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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
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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
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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]
1956 ds fu;e 13 ¼13½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq, Jh csyh jke] uksVjh] mi&e.My dqYyw]
ftyk dqYyw dk uke uksVjh ds jftLVj ls rqjUr gVk, tkus ds vkns'k nsrs gSaA
vkns'k }kjk]
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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,
967
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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
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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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