Powers of Competent Authority Overseeing Employment of Porter(s) Assisting Trekking Expedition

The tenth and eleventh sections of the Himachal Pradesh Climbing / Trekking Porters (Regulation of Employment) Act, 1977 discuss powers of the competent authority.

Fresh Medical Examination of Porter (s)

The competent authority may order fresh medical examination of the porter (s) assisting the climbing / trekking expedition if the porter (s): (Section 10-1)

  • Suffers from a contagious or infectious disease, (Section 10-1-a)
  • Does not already have the certificate of fitness, (Section 10-1-b) or
  • Possess the certificate of fitness. However s/he is currently unfit to play the role mentioned in the certificate. (Section 10-1-c)

The authority may notify the manager of the climbing / trekking expedition party about the need for fresh medical examination of these porters. The manager shall ensure that a qualified medical practitioner referred to by the authority does the examination.  (Section 10-1)

These unfit porters shall neither be allowed to serve as porters nor employed as porters until they obtain a new certificate of fitness.  (Section 10-1)

The new certificate of fitness issued as per the provisions of the first sub-section is the final evidence of its content. (Section 10-2)

Porter Recruitment Investigation

The competent authority may investigate the recruitment of the porters accompanying the climbing / trekking parties. If the investigation reveals that the porter recruitments did not follow the provisions of the Act, it may direct the employer to discharge the porters from their duties and send them back home. The employer shall bear the travel expenses of the porters sent home. (Section 11)

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