksEcM~leSu ds vkns”k ds fo:) muds U;kf;d

iqufoZyksdu ds vf/kdkj ds ckjs esa lwfpr djsxkA

6-

vksEcM~leSu }kjk vfHkys[k j[kus dh jhfr-&&¼1½ vksEcM~leSu] f”kdk;r izkIr djus ds Bhd

i”pkr~ HkkSfrd ;k dEI;wVjhd`r :i esa ek= ml mÌs”; ds fy, vuqjf{kr jftLVj esa mls ,d ;qfud

vuqØe f”kdk;r la[;k vkcafVr dj vfHkfyf[kr djsxkA

958

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

¼2½

f”kdk;r izkIr gksus ij] og tgka miyC/k gks] f”kdk;rdrkZ dks] ,l- ,e- ,l- ;k bZ&esy

}kjk ;qfud vuqØe f”kdk;r la[;k Hkstus ds LkkFk mls vfHkLohd`r djsxkA

¼3½

og f”kdk;r dh izkfIr dk le; vkSj d`r dkjZokbZ dks jftLVj esa vfHkfyf[kr djsxkA

¼4½

og f”kdk;rksa dk jftLVj ml jhfr] ftlls MkWVk dh xksiuh;rk lqfuf”pr jgs] esa

vuqjf{kr djsxkA

¼5½

og vf/kfu;e dh /kkjk 11 ds micU/kksa ds vuqlkj MkWVk lqj{kk mik;ksa dh vuqikyuk djsxkA

7-

vksEcM~lEkSu dks f'kdk;r djus dh jhfr-&&¼1½ dksbZ O;fDr vf/kfu;e ds micU/kksa ds vfrØe.k

ds lEcU/k esa] vfHkdfFkr vfrØe.k gksus ds rhu ekl ds Hkhrj vksEcM~lEkSu dks f”kdk;r dj ldsxk %

ijUrq vksEcM~leSu] ;fn mldk lek/kku gks tkrk gS fd f”kdk;rdRkkZ dks ifjfLFfr;ksa us fu/kkZfjr

le; esa f”kdk;r djus ls jksdk Fkk tks og dkj.kksa dks fyf[kr esa vfHkfyf[kr djrs gq, rhu ekl dh vkSj

vof/k ds fy, f”kdk;r djus dh le;&lhek dks c<+k ldsxkA

¼2½

leLr f”kdk;rsa bu fu;eksa ds lkFk layXu ifjf”k’V esa iznf”kZr izk:i esa vksEcM~leSu dks]

fyf[kr :i esa dh tk,xh %

ijUrq tgka f”kdk;rdrkZ fyf[kr :i esa f”kdk;r ugha dj ldrk gS] ogka vksEcM~leSu] f”kdk;r

dks fyf[kr :i esa nsus ds fy, f”kdk;rdrkZ dks lHkh izdkj dh ;qfDr;qDr lgk;rk iznku djsxkA

¼3½

fpfdRlk&vkikrdky ds ekeyksa esa] vksEcM~leSu ;k mldk lgk;d] f”kdk;rdrkZ ds

vfHkdfFkr vfrØe.k ds voLFkku ij ;k f”kdk;r ds fyf[kr izys[ku dks leFkZ cukus ds fy, fdlh vU;

lqfo/kktud LFkku ij tk ldsXkkA

¼4½

vksEcM~leSu O;fDrxr :i esa] Mkd ds ek/;e ls] nwjHkk’k }kjk] ;k vksEcM~leSu dh

oSclkbV ds ek/;e ls bySDVªkWfud :i esa f”kdk;rsa izkIr dj ldsxk %

ijUrq jkT; ljdkj] vksEcM~leSu dh fu;qfDr ds lkr fnu ds Hkhrj vksEcM~leSu dh oSclkbV

LFkkfir djsxhA

¼5½

vksEcM~leSu dh fu;qfDr ds rhl fnu ds Hkhrj] fof”k’Vr;k lajf{kr O;fDr;ksa] LokLF;

ns[kHkky deZdkjksa] fof/kd lgk;rk lsok izkf/kdkfj;ksa] vkSj flfoYk izkf/kdkfj;ksa dh tkudkjh gsrq jkT;

ljdkj ds v/khu leqfpr izkf/kdkjh] vksEcM~leSu ds dk;kZy;] ftlds varxZr vksEcM~leSu dh vf/kdkfjrk]

Hkwfedk] dk;Zdj.k vkSj izfØ;k,a vkSj ,slh jhfr ftlesa vksEcM~lEkSu dks f”kdk;rsa dh tk ldsaXkh ds lEcU/k

esa lwpuk izlkfjr djsxhA

8-

Nneuke fjdkMZ djus vkSj fof/kd dk;Zokfg;ksa esa igpku fNikus dh O;oLFkk djus dh

jhfr-&&¼1½ fdlh fof/kd dk;Zokgh esa] tgka U;k;ky;] vf/kfu;e dh mi&/kkjk ¼1½ ds [kaM ¼d½ ds vuqlj.k

esa] lajf{kr O;fDr ;k fdlh vU; O;fDr }kjk fd, x, vkosnu ij funsZ”k nsrk gS fd U;k; ds fgr esa

dk;Zokgh ;k mlds fdlh Hkkx dks ,sls lajf{kr O;fDr dh igpku dks fNikdj lapkfyr dh tk,] ogka

U;k;ky; dk jftLVªkj blesa “kkfey lHkh i{kdkjksa dks]&&

(i)

U;k;ky; ds le{k lEc) i{kdkjksa ds iwjs uke] igpku vkSj igpku&C;kSjs ftls j[kus okys

nLrkostksa dh ,d izfr Qkby djus] ftls ,d lhycan doj vkSj jftLVªkj ds ikl lqjf{kr

vfHk{kk esa j[kk tk,xk( vkSj

(ii) lECk) i{kdkjksa ds iwjs uke] igpku vkSj igpku&C;kSjs okys nLrkostksa dh ,d izfr

dk;Zokgh esa vU; i{kdkjksa ij ;g lqfuf”pr fd, tkus dh vis{kk ls fd lEc) i{kdkjksa ds

iwjs uke vkSj igpku xksiuh; j[kh tk,] rkehy djus dk funZs”k nsxkA

959

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

¼2½

jftLVªkj] U;k;ky; ds le{k nk;j nLrkostksa esa fof/kd dk;Zokfg;ksa esa “kkfey O;fDr;ksa dks

lqjf{kr j[kus ds fy, Nneukeksa dh jhfr esa O;oLFkk djsxk fd fof/kd dk;Zokgh esa lafyIr lajf{kr O;fDr

dh igpku vkSj igpku&C;kSjs xksiuh; j[ks tk,aA

¼3½

jftLVªkj] ;fn U;k;ky; }kjk ,slk visf{kr gks rks] U;k;ky; ds le{k lquokbZ ds fy,

lwphc) fof/kd dk;Zokgh dh izFke rkjh[k dks lhYM doj fd, x, nLrkostksa dks U;k;ky; ds le{k

j[ksxkA

¼4½

fof/kd dk;Zokgh] ftlds varXkZr U;k;ky; cksMZ ij ekeyk lwphc) fd;k tkuk] varfje

vkns”k vkSj vafre fu.kZ; gSa] ds laca/k esa U;k;ky; }kjk cuk, x, leLr izys[ku esa fof/kd dk;Zokgh esa

lafyIr lajf{kr O;fDr dh igpku vkSj muds igpku&C;kSjs Nneuke ls iznf”kZr fd, tk,axsA

¼5½

fof/kd dk;Zokgh esa lafyIr lajf{kr O;fDr dh igpku vkSj igpku&C;kSjs ftlesa lgk;d

vkSj deZpkfjo`an lfgr fdlh Hkh O;fDr ;k muds izfrfuf/k;ksa }kjk izdV ugha fd, tk,axs %

ijUrq tgka U;k; ds fgr esa] lajf{kr O;fDr dk uke vkSj igpku fdlh r`rh; i{kdkj dks izdV

djus dh vko”;drk gS] rks ,slk mls dsoy U;k;ky; ds vkns”k }kjk gh vuqKkr fd;k tk,xkA

¼6½

mi;qZDr fof/kd dk;Zokfg;ksa dh ckcr fdlh ekeys esa bySDVªkWfud ;k fdlh vU; :Ik esa

eqnz.k ;k izdk”ku dsoy rHkh fof/kiw.kZ gksXkk ;fn fof/kd dk;Zokfg;ksa esa i{kdkjksa dh igpku fNikus dks

lqfuf”pr djrs gq, ,slk fd;k x;k gSA

¼7½

vf/kfu;e ds v/khu] fdlh U;k;ky; ds le{k fdlh Hkh fof/kd dk;Zokgh esa U;k;ky;]

vf/kfu;e dh /kkjk 11 ds vuqlkj MkVk&lqj{kk mik;ksa dh vuqikyuk djsxkA

ifjf'k"V [fu;e 7¼2½ ns[ksa]

vksEcM~leSu dks f'kdk;r djus ds fy, izk:i

1-

?kVuk dh rkjh[k-------------------------------------------------------------------------------------

2-

?kVuk dk LFkku----------------------------------------------------------------------------------------

3-

?kVuk dk fooj.k-------------------------------------------------------------------------------------

4-

?kVuk ds fy, mRrjnk;h O;fDr@laLFkku-----------------------------------------------------------------------------------------------

f”kdk;rdrkZ ds gLrk{kj@vaxwBk fu”kku*

uke %

rkjh[k %

eksckby ua0 ;k bZ&esy@QSDl@irk %

dsoy dk;kZy; mi;ksx gsrq %

fof”k’V f”kdk;r la[;k %

*tgka f”kdk;r nwjHkk’k }kjk izkIr gksrh gS vkSj vksEcM~leSu }kjk fyf[kr esa ifjofrZr dj nh tkrh gS] ogka

vksEcM~leSu izk:Ik esa gLrk{kj djsxkA

vkns”k }kjk]

gLrk{kfjr@&

¼vferkHk voLFkh½]

lfpo ¼LokLF;½A

960

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

[Authoritative English Text of this Department Notification No. Health–A-A(9)6/2019

dated 07-06-2021 as required under clause (3) of Article 348 of the Constitution of India].

HEALTH AND FAMILY WELFARE DEPARTMENT

NOTIFICATION

Shimla-2, 07th June, 2021

No. Health-A-A(9)6/2019.—In exercise of the powers conferred by Section 49 read with

Sections 23, 24, 25 and 34 of the Human immunodeficiency Virus and Acquired Immune

Deficiency Syndrome (Prevention and Control) Act, 2017 (Central Act No. 16 of 2017) and all

other powers enabling him in this behalf, the Governor, Himachal Pradesh is pleased to make the

following Himachal Pradesh Human immunodeficiency Virus and Acquired Immune Deficiency

Syndrome (Ombudsman and Legal Proceedings) rules for carrying out the purpose of the said Act,

namely:—

1.

Short title, extent and commencement.—(1) These rules may be called Himachal

Pradesh Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome

(Ombudsman and Legal Proceedings) Rules, 2021.

(2)

These rules shall come into force from the date of publication in the Rajpatra

(e-Gazette), Himachal Pradesh.

2.

Definitions.—(1) In these rules, unless the context otherwise requires,—

(a)

“Act” means the Human Immunodeficiency Virus and Acquired Immune Deficiency

Syndrome (Prevention and Control) Act, 2017 (Central Act 16 of 2017);

(b)

“Appropriate authority” means, unless otherwise notified, the National AIDS

Control Organization in the case of the Central Government and Himachal Pradesh

State AIDS Control Society in the case of Government of Himachal Pradesh;

(c)

“High burden districts” means the districts notified as such by the appropriate

authority from time to time;

(d)

“Ombudsman” means an Officer appointed or designated by the State Government

under section 23 of the Act; and

(e)

“State Government” means the Government of Himachal Pradesh in Department of

Health and Family Welfare; and

(2)

The words and expressions used and not defined in these rules but defined in the

Act, shall have the same meanings as assigned to them in the Act.

3.

Provision of Diagnostic Facilities of HIV/AIDS, ART and Opportunistic

Infections management.—The State Government shall provide free diagnostic services related to

HIV/AIDS and other opportunistic infections to all citizens in Government Health Facilities

(Primary Health Centres or Community Health Centres or District Hospitals or Government

Medical Colleges and Hospitals). ART drugs shall be provided free of cost at all Government

Health Facilities in accordance with the guidelines issued by National AIDS Control Organization

and State Government to all HIV positive persons.

961

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

4.

Appointment of Ombudsman.—(1) The Deputy Director, Legal Health and

Family Welfare Department Himachal Pradesh Shall act as Ombudsman for the purposes of this

Act.

(2)

The principal seat of the Ombudsman shall be at Shimla, Himachal Pradesh. The

bench may be moved to Dharamshala or any other place for certain period as per requirement:

Provided that the State Government shall provide him/her the assistance from the

Department of Legal and Legislature Affairs on legal issues that may arise in the course of his

work, if so requested:

Provided that the State Government shall provide capacity building within thirty days from

the date of appointment of the Ombudsman.

5.

Manner of inquiring into complaints by Ombudsman.—(1) The Ombudsman

shall act in an objective and independent manner when inquiring into complaints made under the

Act.

(2)

While inquiring into complaints under Act, the Ombudsman shall not be bound by

any rules of evidence and may follow such procedure as he considers just and proper.

(3)

No cross-examination shall be permitted in inquiries before the Ombudsman.

(4)

The Ombudsman may, in the interests of Justice, take the assistance of experts,

including protected persons and persons vulnerable to HIV and persons working in the fields on

HIV and AIDS, public health or health delivery systems.

(5)

The Ombudsman shall have the power to pass interim orders in cases of medical

emergency without hearing the parties.

(6)

The Ombudsman shall have the power to pass orders, including to, withdrawal and

rectification of the violation, counseling, social service etc.

(7)

The Ombudsman shall inform the complainant of the action taken.

(8)

The Ombudsman shall inform the parties to the complaint of their right to seek

judicial review from the Ombudsman’s order.

6.

Manner of maintaining records by Ombudsman.—(1) The Ombudsman

immediately on receipt of a complaint, record it by assigning a sequential unique complaint number

in a register maintained solely for that purpose in physical or computerized form.

(2)

On receipt of the complaint, he shall acknowledge it including by sending the unique

complaint number by SMS or e-mail to the complainant where available.

(3)

He shall record the time of the complaint and the action taken on the complaint in

the register.

(4)

He shall maintain the register of complaints in a manner that ensures confidentiality

of data.

(5)

He shall comply with date protection measures in accordance with the provisions of

section 11 of the Act.

962

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

7.

Manner of making complaints to Ombudsman.—(1) Any person may make a

complaint in relation to the violation of the provision of the Act to the ombudsman within three

months from the date of taking place of the alleged violation:

Provided that the Ombudsman may, for reasons to be recorded in writing, extend the time

limit to make the complaint by a further period of three months, if he is satisfied that circumstances

prevented the complainant from making the complaint within the stipulated period.

(2)

All complaints shall be made to the Ombudsman in writing in accordance with the

form set out in the Appendix appended to these rules:

Provided that where a complainant cannot make a complaint in writing, the Ombudsman

shall render all reasonable assistance to the complainant to reduce the complaint in writing.

(3)

In cases of medical emergency, the Ombudsman or his assistant may visit the

complainant at the location of the alleged violation or any other convenient place to enable written

documentation of the complaint.

(4)

The Ombudsman may receive complaints made in person, via post, telephonically,

or through electronic form through the Ombudsman’s website :

Provided that the State Government, within seven days of the appointment of the

Ombudsman shall establish a website of the Ombudsman.

(5)

To advance the understanding, in particular, of protected persons, healthcare

workers, legal aid service authorities and civil authorities, with in thirty days of the appointment of

the Ombudsman, the appropriate authority under the State Government shall disseminate

information about the office of the Ombudsman, including the Ombudsman’s jurisdiction, role,

functioning and procedures, and the manner in which complaints can be made to the Ombudsman.

8.

Manner of recording pseudonym and providing suppression of identity in legal

proceedings.—(1) In any legal proceeding where a court, pursuant to clause (a) of sub-section (1)

of the Act directs, on an application made by a protected person or any other person, that in the

interests of justice the proceeding or any part thereof be conducted by suppressing the identity of

such protected person, the Registrar of the court shall direct all parties involved to:—

(i)

file one copy of the documents bearing the full name, identity and identifying details

of the parties concerned before the court, which shall be kept in a sealed cover and

in safe custody with the Registrar; and

(ii)

Serve one copy of documents bearing the full name, identity and identifying details

of the parties concerned upon other parties in the proceeding with a requirement to

ensure that the full name and identity of the parties concerned are kept confidential.

(2)

The Registrar shall provide pseudonyms to protect the persons involved in the legal

proceedings in the documents filed before the court in such manner that the identity and identifying

details of the protected person involved in the legal proceeding are kept confidential.

(3)

The Registrar shall place the sealed covered documents before the court on the first

date the legal proceeding is listed for hearing before the court, if so required by the court.

963

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

(4)

The identities of the protected person involved in the legal proceeding and their

identifying details shall be displayed in pseudonym in all documentation generated by the court in

relation to the legal proceeding, including listing of the case on the court Board, interim orders and

final judgments.

(5)

The identity and identifying details of the protected person involved in the legal

proceeding shall not be revealed by any person or their representatives including assistants and

staff :

Provided that where in the interest of justice, the name and identity of the protected person

needs to be revealed to a third party, it shall only be allowed by an order of the court.

(6)

Printing or publishing any matter in relation to the aforementioned legal proceedings

in electronic or any other form, shall be lawful only if the same is done by ensuring the suppression

of identities of the parties in the legal proceedings.

(7)

In any legal proceeding before any court under the Act, the court shall comply with

data protection measures in accordance with section 11 of the Act.

Appendix [See rule 7(2)]

Form for making Complaint to Ombudsman

1.

Date of Incident..............................................................

2.

Place of Incident.............................................................

3.

Description of Incident...................................................

4.

Person/Institution responsible for the Incident..............................................................

Signature/Thumb impression of Complainant*

Name :

Date :

Mobile No./e-mail/Fax/Address :

For Official use only :

Unique Complaint Number :

*Where the complaint is received telephonically and reduced to writing by the Ombudsman, the

Ombudsman shall sign the Form.

By order,

Sd/-

(AMITABH AVASTHI),

Secretary (Health).

964

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2, the 8th June, 2021

No. TPT-C(9)-8/2002.—The Governor, Himachal Pradesh in exercise of the powers

conferred by sub-section (6) of Section 41 of the Motor Vehicles Act, 1988 (No. 59 of 1988) and

all other powers enabling him in this behalf is pleased to allot/release registration marks/number

from Serial No. 0001 to 9999 under the Registration mark HP 98 to Registering and Licensing

Authority, Kasauli, District Solan, Himachal Pradesh for registration of motor vehicles with effect

from the publication of this notification in the H.P. Rajpatra (Extra Ordinary) in the public interest.

By order,

Sd/-

(RAM SUBHAG SINGH),

Additional Chief Secretary (Transport).

___________

TRANSPORT DEPARTMENT

NOTIFICATION

Shimla-2, the 8th June, 2021

No. TPT-C(9)-6/2003.—The Governor, Himachal Pradesh in exercise of the powers

conferred by sub-section (6) of Section 41 of the Motor Vehicles Act, 1988 (No. 59 of 1988) and

all other powers enabling him in this behalf is pleased to allot/release registration marks/number

from Serial No. 0001 to 9999 under the Registration mark HP 47-B to Registering and Licensing

Authority, Dalhousie, District Chamba, Himachal Pradesh for registration of motor vehicles with

effect from the publication of this notification in the H.P. Rajpatra (Extra Ordinary) in the public

interest.

By order,

Sd/-

(RAM SUBHAG SINGH),

Additional Chief Secretary (Transport).

___________

fof/k foHkkx

vf/klwpuk

f'keyk&2] 10 twu] 2021

la[;k ,y0,y0vkj0&bZ¼9½&18@2018&yst-&&D;kasafd Jh csyh jke] vf/koDrk dks bl foHkkx dh

vf/klwpuk la[;k0 ,y0,y0vkj0&bZ0¼9½&14@96&yst] rkjh[k 09&03&1999 }kjk mi&e.My dqYyw]

ftyj dqYyw ds fy, uksVjh ds :i esa fu;qDr fd;k x;k Fkk vkSj mudk uke uksVjh ds jftLVj esa Øe

la[;k 91 ij izfo"V fd;k x;k Fkk(

965

jkti=] fgekpy izns'k] 14 twu] 2021@24 T;s"B] 1943

vkSj D;kasfd iz/kku] ckj ,lksfl,'ku dqYyw] ftyk dqYyw us i= fnukad 04&05&2021 }kjk lwfpr

fd;k gS fd Jh csyh jke] uksVjh dqYyw] ftyk dqYyw dk nsgkUr gks pqdk gS(

vr% fgekpy izns'k ds jkT;iky] uksVjh vf/kfu;e] 1952 dh /kkjk 10 ds lkFk ifBr uksVjh fu;e]

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[Authoritative English text of this Department Notification No. LLR-E(9)18/2018 Leg. Dated

10-06-2021 as required under Article 348 (3) of the Constitution of India].

LAW DEPARTMENT

NOTIFICATION

Shimla-2, the 10th June, 2021

No. LLR-E(9)- 18/2018-Leg.—WHEREAS Shri Beli Ram, Advocate was appointed as

notary vide Government Notification No. LLR-E(9)-14/96-Leg. dated 09-03-1999 and authorised

to practice as such within the territorial limits of Sub-Division Kullu of District Kullu and his

name was entered at serial No. 91 in the Register of Notaries;

AND WHEREAS, President Bar Association Kullu, District Kullu has intimated vide letter

dated 04-05-2021 that Shri Beli Ram, notary of Kullu of District Kullu has died.

NOW, therefore, the Governor, Himachal Pradesh, in exercise of the powers conferred by

Section 10 of the Notaries Act, 1952 read with rule 13(13) of the Notaries Rules, 1956, order the

removal of the name of Shri Beli Ram, notary of Sub-Division Kullu of District Kullu from the

Register of notaries with immediate effect.

By order,

Sd/-

(YASHWANT SINGH CHOGAL),

LR-cum- Pr. Secretary (Law).

____________

ANIMAL HUSBANDRY DEPARTMENT

NOTIFICATION

Shimla-2, the 03rd June, 2021

File No. AHY-B(8)-2/2010-L.—In supersession of all previous notifications issued in

this regard, the Governor, Himachal Pradesh, is pleased to notify PG/PhD Policy for regulating

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admissions to various Post Graduation and PhD. courses in Veterinary Education applicable in

the State of Himachal Pradesh as under:

1.

Short Title.—This policy may be called the ‘Policy for regulating admissions to

various Post Graduation and PhD courses in Veterinary Education applicable in the State of

Himachal Pradesh’ in short ‘PG/PhD Policy’.

2.

Commencement.—This policy shall come to effect from the date of its notification.

3.

Definition.—Notwithstanding anything to the Contrary :

3.1 DAH shall the Director, Animal Husbandry, Himachal Pradesh.

3.2 PG shall mean Post Graduate Degree in any specialized subject and PhD shall mean

Doctorate degree in any specialised subject or any other allied Diploma being

pursued by the applicant.

3.3 ‘Field posting’ shall mean the posting in various peripheral Animal Husbandry

Institutions of the State including Vety. Hospitals, Zonal Vety. Hospitals, Polyclinic,

Sub-Divisional Vety. Hospital, Central Vety. Dispensary, Veterinary Check Posts,

Disease Investigation Labs, Sperm Stations, Breeding Centres, ETT labs, Ram

Centre, Jersey Farm, Buffalo Farm, Horse Farm, Rabbit Farm and other allied

institutions of the State Government like Wild Life of Forest & MC Shimla etc.

Including tribal areas of postings.

3.4 ‘Government’ shall mean the Government of Himachal Pradesh.

3.5 ‘Veterinary Services’ shall mean the Veterinary Doctors under the establishment of

DAH working as such in the State of HP.

3.6 NOC shall mean the No Objection Certificate issued by the Government

Himachal Pradesh on the recommendations of the Director, Animal Husbandry,

Himachal Pradesh to pursue Post Graduation and PhD course as may be applicable or

any other Diploma which may be declared as beneficial to render Veterinary

Services in the State by the concerned Veterinarian.

3.7 ‘DD’ shall mean Deputy Director, Animal Husbandry, posted at District

Headquarters.

4.

Veterinary and Animal Husbandry Services Encadrement.—The cadre of VAS

(Veterinary and Animal Husbandry Services) shall consist of all the Veterinarians from regular

Veterinary Officers to that of Deputy Director.

5.

Issuance of NOCs:—

5.1 NOC for pursuing Post Graduation/PhD :

NOC shall be issued only to Veterinary Doctors (herein after referred to as vets) desirous

of pursuing Post Graduation who should be regular and should have five years of

uninterrupted continuous services without any break or unauthorized absence. His/her

service record to this effect should have been verified by the concerned Deputy Director,

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Animal Husbandry, as per maintained service record. Such verification shall be

obtained by the concerned DAH from the DD of concerned District before making

application to the DAH for NOC for appearing in examination.

5.2 Such candidates who have been granted NOC for appearing in the entrance

examination in any institute(s) subject to conditions as laid down in 5.1 and are

subsequently selected in the institutions shall apply to the DAH for relieving along with

the result card. The DAH shall then complete all the formalities and seek permission of

Government of Himachal Pradesh and after receipt of approval from Government, DAH

shall relieve the candidate only after furnishing of bond documents.

6.

Terms and conditions of Bond for Post Graduation/PhD:

6.1 As the Government incurs substantive expenditure on each candidate for doing

Post Graduation/PhD/Diploma Course and also pays them pay and allowances and

seniority during the course (as per the leave approved) every Veterinarian Doctor (regular

only) who have been allowed to pursue Post Graduation/PhD shall have to furnish a

bond to serve the State for at least five years service in case of PG Course and atleast eight

years after completion of PhD and like courses after completion.

6.2 All the candidates as per clause 6.1 shall furnish a bond in the form of a legal

undertaking to serve the State for prescribed period failing which the candidate shall

have to pay the amount of Rs. 40 lakh for PG and Rs. 60 lakh for PhD to the State

Government. The candidate shall also furnish an undated cheque from a scheduled bank

amounting to Rs. 40 lakh for PG and Rs. 60 lakh for PhD in the name of DAH. The DAH

shall be at liberty to get the cheque encashed in the event of violation of the bond

conditions.

6.2.1 In case the Vet. who has completed the PG/PhD/others resigns from the services,

will have to pay the Bond money to the State Government alongwith interest.

6.3 The candidates as per clause 6.1 shall also deposit their original bachelor degree

with the DAH. The concerned issuing University/Institution shall be informed about

such retention and the candidate shall be debarred from obtaining any duplicate degree.

The original bachelor degree shall be released only after completion of the Bond Period

or after deposition of the requisite amount and this shall be a part of the bond agreement.

6.4 The candidates shall also furnish undertaking as a part of bond that they shall

complete the course prescribed failing which they shall be liable to pay additional amount

to the tune of Rs. 40 lakh for PG and Rs. 60 lakh for PhD to the State Government for

wastage of time and money.

6.5 The prescribed format of the bond shall be as per Annexure A.

6.6 It shall be the sole responsibility of DAH/DD to ensure the furnishing of such

documents from each candidate to ensure collection of these documents at the time of

recommendations of a candidate to any of the course mentioned in para 5 above. Any

dereliction of duty in this regard shall make the concerned liable for action.

6.7 The custodian of these three documents –Bond as legal undertaking, undated

cheque and the original Bachelor’s degree shall be DAH/DD.

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6.8 In no case, NOC will be granted for any candidate having reached the age more than

50 years for PG and 48 years for pursuing PhD degree.

6.9 The following shall constitute a violation of the bond to serve the state as outlined

in Clause 6.1

6.9.1 Failure to join the given field posting within 10 days of issuance of orders.

6.9.2 Putting in request for EOL/Study leave/request for NOC during the mandatory

period of service of the State after obtaining the first degree.

6.10 In the event of a candidate violating the terms of bond, the following actions shall

be initiated by the DAH:—

6.10.1 The salary paid to the candidate during sponsorship shall be recovered through due

process of law.

6.10.2 The bond amount shall be recovered through due process of law. The cheque

submitted by the candidate as a part of bond documents shall be encashed.

6.10.3 Initiation of disciplinary proceedings against the concerned veterinarian.

6.10.4 The original bachelor degree shall not be returned and endorsement shall be made

to the concerned University thereof.

6.10.5 Cancellation of registration from the State Veterinary Council.

6.10.6 Those candidates in whose case the Government fails to issue any orders for

field postings within a month of their clearing the concerned Exams, the DAH/DD

would be answerable to the Government for this lapse.

7.

Remuneration during the mandatory field posting:

7.1 The regular Veterinarian shall continue to draw the emoluments and pay admissible

to him/her with due allowances and increments during the period of mandatory field

posting.

8.

Terms for leaving Post Graduation course midway:

8.1 If the Veterinarians who, leaves the Post Graduation/PhD/PG course midway,

he/she shall be debarred to re-appear in any entrance examination for the next five

years. The period of five years for the purpose of de-barring shall be reckoned from

the date of leaving the course midway.

8.2 In addition to this, for those Vets who leave post graduation course mid way, the

period spent on leave will be treated as leave of kind due. If there is no sufficient leave

of kind due in his credit that period may be treated as EOL and the payment

made to the person for this period shall be recovered from the candidates. In addition

to this, the Vets shall have to pay Rs. 40 lakh for PG and Rs. 60 lakh for PhD in

the event of leaving the course midway as per terms of the bond.

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8.3 In case of direct candidates who leave the course midway, they shall have to pay

Rs. 40 lakh for PG and Rs. 60 lakh for PhD to the State Government as per the terms

of the bond. Information in respect of such cases shall be sent to the DAH by the

concerned DD with bond and other documents.

9.

NOC and Sponsorship for pursuing Super Speciality courses:

9.1 There shall be no annual capping on the number of candidates for pursuing higher

studies. However, it is the responsibility of DAH and DD to recommend only such

number of candidates for issuance of NOC so as to the work of concerned area/distt.

may not suffer.

9.2 Any Vet. who is not fulfilling the condition of minimum required service shall

have to resign and complete the obligation of the bond and if he/she joins any course

without getting NOC from the Government or without submitting his/her

resignation, disciplinary proceedings shall be initiated besides writing to the

concerned Head of Institute for cancellation of the admission.

9.3 The general conditions including violation and procedure to be adopted shall be

same as outlined in Clause 6, unless otherwise prescribed in this clause.

10.

Miscellaneous:

10.1 The State Government reserves the right to alter/amend any provision in the

PG/PhD Policy at any time/from time to time.

By order,

Sd/-

Additional Chief Secretary (AH).

____________

ANNEXURE-A

AGREEMENT BOND

THIS DEED OF BOND IS EXECUTED AT__________________________ ON THIS

DAY OF _______________ BETWEEN CANDIDATE (hereinafter to be referred as first party)

AND GOVERNOR, STATE OF HIMACHAL PRADESH through____________ (hereinafter to

be referred as SECOND PARTY)

The details of the FIRST PARTY are as under:

NAME: ___________________________

s/o, d/o, w/o: _____________________

RESIDING AT (PERMANENT ADDRESS):

____________________________________

____________________________________

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(TEMPORARY ADDRESS):

____________________________________

____________________________________

LAND LINE PHONE NO: ______________

MOBILE NO: ________________________

E-mail address: _______________________

AADHAR NO.: ______________________

WHEREAS the FIRST PARTY had applied for admission to___________________

course and the FIRST PARTY has been selected in the said course.

WHEREAS the FIRST PARTY is agreed to complete the duration of the______________

course and on such failure of not completing the prescribed duration of the course

of________________ years, the FIRST PARTY shall forthwith pay a sum of Rs. ______________.

WHEREAS the FIRST PARTY is agreed to serve the Government of H.P. for a period not less

than_______________________ years after successful completion of the course and on such failure

of not completing the_________________ full Bond period of_________________ years, the

FIRST PARTY shall forthwith pay a sum of Rs. _____________________.

WHEREAS, the FIRST PARTY shall be paid the stipend/full pay admissible with entitled

allowances during the duration of the_______________ course by the SECOND PARTY and

the FIRST PARTY shall be treated as on duty for all practical purposes.

AND WHEREAS, the FIRST PARTY has agreed to execute the bond with 2 sureties/guarantors

(out of which one is guardian of the FIRST PARTY and the Second guarantor is an Income Tax

assessee) to stand guarantee for the above said amount of Rs. _________________________.

NOW THE DEED OF INDEMNITY BOND WITNESSES AS FOLLOWS:

1.

The FIRST PARTY appreciates that the stipend/full pay alongwith allowances payable

to the first party belongs to the public exchequer and that the first party is

morally and ethically bound to serve the poor and needy people of the State after the

completion of the course for which the First Party has been sponsored. The first

party agrees that in the event of non-completion of full bond period, the first party

shall be liable to be sued in the competent Court of Law for recovery of full Bond

money alongwith penal interest.

2.

The first party has agreed to complete the prescribed duration of the course

of___________ years. The FIRST PARTY also agrees that in the event of default the

first party shall pay forthwith a sum of Rs._____________ along with interest @

18% per annum and the salary drawn to the SECOND PARTY.

3.

The first party has agreed to serve the State of Himachal Pradesh for a period

of___________ years after the successful completion of said course. The FIRST

971

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PARTY also agrees that in the event of default the first party shall pay forthwith

a sum of Rs._____________ along with interest @ 18% per annum and the salary

drawn to the SECOND PARTY. The First Party agrees to submit an undated

cheque of the said amount at the time of signing of this bond.

4.

For the aforesaid amount of Rs. _________________, the first party has brought

two sureties/guarantors and it has agreed that the same shall stand alive till

successful completion of the BOND period. OR in the event of such default till

payment of Rs._______________ to the SECOND PARTY.

5.

The first party agrees that till the successful completion of the period

of_______________ years service with the Government of Himachal Pradesh or till

the payment of Rs. _______________ including fulfillment of any other obligation as

may be prescribed by this bond, the certificates relating to Bachelor Degree of the

first party shall be in the custody of the SECOND PARTY and the first party shall

not

make

any

attempt

to

obtain

duplicate

degree

from

the

issuing

University/Institute, and if it makes any application to such effect, it would amount to

fraud with the second party.

6.

The first party agrees to abide by the PG policy notified by the SECOND PARTY in

letter and spirit and the provisions mentioned therein shall be applicable to the FIRST

PARTY in to-to.

AND to ensure the discharge of obligations by the FIRST PARTY as prescribed by this bond,

1. _______________________________________________(guardian of the FIRST PARTY) and

2. ___________________________ (an income tax assessee), have agreed to act as

sureties/guarantors and execute the

bond as per conditions prescribed herein. The

sureties/guarantors aforesaid making such payment, the above written bond shall be void and be

of no effect, otherwise it shall remain in force and virtue:

PROVIDED always that the liability of the sureties/guarantors hereunder shall not be impaired

or discharged by reasonable time being granted or by any forbearance, act or omission of the

Government or any person authorized by them (Whether with or without the consent knowledge

of the sureties) nor shall it be necessary for the Government to sue the First Party before suing the

sureties or any of them for amount due hereunder.

ACCEPTED

For and on behalf of any of the order and direction of the Government of Himachal Pradesh

Signed and Dated at__________________on this the_____________________________day of

Signed and delivered by the FIRST PARTY ______________________________.

Signature of the Candidate____________________

Surety/Guarantor 1

Signature__________________

Name: ____________________________________

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Address: ___________________________________

___________________________________________

___________________________________________

PAN No.___________________________________

Aadhar No._________________________________

Surety/Guarantor 2

Signature___________________________________

Name: _____________________________________

Address: ___________________________________

___________________________________________

___________________________________________

PAN No.___________________________________

Aadhar No._________________________________

Date :

Place :

Principal ____________________________________ Medical College/DHS

Witnesses

Signature

First Party:

1.

___________________

___________________

___________________

___________________

2.

___________________

___________________

___________________

___________________

Second Party:

1.

___________________

___________________

___________________

___________________

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2.

___________________

___________________

___________________

___________________

PROFORMA:

1.

Name of the Candidate:_______________________

2.

Name of the Institution and place where he has worked last:_______________

3.

Designation:_____________________

4.

Name of the Course (PG/PhD/Diploma):____________________

5.

Duration of the Course:_____________________

6.

Date of joining the Course:__________________

7.

Whether Service / Non service candidate:___________________

8.

If service candidate, date of joining in-service:_______________

9.

Total service prior to joining the course:____________________

10. Permanent address:_____________________________________

DECLARATION

`I hereby declare that the above particulars are true to the best of my knowledge

and I have executed the prescribed bond. If the particulars furnished above are

incorrect, I will remit back the stipend amount paid to me with full interest thereon as

specified by the Government from to time.

Further I declare that I will not claim my original certificates till I fulfill my bond

conditions as I have executed.

Date: _______________

Place :______________

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