The Himachal Pradesh Climbing Trekking Porters (Regulation of Employment) Act, 1977

THE HIMACHAL PRADESH CLIMBING/TREKKING PORTERS 
(REGULATION OF EMPLOYMENT) ACT, 1977  
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Employment of porters for assisting climbing and trekking 
parties. 
4.  Qualifications for registration of porters. 
5.  Application for the registration of porters. 
6.  Classes of porters. 
7.  Issue of identity cards to registered porters. 
8.  Cancellation of registration. 
9.  Certificate of fitness. 
10.  Power to require medical examination. 
11.  Power to return improperly recruited porters. 
12.  Fixation or revision of rates of wages. 
13.  Medical facilities. 
14.  No. charge for facilities and conveniences. 
15.  Notice to be given of accidents. 
16.  Employer’s liability for compensation for injury. 
17.  Penalties. 
18.  Power to make rules. 
___________ 
THE HIMACHAL PRADESH CLIMBING/TREKKING PORTERS 
(REGULATION OF EMPLOYMENT) ACT, 1977  
(ACT NO. 4 OF 1978) 1 
(Received the assent of the Governor of Himachal Pr adesh on the 8 th  
February, 1978 and was published in the Rajpatra, H imachal Pradesh (Extra-
ordinary), dated  the 14 th  February, 1978, pp. 91-98). 
 
                                                 
1.   For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 31 st  December, 1977, p. 1193. For its Authoritative Hin di 
Text see the Rajpatra, Himachal Pradesh (Extra-ordi nary), dated 24 th  November, 
1993, pp. 2177-2185. 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION OF 
EMPLOYMENT) ACT, 1977 
2 
An Act to regulate the supply of porters to the cli mbing/trekking parties 
visiting Himachal Pradesh. 
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the 
Twenty-eighth Year of the Republic of India as follows:- 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Climbing/Trekking Porte rs (Regulation of 
Employment) Act, 1977. 
(2) It extends to the whole of the State of Himachal Pradesh. 
(3) It shall come into force with effect from such date as the State 
Government may, by notification 1 in the Official Gazette, appoint in this 
behalf and different dates may be appointed for different provisions of the Act 
and for different areas of the State. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a)  "competent authority" means the Director Mount aineering 
Institute Manali and includes any other officer who  may be 
appointed by the State Government to function as the competent 
authority under this Act, by notification published  in the 
Official Gazette; 
(b)  "employer" when used in relation to mountainee ring expedition, 
means the person who has ultimate control over the affairs of 
the expedition, and when the affairs of any expedit ion are 
entrusted to any person (whether called a managing agent, 
manager, superintendent or by any other name) such other 
person shall be deemed to be employer in relation t o that 
expedition; 
(c)  "Institute" means the Mountaineering Institute  Manali, Kullu 
district, Himachal Pradesh; 
(d)  "porter" means a person employed to assist the  
climbing/trekking parties visiting Himachal Pradesh  in the 
operations connected with climbing the peaks, for h ire or 
reward, whether directly or through any agency, to do any work 
skilled/unskilled or manual, but does not include a  person 
employed for assisting climbing operations primaril y in 
managerial or clerical capacity or as medical atten dant for the 
members of the mountaineering expedition; 
(e) "qualified medical practitioner" means a person  holding a 
qualification granted by an authority specified in the Schedule 
to the Indian Medical Degrees Act, 1916 (7 of 1916) , or 
                                                 
1. Provisions of the Act came into force w. e. f. 1 5 th  October, 1987 in the whole of 
Himachal Pradesh vide Notification No. YSS-G-7-3/86 , dated 13 th  October, 1987 
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated 14 th  October, 
1987, p. 2012. 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION  3 
OF EMPLOYMENT) ACT, 1977 
specified in the Schedule to the Indian Medical Cou ncil Act, 
1956 (102 of 1956); and 
(f)  "State Government" means the Government of Him achal 
Pradesh. 
3. Employment of porters for assisting climbing and  trekking 
parties.- (1) No porter, who is not registered with the Institute and certified by 
the competent authority to be fit to be employed fo r assisting the climbing 
operation shall be employed or permitted to be empl oyed as a porter to assist 
the climbing/trekking parties visiting Himachal Pradesh. 
(2) Every climbing/trekking party visiting Himachal  Pradesh shall 
inform the competent authority about its plan/progr amme for leading the 
mountaineering expedition alongwith its requirement s of porters and the 
competent authority shall recommend the suitable po rters from the register of 
porters maintained in his office for employment as porters. 
4. Qualifications for registration of porters.- No porter shall be 
eligible for registration under this Act,- 
(a)  who has not completed his 18 years age; 
(b)  who has not been granted a medical certificate  certifying that 
he is fit for being engaged in climbing operation o n high 
altitudes by a qualified medical practitioner to wh om the 
porter is referred for medical examination by the c ompetent 
authority; and 
(c)   whose presence in the area of climbing operat ions is 
considered prejudicial to the public interest by th e District 
Magistrate, within whose territorial jurisdiction s uch area of 
climbing operations lies. 
5. Application for the registration of porters.- (1) The person who 
desires to work as porter to assist the climbing/tr ekking parties visiting 
Himachal Pradesh, shall make an application to the competent authority, for 
the registration of his name in the "Register of Po rters" to be maintained by 
such authority. 
(2) Every application under sub-section (1) shall b e made in the 
prescribed form and shall be accompanied by such fees as may be prescribed. 
(3) On the receipt of the application under sub-sec tion (1) the 
competent authority shall- 
(a)  refer the applicant to a qualified medical pra ctitioner to ensure 
that the applicant is fit to work as porter at high altitudes; and 
(b)  get the antecedents of the applicant verified and ensure that the 
District Magistrate has no objection with regards t o the 
presence of the applicant in the area of climbing operations. 
(4) The competent authority if after holding such e nquiry, as it thinks 
fit, is satisfied that the applicant is fit to work as porter, shall register his name 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION OF 
EMPLOYMENT) ACT, 1977 
4 
as porter for a period of one year in the first ins tance and shall issue him the 
certificate of registration, subject to such conditions as it may deem fit: 
Provided that no application for registration under this section shall be 
rejected by the competent authority, unless the app licant has been afforded a 
reasonable opportunity of being heard and the reaso ns for rejection have been 
recorded in the orders so passed by the competent authority. 
(5) The registration certificate issued under sub-s ection (4) shall be 
valid for one year and thereafter it shall be renew ed by the competent 
authority from time to time subject to such conditi ons as it may deem fit for a 
period not exceeding one year at a time on payment of prescribed renewal fee, 
and on the satisfaction of the competent authority that the applicant has not 
ceased to be qualified as porter under the provisions of this Act. 
(6) The registration certificate if not renewed within a period of thirty 
days after the expiration of the period of certific ate already issued, or 
renewed, shall be deemed to have lost its validity. 
(7) Where a registration certificate, issued under this section is lost, 
destroyed or mutilated, a duplicate may be granted on payment of the 
prescribed fee. 
6. Classes of porters.- After considering the facts stated by the 
applicant in his application and the medical certif icate issued by the qualified 
medical practitioner under sub-section (3) of secti on 5, the competent 
authority shall be competent to classify the applic ant in any of following 
categories of porters and cause the name of the app licant registered in the 
relevant register to be maintained by him:- 
(a)  class `A'-to assist parties climbing/trekking any height; 
(b)  class `B'-to assist parties climbing/trekking heights not 
exceeding 19,000 feet; 
(c)  class `C'-to assist parties climbing/trekking heights not 
exceeding 13,500 feet. 
7. Issue of identity cards to registered porters.- (1) Every porter 
registered under this Act shall be issued, in the form, as may be prescribed, an 
identity card by the competent authority. 
(2) The porter shall carry with him his identity ca rd throughout the 
period of his employment and shall produce the same  for inspection as and 
when he is required to do so by the competent authority. 
8. Cancellation of registration.- (1) A certificate of registration of a 
porter may be withdrawn or cancelled by the competent authority,- 
(i)  if the competent authority is satisfied that t he certificate has 
been obtained by fraud or mistake; or 
(ii)  if, after the registration of the porter, the  certifying medical 
practitioner has revoked the certificate of fitness  granted or 
renewed by him to the porter on the basis of which the 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION  5 
OF EMPLOYMENT) ACT, 1977 
registration has been affected; or 
(iii)  if, on a reference made by the competent aut hority under 
section 10 a qualified medical practitioner declare s that the 
porter is not fit to work as porter on the high altitudes; or 
(iv)  if the presence of the porter is considered t o be prejudicial to 
the public interest by the District Magistrate, wit hin whose 
territorial jurisdiction the local limits or major part of the area 
covered by the registration certificate falls; or 
(v)  if, in the opinion of the competent authority,  the porter is 
guilty of misconduct, or wilful default or negligen ce in 
discharge of his obligations under the terms of his  
employment and in the opinion of the competent auth ority, 
not fit to be engaged or permitted to be engaged fo r assisting 
the climbing/trekking parties; or 
(vi)  at the porter's own request: 
Provided that not less than 15 days' previous notic e specifying the 
ground on which it is proposed to withdraw or cance l the certificate of 
registration, shall be given by the competent authority to the porter, unless the 
withdrawal or cancellation of the registration is a t the request of the porter 
himself. 
(2) As and when the certificate of registration is withdrawn or 
cancelled by the competent authority under sub-sect ion (1) the porter shall 
surrender his certificate of registration and the i dentity card, issued to him 
under this Act or the rules framed thereunder, with in a period of 15 days after 
the date of such cancellation. 
9. Certificate of fitness.- (1) A certificate of fitness granted or 
renewed, for the purposes of clause (b) of section 4,- 
(a)  shall be valid only for a period of twelve mon ths from the 
date thereof, and 
(b)  shall be subject to specified conditions in re gard to 
employment generally or the nature of work in which  the 
porter may be employed or permitted to be employed. 
(2) The certifying medical practitioner shall revok e a certificate 
granted or renewed by him, if in his opinion, the h older of it is no longer fit 
for work in the capacity stated therein. 
(3) Where a certifying medical practitioner refuses to grant or renew a 
certificate or revokes a certificate, he shall, if so required by the porter 
concerned, state his reasons for so doing. 
(4) Where a certificate under section 5, with reference to any porter, is 
granted or renewed subject to such conditions as ar e referred to in clause (b) 
of sub-section (1) of section 9, the porter shall n ot be required to attend or be 
allowed to attend his work as porter except in acco rdance with those 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION OF 
EMPLOYMENT) ACT, 1977 
6 
conditions. 
10. Power to require medical examination.- (1) Where the 
competent authority is of the opinion that any pers on employed as porter to 
assist the climbing/trekking parties,- 
(a)  is suffering from an infectious or contagious disease; or 
(b)  is without a certificate of fitness; or 
(c)  is a person with a certificate of fitness, but  is no longer fit to 
work in the capacity stated in the certificate; 
it may serve on the manager of the climbing trekkin g party, a notice requiring 
that such person shall be examined by a qualified m edical practitioner to 
whom the competent authority may refer for medical examination and such 
person shall not be employed or permitted to work as porter, until he has been 
examined and has been certified that he has been gr anted a fresh certificate of 
fitness. 
(2) Every certificate which has been granted by a q ualified medical 
practitioner on a reference under sub-section (1) s hall for the purposes of this 
Act be conclusive evidence of the matters stated therein. 
11. Power to return improperly recruited porters.- Where it 
appears to the competent authority, after such enqu iry as it thinks fit to make, 
that any porter employed for the assistance of the climbing/trekking parties, 
has been recruited otherwise than in accordance wit h the provisions of this 
Act, the competent authority may direct that such p orter shall be discharged 
and returned to his home by and at the cost of the employer. 
12. Fixation or revision of rates of wages.- (1) The State 
Government may, by notification in the Official Gazette,- 
(a)  fix rates of wages in respect of working porte rs and in respect 
of different localities and different conditions of  work, 
different rate of wages may be fixed; 
(b)  revise from time to time, at such intervals as  it may think fit, 
the rates of wages fixed under this section. 
(2) The rates of wages may be fixed or revised by t he State 
Government in respect of working porters for time work or piece work. 
(3) The rates of wages so fixed shall be binding on  all the employers 
and working porters and every porter shall be entit led to be paid wages at a 
rate which shall, in no case, be less than rate of wages fixed under sub-section 
(1). 
(4) Nothing contained in this section shall be cons trued to preclude 
any employer from entering into an agreement with a  porter for granting him 
rights or privileges in respect of any matter which  are more favourable to him 
than those to which he would be entitled to under this Act. 
(5) All wages shall be paid in current coin or curr ency notes, or in 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION  7 
OF EMPLOYMENT) ACT, 1977 
both. 
13. Medical facilities.- (1) There shall be provided and maintained by 
the employer so as to be readily accessible such me dical facilities for the 
porters at such operating centres and halting stati ons as may be prescribed by 
the competent authority. 
(2) There shall be provided or maintained by the employer, so as to be 
readily accessible during all working hours, a firs t -aid box equipped with the 
prescribed contents with the climbing expedition. 
14. No charge for facilities and conveniences.- No fee or charge 
shall be realised from any porter in respect of any arrangements or facilities to 
be provided or any equipment or appliance to be supplied by the employer. 
15. Notice to be given of accidents.- Whenever there occurs in or 
about the area of operations,- 
(a)  an accident causing loss of life or serious in jury; or 
(b)  a breakage of ropes, chains, or other gear by which persons or 
materials are lowered or raised; or 
(c)  all over winding of cages or other means of co nveyances in 
any shaft while persons or materials are beings low ered or 
raised; or 
(d)  a premature collapse of any part of working et c.; or 
(e)  any other accident; 
the employer, agent or manager of the expedition sh all give immediate notice 
to the competent authority giving full account of the occurrence. 
16. Employer's liability for compensation for injur y.- If personal 
injury is caused to a porter by accident arising out of his employment as porter 
or in the course of his training for employment as porter, his employer shall be 
liable to pay compensation and such compensation sh all be assessed on the 
scale of rates of compensation prescribed for simil ar injuries under the 
Workman Compensation Act, 1923 (8 of 1923). 
17. Penalties.- If any person contravenes or attempts to contravene or 
abets the contravention of any of the provisions of  this Act, he shall, on 
conviction by a Magistrate, be liable to be punishe d with imprisonment of 
either description for a term which may extend to t hree months or with fine 
which may extend to three hundred rupees, or with b oth, and in the case of a 
continuing contravention, with an additional fine w hich may extend to fifty 
rupees for every day during which such contraventio n continues after 
conviction for the first such contravention. 
 
 
 
THE HIMACHAL PRADESH  CLIMBING/TREKKING PORTERS (REGULATION OF 
EMPLOYMENT) ACT, 1977 
8 
18. Power to make rules.- (1) The State Government may make 
rules 1 for the purpose of carrying out the provisions of this Act. 
(2) Without prejudice to the generality of the fore going power, such 
rules may provide for,- 
(a) the form of register of porters to be maintaine d by the 
competent authority under section 3; 
(b)  the form of applications for the registration of porters or 
applications for renewal of registration of certifi cates under 
section 5, the particulars it may contain, the fees  which 
should accompany it and the manner of depositing such fees; 
(c)  the form of certificate of registration to be issued under sub-
section (4) of section 5;  
(d)  the form of identity card to be issued to the porter under 
section 7; 
(e)  the conditions in regard to employment general ly or the 
nature of work in which the porters may be employed  or 
permitted to be employed; 
(f)  the fixation or revision of rates of wages in respect of the 
working porters under section 12; and 
(g)  any other matter which has to be, or may be, p rescribed under 
this Act. 
(3) Every rule made under this Act shall be laid, a s soon as may be 
after it is made, before the Legislative Assembly w hile it is in session for a 
total period of not less than fourteen days, which may be comprised in one 
session or in two or more successive sessions, and if before the expiry of the 
session in which it is so laid or the sessions afor esaid, the Assembly makes 
any modification in any rule or decides that the ru le should not be made, the 
rule shall have effect only in such modified form or be of no effect, as the case 
may be, so, however, that any such modification or annulment shall be 
without prejudice to the validity of anything previously done under that rule. 
_______________ 
                                                 
1  Rules made vide Notification No. 8-10/75-GAD (B) , dated 29 th  June, 1981 
published in Hindi in the Rajpatra, Himachal Prades h (Extra-ordinary), dated 18 th  
July, 1981, pp. 622-628 and English in the Rajpatra , Himachal Pradesh (Extra-
ordinary), dated 29 th  July, 1981, pp. 657-662 and came into force w.e.f.  1 st  June, 
1988 vide Notification No. YSS-G-7-3/86, dated 21 st  May, 1988, published in the 
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 4 th  June, 1988, p. 984. 

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