[16 February 2021] No.TSM.F(1)-3/2013-III.-WHEREAS,
the draft Himachal Pradesh Miscellaneous Adventure Activities (Amendment)
Rules, 2019 were published in the Rajpatra (e-Gazette), Himachal Pradesh on
5-12-2019 vide this Department Notification No. TSM.F(1)- 3/2013-II, dated
22-11-2019 to invite objection(s) or suggestions(s) from general public, as
required under section 64 of the Himachal Pradesh Tourism Development and
Registration Act, 2002 (Act No.15 of 2002); AND WHEREAS, some
objection(s) or suggestion(s) have been received from the general public in the
Department of Tourism & Civil Aviation in this behalf during the stipulated
period and the same have been duly considered and incorporated in the draft
rules; NOW THEREFORE, in exercise of the powers conferred by clauses (f)
and (g) of subsection (2) of section 64 of the Himachal Pradesh
Tourism Development and Registration Act, 2002 (Act No.15 of 2002), the Governor
of Himachal Pradesh, is pleased to make the following rules, namely:- (1) These rules may
be called the Himachal Pradesh Miscellaneous Adventure Activities (Amendment)
Rules, 2021. (2) These rules shall
come into force from the date of publication in Rajpatra (e-Gazette), Himachal
Pradesh. In rule 2 of the
Himachal Pradesh Miscellaneous Adventure Activities Rules, 2017 (hereinafter
referred to as the said rules) in sub-rule (1),-(i) for clause (b), the
following shall be substituted, namely:- "(b)
"Association" means a society registered under the Himachal Pradesh
Cooperative Societies Act, 1968 or the Himachal Pradesh Societies Registration
Act, 2006; or Company/Trust registered under relevant Act." ; (ii)
in clause (l),
the word "and" shall be deleted; and (iii)
after clause (m), the following clauses shall be inserted, namely:- "(n)
"Trekking" means a form of walking undertaken on foot with the
specific aim of exploring and enjoying the natural areas/ forests/ mountain
areas; but does not include walking on a trek route on pilgrimage to a
religious place during the dates specified by the competent authority ; and (o)
"Trek Routes" means linear path or routes as identified and
notified by the Department of Tourism and Forests from time to time as Easy,
Moderate or Tough trek depending on the difficulty level". In rule 3 of the said rules,- (i) for sub-rule(3), the following shall be
substituted, namely:- (ii) "The operator (s) or guide (s) or
instructor (s) or association (s), as the case may be, who have a local office,
who have at least two years experience in the relevant field shall be
registered with the Tourism Department, Himachal Pradesh under the Act. The
operator (s) or guide (s) or instructor (s) or association (s) which are based
outside of the Himachal Pradesh also need to have a local office in the
State" ; and (iii) after sub-rule (5), the following shall
be inserted, namely:- "(6) The
Registration certificate issued by the prescribed authority shall not restrict
the operation of the operator to the jurisdiction of that prescribed authority
but shall be valid throughout the State. The Registration authority shall
inform other District about registration for record; (iv)
The prescribed
authority shall convey the decision regarding issuance ofevery registration
certificates to all the districts and the Directorate of Tourism; (v) The Operator shall enclose with his
application the following documents, namely:- (a)
details of all Guides and Instructors including copies of
certifications and record of their experience; (b)
copies of all Permits and Permissions for the proposed adventure
sports registration; (c)
copies of identification documents, insurance cover for all
participants, guides and instructors; (d) copy of Standard Operating Procedure
(SOP); and (e)
emergency Action Plan for the particular adventure sport to include
arrangements for emergency lift and evacuation of clients in case of
mishap.". In rule 4 of the said rules,- (i) for sub-rule (3), the following shall be
substituted, namely :- "(3) The
Adventure Tour Operator should have a minimum of two experienced and well
qualified executive staff under its direct employment. Either Owner or Director
himself or their operations-chief employed should be well qualified in
adventure activity which the operator wants to pursue. The qualification shall
be determined by certification by Atal Bihari Vajpayee Institute of
Mountaineering and Allied Sports, Manali, Himachal Pradesh or Himalayan
Mountaineering Institute, Darjeeling or Nehru Institute of Mountaineering, Uttrakashi
or Jawahar Institute of Mountaineering and Winter Sports Pehlgam or any other
recognized National or State Level Institute in the activity with at least
practical experience of two years in concerned activities." ; (ii) after sub-rule (3), the following shall
be inserted, namely:- "(4) The
Operator must clearly indicate its specialization of activities or activity for
which it wishes to register like Rappelling, River Crossing, Skiing, Trekking,
Rock Climbing, Hot Air Ballooning, Zorbing, Balls, Rolling Balls, Water Balls,
Bungee Jumping and Zipline/Flying Fox, Joy Rides/Fun Parks, or any other such
activity. (5)
The Operator must have his own Adventure equipment as well as
specialized trained staff in First Aid/ Cardio Pulmonary Resuscitation having successfully
completed basic course in first aid from Government Hospital or any Recognized
institution or certificate course conducted by the Adventure Tour Operators
Association of India and also be competent to impart first aid training in the
use of stretchers. (6)
The Operator will give an undertaking for adherence to sustainable
ecological practice and protection of environment in keeping with guidelines
for eco-tourism and safety and security guidelines of Ministry of
Tourism/Adventure Tour Operator Association of India. (7)
Each Operator shall cover the risk factor of the client/ guides/
instructors by insurance to cover accidental deaths, loss of limbs and/or eyes
and permanent/partial disability and emergency evacuation.". In rule 6 of the said rules,- (i) in sub-rule (1),
after the words "Certificate of registration", the words and sign
"which shall be valid throughout the State" shall be inserted; and (ii)
after sub-rule
(2), the following shall be inserted, namely:- "(3) the
Guide /Instructor must be 21 years of age and should be medically fit as
certified by the Medical Officer. He should also hold a valid basic First Aid
and Cardio Pulmonary Resuscitation (CPR) Certificate or equivalent Certificate
issued by Medical Officer of the government hospital or any recognized
institution. He should have good communication skills in Hindi and
English.". In rule 7 of the
said rules, after sub-rule (2) the following shall be inserted, namely:- "(3) The
Guide/ Instructor must clearly indicate its specialization of activity or
activities he/she wishes to register like Rappelling, River Crossing, Skiing,
Trekking, Rock Climbing, Hot Air Ballooning, Zorbing, Balls, Rolling Balls,
Water Balls, Bungee Jumping and Zipline/Flying Fox, Joy Rides or any other such
activity". For rule 8 of the
said rules, the following shall be substituted, namely:-"Constitution of
the Technical Committee.-(1) The Government shall, by notification constitute a
Technical Committee for an area for Conducting Miscellaneous Adventure
Activities like Rappelling, River Crossing, Skiing, Trackking, Rock Climbing,
Hot Air Ballooning, Zorbing ball, Rolling Ball, Water Balls, Bungee Jumping and
Zipline/Flying Fox, Joy Rides /Fun Parks etc. which shall consist of the
following members, namely :- (i)
The Director,
Tourism and Civil Aviation???? Chairman; (ii)The Director,
Atal Bihari Vajpayee Institute of Mountaineering and Vice Chairman; Allied
Sports, Manali. (iii) The
Superintendent of Police of concerned area or his/her representative. Member; (iv)The
Sub-Divisional Magistrate of concerned area or his/her representative. Member; (v) The
Conservator of Forest of concerned area or his/her representative.? Member; (vi) Chief Medical Officer of concerned area or his/her representative??? Member; (vii) Assistant
Director/Deputy Director (Fisheries) of concerned area or Member; his/her
representative. (viii) Executive/Assistant Engineer (Mechanical) HPPWD? Member; (ix) Representative of concerned Hydro-Power Project authorities.??????? Member; (x) Commandant,
Home Guards of concerned area or his/her representative. Member; (x) Incharge,
Water Sports Centre or his/her duly qualified representative Member; (xi) One member
of the adventure and activitiy Association?????? Member; (xii) Deputy Director Tourism and Civil Aviation or District Tourism
Development Officer and in his absence Assistant Tourism Member Secretary. (xiii) Development Officer of the area
concerned. The Chairman of
the Regulatory committee can delegate his powers to Vice-Chairman who shall
preside over the meetings in his absence. A quorum of seven members shall be
necessary for conducting of its meeting." The existing
provision of rule 9 shall be numbered as (1) and after that the following shall
be inserted, namely :- "(2) The
operator(s) or guide(s) or instructor(s) or societies(s) so recommended by the
Technical Committee shall be eligible to operate throughout the State.". For rule 10 of
the said rules, the following shall be substituted, namely:-"Constitution
of Regulatory Committee and its functions.- (1)
The Commissioner (Tourism) shall by notification constitute a
Regulatory Committee for each site, river and area of operation consisting of
the following members, namely:- (i)The Deputy Commissioner????????? Chairman; (ii) The
Director, Atal Bihari Vajpayee Institute of Mountaineering and Vice-Chairman;
Allied Sports, Manali. (iii) The Sub
Divisonal Magistrate of concerned area or his/her representative Member; (iv) The Dy.
Superintendent of Police of the concerned area or his/her Member;
representative (v) The Divisonal
Forest Officer of concerned area or his/her representative. Member; (vi) The
Commandant Home Guards of concerned area or his/her representative. Member; (vii) The Block
Medical Officer of the concerned area or his/her representative. Member; (viii) Executive Engineer (Mechanical), HPPWD of the concerned area.? Member; (ix) Assistant
Director/Deputy Director Fisheries of the concerned area Member; or his/her
representative. (x) The
President, Water Sports Association and the concerned area or Member; and
his/her representative. Deputy Director
Tourism and Civil Aviation or District Tourism Member Secretary. Development
Officer and in his absence Assistant Tourism Development Officer. (2)
The Chairman of Regulatory committee can deligate his powers to
Vice-Chairman who shall preside over the meetings in his absence. A quorum of
six members shall be necessary for conducting its meeting". In rule 11 of the
said rules, for clause (i) the following shall be substituted, namely:- "(i) The
Regulatory Committee shall exercise the overall control for regulating the
operations in the area with the assistance of the Miscellaneous Adventure
Activities Associations, if any, of the district concerned including for those
operators who have been issued Registration Certificate from outside the
District.". 1.
For rule 12 of the said rules, the following shall be substituted,
namely:- Safety Measures: (1) Every group of
persons taking part in adventure sports must be accompanied by a person
designated as an Instructor/ Guide. (2) Instructor/Guide
must possess appropriate qualification and skills as indicated in his
application for registration. (3) Every person
joining a group engaged in adventure sports must receive an introductory
training and Instructor/Guide should be satisfied that they have acquired the
skills necessary to participate. (4) For outdoor
adventure sports, Instructor/Guide should be familiar with search procedures
and should brief all group members in these procedures. (5) All group members
must be made familiar with the use of radius/Global Positioning System (GPS)
based devices where these are required (especially trekking, hot air ballooning
etc. (6) Instructor/Guide
should also be familiar with helicopter operations, know how to approach a
helicopter and procedures for being winched up and down as per the need of the
adventure sport. (7) Instructor/Guide
should be proficient in the use of Global Positioning System (GPS), maps and
compasses in any weather by day or night especially for the trekking operation. (8) Instructor/ Guide
should be satisfied that all members are medically fit to take part in the
adventure sports. (9) Instructor/Guide
should satisfy themselves that equipment to be used meets all the safety norms
for each adventure sport; all inspections have been carried out as recommended
by the manufacturer and Technical Committee and is fit for use. (10) Operator/Instructor/Guide
shall under no circumstances exceed the capacity rated by the manufacturer of
adventure sports equipment and also not carryout any unauthorized modifications
except as required for additional safety measures. (11) Operator/Instructor/Guide
shall keep the information regarding nature of activity, area of operation,
period of activity, possible hazards, persons to be contacted in an emergency
and list of participants at the site of operation. (12) Operators shall
ensure that for the outdoor events such as: Rappelling, River Crossing, Skiing,
Trekking, Rock Climbing, Hot Air Ballooning, Bungee Jumping and Zipline/Flying
Fox etc. devices with graded distress signal capabilities are made available to
adventure sports participants/groups. (13) Each adventure
sports operators shall ensure that a qualified Doctor is available on call for
the Participants/ Instructors/ Guides. 2.
Safety measures for Trekking.- (1)
All members taking up trekking/ mountaineering expeditions on tough
treks in groups, should be adequately qualified for taking part in the sport.
Basic course certificate issued by National Mountaineering Institute should be
considered adequate for this purpose. (2)
For trekking including forest areas, the trekkers/ operator need to
have permission from the Forest Department in case trekkers intend to take up
trekking /installation of camps/tents etc. for more than one day. (3)
The operator shall ensure that trekking is carried out only on the
permitted route, no diversion will be allowed. (4)
The operator shall ensure that trekking activity is carried out only
during the season and between 07.00 am to 07.00 pm. (5)
Operator shall ensure that all the trekking groups are Geo-tracked
which will be monitored by the District Administration/ District Disaster
Management Authority (DDMA). Even for the individual trekkers, they shall also
register themselves online on to the Geo-tracking platform of the Government/
District Administration. (6)
The operator will have to submit the list of trekkers as well as
certified guides/ instructors in the Police Post/ Police Station of the
concerned areas before and after commencement of the trekking. (7)
Operator shall ensure that no trekker abandons trek mid-way. In case
of exigency either the whole trekking group shall return as a group or trekkers
abandoning the trek shall return under the supervision of instructor/ guide. (8)
Operator shall ensure that each participant, instructor/ guide masters
covered with life insurance for minimum for Rs. 2.00 lakhs and rescue insurance
for Rs. 2.00 lakhs (total Rs. 4.00 lakhs insurance). (9)
Instructor/Guide of trekking expeditions should possess adequate
qualifications as referred to above. (10)
Only those individual trekkers who have done Methods of Instruction
Course (MoI) from Atal Bihari Vajpayee Institute of Mountaineering and Allied
Sports, Manali, H.P. or Himalayan Mountaineering Institute, Darjeeling (West
Bengal) or Nehru Institute of Mountaineering, Uttrakashi, Uttrakhand or Jawahar
Institute of Mountaineering and Winter Sports Pehlgam (J&K) or any
recognized National or State Institute will be allowed to take difficult
trekking expeditions. (11)
It will be ensured that Participants of trekking expeditions/ groups
should be physically fit. (12)
Equipments used for trekking (especially mountaineering) should be
Union Internatonale des Associstaions d Alpinisme (International Union of
Alpine Clubs) (UAAI) certified or approved by the Indian Mountaineering
Foundation. (13)
Operator shall ensure that rescue equipments, such as ropes,
harnesses, pulley systems and portable stretchers are maintained as a separate
kit in a suitable package marked boldly with the words "Rescue
equipments". (14)
Operator shall ensure that all equipments that are subject to wear and
tear and must be checked before every use. Even during their storage these
equipments must be stored and inspected periodically. Unserviceable equipment
would be discarded immediately and the Technical committee shall certify the
same. (15)
All Trekking Tour Operators will maintain and update a Standard
Operating Procedure for their operations and get the same varify from Technical
Committee once in Three Years. The Standard Operating Procedures (SOPs) shall
include the following :- (a)
the expedition guiding and porter staff on the mountain and the
material supplied must be adequate for the expeditions taken up; (b)
advance arrangements must be made for medical help/ evacuation
assistance in case of emergency which should be known to the authorities and
participants alike; and (c)
it will be ensured that all Participants of trekking expeditions and
trekking groups are physically fit. (16)
Before the initiation of any trekking expedition a true picture of all
the difficulties and dangers involved will be conveyed to the participants. The
Operators will also ensure that for the commercial trekking expeditions,
information about the guiding team and their experience is sent to the
participants in advance. (17)
Each participant shall also ensure that his/ her experience (duly
supported by documentation /Photograph), medical history etc. is truthfully
revealed to the Operator, so that the Operator can make an informed choice
about the potential participants. (18)
The Operator will maintain the following documentation: (19)
details of all Guides and Instructors including copies of
certifications, record of trekking experience and feedback from Participants; (20)
copies of all Permits and Permissions of proposed trekking
expeditions; (21)
copies of identification documents, insurance cover and details of
next of kin for all participants, guides and instructors; (22)
copy of Standard Operating Procedure (SOP) ; and (23)
current list of emergency contact numbers. Emergency Action Plan for
the particular trek. (24)
The trekking Operator shall arrange the following trekking equipments
certified by Bureau of Indian Standards (B.I.S) or international Standard:-- 10
mm climbing rope, min 100 feet in length - Rappelling Rope
- Helmet - Carabiner - Seat Harness -
Mittens - Descender -
Pulleys - Stretcher - Tents, Sleeping
Bags & Kitchen Utensils - First Aid Box with Oxygen Cylinder - Pulse Oxymeter
- Ice axe - Medical kit with life saving drugs - Evacuation of
distressed trekkers by helicopters to be on priority. Insurance to cover
helievacuation. - GPS based devices for treks involving more than one day stay (25)
The Operator will adhere to the following instructions to clean the
environment:- (a) the trekker/
trekkers must bring his/her own cutlery and water bottle to avoid use of
disposals; (b) the trekkers must
take all the waste generated by him back to the nearest cities/ towns.
Mountains do not have any exit for this waste; (c) the trekkers will
collect waste found on the trail. Help take it out of the Mountains and to a
proper disposal units in the city/town; (d) the trekkers must
ensure to use organic toiletries to stay chemical free on the trek; (e) the trekkers must
ensure that washing areas and toilets must be atleast 100 meter away from water
source; and (f)
campsite must be at least 50 meter away from water source. 3.
Safety Measures for Bungee Jumping :- (1) The operator
shall ensure that jump staff particularly the jump masters should be properly
trained, high level of physical fitness and have vast experience in this
activity. (2) Body &
Ultra-lite (B & UL) harness, carabiners & other equipment used for
bungee jump should be certified and procured from reputed companies and should
be of sound construction and suitable for this use. Mountaineering equipment
from reputed suppliers is appropriate and carabiners should be of the screw
gate type. The equipments should be stored and maintained properly with regular
inspection of the equipment as per the safety manuals. Daily, weekly and yearly
inspection should be carried out and recorded with record of all inspections
should be entered in the safety log to be maintained at the site. The Technical
Committee shall inspect the records of all inspections along with the
equipments during its inspection. (3) All parts of the
jump line must be in duplicate. This extends from the connection of the bungee
to the jumper and the connection to the structure at the other end of the line.
Normally the jumper should have an attachment to ankle straps and another to a
body or seat harness. (4) Bungee records
should be made by the jump masters and certified. The operator shall maintain
record of each jump. (5) The operator
shall ensure the following documents are maintained at the expedition site: - Record of
equipment - Safety log - Maintenance log - Record of
rubber or the Rope Log book - Jump log - Incident folders - Medical Record - First Aid Kit
Record - Insurance Record - Staff training record. - Dossier of Jumpmaster/Instructor/Guide (6) The bungee
jumping shall be restricted to 12-55 years with minimum weight allowed for a
jump is 40 kgs and maximum weight allowed is 110 kgs.At least 2 braided ropes
should be used and matched to the weight of the jumper, they should be to BS 3F
70 1991 specification for heavy duty braided rubber cord, or to a demonstrably
similar standard. However for the unbraided rope only one is adequate because
of the in-built redundancy from its structure of approximately one thousand
individual stands bound together. Each rope should have an examiners
certificate from an independent source and be selected according to the weight
of the jumper.There should be a dead weight drop test for the whole line at the
beginning of the day to ensure its integrity. (7) The
guide/instructor/jump master shall personally give safety briefing to all the
participants. The safety measures should also be displayed at a number of
places prominently. (8) For avoiding
distraction and also for safety of the participants and spectator strict
control should be made at the site wherein, they will be excluded from the jump
zones. (9) The operator
shall ensure that each participant, instructor/ guide/ jump master is covered
with life insurance for minimum for Rs. 2.00 lakhs and rescue insurance for Rs.
2.00 lakhs (total Rs. 4.00 lakhs insurance). (10) The operator
shall ensure that bungee jumping activity is carried out only between 09.00 AM
to 06.00 PM in good daylight. (11) The operator
shall ensure that the medical requirements for the bungee jumping are briefed
personally to all the participants and also displayed at the site. All the jumpers/
participants shall sign the Fitness Certificate. Medical restrictions for
bungee jumping include: Heart problem, High blood pressure, Neurological
disorder, Spondylitis, Back issues, Recent fracture, Surgery or
Hospitalisation, Epilepsy, Osteoporosis and Pregnancy etc. (12) The operator
shall have a Jumpmaster/ Instructor/ Guide who would be the overall incharge of
the site. 4.
Safety Measures for Rock Climbing/Artificial Wall Climbing and
Rappelling:- (1) The operator
shall ensure that guides and instructors who are supervising climbing and
rappelling activities should hold valid certificates for the following:- (a)
a minimum 8 hour (1 day) first aid course provided by a recognised and
qualified provider; and (b)
basic Mountaineering Course from Atal Bihari Vajpayee Institute of
Mountaineering and Allied Sports, Manali, H.P. or Himalayan Mountaineering
Institute, Darjeeling or Nehru institute of Mountaineering, Uttrakashi or
Jawahar Institute of Mountaineering and Winter Sports Pehlgam or any recognized
National or State Institute and be certified by a MOI Qualified Instructor to
have assisted climbing and rappelling activities for a minimum of 100 hours or
Indian Mountaineering Foundation (IMF) recognised Sports Climbing Instructors
course or should have sufficient experience certified by suitably qualified
Coaches/Instructors duly recognised by above institutes. (2) The operator
shall ensure that the climbing and rappelling equipments are rated by the
manufactures and have a quantifiable safe working load. As a minimum standard
for such systems, operators must adhere to a safety factor of 3 in accordance
to the operators weight limitations. In addition, fixed protection systems must
be proven to withstand 10 QN (1 ton) without displaying any visible deformation
or damage. In order to fully understand appropriate fixed anchor/protection
systems an operator must also have sound knowledge of static/ dynamic load and
fall factors. (3) The operator
shall use the rated and quality assured Personal Protective Equipment (PPE)
with internationally recognised safe working load of 25QN (2.5 tons). (4) For the use of
the rope the operator shall consult the manufacturers manual to ascertain its
intended use. Rope with less than safe working load of 25QN (5) (2.5 tons) and
Conformite Europee Mark (CE) approval which is not designed specifically for
the use of climbing and rappelling activities must never be used for this
purpose. (6) The operator and
instructor/ guide must have a complete and sound knowledge of the hardware like
carabiners, belay devices etc. which should have a safe working load of 25QN
(2.5 tons) and CE approval. (7) The operator
shall ensure that all equipment subject to wear and tear and must be checked
before every use; (8) The Technical
Committee shall carry out the inspection of the equipments etc. once a year in
accordance with the operations procedures of the adventure sport and risk
assessments. The operator shall ensure that all harnesses are properly fitted
and checked by a qualified instructor/ guide/ leader to ensure that they are
fitted correctly prior to leaving the ground and being exposed to a potential
fall. (9) It is the
responsibility of the operator to ensure that a helmet is used in every
operation. (10) The operator
shall ensure that following minimum requirement and standards are applied to
all climbing and rappelling activities :- (a)
that the Anchor is permanent fitted with the intention to be used for
this particular activity and has been tested to withstand a minimum of 10 QN (1
ton). (b)
that the rope is a climbing rope that has been made by an approved
manufacturer and is the correct type of rope for this particular activity. The
rope should not show any signs of damage or deformity i.e. excessive
"fluffing", cuts,rips or tears, thin bits, fat bits etc. (c)
that the carabiners and slings are used for the purpose of climbing
and rappelling only and there are no signs of damage, deformity or wear and
tear; (d)
that the knots should be correct and are double-checked before
exposing anyone to a potential fall; (e)
for the harness it should not be damaged, deformed or suffer from wear
and tear; and (f)
that the belay device should be fitted correctly and the belayer knows
how to use the device. (11) The participants
below the age of 10 should not be allowed to participate in the climbing or
rappelling activities. All the participants should be briefed about the risk
involved in the activity and their physical fitness must be considered before
participating in the activities. Persons who are Heart Patients, those with
Spinal issues Neurological disorders Osteoporosis, recent surgery or any other
medical issue of concern, expecting mothers and under age children will not be
allowed to undertake the activity. It is also recommended that epilepsy and
asthmatic patients (without inhalers), avoid this activity. (12) the Operator will
maintain the following documentation:- (a) Documents
regarding associated equipment purchase, including warranty, service and
maintenance history documentation. (b) Documented
installation/structure checks (c)
Logbook of
instructor training and qualifications (d) Valid first aid/
Cardio Pulmonary Resuscitation (CPR) certificate (e)
Emergency Action
Plan (13) The operator
shall ensure that all the leaders/instructors/guides are trained in
emergency/evacuation procedures. (14) All instructors
and guides should give a thorough safety briefing to all the participants of
climbing and rappelling activities. 5.
Safety measures for River Crossing/Zipline/Flying Fox.- (1)
All the guides or instructors involved in River Crossing/ Zipline/
Flying Fox have the right combination of training and experience to carry out
the following tasks: (a)
Provide participants with the information required to ensure that the equipment
and elements are to be used correctly. (b) Check that participants use the right
equipment (c)
Ensure that the operators safety instructions are complied with Carry
out a mid-span rescue, safely bringing a participant back to the ground within
30 minutes; or alert an on site rescuer. (d) Provide assistance with First Aid,
including stretcher evacuation if required (2)
The operator will ensure that river crossing/zipline/ flying fox are
only undertaken by those who are physically and mentally able to comply with
the safety requirements so specified.The sports shall not be undertaken by
persons suffering or experiencing,- (a) Asthma (without
inhalers) (b)
High Blood
Pressure (c) Heart disease or
recent open heart surgery (d)
Diabetes (e) Knee related
problems (f) Spinal issues (g) Severe allergies (h)
Recent surgery/
hospitalization (i)
Any other ailments of a serious nature (j)
Pregnancy (expecting mothers should not participate in the activity) (3)
For the choice of site w.r.t. river crossing /zipline/flying fox,
these shall be located in an area of reasonable operating safety; it shall be
possible to evacuate participants from any part of the course. (4)
The materials used for the activity shall be fit for purpose and
conform to the following:- (a)
timber parts shall be designed in such a way that precipitation can
drain off freely and water accumulation can be avoided. Metal parts shall be
weather proofed against atmospheric conditions. Wire rope inspections and
discard criteria shall conform to ISO 4309; (b)
all wire rope terminations shall conform to EN13411 Parts 1-7. The
number of wire grips shall depend on the nature and diameter of the wire rope
and the types of wire ropes and grips used. Points of attachment on wire ropes
may create local fatigue and shall be given special attention during
inspections; (c)
all wire activities shall be designed with consideration for the size
and body weight of the participants. The dynamic load (generated by a falling
participant) shall not exceed 6 QN. Installations using self-belay systems made
out of steel wire rope shall be calculated using safety factor 3.0 in relation
to the ultimate load; (d)
for the support system artificial and/or natural structure intended
for installation of activity and safety systems shall have the stability and
resistance appropriate for the load calculated; (e)
the safety connection between the participant and the zip wire shall
be made with the appropriate personal protective equipment (PPE); (f)
wire ropes shall have no exposed broken wire ends within the reach of
the participants. If any part of the zip wire and landing area is not visible
from the start point, a departure regulation system shall be used. If
participants are required to brake actively during the descent; a passive
braking system (e.g.gravity, buffer, bungee, net) shall always be in place; and (g)
when participants feet are more than 1.0m from the ground, a safety
system shall be in place which should be both collective (e.g. railings, landing
mats, belay anchor) or individual (e.g. safety harness & belay to fall
arrest device). (5)
The Technical Committee shall before a site is approved for the river
crossing/zipline/ flying fox will ensure that visual inspection, functional
inspection, design validation, documentation including structural analysis with
date and location of inspection is carried out by the committee with the
notification of result of inspection and details of any defects detected. (6)
For the regular operation the equipment including PPE (Personal
Protective Equipment) and its components should be inspected or maintained as
follows:- (a)
Routine visual
check - before each opening (by the operator). (b) Operational
inspection - every 1-3 months (by Department of Tourism). (c) Periodical
inspection -at least once per year by the Technical Committee which include:
visual inspection, functional inspection, determination of replacement state of
worn parts, inspection including manufacturers instructions for maintenance. (d) A personal
protective equipment inspection register is required for each set of devices. (7)
The operator shall ensure that all participants are required to wear
Personal Protective Equipment (PPE) while engaged in the adventure activities.
The PPE should include ,- (a)
Rock climbing
seat harness (b)
Additional chest
harness or full body harness where appropriate (c) Two points of
attachment (e.g. lanyards & screw gate carabiners) to the safety system (d) All Personal
Protective Equipment (PPE) shall conform to Union Internationale des
Associations d Alpinisme. (International Union of Alpine Clubs) (UIAA) or
EN/Conformite Europee Mark (CE) standards. (8)
Before commencing an activity all participants shall be informed of
the safety instructions, which should include ,- (a) explanation of
the activity and inherent risks ; and (b) explanation and
demonstration of the equipment including PPE when required (9)
The operator shall ensure that following documentation are available
on site :- (a)
name and address of owner and operator; (b)
document indicating the annual inspections carried out by Technical
Committee; (c) list of site personnel and their job
titles ; (d)
evidence of public and other liability insurance; (e)
log book containing the daily operation sheets (including faults
observed during inspections at opening and closing, relevant events concerning
safety). These need to be kept for three years ; (f)
accident and incident report sheets ;personal protective equipment
inspection register and operation log ; (g)
risk assessment and management plan - drawn up by the zip line course
operator; (h)
manufacturers product manual ; (i) rescue and emergency plan ; and (j)
current inspection report. (10)
All guides/participants must have a life jacket on all times while participating
in river crossing activity. The life jacket must have adequate buoyancy
(minimum of 6.14 kg and preferable 9-10 kg) must be the proper type (U.S. Coast
Guard Type-III or V /Committee of European Norms (C.E.N) / International
Organization for Standardization (ISO) with a provision of ensuring a snug fit
by straps etc. and the life jacket must be worn correctly. Inflatable life
jacket and the Keyhole type jackets should not be allowed. Guides must ensure
that the lie jackets are fastened in a secure manner before the start of trip. (11)
The operator shall adhere to relevant provisions of Himachal Pradesh
Aerial Ropeway Act, 1968. 6.
Safety measures for Hot Air Ballooning.- (1)
Adventure activity where any kind of aircraft, balloon, glider etc. to
be carried out and appropriate clearances from Director General of Civil
Aviation (DGCA) and necessary notification to Indian Air Force Identification
Agencies (ADIA) is mandatory. The following may be emphasized before clearance/
license to operate such activities are issued,- (a)
NOTAM.-To conduct the flying / air adventure activities, it is
mandatory to inform the concerned civil aviation agencies such as Director
General Civil Aviation (DGCA) so that the nature of the flying activity may be
known for safe and smooth conduct of flying activities; and (b)
Air Defence Identification Agency Clearance.-There is an inescapable
requirement for such operators/ flying schools/air adventure clubs to intimate
their flight plan to concerned Air Defence Identification Agency (ADIA) with
all necessary details- height, duration of flight, area of operation etc. for
issuance of Air Defence Clearance, prompt identification of the aerial object
and effective air space management without jeopardizing flight safety. (2)
To fly Hot Air Balloons one must have a Balloon Pilot License issued
by Director General Civil Aviation (DGCA). If an operator employs Foreign
Pilots then those Pilots must have a Valid FATA (Foreign Aircrew Temporary Authorization)
which is issued by Director General Civil Aviation (DGCA). As part of all Pilot
license requirements, every Pilot must be having a Medical Certificate endorsed
by the relevant Civil Aviation Authority. (3)
The operator shall ensure that the following Instruments &
Equipments are carried by Balloons in flight:- (a)
hand fire extinguisher of an approved type, in the main compartment
carrying personnel; (b)
safety harness for each personnel on board. The harness for each
person need not be provided for gondola or basket type of balloons; (c) a compass, an altimeter, a rate of climb
indicator; (d)
first Aid Kit (as per CAR Series X, Part III); (e) a fuel quantity gauge; (f)
an envelope temperature indicator; (g) 3 separate ignition sources; (h)
two way R/T Communication and Global Positioning System (GPS)
Equipment; and (i)
flight Manuals, Operations manual and all other relevant manuals as
specified by Director General Civil Aviation. (4)
As the Balloons are certified aircraft and, as such, are regulated by
the Director General Civil Aviation (DGCA). They must meet manufacturing standards
and are subject to periodic inspections, just like a commercial aircraft. All
Balloons must be registered with the Director General Civil Aviation (DGCA) and
its registration no. displayed on the Balloon; (5)
On the basis of Manufacturer Maintenance Manual, operators need to
prepare an Aircraft Maintenance Program (AMP) which must be approved by the
Director General Civil Aviation (DGCA); (6)
The following documentation is required to be maintained by the
operator,- (a)
details of owner
and operator; (b) document
indicating the annual inspections carried out by an inspecting body; (c)
list of Pilots
along with copies of relevant certifications; (d) copies of public
and other liability insurance (pilot, participants and third part); (e) copies of
Permission from Airports Authority and local authorities; (f) log book containing the daily operation
sheets; (g)
accident/
incident report sheets; (h)
flight and
operations log; (i)
passenger Manifest Sheets; (j) risk assessment and management plan; (k) emergency
procedures manual and Manufacturers product manual; and (l) current inspection report. (7)
The pilot incharge shall brief the participants (Pre-flight passenger
briefing)for the following :- (a)
description of the activity; (b)
safety instructions; (c)
weather, Medical and Age restrictions; and (d)
information relating to personal public liability insurance of the
operator. The operator shall ensure that every pilot and passenger thoroughly
understand emergency procedures. As per Director General Civil Aviation (DGCA)
guidelines all Hot Air Balloons must have comprehensive insurance that includes
coverage of all passengers, Pilot and third party liability. As a matter of
Best Practice, all commercial operators should expect every passengers to have
a basic level of general health and physical well being, to include:- (e)
no recent surgery; (f)
no known significant hip, knee, neck or back problems; (g)
no recently broken bones; (h)
not currently pregnant; (i)
ability to stand for at least 1 hour without rest; (j)
must be at least 5 years of age; and (k)
not under the influence of alcohol or drugs at the time of flight. The
Pilot is responsible to assess the medical condition of all passengers before
boarding a Hot Air Balloon Flight and the Pilot and the operator reserves the
right to refuse any passenger to fly if they believe that they are not
medically fit to fly. (8)
For the commercial operations of Hot Air Balloons, an Operator must
have a valid Air Operator Permit (AOP) as issued by Director General Civil
Aviation (DGCA). All Balloon Organizations have to be approved by Director
General Civil Aviation (DGCA) under Aircraft Maintenance Organization (AMO) as
per CAR-145 and Continuing Air worthiness Management Organization (CAMO) as per
CAR-M, Sub-Part G; (9)
A Technical log in respect of each balloon indicating details of every
flight, like the date of flight, lift off time, total flight time,the places of
departure and arrival, shall be maintained. The entries in the log book shall
be certified by the pilots undertaking the flights. A Balloon log book shall be
maintained by every operator to keep a record of the flying hours of a Balloon
and the modification and other repair work carried out on the balloon. (10)
During the flight operations following documents would be carried on
board of the Balloon:- (a) Technical Log (b)
Certificate of
Release to Service (CRS) (c) Certificate of
Air worthiness (C of A) (d)
Air worthiness
Review Certificate (ARC) (e)
Certificate of
Registration (C of R) (f) Appropriate license for the Pilot (g)
Weight Schedule, duly approved by Director General Civil Aviation
(DGCA) 7. Guidelines for Fun Parks having Joy Rides.-For the operators engaged
in the establishment Fun Parks having Joy Rides a separate sub-committee shall
be formed to inspect the equipment(s) on quarterly basis so that safety of the
participants could be ensured. This committee shall comprise of the following
members:- (i) Sub-Divisional Officer (Civil) concerned Chairman; (ii) Representative
of Executive Engineer, HPPWD (Mechanical Concerned area) Member; (iii) Representative from Police Department and not less than ASI??????? Member; (iv) Deputy
Director Tourism/ District Tourism Development????? Member Secretary" Officer/Assistant Tourist
Development Officer.Himachal
Pradesh Miscellaneous Adventure Activities (Amendment) Rules, 2021