Court on its own motion vs State of H.P. and Others

Rajiv Sharma, J.—The Court has taken cognizance of the letter addressed to this Court (Chief Justice). The question of great public importance has been raised in this petition the manner in which the administration of the Hamirpur District is collecting funds for Hamir Utsav. The Deputy Commissioner, Hamirpur was directed to file affidavit on 18.6.2011. In sequel to these orders, the Deputy Commissioner, Hamirpur has filed the affidavit on 12.7.2011. It is averred in paragraph 5 of the affidavit that the funds are raised through voluntary donations and no forceful or compulsory measures are taken to raise the funds. He has also averred in the affidavit that necessary instructions have been issued by the Divisional Commissioner, Mandi. The Principal Secretary (Home) has also directed the Divisional Commissioner, Mandi to look into the matter. The matter was looked into by the Divisional Commissioner. His report is also placed on record. The Divisional Commissioner has made the following suggestions/recommendations:

Whenever any collections of donations for celebrations of government approved programmes or fairs etc are made on voluntarily basis, it should be with the prior approval of the government and separate instructions may also be issued to the concerned District Collectors in whose jurisdiction such celebration is being organized.

The word ''Donation Slip'' should be printed on the donation slips.

The dealing hands who issue donation slips to any person should be instructed strictly to enter the name and address of donor clearly. This work not be given to daily wage official. This work be given to some other official of Junior Assistant or above rank.

There should be fixed period in which these donation slips are to be sold and the slip should contain this period.

There should be proper record of these slips (Sold and unsold) and it should be covered under the annual audit also so as to observe transparency in issuance of these donation slips.

The name of the Printing Press should invariably find mention on each donation slip. The number of slips issued also be regulated so that a proper check can be kept.

These instructions could be circulated to all the Deputy Commissioners for their guidance and prevention of this type of incidents in future.

The present petition is disposed of with the directions to the Respondents to comply with the suggestions/recommendations made by the Divisional Commissioner at page 53 of the paper book in letter and spirit. It is made clear by way of abundant precaution that no donation etc. shall be collected by the District Administration, Hamirpur by force or coercion. No costs.