THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––––––––

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART

I-A- Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B- Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART II-A- Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART

II-B- Notifications, Notices and Orders by Heads

of Departments, Provincial Heads, Magistrates

and other officers competent to issue public

notices under any law or rule.....

PART

II-C- Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV- Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V- Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Government Press, Srinagar.

134-142

61-62

27-28

251-266

45-46

65-72

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.

––––––––

134 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 135

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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.

––––––––

136 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

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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

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 137

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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.

––––––––

138 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

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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

an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 139

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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.

140 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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.

––––––––

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 141

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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.

142 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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 ;

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.

———–

(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 ;

(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/Secretary to Government,

General Administration Department.

62 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937.

[No. 14

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 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.

––––––––

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 A. N.

(Sd.) PRASANNA RAMASWAMY G., IAS,

Additional Deputy Commissioner,

Kathua.

Relieved Officer.

(Sd.) ER. NARINDER SINGH BALI, KAS,

Additional Distt. Development Commissioner,

Kathua.

Relieving Officer.

28 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––————–––

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

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.

————

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Jammu

Suchetgarh

Chak Jogan

05–02

00–01

02–03

04–18

00–04

00–06

01–15

03–11

00–19

03–10

00–05

11–12

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 253

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

00–14

02–10

01–11

03–18

03–03

00–04

04–16

09–05

00–02

04–10

04–00

05–17

02–09

01–07

00–07

00–05

01–05

126

08–06

127

05–13

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

254 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

129

02–01

136

01–13

137

03–06

139

04–02

140

00–04

143

00–04

144

01–16

145

02–00

146

00–17

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

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

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Jammu

Suchetgarh

Bidhipur

159

01–07

Jattan

256 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

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

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Jammu

Suchetgarh

Chak Jogan

02–17

00–06

00–15

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

258 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

Tehsil

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Jammu

Suchetgarh

Abdullian

943

00–06

944

00–04

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.

————

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 259

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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, Kathua do

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.

260 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Kathua

Hiranagar

Chhan Tanda

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

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 261

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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

min

22–14

min

07–00

501

min

00–17

––––

Total

76–16

––––

(Sd.) ATUL GUPTA, KAS,

Collector, Land Acquisition,

Assistant Commissioner, Revenue,

Kathua.

————

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

262 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

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

Village

Khasra

Area

Nos.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Jammu

R. S. Pura

Kharkhola

01–18

14–17

00–19

02–06

02–02

00–11

03–13

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 263

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

07–13

01–11

01–12

01–15

01–01

00–12

02–05

02–10

02–09

02–06

01–07

02–16

02–18

02–15

02–17

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

264 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

Village

Name of

Khasra

Area

Land Owner

Tenent

No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Leh

Tia

Tsering Lazom

Self

760 min

00–10

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

No. 14] The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. 265

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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.

266 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

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 P. M.

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

of CDR pledged to Superintendent, District Jail, Baramulla for an amount

shown against each group :–

Name of

Particulars

Amount of Earnest

No.

Group

Money CDR

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Group “A”

Dietary items

Rs. 35,00.00

Group “B”

Electrical and

Rs. 30,000.00

other Miscellaneous

items

Group”C”

Hot and Cold

Rs. 15,000.00

Weather items

Group “D”

Medicines and Medical

Rs. 10,000.00

Instruments

Group “E”

Sports Articles

Rs. 10,000.00

(Sd.) ................................

Superintendent,

District Jail, Baramulla.

46 The J&K Govt. Gazette, 2nd July, 2015/11th Asad., 1937. [ No. 14

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

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

for territorial 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.

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.

The J&K Govt. Gazette, 11th June, 2015/21st Jyai., 1937.

[No. 11-2

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128]

Srinagar, Mon. the 15th June., 2015/25th Jyai., 1937. [No. 11-4

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,

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.

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-4

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 128] Srinagar, Tue., the 16th June, 2015/26th Jyai., 1937. [No. 11-1

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

–––––––

EXTRAORDINARY

REGD. NO. JK–33

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.

An Ordinance further to amend the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013.

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

that circumstances 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 commencement.––(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.

The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

[No. 11-1

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 ;

(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

The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

[No. 11-1

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

No. 11-1] The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

[No. 11-1

––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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. 11-1] The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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. 1l69-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.

EXTRAORDINARY

REGD. NO. JK—33

PART I––B

Jammu and Kashmir Government––Notifications.

———–

No. 9-h]

The J&K Govt. Gazette, 29th May, 2015/8th Jyai., 1937.

Fri.

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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.

EXTRAORDINARY

REGD. NO. JK—33

PART I––B

Jammu and Kashmir Government––Notifications.

———–

No. 9-i]

The J&K Govt. Gazette, 29th May, 2015/8th Jyai., 1937.

Fri.

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 4th June, 2015/14th Jyai., 1937. [No. 10-a

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

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.

The J&K Govt. Gazette, 4th June, 2015/14th Jyai., 1937.

[No. 10-a

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

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)

_______

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

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

No. 11-3]

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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.

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

No. 11-3]

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

Grand Mumtaz 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

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

of respondent 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

No. 11-3]

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

No. 11-3]

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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.

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

No. 11-3]

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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.

The J&K Govt. Gazette, 15th June, 2015/25th Jyai., 1937.

[No. 11-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-110001

Dated^{4th June, 2015.}

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Tue., the 16th June, 2015/26th Jyai., 1937. [No. 11-5

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.

———–

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

Address

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1738.

Rashtriya Lok Tantra Dal

Gram Mohalla, Nagla Kashi,

Tehsil Dhaulana,

District Hapur,

Uttar Pradesh-245301.

1739.

Pashchimi Uttar Pradesh Vikas

H. No. 1, Kasana Niwas,

Party

Village Morna, Sector-35,

Noida, District Gautambuddh

Nagar, Uttar Pradesh-201308.

1740.

Ahinsawadi Janata Party

Near N. T. P. C. Main Gate,

Noufari, Village Lodhai,

Shamshabad Road, Agra,

District Agra, Uttar Pradesh.

1741.

Global People Peace Party

1 No. Anandanagar,

P. O. Anandanagar,

P. S. Kalyani, District Nadia,

West Bengal-741245.

The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

[No. 11-5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 11–5]

The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1742.

The Public Welfare Party

Sonapur Complex, Alhadnagar,

Ward No. 14, East of

Zilla Complex, High School

Gadchiroli,

Maharashtra-442605.

1743.

Aim Political Party

543, Babasheb Ambedkar

Society, Room No. 179,

CEN No. 301, Capt. Prakash

Pethe Marg, Cuffe Parade,

Colaba, Mumbai,

Maharashtra-400005.

1744.

Bhartiya Janmukti Party

Village Dundur, P. O. Latheya,

P. S. Chhatarpur, District

Palamau, Jharkhand-822116.

1745.

Anaithindiya Samuthaya

80, Kuzhandhai Velan Lane,

Makkal Katchi

Main Road, Dindigul,

Tamil Nadu-624001.

1746.

Ujala Party

E-26, Gali No. 9, Near Water

Tank, Subhash Vihar,

Bhajanpura, Delhi-53.

1747.

Apna Raj Front

House No. 1096, Sector-7,

Bahadurgarh, Haryana.

1748.

Mazdoor Vikash Dal

At Qtr. No. Plot-E/124,

Phase I, Chhend, Rourkela,

Distt. Sundargarh,

Odisha-769015.

1749.

Bharat Janta Dal (Tughlaq)

Village

Nirmani,

Post

Nirmana, Block Baghra, Thana

––––––––––––––––––––––––––––––––––––––––––––––––––––––

The J&K Govt. Gazette, 16th June, 2015/26th Jyai., 1937.

[No. 11-5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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-l10094.

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.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1757.

Bharat Utthan Party

Village Harni Ausari,

Pragana Hissampur,

Post Arai 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,

East Mainpura,

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.

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[No. 11-5

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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,

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Hyderabad-500029,

Andhra Pradesh.

1770.

Rastriya Aam Jan Seva Party

C-90, Khasra No. 770,

Madanpur Khaddar Extension,

Tehsil Mehrauli,

New Delhi-l10076.

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-l10041.

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1777.

Tamilnadu Telungu

Door No. 1/803,

Makkal Katch

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,

Post Sahdullahpur via Hajipur,

District Vaishali, Bihar.

1780.

International Party

Block-B-5, Flat No.-111,

Yamuna Vihar, Delhi-110053.

1781.

New Rashtriya Samaj Party

H. No. I67/2/5/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’ ;

––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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 ;

No. 11–5]

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(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.

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