(Following is the English translation of various provisions related to Mountaineering/Trekking/hiking given in GR dated 26.07.2018 which was originally published in Marathi. I have made efforts to translate it in simple English without eliminating any important word. However, some of the original provisions are confusing and vague. Hence the English translation could also seem to be vague or incomplete at some places.Words in Italics on page number 1 and 2 indicate file numbers in Marathi which cannot be translated)

Regarding issue of guidelines for organisations engaged in conducting mountaineering, skiing, snowboarding, para sailing, aero sports competition (hang gliding, para gliding) water sports under adventure sports category

https://www.facebook.com/Maha-Adventure-Council-2189045384670265/

https://drive.google.com/file/d/1vPq6AvWkU1_PCOxBK80IGU91EgZgx4yg/view?fbclid=IwAR2eefwfqH8nRIQ_fXJ14sBRgoQrn9z2lcAzyO2p-PXeaurLicOdGeGzBE4

Government of Maharashtra

School Education and Sports Deptt.

Govt. Resolution No. nyayapr 2014/Pr.Kr. 105/kri.yu.se.-1

Madam Cama Road, HutatmaRajguru Chowk

Mantralaya Annexe, Mumbai-400 032

Date 26thJuly 2018

References:

  1. Sha.shi.va.kri.vi.kridadho-2011/pr. Pr.55/11/kri.yu.se.-1 Dated 14.06.2012
  2. Government Resolution Dated 26th June,2014 issued by Tourism and Cultural affairs deptt. Under F.No. nyayapra2013/07/pr.kr.498(part.2)/Tourism

  3. Government resolution of even number dated 20.04.2015

  4. Letter dated 11.01.2016 from DY. Commissioner, Youth and Sports Affairs, Govt. Of Maharashtra, Pune

  5. Letter dated 27th December,2017 from Assistant Commissioner, Youth and Sports Affairs, Govt. Of Maharashtra, Pune

Preface:

It is necessary to have conducive atmosphere fornurturing,cultivating, developing and popularising sports culture in the state. StateSports Policy-2012 was declared keeping this objective in mind and GR dated 14.06.2012 was issued to implement it.

A young boy from the state had died in an accident caused during a mountaineering programme in Himalaya. His parents filed a PIL no. 184/2007 in Mumbai High Court (HC) regarding said accident. While disposing off the said PIL vide its order dated 12.07.2013, HC has directed the State Govt. to frame a comprehensive policy/guidelines or rules to control activities of unregistered organisations. HC also asked State Govt. to ensure safety of mountaineers.

In terms of directions issued by HC, Government Resolution (GR) dated 26.06.2014 was issued prescribing guidelines for activities falling under adventure sports category- viz. mountaineering, skiing, snowboarding, para sailing, hang gliding, water sports. Districtwise committees under the Chairmanship of District Sports Officer for issuing registration to organisations engaged in adventure sports and state level apex committee under the chairmanship of Commissioner Sports and Youth Affair to control working of such District Committees, were approved in terms of the said GR.

Shri Vasant Limaye and others filed a writ petition bearing no. 8304/2014 against the said GR. Their primary contention was that there are shortcomings in the said GR which could cause a lot of practical problems and make it difficult to implement. It was also demanded in the said petition that a committee comprising of two experts each from land, air and water-based activities be formed to frame the guidelines for safety of participants in adventure activities.

With a view to make necessary amendments in GR dated 26/6/2014 issued by Tourism and Cultural department regarding rules / guidelines for organisations / persons involved in conducting land, air and water-based adventure activities, a committee was formed under the Chairmanship of Commissioner, Sports and Youth affairs. The said committee has submitted an amended draft of GR to the Govt. Commissioner, Sports and Youth affairs, Pune has submitted amended GR to Govt. after taking into consideration self-explanatory opinion given by Cultural Dept. when draft was sent to them seeking its opinion and also considering opinion / suggestions given by some experts in the field. The matter of Issuing amended GR was under consideration of Govt.

GOVERNEMENT RESOLUTION

GR mentioned at reference no. 2 above, is hereby superseded with due concurrence of Tourism and Cultural Dept. Rules as per Annexure-I are hereby approved for organisations who conduct land, air and water-based adventure activities. Guidelines given in Appendix-A, B, C, D will be applicable to adventure activities in land, air and water-based sports.

2. Subject GR will be applicable to commercial organisations engaged in land, water and air-based activities on commercial basis. Guidelines issued by Tourism Ministry, Govt. of India vide letter dated 2/01/2012 and to be declared hereafter, will be applicable to them and accordingly they should get themselves registered under the provisions of this GR. Proforma of application for registration is given in Annexure II.

3. Guidelines governing adventure tour operators should be made binding in State and professionals (organisations) engaged in organising adventure sports should obtain necessary registration from Central Tourism Ministry. Guidelines issued by Govt. of India vide letter dated 2/01/2012 are given in appendix E.

4. Permission of forest dept. will be essential if mountaineering / hiking/trekking activities are to be organised in reserved forest or public parks. For organising air-based adventure activities, permission from DGCA, New Delhi is essential. For conducting water-based activities in creeks and sea (permission from) Maharashtra Maritime Board will be required and their rules mentioned in water-based sports policy will be applicable. Guidelines/rules concerning approval or renewal or extension for adventure tour operator will be as per appendix E.

5. Subject GR is issued with due concurrence of Tourism and Cultural dept. under their reference no.anau/sa.kr. TDC-2018/6/pr.kr.565/Tourism dated 10.07.2018 and is available on Maharashtra Govt. website www.maharashtra.gov.in under reference no. 201807261300085321.

Issued under name and orders of Governor of Maharashtra

Rajendra Pawar,

Dy. Secretary,

Govt. of Maharashtra, School Education and Sports Deptt.

(Hereafter there is a list of 41 recipients of the said GR including President/Secretary, AMGM having address at 206, Shilpin Center,40, G. D. Ambekar Marg, Wadala, Mumbai-400031)

Annexure 1 to Government Resolution, School Education and Sports Affairs,

nyayapr 2014/Pr.Kr. 105/kri.yu.se.-1 dated 26.07.2018

Rules for Organising Adventure Sports

(Hereinafter words initalics are logical additions which are not there in original Marathi version)

Rule 1:

The organisations engaged in conducting public program for a fee in respect of mountaineering (rock climbing / skiing / snowboarding), aero sports (parasailing / hang gliding / para motoring / para gliding / sky diving/ parachuting etc.), water sports (rafting / scuba diving etc.) or any separate program organised using a specific technique of mountaineering (rappelling / valley crossing / Tyrolian traverse / giant swing) are required to get registered under this rule.

Organisations: Any organisation registered with (Charity Commissioner under Charitable Institution) Act, 1860 / a non-profit organisation registered under section 8 of Companies Act 2013, engaged in conducting adventure sports or a commercial organisation.

District Sports Officer should enter above sports organisations in separate register. These organisations may be issued certificate after such entry,

All the organisations registered with District Sports Officer will be under control of District Committee.

Formation of District committee:

Sr. No

Organisation/Designation

Post Held in Committee

1

District Collector

Chairman

2

Commissioner of Police/Superintendent of Police

Member

3

Executive Engineer, Irrigation Deptt

Member

4

Divisional Forest Officer

Member

5

Divisional Deputy Commissioner, Youth and Sports Directorate

Member

6

District Sports Officer

Joint Secretary

7

Regional manager of MTDC in the concerned Revenue Division/ Additional District Collector

Member Secretary

8

District Surgeon

Member

9

Representatives of Adventure Sports Activity

(Two district level representatives of the apex body of Land, air and water-based adventure activities may be appointed. If there is no such State level apex body two experience persons from the activity may be appointed on Committee)

Member

Whenever such registered organisations conduct adventure activities, the respective guidelines given in subject GR will be applicable to them.

District Committee is empowered to act as per prevalent legal provisions against any organisation which conducts adventure activities without registering as detailed above.

Jurisdiction (mandate)of District Committee for Adventure sports:

  1. To study objections/suggestions related to provisions of this GR and take necessary steps in respect of such objections/suggestions and/or send them to state committee with its opinion.

  2. The district committee shall prepare guidelines, through respective state apex body, in respect of nature, standards, safety, training etc. of adventure sports with an objective to ensure all round development of adventure sports in the district involving proper and safe techniques.

  3. To compile data about origin, progress and important achievements related to adventure activities in the district.

  4. To compile data,through respective state body, about the accidents caused in the adventure sports and formulate a mechanism and procedure to conduct inquiry of such accidents, if necessary, under the guidance of state committee.

  5. To ensure proper co-ordination between adventure sports organisations and Govt.

  6. District committee will certify/ensure that such registered organisations are adhering to /have adhered to guidelines issued by central govt.

  7. To extend all necessary co-operation to Govt. for proper implementation of subject sports policy.

  8. To conduct regular meeting of this committee to review implementation.

  9. To make changes in procedure for registration of organisations in adventure sports, if necessary.

  10. District committee will decide the adventure activity-wise requirement of para-medical/medical equipment that the organisers should have (with them)taking into consideration the nature of respective expedition, geographical condition.

Rule 2:

A state level apex committee may be formed as under to exercise control over district committeesand formulate (procedures)for ensuring such control

Formation of state committee:

Sr. No

Organisation/Designation

Post Held in Committee

1

Joint Director, Sports and Youth Directorate, Pune

Chairman

2

Dy. Commissioner of Police

Member

3

Superintending Engineer, Irrigation Deptt

Member

4

Dy Forest Conservator, Pune

Member

5

Deputy Commissioner, Youth and Sports Directorate, Pune

Member

6

Asstt. Director, Youth and Sports Directorate, Pune

Joint Secretary

7

Managing Director, Mumbai

Member Secretary

8

Joint Director, Health Department, Govt. of Maharashtra, Pune

Member

9

Representatives of Adventure Sports Activity

(Two representatives of the apex body of Land, air and water-based adventure activities may be appointed. If there is no such State level apex body two experience persons from the activity may be appointed on Committee)

Member

Jurisdiction(mandate)of State Committee for Adventure sports:

  1. To invite objections/suggestions pertaining to provisions of this GR and take necessary steps in respect of such objections/suggestions.

  2. To prepare the proforma of application for registration in terms of GR.

  3. To devise procedure for scrutiny and registration of applications submitted by adventure sports organisations.

  4. The state committee shall prepare guidelines, through respective state apex body, in respect of nature, standards, safety, training etc. of adventure sports with an objective to ensure all round development of adventure sports in the district involving proper and safe techniques.

  5. It is necessary to have a properly functioning apex body of respective adventure sports. Hence, to provide encouragement to such apex bodies to function efficiently.

  6. To compile data about origin, progress and important achievements related to adventure activities in the state.

  7. To compile data, through respective state body, about the accidents caused in the adventure sports and formulate a mechanism and procedure to conduct inquiry of such accidents, if necessary.

  8. To appeal to general public to share the shortcomings noticed in the conduct of adventure sports and devise a mechanism to address the grievances shared by participants or parents.

  9. To ensure proper co-ordination between adventure sports organisations and Govt.

  10. To suggest amendments in jurisdiction of district level committees.

  11. To extend all necessary co-operation to Govt. for proper implementation of subject sports policy.

  12. To formulate policy for all round development and spread of adventure sports.

  13. To formulate and approve new policies in accordance with changing times and suggest improvements.

  14. To frame policy for proper and time bound implementation (of sports policy)and suggest all the remedial measures.

  15. To conduct regular meeting of this committee to review implementation.

  16. To make changes in registration procedure for organisations in adventure sports, if necessary.

RULE 3

Necessary qualification of leader/guide/trainer and essential equipment that above-mentionedregistered organisations should have, isgiven below:

3.1: leader/guide/trainer and participants shall possess necessary training qualification given in the appendix for the respective adventure sports.

3.2 All the organisations, who are registered under the subject GR, should review the safety measures (in terms of) training and equipment. Concerned information is given in Appendix A,B,C,D.

3.3: Organisers of adventure sports should have personal protection equipment duly certified in accordance with the standards prescribed by the state/national/international apex bodies. Further certification from the respective apex body should be obtained personally for such sports equipment. Details for such equipment is given in Appendix A,B and C.

3.4: If any of the above adventure sport is planned for more than a day, then fuel arrangements should be made keeping in mind the environmental concerns.

3.5: Leader and trainer of the adventure sports programme should be certified First Aider from approved institution and if they do not possess such certificate, then it will be responsibility of the organisers of such programmes to ensure that a certified first aider is accompanying the group. Following are the approved First Aid Training institutes:

A. Red Cross (In multiple locations)

B. St. John Ambulance (in multiple locations)

C. Home Guards (in Multiple Locations) or Guards (in multiple locations).

3.6: Organisers should ensure that leaders, trainers and participants have necessary medical fitness certificate as given in the appendix for respective adventure sport.

3.7:Organisers of adventure programmes should have a list of all the participants containing details such as name, complete address, contact details (Tel./Mobile no.), Parents’ Tel./Mobile no., E-mail id (if it is different), Emergency contact details etc.

3.8: Organisers of adventure programmes should have a First aid kit. Further, depending upon the requirement of the respective adventure sports, it will be proper to appoint a qualified medical practitioner equipped with necessary medicaments, while organising adventure expedition. Para-Medical or First Aid facilities will vary according to nature of each adventure sport. An emergency can arise during an adventure expedition. Therefore, it is necessary that arrangements for quality first aid and evacuation of casualty to nearest hospital are in place.

3.9 Organisers of adventure programmes should convey the factual information about adventure programme viz. arrangements, difficulties and risk involved (to participants)through mail or in writing before enrolling the participant. Further the risks involved in each adventure sport should be displayed on the web site as well as at the activity site.

3.10 Organisers of adventure programmes should keep emergency action plan ready in writing according to guidelines of the state/national/international apex bodies.

3.11: Organisers of adventure programmes are expected to completely insure the participants for the duration of adventure programme and details of the same be made available to participants.

3.12: It is necessary to take prior permission while organising adventure activities in some part of the state/country. If any adventure activity is to be organised at such places, then, organisers should obtain prior permissions according to applicable state /national regulations.

3.13: It is necessary to have written consent of parents before enrolling participants below 18 years of age. Further, an adult care taker having knowledge of the activity must accompany the group(of children)in the ratio of 1:10 for the entire duration of the programme.

3.14: Method of organising Adventure sports and applicable guidelines should be as per the latest guiding principles of state/national/international apex bodies. Concerned Information is given in the appendix for respective adventure sport.

3.15 Organisers of adventure programmes MUST file a report with the District Collector and Addl. District Collector with whom they are registered, within six months of financial year end, containing details of the activities conducted during a year, list of personal protective equipment and its log book.

3.16: Organisers of adventure programmes MUST follow the guidelines issued under this GR. Action as per the relevant legal provisions will be initiated against the organisations who breach the subject rules. State committee will have power to cancel the registration of organisations who do not follow the subject rules.

RULE 4

PROCEDURE FOR REGISTRATION:

Organisation Registration fees is Rs 1000/-.

Registered Organisations can conduct adventure sports during their validity. If any organisation fails to file yearly report prescribed under Rule 3.15 despite follow-up by District Sports Officer, then State Committee will have power to cancel its registration.

All concerned are notified that, organisers of adventure sports organisations must get themselves registered upon issue of subject GR. They should submit their application for registration, enclosing all the documents/certificates therewith, to the District sports officer (Proforma for application is given in Ann.2). District sports officer will dispose off the application for registration within one month of its receipt.

APPENDIX-A

MOUNTAINEERING

International Mountaineering and Climbing Federation (UIAA)-an Apex body ofmountaineering activities- was established in 1932. Indian mountaineering Federation (IMF) which acts as apex body of mountaineering activities in India was established in 1957. Akhil Maharashtra Giryarohan Mahasangh (AMGM) which acts as apex body of mountaineering activities in Maharashtra was established in 1992. International/national/State apex bodies have, from time to time, laid down the guidelines regarding technique of Mountaineering, training, equipment, its certification and maintenance.

Mountaineering, as an adventure sport, covers following:

1)Trekking (Hiking): High Altitude Trekking- An outingon feeton a mountain trail/trek route/mountain slope is (called) trekking where no technique of mountaineering or safety equipment is needed. Generally, any outing which involves negotiating a mountain trail/trek route/mountain slope at an altitude of more than 2440 mtrs. (8000 ft.) is called high altitude trekking where no technique of mountaineering or safety equipment is needed.

2) Rock Climbing- Climbing boulders/pinnacles/rock walls requiring technical skills and use of equipment.

3)Mountaineering-Climbing on high altitude peaks involving technical skills and use of safety equipment

Rappelling, Waterfall Rappelling, Valley Crossing, Tyrolian Traverse, Giant Swing etc. are independently arranged by using technical aspects of mountaineering. Even though these programmes are arranged separately, they are part of mountaineering.

Guidelines for eligibility, training and procedure for Trekking (Hiking),High Altitude Trekking,Rock Climbing,Mountaineering are as under:

    1. Rock climbing: Rock Climbing programs should be conducted as per the guidelines issued by national apex body IMF/state apex body AMGM
    1. Mountaineering:Himalayan expeditions are totally governed by IMF, which is a national apex body. IMF has prescribed criterion for eligibility, training, experience for leaders as well as participants of such expeditions. Himalayan expeditions should be organised according to those criteriion.
    1. Eligibility of Organisers:It is necessary to undergo training in IMF approved training institutes to be able to participate in mountaineering expeditions. Following are the IMF approved training institutes in the country:
  1. Himalayan Institute of Mountaineering, Darjeeling, West Bengal
  2. Nehru Institute of Mountaineering, Uttar Kashi Uttaranchal
  3. Atal Bihari Institute of Mountaineering and Allied Sports, Manali, Uttar
  4. Indian Institute of Skiing and Mountaineering, Gulmarg, Jammu-Kashmir.

Website http://www.indmount.org may be referred for updated information regarding IMF approval.

1.4 Training institutes affiliated to IMF approved training institutes: Guardian Giripremi Institute of Mountaineering (GGIM), Pune is a training institute affiliated to Himalayan Institute of Mountaineering, Darjeeling, West Bengal,Nehru Institute of Mountaineering, Uttar Kashi Uttaranchal, Atal Bihari Institute of Mountaineering and Allied Sports, Manali.

APPENDIX-D

Guidelines for safety and rescue in adventure sports

Introduction:

    1. Adventure tour operator is a person engaged in organising activities related to adventure sports like water sports, air sports, mountaineering and trekking, safaris of various kinds etc.

 

General Guidelines applicable to all adventure sports:

2.1. There should be a designated leader for each group participating in adventure activity.

2.2. He should possess necessary skills and qualifications.

2.3 Every person who is participating in the adventure sport should have basic training and leader should be satisfied that such participant possesses necessary skills required for participation.

2.4 Leader should have First Aid Certificate and he should have ability to give first aid while stretcher is being used.

2.5 Leader should be familiar with search operation procedure and he should inform all the group members about such procedure.

2.6 If radio is to be used during the programme, all the group members should be familiar with its use.

2.7 Leader should be conversant with helicopter (rescue) operation. He should know how to establish contact with helicopter and should also be familiar with lowering and lifting protocol of helicopters.

2.8 Leader should be an expert in map and Compass reading during day or night and in any weather condition.

2.9 Leader should satisfy himself that all the group members are fit to participate in adventure activity.

2.10 Leader should satisfy himself that all the equipment used in adventure activity are conforming to the prescribed safety standards.

2.11 Under no circumstances certified capacity by a manufacturer of an equipment be exceeded (while using it)No unauthorised alteration should be made except for additional safety or no sub-standard equipment be used.

2.12 Information about nature of activity, area of activity, period of activity, expected problems, persons to be contacted during emergency and list of participants should be provided to concerned Rescue and Safety committee.

2.13 If a hand held signalling devise is available at affordable cost in India, then it should be provided to the group of participants.

2.14 A qualified doctor should be on call.

2.15 Communication devises like Mobile/ Walkie-Talkie should be available.

 

GUIDELINES FOR MOUNTAINEERING TREKKING

3.1 All the members of group participating in mountaineering expedition should have necessary qualifications. Basic Training Certificate given by National Training Institute will be considered as enough qualification (what is this?).

3.2 Leader of the mountaineering expedition should possess qualification recommended by Indian Mountaineering Federation.

3.3 Participants of mountaineering expedition and trekking group should be physically fit.

3.4 Equipment used for mountaineering and trekking should be UIAA certified or approved by Indian Mountaineering Federation

3.5 Rescue Equipment viz Rope, Harness, Pulley System and Portable stretcher should be packed properly with bold marking “Rescue Equipment” and kept separately like equipment.