EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 127] Srinagar, Mon., the 25th Aug., 2014/3rd Bhad., 1936.

[No. 21-1

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.

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 64 of the Rules of Procedure and Conduct of Business

in the Jammu and Kashmir Legislative Assembly, the following Bill

together with the Statement of Objects and Reasons, is published in an

extraordinary issue of the Government Gazette.

By order of the Hon'ble Speaker.

(Sd.) M. RAMZAN,

Secretary.

2

The J&K Govt. Gazette, 25th Aug., 2014/3rd

Bhad., 1936.

[No. 21-1

THE JAMMU AND KASHMIR CIVIL SERVICES (SPECIAL

PROVISIONS) (AMENDMENT) BILL, 2014.

[L. A. Bill No. 13 of 2014.]

A Bill to amend the Jammu and Kashmir Civil Services (Special

Provisions) Act, 2010.

Be it enacted by the State Legislature in the Sixty-fifth Year of the

Republic of India as follows :—

1. Short title and commencement.—(1) This Act may be called the

Jammu and Kashmir Civil Services (Special Provisions) (Amendment)

Act, 2014.

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

Government Gazette.

2. Amendment of section 10, Act No. XIV of 2010.—In section 10

of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010,

in sub-section (2), for the words and figures "up to 15th of January, 2013",

the words and figures,"up to 31st of March, 2015", shall be substituted.

No. 21-1]

The J&K Govt. Gazette, 25th Aug., 2014/3rd Bhad., 1936.

3

STATEMENT OF OBJECTS AND REASONS

Sub-sectioti (2) of section 10 of the Jammu and Kashmir Civil

Services (Special Provisions) Act, 2010 imposed an obligation on the

Administrative Departments to refer all the cases of Ad hoc/Contractual/

Consolidated employees for regularization to the Empowered Committee

within sixty days of commencement of the Act. A number of departments

failed to furnish the relevant information within the prescribed period of

time. In view of this, sub-section (2) of section 10 of the Act was amended

by promulgation of an Ordinance as the State Legislature was not in

session wherein the period of 60 days as contained in the Act was

extended up to 31st of January, 2011. All the Administrative Departments

were requested to ensure submission of relevant information, if pending

within the prescribed period of time. The Amendment Bill was accordingly

passed by the State Legislature and was deemed to have come into force

from 28-01-2011. However, a number of departments left-out some cases

of

ad hoc/contractual/consolidated

employees.

Accordingly

all

the

departments were requested vide 0. M. No. PS/DC/20I2/68 dated

27-12-2012, to make available requisite information regarding left-out

cases to the Empowered Committee. Thereafter, the State Legislature

extended the cut-off date for receipt of these cases up to 15th of

January, 2013. Despite these extensions in the time period, certain

Departments have again come up with the left-out cases for consideration.

Since the concerned departments have not acted in time and have

furnished the required information after cut-off date, some genuine cases

have been left-out for no fault of the concerned persons. These cases

seem genuine and cannot be totally left-out from the ambit of J&K Civil

Services (Special Provisions) Act, 2010. Therefore, it is just and necessary

to amend section 10 of the said Act so that all these cases of Ad hoc/

Contractual/Consolidated

employees

could

be

considered

by

the

Empowered Committee for regularization.

Hence the Bill.

FINANCE MINISTER.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 127]

Srinagar, Tue., the 26th Aug., 2014/4th Bhad., 1936.

[No. 21-2

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.

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 64 of the Rules of Procedure and Conduct of Business

in the Jammu and Kashmir Legislative Assembly, the following Bill

together with the Statement of Objects and Reasons, is published in an

extraordinary issue of the Government Gazette.

By order of the Hon'ble Speaker.

(Sd.) M. RAMZAN,

Secretary.

2

The J&K Govt. Gazette, 26th Aug., 20I4/4th Bhad., 1936.

[No. 21-2

THE JAMMU AND KASHMIR STATE LEGISLATIVE

MEMBERS PENSION (AMENDMENT) BILL, 2014.

[L. A. Bill No. 14 of 2014.]

A Bill to amend the Jammu and Kashmir State Legislature Members

Pension Act, 1984.

Be it enacted by the State Legislature in the Sixty-fourth Year of

the Republic of India as follows :—

1. Short title and commencement.—(1) This Act may be called the

Jammu and Kashmir State Legislature Members Pension (Amendment)

Act, 2014.

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

Government Gazette.

2. Amendment in section 3, Act II of 1984—\n section 3 of the

Jammu and Kashmir State Legislature Members Pension Act, 1984,—

(i) In sub-section (1) for the words "There shall be paid a pension"

the words, "with effect from 1st September, 2009, there shall

be paid a pension" shall be substituted ;

(ii) After sub-section (1-A), the following sub-section shall be

added, namely :—

"(l-B) The arrears of the pension for the period from

01-09-2009 till the date of commencement of the Jammu and

Kashmir State Legislature Members Pension (Amendment)

Act,

2011

shall

be

paid

in

three

equal

installments

commencing from the year 2014-15."

No. 21-2]

The J&K Govt. Gazette, 26th Aug., 2014/4th Bhad., 1936.

3

STATEMENT OF OBJECTS AND REASONS

The pension of Ex-Legislators is governed by the Jammu and

Kashmir State Legislature Members Pension Act, 1984. The said Act was

amended in the year 2011 by the Jammu and Kashmir State Legislature

Members Pension (Amendment) Act, 2011. The date of commencement

of the said Amendment Act was from the date of publication in the

Government Gazette i. e. 21st of April, 2011. There has been a constant

demand from Ex-Legislators to give effect to said amendment from

01-09-2009 as has been done in case of revision of salaries and allowances

to Hon'ble sitting Members of the State Legislature. The Bill seeks to

give effect to the Jammu and Kashmir State Legislature Members Pension

(Amendment) Act, 2011 from 01-09-2009.

MINISTER FOR

LAW, JUSTICE AND PARLIAMENTARY AFFAIRS.

4

The J&K Govt. Gazette, 26th Aug., 2014/4th

Bhad., 1936.

[No. 21-2

FINANCIAL MEMORANDUM

The Bill seeks to give effect to the Jammu and Kashmir State Legislature

Members Pension (Amendment) Act, 2011 from 01 -09-2009. The approximate

annual expenditure on this account shall be to the tune of Rs. 7.09 Crores.

The exact annual expenditure cannot be anticipated.

MINISTER FOR

LAW, JUSTICE AND PARLIAMENTARY AFFAIRS.

No. 21-2]

The J&K Govt. Gazette, 26th Aug.. 2014/4th Bhad., 1936.

RECOMMENDATION OF THE GOVERNOR

The Governor has in pursuance of sub-sections (!) and (3) of

section 84 of the Constitution of Jammu and Kashmir recommended to the

Jammu and Kashmir Legislative Assembly the introduction and consider-

ation of the Bill.

(Sd.) M. RAMZAN,

Secretary.

EXTRAORDINARY

REGD. NO. JK—33

^

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 127]

Srinagar. Wed., the 27th Aug., 2014/5th Bhad.. 1936.

[No. 21-3

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

separate compilation.

P A R T HI

Laws, Regulations and Rules passed thereunder.

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 64 of the Rules of Procedure and Conduct of

Business in the Jammu and Kashmir Legislative Assembly, the

following Bill together with the Statement of Objects and Reasons,

is published in an extraordinary issue of the Government Gazette.

By order of the Hon'ble Speaker.

(Sd.) M. RAMZAN,

Secretary.

2

The J&K Govt. Gazette, 27th Aug.. 2014/5th

Bhad.. 1936.

[No. 21-3

T H E J A M M U AND K A S H M I R M A I N T E N A N C E AND

W E L F A R E O F P A R E N T S AND S E N I O R C I T I Z E N S

BILL, 2014

[L. A. Bill No. 15 of 2014.]

A

Bill to provide for more effective provisions

for the

maintenance and welfare of parents and senior citizens as guaranteed

and recognized under the Constitution and for matters connected

therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-fifth Year of the Republic of India as follows :—

CHAPTER I

Preliminary

1. Short title, extent ami commencement.—(1) This Act m a y

be called the Jammu and Kashmir Maintenance and Welfare of

Parents and Senior Citizens Act, 2014.

(2) It shall extend to the whole of the State of Jammu and

Kashmir.

(3) It shall c6me into force on such date as the Government

may, by notification in the Government Gazette, appoint and

different dates may be appointed for different provisions of this Act

and for different areas.

2. Definitions.—In this Act, unless the context otherwise

requires,—

(a) "Act" means the Jammu and Kashmir Maintenance and

Welfare of Parents and Senior Citizens Act. 2014 :

(b) "children" includes son, daughter, grandson and grand-

daughter but does not include a minor ;

(c) "Government" means the Government of the State of

Jammu and Kashmir ;

No. 21-3]

The J&K Govt. Gazette, 27th Aug., 2014/5th

Bhad., 1936.

3

(d) "maintenance" includes provision for food, clothing,

residence, medical attendance and treatment ;

(e) "minor" means a person who, under the provisions of

the Majority Act, Samvat 1977 is deemed not to have

attained the age of majority ;

(f) "parent" means father or mother whether biologic or

step father or step mother, as the case may be, whether

or not the father or the mother is a senior citizen ;

(g) "prescribed" means prescribed by rules made by the

Government under the Act ;

(h) "property"

means

property

of

any

kind,

whether

movable or immovable, ancestral or self acquired,

tangible or intangible and indudes rights or interests in

such property ;

(i) "relative" means any legal heir of the childless senior

citizen who is not a minor and is in possession of or

would inherit his property after his death :

(j) "senior citizen" means any person being a permanent

residence of the Jammu and Kashmir State, who has

attained the age of sixty years or above ;

(k) "Tribunal" means the Maintenance Tribunal constituted

under section 7 :

(1) "welfare" means provision for food, healthcare, recreation

centres and other amenities necessary for the senior

citizens.

3. Act to have overriding effect.—The provisions of the Act

shall have effect notwithstanding anything inconsistent therewith

contained in any enactment other than this Act. or in any instrument

having effect by virtue of any enactment other than the Act.

4

The J&K Govt. Gazette. 27th Aug.. 20l4/5th

Bhad., 1936.

[No. 21-3

CHAPTER II

Maintenance of Parents and Senior Citizens

4. Maintenance of Parents and Senior Citizens.—^:(1) A senior

citizen including parent who is unable to maintain himself from his

own earning or property owned by him, shall be entitled to make

an application under section 5 in case of—

(a) parent or grand-parent, against one or more of his

children not being a minor ;

(b) a childless senior citizen, against such of his relative

referred to in clause (i) of section 2 ;

(2) The obligation of the children or relative, as the case may

be, to maintain a senior citizen extends to the needs of such citizen

so that, senior citizen may lead a normal life.

(3) The obligation of the children to maintain his or her parent

extends to the needs of such parent either father or mother or both,

as the case may be, so that such parent may lead a normal life.

(4) Any person being a relative of a senior citizen and having

sufficient means shall maintain such senior citizen provided he is

in possession of the property of such senior citizen or he would

inherit the property of such senior citizen :

Provided that where more than one relatives are entitled to

inherit the property of a senior citizen, the maintenance shall be

payable by such relative in the proportion in which they are in

possession of, or would inherit, his property.

5. Application f o r maintenance,—(1) An application for

maintenance under section 4, may be made—

(a) by a senior citizen or a parent, as the case may

be ; or

No. 21-3]

The J&K Govt. Gazette. 27th Aug.. 2014'5th

Bhad.. 1936.

• (b) if he is incapable, by any other person, or organization

'authorized by him in this behalf ; or

(c) the Tribunal may take cognizance sua moto.

\

Explanation :—For the purposes of this section "organization" means

any

voluntary

association

registered

under

the

Societies Registration Act, Samvat 1998, or any

other law for the time being in force in the State.

-

(2) The Tribunal may, during the., pendency of the proceeding

regarding monthly allowance for the maintenance under this section,

order such children or relative to make-9-jajonthly allowance for the

interim maintenance of such senior citiz^n .or parent and to pay the

same to such senior citizen or parent as the Tribunal may, from time

to time, direct.

\

(3) On receipt of an application for maintenance under sub-

section (1), after giving notice of the application to the children or

relative and after giving the parties an opportunity of being heard,

hold an inquiry for determining the amount of/maintenance.

.

S'

1,

(4) An application filed under sub-section (2) for the monthly

allowance for the maintenance and expenses'far proceeding shall

be disposed of within ninety days from the date of the service of

notice of the application to such person :

^ ¹

Provided that the Tribunal may qxtend :the said period by a

maximum of thirty days in exceptional circumstances j o r reasons

I

^

to be recorded in writing.

(5) An application for maintenance under sub-section (1) may

be filed against one or more persons :

Provided that such children or relative may impaled the other

person

liable to maintain parent or the senior citizen in the

application for maintenance.

The J«&K Govt. Gazette. 27th Aug.. 2014/5th

Bhad.. 1936.

[No. 21-3

(6) Where a maintenance order was made against more than

one person, the death of one of them does not affect the liability

of others to continue paying maintenance.

(7) Any such allowance for the maintenance and expenses for

proceeding shall be payable from the date of the order, or, if so

ordered, from the date of the application for maintenance or expenses

of proceeding, as the case may be.

(8) If. children or relative so ordered fail, without sufficient

cause to comply with the order. Tribunal may, for every breach of

the order, issue a warrant for levying the amount due in the manner

provided for levying fines, and may sentence such person for the

whole, or any part of each month's allowance for the maintenance

and expenses of proceeding, as the case may be. remaining unpaid

after the execution of the warrant, to imprisonment for a term which

may extend to one month or until payment if sooner made, whichever

is earlier :

Provided that no warrant shall be issued for the recovery of

any amount due under this section unless application be made to

the Tribunal to levy such amount within a period of three months

from the date on which it became due.

6. Jurisdiction and Procedure.—(I) The proceedings under

section 5 may be taken against any children or relative in any

district—

(a) where he resides or last resided : or

(b) where children or relative resides.

(2) On receipt of the application under section 5. the Tribunal

shall issue a process for procuring the presence of children or relative

against whom the application is filed.

(3) For securing the attendance of children or relative, the

Tribunal shall have the power of a Judicial Magistrate of First Class

as provided under the Code of Criminal Procedure, Samvat 1989.

No. 21-3]

The J&K Govt. Gazette. 27ih Aug.. 20l4/5th

Bhad.. 1936.

(4) All evidence to such proceedings shall be taken in the

presence of the children or relative against whom an order for

payment of maintenance is proposed to be made, and shall be

recorded in the manner prescribed for summons cases :

Provided that if the Tribunal is satisfied that the children or

relative against whom an order for payment of maintenance is

proposed to be made is willfully avoiding service, or willfully

neglecting to attend the Tribunal, the Tribunal may proceed to hear

and determine the case ex parte.

(5) Where the children or relative is residing out of State, the

summons shall be served by the Tribunal through such authority,

as the Government may by notification in the Government Gazette,

specify in this behalf

(6) The

Tribunal

before

hearing

an

application

under

section 5 may, refer the same to a Conciliation Officer and such

Conciliation Officer shall submit his findings within one month and

if amicable settlement is arrived at within the said period, the

Tribunal shall pass an order to that effect.

Explanation :—For the purposes of this sub-section "Conciliation

Officer" means any person or representative of

an

organization

referred

to

in

Explanation

to

sub-section (1) of section 5 or the Maintenance.

Officers

designated

by

the

Government

under

sub-section (1) of section 18' or any other person

nominated by the Tribunal for this purpose.

7.

Constitution of Maintenance Tribunal.—{1) The Government

shall

within

a

period

of

six

months

from the

date

of

the

commencement of this Act, by notification in the Government

Gazette, constitute for each district a Tribunal for the purpose of

adjudicating and deciding upon the order for maintenance under

section 5.

8

The J&K Govt. Gazette, 27th Aug.. 20l4/5th

Bhad., 1936.

[No. 21-3

(2) The Tribunal shall be presided over by the Assistant

Commissioner.

Revenue

or

Sub-Divisional

Magistrate

of

the

concerned area.

8. Summary procedure in case of inquiry. - i \ ) In holding any

inquiry under section 5. the Tribunal may, subject to any rules that

may be prescribed by the Government in this behalf, follow such

summary procedure as it deems fit.

(2) The Tribunal shall have all the powers of a Civil Court

for the purpose of taking evidence on oath and of enforcing the

attendance of witnesses and of compelling the discovery and

production of documents and material objects and for such other

purposes as may be prescribed ; and the Tribunal shall be deemed

to be a Civil Court for all the purposes of section

195 and

Chapter XXVI of the Code of Criminal Procedure. Samvat 1989.

(3) Subject to any rule that may be made in this behalf, the

Tribunal may, for the purpose of adjudicating and deciding upon

any claim for maintenance, choose one or more persons possessing

special knowledge of any matter relevant to the inquiry to assist it

in holding the inquiry.

9. Order f o r maintenance.—{\) If children or relative, as the

case may be, neglect or refuse to maintain the parent or a senior

citizen being unable to maintain himself, the Tribunal may on being

satisfied of such neglect or refusal,, order such children or relative

to make a monthly allowance for the maintenance of such parent

or senior citizen, as the Tribunal may deem fit and to pay the same

to such parent or senior citizen as the Tribunal may, from time to

time, direct.

(2) The maintenance allowance which may be ordered by such

Tribunal shall not exceed ten thousand rupees per month or such

amount as may be notified by the Government from time to time.

10. Alteration in al!o\vance.-i\) On proof of misrepresentation

or mistake of fact or a change in the circumstances of any person

No. 21-3]

The J&K Govt. Gazette. 27th Aug., 2014/5th

Bhad., 1936.

receiving a monthly allowance under section 9. for the maintenance

ordered under that section to pay a monthly allowance for ihc

maintenance, the Tribunal may make such alteration, as it thinks

fit, in the allowance for the maintenance.

(2) Where it appears to the Tribunal that, in consequence of

any decision of a Competent Civil Court, any order made under

section 9 should be cancclled or varied, it shall cancel the order

or. as the case may be. vary the same accordingly.

11. Enforcement of order of maintenance.—(1) A copy of the

order of maintenance and including the order regarding expenses of

proceedings, as the case may be. shall be given without payment

of any fee to the senior citizen or to parent, as the case may be.

in whose favour it is made and such order may be enforced by any

Tribunal in any place where the person against' whom it is made,

such Tribunal

on being satisfied as to the identity of the parties

and the non-payment of the allowance, or as the case may be,

expenses, due.

(2) A maintenance order made under the Act shall have the

same force and effect as an order passed under Chapter IX of the

Code of Criminal Procedure, Samvat 1989 and shall be executed

in the manner prescribed for the execution of such order by that

Code.

12. Option

regarding

maintenance

in

certain

cases.

Notwithstanding anything contained in Chapter IX of the Code of

Criminal Procedure, Samvat 1989, where a senior citizen or a parent

is entitled for maintenance under the said Chapter and also entitled

for maintenance under this Act may, without prejudice to the

provisions of Chapter IX of the said Code, claim such maintenance

under either of those Acts but not under both.

13. Deposit of maintenance amount.- When an order is made

under this Chapter, the children or re!ative(s) who is/are required

to pay any amount in terms of such order shall, within thirty days

of the date of announcing the order by the Tribunal, deposit the

entire amount ordered in such manner as the Tribunal may direct.

10

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Bhad.. 1936.

[No. 21-3

14. Award o j interest where any claim is allowed.—Where any

Tribunal makes an order for maintenance made under the Act. such

Tribunal may direct that in addition to the amount of maintenance,

simple interest shall also be paid at such rate and from such date,

not earlier than the date of making the application, as may be

determined by the Tribunal which shall not he less than five per

cent, and not more than eighteen per cent : Provided that where

any application for maintenance under Chapter IX of the Code of

Criminal Procedure, Sam\'at 1989 is pending before a Court at the

commencement of this Act. then the Court shall allow the withdrawal

of such application on the request of the parent or the senior citizen

and such parent or the senior citizen shall be entitled to file an

application for maintenance before the Tribunal.

15. Constitution of Appellate Tribunal.—(1) The Government

may, by notification in the Government Gazette, constitute one

Appellate Tribunal for each district to hear the appeal against the

order of the Tribunal.

(2) The Appellate Tribunal shall be presided over by the Deputy

Commissioner of the district concerned.

16. Appeals.—{\) Any senior citizen or a parent, as the case

may be. aggrieved by an order of a Tribunal may. within sixty

days from the date of the order, prefer an appeal to the Appellalc

Tribunal :

Provided that on appeal, the children or relative who is required

to pay any amount in terms of such maintenance order shall continue

to pay to such parent the amount so ordered, in the manner directed

by the Appellate Tribunal :

Provided further that the Appellate Tribunal may entertain the

appeal after the expiry of the said period of sixty days, if it is satisfied

that the appellant was prevented by sufficient cause from preferring

the appeal in time.

(2) On receipt of an appeal, the Appellate Tribunal shall cause

a notice to be served upon the respondent.

No. 21-3]

The J&K Govt. Gazette, 27th Aug.. 2014/5th

Bhad., 1936.

II

(3)

The

Appellate

Tribunal

may

call

for the

record

of

proceedings from the Tribunal against whose order the appeal is

preferred.

(4) The Appellate Tribunal may, after'Examining the appeal and

the records called for, either allow or reject the appeal.

(5) The Appellate Tribunal shall adjudicate and decide upon

the appeal tiled against the order of the Tribunal and ihe order of

the Appellate Tribunal shall be final :

Provided that no appeal shall be rejected unless an opportunity

has been given to both the parties of being heard in person or through

a duly authorized representative.

(6) The

Appellate Tribunal

shall

make an endeavour to

pronounce its order in writing within one month of the receipt of

an appeal.

(7) A copy of order made under sub-section (5) shall be sent

to both the parties free of cost.

17. Right to legal representaiion by a legal practitioner.—

Notwithstanding anything contained in any law, no party to a

proceeding

before a Tribunal

or

Appellate Tribunal

shall

be

represented by a legal practitioner.

18. Maintenance Officer.—(1) The District Social

Welfare

Officer shall function as Maintenance Officer for purposes of this

Act.

(2) The Maintenance Officer shall represent on behalf of the

applicant, if he so desires, during the proceedings of the Tribunal,

or the Appellate Tribunal, as the case may be.

CHAPTER 111

Establishment of Old-Age Homes

19. Establishment of old-age homes.—(1) The Government may

establish and maintain such number of old-age homes at accessible

12

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Bhad.. 1936,

[No. 21-3

places, as it may deem necessary, in a phased manner, beginning

with at least one in each division to accommodate in such homes

a minimum of one hundred fifty senior citizens who are indigent.

(2) The Government may. prescribe a scheme for management

of old-age homes, including the standards and various types of

services to be provided by them which are necessary' for medical

care and means of entertainment to the inhabitants of such homes.

Explanation :—For the purposes of this section, "indigent" means

any senior citizen who is not having sufficient

mean,

as determined by the Government from time

to time, to maintain himself

CHAPTER IV

Provisions for Medical ( arc of Senior Citizens

20. Medical support f o r senior citizens.—The Government shall

ensure that—

(a) the Government hospitals or hospitals funded fully or

partially by the Government shall provide beds for all

senior citizens as far as possible ;

(b) separate queues be arranged for senior citizens ;

(c) facility for treatment of chronic, terminal and degenerative

diseases is expanded for senior citizens :

(d) research activities for chronic elderly diseases and

ageing is expanded ;

(e) there are earmarked facilities for geriatric patients in

every district hospital duly headed by a medical officer

with experience in geriatric care.

No. 2I-3J

The J&K Govt. Ga7etie, 27th Aug.. 2014 ^,5th

Bhad.. 1036,

13

CHAPTER V

Protection of Life and Property of Senior Citizens

2\: Measures f o r pith! icity, awareness, etc. f o r welfare of senior

citizens.—The Government shall take all measures to ensure that-

(a) the provisions of the Act are given wide publicity

through public media including the television, radio and

the print, at regular intervals ;

(b) the Government Officers, including the police officers

and the members of the judicial service, are given

periodic sensitization and awareness training on the

issues relating to the Act ;

(c) etTective co-ordination between the services provided bv

the concerned departments dealing with law. home

affairs, health and welfare, to address the issues relating

to the welfare of the senior citizens and periodical

review of the same is conducted.

22. Authorities who may he specified f o r implementing!, the

provisions of the Act.—(]) The Government may confer such powers

and impose such duties on a Deputy Commissioner as may be

necessary, to ensure that the provisions of the Act are properly carried

out

and

the

Deputy

Commissioner

may

specify

the

officer,

subordinate to him. who shall exercise all or any of the powers,

and perform all or any of the duties, so conferred or imposed and

the local limits within which such powers or duties shall be carried

out by the officer as may be prescribed.

(2) The Government shall prescribe a comprehensive action

plan tor providing protection of life and property of senior citizens.

23. Transfer of property to be void in certain circumstances.

(1) Notwithstanding anything contrary contained in any law for the

time being in force in the State, where any senior citizen who, after

the commencement of the Act, has by way of gift or otherwise

14

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Bhad., 1936.

[No. 21-3

transferred his property subject to the condition that the transferee

shall provide the basic'amenities and basic physical needs to the

transferor and such transferee refuses or fails to

provide such

amenities and physical needs, the said transfer of property shall be

deemed to have been made by fraud or coercion or under undue

influence and shall at the option of the transferor be declared void

by the Tribunal.

(2) Where any senior citizen has a right to receive maintenance

out of an estate and such estate or part thereof is transferred,

the right to receive maintenance may be enforced against the

transferee if the transferee has notice of the right, or if the transfer

is gratuitous : but not against the transferee for consideration and

without notice of right.

(3) If any senior citizen is incapable of enforcing the rights under

sub-sections (I) and (2), action may be taken on his behalf by any

of the organization referred to in Explanation to sub-section (I) of

section 5.

CHAPTER VI

Offences and Procedure for Trial

24. Exposure and abandonment of senior citizen.—Whoever,

having the care or protection of senior chizen leaves, such senior

citizen in any place with the intention of wholly abandoning such

senior citizen, shall be punishable with imprisonment of either

description for a term which may extend to three months or fine

which may extend to five thousand rupees or with both.

25. Cognizance of offences.- (I)

Notwithstanding anything

contained in the Code of Criminal Procedure. Samvat 1989. every

offence under this Act shall be cognizable and bailable.

(2) An offence under this Act shall be tried summarily by a

Magistrate.

No. 21-3]

The J&K Govt. Gazette, 27th Aug.. 20l4 ^/5lh

Bhad.. 1936.

15

CHAPTER VII

Miscellaneous

26. Offlcers to he public servants.— Every officer or staff

appointed to exercise functions under the Act shall be deemed to

be a public servant within the meaning of section 21 of the Ranbir

Pena! Code.

27. Jurisdiction of civil courts barred.—No Civil Court shall

have jurisdiction in respect of any matter to which any provision

of the Act applies and no injunction shall be granted by any Civil

Court in respect of anything which is done or intended to be done

by or under this Act.

28.

Protection

of action

taken

in good faith.—No

suit,

prosecution

or

other

legal

proceeding

shall

lie

against

the

Government or any local authority or any officer of the Government

in respect of anything which is done in good faith or intended to

be done in pursuance of the Act and any rules or orders made

thereunder.

29. Power to remove difficu/ties.—If any difficulty arises

in giving effect to the provisions of the Act. the Government may.

by order published in the Government Gazette, make such provisions

not inconsistent with the provisions of the Act. as appear to it to

be necessary or expedient for removing the difficulty :

Provided that no such order shall be made after the expiry of

a period of two years from the date of the commencement of this

Act.

30. Power of Government to make rules.—(1) The Government

may, by notification in the Government Gazette, make rules for

carrying out the purposes of the Act. •

(2) Without prejudice to the generality of the foregoing power,

such rules may provide f o r —

(a) the manner of holding inquiry under section 5 subject

to such rules as may be prescribed under sub-section

(1) of section 8 ;

16

The J&K Govt. Gazette. 27th Aug., 20l4 ^/5th

Bhad., 1936.

[No. 21-3

(b) the power and procedure of the Tribunal for other

purposes under sub-section (2) of section 8 ;

(c) the maximum maintenance allowance which may be

ordered

by the Tribunal

under

sub-section

(2) of

section 9 :

(d) the scheme for management of old-age homes, including

the standards and various types oT services to be

provided by them which are necessar>' tor medical care

and means of entertainment to the inhabitants of such

homes under sub-section (2) of section 19 ;

• (e) the powers and duties of the authorities for implementing

the provisions of this Act under sub-s€Jclion (1) of

section 22 ;

(f) a comprehensive-action plan for providing protection of

life and property of senior citizens under sub-section (2)

of section 22 :

(g) any other matter which is to be, or may be. prescribed.

(3) Every rule made under the Act shall be laid, as soon as

may be after it is made, before each House of State Legislature.

No. 21-3]

The J&K Govt. Gazette. 27th Aug., 2014/5th

Bhad., 1936.

17

S T A T E M E N T O F O B J E C T S AND R E A S O N S

There are sufficient number of senior citizens in our State and

their population is growing very fast. Majority of these senior citizens

are unable to take care of themselves and do not have sufficient

means to lead a- decent and happy life. Due to near disintegration

of joint family system and economic considerations by their kith and

kin, the senior citizens are being ignored by their near and dear ones

who are left to fend for themselves and compelled to lead a lonely

and disappointed life. Though section 488 of the Code of Criminal

Procedure, 1989 (1933 AD) provides for maintenance allowance that

the senior citizens can claim from their legal heirs, but generally

the majority of senior citizens do not claim maintenance because

of their ignorance or self-pride which compels them to disown their

kith and kin who they feel have dumped them. These days another

alarming trend, which is emerging, is that senior citizens are being

murdered either for their property or are robbed and they are

becoming easy targets of the criminals. Hence, it has become

necessary to give utmost security to the senior citizens. In a welfare

State like ours, it is the duty of the State Government to look after

the senior citizens so that they too lead a decent life at the fag end

of their lives. For this, the State Government should open Senior

Citizen Homes, give

financial

assistance, medical aid and other

facilities to the indigent and needy senior citizens to enable them

to forget the wounds given by their own near and dear ones.

MINISTER INCHARGE SOCIAL WELFARE.

18

The J&K Govt. Gazette, 27th Aug., 2014/5th

Bhad., 1936.

(No. 21-3

FINANCIAL M E M O R A N D U M

The Bill provides to establish old-age homes in every district

in a phased manner and initially one each at Jammu and Srinagar

thereby involving non-recurring and recurring expenditure on account

of construction of buildings viz-a-viz maintenance, care, food etc.

The Planning and Development Department and Finance Department

conveyed

their agreement

for providing

of non-recurring

and

recurring expenditure respectively to this effect. The financial

implications will be as per requirement and cannot be worked out

in anticipation.

MINISTER INCHARGE SOCIAL WELFARE.

No. 21-3]

The J&K Govt. Gazette. 27th Aug.. 20l4/5th

Bhad.. 1936.

19

R E C O M M K N D A T i O N OK TIIE C O V K U N O R

The Governor has in pursuance of sub-sections (1) and (3) of

section 84 of the Constitution of Jammu and Kashmir recommended

to the Jammu and Kashmir Legislative Assembly the introduction

and consideration of the Bill.

(Sd.) M. R A M Z A N ,

Secretar)'.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 127]

Srinagar, Fri., the 29th Aug., 2014/7th Bhad., 1936.

[No. 22-1

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.

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 73 of the Rules of Procedure and Conduct of Business

in the Jammu and Kashmir Legislative Assembly, the following Bill

together with the Statement of Objects and Reasons, is published in an

extraordinary issue of the Government Gazette.

By order of the Hon'ble Speaker.

(Sd.) M. RAMZAN,

Secretary.

2

The J&K Govt. Gazette, 29th Aug., 2014/7th

Bhad., 1936.

[No. 22-1

THE CONSTITUTION OF JAMMU AND KASHMIR

(AMENDMENT) BILL, 2014.

[L. A. Private Members' Bill No. 12 of 2014.]

A Bill further to amend the Constitution of Jammu and Kashmir.

Be it enacted by the State Legislature in tiie 65th Year of the

Republic of India as follows :—

I. Short title and commencement.—(1) This Act may be called the

Constitution of the Jammu and Kashmir (Amendment) Act, 2014.

(2) It shall come into force with immediate effect.

1. Amendment of section 31.—Section 31 of the Constitution of

Jammu and Kashmir be substituted by the following :—

131. Oath

of

Office.—The Governor

and. every

person^

discharging the functions of the Governor shall, before entering

upon his office, make and subscribe in the presence of the Chief

Justice of the High Court or, in his absence, the senior most

Judge of that Court available, an oath or affirmation in urdu

language in the following form, that is to say—

In section 40, the words "in urdu language" be inserted beUveen

the words "secrecy" and "according".

4.

Amendment of section 64.—In section 64, the words

in urdu

language" be inserted between the words "affirmation" and "according .

5. Amendment of section 97.—In section 97, the words "m urdu

language" be inserted between the words "affirmation and

according .

No. 22-1]

The J&K Govt. Gazette, 29th Aug., 2014/7th Bhad., 1936.

3

6. Amendment of section 145.—Section 145 shall be substituted by

the following :—

145. Official language of the State.

The official language of the State shall be Urdu and the English

language shall be used as second language.

7. Amendment of Fifth Schedule—The Fifth Schedule to the

Constitution of Jammu and Kashmir shall be recast in urdu language as

under :—

FIFTH SCHEDULE

{See sections 40. 64 and 97)

FORMS OF OATH OF AFFIRMATIONS

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The J«&K Govt. Gazette, 29th Aug.. 2014/7th

Bhad., 1936.

[No. 22-1

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No. 22-1]

The J&K Govt. Gazette, 29th Aug., 2014/7th Bhad., 1936.

5

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6

The J&K Govt. G_a_zette, 29th_Aus.. 20l4/7lh

Bhad.. 1936.

[No. 22^1^

J > r f uJ¹ Tl

^ t Z l I

No. 22-1]

The J&K Govt. Gazette, 29th Aug., 20I4/7th Bhad., 1936.

STATEMENT OF OBJECTS AND REASONS

The "Urdu" is a very important means of communication being

spoken in all parts of the State irrespective of the mother language or

the regional language. The urdu was accepted as an important language

and has been given due importance during the reign of Maharaja Partap

Singh, but unfortunately the urdu is losing its significance day by day.

Any important position whether it is the Hon'ble Governor, the Council

of Ministers or the Legislators and the Judges of High Court, while

entering into these offices they took the oath in English language. There

is a strong concern among the citizens of the State regarding neglect of

"Urdu" language keeping in view the importance of urdu language. Hence

it is proposed to amend the relevant sections of the Constitution.

Hence the Bill.

..

Ch. ZULFKAR ALI,

MLA.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 127]

Srinagar,Fri.,the29thAug.,2014/7th Bhad., 1936.

[No.22-2

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.

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 73 of the Rules of Procedure and Conduct of Business

in the Jammu and Kashmir Legislative Assembly, the following Bill

together with the Statement of Objects and Reasons, is published in an

extraordinary issue of the Government Gazette.

By order of the Hon'ble Speaker.

(Sd.) M. RAMZAN,

Secretary.

2

The J&K Govt. Gazette, 29th Aug., 20I4/7th

Bhad., 1936.

[No. 22-2

MEHBOOB-UL-ALAM UNIVERSITY BILL, 2014.

[L. A. Private Members' Bill No. 17 of 2014.]

A Bill to provide for establishment of a residential and technical

University in the State of Jammu and Kashmir to ofFer higher learning

in various streams. The University will be set up by utilizing the surplus

fijnds of NGOs namely Society of Educational Assistance and Training

(SEAT) and Society of Managerial Assistance Research and Technical

Education (SMART).

Be it enacted by J&K State Legislature in the 65th Year of the

Republic of India as follows :—

CHAPTER-I

Preliminary

1. Short title and commencement.—(1) This Act may be called the

Mehboob-ul-Alam University Act, 2014.

(2) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint

2. Definitions—\xi this Act, and the Statutes made hereunder, unless

the context otherwise requires,—

(a) "Act" means the Mehboob-ul-Alam University Act, 2014 ;

(b) "Academic Council" means the Academic Council of the

University ;

(c) "College" means a college maintained by the University ;

(d) "Chancellor" means the Chancellor of the University ;

(e) "Employee" means any person appointed by the University,

and includes teachers and other staff of the University or of

a constituent college ;

(f) "Faculty" means faculty of the University ;

(g) "Governing Body" in relation to a college, means anybody

(by whatever name called) charged with the management of

No. 22-2]

The J&K Govt. Gazette. 29th Aug., 2014/7th Bhad., 1936.

3

the affairs of the college and recognized as such by the

University ;

(h) "Prescribed'' means prescribed by the Statutes ;

(i) "Principal^ in relation to a constituent college means the Head

of the Constituent College and includes, where there is no

Principal, the Vice-Principal or any other person for the time

being appointed to act as Principal ;

(j) "Registrar" means the Registrar of the University ;

(k) "Rules and Regulations" means the Rules and Regulations

made by any authority of the University under this Act for

the time being in force ;

(0 *^tSchoor means a School of Studies of the University ;

(m) "SMART"

and

"SEAT"

means

the

Non-Governmental

Organizations

and

Non-Profit

Charitable

Educational

Society duly registered and are tl^e sponsoring bodies of the

University ;

(n) "Statutes" and "Ordinance" means respectively the Statutes

and Ordinance of the University for the time being in

force ;

(o) "State" means State of Jammu and Kashmir ;

(p) "Student" means a student of the University, and includes any

person who has enrolled himself for pursuing any course of

study of tlie University ;

(q) "Study Center" means a center established, maintained or

recognized by the University for the purpose of advising,

counseling or for rendering any other assistance requhed by

the students ;

(r) "Teachers" means Professors, Readers, Lecturers and such

other persons as may be designated as such by the Ordinance

4

The J&K Govt. Gazette, 29th Aug., 2014/7th

Bhad., 1936.

[No. 22-2

for imparting instruction in the University or for giving

guidance or rendering assistance to the students for pursuing

any course of study of the .University ;

(s) "University" means the Mehboob-ul-Alam University, Anantnag

as established under this Act.

CHAPTER-II

3. Establisment of the University.— (1) SEAT and SMART

Foundation may establish a University by the name of Mehboob-ul-Alam

University, Kashmir and the Seat of University shall be at Dooru Verinag,

Kashmir.

(2) The University shall be a body corporate and shall sue and be

sued in the name of Mehboob-ul-Alam University, Anantnag.

(3) On the establishment of the University under sub-section (1),

the land and other moveabfe and immovable properties acquired, created,

arranged or built by the Mehboob-ul-Alam University, Anantnag for the

purpose of the University shall Stand transferred to and vest in the

University.

(4) The land for the University shall be acquired by the State and

costs of such acquisition shall be paid by the University.

(5) The use of land, building and other properties acquired for the

University shall not be used for any purpose, other than that for which

the same is acquired.

4. University not to be entitled to financial assistance etc.—^The

University shall neither make a demand nor shall be entitled to any grant-

in-aid or any other financial assistance from the State Government or

any other body or corporation owned or controlled by the State

Government.

5. The University may, with the approval of the Board of Governors,

also establish any study center, campus, college or any other institution

outside the State or Country.

No. 22-2]

The J.«&K Govt. Gazette, 29th Aug., 20I4/7th Bhad., 1936.

5

6. University not to be affiliating institution.—The University shall

not be empowered to affiliate or admit any other college or institution

to the .privileges of the University under the Act.

7. Objects of the

University.—The objectives for which the

University is established are as follows :—

(a) To advance and disseminate learning and knowledge and to

provide opportunities for education to a lar'ger segment of the

population and to promote the educational well-being of the

society in general in conjunction with the conventional

educational pattern of the country and to co-ordinate and

determine the standards in such systems ;

(b) To benefit the humanity spread all over the country and the

world, without any discrimination on the grounds of caste,

creed, community, gender and religion. The University shall,

organize its activities in higher education to carry out research,

teaching and extension work ;

(c) To develop, design and teach innovative courses so as to

provide best possible education of the highest academic

standards and continue to strive to do so by way of peer group

and expert evaluation ;

(d) To offer courses conforming to the prescribed courses

recognized by the UGC or ^ny such statutory body ;

(e) To provide education, instruction and training in such

branches of learning as it may deem fit ;

(f) To encourage and carry out fundamental and applied research

for the development and dissemination of knowledge ;

(g) To establish, maintain, recognize or admit and affiliate to

its privileges such regional center/study center/sub-centers/

authorized centers/college or any institution as may be

determined by the University from time to time ;

6

The J&K Govt. Gazette, 29th Aug., 2014/7th

Bhad., 1936.

[No. 22-2

(h) To undertake academic collaboration programs with universities

and institutions abroad with the approval of the State

Government, and if necessary, of the Central Government.

8. Powers of the University.—(1) The University shall have the

following powers :—

(a) To carry out all such activities as may be necessary or feasible

in furtlierance of the object of the University ;

(b) To hold examinations for, and to institute grant and confer

degrees or other academic distinctions to, and on, persons

who—

(1) have pursued a course of study in the University \

(ii) have carried on research in the University ;

(c) To confer honorary degree or other academic distinctions in

the manner and under conditions laid down in the statutes/

rules ;

(d) To institute and award fellowship, scholarships and prizes etc.

in accordance with the Statutes ;

(e) To demand and receive such fees, bills, invoices and collect

charges as may be fixed by the statutes or rules, as the case

may be ;

(f) To make provisions for extra curricular activities for students

and employees ;

(g) To make appointments of the faculty, officers and employees

of the University or a constituent's college ;

(h) To receive donations of any kind and to acquire, hold, manage,

maintain and dispose of movable or immovable property for

the purpose of University or a constituent college, regional

center, study center and sub-center with the prior permission

of SEAT and

SMART Foundations ;

No. 22-2]

The J&K Govt. Gazette, 29th Aug., 2014/7th Bhad., 1936.

7

(i) To institute and maintain hafls and to recognize places

of residence for students of University or a constituent

college ;

(j) To supervise and control the residence, and to regulate the

discipline among the students and all categories of employees

and to lay down the conditions of service of such employees,

including their code of conduct ;

(k) To create Academic, Administrative, and support staff and

other necessary posts ;

(I) To organize and

conduct refresher courses, orientation

courses, workshops, seminars and other programmes for

teachers, lesson writers, evaluators and academic staff ;

(m) To determine the standards of admission to the University or

a constituent college through specialized committees with the

approval of academic council ;

(n) To make special provision for the students belonging to State

of J&K for admission in any course of University or in a

constituent college ;

(o) To do all such other acts or things whether incidental to the

powers aforesaid or as may be necessary to further the objects

of the University ;

(p) To prescribe such courses for Bachelors Degree, Postgraduate,

Doctor of Philosophy, Doctor of Science degree and research

which would be covered by UGC and AICTE, MCI or any

other body but University shall have right to start diplomas,

certificates etc. in its own subjects ;

(q) To clearly set apart the academic activities of the University

from the activities of the NGO ;

(r) To provide for the preparation of instructional material,

including Films, Cassettes, Tapes, Video Cassettes, CD, VCD

and other Software ;

8

The J&K Govt. Gazette, 29th Aug., 2014/7lh

Bhad., 1936.

[No. 22-2

. (s) To recognize examination of, or periods of study (whether

in full or in part) at, other universities, institutions or other

places of higher learning as equivalent to examinations or

period of study, in the University and to withdraw such

recognition at any time ;

(t) To raise, collect, subscribe and borrow with the approval of

governing body whether on security of the property of the

University money for the purposes of the_ University ;

(u) To enter into, carry out, vary or cancel contracts.

(2) Notwithstanding anything contained in any other law for the time

being in force, but without prejudice to the provision of sub-section (1),

it shall be duty of the University to take all such steps as it may deem

fit for the promotion of University for the determination of standards of

teaching, evaluation' and research in such system, and for the purpose

of performing this function, the University shall have such powers, as

may be specified by the Statutes.

9. University open to all classes, castes, creed and gender.-^Tbe

University shall be open to all persons irrespective of class, caste, creed

or gender :

Provided that nothing in this section shall be deemed to prevent the

University from making special provision for admission to students of

the State of J&K.

10. National accreditation.-Thc University shall seek accreditation

from respective

national accreditation bodies.

CHAPTER-III

Officers of the University

11. Ofjicers of the Universily.—The following shall be the officers

of the university :

(a) The Visitor

;

No. 22-2]

The J&K Govt. Gazette, 29th Aug., 2014/7th Bhad., 1936.

9

(b) The Chancellor ;

(c) The Vice-Chancellor ;

(d) The Deans of the faculties ;

(e) The Registrar ;

(0 The Finance Officer ; and

(g) Such other officer as may be declared by the Statutes to be

officers of the University ;

12. The Visitor.—(1) The Governor of J&K State will be the Visitor

of the University.

(2) The Visitor shall, when present, preside at the convocation of

the University for conferring degrees and diplomas.

(3) The Visitor shall have the following powers, namely :—

(i) To call for any paper or information relating to the affairs

of the University ;

(ii) On the basis of information received by the Visitor if he is

satisfied that any order, proceedings or decision taken by any

authority of the University is not in a conformity with that,

statutes or rules, he may refer such matter for reconsideration

to the concerned.

(4) Every proposal for the conferment of an honorary degree or

distinction shall be subject to the approval of the Visitor.

13. Chancellor.—(1) The nominee of the SEAT or SMART shall

be the Chancellor of the University ;

(2) The Chancellor shall exercise such powers and perform such

functions as may be conferred to him by this Act.

14. The Vice-Chaucellor.—(1) Founding Vice-Chancellor of the

University shall be appointed by the Chancellor of the University in

10

The J&K Govt. Gazette, 29tii Aug., 2014/7tli

Bhad., 1936.

[No. 22-2

consultation with the Chancellor for a term of three years extendable by

another term of three years.

(2) The succeeding Vice-Chancellors shall be appointed by the Board

of Governors from a pena! of not less than four persons who shall be

recommended by a Committee, constitution whereof is provided under

sub-section (3) :

Provided that, if the Board of Governors does not approve any of

the persons so recommended, i' inay call for fresh recommendation.

(3) The Committee shall consist of—

(i) two

members to

be

nominated

by the Chancellor

in

consultation with the Vice-Chancellor, one of whom shall be

the Chairman of the Committee ;

(ii) a member to be nominated

by the University Grants

Commission ; and

(iii) one Vice-Chancellor of any recognized University or a person

of educational eminence, to be nominated by the Chancellor

in consultation with the Chancellor.

(4) The Vice-Chancellor shall be a whole time salaried officer of

the University.

(5) The first Vice-Chancellor shall hold the post for a period of

three years and succeeding Vice-Chancellors shall hold office for a

minimum period of five years from the date on which they enter upon

their office and shall on the expiration of their term of office, be ineligible

for appointment to the office :

Provided

that

the

Vice-Chancellor

shall

notwithstanding

the

expiration of his term, continue to Iiold Iiis office until his successor is

appointed and enters upon his office.

(6) The emoluments and terms and conditions of service of the Vice-

Chancellor shall be as follows :—

(i) There shall be paid to the Vice-Chancellor such salary as is

determined by the Chancellor at the time of his appointment

No. 22-2]

The J&K Govt. Gazette, 29th Aug., 2014/7th Bhad., 1936.

11

and he slinll be entitled without payment of rent, to use a

furnished residence throughout his term of office and no

cliarge shall fal! on the Vice-Chancellor personally in respect

of the maintenance of such residence ;

(ii) The Vice-Chanccllor shall not be entitled to the benefits of

the University, Provident Fund or any other allowances :

Provided that, where any employee of the University is

appointed as Vice-Chancellor, he shall be allowed to continue

to contribute to tlie Provident Fund and the contribution of

the

University shall

be limited to what he had been

contributing immediately before his appointment as Vice-

Chancellor ;

(iii) The Vice-Chancellor shall be entitled to Dearness Allowance

and Travelling Allowance at such rates as may be fixed by

the Chancellor ;

(iv) The Vice-Chancellor shall be entitled to leave on full pay for

one

eleventh

of

the

period

spent

by

him

on

active

service ;

(v) The Vice-Chancellor shall also be entitled, on mctlical grounds

or otherwise than on medical grounds to leave without pay

for a period not exceeding three months during the term of

his office :

Provided that such leave may be converted into leave on full

pay to the extent to which he will be entitled to leave under

sub-clause (iv) ; and

(vi) If the ofHcc of the Vice-Chancellor bccomes vacant, the

functions of office shall, until some person is appointed under

clause (i) to the vacant office, be performed by such as is

designated by the Chancellor.

12

The J&K Govt. Gazette, 29th Aug., 20l4/7th

Bhad., 1936.

[No. 22-2

15. Powers

a n d

duties

of

Vice-Chancellor.—(1)

The

Vice-

Chancellor shall have a general responsibility for maintaining and

promoting efficiency and good order of the University.

(2) it shall be the duty of the Vice-Chancellor to see thai the

provisions of the Act, Statutes, Ordinances and the Regulations made

thereunder are duly observed and the decisions taken by the authorities

of the University arc implemented.

(3) The Vice-Chancellor shall have powers to convene mjetings

of the Executive Council and the Academic Council and shall perform

all such acts as may be necessaiy to carry out the provisions of the Act,

these Statutes ai.. the Ordinances, made thereunder.

(4) The Vice-Chancellor shall be entitled to be present at, and

to address, any meeting of any authority or body or committee of the

University and shall be entitled to vote there as being deemed to be its

Chairman by virtue of his office.

(5) If in the opinion of the Vice-Chancellor any emergency has

arisen which requires immediate action to be taken, the Vice-Chancellor

shall take such action as he deems necessary and shall report the same

for approval at the next meeting to the authority which, in the ordinary

course, would have dealt with the matter :

Provided that, if the action by the Vice-Chancellor affects any person

in the service of the University, such person shall be entitled to prefer,

within 30 days from the dale on which he receives notice of such action,

an appeal to the Executive Council.

(6) The Vice-Chancellor shall exercise such other powers as may

be prescribed by the Ordinances or the Regulations made under the Act.

16. Deans of F a c u l t i e s . o f Faculties shall be appointed by

the Vice-Chancellor in such manner and shall exercise such powers and

perform such duties as may be prescribed by Statues.

17

The Registrar.—(I) The Registrar may be appointed by the

Vice-Chancellor in such manner and on such terms and condition as may

be prescribed.