REGD NO . JK-33
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[ No. 14
Vol . 128 ] Srinagar, Thu. , the 2nd July, 2015 /11th Asad . , 1937.
CONTENTS
Vernacu- lar pages
English Pages
PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers
134-142
PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers
61-62
27-28
PART II - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....
251-266
PART II - B- Notifications , Notices and Orders by Heads ofDepartments , 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 or Gazettes of others Governments ....
PART V- Information and Statistics
(a) Rates and prices in the State ....
(b) Rates and wages
(c) Crop Report and Forecasts
(d) Whether Observations
(e) Vital Statistics
SUPPLEMENT - A - Trade
Monthly Imports and Exports from
the State
SUPPLEMENT - B - Police
65-72
SUPPLEMENT - C - Advertisements
45-46
Printed at the Government Press , Srinagar .
134 The J & K Govt . Gazette , 2nd July , 2015/ 11th Asad . , 1937. [ No. 14
PART I - A
Jammu & Kashmir Government - Orders .
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU .
Notification
No. 26 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Ms. Nidhi Katal D / o Mr. Naresh Katal R/ o H. No. 183 - B , Ram Vihar , Janipur , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . Her name has been entered under Serial No. JK- 181/2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
Notification
No. 27 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Mr. Aman Kumar Doshi S / o Shri Bans Ram Doshi R/ o Bhour Pind , Ward No. 1 , C/o J. P. High School, Chatha Mill , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 162/ 2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
No. 14] The J& K Govt . Gazette , 2nd July , 2015/ 11th Asad. , 1937. 135
Notification
No. 28 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Mr. Sachin Dev Singh S/ o Mr. Hardev Singh R/ o Durang , Tehsil Billawar , Distt . Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 167/2015 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore . is ordered therebefore .
Notification
No. 29 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Mr. Rahul Sadotra S/ o Mr. Kali Dass R/ o H. No. 105 , Ward No. 12 , Bishnah , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 178/ 2015 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute /final enrolment as an Advocate is ordered therebefore .
Notification
No. 31 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Syed Mohammad Hamza S/ o Syed Shabir Ahmed R/ o Huma , Gujjar Nagar, Jammu has been admitted and enrolled as an Advocate on the Rolls 136 The J & K Govt. Gazette , 2nd July , 2015/ 11th Asad . , 1937. [ No. 14 of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 163/ 2015 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
Notification
No. 32 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Ms. Rahila Gani D/ o Mr. Abdul Gani Khan R/ o Zainakote , Sheikh Mohalla , Srinagar A/ P Maloora Near Petrol Pump , Haketang , Srinagar has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification. Her name has been entered under Serial No. JK- 189/ 2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute /final enrolment as an Advocate is ordered therebefore .
Notification
No. 33 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 16-04-2015 Mr. Jatinder Singh S / o Mr. Parkash Singh R/ o Satyaran , Tehsil R. S. Pura , District Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK - 175/ 2015 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license / enrolment must be sought before the date of expiry unless the absolute /final enrolment as an Advocate is ordered therebefore .
No. 14] The J& K Govt . Gazette , 2nd July , 2015/11th Asad . , 1937. 137
Notification
No. 34 Dated 18-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Ms. Bhawana Gupta D/ o Mr. Dinesh Gupta R/o H. No. 20, Naseeb Nagar, Janipur , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . Her name has been entered under Serial No. JK- 192/ 2015 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
Notification
No. 35 Dated 18-04-2015 .
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Suadat Ahmad Kirmani S/ o Mr. Mohd . Ismail Kirmani R/ o 1 -E , Lane - 1 , Pamposh Colony, Natipora , Srinagar vide Notification No. 576 dated 29-11-2012 for a period of one year has been extended till 29-11-2015
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/ final enrolment as an Advocate is ordered therebefore .
Notification
No. 36 Dated 20-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Mr. Rohit Choudhary S/ o Mr. Surinder Kumar Choudhary R/ o Choudhary Sweet Shop , Miran Sahib , Tehsil R. S. Pura , District Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir 138 The J& K Govt. Gazette, 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 184 / 2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
Notification
No. 37 Dated 20-04-2015 .
It is hereby notified that vide High Court Order dated 15-04-2015 Mr. Munish Vaid S/ o Mr. Kewal Krishan R/ o MC , Vijaypur, Ward No. 1 , Thalori , District Samba has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK - 183/ 2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/ final enrolment as an Advocate is ordered therebefore .
Notification
No. 38 Dated 20-04-2015 .
Provisional admision as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Anupam Chadha S /o Shri P. C. Chadha R/ o H. No. F - 59 , Karan Nagar, Jammu vide Notification No. 813 dated 01-03-2013 has been declared as absolute/ final .
By order.
No. 14] The J& K Govt . Gazette , 2nd July , 2015/ 11th Asad . , 1937. 139
Notification
No. 39 Dated 20-04-2015 .
Provisional admision as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Aasif Ali Dar S/ o Shri Ali Mohammad Dar R/ o Redwani Balla ( Astanpora ) , Kulgam vide Notification No. 859 dated 19-12-2014 has been declared as absolute/final .
By order.
Notification
No. 1386 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Mr. Gautam Choudhary S/ o Mr. Ajit Kumar R/ o H. No. 133/1 , Narwal , Pain , Satwari , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 139/ 15 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/ final enrolment as an Advocate is ordered therebefore .
Notification
No. 1387 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Ms. Mala Sharma D/ o Lt. Shri Madal Lal R/ o Ward No. 16 , Lower Shiv Nagar , Near Housing Colony, Kathua has been admitted and enrolled as anAdvocate on the Rolls of Jammu and Kashmir Bar Council provisionally 140 The J& K Govt. Gazette , 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
for a period of one year from the date of issuance of this notification . Her name has been entered under Serial No. JK- 157/2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
Notification
No. 1388 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Mr. Imtiaz Hussian S/ o Mr. Mohd Shafi Malik R/ o H. No. E. P. 284 , Mohalla Dalpatian , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK - 100/ 2015 in the Roll of Advocates maintained by this Registry .
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/ final enrolment as an Advocate is ordered therebefore .
Notification
No. 1389 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Ms. Monika Devi D/ o Mr. Girdhari Lal R/ o Salmerhi , Tehsil and District Udhampur A/P Military Farm , Satwari , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . Her name has been entered under Serial No. JK- 95 /2015 in the Roll of Advocates maintained by this Registry .
No. 14] The J& K Govt . Gazette , 2nd July, 2015/ 11th Asad . , 1937. 141
The renewal /extension of provisional license / enrolment must be sought before the date of expiry unless the absolute /final enrolment as an Advocate is ordered therebefore .
Notification
No. 1390 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Mr. Mustafa Mh . S/ o Mr. Mohd Habib R/ o Murad Bagh , Drass , Kargil has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 154 /2015 in the Roll of Advocates maintained by this Registry.
The renewal /extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore .
Notification
No. 1391 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Mr. Manjeet Pratap Singh S/o Mr. Rattan Chand R/ o Kahnoo , P /O Nagrota , Tehsil Billawar , District Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK- 132/2015 in the Roll of Advocates maintained by this Registry .
The renewal /extension of provisional license/enrolment must be sought before the date of expiry unless the absolute /final enrolment as an Advocate is ordered therebefore .
142 The J & K Govt . Gazette , 2nd July , 2015/ 11th Asad . , 1937. [ No. 14
Notification
No. 1392 Dated 30-03-2015 .
It is hereby notified that vide High Court Order dated 23-03-2015 Mr. Nasar Ahmad S/ o Mr. Mohd Rafiq R/ o Dharana , P/ O Mendher 185211 , Mendher, Poonch has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification . His name has been entered under Serial No. JK - 129/ 2015 in the Roll of Advocates maintained by this Registry .
The renewal/extension of provisional license/ enrolment must be sought before the date of expiry unless the absolute/ final enrolment as an Advocate is ordered therebefore .
( Sd . ) KANEEZ FATIMA ,
Registrar General .
JAMMU & KASHMIRE
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 128 ] Srinagar , Thu. , the 2nd July, 2015/ 11th Asad. , 1937. [No. 14
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- GENERAL ADMINISTRATION DEPARTMENT.
(Administration Section)
Subject : Creation of the Department of Tribal Affairs - Amendments in the J& K Government Business Rules thereof .
Reference : - Cabinet Decision No. 33/05/2015 dated 06-04-2015 .
Government Order No. 514- GAD of 2015
Dated 06-04-2015 .
Sanction is hereby accorded to the creation of the Department of Tribal Affairs with the following subjects :-
(a) Tribal Affairs ;
[No. 14
62 The J & K Govt . Gazette , 2nd July, 2015/ 11th Asad. , 1937.
(b) J & K Advisory Board for Development of Gujjars and Bakerwals .
Consequently , sanction is hereby accorded to the amendments in the J& K Government Business Rules as under-
(i) Inclusion of Department of Tribal Affairs at S. No. 31A in the First Schedule with the following subjects :-
( a) Tribal Affairs ;
(b) J & K Advisory Board for Development of Gujjars and Bakerwals .
(ii) Inclusion of the following subjects under Social Welfare Department at S. No. 31A in the First Schedule :-
( a) J & K Rehabilitation Council for militancy hit victims ;
(b) J & K Advisory Board for the Welfare and Development of other Backward Classes ;
(c) National Mission for Empowerment of Women .
( iii) Deletion of the subject of J& K Advisory Board for Development of Gujjars and Bakerwals , indicated under Social Welfare Department at S. No. 31 in the First Schedule .
By order of the Government of Jammu and Kashmir.
( Sd. ) MOHAMMAD ASHRAF BUKHARI , IAS ,
Commissioner/ Secretaryto Government , General Administration Department .
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[ No. 14
Vol . 128 ] Srinagar, Thu. , the 2nd July, 2015/ 11th Asad . , 1937.
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART II-A
Orders by Heads of Departments .
CHARGE REPORTS
I, Mushtaq Ahmad Salroo elevated as I/ c Chief Education Officer vide Government Order No. 496 - Edu of 2014 dated 04-07-2014 and in pursuance to Government Order No. 192 - Edu of 2015 dated 24-04-2015 , took over the charge of Chief Education Officer, Anantnag from Mr. G. R. Shah today on 24th April , 2015 in the afternoon.
(Sd.)
Chief Education Officer,
Anantnag.
28 The J & K Govt. Gazette , 2nd July, 2015/ 11th Asad . , 1937. [ No. 14
The charge of Deputy Commissioner , Kathua , held by the Shri G. Prasanna Ramaswamy, IAS , in the authorized absence of Dr. Shahid Iqbal Choudhary, IAS , is hereby handed over to Er . Narinder Singh Bali , KAS , Additional District Development Commissioner, Kathua as Shri Ramaswamy is proceeding towards Kargil to take over as Deputy Commissioner, Kargil in pursuance to Govt . Order No. 98 - GAD of 2015 dated 27-01-2015 today on 28-01-2015 Α. Ν .
(Sd . ) PRASANNA RAMASWAMY G. , IAS ,
Additional Deputy Commissioner , Kathua .
Relieved Officer .
( Sd. ) ER . NARINDER SINGH BALI , KAS ,
Additional Distt. Development Commissioner,
Kathua.
Relieving Officer .
ZJAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 128 ] Srinagar, Thu. , 2nd July, 2015 /11th Asad. , 1937. [No. 14
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 COLLECTOR , LAND ACQUISITION , SUB - DIVISIONAL MAGISTRATE, R. S. PURA (DISTRICT JAMMU) .
Subject : Notification under sections 4 ( 1) of Land Acquisition Act,
No. X of 1990 BK.
The Inspector General , Headquarter FRT, BSF vide No. BF/ 135 Feet/ FTR/Engg/ 2012/ 6322-24 dated 04-08-2012 has placed an indent for the 252 The J & K Govt. Gazette , 2nd July, 2015 / 11th Asad . , 1937. [ No. 14
acquisition of land, detail of which is given below in Village Chak Jogan , Tehsil Suchetgarh , District Jammu for Border Fencing ( 135 Feet Wide Strip) along with the Indo - Pak Border by BSF at the same village , Tehsil Suchetgarh , District Jammu ;
Specification of land
District
Tehsil
Area
Village
Khasra Nos .
1
5
2
3
4
Κ. Μ .
1
Jammu
05-02
Chak Jogan
Suchetgarh
2
00-01
3
02-03
5
04-18
8
00-04
11
00-06
12 01-15
14 03-11
15
00-19
16
03-10
18
00-05
24
11-12 253
No. 14] The J & K Govt . Gazette , 2nd July , 2015/ 11th Asad . , 1937.
1 2 3 4 5
Κ. Μ .
26 00-14
27 02-10
28 01-11
29 03-18
47 03-03
48 00-04
49 04-16
55 09-05
56 00-02
74 04-10
75 04-00
76 05-17
77 02-09
78 01-07
80 00-07
81 00-05
82 00-05
83 01-05
126 08-06
127 05-13
254 The J & K Govt. Gazette , 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
3
2
4
1
5
Κ. Μ .
129
02-01
136 01-13
137
03-06
139 04-02
140 00-04
143
00-04
144 01-16
145
02-00
00-17
146
171
00-07
Total 111-03
In exercise of the powers conferred upon me under section 4 ( 1 ) of Land Acquisition Act , 1990 BK, I , Deep Raj Kanethia , KAS , Collector , Land Acquisition (Sub- Division Magistrate ) , R. S. Pura do hereby notify that land measuring 111 Kanals and 03 Marlas in Village Chak Jogan , Tehsil Suchetgarh , District Jammu , particulars of which shown above is likely to be needed for Border Fencing (135 Feet Wide Strip ) at Village Chak Jogan . Objections , if any, to the acquisition of said land will be received by the undersigned within No. 14] The J & K Govt . Gazette, 2nd July, 2015/ 11th Asad. , 1937. 255
15 days from the date of publication of this notification in Government Gazette .
( Sd . ) DEEP RAJ KANETHIA , KAS ,
Collector, Land Acquisition , Sub- Divisional Magistrate , R. S. Pura .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE COLLECTOR , LAND ACQUISITION , SUB - DIVISIONAL MAGISTRATE , SUCHETGARH
(DISTRICT JAMMU) .
Subject : Notification under sections 4 ( 1 ) of Land Acquisition Act ,
No. X of 1990 BK .
The Inspector General , Headquarter FRT, BSF vide No. BF/ 135 Feet/ FTR /Engg/ 2012/ 6346-48 dated 04-08-2012 has placed an indent for the acquisition of land in Village Bidhipur , Jattan , Tehsil Suchetgarh , District Jammu for construction of composite Bundh, Road and Naka Machan- cum-Fighting Bunker along with Indo - Pak Border under Frontier , Jammu , detail of which is given below-
Specification of land
District
Tehsil
Area
Village
Khasra Nos .
1
2
3
4
5
Κ . Μ .
Jammu
159
01-07
Suchetgarh
Bidhipur
Jattan
256 The J & K Govt. Gazette , 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
2
4
1
3
5
Κ. Μ .
160
05-00
160/1
00-12
161
03-00
414/168
03-18
170 min 03-00
171
00-16
172
02-18
173
03-15
Total 24-06
In exercise of the powers conferred upon me under section 4 ( 1 ) of Land Acquisition Act , 1990 BK, I , Deep Raj Kanethia , KAS , Collector , Land Acquisition ( Sub - Divisional Magistrate ) , R. S. Pura do hereby notify the land measuring 64 Kanals 02 Marlas in Village Bidhipur , Jattan , Tehsil Suchetgarh , District Jammu , particulars of which shown above is likely to be needed for public purpose namely for construction of composite Bundh in 135 Feet Wide Strip of Border Fencing at Village Bidhipur , Jattan . Objection , if any, to the acquisition No. 14] The J & K Govt . Gazette, 2nd July, 2015/ 11th Asad . , 1937. 257
of the said land will be received by undersigned within 15 days from the date of publication of this notification in Govt . Gazette .
( Sd . ) DEEP RAJ KANETHIA , KAS ,
Collector , Land Acquisition ,
Sub -Divisional Magistrate ,
R. S. Pura .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE COLLECTOR , LAND ACQUISITION , SUB - DIVISIONAL MAGISTRATE , R. S. PURA (DISTRICT JAMMU) .
Subject : Notification under section 4 ( 1 ) of Land Acquisition Act,
No. X of 1990 BK .
The Inspector General , Headquarter Frontier , BSF, Jammu vide No. Axxv/BOP - Jugnuchak/Ftr/Engg / 2012/ 8748-50 dated 26-11-2012 has placed an indent for the acquisition of land, measuring 07 Kanals and 18 Marlas in Village Chak Jogan , Tehsil Suchetgarh, District Jammu for establishment of BOP Jugnu Chak - 94 BN , BSF and Home Department conveyed NOC for acquisition of land measuring 07 Kanals and 17 Marlas in Village Chak Jogan , Tehsil R. S. Pura ( Now Suchetgarh ) , for construction of BOP Chak Jogan , detail of which is given below-
Specification of land
District
Tehsil
Area
Village
Khasra Nos .
1
2
4
3
5
Κ . Μ .
Jammu
02-17
96
Chak Jogan
Suchetgarh 258 The J & K Govt. Gazette , 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
2
3
1
4
5
Κ. Μ .
97
00-06
00-15
98
122
03-19
Total 07-17
In exercise of the powers conferred upon me under section 4 ( 1 ) of Land Acquisition Act , 1990 BK, I, Deep Raj Kanethia , KAS , Collector, Land Acquisition ( Sub - Divisional Magistrate ) , R. S. Pura do hereby notify that land measuring 07 Kanals 17 Marlas in Village Chak Jogan , Tehsil Suchetgarh , District Jammu , particulars of which shown above is likely to be needed for establishment of BOP, Jugnu Chak - 94 BN , BSF. Objection , if any , to the acquisition of the said land will be received by the undersigned within 15 days from the date of publication of this notification in Government Gazette .
( Sd . ) DEEP RAJ KANETHIA , KAS ,
Collector , Land Acquisition ,
Sub -Divisional Magistrate ,
R. S. Pura .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE COLLECTOR , LAND ACQUISITION , SUB - DIVISIONAL MAGISTRATE , R. S. PURA (DISTRICT JAMMU) .
Subject : Notification under sections 4 ( 1 ) of Land Acquisition Act , No. X of 1990 BK .
The Inspector General , Headquarter , Frontier , BSF, Jammu vide No. Axxv/BOP- Abdullian/Engg / 2012/ 823-25 dated 25-01-2012 has placed No. 14] The J& K Govt . Gazette , 2nd July , 2015/ 11th Asad. , 1937. 259
an indent for the acquisition of land , measuring 72 Kanals and 18 Marlas in Village Abdullian , Tehsil Suchetgarh , District Jammu for establishment of BOP Abdullian - 135 BN , BSF, detail of which is given below-
Specification of land
District
Area
Tehsil
Village
Khasra Nos .
Κ. Μ .
Abdullian
943
Jammu
00-06
Suchetgarh
00-04
944
945
72-08
Total 72-18
In exercise of the powers conferred upon me under section 4 ( 1 ) of Land Acquisition Act , 1990 BK, I , Deep Raj Kanethia , KAS , Collector, Land Acquisition ( Sub - Divisional Magistrate ) , R. S. Pura do hereby notify that land measuring 72 Kanals 18 Marlas in Village Abdullian , Tehsil Suchetgarh , District Jammu , particulars of which shown above is likely to be needed for establishment of BOP Abdullian - 135 BN , BSF. Objection , if any, to the acquisition of the said land will be received by the undersigned within 15 days from the date of publication of this notification in Government Gazette .
( Sd . ) DEEP RAJ KANETHIA , KAS ,
Collector , Land Acquisition ,
Sub - Divisional Magistrate ,
R. S. Pura .
260 The J& K Govt. Gazette , 2nd July, 2015 / 11th Asad . , 1937. [ No. 14
NOTICE
I , Santosh Verma W/ o Sanjeev Verma R/ o 103 , Purani Mandi , Jammu applying for correction of my name which is wrongly written Shally Verma instead of correct name Santosh Verma on my daughter name Ridhima Verma on her school records , CBSE Board documents and J& K Board of School Education under different session . Now, the correct name is Santosh Verma . Objection , if any , may be conveyed different Board or inform me within one week .
(Sd .) Santosh Verma
W/ o Sanjeev Verma
R/ o 103 , Purani Mandi ,
Jammu .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE COLLECTOR , LAND ACQUISITION / ASSISTANT COMMISSIONER , REVENUE , KATHUA .
Notification No. 53 of 2015
Dated 04-03-2015 .
In exercise of the powers conferred upon me under section (1 ) of section 4 of the Land Acquisition Act , 1990 ( Svt . ) , I , Atul Gupta, KAS , Collector, Land Acquisition , Assistant Commissioner, Revenue , Kathuado hereby notify that the land with particulars of which are given below is likely to be needed for the public purpose namely for the construction/ establishment of composite Bundh on Indo - Pak Border , situated in Village Chhan Tanda , Tehsil Hiranagar , District Kathua for defence purposes .
No. 14] The J& K Govt . Gazette , 2nd July , 2015/ 11th Asad. , 1937. 261
Objections , if any, with regard to acquisition of land will be received by the undersigned directly or through Tehsildar , Hiranagar within a statutory period of fifteen ( 15 ) days , from the date of publication of this notification in the newspapers .
Particulars of land
District
Tehsil
Area
Village
Khasra Nos .
1
2
3
4
5
Κ . Μ .
Kathua
Chhan Tanda
Hiranagar 502 min 03-03
564 min 02-04
504 min 03-06
505 min 01-08
506 min 01-08
507 min 01-09
508 min 01-06
503 min 04-12
515 02-01
516 min 01-12
517 min 02-07
519 min 00-01
262 The J& K Govt. Gazette , 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
1 2 3 4 5
Κ. Μ .
513 min 01-13
518 min 00-03
514 min 01-07
558 min 06-06
563 min 05-09
533 min 00-01
565 min 03-12
512 min 02-02
534 min 00-15
27 min 22-14
26 min 07-00
501 min 00-17
Total 76-16
( Sd . ) ATUL GUPTA , KAS ,
Collector , Land Acquisition , Assistant Commissioner, Revenue , Kathua .
No. 14] The J& K Govt . Gazette , 2nd July , 2015/ 11th Asad . , 1937. 263
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE COLLECTOR , LAND ACQUISITION , SUB - DIVISIONAL MAGISTRATE , R. S. PURA (DISTRICT JAMMU) .
Subject : Notification under sections 4 ( 1 ) of Land Acquisition Act, No. X of 1990 BK .
Inspector General , Headquarter FRT, BSF vide No. Engg/BF/ 135 Feet/ FTR (j ) /2013 dated 30-01-2013 has placed an indent for the acquisition of land in Village Kharkhola , Tehsil R. S. Pura , District Jammu for construction ofcomposite Bundh , Road and Naka Machan- cum- Fighting Bunker along with Indo- Pak Border under Frontier , Jammu , detail of which is given below-
Specification of land
District
Tehsil
Area
Village
Khasra Nos .
3
4
5
1
2
Κ . Μ .
Jammu
R. S. Pura
Kharkhola
08 01-18
09
14-17
15 00-19
22 02-06
23 02-02
27
00-11
03-13
37 264 The J& K Govt . Gazette , 2nd July , 2015/ 11th Asad. , 1937. [ No. 14
1 2 3 4 5
Κ. Μ .
38 07-13
42 01-11
43 01-12
44 01-15
45 01-01
46 00-12
47 02-05
50 02-10
51 02-09
61 02-06
62 01-07
65 02-16
67 02-18
68 02-15
69 02-17
70 01-09
Total 64-02
In exercise of the powers conferred upon me under section 4 ( 1) of Land Acquisition Act , 1990 BK, I , Deep Raj Kanethia , KAS , Collector, Land Acquisition ( Sub - Divisional Magistrate ) , R. S. Pura No. 14] The J & K Govt . Gazette , 2nd July , 2015/ 11th Asad. , 1937. 265
do hereby notify that Land measuring 64 Kanals 02 Marlas in Village Kharkhola , Tehsil R. S. Pura , District Jammu , particulars of which shown above is likely to be needed for public purpose namely for construction of composite Bundh in 135 Feet Wide Strip of Border Fencing at Village Kharkhola. Objection , if any , to the acquisition of the said land will be received by the undersigned within 15 days from the date of publication of this notification in Government Gazette .
( Sd . ) DEEP RAJ KANETHIA , KAS ,
Collector , Land Acquisition , Sub - Divisional Magistrate ,
R. S. Pura .
OFFICE OF THE DEPUTY COMMISSIONER / CEO , LADAKH AUTONOMOUS HILL DEVELOPMENT COUNCIL , LEH .
Notification under sections 6 & 7 .
Whereas , the land whose specification is given below is required for construction of Medical Aid Centre , Tia in the interest of public as per the specification given below-
Particulars of land
District
Area
Village
Name of Tenent
Khasra No.
Name of Land Owner
Κ. Μ .
Leh
Tia
Self
760 min 00-10
Tsering Lazom
D/ o Tsultim
Whereas , a notification as required under sub - rule ( 1 ) of section 4 of the Land Acquisition Act, 1990 Svt . was issued by Sub - Divisional 266 The J & K Govt . Gazette , 2nd July, 2015/ 11th Asad. , 1937. [ No. 14
Magistrate , Khaltsi ( Collector, Land Acquisition) vide his Notification No. SDMK - 45 ( M) Rev/2014/ 1147-50 dated 28-11-2014 ;
Whereas , undersigned is satisfied after considering the report furnished by SDM , Khaltsi ( Collector, Land Acquisition) .
Now, therefore , I declared under section 6 of the said Act that the land aforementioned is needed for public purpose . Further, the Collector ( Land Acquisition) , Khaltsi is directed under section 7 of the said Act to take order for acquisition of the land as per the specification given above .
(Sd.)
District Collector
(Deputy Commissioner ) ,
Leh.
JAMMU & KASHMIR
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 128 ] Srinagar, Thu. , the 2nd July, 2015 / 11th Asad. , 1937. [ No. 14
Separate paging is given to this part in order that it may be filed as a separate compilation .
ADVERTISEMENTS -C
OFFICE OF THE SUPERINTENDENT, DISTRICT JAIL , BARAMULLA .
TENDER NOTICE
For and on behalf of Governor of Jammu and Kashmir State , sealed tenders affixed with revenue stamps of Rs . 5/- are invited from the registered/ authorized suppliers for supply of below mentioned group of items for the year 2015-16 as specified groups in the Annexures A, B , C , D and E to this tender notice :-
Group " A" Supply of Dietary items .
Group "B " Electrical and other Miscellaneous items .
Group "C" Supply of Hot and Cold Weather items .
Group "D" Supply of Medicines and Medical Instruments .
Group "E" Supply of Sports Articles .
46 The J & K Govt . Gazette , 2nd July , 2015/ 11th Asad. , 1937. [ No. 14
The tender form containing specification and other terms and conditions with the list of articles shall be available at the Office of Superintendent , Jail at District Jail , Baramulla on working days during office hours w. e . f . 20-06-2015 to 14-07-2015 against a cash payment of Rs . 500/- (non- refundable ) . The last date of receiving of tender is up to 04.00 Р. М. on 16-07-2015 . In case the 16-07-2015 is holiday the tender will be accepted up to 4 P. M. next working day. The tenders will opened on 20-07-2015 at 1400 hours in the office chamber of Superintendent, Jail in presence of tenderers or their representatives who may like to be present . In case of any unforseen/ unavoidable circumstances the tenders may be opened on next working day. The Chairman of the District Purchase Committee reserves the right to reject or accept any tender form without assigning any reason . Incomplete form , cutting/overwriting on tender form shall be summarily rejected .
The tender shall be accompanied with the earnest money in the shape ofCDR pledged to Superintendent , District Jail , Baramulla for an amount shown against each group : -
Particulars
S. No.
Name of Group
1.
Group "A" Amount of Earnest Money CDR
Rs. 35,00.00
Dietary items
2 .
Group "B" Rs . 30,000.00
Electrical and
other Miscellaneous
items
3.
Group" C" Rs . 15,000.00
Hotand Cold
Weather items
4.
Group "D" Rs . 10,000.00
Medicines and Medical
Instruments
5 .
Group "E" Rs . 10,000.00
Sports Articles
(Sd .)
Superintendent , District Jail , Baramulla .
65
ضمیمہج
رجسٹرڈنمبرجےکے-33
جموںوکشمیرگورنمنٹگزٹ
جلدنمبر128-سرینگرمورخہ2جولائی2015ءبمطابق11اساڑھ1937ویروارنمبر14
اشتہارات
ازعدالتجوڈیشلمجسٹریٹدرجہاولبانہال
بعنوان:عبدالمجیدسوہلولدمحمدرمضانسوبلبنامجاویداقبالخانولدعبدالرحمانخان ساکنہچکناڑواحالگوبندپورہمیترامکاننمبر72نزدیکلطیفسیمنٹسٹوررامبن۔
Negotiable Instrument Act. NI Act, 138 : جرائمزیردفعات
وارنٹگشتیعامبمنشاءدفعہ512ضف
اساڑھ1937ضمیمہج
66جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11
بخلافملزم:جاویداقبالخانولدعبدالرحمانخانساکنہچکناژواحالگوبندپورهمیترا
مکاننمبر72نزدیکلطیفسیمنٹسٹوررامبن
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںآپکوبذریعہوارنٹہذامطلعکیاجاتاہےکہ ملزممندرجہبالادیدہدانستہطورعدالتہذامیںبعدحاضریپسوپیشہواہے۔
لہذاآپکوحکمواختیاردیاجاتاہےکہملزمجہاںکہیںبھیاندرحدودریاستہذا دستیابہوئےکوگرفتارکرکےعدالتہذامیںپیشکیاجاوئے۔وارنٹہذاتادستیابیملزم زیرکاررہےگا۔
دستخط
جوڈیلمجسٹریٹدرجہاولبانہال۔
ازعدالتایڈیشنلسپیشلموبائلمجسٹریٹاوردھمپور
سرکاربنامالطافاحمدولدمحمدشاہبھانمیر
مثلنمبر39/چالان،دائرہ2015-01-29,فیصلہ2015-01-29
علتنمبر126سال2014ء،تھانہپولیساورہمپور
بجرائمزیردفعات279/337Cبمنہسرینگر
اساڑھ1937-67
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11
وارنٹگشتیعامزیردفعہ512ضف
بخلافملزم:الطافاحمدمیرولدشریمحمدشاہبھانمیرٹمپرڈرائیورساکنہ
Bemina Osmania Colony , Srinagar
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںآپکوبذریعہوارنٹگشتیعامزیردفعہ 512ضفکیروسےحکمواختیاردیاجاتاہےکہملزممتذکرہصدراندرحدودریاست جموںوکشمیرجبکبھیاورجہاںکہیںبھیدستیابہوںتحتضابطہگرفتارکرکےعدالت ہذامیںپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔تحریر2015-01-29 وارنٹہذادستخطراقمومہرعدالتسےآجمورخہ2015-01-29کو
جاریہواتحریر2015-01-29
دستخط:ایڈیشنلپیشلموبائلمجسٹریٹاورہمپور۔
ازعدالتپرنسپلسیشنججکٹھوعہ
سرکاربنامفیروزدین
22-07-2010 102،متدائرہ / session ، مثلنمبر126/چالان
علتنمبر25سال2010ء،تھانہتھانہپولیسکٹھوعہ
جرمزیردفعہ376
68-جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11اساڑھ1937ضمیمہج
وارنٹ
گشتیعامزیردفعہ512ضف
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزمفیروزدینولدبیروساکنهحاجیچک تحصیلکٹھوعہضلعبعدارتکابجرمروپوشہوچکاہے،آفیسرتلاشکنندہکااظہارہےکہ ملزممذکورکیدستیابیسردستناممکنہے۔اظہارکیتائیدمیںتلاشکنندہکابیانقلمبند کیاگیابعدملاحظہعدالتہذاکواطمینانہواکہملزممذکورکیسردستدستیابیناممکنہے۔
الہذاملزممذکورکےخلافکارروائیزیردفعہ512ضفعملمیںلائیجاکر اہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہوہملزممذکورکو اندرحدودریاستجموںوکشمیرجہاںکہیںاورجبکبھیبھیدستیابہوکوگرفتارکرکے عدالتہذامیںپیشکریں۔وارنٹگشتیعاممجریهتادستیابیملزممذکورزیرکاررہیگا۔ اسبارہمیںتاکیدجانو۔
آجمورخہ20ماہفروری2015ءبدستخطراقمومہرعدالتہذاسےجاریہوا۔
سرکاربنامعالماتھاوغیرہ
مثلنمبر79/چالان،session/98،متدائرہ2010-08-13
علتنمبر60سال2010ءتھانہپولیسبلاور
بجرائمزیردفعات376/363
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11اساڑھ
1937-69
وارنٹگشتیعامزیردفعہ512ضف
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزمعالماتھاولدمحمدسلیمساکنہدھرمکوٹ تحصیلبلاورضلعبعدارتکابمجرمروپوشہوچکاہے،آفیسرتلاشکنندہکااظہارہےکہ ملزممذکورکیدستیابیسردستناممکنہے۔اظہارکیتائیدمیںتلاشکنندہکابیانقلمبند کیاگیابعدملاحظہعدالتہذاکواطمینانہواکہملزممذکورکیسردستدستیابیناممکنہے۔
لہذاملزممذکورکےخلافکارروائیزیردفعہ512ضفعملمیںلائیجاکر اہلکارانپولیسریاستجموںوکشمیرکوحکمداختیاردیاجاتاہےکہوہملزممذکورکو اندرحدودریاستجموںوکشمیرجہاںکہیںاورجبکبھیبھیدستیابہوکوگرفتارکرکے عدالتہذامیںپیشکریں۔وارنٹگشتیعاممجریهتادستیابیملزممذکورزیرکار رہیگا۔اسبارہمیںتاکیدجانو۔
آجمورخہ28ماہفروری2015ءبدستخطراقمومہرعدالتہذاسےجاریہوا۔
دستخط
پرنسپلسیشنججکٹھوعہ۔
70-جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11اساڑھ1937ضمیمہج
ازعدالتسبحجمطالبہخفیفہ(جوڈیشلمجسٹریٹدرجہاول)سرینگر
سرکاربنامشاراحمدبٹوغیرہ
علتنمبر156سال2014ء،تھانہپولیسبڈگام
بجرائمزیردفعات379/411
وارنٹگشتیعامزیردفعہ512ضف
بخلابملزم:محمدیاسینبٹولدغلاممحمدبٹساکنہحیاتنگرتولہمولہگاندربل
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
معاملہمندرجہعنوانالصدرمیںچالانمتذکرہبالاعدالتہذامیںبغرض سماعترواںہے۔جسمیںملزممتذکرہبالاحاضرعدالتنہہورہاہےاورملزمکے خلافعدالتہذاسےبارباروارنٹگرفتاریاجراءہونےکےباوجودملزمحاضر عدالتنہہورہاہے۔اسنسبتوارنٹاجراءشدہرپورٹسےبھیعیاںہے۔ملزم دستیابنہہورہاہے۔اسطورعدالتہذاکوبھیاطمینانہوچکاہےکہبطریقمعمول ملزممتذکرہبالاکیدستیابیفلحالنہممکنہے۔
الہذاملزمکےخلافکارروائیزیردفعہ512ضفعملمیںلائیجاکر تماماہلکارانپولیسریاستجم ریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہآپملزم ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11
اساڑھ1937-71
متذکرہبالاکوجہاںکہیںاندرحدودیاجموںوکشمیردستیابہوکوگرفتارکرکے
عدالتہذامیںہمارےروبروپیشکریں۔تحریر2015-03-09
وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
وارنٹہزاراقمکےدستخطومہرعدالتسےجاریہواہے۔
دستخط:
سبحجمطالبہخفیفہ(جوڈیشلمجسٹریٹدرجہاول)سرینگر
ازعدالتتھرڈایڈیشنلسیشنجججموں
سرکاربناممنظوروغیرہ
مثلنمبر25session/تاریخدائرہ2015-01-2014/23-12-31
17-03-2015 تاریخفیصل
علتنمبر84سال2014ء،تھانہپولیسبشناہ
بجرائمزیردفعاتu /s 363 /376 / 109C
وارنٹگشتیگرفتاریعامزیردفعہ512ضف
بخلافملزمان:(1)منظور(2)حنیفپسراندولد(3)پیولدعالمدین
(4)صادقحسینولدچراغدیناقوامگوجرساکنانپلائیتحصیلہیرانگرضلعکٹھوعہ
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
72-جموںوکشمیرگورنمنٹگزٹنمبر14مورخہ2جولائی2015ءبمطابق11اساڑھ1937ضمیمہج
مقدمہمندرجہعنوانالصدرمیںملزمانمتذکرہصدرکےخلافبروئےحکم امروزهکارروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمانکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔
لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضفکی روسےحکمواختیاردیاجاتاہےکہاگرملزمانمذکوریاں، کرملزمانمذکوریاںمتذکرہصدرااندرحدود ریاستجموںوکشمیروبیروںحدودریاستجموںوکشمیرجبکبھیاورجہاںکہیں بھیدستیابہوںتواُسکےتحتضابطہگرفتارکرکےعدالتہذامیںپیشکریں وارنٹہذاتادستیابیملزمانزیرکاررہےگا۔تحریر2015-03-17
دستخط:
تھرڈایڈیشنلسیشنجججموں۔
EXTRAORDINARY
REGD . NO . JK-33
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 128 ] Srinagar, Thu. , the 11th June , 2015/ 21st Jyai . , 1937. [No. 11-2
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 (Notary Section )
Notification
Srinagar , the 11th of June , 2015.
Whereas , Shri Abdul Karim Zargar, Advocate was appointed as Notary forterritorial jurisdiction of Sub- Judge Court , Pattan ;
Whereas , the said Notary has applied for extension of territorial jurisdiction from Sub- Judge Court , Pattan to District Court , Baramulla under rule 8 of the Notaries Rules , 1956 .
2
[No. 11-2
The J& K Govt . Gazette , 11th June , 2015/21st Jyai . , 1937.
Now, therefore , in pursuance of rule 8 of the Notaries Rules , 1956 , the Government intends to extend the territorial jurisdiction of the said Notary from Sub - Judge Court , Pattan to District Court , Baramulla. Any person interested in filing objections to the extension of territorial jurisdiction in favour of the said Notary may submit the same to the Competent Authority within 14 days from the date of publication of this notice in the Government Gazette.
( Sd .) MOHAMMAD ASHRAF MIR ,
Secretary to Government , Department of Law, Justice and Parliamentary Affairs .
EXTRAORDINARY
REGD . NO . JK-33
JAMMU & KASHMIRE
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[ No. 11-4
Vol . 128 ] Srinagar, Mon. the 15th June . , 2015/ 25th Jyai . , 1937.
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- GENERAL ADMINISTRATION DEPARTMENT
( Services Section)
Subject :-- Appointment of Chief Electoral Officer , Jammu and Kashmir.
Government Order No. 792 - GAD of 2015 .
Dated 15-06-2015
In pursuance of Notification No. 154 / J & K/ 2015 - EPS dated 5th June , 2015 , issued by the Election Commission of India , 2 The J& K Govt . Gazette , 15th June , 2015 / 25th Jyai . , 1937. [No. 11-4
Mr. Shantmanu , IAS ( JK : 91 ) , is appointed as Chief Electoral Officer, Jammu and Kashmir .
Mr. Shantmanu , IAS shall also be the Commissioner / Secretary to the Government , Incharge of Election Department .
By order of the Government of Jammu and Kashmir .
(Sd. ) BASHIR AHMAD DAR , KAS , Special Secretary to the Government .
EXTRAORDINARY
REGD . NO . JK-33
JAMMU & KASHMIR
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
128 ] Srinagar, Tue. , the 16th June , 2015/26th Jyai . , 1937. [No. 11-1
Vol .
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART IV
Reprints from the Government of India Gazette .
MINISTRY OF LAW AND JUSTICE
( LEGISLATIVE DEPARTMENT)
New Delhi , the 30th May , 2015/ Jyaistha 9 , 1937 ( Saka) .
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION , REHABILITATION AND RESETTLEMENT ( AMENDMENT ) SECOND ORDINANCE , 2015
(No. 5 of 2015 )
Promulgated by the President in the Sixty - sixth Year of the Republic of India .
AnOrdinance further to amend the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act, 2013.
2 The J & K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937. [No. 11-1
Whereas , the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement ( Amendment ) Ordinance , 2014 to amend the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act , 2013 ( RFCTLARR Act, 2013 ) was promulgated by the President on the 31st day of December , 2014 ;
And whereas , the RFCTLARR ( Amendment) Bill , 2015 was introduced on the 24th February , 2015 in the House of the People to replace the said Ordinance and the said Bill was passed along with amendments on the 10th March , 2015 in the House of the People , but the same could not be passed by the Council of States and is pending in that House ;
And whereas , the RFCTLARR ( Amendment) Ordinance , 2015 incorporating the amendments made by the House of the People was promulgated by the President on 3rd April , 2015 ;
And whereas , the RFCTLARR ( Amendment) Second Bill , 2015 was introduced in the House of the People on 11th May, 2015 ;
And whereas , the House of the People referred the RFCTLARR (Amendment) Second Bill , 2015 to the Joint Committee of the Houses ;
And whereas , it is considered necessary to give continued effect to the provisions of the RFCTLARR ( Amendment ) Ordinance , 2015 ;
And whereas , Parliament is not in session and the President is satified thatcircumstances exit which render it necessary from him to take immediate action.
Now, therefore , in exercise of the powers conferred by clause ( 1 ) of Article 123 of the Constitution , the President is pleased to promulgate the following Ordinance :-
1. Short title and ommencement .- ( 1 ) This Ordinance may be called the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement ( Amendment ) Second Ordinance , 2015 .
(2) It shall be deemed to have come into force on the 31st day of December, 2014 .
No. 11-1 ] The J & K Govt . Gazette , 16th June , 2015/ 26th Jyai . , 1937. 3
2. Substitution of certain expression throughout the Act.--- In the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act , 2013 ( 30 of 2013 ) ( hereinafter referred to as the principal Act) , for the words " private company " wherever they occur , the words " private entity " shall be substituted .
3. Amendment of section 2 .-- In the principal Act , in sub - section ( 2) of section 2 , after the second proviso , the following proviso shall be inserted , namely : -
"Provided also that the acquisition of land for the projects listed in sub - section ( 1 ) of section 10A and the purposes specified therein shall be exempted from the provisions of the first proviso to this sub - section ." .
4. Amendment of section 3. In the principal Act , in section 3-
(i ) in clause (j ) in sub - clause ( i) , for the words and figures " the Companies Act , 1956 " ( 1 of 1956) , the words and figures " the Companies Act , 2013 " ( 18 of 2013 ) shall be substituted ;
(ii) after clause ( y ) , the following clause shall be inserted , namely :-
' ( yy ) " private entity " means any entity other than a Government entity or undertaking and includes a proprietorship , partnership , company, corporation , non - profit organisation or other entity under any law for the time being in force ; ' .
5. Insertion of new Chapter IIIA .-- In the principal Act , after Chapter III , the following Chapter shall be inserted , namely :-
" CHAPTER IIIA
Provisions of Chapter II and Chapter III not to apply to certain projects
10A . Power of appropriate Government to exempt certain projects . ( 1 ) The appropriate Government may, in the public interest , by 4
[No. 11-1
The J & K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937.
notification , exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act , namely :-
(a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production;
(b) rural infrastructure including electrification ;
(c) affordable housing and housing for the poor people ;
(d) industrial corridors set up by the appropriate Government and its undertakings ( in which case the land shall be acquired up to one kilometer on both sides of designated railway line or roads for such industrial corridor) ; and
(e) infrastructure projects including projects under public private partnership where the ownership of land continues to vest with the Government :
Provided that the appropriate Government shall , before the issue of notification , ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.
(2) The appropriate Government shall undertake a survey of its wasteland including arid land and maintain a record containing details of such land , in such manner as may be prescribed by the appropriate Government.
6. Amendment of section 24. In the principal Act, in section 24 , in sub- section ( 2) , after the proviso , the following proviso shall be inserted , namely :-
" Provided further that in computing the period referred to in this sub - section , any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award No. 11-1 ] The J & K Govt . Gazette , 16th June , 2015/ 26th Jyai . , 1937. 5
of a tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose shall be excluded ." .
7. Amendment of section 31. In the principal Act , in section 31 , in sub - section (2) , in clause ( h ) , after the words " affected families " , the words " including compulsory employment to at least one member of such affected family of a farm labourer " shall be inserted .
8. Amendment of section 46. In the principal Act , in section 46 , in sub- section ( 6) , in the Explanation , in clause ( b ) , the words " any person other than " shall be omitted .
9. Insertion of new section 67A.- In the principal Act , after section 67, the following section shall be inserted , namely : -
" 67A . Hearing to be held by Authority in district or districts to decide grievances .-- The Authority shall , after receiving reference under section 64 and after giving notice of such reference to all parties concerned, hold the hearing in the district where the land acquisition takes place for settlement of the objections raised in the reference . " .
10. Substitution of new section for section 87. In the principal Act , for section 87 , the following section shall be substituted , namely :-
" 87. Offences by Government officials . Where an offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government , as the case may be , at the time of commission of such alleged offence , the court shall take cognizance of such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure , 1973 ( 2 of 1974) is followed . " .
11. Amendment of section 101 .--In the principal Act, in section 101 , for the words " a period of five years " , the words " a period 6 The J & K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937. [No. 11-1
specified for setting up of any project or for five years , whichever is later " shall be substituted .
12. Amendment of section 105 .--In the principal Act , in section 105-
(i) for sub - section (3 ) , the following sub - section shall be substituted , namely :-
"( 3 ) The provisions of this Act relating to the determination of compensation in accordance with the First Schedule , rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to the enactments relating to land acquisition specified in the Fourth Schedule with effect from 1st January , 2015. " ;
(ii) sub - section (4) shall be omitted.
13. Amendment of section 109 .--In the principal Act , in section 109 , in sub -section (2) , after clause ( d) , the following clause shall be inserted , namely :-
" ( dd) the manner of undertaking a survey of waste land including arid land and maintenance of the record containing the details of such land under sub - section (2) of section 10A . " .
14. Amendment of section 113 .-- In the principal Act , in section 113 , in sub - section ( 1 )—
(i) for the words " the provisions of this Part " , the words " the provisions of this Act " shall be substituted ;
(ii) in the proviso , for the words " a period of two years " , the words " a period of five years " shall be substituted .
15. Repeal and saving . ( 1 ) The Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement (Amendment ) Ordinance , 2015 (4 of 2015 ) is hereby repealed.
No. 11-1 ] The J & K Govt . Gazette , 16th June , 2015/ 26th Jyai . , 1937 . 7
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act , as amended by the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement (Amendment) Ordinance , 2015 (4 of 2015 ) shall be deemed to have been done or taken under the principal Act , as amended by this Ordinance .
PRANAB MUKHERJEE ,
President.
( Sd . ) DR . SANJAY SINGH,
Secretary to the Government of India.
No. 9 -h] The J& K Govt. Gazette , 29th May , 2015/ 8th Jyai . , 1937 . Fri.
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
Srinagar, the 29th of May, 2015 .
SRO - 163 . 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 -422 of 2010 dated 22nd November, 2010 , the Government hereby appoint Shri Abdul Basit , Advocate , Shopian as Public Prosecutor, for a period of one year for the Court of District and Sessions Judge , Shopian on 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 and Government Order No. 2575 - LD(A) of 2010 dated 10-12-2010.
By order of the Government of Jammu and Kashmir .
(Sd. ) MOHAMMAD ASHRAF MIR ,
Secretary to Government , Department of Law, Justice and Parliamentary Affairs .
No. 9 - i ] The J& K Govt. Gazette , 29th May , 2015/ 8th Jyai . , 1937 . Fri.
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
Srinagar , the 29th May, 2015 .
SRO - 164 . In exercise of the powers conferred by sub - section ( 1 ) of section 492 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby rescinds Notification SRO - 163 of 2015 dated 29th May , 2015 with immediate effect .
By order of the Government of Jammu and Kashmir .
(Sd.) ACHAL SETHI ,
Additional Secretary to Government , Department of Law, Justice and Parliamentary Affairs .
REGD . NO . JK-33
EXTRAORDINARY
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[No. 10- a
Vol . 128 ] Srinagar, Thu. , the 4th June , 2015/ 14th Jyai . , 1937.
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
Srinagar , the 4th June, 2015 .
SRO - 165 . In exercise of the powers conferred by sub - section ( 1) of section 12 of the Code of Criminal Procedure , Samvat 1989 , the Government hereby appoint Shri Ranjeet Singh , ( KAS ) Assistant Commissioner , Nazool to be the Executive Magistrate of the First Class 2 The J& K Govt . Gazette , 4th June , 2015/ 14th Jyai . , 1937. [No. 10 - a
who shall exercise all the powers of an Executive Magistrate of the First Class within his territorial jurisdiction of District Jammu .
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 Jammu 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
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 128 ] Srinagar , Mon. , the 15th June , 2015/ 25th Jyai . , 1937. [No. 11-3
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 Heads of Departments .
BEFORE THE INDUSTRIAL TRIBUNAL - CUM - LABOUR COURT, J & K , SRINAGAR .
Present : Zubair A Raza , ( District and Sessions Judge)
File No .: 798 /ITLC/ 2006 .
Date of Institution : 25-07-2006 .
Date of Award : 05-05-2015 .
Fayaz Ahmad Shah
S/ o Mohammad Ashraf Shah
R/ o Gupkar , Nishat , Srinagar .
(Applicant)
Versus
Managing Director of Hotel Grand Mumtaz , Srinagar .
(Respondent) 2 The J& K Govt . Gazette , 15th June , 2015 /25th Jyai . , 1937. [No. 11-3
AWARD
1. Section 10 of the Industrial Disputes Act ( herein referred to as " the Act" ) , envisage that where the appropriate Government is of the opinion that any Industrial Dispute exists or apprehended , it may at any time in writing refer the dispute or any matter appearing to be connected with or relevant to the dispute , to the Industrial Tribunal or the Labour Court for adjudication .
2. The authority identified by the State Government under the Act while having sufficient compliance with the provisions of the Act , has made a reference to this Tribunal vide SRO No. 96 dated 20th day of March , 2006 for adjudication and passing an appropriate order . The reference made by the Government broadly and pointed after having proper consideration by the Reconciliation Officer . Government is of the opinion that Industrial Dispute exists between Shri Fayaz Ahmad Shah and the Managing Director of Hotel Grand Mumtaz , Srinagar. So in exercise of powers conferred by clause (c) of sub - section ( 1 ) of the section 10 of Industrial Disputes Act , 1947, Government referred this dispute to this Court/Tribunal for adjudication on the following issues :-
(i ) Whether the termination of the petitioner is illegal ?
(ii) If so , to what relief the petitioner is entitled to ?
3. Fundamentally and primarily the reference was made by the authority to this Tribunal is based on report submitted by the Conciliation Officer.
4. On receiving the reference from the Government , this Tribunal has issued notices to both side for filing the claim and objections from other side . Petitioner appeared and filed his claim alleging therein that petitioner was initially appointed as sales representative by the respondent on 4th day of April , 1996 in his establishment namely Mushtaq Trading Corporation . Petitioner right from that date discharged his duty in very upright and dedicated manner to the entire satisfaction of the respondent and thereafter the petitioner was transferred from time to time from one establishment to No. 11-3 ] The J& KGovt . Gazette , 15th June , 2015 / 25th Jyai . , 1937. 3
another of the respondent during the period after realizing hard work and devotion of the petitioner towards his duties and also issued letters of appreciation from time to time . Whereas , right from the date of initial appointment petitioner served in different capacities in different establishments of the respondent like sales representative and lastly discharged the function as housekeeping incharge in the Hotel Grand Mumtaz of the respondent . Despite rendering of service in different capacities in different establishments of the respondent continuously for more than nine (9) years the respondent verbally terminated the services of the petitioner most unceremoniously on false and flimsy grounds with effect from 23rd of May , 2005. The verbal order of the termination has been passed in utter disregard of the rules and law and without complying the provision of Industrial Disputes Act . Petitioner has not been provided any chance of hearing and without giving any notice of termination or holding any inquiry against him before the termination .
5. Respondent also appeared and filed their objection to his claim stating therein that Government has made a reference in a mechanical manner no industrial dispute exists between the parties as the petitioner is not a workmen as per proviso ( iv) to sub - section ( s ) of section 2 of Industrial Tribunal Act . There is no case of retrenchment or termination , as the petitioner was never regular employee of the firm but his service had been hired on month basis . His salary was admittedly beyond Rs . 1600/- P. M. and his functions were mainly of administrative nature . Petitioner was guilty of grave misconduct so his services were not extended . In para - wise reply admitted that petitioner worked with the respondent for quiet some time but not in the capacity of workman . His services was on conducted on monthly basis , he is not a permanent employee and certificate of appreciation have been issued on the request of the petitioner. His services were not extended for the reason he was found guilty of misconduct of grave nature .
6. The claim of the petitioner as reflected in the conciliation proceedings and projected by the petitioner, that petitioner Fayaz Ahmad worked for the respondent in different capacities from the year 1996 and transferred his services from one establishment to other on different time . Petitioner was given appreciation letter by management of the respondent 4 The J& K Govt . Gazette , 15th June , 2015 / 25th Jyai . , 1937. [No. 11-3
that his behavior was shown very good . This is also clear by the certificate issued by General Manager, Hotel Ragina , Srinagar that he is a promising young and dynamic man and working with the establishment for the last nine years ; he is drawing the salary of Rs . 4500/- P. M. It was also admitted by the respondent that his services were not extended because he was involved in a grave misconduct . Respondent has not mentioned anything about complying the provision of section 25 - F of the Industrial Disputes Act . He has not been served any notice nor charge - sheeted for any misconduct , neither management has conducted any enquiry against him. Stand of the respondent is different , as they have alleged in their objections that petitioner was not a workman under Industrial Disputes Act because his nature of job is supervisory and he was not a permanent employee and engaged on monthly basis . So he is not entitled for any relief.
7. To prove the case of the parties they have been directed to lead their evidence . Petitioner has examined Mohd Ashraf Khan , Dilawar Ahmad Bhat, Krishan Kumar Koul , Hilal Ahmad and petitioner himself appeared as witness . Respondents have not opted to lead any evidence in support of their contention . It is profitable to give brief resume of the petitioner statement .
8. P. W. Mohmmad Ashraf Khan stated that he knows the parties . He is also part time employees in Grand Mumtaz Hotel for the last eight years . Head Office of the Hotel is at Zero Bridge . Petitioner was working there as supervisor and marketing salesman . When he was ousted he was incharge of housekeeping and one official boy has stolen Trouser of a customer. This boy was taken to Manager , Krishan Kumar Koul . On next day petitioner was not allowed to enter the gate by the security official , on the directions of the management . Once he has paid the salary to petitioner Rs . 2000 /- rupees more than actual , but later on he gave the extra money back to him . In those days P. W. was working as Accountant so he can depose with full belief that petitioner is a honest person . On cross - examination stated that he has joined this establishment in the year 1999 and worked up to 2006. Now a days he is in Finance Department .
5
No. 11-3] The J&K Govt . Gazette , 15th June , 2015/25th Jyai . , 1937 .
9. P. W. Dilawar Ahmad Bhat stated that he knows the petitioner who was working in the Hotel Grand Mumtaz , Srinagar for about ten years . Petitioner is senior to him . In these ten years no theft took place in the Hotel . He has no knowledge that any theft took place of sanitary material when construction work was going on the Hotel . Some three years earlier on customer has left his trouser in the Hotel , again he came in the Hotel and demanded the pent from the management . Manager , Krishan Kumar Koul has called the petitioner housekeeping incharge and enquired about pent . Petitioner has called one boy who was working of housekeeping before Manager of the hotel , and the boy was wearing the same pent is with the petitioner. If something remains in the room of the customer it remains under the custody of the petitioner . Later on he handed over the material to the Manager. He is not remembering whether petitioner has handed over the material to the General Manager or not . Some gujjar labourer was working in the Hotel and they were not having clothes properly. Petitioner used to bring from the market and handed over to them . Even he was given a jacket which was brought by him from the market . Petitioner was a honest , hard worker. This is correct that boy has told the General Manager that petitioner has asked to keep one pent with him . On cross - examination no question was asked by the respondent .
10. Krishan Kumar Koul stated that he was migrant from Kashmir but again went back in the year 1995 and started working as General Manager in the respondent Hotel again said he came back in March , 2005 and joined the services with the respondent . From 2005 construction work of the Hotel was came to an end , petitioner requested him to keep with him and his request was accepted by him in good faith and given the charge of housekeeping . On 19th May he met with an accident and remains on rest for two week. When he came back , one guest (customer ) told him that he has given two pents for washing which were not received back by him . On going back he demanded the pent and after two days he has seen one waiter who was wearing the pent and enquired from him about the pent from where he has bring. Petitioner was posted supervisor of housekeeping , he was drawing about 3/4 thousand salary per month . He has no knowledge what he was drawing the salary when he was in construction work . This is 6 The J & K Govt . Gazette , 15th June , 2015/25th Jyai . , 1937. [No. 11-3
not correct that in December, 2006 one guest has lost Rs . 75,000/- for which you have reported the Police as enquired . This is also not correct that this amount of Rs . 75,000/- was paid to employees and then recovered from them . When he called Hilal Ahmad in the office at that time petitioner was also present there . He is not remembering the name of person who was wearing the pent . As a General Manager he can say that petitioner is at fault. On this petitioner has requested to declare the witness as hostile . His request is accepted and witness has been declared hostile . Petitioner was allowed to cross - examined . In cross - examination petitioner has presented a tape recorded and claim that this is a conversation between P. W. and the petitioner . But it is in Kashmiri Language so Mr. Sajad Hyder Slati was appointed as translator and statement was differed for the day but again statement was recorded . Wherein he admitted that in tape record there is his own voice .
11. Petitioner Fayaz Ahmad appeared as his own witness and stated that he was appointed as sale representative by the respondent on 4th April , 1996 in his establishment namely Mushtaq Trading Corporation for the sale of fertilizer. Petitioner worked in the said establishment to the entire satisfaction of the respondent . And thereafter he was transferred from one establishment to another from time to time . Respondent after realizing the hard work and devotion of the petitioner towards his duties , issued a letters of appreciation from time to time which are placed on file . Respondent is carrying on his Hotel business in the name and style Hotel GrandMumtaz and prior to this respondent was carrying on his business in the name and style of M/ s . Mushtaq Trading Corporation . He is running various business of Hotel establishment as a sole proprietor. Petitioner continuously from 4th April , 1996 worked in different establishments for more than nine years to the entire satisfaction of the respondent . But unfortunately respondent without any reasons verbally terminated the services of the petitioner on 23rd day of May , 2005 without following the procedure laid down in Industrial Law . That before the termination, petitioner was not served with any notice , he was never charge- sheeted nor conducted any inquiry against him . No pay in live of notice was paid to petitioner in terms of section 25 - F of Industrial Disputes Act . Petitioner 7
No. 11-3 ] The J& K Govt . Gazette , 15th June , 2015/ 25th Jyai . , 1937 .
requested the respondent to re - engage him but he refused to do so . Petitioner approached the Conciliation Officer , Srinagar but respondent did not participate in the said proceedings . So the failure report has been submitted by him . Petitioner is a poor labourer having no source of income and prayed for reinstatement with full back wages .
12. This is whole sum and substance of the petitioner evidence which he produced during the proceedings on 12-04-2010 respondent A/R Mr. Rashid appeared and stated that he does not want to lead any further evidence so the evidence of the respondent stand closed , file is fixed for arguments . But later on respondent remains absent and ex parte has been initiated against them . Respondent again moved an application for setting aside ex parte proceedings same has been allowed subject to cost of Rs . 1,000/ - but again from November , 2014 respondent remains absent and again ex parte is initiated against respondent on 01-01-2015 and file was fixed for argument .
13. I have thoughtfully considered the argument advanced by the petitioner and had a minute study and appreciation of the evidence both oral as well as documentary available on the case file .
14. This Court /Tribunal has to return the findings within the circumscribed limited of the terms of reference identified by the competent authority appointed by the Government and we are not supposed and expected to travel beyond the term set up for adjudication . What is required to be settled precisely is to be finding out legality or otherwise of the action ofrespondent management in terminating the services of petitioner is legally valid or not . In case where the action as taken up by respondent in terminating the services of the petitioner is held illegal , assuming for the sake of argument then it is to be seen what appropriate relief can be given to the petitioner on account of such illegal action .
15. Briefly petitioner claim is that he was an employees of the Mushtaq Trading Corporation from year 1996 to 23-05-2005 . Though other sides claim is different , as per them he was engaged on contract 8 The J& K Govt . Gazette , 15th June , 2015/ 25th Jyai . , 1937. [No. 11-3
month- wise so he does not fall in the definition of workman . His nature of job is supervisory and drawing the salary of more than Rs . 1,600/ - petitioner has been found guilty of grave misconduct so his services were not extended in the best interest of institution . Respondent has laid the stress on the workman as per proviso IV, sub- section ( s ) of section 2 of the I. D. Act , 1947. I think it is better to reproduce the above - mentioned section :-
" ( s ) " workman " means any persons ( including an apprentice) employed in any industry to do any manual , unskilled , skilled , technical , operational , clerical or supervisory work for hire or reward, whether the terms of employment be express or implied , and for the purposes of any proceeding under this Act in relation to an Industrial Dispute , includes any such person who has been dismissed, discharged or retrenched in connection with , or as a consequence of, that dispute , or whose dismissal , discharge or retrenchment has led to that dispute , but does not include any such person ( iv) who , being employed in a supervisory capacity, draws wages exceeding [ ten thousand rupees ] per or exercises , either by the nature of the duties attached to the office or by reason of the powers vested in him , functions mainly of a managerial nature . "
16. In the present case there is no prima facie evidence which shows that petitioner was drawing wages exceeding ten ( 10) thousand neither he is performing the duties as a Manager. So to my view the contention of respondent that petitioner does not cover under the definition of workmen is having no weightage . The appreciation letter given to him during the service time it is mentioned that he is drawing the salary of Rs . 4,500 /- and performing the duty to the satisfaction of the management as works supervisor and it is crystal clear that he is working with the establishment of Mushtaq Trading Corporation from April , 1996 to year 2005. So , the contention of the respondent that he is on contract on month basis is not proved . Nether they lead any evidence on this point also . Respondent have also issued identity card to the petitioner which clearly depict that he is incharge of house- keeping as also alleged by the petitioner No. 11-3] The J& KGovt . Gazette , 15th June , 2015/ 25th Jyai . , 1937. 9
in his petition and adduced evidence in support of his petition . So this is admitted fact that petitioner was an employee of the respondent from 1996 to 2005. He has completed nine years of service with the respondent . There is no evidence on file which shows that he was on contract as alleged by the respondent through respondent themselves written in their appreciation letter that he was working with the establishment from 1996 up to expectation of management . So this is clear admission on the part of respondent .
17. As per respondent , he the petitioner was found guilty of a grave misconduct so he has been abandoned from entering into premises of the Hotel . If it was so I think respondent is under obligation to issue a notice to him and conducted a proper inquiry under law after that he can be retrenched after fulfilling the conditions laid down under section 25 - F of I. D. Act . This is clear that petitioner has completed 240 days in a calendar year continuously as he has worked with the Mushtaq Trading Corporation for nine complete years . So he was conferred with the right of a workman and respondent management therefore in turn was obligation to observe the mandate and procedure laid down under section 25 - F of I. D. Act before terminating his service . There is no evidence on file which shows that any notice of retrenchment has been issued by the respondent to the petitioner , no inquiry has been conducted before terminating the services of the petitioner.
18. So it is clearly established that petitioner has been terminated by the employer without giving a proper chance of hearing and without conducting inquiry . If petitioner founds guilty of grave misconduct he must have charge - sheeted and a proper chance of hearing be provided to him and after that if he is found guilty then it can be a proper termination . But it is nowhere in black and white anything have come the file about chance of hearing or a proper inquiry was conducted . So termination is not proper it is not a justified legal termination in support of my contention , laid my hand on an authority of Himachal Pardesh High Court 2008 page 284 held as under :
"Reinstatement with back wages when termination of service of workmen not legal termination of workmen without conducting 10 The J& K Govt . Gazette , 15th June , 2015/ 25th Jyai . , 1937. [No. 11-3
any enquiry and without issuing one month notice held to be violative of the service rule and section 25 - F of the Industrial Disputes Act, 1947 workmen placing an affidavit to the effect that he was not gainfully employed after its retrenchment same not rebutted by the employer by placing any material on record workmen held entitled for reinstatement with full back wages and also interest @ 9 % per annum from date he was allowed to resume duties . "
19. In the instant case petitioner have not deposed in his own deposition whether he was unemployed during the pendency of the reference or he was working some other agencies . So for other PW's are concern they have stated in support of the petitioner that he was a dedicated and an honest person . As they work with him in the Hotel Grand Mumtaz , Srinagar. Employer has statutory obligation to comply with the conditions precedent in making the payment of retrenchment compensation and one month wages in lieu of one month notice at the time of termination of the workman and in the absence of such payment termination will be void ab initio . As it has been held by the Delhi High Court in 2006 LLR 835 :-
" Since the respondents were workmen under the Industrial Disputes Act . Section 25 - F of the Act had put in over 240 days of service . Hence , the termination of their service without notice was illegal , since the compliance of section 25 - F is a condition precedent to the termination of service" .
20. In view of the above , the termination of the petitioner by the respondent management is illegal , invalid , unwarranted and uncalled for and against the principles of natural justice . Therefore , the termination of the petitioner by respondent management is hereby set aside and respondent is directed to reinstate the petitioner forthwith . Admittedly , the petitioner has rendered services for more than 240 days in calendar years as required , if the petitioner was working purely or temporally base . Even otherwise , taking over all view of the matter as well as evidence brought on record , it has not come clear that petitioner has worked somewhere or not .
No. 11-3 ] The J& K Govt . Gazette , 15th June , 2015 / 25th Jyai . , 1937. 11
21. So far as back wages in question is concerned I relies that nothing has come out from any side which shows that petitioner was working with any other agencies . It is well settled and it is necessary to consider the fact and circumstances of the each case before granted back wages . On this point I relied on the judgment of Hon'ble Bombay High Court of 2012 LLR page 1034 relevant para 11 which is reproduced as under : -
"Admittedly , as recorded above , petitioner is disabled and project affected person . In the complaint , through very averments are made i . e . he is unable to earn and run the family and also no one else working in any Government Department and therefore , family were suffering because of the poor condition ; and he has no source of income , yet these averments have never been challenged and / or remained unchallenged , are sufficient to defend the submission made by the Learned Counsel appearing for the petitioner that there was no evidence or material placed on record that he was without job and was not earning anything during this period . These averments as are not denied , the observation that the burden lies upon the respondent to prove the same is not correct . I am therefore , inclined to accept the averments made that he was not earning during this period , as he was out of job during this period. It is well settled and it is necessary to consider the facts and circumstances of each case before granting back wages ; a case is made out to modify the order and direct the respondent to pay 50 % backwages . I am inclined to reduce 50 % also for the reasons that admittedly, the petitioner never rendered services during this period with the respondent . The reduction to 50 % back wages in my opinion is proper and reasonable . "
22. In this case it is established that petitioner has been terminated illegally in the year 2005 and matter remained pending for a long time thought petitioner remain failure to prove that he was unemployed during the pendency but respondent have also not tried to prove that petitioner was working somewhere else or not . Keeping in mind the facts and 12 The J& K Govt . Gazette , 15th June , 2015 /25th Jyai . , 1937. [No. 11-3
circumstances of the case , respondent is hereby directed to pay 50 % back wages from the date of termination to the petitioner accordingly an Award is passed in favour of the petitioner and against the respondent . Copy of the award be sent to the Government of J & K through its Commissioner/ Secretary , Labour Department for information and for publication in the Government Gazette .
Announced:
05-05-2015 .
( Sd .) ZUBAIR A. RAZA ,
District and Sessions Judge
(Presiding Officer) ,
Industrial Tribunal/Labour Court ,
J& K, Srinagar .
EXTRAORDINARY
REGD . NO . JK-33
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[No. 11-5
Vol . 128 ] Srinagar , Tue. , the 16th June , 2015 /26th Jyai . , 1937.
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II -- C
Notifications , Notices and Orders by the Election Commission .
ELECTION COMMISSION OF INDIA
Nirvachan Sadan , Ashoka Road , New Delhi - 110001
4th June , 2015 .
Dated
14 Jyaistha, 1937 ( Saka) .
Notification
No. 56/2015 (I) /PPS-III.-In pursuance of sub- paragraph ( 2) of paragraph 17 of the Election Symbols ( Reservation and Allotment ) Order, 1968 , the Election Commission of India hereby makes the following 2 The J & K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937. [No. 11-5
amendments to its Notification No. 56 /2015 / PPS - II dated 13-01-2015 , namely :-
1. In Table II ( State Parties ) , appended to the said notification ,-
(i) Against Sl . No. 20 in respect of the State of Sikkim , the existing entry under Column No. 4 related to ' Sikkim Krantikari Morcha ' , shall be substituted with the entry ' Table Lamp' .
2. In Table III ( Registered unrecognised parties ) , appended to the said notification ,-
(i ) After the existing entries at Sl . No. 1737 , the following entries shall be inserted under Column Nos . 1 , 2 & 3 respectively : -
Sl . No. Name of the Party
1
2
1738. Rashtriya Lok Tantra Dal Address
3
Gram Mohalla, Nagla Kashi , Tehsil Dhaulana , District Hapur, Uttar Pradesh - 245301 .
1739. Pashchimi Uttar Pradesh Vikas Party
1740. Ahinsawadi Janata Party
1741. Global People Peace Party H. No. 1 , Kasana Niwas , Village Morna , Sector - 35 , Noida , District Gautambuddh Nagar, Uttar Pradesh - 201308 .
Near N. T. P. C. Main Gate , Noufari , Village Lodhai , Shamshabad Road , Agra , District Agra , Uttar Pradesh .
1 No. Anandanagar , P. O. Anandanagar , P. S. Kalyani , District Nadia , WestBengal- 741245 .
No. 11-5 ] The J & K Govt . Gazette , 16th June , 2015/ 26th Jyai . , 1937. 3
1
2
1742. The Public Welfare Party
1743. Aim Political Party
1744. Bhartiya Janmukti Party
1745. Anaithindiya Samuthaya Makkal Katchi
1746. Ujala Party
1747. Apna Raj Front
1748. Mazdoor Vikash Dal
1749. Bharat Janta Dal ( Tughlaq) 3
Sonapur Complex, Alhadnagar , Ward No. 14 , East of Zilla Complex , High School Gadchiroli , Maharashtra - 442605 .
543 , Babasheb Ambedkar Society , Room No. 179 , CEN No. 301 , Capt . Prakash Pethe Marg , Cuffe Parade , Colaba , Mumbai , Maharashtra - 400005 .
Village Dundur , P. O. Latheya , P. S. Chhatarpur , District Palamau , Jharkhand - 822116 .
80 , Kuzhandhai Velan Lane , MainRoad , Dindigul , Tamil Nadu - 624001 .
E-26 , Gali No. 9 , Near Water Tank , Subhash Vihar , Bhajanpura , Delhi - 53 .
House No. 1096 , Sector - 7 , Bahadurgarh , Haryana .
AtQtr . No. Plot-E/ 124 , Phase I , Chhend , Rourkela , Distt. Sundargarh , Odisha - 769015 .
Village Nirmani , Post Nirmana, Block Baghra , Thana 4 The J& K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937. [No. 11-5
2
1
3
Shahpur , Distt . Muzaffarnagar, Uttar Pradesh .
1750. Janapaalana Party (Democratic ) 8-2-703/2/ B , Plot No. 2 , Road No. 12 , Banjara Hills , Hyderabad , Andhra Pradesh - 500034 .
1751. Anjaan Aadmi Party
House No. 391 / 117A/ 1 , Radha Nagar Colony, Phulwariya Road , Daraganj , Allahabad , Uttar Pradesh .
1752. Garib Janta Dal ( Secular)
Mitra Mandal Colony, Ward No. 11 , Located Holding No. 470 , Saket Vihar , Anishabad , Patna - 2 , Bihar.
1753. Swaraj Janata Party
B - 79 - B , Street No. 7 , Shiv Vihar, Karawal Nagar, Delhi- 110094 .
1754. Kerala Vikas Congress
EP. III /468 , Eruvessi Village , P. O. Chemperi , Taliparamba Taluk, Kannur District Kerala - 670632 .
1755. Aap Aur Hum Party
Ward No. 24 , House No. 714/ 647, Mohalla Basanti Gali , District Muzaffarpur , Bihar .
1756. Jan Shakti Party of India
House No. 2 , Bhamian Khurd , Bhamian Road , Ludhiana , Punjab - 141010.
5
No. 11-5] The J& K Govt . Gazette , 16th June , 2015/26th Jyai . , 1937 .
3
1
2
1757. Bharat Utthan Party
Village Harni Ausari , Pragana Hissampur , PostArai Umri , Tehsil Kaiserganj , District Bahraich , Uttar Pradesh - 271904 .
1758. Bhartiya Kautilya Sena
R- 14/ 6 ( Basement) , Rajnagar , In Front of Square Mall , Ghaziabad , Uttar Pradesh .
1759. Ekta Vikas Mahasabha Party Sinha Sadan , L. C. T. Ghat , EastMainpura, Thana Pataliputra Colony, Post G. P. O , Sadar Patna , District Patna , Bihar- 800001 .
1760. Samuga Makkal Katchi
No. 3 , Mudalair Street , Vallam Village, Kanchepuram , Distt . Tamil Nadu - 602105 .
1761. Deshvadi Party
House No. 2184 , D- Block , Indira Nagar , Janpad Lucknow, Uttar Pradesh - 226016 .
1762. Jantawadi Congress Party
161/B , Opp . Shivaji Garden , Swadeshi Mill Raod , Chunabhatti (E) , Mumbai , Maharashtra - 400037 .
6 The J & K Govt . Gazette , 16th June , 2015/ 26th Jyai . , 1937. [No. 11-5
1
2
3
1763. Vikas Insaf Party
House No. 23 , Ward No. 10 , Mahmoodpur Pargana , Near P. C. F. Godown , Tehsil Sadar , District Fatehpur , Uttar Pradesh - 212601 .
1764 Telengana Independent Party House No. 5-2-13 , Tirumala Nagar , Moulali , R. R. District, Kapra Circle , Hyderabad , Andhra Pradesh - 500040 .
1765. Students United For Nation Party D. No. 12-464/4 , B - Block , Tadepalli , District Guntur, Andhra Pradesh - 522501 .
1766. Bhartiya Janhit Congress Party A-3 , Room No. 602 , 6th Floor, R. N. A. Park , Vashi Naka , R. C. Marg , Chembur, Mumbai , Maharashtra - 400074.
1767. Bhartiya Gramin Samaj Party Bhawan No. 15/357 , Near Bharoshi Ki Dharamshala , Pancham Wali Gali , Duttpura , Morena, Madhya Pradesh -476001 .
1768. Sarvajan Hitay Party
70/59 , Leader Road , Allahabad, Uttar Pradesh - 211003 .
1769. National People's Congress
H. No. 3-6-200 , Flat No. 105 , Arunodaya Apartment , Street No. 15 , Himayatanagar , 7
No. 11-5 ] The J & K Govt . Gazette , 16th June , 2015/ 26th Jyai . , 1937 .
2
3
1
Hyderabad -500029 , Andhra Pradesh .
1770. Rastriya Aam Jan Seva Party C- 90 , Khasra No. 770 , Madanpur Khaddar Extension , Tehsil Mehrauli , New Delhi -110076 .
1771. Yuva Anubhav Party
House No. 393-1 , Haritima , Rajiv Nagar, West Basharatpur , Gorakhpur, Uttar Pradesh .
1772. National Adhikar Insaf Party House No. 230 , Street No. 7 , S. A. S. Nagar , Abohar Road , Sri Muktsar Sahib , Punjab .
1773. Akhil Bhartiya Sawarn Party 177 /Q/ 94 , LIC Society , Sharda Nagar , Kanpur, Uttar Pradesh - 208024 .
1774. Bharat Mata Party
Village and Post Katka , District Mirzapur, Uttar Pradesh .
1775. Janta Sarkar Party
1-4/39 , Ground Floor, Sector- 16 , Rohini , Delhi- 110089 .
1776. Akhil Bhartiya Aapki Apni Party F -2 , Ground Floor, Rajendra Park, Nangloi , New Delhi - 110041 .
8 The J& K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937. [No. 11-5
1
2
3
1777. Tamilnadu Telungu Makkal Katch
Door No. 1/803 , Opposite Karpagam University , Pollachi Main Road, Coimbatore , Tamil Nadu - 641021 .
1778. Bharatiya Sangram Parishad 48 , Bank Street , Khatau Building , Ground Floor, S. B. S Road , Opposite Old Custom House , Fort , Mumbai , Maharashtra - 400001 .
1779. Rashtriya Jan Jan Party
Village Nawada Khurd , PostSahdullahpur viaHajipur, District Vaishali , Bihar .
1780. International Party
Block -B - 5 , Flat No. - 111 , Yamuna Vihar , Delhi - 110053 .
1781. New Rashtriya Samaj Party
H. No. 167 / 2 /5 /F/ 4 , 1st Floor, Bramhanand Nagar, Tadali Road, Kamatghar , Bhiwandi , District Thane , Maharashtra - 421305 .
1782. Rashtravyapi Janta Party
M. M. S. 1/84 , Sector -A , Aliganj , Lucknow, Uttar Pradesh .
( ii) Entries under Column 1 , 2 & 3 , pertaining to ' Gujarat Parivartan Party ' mentioned at Sl . No. 597 shall be deleted ;
( iii) Against Sl . No. 1079 the existing entries under Column 2 shall be substituted by the entries ' Navodayam Party' ;
No. 11-5 ] The J & K Govt . Gazette , 16th June , 2015 / 26th Jyai . , 1937. 9
(iv) Against Sl . No. 1301 the existing entries under Column 2 shall be substituted by the entries ' Rashtriya Jan Jagran Morcha ' ;
(v) Against Sl . No. 373 in respect of ' Bharatiya Sarvodaya Kranti Party' , the existing entries under Column 3 shall be substituted by the entries ' 113 , Malikpur , G. T. B. Nagar, Delhi - 110009 ' ;
(vi ) Against Sl . No. 83 in respect of ' Akhil Bhartiya Aamjan Party' , the existing entries under Column 3 shall be substituted by the entries ' Mukam Post Ladpura via Gagwana , District Ajmer, Rajasthan- 305023 ' ;
(vii) Against Sl . No. 750 in respect of ' Jan Raajya Party ' , the existing entries under Column 3 shall be substituted by the entries ' 110/F / 10A/ 1A , Kanahipur Village , Dhoomangunj , Allahabad- 211001 , Uttar Pradesh ' ;
(viii) Against S1 . No. 229 in respect of ' Bahujan Samaj Party (Ambedkar ) ' , the existing entries under Column 3 shall be substituted by the entries ' H. No. B - 33/ 103 , Mohalla Shehrian , Kapurthala , Punjab ' .
3. In Table IV ( List of Free Symbols ) , appended to the said notification ,-
(i ) The existing entry at Sl . No. 3 shall be substituted by the entries ' Auto - Rickshaw ( In all States and Union Territories except in the States of Andhra Pradesh and Telangana ) ' ;
(ii) The existing entry at Sl . No. 46 shall be substituted by the entries ' Hat ( In all States and Union Territories except in the States of Andhra Pradesh and Telangana ) ' ;
(iii) The existing entries at Sl . Nos . 51 and 52 i . e . ' Kettle ' and 'Lady Purse ' shall be deleted ;
10 The J& K Govt . Gazette , 16th June , 2015 /26th Jyai . , 1937. [No. 11-5
(iv) The existing entry at Sl . No. 75 i . e . ' Table Lamp ' shall be deleted .
By order.
( Sd . ) VARINDER KUMAR ,
Secretary,
Election Commission of India .
Published for general information .
( Sd . ) RISHPAL SINGH , KAS ,
Deputy Chief Electoral Officer ,
Jammu and Kashmir ,
Srinagar.