The competent authority may cancel or withdraw certificate of registration of a porter under the following circumstances: (Section 8-1, Himachal Pradesh Climbing / Trekking Porters (Regulation of Employment) Act, 1977)
1. A certificate obtained in fraudulent manner (Section 8-1-i)
2. A certificate issued by mistake (Section 8-1-i)
3. If the certifying medical practitioner cancels or refuses to renew the certificate of fitness after completion of the registration of the porter. (Section 8-1-ii)
4. If the qualified medical practitioner finds a porter unfit to work at high altitude on receiving a reference from the competent authority under Section 10. (Section 8-1-iii)
5. If the District Magistrate from the expedition area considers appointment of the porter against the public interest (Section 8-1-iv)
6. If the competent authority finds porter guilty of any of the following: (Section 8-1-v)
- Misconduct
- Neglected his/her duties mentioned in the employment terms and conditions.
- Willful / intentional default in the terms and conditions of employment
For example, use of abusive language, misbehavior, or fighting with employer or the expedition members is misconduct. When porter discharges his/her duties carelessly, it amounts to negligence. Willful default means skipping the duties intentionally.
7. If the competent authority opines that the porter is (Section 8-1-v)
- not allowed to work for climbing / trekking expeditions
- unfit to work for climbing / trekking expeditions
8. If the porter requested the cancellation or withdrawal. (Section 8-1-vi)
Porter Rights
The competent authority shall notify the porter (s) about the reasons for cancellation or withdrawal of the certificate of registration fifteen days before actual cancellation / withdrawal. However, this intimation is not required if the porter requests for cancellation / withdrawal. (Section 8-1)
Porters’ Responsibility (Section 8-2)
If the competent authority cancels or withdraws the porter registration as per the Section 8-1, the porter shall surrender the following documents within the fifteen days of the cancellation/withdrawal:
- certificate of registration
- identity card
