Jammu and Kashmir Gazette, No. 3, 17 April 2014

REGD . NO . JK-33 EXTRAORDINARY

JAMMU & KASHMIR

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 51-5 Jammu , Sat. , the 22nd March , 2014 / 1st Chai . , 1936.

Vol . 126]

Separate paging is given to this part in order that it may be filed as a separate compilation .

PART III

Laws , Regulations and Rules passed thereunder .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Jammu , the 22nd March , 2014 .

The following Act as passed by the Jammu and Kashmir State Legislature received the assent of the Governor on 22nd March , 2014 and is hereby published for general information : -

THE JAMMU AND KASHMIR CRIMINAL LAWS ( AMENDMENT ) ACT , 2013

(Act No. XI of 2014)

[22nd March , 2014. ] An Act to amend the Ranbir Penal Code , Samvat 1989 , the Code of Criminal Procedure , Samvat 1989 and the Evidence Act , Samvat 1977 .

The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 . [No.51-5

De it enacted by the State Legislature in Sixty- fourth year of Republic of India as follows :-

CHAPTER I

Preliminary

1. Short title and commencement . ( 1 ) This Act maybe called the Jarimu and Kashmir Criminal Laws (Amendment) Act , 2013 .

(2) It shall come into force from the date of its publication in the Govt Gazette .

CHAPTER 11 Amendmers to the Ranbir Penal Code

2. Amendment of section 29 -A , Act No. XII of Samvat 1989.-In the State Fanbir Penal Code ( hereafter in this Chapter referred to as the " Penal Code " ) , the full stop at the end of the said section shall be omitted and thereafter following shall be added , naniciy : -

" and computer resource shall have the meaning assigned to them in clause ( k ) of sub - section ( 1 ) of section 2 of Information Technology Act , 2000. "

3. Amendment of section 100 , Act XII of 1989. In section 100 of the Penal Code , after clause Sixthly, the following clause shall be inserted , namely :-

" Seventhly.- An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. "

4. Insertion of sections 166A and 166B , Act XII of 1989 .-- After section 166 of the Penal Code , the following se : ions shall be inserted , namely :--

" 166A . Public servant disobeying direction under law.- Whoever, being a public servant ,-

( a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place 3 No. 51-5 ] The J & K Govt. Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

of any person for the purpose of investigation into an offence or any other matter : or

(b ) knowingly disobeys , to the prejudice of any person , any other direction of the law regulating the manner in which he shall conduct such investigation : or

(c) fails to record any information given to him under sub- section ( 1 ) of section 154 of the Code of Criminal Procedure , Samvat 1989 ( 1933AD ) in relation to cognizable offence punishable under section 326A , section 326B . section 354 , section 354B , section 370 , section 370A , section 376 , section 376A , section 376B , rection 376C , section 376D , section 376E or section 509 ;

shall be punished with imprisonment for a term which may extend to one year and with fine.

166B . Punishment for non- treatment of victim.--Whoever , being incharge of a hospital , public or private , whether run by the Central Government , the State Government , I ocel Bodies or any other person , contravenes the provisions of section 545C of the Code of Criminal Procedure , Samvet 1989 , shall be punished with imprisonment for a term which may extend to one year or with fine or with both . "

5. Amendment of section 228A , Act XII of 1989 .-- In section 228A of the Penal Code , for the words , figures and letters , " section 376 , 376 - A, 376 - B , 376-C or 376 - D " , the words , figures and letters " section 376 , 376A , 376B , 376C, 376D or 376E " shall be substituted .

6. Amendment of section 294. In section 294 of the Penal Code for the words , " shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both " , the words , " shall be punished with 4

The J& K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936. [No. 51-5

imprisonment of either description for a term of six months which may extend to three years and shall also be liable to fine , " shall be substituted .

7. Insertion of section 304- B, Act XII of 1989. After section 304 - A of the Penal Code , the following section shall be inserted namely :

" 304 - B . Dowry death . ( 1 ) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with , any demand for dowry, such death shall be called " dowry death " , and such husband or relative shall be deemed to have caused her death .

Explanation 1 :-For the purpose of this sub - section , " dowry " shall have the same meaning as in section 2 of the Dowry Restraint Act , 1960 A.D.

Explanation 2 :-For the purpose of this sub- section , " cruelty " shall have the same meaning as in section 498 -A of this Code .

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life . "

8. Insertion of sections 326A and 326B, Act XII of 1989.- After section 326 of the Penal Code , the following sections shall be inserted , namely :-

" 326A. Voluntarily causing grievous hurt by use of acid , etc.-Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables , any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person , or by using any 5 No. 51-5 ] The J& K Govt . Gazette, 22nd March , 2014 / 1st Chai . , 1936.

other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt , shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees :

Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was administered .

326B . Voluntarily throwing or attempting to throw acid , etc.-Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person , or attempts to use any other means , with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person , shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years , and shall also be liable to fine .

Explanation 1 :-For the purposes of section 326A and this section , " acid " includes any substance which has acidic or corrosive character or burning nature , that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.

Explanation 2 :-For the purposes of section 326A and this section , permanent or partial damage or deformity shall not be required to be irreversible . "

9. Amendment of section 354, Act XII of 1989. In section 354 of the Penal Code , for the words " shall be punished with imprisonment of either description for a term which may extend to two years , or with fine , or with both " , the words " shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to fine " shall be substituted .

6 The J & K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936. [No. 51-5

10. Insertion of sections 354A , 354B, 354C and 354D , Act XII of 1989. After section 354 of the Penal Code , the following sections shall be inserted , namely :-

" 354A . Sexual harassment and punishment therefor.- ( 1 ) A man committing any of the following acts ,-

5 ( i ) physical contact and advances involving unwelcome and explicit sexual overtures ; or

( ii ) a demand or request for sexual favours ; or

(iii ) forcibly showing pornography ; or

(iv) making sexually coloured remarks ; shall be guilty of offence of sexual harassment .

(2 ) Any person who commits the offence specified in clause ( i) or clause ( ii ) or clause ( iii ) of sub - section ( 1 ) shall be punished with rigorous imprisonment which may extend to three years and with fine .

(3 ) Any person who commits the offence specified in clause ( iv) of sub - section ( 1 ) shall be punishable with imprisonment of either description which may extend to one year and with fine .

354B . Assault or use of criminal force to women with intent to disrobe . Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked , shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and with fine .

354C . Voyeurism .-Any man who watches , or captures the image of, a woman engaging in a private act in circumstances where she would usually have the expectation of not being 7 No. 51-5 ] The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year , but which may extend to three years , and shall also be liable to fine , and be punished on a second or subsequent conviction , with imprisonment of either description for a term which shall not be less than three years , but which may extend to five years , and shall also be liable to fine .

Explanation 1 :-For the purposes of this section , " private act " includes an act of watching carried out in a place which , in the circumstances , would reasonably be expected to provide privacy, and where the victim's genitals , posterior or breasts are exposed or covered only in underwear ; or the victim is using a lavatory ; or the victim is doing a sexual act that is not of a kind ordinarily done in public .

Explanation 2 :-Where the victim consents to the capture of images or any act , but not to their dissemination to third persons and where such image or act is disseminated , such dissemination shall be considered an offence under this section .

354D. Stalking .( 1 ) Any man who ,-

(i ) follows a woman and contacts , or attempts to contact such woman to foster personal interaction repeatedly, despite a clear indication of disinterest by such woman ; or

(ii ) monitors the use by a woman of the internet , e - mail or any other form of electronic communication ,

commits the offence of stalking :

Provided that the course of conduct will not amount to stalking if the man who pursua it proves that-

(i ) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted 8

[No. 51-5 The J& K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936.

with the responsibility of prevention and detection of crime by the State ; or

( ii ) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law ; or

(iii) in the particular circumstances reasonable and justified . such conduct was

(2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to three years , and shall also be liable to fine ; and be punished on a second or subsequent conviction , with imprisonment of either description for a term which may extend to five years and shall also be liable to fine .

11. Substitution of sections 370 and 370A for section 370, Act XII of 1989.-For section 370 of the Penal Code , the following sections shall be substituted , namely :-

" 370. Trafficking of person . ( 1 ) Whoever , for the purpose of exploitation , ( a ) recruits , ( b ) transports , ( c ) harbours , ( d ) transfers , or ( e ) receives , a person or persons , by-

First .-using threats ; or

Secondly. using force , or any other form of coercion ; or

Thirdly. by abduction ; or

Fourthly.by practising fraud , or deception ; or

Fifthly. by abuse of power ; or

Sixthly .by inducement , including the giving or receiving of payments or benefits , in order to achieve the consent 9 No. 51-5 ] The J & K Govt . Gazette, 22nd March , 2014/ 1st Chai . , 1936 .

of any person having control over the person recruited, transported , harboured, transferred or received ,

commits the offence of trafficking .

Explanation 1 :-The expression " exploitation " shall include any act of physical exploitation or any form of sexual exploitation , slavery or practices similar to slavery , servitude , or the forced removal of organs .

Explanation 2 :-The consent of the victim is immaterial in a determination of the offence of trafficking .

(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than three years , but which may extend to seven years , and shall also be liable to fine .

(3 ) Where the offence involves the trafficking of more than one person , it shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years , and shall also be liable to fine .

(4 ) Where the offence involves the trafficking of a minor , it shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine .

(5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend fifteen years and shall also be liable to fine.

(6) If a person is convicted of the offence of trafficking of minors , on more than one occasion , then such person shall be punished with imprisonment for life , which shall mean imprisonment 10

[No. 51-5 The J& K Govt. Gazette , 22nd March , 2014 / 1st Chai . , 1936.

for the remainder of that person's natural life and shall also be liable to fine up to Rupees two lakhs .

(7 ) When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life , which shall mean the remainder of that person's natural life and shall also be liable to fine up to Rupees one lakh .

370A . Exploitation of a trafficked person .-( 1 ) Whoever, knowingly, or having reason to believe that a minor has been trafficked , engages such minor for sexual exploitation in any manner , shall be punished with rigorous imprisonment for a term which shall not be less than five years , but which may extend to seven years , and shall also be liable to fine .

(2) Whoever , knowingly by or having reason to believe that a person has been trafficked , engages such person for sexual exploitation in any manner , shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to three years , and shall also be liable to fine ."

12. Substitution of sections 375, 376, 376-A , 376-B, 376-C and 376-D, Act XII of 1989.- For sections 375 , 376 , 376 - A , 376 - B , 376 - C and 376- D of the Penal Code , the following sections shall be substituted , namely :-

" 375. Rape . A man is said to " commit " rape " if he ,-

( a) penetrates his penis , to any extent , into the vagina , mouth urethra or anus of a woman or makes her to do so with him or any other person ; or

(b) inserts , to any extent , any object or a part of the body, not being the penis , into the vagina , the urethra or anus of a woman or makes her to do so with him or any other person ; or 11 No. 51-5 ] The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina , urethra , anus or any part of body of such woman or makes her to do so with him or any other person ; or

(d) applies his mouth to the vagina , anus or urethra of a woman or makes her to do so with him or any other person ,

under the circumstances falling under any of the following seven descriptions :

First.-Against her will ;

Secondly. Without her consent ;

Thirdly. With her consent when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt ;

Fourthly. With her consent , when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married ;

Fifthly. With her consent when , at the time of giving such consent , by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance , she is unable to understand the nature and consequences of that action to which she gives consent ;

Sixthly. With or without her consent , when she is under eighteen years of age ;

When she is unable to communicate consent .

Seventhly.

Explanation 1 :-For the purposes of this section , " vagina " shall also include , labia majora .

Explanation 2 : Consent means an unequivocal voluntary agreement when the woman by words , gestures or any form of verbal 12

[No. 51-5 The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936.

or non - verbal communication , communicates willingness to participate in the specific sexual act :

Provided that , a woman who does not physically resist to the act of penetration shall not by the reason only of that fact , be regarded as consenting to the sexual activity.

Exception 1 :-A medical procedure or intervention shall not constitute rape .

Exception 2 : Sexual intercourse or sexual acts by a man with his own wife , the wife not being under fifteen years of age , is not rape .

376. Punishment for rape .-( 1 ) Whoever , except in the cases provided for by sub- section ( 2 ) , commits rape , shall be punished with rigorous imprisonment of either description for a term which shall not be less than eight years , but which may extend to imprisonment for life , and shall also be liable to fine .

(2) Whoever, -

(a) being a police officer , commits rape-

(i ) within the limits of the police station to which such police officer is appointed ; or

(ii) in the premises of any station house ; or

(iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer ; or

(b ) being a public servant , commits rape on a person in such public servant's custody or in the custody of a public servant subordinate to such public servant ; or

(c) being a member of the armed forces deployed in an area by the Central or the State Government , commits rape in such area ; or 13 No. 51-5 ] The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

(d) being on the management or on the staff of a jail , remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution , commits rape on any inmate of such jail , remand home, place or institution ; or

(e) being on the management or on the staff of a hospital , commits rape on a woman in that hospital ; or

( f) being a relative , guardian or teacher of, or a person in a position of trust or authority towards , the woman assaulted , commits rape on such woman ; or

(g) commits rape , during communal or sectarian violence ; or

(h) commits rape , on a woman knowing her to be pregnant ; ог

(i ) commits rape , on a woman when she is under sixteen years of age ; or

(j ) commits rape , on a woman incapable of giving consent ; ог

(k) being in a position of control or dominance over a woman , commits rape on such woman ; or

( 1 ) commits rape , on a woman suffering from mental or physical disability ; or

(m) while committing rape , causes grievous bodily harm or maims or disfigures or endangers the life of a woman ; or

(n) commits rape repeatedly on the same woman ,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life , which shall mean imprisonment for the remainder of that person's , natural life , and shall also be liable to fine.

14 The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 . [No.51-5

Explanation :-For the purposes of this sub - section ,-

(a ) " armed forces " means the naval , military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force , including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government .

( b ) " hospital " means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation or medical examination or pathological tests ;

( c ) " police officer " shall have the same meaning as assigned to the expression " police " under the Police Act , Samvat 1983 ;

(d) " women's or children's institution " means an institution , whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name , which is established and maintained for the reception and care of women or children.

376A . Punishment for causing death or resulting in persistent vegetative state of the victim . Whoever , commits an offence punishable under sub- section ( 1 ) or sub- section ( 2 ) of section 376 and in the course of such commission inflicts an injury which causes the death of woman or causes woman to be in a persistent vegetative state , shall be punished with rigorous imprisonment for a term which shall not be less than twenty five years , but which may extend to imprisonment for life , which shall mean the imprisonment for the remainder of that person's natural life , or with death .

376B . Sexual intercourse by husband upon his wife during separation .- Whoever commits sexual intercourse on his own wife , who is living separately, whether under a decree of 15 No. 51-5 ] The J & K Govt . Gazette, 22nd March , 2014 / 1st Chai . , 1936 .

separation or otherwise , without her consent , shall be punished with imprisonment of either description , for a term which shall not be less than one year but which may extend to three years , and shall also be liable to fine .

Explanation :-In this section , " sexual intercourse " shall mean any of the acts mentioned in clauses ( a) to (d ) of section 375 .

376C . Sexual intercourse by a person in Authority.- Whoever,-

(a ) being in a position of authority or in a fiduciary relation- ship ; or

(b) a public servant ;

(c) superintendent or manager of a jail , remand home or other place of custody established by or under any law for the time being in force , or a women's or children's institution ; or

(d) being on the management of a hospital or being on the staff of a hospital ,

abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him , such sexual intercourse not amounting to the offence of rape , shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life , which shall mean the remainder of natural life of the person and shall also be liable to fine .

Explanation 1 :-In this section , " sexual intercourse " shall mean any of the acts mentioneu in clauses ( a ) to ( d ) of section 375 .

Explanation 2 :-For the purposes of this section , Explanation 1 to section 375 shall also be applicable .

[No. 51-5 16 The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

Explanation 3 :-" Superintendent " , in relation to a jail , remand home or other place of custody or a women's or children's institution , includes a person holding any other office in such jail , remand home , place or institution by virtue of which such person can exercise any authority or control over its inmates .

Explanation 4 :-The expressions " hospital " and " women's or children's institution " shall respectively have the same meaning as in Explanation to sub - section ( 2 ) of section 376 .

376D . Gang rape .- Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention , each of those persons shall be deemed to have committed the offence of rape , and shall be punished with rigorous imprisonment for a term which shall not be less than twenty five years , but which may extend to life which shall mean imprisonment for the remainder of that person's natural life and with fine :

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim :

Provided further that any fine imposed under this section shall be paid to the victim .

376E . Punishment for repeat offenders . Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life , which shall mean imprisonment for the remainder of that person's natural life or with death .

376F . Cancellation of driving licence . ( 1 ) The licence of the accused of rape or an offence under section 294 shall stand suspended from the date the accused is challaned in a competent court of law till the announcement of the judgment .

17 No. 51-5 ] The J& K Govt. Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

(2) Any person found guilty of offences mentioned in sub - section ( 1 ) shall have no right to drive any vehicle in the State and his licence shall stand cancelled on conviction .

13. Amendment of section 509, Act XII of 1989. In section 509 of the Penal Code,-

( i ) after the words " or exhibits any object " , the words " or transmits through SMS or e - mail any obscene song , ballad words or any abusive language " shall be inserted ; and

(ii ) for the words " shall be punished with simple imprisonment for a term which shall not be less than six months but which may extend to two years and with fine upto 200 rupees " the words " shall be punished with simple imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine " shall be substituted .

CHAPTER III

Amendments to the Code of Criminal Procedure , Samvat 1989 ( 1933 A.D )

14. Insertion of sections 53A , 53B, 53C and 53D , Act XXIII of 1989. After section 53 of the Code of Criminal Procedure , Samvat 1989 ( hereinafter in this Chapter referred to as the " Code of Criminal Procedure " ) , the following sections shall be inserted :-

" 53A . Examination of accused by medical practitioner at the request of police officer. ( 1 ) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances , that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an 18

[No. 51-5 The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936.

offence , it shall be lawful for a registered medical practitioner, acting , at the request of a police officer not below the rank of sub - inspector , and for any person acting in good faith in his aid and under his direction , to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence , and to use such force as is reasonably necessary for that purpose .

( 2) Whenever the person of a female is to be examined under this section , the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

The word , " Person " use in this sub - section applies only to those parts of the body the expose which would violate a woman's modesty.

Explanation :-In this section and in sections 53B and 53C ,-

(a) " examination " shall include the examination of blood , blood stains , semen , swabs in case of sexual offences , sputum and sweat , hair samples and finger nail clippings by the use of inodern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case ;

(b) " registered medical practitioner " means a medical

Act , 1956 and whose name has been entered in a State practitioner wito possess any medical qualification as defined in clause ( h ) of section 2 of the Medical Council Medical Register .

53B . Examination of person accused of rape by medical practitioner.-( 1 ) When a person is arrested on a charge of committing an offence of rape or an attempt to commit offence of rape and there are reasonable grounds for believing that his examination will afford evidence as to the cominission of such offence , it shall be lawful for a registered medical practitioner 19 The J & K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936.

No. 51-5 ]

employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner , acting at the request of a police officer not below the rank of a sub - inspector , and for any person acting in good faith in his aid and under his direction , to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose .

(2) The registered medical practitioner conducting such examination shall , without delay, examine such person and prepare a report of his examination giving the following particulars , namely :-

(i ) the name and address of the accused and of the person by whom he was brought ,

(ii) the age of the accused ,

(iii) marks of injury, if any, on the person of the accused,

(iv) the description of material , if any, taken from the person of the accused for DNA profiling , and " .

(v) other material particulars in reasonable detail .

(3 ) The report shall state precisely the reasons for each conclusion arrived at .

(4) The exact time of commencement and completion of the examination shall also be noted in the report .

(5 ) The registered medical practitioner shall , without delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred to in section 173 of the Code as part of the documents referred to in clause (a) of sub - section (5) of that section .

[No. 51-5 The J& K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936.

53C . Examination of arrested person by medical officer.- ( 1 ) When any person is arrested , he shall be examined by a medical officer in the service of Central or State Government , and in case the medical officer is not available , by a registered medical practitioner soon after the arrest is made :

Provided that where the arrested person is a female , the examination of the body shall be made only by or under the supervision of a female medical officer , and in case the female medical officer is not available , by a female registered medical practitioner.

(2 ) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination , mentioning therein any injuries or marks of violence upon the person arrested , and the approximate time when such injuries or marks may have been inflicted .

53D . Identification of person arrested . Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence , the Court , having jurisdiction may, on the request of the officer incharge of a police station , direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit :

Provided that , if the person identifying the person arrested is mentally or physically disabled , such process of identification shall take place under the supervision of a Medical Officer who shall take appropriate steps to ensure that such person identifies the person arrested using methods that the person is comfortable with :

Provided further , that if the person identifying the person arrested is mentally or physically disabled , the identification process may be videographed . " 21 No. 51-5 ] The J & K Govt . Gazette, 22nd March , 2014 / 1st Chai . , 1936 .

15. Amendment of section 154 , Act XXIII of 1989.-In section 154 of the Code of Criminal Procedure , in sub- section ( 1 ) , the following provisos shall be inserted , namely :-

" Provided that if the information is given by the woman against whom an offence under section 326A , section 326B , section 354 , section 354A , section 354B , section 354C , section 354D , section 375 , section 376 , section 376A , section 376B , section 376C , section 376D , section 376E or section 509 of the Ranbir Penal Code is alleged to have been committed or attempted , then such information shall be recorded , by a woman police officer or any woman officer and such woman shall be provided legal assistance and also the assistance of a healthcare worker or women's organisation or both :

Provided further that-

(a) in the event of such woman being temporarily or permanently mentally or physically disabled , then such information shall be recorded by a police officer , at the residence of the person seeking to report such offence or at a convenient place of such woman's choice , in the presence of a spe ial educator or an interpreter or a medical officer, as the case may be ;

(b) the recording of such information may , as far as practicable .

be videographed . "

16. Amendment of section 160 , Act XXIII of 1989. In section 160 of the Code of Criminal Procedure , in sub - section ( 1 ) , in the proviso, for the words " under the age of fifteen years or woman " , the words " under the age of fifteen years or above the age of sixty - five years or a woman or a physically or mentally disabled person" shall be substituted.

22 The J& K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936. [No. 51-5

17. Amendment of section 161 , Act XXIII of 1989.-In section 161 of the Code of Criminal Procedure , in sub - section ( 3 ) ,-

( i ) after the first proviso , the following proviso shall also be inserted , namely :-

" Provided further where the statement of a woman against whom an offence under section 294 , section 354 , section 354A , section 354B section 354C , section 354D , section 375 , section 376 , section 376A , section 376B , section 376C , section 376D , section 376E or section 509 of the Ranbir Penal Code is alleged to have been committed or attempted shall be recorded , by a woman police officer or any woman officer . " ; and

( ii ) in existing second proviso , the words " provided further " shall be substituted by words " Provided also " .

18. Amendment of section 164A , Act XXIII of 1989.-In section 164A of the Code of Criminal Procedure , after sub- section (4) the following sub - section shall be inserted , namely :-

" (5) In case the person making the statement is temporarily or permanently physically or mentally disabled , the Magistrate shall take the assistance of an interpreter or a special educator or a Medical Officer in recording the statement :

Provided that if the person making the statement is temporarily or permanently physically or mentally disabled , the statement made by the person , with the assistance of an interpreter or special educator or Medical Officer , may be videographed :

Provided further a statement recorded under sub - section ( 2 ) of a person who is temporarily or permanently physically or mentally disabled shall be considered a statement in lieu of examination- in- chief , as specified in section 137 of the Evidence Act , Samvat 1977 such that the maker of the statement can be cross - examined 23 No. 51-5 ] The J & K -Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 .

on such statement , without the need for recording the same at the time of trial . "

19. Insertion of section 164B. Act XXIII of 1989.-After section 164A of the Code of Criminal Procedure , the following section shall be inserted , namely :-

" 164B . Medical examination of the victim of rape .-( 1 ) Where , during the stage when an offence of committing rape or attempt to commit rape is under investigation , it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted , examined by a medical expert , such examination shall be conducted by a female registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of a such a practitioner , by any other female registered medical practitioner , with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty- four hours from the time of receiving the information relating to the commission of such offence .

(2) The registered medical practitioner , to whom such woman is sent shall , without delay, examine her and prepare a report of his examination giving the following particulars , namely :-

( 1) the name and address of the woman and of the person by whom she was brought ;

( II ) the age of the woman ;

( III ) the description of material , if any, taken from the person of the woman for DNA profiling ;

( IV ) marks of injury , if any, on the person of the woman ;

(V ) general mental condition of the woman ; and 24 The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 . [No. 51-5

( VI ) other material particulars in reasonable detail .

(3 ) The report shall state precisely the reasons for each conclusion arrived at .

(4 ) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained .

( 5 ) The exact time of commencement and completion of the examination shall also be noted in the report .

( 6 ) The registered medical practitioner shall , without delay forward the report to the investigation officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause ( a ) of sub - section ( 5 ) of that section .

(7 ) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

Explanation : For the purposes of this section , " examination" and " registered medical practitioner " shall have the same meanings as in section 53A .

20. Amendment of section 167 , Act XXIII of 1989. In clause (a) of proviso to sub - section (2 ) of section 167 of the Code of Criminal Procedure , at the end of said clause , the words " In case of offences punishable under section 326A , section 326B, section 376 , section 376A , section 376C , section 376D and section 376E , the period of " fifteen days " and " sixty days " , mentioned aforesaid shall be read as " thirty days " and " ninty days " respectively.

No. 51-5 ] The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936. 25

21. Insertion of section 198D, Act XXIII of 1989. After section 198C of the Code of Criminal Procedure , the following section shall be inserted , namely : -

" 198D . Cognizance of offence under section 376B of Ranbir Penal Code . No Court shall take cognizance of an offence under section 376B of the Ranbir Penal Code where the persons are in a marital relationship , except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the accused husband . "

22. Insertion of section 259AA , Act XXIII of 1989. After section 259A of the Code of Criminal Procedure , the following section shall be inserted , namely : -

259AA . Special Procedure in offences of sexual assault.- " ( 1 ) The trial of offences under section 376 , section 376A , section 376B , section 376C , section 376D and section 376E shall commence within one week from the date of the presentation of the police report under section 173 of this Code and shall as far as possible be completed within a period of six months . The proceedings of the Court shall preferably be held on day to day basis :

Provided that a report on the status of the trial shall be sent by the Trial Court to the High Court after every after every three months with reasons of non - conclusion of trial .

(2) The witnesses of the prosecution shall be bound to appear before the Court on the date fixed for the hearing on a notice received from Investigating Officer, Public Prosecutor or Court .

(3 ) The list of defence witnesses shall be submitted by the accused within two working days of the closure of prosecution 26 The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936 . [No.51-5

evidence and recording of statement of the accused , if any . These witnesses shall be summoned and served by the Court :

Provided that the court may at the request of the defence suminen witnesses other than those included in the list for reasons to be recorded .

(4) When trying any under any case under sub- section ( 1 ) , the Court may also try any offence other than an offence specified in said sub- section with which the accused may under this Code be charged at the same trial . "

23. amendment of section 352, Act XXIII of 1989. In section 352 of the Code of Criminal Procedure , in sub- section (2 ) , for the words , figures and letters " or 376 - D " , the words , figures and letters "376 - D or 376 - E " shall be substituted .

24. Amendment of section 35.3. Act XXIII of 1989.In section 353 of the Code of Criminal Procedure the following proviso shall be inserted , namely :-

" Provided that where the evidence of a person below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence , is to be recorded , the Court may take appropriate measures to ensure that such person is not confronted by the accused while at the same time ensuring the right of cross -examination of the accused . "

25. Insertion of sections 497 -C, and 497-D. Act XXIII of 1989.- After section 497 - B of the Code of Criminal Procedure , the following sections shall be inserted , namely :-

" 497 - C . Special provision regarding bail in certain offences against women etc. ( 1 ) Notwithstanding anything contained in this Code no person accused of an offence punishable under 27 No. 51-5 ] The J & K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936 .

sections 304- B , 326A , 370 , 376 , 376A , 376C , 376D , or 376E of Ranbir Penal Code , shall if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release :

Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code , is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true .

(2) The restrictions on granting of bail specified i .. sub - section ( 1 ) shall be in addition to the restrictions under the Code or any other law for the time being in force on granting of bail .

(3 ) Nothing in section 497A of the Code shall apply in relation to any case involving the artesi of any person eccused of having committed an offence specified in sub - section ( 1 ) "

" 497 - D . Maximum period for which an under trial prisoner can be detained . Where a person has during the period of investigation , inquiry or trial under this Code or an offence under any law ( not being an offence for which the punishment of death has been specified as one of the punishments under the law) undergone detention for a period extending up to one- half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties :

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded in the writing , order the continued detention of such person for a period longer than one - half of 28

The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936. [No. 51-5

the said period or release him on bail instead of personal bond with or without sureties :

Provided further that no such person shall in any case be detained during the period of investigation , inquiry or trial for more than maximum period of imprisonment provided for said offence under the law.

Explanation :-In computing the period of detention under this section for granting bail , the period of detention passed due to delay in proceeding caused by the accused shall be excluded . "

26. Insertion of sections 545B and 545C, Act XXIII of 1989. After section 545A of the Code of Criminal Procedure , Samvat 1989 , the following sections shall be inserted , namely :-

" 545B . Compensation to be in addition to fine under section 326A or section 376D of the Ranbir Penal Code.- Compensation payable by the State Government under section 545B shall be in addition to the payment of fine to the victim under section 326A or section 376D of the Ranbir Penal Code .

545C . Treatment of victims . All hospitals , public or private , whether run by the Central Government , the State Government , local bodies or any other person , shall immediately , provide the first - aid or medical treatment , free of cost , to the victims of any offence covered under section 326A , 376 , 376A , 376B , 376C , 376D or section 376E of the Penal Code and shall immediately inform the police of such incident .

Explanation :-The expression " hospital " means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of victims during convalescence or of victims requiring medical attention or rehabilitation or medical examination or pathological tests .

27. In the Schedule - 11 of the Code of Criminal Procedure :

(a) after the entries relating to section 166, the following entries shall be inserted , namely :-

summons

166A .

Shall not arrest without warrant

Public servant disobeying direction under law

Summons

166B .

Shall not arrest without warrant

Non- treatment of victim by hospital

Bailable

compoundable Not

Judicial Magistrate of the First Class .

Imprisonment for one year or fine or with both

Bailable

Not- compoundable

Judicial Magistrate of First Class .

Imprisonment for one year or fine or both

(b) entry relating to section 294 , in column 7 , for the words "Simple imprisonment for three months , or fine, or both , " , the words " Simple imprisonment which shall not be less than six months but which may extend to years and with fine " shall be substituted. 3

Non- bailable

warrants

" 326A

May arrest without warrant

Voluntarily causing grievous hurt by use of acid , etc.

Court of Session .

Not compoundable

No.51-5]TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

Imprisonment for not less than 10 years but which may extend to 30

imprisonment for life and fine of 10 lakh rupees .

warrants

Non- bailable

Imprisonment

326B .

Court of Session . "

Not compoundable

May arrest without warrant

Voluntarily throwing or attempting to throw acid

for 5 years but which may extend to 7 years and fine

(d) for the entries relating to section 354 , the following entries shall be substituted , namely : -

6 .

Warrant

Non- Bailable Not

" 354.

Judicial Magistrate .

compoundable

May arrest without warrant

Imprisonment of 1 year which may extend to 5 years and with fine

TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.[No.51-5 Assault or use of criminal force to woman with intent to outrage her modesty Warrant Not

Bailable

May arrest without warrant

354A . ( 1 ) Sexual harassment of the nature of unwelcome physical contact and advances or a demand or req. est for sexual favours

Warrant

Judicial Magistrate .

compoundable

Imprisonment which may extend to 3 years or with fine or with both

Bailable

May arrest without warrant

(2 ) Sexual harassment of the nature of making sexually coloured remark

Warrant

Judicial Magistrate.

compoundable Not

Imprisonment which may extend to I years and with fine

Non-Bailable

May arrest without warrant

354B . Assault or use of criminal force to woman with intent to disrobe

Judicial Magistrate .

Not compoundable

Imprisonment of not less than 3 years . but which may extend to 7 years and with fine

No.51-5]TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936. 31 32

Bailable

354C . Voyeurism

Not compoundable

Judicial Magistrate .

May arrest Warrant without warrant

Imprisonment of not less than 1 year but which may extend to 3 years and with fine for first conviction

Non- Bailable

Not Compoundable

Judicial Magistrate .

Imprisonment of not less than 3 years but which may extend to 5 years and with fine for second or subsequent conviction

Bailable

Warrant

354D . Stalking .

TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

Not compoundable

Judicial Magistrate . " May arrest without warrant

[No.51-5

Imprisonment of not less than 1 year but which may extend to 3 years and with fine (e) for the entries relating to sections 370 , the following entries shall be substituted , namely :-

Non- Bailbale Not

Warrant

" 370. ( 1 ) Trafficking of person

May arrest without warrant

Court of Session .

compoundable

Imprisonment of not less than 3 years but which may extend to 7 years and with fine

Not-Bailbale Not

Warrant

May arrest without warrant

(2) Trafficking of more than one person .

Court of Session .

compoundable

Imprisonment of not less than 5 years but which may extend to 7 years and with fine

Not- Bailbale

Warrant

May arrest without warrant

(3 ) Trafficking of a minor.

Court of Session Not compoundable

No.51-5]TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

Imprisonment of not less than 5 years but which may extend to imprisonment for life which shall mean remainder of that person's natural life .

4 1

Warrant

Non-Bailbale Not

(4) Trafficking Shall not
    of more     arrest without
     than one  warrant
     minor

Warrant

                 Imprisonment         Court of
compoundable    of not less           Session .
                than 10 years.
                but which may
                extend to 15 years

Non - Bailbale Not

May arrest

(5) Public

without.

servant

warrant

or a police officer involved in trafficking of minor .

Warrant

Court of Session .

compoundable

Imprisonment for life which shall mean remainder of that person's natural life and fine of Rs . One lakh

Non -Bailbale Not

(6) Person

convicted without

warrant

May arrest of offence , of trafficking of minor on more than one occasion

Court of Session .

compoundable

TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

Imprisonment, for life which shall mean the remainder of thatperson's natural , life. and fine , of Rs . 2 lakhs .

Non - Bailbale

Warrant

370A . ( 1 ) Employing of a

May arrest without

[No.51-5

Court of Session .

Imprisonment of not less

Not compoundable trafficked warrant child

than 5 years but which may extend to 7 years and with fine

Warrant Not- Bailbale

Court of Session "

Not compoundable

May arrest without warrant

(2 ) Employing of a trafficked adult person

Imprisonment of not less than I year but which may extend to 3 years and with fine

( f) for the entries relating to sections 376 , 376A , 376B , 376C and 376D , the following entries shall be substituted ,

namely

Not

Non -bailable

Warrant

Rigorous

376. ( 1 ) Rape

Court of Session .

Compoundable

May arrest without warrant

but which may extend to imprisonment for life and with fine imprisonment of less than 8 years

No.51-5]TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

Non- bailable

Warrant

Court of Session .

Rigorous imprisonment

Not Compoundable

May arrest without

(2) Rape by a police 36

warrant

of not less than 10 years but which may extend to imprisonment for life which shall mean remainder of that person's natural life and with fine

TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

officer or a public servant or member of armed forces or aperson being on the manage- ment or on the staff of a jail , remand home or other place of custody or women's or children'sinstitution or by a person on the management or on the staff of a hospital , and rape committed by a person in a position of trust or authority towards the victim assaulted or by a near relative of the victim

Warrant Non-bailable

376A .

[No.51-5

Court of Session .

Rigorous imprison- ment of not less

May arrest without

Not Compoundable

Person committing No.

warrant

than 25 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life or with death

an offence of rape and inflicting injury which causes death or causes the victim to be in a persistent vegetative state

Non - bailable

Wa it

Court of Session .

376B .

Not Compoundable

May arrest without warrant

Imprisonment for not less than 2 years but which may extend to 7 years and with fine

Sexual Intercourse by the husband upon his wife during separation

376C .

Not-bailable

Warrant

Court of Session .

Not Compoundable

May arrest without warrant

Sexual intercourse by a person in authority

51-5]TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean remainder of 38

that person's natural life.and with fine .

Non - bailable

Warrant

376D . Gang Rape

Court of Session .

Not Compoundable

May arrest without warrant

Rigorous imprisonment for not less than 25 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life and compensation to the victim

Warrant Not-bailable

376E .

Court of Session.

Repeat offenders

Not Compoundable

TheJ&KGovt.Gazette,22ndMarch,2014/1stChai.,1936.

May arrest without warrant

Imprisonment for life which shall mean the remainder of that person's natural life .

[No.51-5 39 No. 51-5 ] The J & K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936 .

(g) entry relating to section 420 , in column " whether bailable or not " , the words " bailable " shall be substituted by words " not bailable " ;

(h ) entry relating to section 509 , in column 3 , for the words " simple imprisonment for one year , or fine , or both , " the words " simple imprisonment which shall not be less than one year but which may extend to three years and with fine" shall be substituted .

CHAPTER IV

Amendments to the Evidence Act , Samvat 1977

(1920 AD )

28. Amendment of section 3, Act No. XIII of Samvat 1977.- In section 3 of the Evidence Act , Samvat 1977 ( hereinafter referred to in this chapter referred to as the Evidence Act ) , the following shall be added as illustration , to " Document " at the end of existing illustrations , namely :-

"Electronic signature and electronic signature certificate shall be documents . "

29. Insertion of section 45-A, Act No. XIII of Samvat 1977. After section 45 of the Evidence Act, the following shall be inserted as sub- section 45 -A , namely :-

" 45 - A . Opinion of Examiner of electronic evidence . When in any proceedings Court has to form an opinion on any matter relating to any information transmitted or stored in any computer source or any other electronic or digital form , the opinion of examiner of electronic evidence referred to in section 79 - A of the Information Technology Act , 2000 is a relevant fact .

Explanation :-For the purpose of this section , examiner of electronic evidence shall be an expert . " [No.51-5 40 The J & K Govt . Gazette , 22nd March , 2014/ 1st Chai . , 1936.

30. Insertion of section 53A, Act XIII of 1977.-After section 53 of the Evidence Act , the following section shall be inserted , namely :-

" 53A. Evidence of character or previous sexual experience not relevant in certain cases . In a prosecution for an offence under section 354 , section 354A , section 354B , section 354C , section 354D , section 376 , section 376A , section 376B , section 376C , section 376D or section 376E of the Ranbir Penal Code or for attempt to commit any such offence , where the question of consent is in issue , evidence of the character of the victim or her previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent . "

31. Substitution of section 114- B, Act XIII of 1977.- Section 114 - B shall be substituted by following section , namely :-

" 114 - B . Presumption as to absence of consent in certain prosecution for rape .-In a prosecution for rape under clause ( a ) , clause ( b ) , clause ( c ) , clause ( d ) , clause ( e) , clause (f) , clause ( g ) , clause ( h ) , clause ( i ) , clause (j ) , clause ( k ) , clause (1 ) , clause ( m ) of clause ( n ) of sub -section (2 ) of section 376 of the Ranbir Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such other woman states in that person's evidence before the Court that such complainant did not consent , the Court shall presume that such victim did not consent .

Explanation :-In this section " sexual intercourse " shall mean any of the acts mentioned in clauses ( a ) to (d ) of section 375 of the Ranbir Penal Code . " 41 No. 51-5 ] The J& K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936.

32. Insertion of section 114CC, Act XIII of 1977. After section 114C of the Evidence Act , the following section shall be inserted , namely :-

" 114 - CC. Presumption as to dowry death . When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for , or in connection with , any demand for dowry, the court shall presume that such person had caused the dowry death .

Explanation :-For the purposes of this section , " dowry death " shall have the same meaning as in section 304B of the Ranbir Penal Code .

33. Substitution of section 119. Act XIII of 1977.- Section 119 of the Evidence Act shall be substituted by following section , namely :-

" 119. Witness unable to communicate verbally . A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible , as by writing or by sings ; but such writing must be written and the signs made in open Court , evidence so given shall be deemed to be oral evidence :

Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of a special educator or interpreter in recording the statement , and such statement shall be videographed . " .

34. Amendment of section 146, Act XIII of 1977. In section 146 of the Evidence Act , after sub- section ( 3 ) , the following proviso shall be inserted , namely : -

"Provided that in a prosecution for an offence under section 376 , section 376A , section 376B , section 376C , section 376D or [No.51-5 42 The J & K Govt . Gazette , 22nd March , 2014 / 1st Chai . , 1936.

section 376E of the Ranbir Penal Code or for attempt to commit any such offence , where the question of consent is an issue , it shall not be permissible to adduce evidence or to put questions in the cross - examination of the victim as to the general immoral character, or previous sexual experience , of such victim with any person for proving such consent or the quality of consent . " .

( Sd. ) ACHAL SETHI ,

Additional Secretary to Government , Department of Law , Justice and Parliamentary Affairs .

Mon.

No. 47 - a ] The J & K Govt . Gazette . 24th Feb .. 2014 / 5th Phal . , 1935.

REGD . NO . JK -- 33 EXTRAORDINARY

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT -DEPARTMENT OF LAW.

JUSTICE AND PARLIAMENTARY AFFAIRS

(Judicial Administration Section )

Notification

Jammu , the 24th of February. 2014.

SRO - 37 . In exercise of the powers conferred by sub - section ( 1 ) of section 492 of the Code of Criminal Procedure . Samvat 1989 , and in partial modification of Notification SRO - 308 of 2009 dated 2nd October , 2009 , the Government hereby appoints Shri Rajeshwar Kumar Bakshi , Advocate , Jammu as Additional Public Prosecutor for a period of one year for the Court of Ist Additional District and Sessions Judge , Jammu on the terms and conditions as laid down in Government Order No. 1169 - LD ( A) of 2002 dated 05-04-2002 read with Government Order No. 202 - LD ( A ) of 2003 dated 20-01-2003 .

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR .

Secretary to Government , Department of Law , Justice and Parliamentary Affairs .

Tue.

The J& KGovt . Gazette , 25th Feb. , 2014 6th Phal . , 1935 .

No. 47-b ]

REGD . NO . JK --- 33 EXTRAORDINARY

PART I -B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASIMIR

CIVIL SECRETARIAT - GENERAL ADMINISTRATION DEPARTMENT

Notification

Jammu , the 25th February , 2014 .

SRO - 38.-In exercise of the powers conferred by sub - sections (4 ) and ( 5 ) of section 6 of the Jammu and Kashmir Land Revenue Act . Samvat , 1996 ( XII of 1996 ) , the Government hereby confers upon the Tehsildar , Agrarian . Budhal , the powers of Assistant Collector , First Class under the said Act , to be exercised by him within the local limits of Niabat Budhal .

By order of the Government of Jammu and Kashmir .

(Sd . ) M. A. BUKHARI , JAS ,

Secretary to Government , General Administration Department .

Wed.

No. 47 -c ] The J & K Govt . Gazette , 26th Feb. , 2014 / 7th Phal . , 1935 .

EXTRAORDINARY

REGD . NO . JK- 33

PART I - B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - REVENUE DEPARTMENT

Notification

Jammu , the 26th February, 2014 .

SRO - 39.- In exercise of the powers conferred by sub - sections (4) and ( 5 ) of section 6 of the Jammu and Kashmir Land Revenue Act , Samvat 1996 ( XII of 1996 ) and in supersession of Notification SRO - 411 of 2013 dated 20-09-2013 , the Government hereby confer upon Shri Ravi Kumar Bharti , KAS , Collector, Jammu Development Authority, the powers of Collector to be exercised by him within the local area of Jammu Development Authority in respect of land acquisition cases pertaining to the said authority.

By order of the Government of Jammu and Kashmir.

( Sd . ) VINOD KAUL , IAS ,

Commissioner/ Secretary to Government ,

Revenue Department .

No. 48 - a ] The J & K Govt . Gazette , 28th Feb. , 2014 / 9th Phal . , 1935. Fri

REGD . NO . JK 33 EXTRAORDINARY

PART I- B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - FINANCE DEPARTMENT

Notification

Jammu , the 28th February , 2014 .

SRO - 40.-In exercise of the powers conferred by clause ( a ) of section 9 of the Stamps Act , Svt. 1977 ( XL of 1977 ) , and in partial modification of Notification SRO - 144 of 2013 dated 28th March , 2013 , the Government hereby direct that for the words " one lac fifty thousand " , the words " rupees three lacs " shall be substituted .

This notification shall come into force from 01-04-2014 .

By order of the Government of Jammu and Kashmir.

( Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government .

Finance Department .

REGD . NO . JK -33 EXTRAORDINARY

JAMMU & KASHUIRT

THE

JAMMU AND KASHMIR GOVERNMENT GAZΕΊΤΕ

[No. 48 - b Vol . 126 ] Jammu , Fri. , the 28th Feb. , 2014 / 9th Phal . , 1935.

Separate paging is given to this part in order that it may be filed as a separate compilation .

PART III

Laws , Regulations and Rules passed thereunder.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Jammu , the 28th February , 2014 .

SRO - 41.- In exercise of the powers conferred by sections 16 and 17 of the Jammu and Kashmir Value Added Tax Act , 2005 , the Government hereby direct that Schedules " A " and " C " of the said Act shall be amended as under :-

1. In Schedule " A " :-

(i ) After entry 1 - B , the following shall be inserted as entry 1-C :-

" Hand pumps " .

[No. 48 - b The J & K Govt . Gazette , 28th Feb. , 2014 /9th Phal . , 1935.

( ii) For entry 5 - A, the following entry shall be substituted :- " Bee Colonies , Bee Hives and Bee Wax " .

( iii) After entry 6 - A , the following shall be inserted as entry 6 -B:- " Bone meal " .

(iv) After entry 32 , the following shall be inserted as entry 32 - A:-

" Oil cake "

(v) Entry appearing at S. No. 34 shall continue to be in Schedule " A " till 31-03-2015 .

2. In Schedule " C " :-

(i ) Entry 25 shall be omitted.

( ii ) For entry 51 , the following entry shall be substituted :- "Edible Oils " .

(iii) Entry 61 shall be omitted .

( iv) After entry 119 , the following shall be inserted as entry 119 - A :-

" Machine embroidered shawls " .

(iv) In the " List of Industrial Inputs and I. T. Products " appearing at the end of Schedule C the words " Bees Wax " appearing in sub-entry 3 , shall be omitted .

This notification shall come into force from 01-04-2014 .

By order of the Government of Jammu and Kashmir .

( Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government ,

Finance Department .

48 -c ] The J & K Govt . Gazette , 28th Feb. , 2014 / 9th Phal . , 1935. Fri.

EXTRAORDINARY

REGD . NO . JK -33

PART I - B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Jammu , the 28th February, 2014.

SRO - 42.- In exercise of the powers conferred by section 79 - A of the Jammu and Kashmir Value Added Tax Act , 2005 , the Government hereby direct that in Para 2nd of Notification SRO - 91 dated 16th March , 2006 , for the words , and the figures , " 31st March , 2014 , or till the State adopts the proposed Goods and Service Tax regime , whichever is earlier " , the words and the figures , " 31st March , 2015 , or till the State adopts the proposed Goods and Services Tax regime , whichever is earlier " , shall be substituted .

This notification shall come into force from 01-01-2014 .

By order of the Government of Jammu and Kashmir .

( Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government ,

Finance Department.

48 - d ] The J & K Govt . Gazette , 28th Feb. , 2014 /9th Phal . , 1935. Fri.

REGD . NO . JK-33 EXTRAORDINARY

PART I - B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - FINANCE DEPARTMENT

Notification

Jammu , the 28th February , 2014 .

SRO - 43 . In exercise of the powers conferred by section 5 of the Jammu and Kashmir General Sales Tax Act , 1962 , the Government hereby direct that the services provided in the shape of lodging facilities by hotels , lodges and guest houses shall be exempted from the payment of tax , leviable under the said Act up to 31-03-2015 .

This notification shall come into force from 01-04-2014 .

By order of the Government of Jammu and Kashmir .

(Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government , Finance Department .

48 - e ] The J & K Govt . Gazette , 28th Feb. , 2014 / 9th Phal . , 1935. Fri.

EXTRAORDINARY

REGD . NO . JK- 33

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Jammu , the 28th February, 2014 .

SRO - 44.- In exercise of the powers conferred by section 5 of the Jammu and Kashmir Levy of Tolls Act , Svt . 1995 , ( Act No. VIII of 1995 ) , the Government hereby direct that the import of Bone Meal , Husk of Bran and Pulses and export of Tooti Basmati ( Broken Basmati ) shall be exempted from payment of toll leviable under the said Act .

This notification shall come into force from 01-04-2014.

By order of the Government of Jammu and Kashmir .

( Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government , Finance Department .

48 - f ] The J & K Govt . Gazette, 28th Feb. , 2014 / 9th Phal . , 1935. Fri.

REGD . NO . JK- 33 EXTRAORDINARY

PART I- B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - FINANCE DEPARTMENT

Notification

Jammu , the 28th February , 2014 .

SRO -45.- In exercise of the powers conferred by section 5 of the Jammu and Kashmir Levy of Tolls Act , Svt . 1995 ( Act No. VIII of 1995 ) , the Government hereby direct that in Notification SRO - 150 dated 31st March , 2010 after entery ( vi ) , the following shall be added as entry (vii ), namely

" ( vii ) Hand Pump "

This notification shall come into force from 01-04-2014 .

By order of the Government of Jammu and Kashmir.

(Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government,

Finance Department .

No. 48 - g ] The J & K Govt . Gazette , the 28th Feb. , 2014/ 9th Phal . , 1935. Fri.

EXTRAORDINARY

REGD . NO . JK -33

PART I - B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Jammu , the 28th February, 2014 .

SRO - 46 . In exercise of the powers conferred by section 5 of the Jammu and Kashmir Levy of Tolls Act , Smvt . 1995 ( Act No. VIII of 1995 ) , the Government hereby direct that after Para VI in Notification SRO - 22 of 2004 dated 31-01-2004 , the following shall be added as Para VII , namely :-

"( VII ) While calculating Toll on Goods , the weight of fully or partly loaded container shall be excluded from calcuation of weight of goods for the purpose of levy of toll on goods " .

This notification shall come into force from 01-04-2014 .

By order of the Government of Jammu and Kashmir .

( Sd . ) B. B. VYAS , IAS ,

Principal Secretary to Government , Finance Department .

No. 48 - h ] The J &K Govt . Gazette , the 3rd March . , 2014 / 12th Phal . , 1935. Mon.

REGD . NO . JK -33 EXTRAORDINARY

PART I - B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu , the 3rd March , 2014 .

SRO - 47.- In exercise of the powers conferred by sub - section ( 1 ) of section 492 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby appoints Shri Subash Singh Sambyal , Advocate , Samba as Special Public Prosecutor to conduct the case titled State Vs. Rameshwar Dutt and others involving offences punishable under sections 307 , 452 , 325, 323 and 4/25 Arms Act , FIR No. 81/2012 pending trial before the Court of Principal Sessions Judge , Samba .

By order of the Government of Jammu and Kashmir .

(Sd. ) MOHAMMAD ASHRAF MIR ,

Secretary to Government ,

Department of Law, Justice and Parliamentary Affairs .

EXTRAORDINARY

REGD . NO . JK 3.3

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol . 126 ] Jammu , Tue. , the 11th March , 2014 / 20th Phal . , 1935. [ No. 49 - n

Separate paging is given to this part in order that it may be filed as a separate compilation

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- DEPARTMENT OF LAW , JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu . the 11th of March , 2014 .

SRO - 65. - In exercise of powers conferred by sub - section ( 1 ) of section 12 of the Code of Criminal Procedure . Samvat 1989 , the Government hereby appoint the following officers to be the Executive Magistrates of the First Class who shall exercise all the powers of an 2 The J & K Govt . Gazette . 11th March , 2014 / 20th Phal . , 1935. No. 49 -n

Executive Magistrate of the First Class within their respective territorial jurisdiction of District Ganderbal or within such jurisdiction as may be assigned to them by the District Magistrate . Ganderbal :

S. No. Name of the officer

S/ Shri

1. Mr. Farooq Ahmad Rather

2. Mr. Naseer Ahmad Wani

3. Mr. Mohammad Ramzan Ganie

Designation and place of posting

Chief Executive Officer . Sonamary Development Authority

Assistant Commissioner ( Revenue ) , Ganderbal

Tehsildar ( HQA ) , DC Office , Ganderbal

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR ,

Secretary to Government .

Department of Law, Justice and Parliamentary Affairs .

EXTRAORDINARY

REGD . NO . JK 33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

[ No. 49-0 Vol . 126 ] Jammu , Tue. , the 11th March , 2014 / 20th Phal . , 1935.

Separate paging is given to this part in order that it may be filed as a separate compilation

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT -DEPARTMENT OF LAW,

JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu , the 11th of March , 2014.

SRO - 66.-In exercise of powers conferred by sub - section ( 1 ) of section 12 of the Code of Criminal Procedure . Samvat 1989 , the Government hereby appoint the following officers to be the Executive Magistrates of the First Class who shall exercise all the powers of an 2 The J& K Govt . Gazette , 11th March , 2014 /20th Phal . , 1935. [ No. 49-0

Executive Magistrate of the First Class within their respective territorial jurisdiction of District Doda .

S. No. Name of the officer

S / Shri

1. Sheetal Kumar Sharma

2. Kishori Lal . KAS

3. Tanveer Alımad

4. TariqAziz

5. Joni Kumar

6. Mohsine Raza

Designation and placeofposting

IIQ Assistant to Deputy Commissioner . Doda

SDM . Gandoh

Tehsildar, Doda

Tehsildar , Bhaderwah

Tehsildar , Gandoh

Tehsildar , Thathri

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR .

Secretary to Government , Department of Law . Justice and Parliamentary Affairs .

No. 49 - p ] The J & K Govt . Gazette . 11th March . 2014'20th Phal . , 1935. Tue.

REGD . NO . JK - 33 EXTRAORDINARY

PART I - B

Jammu and Kashmir Government-- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - DEPARTMENT OF LAW . JUSTICE AND PARLIAMENTARY AFFAIRS ( POWER SECTION )

Notification

Jammu , the 11th of March , 2014 .

SRO - 67. In exercise of powers conferred by sub - section ( 1 ) of section 12 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby appoint Shri Subash Chander Dogra . Assistant Commissioner, Revenue , Doda to be the Executive Magistrates of the First Class who shall exercise all the powers of an Executive Magistrate of the First Class within his territorial jurisdiction of District Doda .

The Government further in exercise of the powers conferred by sub - section ( 2 ) of section 10 of the said Code appoint the aforesaid Executive Magistrate as Additional District Magistrate within his territorial jurisdiction of District Doda and shall have all the powers of District Magistrate under the said Code .

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR .

Secretary to Government , Department of Law, Justice and Parliamentary Affairs .

Fri.

No. 50 - b] The J & K Govt . Gazette , 14th March . 2014 /23rd Phal . , 1935.

EXTRAORDINARY

REGD , NO . JK - 33

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT -- DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

(Judicial Administration Section )

Notification

Jammu , the 14th March , 2014 .

SRO - 69 . In exercise of the powers conferred by sub - section ( 1 ) of section 492 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby appoints Shri Firdouse Tak , Advocate , Jammu as Special Public Prosecutor to conduct the case titled State Vs. Sumit Singh and others involving offences punishable under sections 302 , 307 , 364,34 RPC , FIR No. 249/2013 of P/ S , Nagrota pending trial before the Court of Principal Sessions Judge . Jammu .

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR ,

Secretary to Government , Department of Law , Justice and Parliamentary Affairs .

EXTRAORDINARY

REGD . NO .JK 33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE Vol . 126 ] Jammu , Wed. , the 19th March , 2014 / 28th Phal . , 1935. [ No. 50 - d Separate paging is given to this part in order that it may be filed as a separate compilation

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - DEPARTMENT OF LAW,

JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu , the 19th of March , 2014 .

SRO - 71 . In exercise of powers conferred by sub - section ( 1 ) of section 12 of the Code of Criminal Procedure , Samyat 1989 , the Government hereby appoints following officers to be the lexecutive Magistrates of the First Class who shall exercise all the powers of an 2 The J & K Govt . Gazette . 19th March , 2014 / 28th Phal , 1935. [ No. 50 - d

Executive Magistrate of the First Class within their respective territorial jurisdiction of District Budgam :---

S. No. Name of the officers

S/Shri

1. Shabaz Ahmad Boda

2. G. A. Khan

3. G. M. Dar

4. Mohammad Shafi Lone

5. Naseer Ahmad Parra Designation and place of posting

Tehsildar, Budgam

Tehsildar , Chadoora

Tehsildar , Khansahib

Tehsildar, Khag

Tehsildar , Charari Sharief

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR ,

Secretary to Government .

Department of Law, Justice and Parliamentary Affairs .

REGD . NO . JK 33 EXTRAORDINARY

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol . 126 ] Jammu , Wed. , the 19th March , 2014 / 28th Phal . , 1935. [ No. 50 - e Separate paging is given to this part in order that it may be filed as a separate compilation

PART I - B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT -- DEPARTMENT OF LAW.

JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu , the 19th of March , 2014 .

SRO - 72.- In exercise of powers conferred by sub - section ( 1 ) of section 12 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby appoint the following officers to be the Executive Magistrates of the First Class who shall exercise all the powers of an 2 The J & K Govt . Gazette , 19th March , 2014 / 28th Phal . , 1935. [ No. 50 - e

Executive Magistrate of the First Class within their respective territorial jurisdiction of District Budgam.

S. No. Name of the officer

S / Shri

1. Manzoor Ahmad Qadri

2. Syed Haneef Balkhi

3. Mohammad Farooq

4. Abdul Hamid Zargar Designation and place of posting

Additional Deputy Commissioner. Budgam

Assistant Commissioner ( Revenue ) , Budgam

SDM , Khansahib

Special Collector , Defence . Budgam

The Government further in exercise of the powers conferred by sub - section ( 2 ) of section 10 of the said Code appoint the aforesaid Executive Magistrate as Additional District Magistrate within their territorial jurisdiction of District Budgam and shall have all the powers of District Magistrate under the said Code .

By order of the Government of Jammu and Kashmir .

( Sd . ) MOHAMMAD ASHRAF MIR .

Secretary to Government , Department of Law , Justice and Parliamentary Affairs .

EXTRAORDINARY

REGD . NO . JK 33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol . 126 ] Jammu, Wed. , the 19th March , 2014 / 28th Phal . , 1935. [ No. 50 - f

Separate paging is given to this part in order that it may be filed as a separate compilation

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL . SECRETARIAT - DEPARTMENT OF LAW. JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu , the 19th of March , 2014 .

SRO - 73 .--In exercise of powers conferredby sub - section ( 1 ) of section 12 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby appoint Shri Sukhdev Singh Samyal , KAS , Assistant Commissioner, Revenue , Rajouri to be the Executive Magistrate of the 2 The J & K Govt . Gazette , 19th March , 2014 / 28th Phal . , 1935. [ No. 50 - f

First Class who shall exercise all the powers of an Executive Magistrate of the First Class within his territorial jurisdiction of District Rajouri .

The Government further in exercise of the powers conferred by sub - section ( 2 ) of section 10 of the said Code appoint the aforesaid Executive Magistrate as Additional District Magistrate within his territorial jurisdiction of District Rajouri and shall have all the powers of District Magistrate under the said Code .

By order of the Government of Jammu and Kashmir.

( Sd . ) MOHAMMAD ASHRAF MIR .

Secretary to Government , Department of Law . Justice and Parliamentary Affairs .

REGD NO . JK -35

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 3 Vol . 127] Jammu , Thu. , the 17th April , 2014/27th Chai . , 1936.

CONTENTS

Vernacси- lar pages

English Pages

PART 1

14-18

- A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor, Government and the Ministers

11-20

PART I - B - Notifications , Communiques and General Orders by the Government and the Ministers

5-6

PART11 - A - Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments

PART II -

45-58

B- Notifications , Notices and Orders by Heads of Departments , Provincial Heads , Magistrates and other officers competent to issue public notices under any law or rule

PART II -C- Notifications , Notices and Orders by Election Commission of India , Chief Electoral Officer , Jammu and Kashmir and other Officers of the Department , Election Petitions and Judgements of Election Tribunal

PART III- Laws , Regulations and Rules passed thereunder

PART IV- Reprints from the Government of India Gazette orGazettes of others Governments

Information and Statistics

V-

PART

(a) Rates and prices in the State

(b) Rates and wages

(d) Whether Observations

( e) Vital Statistics

SUPPLEMENT-A - Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT- B- Police

17-24

5-6

SUPPLEMENT-C- Advertisements

Printed at the Ranbir Government Press , Jammu .

[ No. 3 14 The J & K Govt . Gazette , 17th April , 2014 / 27th Chai . , 1936.

PART I - A

Jammu & Kashmir Government - Orders

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU .

Notification

No. 987 Dated 20-02-2014 .

This is notified that Mr. Rais Ahmad Qazi S / o Mr. Mohd . Umar Qazi R/ o Rajpora . Pulwama , on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 06-02-2014 . Therefore , his Enrolment Certificate bearing Enrolment No. 277/07 is kept in abeyanc

By order.

Notification

No. 989 Dated 24-02-2014 .

It is hereby notified that provisional enrolment of Ms. Fariqa Nazir D / o Mr. Nazir Ahmad Bhat R /o H. No. 3. Peerbagh . Umerabad , Sector - B . Hyderpora , Srinagar issued vide High Court Notification No. 927 dated 04-03-2013 has been cancelled as she has voluntarily surrendered her provisional enrolment notification . The requisite endorsement in respect of the same has been made in the records .

By order.

No.3 ] The J & KGovt . Gazette . 17th April , 2014 27th Chai .. 1936. 15

Notification

No. 991 Dated 04-03-2014.

This is notified that Ms. Rajni Bhagat D /o Mr. S. R. Bhagat R/ o Durga Nagar , Sector- 1 . Roop Nagar, Jammu on joining the Government sercice has surrendered her enrolment certificate , as an Advocate , vide her application dated 21-11-2013 . Therefore , her Enrolment Certificate bearing Enrolment No. JK - 1044 / 06 is kept in abeyance .

By order.

Notification

No. 992 Dated 04-03-2014.

This is notified that Ms. Rekha Kapoor D'o Shri Heera Lal R/ o H. No. 415 , Dhakki Hajama . Jain Bazar , Jammu on joining the Government sercice has surrendered her enrolment certificate , as an Advocate, vide her application dated 21-11-2013 . Therefore , her Enrolment Certificate bearing Enrolment No. 547/04 is kept in abeyance .

By order.

Notification

No. 993 Dated 04-03-2014 .

This is notified that Mr. Devinder Kumar S / o Mr. Jaswant Raj R/ o Uttri , Bharwal , Kathua on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 24-01-2014 . Therefore , his Enrolment Certificate bearing Enrolment No. JK - 1048 / 11 is kept in abeyance .

By order .

16 The J & K Govt . Gazette , 17th April . 2014 / 27th Chai ... 1936. [ No. 3

Notification

No. 995 Dated 06-03-2014 .

This is notified that Ms. Sunali Sharma D / o Shri Kaka Ram Magotra R / o Kachi Chowni , Jammu on joining the Government sercice has surrendered her enrolment certificate , as an Advocate , vide her application dated 07-11-2013 . Therefore , her Enrolment Certificate bearing Enrolment No. 62/08 is kept in abeyance .

By order.

Notification

No. 996 Dated 06-03-2014 .

This is notified that Mr. Zohaib Ahmad Khan S / o Mr. Nazir Ahmad Khan R/ o H. No. 329 , Jullakha Mohalla , Jammu on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 01-09-2013 . Therefore , his Enrolment Certificate bearing Enrolment No. JK - 680 / 10 is kept in abeyance .

By order .

Notification

No. 997 Dated 06-03-2014 .

This is notified that Mr. Suhail Murtaza S / o Mr. Muzzafar Ali R/ o General Bus Stand , Qazi Bagh , Anantnag on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 07-10-2013 . Therefore , his Enrolment Certificate bearing Enrolment No. 692/05 is kept in abeyance .

By order.

No.3 ] The J & KGovt . Gazette . 17th April , 2014'27th Chai . , 1936. 17

Notification

No. 998 Dated 06-03-2014 .

This is notified that Mr. Sarfaraz Zahoor Rizvi S / o Syed Zahoor Rizvi R/ o Kathimaidan , Alamgari Bazar , Srinagar on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 09-10-2013 . Therefore , his Enrolment Certificate bearing Enrolment No. 613/04 is kept in abeyance .

By order.

Notification

No. 999 Dated 06-03-2014 .

This is notified that Ms. Pooja Gupta D/ o Shri Naresh Kumar Ciupta R/ o Ward No. 9/4 , Hiranagar , Kathua on joining the Government sercice has surrendered her enrolment certificate , as an Advocate , vide her application dated 21-11-2013 . Therefore , her Enrolment Certificate bearing Enrolment No. JK - 1069 / 11 is kept in abeyance .

By order.

Notification

No. 1000 Dated 06-03-2014 .

This is notified that Mr. Vishal Kumar S / o Mr. Mohan Lal R / o Near Head Post Office . Udhampur on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 19-12-2013 . Therefore , his Enrolment Certificate bearing Enrolment No. JK - 1363 / 11 is kept in abeyance .

By order.

18 The J & K Govt . Gazette , 17th April , 2014 /27th Chai . , 1936. [ No. 3

Notification

No. 1001 Dated 06-03-2014 .

This is notified that Mr. Arun Verma S / o Mr. Jugal Kishore R / o H. No. 83 - A , W. No. 16 , Dina Nagar , Udhampur on joining the Government sercice has surrendered his enrolment certificate , as an Advocate , vide his application dated 26-11-2013 . Therefore , his Enrolment Certificate bearing Enrolment No. 40/08 is kept in abeyance .

By order.

Notification

No. 1002 Dated 06-03-2014 .

This is notified that Mr. Vipan Kumar S / o Mr. Tara Chand R / o Sari Rakwalan P / O Bhadrore , Tehsil and District Jammu on joining the Government sercice has surrendered his Enrolment Certificate , as an Advocate , vide his application dated 31-12-2013 . Therefore , his Enrolment Certificate bearing Enrolment No. JK - 1231 / 11 is kept in abeyance .

By order.

( Sd . ) SURESH KUMAR SHARMA ,

Registrar General .

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[ No. 3 127 ] Jammu , Thu. , the 17th April , 2014/27th Chai . , 1936.

Vol .

Separate paging is given to this part in order that it may be filed as a separate compilation .

I- B

PART

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT-GENERAL ADMINISTRATION DEPARTMENT.

Subject : Annual Darbar Move of Offices from Jammu to Srinagar for Summer Season - 2014 .

Government Order No. 383 - GAD of 2014 Dated 03-04-2014 .

It ishereby ordered that-

1. The offices , as indicated at Annexure " A " and " B " to this order, shall move to Srinagar, in full and in camp , respectively, for 12 The J & K Govt . Gazette , 17th April , 2014/27th Chai . , 1936. [No. 3

Summer Season , 2014. The offices observing five days a week shall close at Jammu on 25th April , 2014 ( Friday ) after the office hours and the offices observing six days a week shall close on the 26th April , 2014 ( Saturday ) after the office hours . All the offices shall reopen at Srinagar on 5th May , 2014 ( Monday, F. N ) .

All the departments shall ensure that records are packed in boxes after working hours on the last working day.

2. The offices moving in camp shall carry only 33% of the staff strength in the particular office or 10 officials , whichever is minimum or otherwise , as specifically indicated.

3. All the departments will depute their advance parties on 21st April , ( F. N ) , comprising one Gazetted Officer and four to five Non- Gazetted Employees , to receive the records at Srinagar .

4. The departments shall ensure that the records are properly packed in the Boxes /Trunks and the keys reach the advance parties at Srinagar, well in time . The SP Security, Civil Secretariat will furnish a list of defaulting departments in this regard to the Government (General Administration Department ) at Srinagar .

5. J & K SRTC will make available sufficient number of buses in good condition for transportation of Kashmir based employees on 26th and 27th April , 2014 and Jammu based employees on 3rd and 4th May, 2014. The booking of buses shall be for destination ( s ) of the employees , wherever feasible . Tickets shall be issued by the J & K SRTC in advance i . e . from 18th April , 2014 , both from the Civil Secretariat , as well as the main booking counters of J& K SRTC .

6. J & K SRTC will also make available trucks for shifting the records from Jammu to Srinagar . The trucks shall be requisitioned by the departments from J & K SRTC and the departments shall draw No. 3 ]

13 The J & KGovt . Gazette, 17th April , 2014/ 27th Chai . , 1936.

advance for meeting carriage and packaging charges . The trucks shall be allowed to enter into the Secretariat premises after 5:00 PM on 25th April , 2014. Loading of trucks shall commence on 26th April , 2014. Loading of records in the offices located outside the Secretariat Premises and observing six days week shall take place after the working hours on 26th April , 2014. The loaded trucks shall leave for Srinagar on 27th April , 2014 in a convoy.

7. J & K SRTC will ensure that one crane , two empty buses and two empty trucks accompany the convoy on their respective days , so that the employees do not face inconvenience due to any breakdown of Buses/ Trucks on the way. Mobile workshop shall also accompany the convoy.

8. Health Department will arrange Medical Aid facilities at Jajjarkotli , Udhampur , Kud , Patnitop , Ramban , Ramsu , Banihal , Qazigund , on the days when the employees travel from Jammu to Srinagar. Commissioner/ Secretary to the Government , Health and Medical Education Department will issue necessary instructions in this behalf to the Directorates of Jammu and Kashmir Division , accordingly.

9. SSP Security, Jammu will supervise the packing/ loading of records ofthe offices located outside the secretariat from security point of view and issue clearance certificates to the drivers , who in turn will show it to the SP Security, Civil Secretariat to allow them to be included in the convoy. The SP Security, Civil Secretariat will ensure entrance of trucks/ records in the Civil Secretariat , Jammu/ Srinagar, after proper scrutiny.

10. J& K Police will escort the convoy carrying employees and the records convoy, all along the route up to their respective destinations . They will also ensure that the Move convoy is given precedence in crossing the Jawahar Tunnel . Director General of Police will issue necessary instructions to the field agencies accordingly.

14 The J & K Govt . Gazette , 17th April , 2014/27th Chai .; 1936. [No. 3

11. No moving employee shall occupy any Government/ E.P / Municipal Residential accommodation except under proper allotment order.

12. The moving, employees having Ration Cards at Jammu shall surrender the same to the Director, Consumer Affairs and Public Distribution Department , Jammu and obtain a surrender certificate . The Director , Consumer Affairs and Public Distribution Department, Srinagar shall issue Ration Cards to move employees at Srinagar on the opening of the offices .

13. The employees who desire to move without families may retain the Ration Cars , at Jammu for the Summer Season .

14. The employees can retain the Government accommodation allotted to then at Jammu for bona fide use of their families under intimation to the Estates Department , on approved terms and conditions.

15. Special Move TA shall be paid at the uniform rate of Rs . 10,000 / - per move employee . This shall be drawn and disbursed in advance . Special move TA shall not , however , be payable to such of the employees , who do not move within the prescribed date .

16. Advance pay is also authorized in terms of Rule 14.26 of the J& K Financial Code (Vol - I ) in favour of such of the Non -Gazetted moving employees who may apply for the same , which shall be recoverable in installments as per rules .

17. Salary for the month ofApril , 2014 in respect of all the employees working in moving offices , shall be drawn on 21st April , 2014 .

18. No leave shall be admissible in combination/ continuation of move days , except in very exceptional circumstances . The concerned Administrative Secretaries shall sanction leave whatever due , to the employees in very exceptional circumstances only.

15 No. 3 ] The J & KGovt . Gazette , 17th April , 2014 /27th Chai . , 1936.

19. All the Administrative Departinents shall detach the staff, if any, attached by them from the subordinate offices of Jammu Division , before closure of Move offices in Jammu .

20. The office timings on the reopening of offices at Srinagar shall be as under-

9.30 A. M. to 5.00 P. M. 1. Civil Secretariat and Heads of Departments located within the Civil Secretariat Premises

10.00 A. M. to 4.00 P. M. 2. All Moving Heads of Departments located outside the Civil Secretariat and observing six days a week

By order of the Government of Jammu and Kashmir.

( Sd . ) M. A. BUKHARI , IAS ,

Secretary to Government, General Administration Department .

16 The J & K Govt. Gazette , 17th April , 2014 /27th Chai . , 1936. [No. 3

"A "

Annexure

Offices which shall Move in full-

1. All departments of the Civil Secretariat including :

i. Chief Ministers Secretariat .

ii . Personal Staff of Hon'ble Ministers

iii . Director , Estates

iv. Department of Civil Aviation .

v. Civil Secretariat Dispensary.

vi . Security Staff of Civil Secretariat .

vii . Civil Secretariat Treasury .

viii . Executive Director , Rehabilitation Council ( Social Welfare Department) .

2. State Chief Information Commissioner .

3. State Vigilance Commission .

4. Financial Commissioner, Revenue ( including Joint Director, Statistics in camp) .

5. Director General of Police including CID Organization .

6. IGP, Vigilance Organization , J & K .

7. Chief Electoral Officer , J & K .

8. Director General , Prisons .

9. Director General , Youth Services and Sports .

10. Director General , Fire and Emergency Services .

11. Principal Chief Conservator of Forests , J & K .

17 No. 3 ] The J & K Govt . Gazette, 17th April , 2014 /27th Chai . , 1936.

12. Director , Information .

13. Director, State Motor Garages .

14. Director , Hospitality and Protocol Department with the Catering Staff.

15. Director General , Accounts and Treasuries .

16. Director, Employment .

17. Director, Forest Protection Force .

18. Director , Technical Education .

19. Director , State Forest Research Institute .

20. Director , Tribal Affairs .

21. Development Commissioner , Power.

22. Labour Commissioner .

23. Accounts Officer, G. P. Fund Moving Cell .

24. Custodian General , J & K .

25. Transport Commissioner, J & K .

26. Chief Executive Officer, J & K e- Governance Agency.

27. Assistant Director /Programme Officer , AIDS Cell .

28. Special Officer Auqaf.

29. State Board of Technical Education .

30. J & K Advisory Board for Development for the Pahari Speaking People.

31. J & K Advisory Board for Development for the Gujjars and Bakerwals .

32. J & K State Electricity Regulatory Commission .

18 The J & K Govt . Gazette , 17th April , 2014 / 27th Chai . , 1936. [No. 3

33. J& K State Water Resources Regulatory Authority.

34. J & K State Commission for Women .

35. J& K Police Housing Corporation .

36. One Man Forest Authority.

37. Toshkhana Officer .

38. J & K State Accountability Commission .

39. Office of the Chief Engineer , Procurement and Material Management Wing , J & K .

40. Office of the Chief Engineer , Planning and Design Wing , J & K .

41. Office of the Directorate of Testing , Inspections and Commissioning , J & K.

42. J & K State Advisory Board for Welfare and Development of Kissans .

43. J & K State Advisory Board for Welfare and Development of other Backward Classes .

44. Office of the CEO/ Secretary, J& K Building and other Construction Workers Welfare Board .

45. Directorate of Local Fund , Audit and Pensions , J & K .

46. Directorate of Rashtriya Madhyamik Shiksha Abhiyan ( RMSA ) .

47. Controller, Drug and Food Control Organization .

48. Office of the Chairman , Committee for fixation of fee structure of Private Educational Institutions in the State .

49. Mission Director, J & K Women Empowerment Society.

59 Mission Director, J & K State Rural Livelihood Mission ( JKLRM ) .

19 No. 3 ] . The J & K Govt. Gazette , 17th April , 2014 /27th Chai . , 1936.

Annexure " B "

Office which shall move in camp-

1. Commissioner, Commercial Taxes .

2. Excise Commissioner , J & K with Skeleton Staff .

3. Director , Family Welfare MCH and Immunization .

4. Director , Indian System ofMedicines .

5. Director, Economics and Statistics .

6. Director , Soil Conservation .

7. Director, Environment and Remote Sensing.

8. Director , Sericulture .

9. Director of Stationery and Office Supplies with Marginal Staff.

10. Director , Audit and Inspection .

11. Director , Horticulture (P & M ).

12. Director, Handicrafts .

13. Director , Geology and Mining .

14. Director , Libraries and Research .

15. Director, Archives , Archeology and Museums .

16. Chief Architect .

17. Director , Finance Organization PDD

18. Project Chief, IWDP Hills , Forest Department .

19. Nucleus Staff of Funds Organization .

20. Gazette Section of J & K Government Press .

21. Registrar, Cooperatives .

22. Subordinate Office of Science and Technology Department .

23. Inspector General of Police , Railways .

24. Inspector General of Police , Crime .

25. Director , Social Forestry.

26. J & K Services Selection Board with staff as determined by the Chairman .

27. Board of Professional Entrance Examination as per the staff to be determined by the Chairman .

28. Chairman , State Pollution Control Board .

20 The J & K Govt . Gazette , 17th April , 2014 / 27th Chai . , 1936. [ No. 3

29. Board of Unani Ayurvedic System of Medicine .

30. J& K State Commission for Backward Classes .

31. J & K Special Tribunal with Marginal Staff.

32. Managing Directors of all PSUs with Skeleton Staff.

33. J& K Commercial Taxes Tribunal with Marginal Staff.

34. Director , Rural Sanitation .

35. DFO , Photo Interpretation Division ( Forest Department ) with Marginal Staff.

36. J& K Khadi and Village Industries Board with the staff, as determined by the Industries and Commerce Department .

37. J & K State Social Welfare Board .

38. J& K Housing Board .

39. Chief Wildlife Warden .

40. Chairman of the Committee for Monitoring and ensuring Fairness of Tests conducted by BOPEE .

41. Chairman of the Committee for Fixation of fee structure of Professional Colleges in the State .

42. Chief Engineer , Commercial and Survey Wing along with Driver .

43. J & K Academy of Art , Culture and Languages with 26 employees .

44. Director, Handloom Development Department .

45. Relief and Rehabilitation Commissioner ( Migrant ) .

46. Director , Fisheries .

47. Director , Defence Labour Procurement .

48. Empowered Officer , PMGSY ( JKRRDA ) .

49. Directorate of National Rural Health Mission .

50. Office of the J & K Medical Supplies Corporation .

( Sd . ) RAJESH SHARMA , KAS ,

Deputy Secretary to Government , General Administration Department .

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[ No. 3 . 127 ] Jammu , Thu .. the 17th April , 2014'27th Chai . , 1936.

Vol

Separate paging is given to this part in order that it may be filed as a separate compilation .

PART 11 - A

Orders by Heads of Departments .

CHARGE REPORTS

Certified that we have in the forenoon of this day respectively made over and received charge of the Office of Munsiff/ JMIC . Chenani .

Station : Chenani

Dated : 15-01-2014 .

(Sd.)

Tehsildar.

Executive Magistrate , Ist Class ,

Chenani .

Relieved Officer .

(Sd .)

Munsiff,

Judicial Magistrate , Ist Class ,

Chenani ( J & K ) .

Relieving Officer .

6 The J & K Govt . Gazette . 17th April , 2014'27th Chai . , 1936. [ No. 3

Certified that we have in the afternoon of this day respectively made over and received charge of the Office of Munsiff/ JMIC . Chenani .

Station : Chenani

Dated : 02-01-2014 .

(Sd . )

Munsiff.

Judicial Magistrate . Ist Class .

Chenani ( J & K ) .

Relieved Officer .

(Sd .)

Tehsildar,

Executive Magistrate, 1st Class .

Chenani .

Relieving Officer.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 3 Vol . 127 ] Jammu , Thu. , the 17th April , 2014 / 27th Chai . , 1936.

Separate paging is given to this part in order that it may be filed as a separate compilation .

PART II- B

Notifications , Notices and Orders by the Heads of Departments .

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 36/ DCS of2013 .

Whereas, the land specifications of which are given below is required for "Widening of Syed Mirak Shah Road Project " , Srinagar ;

Whereas , notification as required under sub - section ( 1 ) of section 4 of the Land Acquisition Act , Svt . 1990 was issued by the Collector , Land Acquisition , Syed Mirak Shah / K . Z. P. Road Project , Srinagar vide his No. ADC / Coll - LA / SMS - KZP / 581 dated 21-12-2013 ;

46 The J & K Govt . Gazette , 17th April , 2014/ 27th Chai . , 1936. [No. 3

Whereas , Government has delegated powers of authorization and declaration under sections 6&7 of the Land Acquisition Act , Svt . 1990 under SRO - 235 dated 11-08-2009 ;

Whereas , the undersigned is satisfied after considering the report furnished by the Collector, Land Acquisition , Mirak Shah / K . Z. P. Road Project , Srinagar that the land is required for public purpose viz . widening of Syed Mitak Shah Road Project , Srinagar .

Specification of land

District Tehsil Estate/ Mouza Str . No. Khasra No. Details of land

K. M. Sft .

LSD - 6

Srinagar Nortin

1352/644/2

Nowpora

00-02-128

1486/1354/644

Now, therefore , it is hereby declared under section 6 of the said Act that the land aforementioned is required for public purpose . Further , the Collector, Land Acquisition , Syed Mirak Shah/ K . Z. P. Road Project, Srinagar is directed under section 7 of the said Act , to take proceedings with acquisition of the land specifications which are given above .

(Sd.)

Deputy Commissioner ,

Srinagar.

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 31 / DCS of 2013 .

Whereas , the land specifications of which are given below is required for " Widening of Syed Mirak Shah Road Project " , Srinagar ;

No. 3 ] The J & K Govt . Gazette , 17th April , 2014/ 27th Chai . , 1936. 47

Whereas , notification as required under sub - section ( 1 ) of section 4 of the Land Acquisition Act , Svt . 1990 was issued by the Collector , Land Acquisition , Syed Mirak Shah / K. Z. P. Road Project , Srinagar vide his No. ADC/ Coll - LA / SMS - KZP / 577 dated 21-12-2013 ;

Whereas , Government has delegated powers of authorization and declaration under sections 6 & 7 of the Land Acquisition Act , Svt . 1990 under SRO - 235 dated 11-08-2009 ;

Specification of land

Khasra No. Details of land District Tehsil Estate/ Mouza Str . No.

K. M. Sft .

00-00-216.56

1450/640

LSD - 17

Nowpora

Srinagar North

Now , therefore , it is hereby declared under section 6 of the said Act that the land aforementioned is required for public purpose . Further, the Collector, Land Acquisition , Syed Mirak Shah/K. Z. P. Road Project , Srinagar is directed under section 7 of the said Act , to take proceedings with acquisition of the land specifications which are given above .

(Sd .)

Deputy Commissioner ,

Srinagar.

48 The J & K Govt . Gazette , 17th April , 2014 /27th Chai . , 1936. [ No. 3

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 37 / DCS of 2013 .

Whereas , the land specifications of which are given below is required for" Widening of Syed Mirak Shah Road Project " , Srinagar ;

Whereas , Government has delegated powers of authorization and declaration under sections 6 & 7 of the Land Acquisition Act , Svt . 1990 under SRO - 235 dated 11-08-2009 ;

Whereas , the undersigned is satisfied after considering the report furnished by the Collector , Land Acquisition , Mirak Shah/ K . Z. P. Road Project, Srinagar that the land is required for public purpose viz . widening of Syed Mirak Shah Road Project , Srinagar .

Specification of land

District Tehsil Estate/Mouza Str . No. Khasra No. Details of land

K. M. Sft .

LSD - 15

1450/640 00-11-172.73 Sft .

Srinagar North Nowpora

LSD - 16

LSD - 16A

Now, therefore , it is hereby declared under section 6 of the said Act that the land aforementioned is required for public purpose . Further , the Collector , Land Acquisition , Syed Mirak Shah/ K . Z. P. Road Project , Srinagar No. 3 ] The J & K Govt . Gazette , 17th April , 2014/ 27th Chai . , 1936. 49

is directed under section 7 of the said Act , to take proceedings with acquisition of the land specifications which are given above .

(Sd. )

Deputy Commissioner ,

Srinagar.

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 32/ DCS of 2013 .

Whereas , the land specifications of which are given below is required for "Widening of Syed Mirak Shah Road Project " , Srinagar ;

Whereas , notification as required under sub - section ( 1 ) of section 4 of the Land Acquisition Act , Svt . 1990 was issued by the Collector, Land Acquisition , Syed Mirak Shah / K . Z. P. Road Project , Srinagar vide his No. ADC/ Coll - LA / SMS - KZP / 578-80 dated 21-12-2013 ;

Whereas , Government has delegated powers of authorization and declaration under sections 6 & 7 o the Land Acquisition Act , Svt . 1990 under SRO - 235 dated 11-08-2009 ;

Specification of land

District Tehsil Estate /Mouza Str. No. Khasra Nos . Details of land

K. M. Sft .

Srinagar North Khanyar 200/KL- 1049,1050 00-16-59.87

ABCDE

1051 & 1052 50 The J & K Govt . Gazette , 17th April , 2014 / 27th Chai . , 1936. [ No. 3

Now, therefore , it is hereby declared under section 6 of the said Act that the land aforementioned is required for public purpose . Further, the Collector, Land Acquisition , Syed Mirak Shah/ K . Z. P. Road Project , Srinagar is directed under section 7 of the said Act , to take proceedings with acquisition of the land specifications which are given above .

(Sd .)

Deputy Commissioner,

Srinagar .

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 33 / DCS of 2013 .

Whereas , the land specifications of which are given below is required for " Widening of Syed Mirak Shah Road Project " , Srinagar ;

Whereas , Government has delegated powers of authorization and declaration under sections 6 & 7 of the Land Acquisition Act , Svt . 1990 under SRO - 235 dated 11-08-2009 ;

Whereas , the undersigned is satisfied after considering the report furnished by the Collector , Land Acquisition , Mirak Shah / K . Z. P. Road Project, Srinagar that the land is required for public purpose viz . widening of Syed Mirak Shah Road Project , Srinagar .

No. 3 ] The J & K Govt. Gazette , 17th April , 2014/ 27th Chai . , 1936. 51

Specification of land

Str . No.

District Tehsil Estate/Mouza

Khasra No. Details of land

K. M. Sft .

Srinagar North Rainawari LSD - 185 /2 2443/2335/94 00-03-250.89

Now, therefore , it is hereby declared under section 6 of the said Act that the land aforementioned is required for public purpose . Further, the Collector, Land Acquisition , Syed Mirak Shah/ K . Z. P. Road Project, Srinagar is directed under section 7 of the said Act , to take proceedings with acquisition of the land specifications which are given above .

(Sd .)

Deputy Commissioner ,

Srinagar .

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 34 / DCS of 2013 .

Whereas, the land specifications of which are given below is required for " Widening of Syed Mirak Shah Road Project " , Srinagar ;

Whereas , notification as required under sub - section ( 1 ) of section 4 of the Land Acquisition Act , Svt . 1990 was issued by the Collector , Land Acquisition , Syed Mirak Shah /K . Z. P. Road Project , Srinagar vide his No. ADC/ Coll - LA / SMS - KZP / 584 dated 21-12-2013 ;

Whereas , Government has delegated powers of authorization and declaration under sections 6 &7 of the Land Acquisition Act , Svt . 1990 under SRO - 235 dated 11-08-2009 ;

52 The J& KGovt . Gazette , 17th April , 2014 / 27th Chai . , 1936. [No. 3

Whereas , the undersigned is satisfied after considering the report furnished by the Collector, Land Acquisition , Mirak Shah / K . Z. P. Road Project , Srinagar that the land is required for public purpose viz. widening of Syed Mirak Shah Road Project , Srinagar.

Specification of land

District Tehsil Estate/Mouza Str . No. Khasra No. Details of land

K. M. Sft .

Srinagar North

639

Nowpora

00-03-226.99

LSD - 25

(Sd .)

Deputy Commissioner ,

Srinagar.

GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , SRINAGAR .

Notification No. 35/DCS of 2013 .

Whereas , the land specifications of which are given below is required for " Widening of Syed Mirak Shah Road Project " , Srinagar ;

Whereas , notification as required under sub - section ( 1 ) of section 4 of the Land Acquisition Act , Svt . 1990 was issued by the Collector, Land Acquisition , Syed Mirak Shah / K . Z. P. Road Project , Srinagar vide his No. ADC / Coll - LA / SMS - KZP / 583 dated 21-12-2013 ;

No. 3 ] The J & K Govt. Gazette , 17th April , 2014 /27th Chai . , 1936. 53

Whereas , Government has delegated powers of authorization and declaration under sections 6 & 7 of the Land Acquisition Act, Svt . 1990 under SRO - 235 dated 11-08-2009 ;

Whereas , the undersigned is satisfied after considering the report furnished by the Collector, land Acquisition , Mirak Shah/ K . Z. P. Road Project, Srinagar that the Land is required for public purpose viz . widening of Syed Mirak Shah Road Project , Srinagar .

Specification of land

Details of land

Khasra No.

Tehsil Estate/ Mouza Str . No.

District

K. M. Sft .

00-01-34-37

1625 / Alif

LSD - 50A

Brari Numbal

Srinagar North

Now, therefore , it is hereby declared under section 6 of the said Act that the land aforementioned is required for public purpose . Further, the Collector , Land Acquisition , Syed Mirak Shah / K . Z. P. Road Project , Srinagar is directed under section 7 of the said Act , to take proceedings with acquisition of the land specifications which are given above .

(Sd.)

Deputy Commissioner,

Srinagar.

OFFICE OF THE COMMERCIAL TAXES OFFICER , CIRCLE " G " , JAMMU .

Notification under Rule 6( 1 ) of the CST ( J & K ) Rules , 1958 .

It has been reported by M/ s Dabur India Ltd. , Bari Brahmana , Jammu TIN 01801071011 that two " C " Forms having serial No. 04V - 766281 54 The J & K Govt . Gazette , 17th April , 2014 /27th Chai . , 1936. [No. 3

to 04V- 766282 have been lost and the matter stands published in the following newspapers :-

1. Jansatta , Delhi dated 19th April , 2013 .

2. Indian Express , dated 19th April , 2013 .

The dealer has also furnished indemnity bond in this respect which is placed in the record file . Hence , the above mentioned two " C " Forms are hereby declared invalid for the purpose of sub - section (4 ) of section 8 of the CST Act , 1956. Anybody fraudulently using the above mentioned " C " Forms would render himself liable for penal action as per law. The person /s who find/ finds the above mentioned " C" Forms will please return the same to the undersigned .

No. of C Forms

Serial No.

Name and address of the dealer

Registration No./TIN

Whether lost/ stolen or destroyed

Address of the dealer to whom " C" Forms are issued

= 02 (Two).

= 04V- 766281 to 04V- 766282 .

M/ s Dabur India Ltd. Bari Brahmana , Jammu .

= 01801071011 .

= Lost .

= HBD Packing Pvt . Ltd. , Greater Noida , U. P.

(Sd .)

Assessing Authority, Commercial Taxes Circle " G " ,

Jammu .

No. 3 ] The J & KGovt . Gazette , 17th April , 2014 / 27th Chai . , 1936. 55

OFFICE OF THE COLLECTOR , LAND ACQUISITION

( ASSISTANT COMMISSIONER , REVENUE ) , UDHAMPUR .

Subject :-Notification under section 4 ( 1 ) of Land Acquisition Act , No. 10 of 1990 Svt .

In exercise of the powers conferred upon me under sub - section ( 1 ) of section 4 of the Land Acquisition Act , 1990 BK , I , Nagendra Singh Jamwal , KAS , Collector , Land Acquisition ( Assistant Commessioner, Revenue ) , Udhampur do hereby notify the land particulars of which are given below is likely to be needed for public purposes namely for construction of road from Sira to Garhi in Village Sira , Tehsil Chenani , District Udhampur under PMGSY Scheme , Phase -VII .

Objection , if any, to the acquisition of the said land will be received by undersigned within fifteen ( 15 ) days from the date of publication of this notification .

Particulars of land

Area

Kh . Nos .

Tehsil

District

Village

Κ. Μ .

Sira

706/234

04-15 Chenani

Udhampur

04-09

706/334

00-08

281 m

01-06

706/334

01-03

328 m

01-05

328 m 56 The J & K Govt . Gazette , 17th April , 2014/ 27th Chai . , 1936. [ No. 3

282 m

290 m

313 m

957/310/311

956/310 m

309 m

307 m

306 m

305 m

301 m

227 m

231 m

778/159

197 m

197

197 m

Κ . Μ .

01-03

00-10

00-12

00-11

01-13

00-02

01-04

01-11

01-03

02-02

03-16

02-18

00-16

03-02

00-18

01-13

00-16

02-11 No. 3 ] The J & K Govt . Gazette, 17th April , 2014/ 27th Chai . , 1936. 57

197 m

196 m

195 m

193 m

141 m

195 m

139 m

192 m

865/143 m

Κ . Μ .

00-19

00-07

00-15

01-06

02-16

01-13

01-17

02-09

00-17

02-03

00-16

01-14

01-15

02-04

06-02

01-13

00-04

02-07

00-12

02-15

04-10 58 The J & K Govt . Gazette , 17th April , 2014 / 27th Chai . , 1936. [No. 3

Κ . Μ .

865/143 m

00-08

865/143 m

01-11

865/143 m

01-04

865/143 m

01-15

865/143 m

00-05

865/143 m

03-00

02-18

148 m

179 m

02-07

Total

92-01

( Sd . ) NAGENDRA SINGH JAMWAL , KAS ,

Collector , Land Acquisition (Asstt . Commissioner , Revenue ) ,

Udhampur.

Notice

I , Ranjeet Kour W/ o Shri Baldev Singh R/ o Jourian , Ward No. 6 , Tehsil Akhnoor , District Jammu have changed my name from Ranjit Kour to Ranjeet Kour . Now , my name be considered as Ranjeet Kour instead of Ranjit Kour.

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 3 Vol . 127 ] Jammu, Thu. , the 17th April , 2014/27th Chai . , 1936.

Separate paging is given to this part in order that it may be filed as a separate compilation .

ADVERTISEMENT-C

POLICE HEADQUARTERS , J & K , JAMMU .

Subject :-Amendment in BoQ of e -Tender No. 28 of 2013 dated 30-12-2013 floated for supply of Medical Equipments .

In order to facilitate the intending tenderers to quote the rates of optional accessories , the BoQ of the e -Tender No. 28 of 2013 dated 30-12-2013 floated for supply of Medical Equipments is amended 6

The J & K Govt . Gazette , 17th April , 2014/ 27th Chai . , 1936. [No. 3

to the extent that the intending tenderers would be able to quote their rates against optional accessories mentioned below :-

Name of the tendered item

Item

Rate

Bed Side Monito (Item No. 6)

IBP and ETCO2 Module ( Sr. No. 20 optional )

Integrated auxilary 02 flowmeter (optional )

Boyles Apparatus with Ventilator and Accessories (Item No. 15 )

Dental Chair OPG (Item No. 26)

Free standing base unit (Sr. No. XX optional )

However, other terms and conditions of e - Tender shall remain unchanged.

(Sd. )

Dy. S. P. ( Provision )

For Director General of Police ,

J&K, Jammu .

24۔جموںوکشمیرگورنمنٹگزٹنمبر03مورخہ17اپریل2014ءبمطابق27چیترا1936۔

ضمیمہج

307,147,148,323/ 458,447 RPC بجرائمزیردفعات۔

وارنٹگشتیعامزیردفعہ512ضرف

بخلافملزم۔نثارحسینولدرحمتاللہقومملکساکنہمغلآبادتحصیلسرنکوٹ

حکمبنام۔اہلکارانپولیسریاستجموںوکشمیر

مقدمهمندرجہعنوانالصدرمیںملزممتذکرہحاضریعدالتسےغیرحاضرہو چکاہے۔بارباطلبکرنےپربھیملزمدستیابنہہوا۔اسنسبترپورٹتلاشکنندهو رپورٹچوکیدارسےصافعیاںہےکہملزمکیدستیابیکیسردستکوئیامیدنہ ہے۔لہذارپورٹتلاشکنندہسےاطمینانکرکےملزممذکورکےخلافکارروائی زیردفعہ512ضفباعمللائیگئیہے۔

لہذاآپکوحکمواختیاردیاجاتاہےکہآپکوملزممتذکرہالصدراندرحدودریاست جموںوکشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتوگرفتارکرکےہمارےروبروعدالت ہذامیںپیشکریں۔

وارنٹہذاآجمورخہ27نومبر2013ءدستخطہمارےاورمہرہائےعدالت سےجاریہوا۔نیزتادستیابیملزمزیرکاررہے۔

دستخطسیشنججپونچھ۔

ضمیمہج-جموںوکشمیرگورنمنٹگزٹنمبر13مورخہ17اپریل2014ءبمطابق27چیترا1936-23

وارنٹگشتیعامزیردفعہ512ضف

Rattna Devi W / o Lt. Chaman Lal - بخلافملزمہ

Caste Lohar R/ o Village Draj Tehsil Kotranka

حکمبنام۔اہلکارانپولیسریاستجموںوکشمیر

مقدمہمندرجہعنوانالصدرمیںآپکوحکمدیاجاتاہےکہآپملزمہکواندرحدود ریاستجموںوکشمیرجہاںکہیںبھیملےکوگرفتارکرکےروبروعدالتہذامیںپیشکریں۔ تادستیابیملزمہزیرکاررہےگا۔

تحريرالصدر2013-11-13

دستخط۔منصفجوڈیشلمجسٹریٹدرجہاولبدھل

ازعدالتسیشنججپونچھ

سرکاربنامنظارتحسینوغیره

مثلنمبر09/سیشنمتدائرہ12-03-09تاریخآئندہ2013-12-24

بذریعہعلتنمبر196سال2007ءتھانہپولیسپونچھ

22-جموںوکشمیرگورنمنٹگزٹنمبر103مورخہ17اپریل2014ءبمطابق27چیترا1936-ضمیمہج

مقدمهبذانبالادرمثلنمبر30/چالانتاریخدائرہ2009-09-12میںآپ عدالتہذاکیتاریخپیشویسےبدستورغیرحاضرہوچکےہو۔اورقراربیانتعمیلکنندهملزم مذکورکیدستیابیکیجانیبطریقمعمولہوئیمشکلہے۔

الہذاامروزوارنٹہذااجراءکیاجاکرآپاہلکارانپولیسریاستجموںوکشمیرکو حکمکیاجاتاہےکہاگرملزممذکورجہاںکہیںاندرحدودریاستہوکوگرفتارکرکےپیش عدالتہذاکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔

دستخط۔منصفجوڈیشلمجسٹریٹدرجہاولرامبن(جےاینڈکے)۔

ازعدالتجوڈیشلمجسٹریٹدرجہاولبدھل

سرکاربنامدیوراجوغیره

مثلنمبر51/چالان،تاریخدائرہ2013-11-13

بذریعہعلتنمبر87سال2013ء،تھانہپولیسبدھل

بجرائمزیردفعات306/109

1936-21

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر03مورخہ17اپریل2014ءبمطابق27ديترا

ہوچکےہیںجیساکہبیاناتتحمیلکنندگانسےعیاںہےکہملزمانمتذکرہبالاکیدستیابی بطریقمعمولیہوئیمشکلہے۔

لہذاملزمانمتذکرہبالاکےخلافوارنٹگشتیجاریکیاجاکراہلکارانپولیس ریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزمانمتذکرہبالااندرحدودریاست جموںوکشمیرجہاںکہیںبھیدستیابہوںکوگرفتارکرکےعدالتہذامیںپیشکریں۔ وارنٹہذاتادستیابیملزمانزیرکاررکھیں۔

دستخطسیشنججکشتواڑ

ازعدالتجوڈیشلمجسٹریٹدرجہاولرامبن

سرکاربنامبھوپیندرسنگھ

بذریعہعلتنمبر133سال2009ءپولیساسٹیشنرامبن

بجرائمزیردفعات۔

188RPC 3 / C.Λ.Act 66 / 192,3 / 181,39 / 192,56 / 192

M.V. Act

وارنٹاشتہاریزندہ512ضف

خلافملزمبھوپیندرسنگھولدراجندرسنگھساکنہچکاحمدیارآر۔ایسپورہجموں۔ حکمبنام۔اہلکارانپولیسریاستجموںوکشمیر 20-جموںوکشمیرگورنمنٹگزٹنمبر03مورخہ17اپریل2014ءبمطابق27چیترا1936۔ضمیمہ

ازعدالتپرنسپلسیشنججکشتواڑ

سرکاربنامذاکرحسینوغیره

مثلنمبر59/سیشندائره2013-10-22

بذریعہعلتنمبر160سال2013ء،تھانہپولیسکشتواڑ

بجرائمزیردفعات۔

435/427/332/ 336 / 436 /452/ 353 / 323 / 147 / 148 / 149 / 124 - A RPC

وارنٹگشتیبنام۔اہلکارانپولیسریاستجموںوکشمیر معاملهعنوانالصدرمثلنمبر59/سیشندائره2013-10-22میںملزماننمبر (1)جاویداحمدولدعبدلرحمانساکنہسمنہکالونیکشتواڑ(2)مقبولحسیندکاندارساکنه باندانهکشتوار(3)فیضانزرگروالدامتیاززرگرساکنہزرگرمحلهکشتواڑ(4)وسیمعرفراجوولد گلهساکنہسنگرامبھاٹہکشتواڑ(5)اخترحسینولدسلامماسٹر(6)ارشدحسینولدلسهماسٹر (7)امتیازحسینولدلسهماسٹر(8)اشفاقحسینولدغلامنبیگاڈ(9)ارشادحسین ملازم)(10)حقنوازولدعبدلرشید(11)شاهنوازولدعبدلرشید(12)طارق ولدغلاممحمدبٹ(13)جعفرحسینولدمحمدرمضان(14)غلاممصطفیٰولدعبدلعزیززرگر (15)تنویراحمدولدغلامرسولبٹ(16)غلامرسولولدفتحمحمدملزمان1تا13ساکنان سنگرامبھانہکشتواڑ(14)تاساکنہبنآستانکشتواڑ۔ازابتدائیتفتیشسےہیپسوپیش ضمیمہن۔جموںوکشمیرگورنمنٹگزٹنمبر13مورخہ17اپریل2014ءبمطابق27چیترا1936-1

بخلافملزم-خورشیداحمدمیرولدمحمدابراہیممیرساکنہدرگنجینزدیکعمرمسجدحالعملدار

کالونیبمنہبائیپاسسرینگر۔

حکمبنام۔اہلکارانپولیسریاستجموںوکشمیر

معاملہمندرجہعنوانالصدرمیںچالانمتذکرہبالاعدالتہذامیںبغرض سماعترواںہے۔جسمیںملزممتذکرہبالاحاضرعدالتنہہورہاہےاورملزمکے خلافعدالتہذاسےبارباروارنٹگرفتاریاجراہونےکےباوجودملزمحاضرعدالتنہ ہورہاہے۔اسنسبتوارنٹاجراءشدہکیرپورٹسےبھیعیاںہےکہملزمدستیابنہ ہورہاہے۔اسطورعدالتہذاکوبھیاطمینانہوچکاہےکہبطریقمعمولملزممتذکرہبالا کیدستیابیفیالحالممکننہہے۔

{

لہٰذاملزمکےخلافکارروائیزیردفعہ512ضفعملمیںلائیجاکرتمام اہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہآپملزم، ہےکہآپملزممتذکرہبالاکو جہاںکہیںاندرحدودریاستجموںوکشمیردستیابہوکوگرفتارکرکےعدالتہذامیں ہمارےروبروپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔

وارنٹہزاراقمکےدستخطومہرعدالتسےجاریہواہے۔

29-10-2013 .

دستخط۔سبحجمطالبہخفیفہ(جوڈیشلمجسٹریٹدرجہاوّل)سرینگر۔

ضمیمہج

18-جموںوکشمیرگورنمنٹگزٹنمبر03مورخہ17اپریل2014،بمطابق27چیترا1936۔

وارنٹگشتیعامزیردفعہ512ضف

بنامریاضاحمدنگروولدنامحسننگروساکنهنورباغبارہمولہ

حکمبنام۔اہلکارانپولیسریاستجموںوکشمیر

مقدمہمندرجہعنوانالصدرمیںآپکوحکمواختیاردیاجاتاہےکہملزمبالاکوجہاں کہیںبھیاندرحدودریاستجموںوکشمیرمیںدستیابہوتوگرفتارکرکےعدالتہذامیں پیشکریں۔وارنٹگشتیعامتادستیابیملزمزیرکاررہےگا۔

30-11-2012

دستخط۔تھرڈایڈیشنلمنصفجوڈیشلمجسٹریٹدرجہاولسرینگر۔

ازعدالتسبحجمطالبہخفیفہ(جوڈیشلمجسٹریٹدرجہاول)سرینگر

سرکاربنامخورشیداحمدمیر

بذریعہعلتنمبر47سال2007ء،تھانہپولیسراممنشیباغ

بجرائمزیردفعہ2RPC/294

وارنٹگشتیعامزیردفعہ512512ضف

ضمیمه

رجسٹرڈنمبرجےکے۔33

جموںوکشمیرگورنمنٹگزٹ

جلدنمبر127۔جموں۔مورخہ17اپریل2014ءبمطابق27چیترا1936ویروارنمبر03

اشتہارات

ازعدالتتھرڈایڈیشنلمنصفجوڈیشلمجسٹریٹسرینگر

سرکاربنامعلیمحمدمیروغیرہ

بذریعہعلتنمبر128سال1999ء،پولیساسٹیشنمانسیمہ