Can Rules Be Made for Implementing H.P. Climbing / Trekking Porters Act?

Yes. Rules can be made for implementing provisions of the Himachal Pradesh Climbing / Trekking Porters (Regulation of Employment) Act, 1977.

This article answers who, why, and how questions about these rules.

Who can make rules to implement various provisions of the Himachal Pradesh Climbing / Trekking Porters (Regulation of Employment) Act, 1977?

The State Government of Himachal Pradesh (Section 18-1)

Why are rules laid down?

The rules may be laid down to (Section 18-2)

  • Prescribe a format for the register of porters maintained by the competent authority under the Section 3. (Section 18-2-a)
  • Recommend application format for registering porters and / or renewing the certificates of registration issued as per the Section 5. The rules may prescribe fees and method of collecting the fee. (Section 18-2-b)
  • Suggest format for the certificate of registration issued as per the Section 5-4. (Section 18-2-c)
  • Prescribe format for the identity card issued as per the Section 7. (Section 18-2-d)
  • Describe general employment conditions or the type of work a porter can do. (Section 18-2-e)
  • Fix or revise wage rates for working porters as per the Section 12. (Section 18-2-f)
  • Implement any of the provisions of the Act. (Section 18-2-g)

How are the rules approved, modified, and / or annulled?

All the rules made under the Section 18 shall be laid before the Legislative Assembly at the earliest. But, the assembly shall be in session at least for 14 days covering single or multiple successive sessions. However, the rules cannot be annulled or modified by the assembly with retrospective effect which implies that the amendments / annulment shall take effect from the date of approval of the assembly. (Section 18-3)

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