REGD NO. JK––33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... | 280-286 347-354 59-60 405-408 123-124 | 153-156 |
Printed at the Government Press, Srinagar.
280 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
PART I-A
Jammu & Kashmir Government–Orders.
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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Corrigendum
No. 2 Dated 25-06-2015.
Please read JK-359/13 instead JK-360/13 in Notification No. 395 dated 04-09-2013 issued in favour of Mr. Ashfaq Hussian Wani S/o Mr. Mohd Akbar Wani R/o Wagoora, Baramulla.
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Notification
No. 271 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Waheed Ahmad S/o Mr. Gh. Mohi-ud-Din Shah R/o Manzgam, Brain, 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. His name has been entered under Serial No. JK-306/2015 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.
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Notification
No. 272 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Ms. Rufaida Majeed D/o Mr. Abdul Majeed Khan R/o Mirza Bagh, Daulatabad, Khanyar, Mirza Bagh, Srinagar has been admitted and enrolled No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 281 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
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-297/2015 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.
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Notification
No. 273 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Sanjeev Raja S/o Sh. Anant Ram R/o Bokhri, 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-255/2015 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.
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Notification
No. 274 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Zaffar Hamid Wani S/o Mr. Hamidullah Wani R/o Zazri Pora, Wani Mohalla, Kulgam 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-293/2015 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.
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282 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 275 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Ms. Rumisa Majid D/o Mr. Abdul Majid Sheikh R/o Dewan Bagh, Qadeem, Jail Road, Baramulla 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-290/2015 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.
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Notification
No. 276 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Manik Wazir S/o Sh. Jag Mohan Wazir R/o Sardbag, Bhaderwah A/P Lane No. 8, H. No. 3, Tawi Vihar Colony, Sidhra, 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-312/2015 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.
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Notification
No. 277 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Sheikh Imran Shafi S/o Mr. Sheikh Mohd. Shafi R/o Kirmani Colony, Drangbal, Baramulla has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 283 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— one year from the date of issuance of this notification. His name has been entered under Serial No. JK-269/2015 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.
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Notification
No. 278 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Amandeep Singh Khajuria S/o Sh. Parlad Singh R/o H. No. 216, Warehouse, Bikram Chowk, 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-281/2015 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.
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Notification
No. 279 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Vinayak Phull S/o Sh.Vijay Kumar Phull R/o Ward No. 5, Kalka Temple, Poonch A/P 15-C, Govt. Qtr., Gandhi Nagar, 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-260/2015 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.
––––––––
284 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Notification
No. 280 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Ms. Iqra Amin D/o Mr. Mohammad Amin R/o Azad Basti, Green Lane, Natipora, 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-296/2015 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. 281 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Ms. Nuzhat Hassan D/o Mr. Gh. Hassan Khan R/o Khadinyar, Rather Mohalla, Baramulla 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-303/2015 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. 282 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Ms. Shazia Rashid Bhat D/o Mr. Abdul Rashid Bhat R/o Kadalfal, Pampore, Near Police Station, District Pulwama has been admitted and enrolled as No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 285 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
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-310/2015 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.
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Notification
No. 283 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Suresh Kumar Dogra S/o Lt. Shri Des Raj Dogra R/o H. No. 27/F, Raghunath Pura, 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-301/2015 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.
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Notification
No. 284 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Javeed Ahmad Khan S/o Mr. Gh. Rasool Khan R/o Awoora Mohalla, Khan Mohalla, Tehsil and District Kupwara 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-299/2015 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.
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286 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 285 Dated 16-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015 Mr. Hilal Ahmad Dar S/o Mr. Abdul Rashid Dar R/o Umer Colony, Kralhar Kanipora, Baramulla 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-283/2015 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.) G. M. PARRAY,
Joint Registrar (Adm.).
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 22nd Oct., 2015/30th Asv., 1937. [ No. 30
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PART I—B
Jammu and Kashmir Government—Notifications.
JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION, SOLINA, SRINAGAR.
Subject :— Assistant Director (Statistics-cum-Evaluation) Written
Examination, 2013-Option regarding appearing in General Economics Paper (Compulsory).
————
Notification No. PSC/Exam/2015/29
Dated 03-09-2015.
Whereas, vide Notification No. PSC/Exam/95/2014 dated 30-12-2014 read with notice dated 12-03-2015, the written 348 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
examination for the posts of Assistant Director,
Statistics-cum-Evaluation Examination, 2013 was conducted from
10-02-2015 to 29-03-2015 ; and
Whereas, the compulsory paper of General Economics of Assistant
Director, Statistics-cum-Evaluation Examination, 2013 was conducted on
29-03-02015 at Jammu and Srinagar Centres respectively ; and
Whereas, after the conclusion of the examination of the said paper,
a majority of the candidates approached the Commission through various
representations stating therein that the paper has not been framed as
per the prescribed syllabus and requested to re-conduct the said paper
; and
Whereas, the representations of the candidates were examined and
considered in the Commission in pursuance of Rule 12-A of J&K Public
Service Commission (Conduct of Examination) Rules, 2005 and it was
decided to cancel the said paper and conduct afresh examination in
the said paper and was accordingly notified vide Notification No. PSC/
Exam/25/2015 dated 21-08-2015 ; and
Whereas, after issuing the said notification, a number of
representations were made by a section of candidates that their earlier
paper may be considered for evaluation ; and
Whereas, the representations of these candidates were again
examined and the Commission in its meeting dated 02-09-2015, after
considering the matter, has decided to obtain option from the candidates
whether they would like reexamination in this paper (General Economics)
or would like to be evaluated on the basis of examination in the said
paper held on 29-03-2015.
Therefore, in view of the above, it is hereby notified that those
of the candidates, who wish to take the examination of the referred
to paper afresh may do so, and those who want that the Commission No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 349 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
may consider their earlier paper for evaluation may give their option
in writing to Secretary and Controller of Examinations, J&K Public
Service Commission, Solina Srinagar/Resham Ghar Colony, Bakshi
Nagar, Jammu.
(Sd.) SHAKEEL-UL-REHMAN,
Secretary and Controller of Examinations,
J&K Public Service Commission.
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GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT
(Services Section)
Subject :—Reconstitution of the Establishment-cum-Selection
Committee.
———
Government Order No. 1299-GAD of 2015
Dated 24-09-3015.
In supersession of all the previous Government Orders, issued on
the subject, sanction is hereby accorded to the reconstitution of the
Establishment-cum-Selection Committee as under :—
1. Mr. B. R. Sharma, IAS, : Chairman
Chief Secretary, J&K 350 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. Mr. B. B. Vyas, IAS, : Member
Principal Secretary to
the Chief Minister
3. Mr. Rakesh Kumar : Member
Gupta, IAS, Principal Secretary to the Government, Department of Forest, Environment
and Ecology
4. Mr. Navin Kumar : Member
Choudhary, IAS, Commissioner/Secretary to the Government,
Finance Department
5. Mr. Gazzanfer Hussain : Member-Secretary
IAS, Commissioner/ Secretary to the Government, General Administration
Department
6. Mr. Mohammad Ashraf : Member
Mir, Secretary to the Government, Department
of Law, Justice and Parliamentary Affairs
The Secretary of the Administrative Department to which the case
pertains shall be co-opted as a Special Invitee.
The terms of reference of the Establishment-cum-Selection Committee and the procedure to be adopted by it, while making the No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 351 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
selection for the posts within its purview, shall remain the same
as contained in Government Order No. 1488-GAD of 2011 dated 26-12-2011.
By order of the Government of Jammu and Kashmir.
(Sd.) IMTEEAZ KACHO,
Under Secretary to the Government.
———
GOVERNMENT OF JAMMU AND KASHMIR, HOME DEPARTMENT.
Subject :— Award of Sher-i-Kashmir Police Medal for Meritorious Service to Police Officers/Officials on the occasion of the Independence Day, 2015.
————
Government Order No. 345-Home of 2015
Dated 14-08-2015.
Sanction is hereby accorded to the award of Sher-i-Kashmir Police Medal for Meritorious Service to the following officers/officials of the Police Department on the occasion of the Independence Day, 2015 :—
S. No. Name of officer/official ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
—————————————————————————–––––—
S/Shri
1. Yoginder Kaul, IPS (SPS-94),
Inspector General of Police, IRP, Jammu.
352 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2
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2. Nisar Ahmed, IPS (SPS-99), Deputy Inspector General of Police, Doda-Kishtwar-Ramban, Hq., Batote.
3. Laeeq Ahmed Dar, Chief Prosecuting Officer,
Security Headquarters, J&K.
4. Parvez Ahmad Dar, Dy. SP, SDPO, Awantipora.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to Government, Home Department.
————
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT
(Administration Section)
Subject :—Appointment of Vice Chairperson, the J&K State Advisory
Board for Development of Scheduled Castes.
———
Government Order No. 1089-GAD of 2015
Dated 12-08-2015.
Mr. Bhushan Lal Dogra S/o Late Mr. Gian Chand R/o R. S. Pura,
Jammu, is hereby appointed as Vice-Chairperson, the J&K State No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 353 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Advisory Board for Development of Scheduled Castes, with the status of a Minister of State.
By order of the Government of Jammu and Kashmir.
(Sd.) GAZZANFER HUSSAIN,
Commission/Secretary to the Government.
————
GOVERNMENT OF JAMMU AND KASHMIR, HOME DEPARTMENT.
Subject :— Promotion of Dr. B. Srinivas, IPS (JK:90) to the grade of Additional Director General of Police (ADGP), Higher Administrative Grade (HAG) Rs. 67,000-79,000/-.
Reference :— Cabinet Decision No. 72/08/2015 dated 19-08-2015.
————
Government Order No. 354-Home of 2015
Dated 19-08-2015.
Sanction is hereby accorded to the promotion of Dr. B. Srinivas, IPS (JK:90) to the grade of Additional Director General of Police (ADGP), Higher Administrative Grade (HAG) Rs. 67,000-79,000/- w. e. f. 01-01-2015.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to Government, Home Department.
————
354 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR, HOME DEPARTMENT.
Subject :—Promotion of Mr. S. K. Mishra, IPS (JK:85) to the grade of
Director General of Police (DGP) Rs. 75,500-80,000/-.
Reference :— Cabinet Decision No. 71/08/2015 dated 19-08-2015.
————
Government Order No. 353-Home of 2015
Dated 19-08-2015.
Sanction is hereby accorded to the promotion of Mr. S. K. Mishra, IPS (JK:85) to the grade of DGP (Pay Scale of Rs.75,500-80,000/-) w. e. f. 11-05-2015 i. e. from the date, he has joined the State Cadre, against the vacancy of Special DG, Coordination, PHQ which is declared equivalent in rank and status of DGP.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to Government, Home Department.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Srinagar, Thu., the 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
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CHARGE REPORTS
In pursuance to Government Order No. 218-FST of 2015 dated
21-08-2015 issued under endorsement No. FST/Ser/Transfer/15/2010-II dated 21-08-2015, wer the undersignd do hereby handover and takeover the charge of Member-Secretary, J&K State Pollution Control Board today on 27-08-2015 (A. N.)
(Sd.) JAVED IQBAL PUNJOO, IFS,
Relieved Officer.
(Sd.) VASU YADAV, IFS,
Relieving Officer.
————
60 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
In compliance to Government Order No. 384-Home of 2015 dated 03-09-2015, the undersigned does hereby assume the charge of the Office of Director General of Police, Prisons on 04-09-2015.
(Sd.) S. K. MISHRA, IPS,
Director General of Police, Prisons, J&K, Srinagar.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 22nd Oct., 2015/30th Asv., 1937. [ No. 30
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PART II––B
Notifications, Notices and Orders by the Heads of Departments.
———
Notice
I, Rajeswar Kumar Mahato S/o Late Shri Ram Dass Mahato R/o Near KV No. 1, Akhnoor, that my correct name is Rajehwar Kumar Mahato and my son name is Neeraj Kumar Mahato. But erroneously school records of my son name Neeraj Kumar S/o Rajeshwar Kumar instead of Neeraj Kumar Mahato S/o Rajeshwar Kumar Mahato. Objection, if any, may be conveyed to the concerned authority within seven days from the date of publication of this notice.
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406 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE ADDITIONAL DEPUTY COMMISSIONER (COLLECTOR, LAND ACQUISITION), HANDWARA.
Subject :— Acquisition of additional land for construction of Handwara-
Lach-Nowgam Road.
———
Notification
In exercise of the powers vested in me under sub-section (1) of section 4 of State Land Acquisition Act, Svt. 1990, I, Additional Deputy Commissioner (Collector, Land Acquisition), Handwara do hereby notify that the land, particulars of which are given below, is
likely to be needed for public purpose namely Handwara-Lach-Nowgam Road.
District Tehsil Village Khasra Area Additional
No. already land
notified notified
—————————————————————————————
K. M. K. M.
Kupwara Handwara Kargam 359 Min 00–05 00–04
Any objection with regard to acquisition of the above said land,
will be received by the undersigned under sections 5&5-A of the Act within 15 (Fifteen) days from the publication of this notification in Government Gazette/local newspapers.
(Sd.) .......................
Collector, Additional Deputy Commissioner, Handwara.
———
No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 407 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DISTRICT COLLECTOR (DEPUTY COMMISSIONER), POONCH.
Notification No. 250/LA/P of 2015.
Whereas, the land whose specification is given below is required for construction of Dhundak Bridge at Village Dhundak under PWD (R&B), Tehsil Surankote, District Poonch ;
Specification of land
District Tehsil Village Khasra Area
Nos.
—————————————————————————————
K. M. S. Poonch Surankote Dhundak 338 00–06–00
382 05–15–00
382 Min 01–00–00
382 Min 00–12–00
382 Min 00–07–00
343 00–17–00
382 Min 03–12–00 ———— Total 12–09–00 ————
Whereas, notification as required under sub-section (1) of section 4 of Land Acquisition Act, Svt. 1990 was issued by the Collector,
Land Acquisition [Assistant Commissioner (Rev.)], Poonch vide his No. DCP/LA/111-19 dated 15-04-2015 ;
Whereas, the Collector, Land Acquisition [Assistant Commissioner (Rev.)], Poonch has recommended the case for issuance of notification 408 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
under section 6 and directions under section 7 of the Land Acquisition Act, Svt. 1990 vide his letter No. DCP/LA/174 dated 30-04-2015 ;
Whereas, the case comes within the pecuniary jurisdiction of the
undersigned in terms of SRO-236 of 2009 dated 11-08-2009 ;
Whereas, undersigned is satisfied after considering the report furnished by the Collector, Land Acquisition [Assistant Commissioner (Rev.)], Poonch, that the land is required for public purpose viz. for construction of Dhundak Bridge at Village Dhundak under PWD (R&B) Division Poonch, Tehsil Surankote, District Poonch.
Now, therefore, in exercise of the powers conferred upon the undersigned in terms of SRO-236 of 2009 dated 11-08-2009, it is
declared under section 6 of the Land Acquisition Act, Svt. 1990 that the land aforementioned is needed for public purpose. Further, the Collector, Land Acquisition [Assistant Commissioner (Rev.)], Poonch is directed under section 7 of the said Act to take order for acquisition of the land which specifications are given above.
(Sd.) ......................
District Collector, Deputy Commissioner,
Poonch.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 128] Srinagar, Thu., the 22nd Oct., 2015/30th Asv., 1937. [ No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– ADVERTISEMENTS–C
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POLICE HEADQUARTERS, J&K, SRINAGAR.
e-NIT No. 26 of 2015
Dated 01-10-2015.
For and on behalf of the Governor of Jammu and Kashmir State,
e-Tenders are hereby invited from reputed registered and original
manufacturers or fabricators of Bullet Resistant Vehicles to quote against
this tender for bullet-proofing of 06 (Six) Nos. Toyota Camry (with protection
levels-III & IV), (indicated in the detailed SBD and BoQs). The download
of NIT shall start on 01-10-2015 at 1600 hours. Tenders shall be submitted
online on J&K State e-Procurement Portal www.jktenders.gov.in before
27-10-2015 up to 1500 hours.
The tenders (technical bids only) will be opened online on 28-10-2015
at 1100 hours at Police Headquarters, Peer Bagh, Srinagar. In case of
unforeseen circumstances, the date of opening will be next working day at
the same time.
124 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Detailed tender documents (SBD) with terms and conditions are
available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.) ..........................
AIG (Provision/Transport) For Director General of Police, J&K, Srinagar.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 20th Aug., 2015/29th Srav., 1937. [No. 21-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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––FINANCE DEPARTMENT
Notification
Srinagar, the 20th August, 2015.
SRO-278.––In exercise of the powers conferred by section 5 of the Jammu and Kashmir Levy of Tolls Act, Samvat 1995 (Act No. VIII of 1995), the Government hereby grant post-facto exemption from payment of levy of Toll, leviable under the said Act in respect of goods/materials shown in "Annexure" to this notification, which were imported into the 2 The J&K Govt. Gazette, 20th Aug., 2015/29th Srav., 1937. [No. 21-b ––––––––––––––––––––––––––––––––––––––––––––––—–––————— State by the Manav Uthan Sewa Samiti, Regd. 2/12, East Punjab Bagh, New Delhi for holding a Sadbawana Sammelan at M. A. Stadium, Jammu
on 2nd and 3rd of May, 2015.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government, Finance Department.
––––––
No. 21-b] The J&K Govt. Gazette, 20th Aug., 2015/29th Srav., 1937. 3
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Annexure to the Notification SRO-278 dated 20-08-2015.
S. Name of item Quantity
No. (in Nos.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Fattey 4x6 for stage 100
2. Base stage 300
3. Cross stage 220
4. Stand stage 60
5. Chair Plastic 2000
6. Sofa sets 30
7. Table 200
8. Pillars 100
9. Bamboo 1000
10. Rassi Loose
11. Tripal 45
12. Pipes 1000
13. Halogen Lamp (500 Watt.) 400
14. Beam Par 50
15. Kanaat 300
16. Pardey 350
17. Matt 500
4 The J&K Govt. Gazette, 20th Aug., 2015/29th Srav., 1937. [No. 21-b ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1 2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 18. Dariyaan
100
19. Ceiling Fans
10
20. Cloth Loose
Loose
(Sd.) BHARAT SINGH, KAS,
Deputy Secretary to Government, Finance Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Mon., the 24th Aug., 2015/2nd Bhad., 1937. [No. 21-d
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Srinagar, the 24th August, 2015.
SRO-280.––In exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Wakafs Act, 2001, the Government after consulting the Administrator Auqaf Islamia, Jammu hereby publish Land measuring 01Kanals 10 Marlas under Khasra No. 207 Min situated 2 The J&K Govt. Gazette, 24th Aug., 2015/2nd Bhad., 1937. [No. 21-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
in Village Badsoo, Tehsil and District Jammu, as Wakaf Property for the purpose of the Mosque and Madrassa.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD AFZAL, IAS,
Secretary to Government. Revenue Department.
–––––––
N
Annexure-II
o
.
2 1
-
d
– – – – – – –
Survey
]
—
T h e
J S. No. District Tehsil Village Khasra Nos. Area Nature of Property Remarks –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– & K
K. M. Sft.
G
o v
t .
1. Jammu Jammu Budsoo 207 Min 01––05––00 Mosque
G
a z e
t t
00––05––00 Darasgah
e
,
–––––––––––
2 4
t
h
Total 01––10––00
––––––––––
A
u g
. ,
(Sd.) ...........................
2 0 1 5
/
2 n d
Special Officer, Auqaf, J&K, Srinagar.
–––––––
B h a d
. ,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
1 9 3 7
.
— — —
3 4 The J&K Govt. Gazette, 24th Aug., 2015/2nd Bhad., 1937. [No. 21-d ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
y e v r u S
I - e r u x e n n A EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Wed., the 26th Aug., 2015/4th Bhad., 1937. [No. 21-i
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––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Srinagar, the 26th August, 2015.
SRO-285.––In exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Wakafs Act, 2001, the Government after consulting the Administrator Auqaf, Jammu hereby Publish/notify Land measuring 01 Kanal 01 Marlas under Khasra No. 343 Min "Ahli Islam" 2 The J&K Govt. Gazette, 26th Aug., 2015/4th Bhad., 1937. [No. 21-i ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
situated in Village Nagrada Tehsil and District Jammu, as Wakaf Property for the Purpose of the said Act.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD AFZAL, IAS,
Secretary to Government. Revenue Department.
–––––––
N
Annexure-II
o
.
2 1
Survey
– – – – – – –
- i ]
—
T h e
J S. No. District Tehsil Village Khasra Nos. Area Nature of Property Remarks ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
& K
K. M. Sft.
G
o v
t .
1. Jammu Jammu Nagrada 343 01––01––00 Masjid Sharief
G
a z e
t t
e
,
(Sd.) ................................
2 6
t
h
A
Special Officer, Auqaf, J&K, Srinagar.
u g
. ,
–––––––
2 0 1 5
/
4
t
h
B h a d
. ,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
1 9 3 7
.
— — —
3 4 The J&K Govt. Gazette, 26th Aug., 2015/4th Bhad., 1937. [No. 21-i ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
y e v r u S
I - e r u x e n n A EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Mon., the 31st Aug., 2015/9th Bhad., 1937. [No. 22-f
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Srinagar, the 31st August, 2015.
SRO-291.––In exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Wakafs Act, 2001 (Act No. III of 2001), the Government after consulting the Administrator, Auqaf Islamia, Jammu hereby publish land measuring 170 Kanals 16 Marlas under Khasra 2 The J&K Govt. Gazette, 31st Aug., 2015/9th Bhad., 1937. [No. 22-f ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
No. 1417 Min situated at Village Barn, Tehsil and District Jammu, as Wakaf Property for the purpose of the Graveyard.
By order of the Government of Jammu and Kashmir.
(Sd.) MUHAMMAD AFZAL, IAS,
Secretary to Government. Revenue Department.
–––––––
N
Annexure-II
o
.
2 2
– – – – – – –
- f ]
—
S. No. District Tehsil Village Khasra No. Area Nature of Property Remarks ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Sft.
T h e
J
& K 1. Jammu Jammu Barn 1417 170––16––00 Graveyard
G
o v
t .
–––––––––––
Total 170––16––00
G
––––––––––––
a z e
t t
e
,
(Sd.) ................................
3 1 s t
A
u g
. ,
Special Officer, Auqaf, J&K Government.
–––––––
2 0 1 5
/
9
t
h
B h a d
. ,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
1 9 3 7
.
— — —
3 4 The J&K Govt. Gazette, 31st Aug., 2015/9th Bhad., 1937. [No. 22-f ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
y e v r u S
I - e r u x e n n A EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Wed., the 16th Sept., 2015/25th Bhad., 1937. [No. 24-k
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––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Srinagar, the 16th September, 2015.
SRO-323.––In exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Wakafs Act, 2001 (Act No. III of 2001), the Government, after consulting the Tehsil Auqaf Committee hereby publish land measuring 11 Kanals 07 Marlas comprising 2 The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937. [No. 24-k ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Khasra Nos. 420 min and 485, 4 Kanals 10 Marlas classified as Jamia Masjid with compound under Khasra No. 420 min and 06 Kanals 17 Marias classified as Banjer Land situated at Village Chadoora, Tehsil Chadoora and District Budgam, as Wakaf property for the purposes of practical use of local muslims.
By order of the Government of Jammu and Kashmir.
(Sd.) DHEERAJ GUPTA, IAS,
Secretary to Government. Revenue Department.
–––––––
N
Annexure-II
o
.
2 4
-
k
– – – – – – – Survey Land Statement for Notification as J&K Wakaf Property
]
—
T h e
J S. No. District Tehsil Village Khasra Nos. Area Nature of Property Remarks –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– & K
K. M. Sft.
G
o v
1. Budgam Chadoora Chadoora 420 min 04––10––00 Jamia Masjid with compound
t .
G
2. do. do. do. 485 06––17––00 Banjer Land
a z e
t t
–––––––––––
e
,
Total 11––07––00
1 6
t
h
––––––––––––
S e p
t . , The above land has been surveyed by the field staff and verified on spot under the provisions of J&K Wakaf Act, 1978 and has been declared as Wakaf property under section "5" of the said Act.
2 0 1 5
/
Hence submitted along with Annexure I for further notification and publication in Government Gazette.
2 5
t
h
B h a d
(Sd.) ................................
. ,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
1 9 3 7
.
Special Officer, Auqaf, J&K Government.
–––––––
— — —
3 4 The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937. [No. 24-k ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
I - e r u x e n n A EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Wed., the 16th Sept., 2015/25th Bhad., 1937. [No. 24-l
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––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Srinagar, the 16th September, 2015.
SRO-324.––In exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Wakafs Act, 2001 (Act No. III of 2001), the Government, after consulting the Administrator, Auqaf Islamia, Jammu, hereby publish land measuring 10 Kanals 12 Marlas under 2 The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937. [No. 24-l ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Khasra No. 4, '01 Kanal 06 Marlas (Takia Baba Barkat Shah)' '04 Kanals 06 Marlas (Akhara Peer Baba Barkat Ali Shah)' and '05 Kanals (Graveyard)' situated at Jajjar Kotli, Tehsil and District Jammu as Wakaf Property for the purposes of the said Act.
By order of the Government of Jammu and Kashmir.
(Sd.) DHEERAJ GUPTA, IAS,
Commissioner/Secretary to Government. Revenue Department.
–––––––
N
Annexure-II
o
.
2 4
– – – – – – –
- l ]
—
S. No. District Tehsil Village Khasra No. Area Nature of property Remarks ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
T h e
K. M. Sft.
J
1. Jammu Jammu Jajjar Kotli 4 01––06––00 Takia Baba Barkat Ali Shah
& K
G
04––06––00 Akhara Barkat Ali Shah
o v
t .
05––00––00 Graveyard
G
–––––––––––
a z e
Total 10––12––00
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
– t
– t
e
– ,
–––––––––––– –
– 1
– 6
t
– h
–
– S
– e
– p
(Sd.) ................................ t
– .
,
–
– 2
– 0
Special Officer, Auqaf, – 1
– 5
/
J&K Government. – 2
– 5
– t
––––––– – h
–
– B
– h
– a
– d
– .
,
–
– 1
– 9
– 3
7
— .
—
— 3
4 The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937. [No. 24-l ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
I - e r u x e n n A
-
y e v r u S
.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 10th Sept, 2015/19th Bhad., 1937. [No. 24-2
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.
———–
GOVERNMENT OF JAMMU AND KASHMIR INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, SRINAGAR/JAMMU
File No. : 276/ITLC.
Date of Institution : 20-01-2014.
Date of Award : 14-07-2015.
––––––
Oberoi Service Centre, Narwal Bala, Bye-Pass Road, Jammu through its Proprietor Narinder Singh Oberoi S/o Late Shri Isher Singh Oberoi, R/o H. No. 60, Sector No. 13, Nanak Nagar, Jammu.
Petitioner
Versus
1. Regional Director, E. S. I. Corporation, 10-B, Radha Bhawan, Shastri
Nagar, Jammu.
2 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. Recovery Officer, E. S. I. Corporation, 10-B, Radha Bhawan, Shastri
Nagar, Jammu
Respondents
_______
In the matter of :––Petitioner under section 75 (g) of Employees State Insurance Act, 1948 for settlement of dispute between the parties to the petition that the establishment of petitioner does not comes within the purview of ESI Act and for refund of Rs. 4,040.00/- with interest @ Rs. 12% P. A. llegally obtained as contribution by the respondents from the petitioner.
–––––––
AWARD
1. Petitioner claim that he is a Proprietor of Oberoi Service Centre, Narwal Bala, Bye-Pass, Jammu which is situated at Village Narwal Bala under the Khasra No. 260, Tehsil and District Jammu outside the Municipal Corporation of Jammu. As per certificate issued by Naib Tehsildars Settlement, Bahu which is clearly evidencing the fact that the establishment of the petitioner is situated at Narwal Bala. Vide notification issued by the Government of India dated 06-10-1989 that the area of Municipal of Jammu City and other particular areas come within the purview of ESI Act, but unit of the petitioner remained outside the coverage area as per notification aforesaid till date. Copy of the notification is also annexed with the petition. Petitioner further submitted that respondent w. e. f. 27-08-2009 illegally implemented provision of ESI Act on the establishment of petitioner without any authority and in absence valid notification and also allotted ESI Code No. 9000010090000709. Respondents had illegally in absence of any notification and without any authority of law as implemented the provision of ESI Act on the establishment and has obtained Rs. 4040/- from the petitioner which was deposited by mistake as contribution with respondent. Petitioner requested the respondent to rectify mistake and refunded the contribution which has been collected without any authority of law. But respondent has not accepted the request of the petitioner, hereby giving cause of action to file the petition. That the contribution deposited by the No. 24-2] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
mistake in as much the respondent has without any notification issued by the concerned Government as covered the unit of the petitioner illegally and in violation of Article of 265 of Constitution of provision. Petitioner or any employee of the unit has not received any benefit from the respondents. Petitioner has raised a dispute under section 75 (g) of ESI Act for settlement of dispute between the petitioner and the respondent corporation and for recovery of Rs. 4040/- which has been illegally obtained by the respondent. This court has jurisdiction to entertain the petition and finally prayed for kindly be settled with the respondent and respondent be directed to refund to the petitioner a sum of Rs. 4040/- with interest of 12% per annum.
2. Thereafter, file was fixed for objection from respondent.
Whereupon filed objection on inter alia alleging.
3. Content of most of the para's of petitioner is generally denied as wrong and frivolous. It is, however, submitted that main contention of the petitioner being outside the limits of Jammu Municipality is contrary to facts on record. As all the area falling under the Municipal Limit of Jammu are coverable under ESI Act and applicants units was rightly covered since the same fall within the Municipal Limit of Jammu City. Notification issued earlier is self-sufficient as it covered all the area falling in municipal limits. Further as per the Act, notifications separately issued only when some new area is brought into the ambit of the scheme like notification was issued covering Katra, Udhampur area. Since as per Notification Act is applicable on the units within municipal limits. The provisions being coextensive and co-terminus with the municipal limits, no further notification is required which would be redundant exercise. It was further incumbent upon petitioner to ascertain the laws applicable in their "Municipal Area" from time to time and to be amenable to the same by complying law of the land. It is further submitted here that petitioner unit was rightly covered since the same fell within the limit of Municipal Jammu and petitioner never raised, any issue to the office of the respondent in accordance with section 77 of ESI Act, 1948, except the present one, the unit continues covered under provision of ESI Act. It is admitted that contribution was deposited with the corporation. So, surely benefit would have been entitled to availed by the employees of the petitioner and as such, the claim of the petitioner is absurd. Coverage letter was issued by the office is legal as the 4 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
unit is situated in the implemented area of Jammu Municipal Corporation. The contention of petitioner is after thought to deprive their employees from the benefit under the scheme by escaping from coverage on fabricated grounds. ESI contribution is not a tax and the corporation has got the right to collect the contribution from covered unit from the benefit of employee under the Beneficial Act. The dispute raised by the petitioner and his claims for refund for all further barred under section 77 of the ESI Act, 1948 and filed with a view to deprive his employee of social security of benefit under the Act.
4. I have heard Ld. Counsel for both sides and also perused the record available on file. As there is a main point for determination is only whether the unit of the petitioner falls within the jurisdiction of the area which is covered by the notification of the Government under ESI
Act, 1948.
5. The basic question for the disposal of the petition by this court is
"Whether the provision of ESI is applicable in the area falling within the
limits of extended municipal limits." In this regard Ld. Counsel for parties
have argued at length. The notification dated 06-10-1989 was made
applicable w. e. f. 16-10-1989 to the State of J&K for certain area. Here
we are dealing the applicability of said notification to the area falling under
the local limit of extended municipal limits. A bare perusal of the notification
issued by the Government of India/Central Government reveals that the
provision of the ESI Act are applicable to Jammu Municipal Limit of Jammu
City, Cantonment Limits of the Jammu, Village Miran Sahib, Ban Sultan,
Muthi and Gangyal etc. Undoubtedly the unit of the petitioner is situated at
Village Narwal Bala, Bye-Pass Road, Jammu and by virtue of Notification
of SRO-434 dated 24-12-2003 issued in J&K Government Gazette. The
Village Narwal Bala is also included in the Municipal Limit of Jammu
Municipal Corporation. The unit of the petitioner right now is fall within the
Municipal Area of Municipal Corporation of Jammu by virtue of this
notification unit of the petitioner definitely falls within the municipal limits.
6. Ld. Counsel for the petitioner has stress that it is the domain of the
Government of India to include any area in the purview of ESI Act. If any
area brought under the provision of ESI Act or delete any area from the No. 24-2] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
coverage there must be a notification from the Central Government. State
Government has not power to extend the limit of area of ESI Act they can
include any area in the municipal limits but same does not conferred any
power to the Government to brought the provision of ESI Act. In support of
his contention he has cited a case law of Hon'ble High Court, Rajasthan in
the year 1990. But I have persued the same judgment and which was
challenged in the Supreme Court by way of SLP and same has been
dismissed.
7. The petitioner unit falls within the municipal limit of Jammu City.
By virtue of the Notification SRO-434 dated 24-12-2003 issued by the
Government of J&K Notification and dated 06-10-1989 to the State of
J&K by the Central Government and as per said notification, the area of
Jammu Division inter alia others to which the provision of the said Act as
mentioned in the said notification were made applicable.
8. It is further submitted that vide notification dated 06-10-1989 the
complete provision of ESI Act were made applicable w. e. f. 16-10-1989
by the "Government of India" to the State of J&K as per the said notification,
the area of Jammu Division inter alia other to which the provision
of the said Act, as mentioned in the said notification were made
applicable are––
II. Jammu Divisions HAD BAST No., Jammu—
i. Municipal Limits of Jammu City ;
ii. Cantonment Limits of Jammu Cantt. ;
iii. ______________________________ ;
iv. ______________________________ ;
v. Gangyal.
9. Ld. Counsel for the respondent argued that "The Employees State
Insurance Act, 1948" was introduced to provide for certain benefits to
employees in case of sickness, maternity in case of female employees, 6 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
injury etc. This Act being welfare measure to provide certain benefits to
the employees. The Act, therefore, must receive a liberal construction so
as to promote its objects. In ESI Corporation of Hyderabad V/s. Jaya Laxmi
Cotton and Oil Products (P) Ltd., 1980 Lab IC 1078 it was held that––
"In consistency between laws made by Parliament and laws made
by the Legislature of a State (Article 254) (1) if any provision of a
law made by Lagislature of a State is repugnant to any provision
of law made by Parliament which Parliament is competent to
enact, or to any provision of any existing law with respect to one
of the matters enumerated in the Concurrent List, then subject to
the provisions of Clause (2) the law made by the Parliament,
whether passed before or after the law made by the Legislature
of such State, or, as the case may be, the existing law, shall prevail
and the law made by the Lagislature of State shall to the extent of
repugnancy be void".
10. The underlaying aim of the Act is to insure the employees against
various risks to their life, health and well being and the charge is upon the
principal employer even though he may get his usual work done through an
intermediary, who is describe in the Act as immediate employer. Any
dispute between the principal employer and the immediate employer is to
be settled between themselves, dehors, the employees and the Act charges
the principal employer with the liability to pay the contribution not only of its
own but also that of the employees subject to this right to deduct the
employees contribution from their wages under section 40(2) of the Act.
There is quicker mode of recovery as arrears of land revenue under
section 45-B and 73-D. Chapter V-A provides for transitory provisions and
by section 73-A every principal employer shall have to pay a special
contribution in lieu of the employer's contribution payable under Chapter
IV. Adjudication all kinds of specified disputes are also intended to be
expeditiously disposed of by the court constituted under section 74. Such
disputes include dispute between a principal employer and an immediate
employer as noticed earlier. Civil Court's jurisdiction is barred in respect of No. 24-2] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
matters specified in the Act. There is only one special type of appeal to the
High Court and that also in a restricted form. The Act in sisters on
compliance with its provisions on pain of penalties and the contribution due
to the corporation have priority over other debts.
11. The another limbs of the argument of Ld. Counsel for respondent
that in order to provide the benefits of the scheme of the Act, Legislature/
State of J&K has intentionally extended the scheme of the Act to all
establishment/factory/unit/shop etc. which are falling under the Municipal
Limits of the Jammu City and Cantonment Limits of Jammu Cantt. In order
to provide the benefits to his poor and miserable employees to provide the
remedies for the vide spread evils arising from the consequences of the
national poverty.
12. It is clear from the very language of the notification above said
that so far as area falling under the limit of municipal limits of Jammu City
and cantonment limits of Jammu Cantt. The area of implementation is not
confined/limited/identified/restricted are defined by HAD BAST No. and
the Act applies to the all the area which comes under the Municipal Limits
of Jammu City irrespective of its HAD BAST No. or Khasra No. It is
submitted that the above said notification is silent with regard to "HAD
BAST Number" or Khasra Number of areas to which the Act applied,
which falls within the Municipal Limits of Jammu City and Cantonment
Limits of Jammu Cantt. And from above it is clear that the Central
Government/State Government had deliberately not confined/limited/defined/
identified/restricted the areas by any HAD BAST Number/Khasra Number
falling under Municipals Limits of Jammu City and Cantonment Limits of
Jammu Cantt., for the purpose of applicability of the Act and an option
was/is deliberately kept/left open in the notification for the further
probabilities, with the intention to provide insurance protection/cover and
other benefits etc. under the Act to the employees who are working in the
factories/establishments falling under the ordinary territorial limits of
Municipal Limits of Jammu City and Cantonment Limits of Jammu Cantt.
8 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
13. Ld. Counsel for petitioner stress on the point that subsequent
notification is mandatory for invoking the provision of ESI Act and he has
cited case law titled as M/s. Anil Textile Industry V/s, ESI. I have gone
through the said judgment and distinguishable as the facts of cited case is
different to present case.
14. Now the question comes for the consideration, whether the
subsequent notification is required to be issued by the Central Government
for extended municipal limits. In this regard the interpretation of the
notification is profitable. The wording of the notification issued by the Central
Government dated 06-10-1989 is unambiguous and very clear which reads
as, "the Municipal Limits of Jammu City". The Municipal Limits of Jammu
City does not mean that the only area falls within the Municipal Limits of
Jammu City and not beyond that. It is the duty and the competence of the
State Government to issue the notification with regard to the inclusion of
more areas for municipal limits and the Government of India has nothing to
do with the issuance of notification for the extended Municipal Limits. The
State Government may issue notification for the extension of municipal act
to certain areas after month or later on and if the plea of the Ld. Counsel
for the petitioner is accepted then the Central Government has to issue a
subsequent notification after every notification issued by the State
Government for the extended municipal limits, which does not seems to be
well founded. The notification already issued by the Government of India
mandates, that the areas falling within the Municipal Limits of Jammu City.
The liberal approach is to be taken while interpreting the line/words,
"Municipal Limit of Jammu City". Once notification issued by the Central
Government speaks it self that Act is applicable to the Municipal Limits of
Jammu City, so there is no purpose to issue the subsequent notification in
this regard. Wherever municipal limits, extends, the provision of ESI Act
automatically becomes applicable. The only criteria for the implementation
of the Act is that unit comes within the municipal limits, may be the municipal
limits as per the notification 06-10-1989 or the extended municipal limits
irrespective of its issuance by the Government. As per petitioner, respondent
had illegally implemented the provision of ESI Act on the establishment of
petitioner w. e. f. 27-08-2009 without any authority and in absence any No. 24-2] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
valid notification and allotted the Code No. 19000010090000709 and he
has deposited some amount of Rs. 4040/- as contribution. Petitioner
contention is only that State Government has no power to issue a notification
under ESI Act, State Government cannot extend the limits of the any area.
But as per notification of Government of India dated 06-10-1989. ESI Act
is applicable on the Area of Jammu municipal limits. I do agree with the
Ld. Counsel for the petitioner, if any, other village or tehsil or any other
district is to be included in the list of ESI Act, then a proper notification
required to be issued by the Central Government in this regard. But when
municipal limits are already mentioned in the notification I think there is no
need to misuse any fresh notification for Jammu Municipality. It may be
extended or reduced the limits. Acts applicable only in the municipal limits
of Jammu City. As such the contention of Ld. Counsel for petitioner is not
tenable.
15. Reliance is also placed on a judgment of titled M/s. Krishana
Foundry Works V/s. Administrator, Municipality Ambala City and Ors.,
decided on 11-02-1985 in appeal No. 2041 of 1976. The Hon'ble High
Court of Punjab and Haryana has held, "Specific Relief Act, 1963, Section
38 Punjab Municipal Act, 1911, section 61 (4) and 62-Haryana Municipal
Act, 1973, section 200 (g) and 279-Octroi Imposition of Octori Limit-
Determination-Injunction Suit-Restraining defendants from assessing and
realizing Octroi, on goods imported in their premises-plea that no bye-laws
were framed by the State Government prior to March 19, 1976, the imposition
of any Octroi, by extending the municipal limits was illegal-From the very
beginning, Octroi was being imposed under notification dated November
24, 1967, without there being any bye-laws to that effect-Question of fixing
any Octroi limits as such afresh did not arise-Prior to the bye-laws dated
March 19, 1976, the Octroi limits of the municipality vide notification dated
February 21, 1974 the municipal limits of the municipality were extended-
Area within the business premises of the plaintiffs was also included therein.
They were liable to pay the Octroi in view of the earlier notification dated
November 24, 1967 fixing of that Octroi limits separately under the
circumstances did not arise. For the purposes of realizing Octroi, the Octroi
limits were the same as the municipal limits of the municipal." 10 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
16. This is admitted fact that Village Narwal Bala was included in the
Municipal Limits of the Jammu Municipal Corporation in the year 2003 as
per SRO-434 dated 24-12-2003 and the unit of the petitioner falls under the
jurisdiction of Narwal Bala, after issuance of notification with regard to
extended area of Jammu Municipality Unit was covered by the ESIC. So it
is well established that unit falls within the limits of the municipality.
17. Hence, considering the above said discussion and the entire
facts and circumstances of the case. I am of the view that petitioner has
failed to make out a case for the grant of relief as prayed and for setting
aside the demand notice and refund of the contribution already paid by the
petitioner to the respondent. Net result is that petition is dismissed. There is
no order to cost. Interims direction if any passed by this court shall stand
vacated. Petition stand disposed off and file shall consign to record after
due completion.
Announced :
14-07-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge (Presiding Officer), Industrial Tribunal-cum-Labour Court, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Srinagar, Thu., the 10th Sept., 2015/19th Bhad., 1937. [No. 24-4
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.
———–
GOVERNMENT OF JAMMU AND KASHMIR INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, SRINAGAR/JAMMU
File No. : 138/LC.
Date of Institution : 19-01-2010.
Date of Award : 16-07-2015.
––––––
Suresh Kumar S/o Puran Chand, Security Guard.
Petitioner
Versus
Factory Manager, M/s. Reckitt Benchiser (India) Ltd., Lane No. 2, Industrial Complex, Bari Brahmana, District Samba.
Respondent
_______
2 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
AR for the petitioner is present.
AR for the respondent present.
–––––––
AWARD
1. Section 10 of the Industrial Disputes Act (herein referred to as
"the Act"), envisages that where the appropriate Government is of the opinion that any Industrial Dispute exists or apprehended, it may at any time in writing referred to 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 Act, has made a reference to this Tribunal vide SRO No. 37 on dated 15th of January, 2010 for adjudication and passing an appropriate order. The reference made by the Government broadly and pointedly after having proper consideration by the Reconciliation Officer. Government is of the opinion that Industrial Dispute exists between Suresh Kumar V/s. M/s. Reckitt Benckiser India Ltd., Phase-1, Lane No. 2, Bari Brahmana, Samba. 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 for adjudication on the following issues :––
I. Whether the termination of services of the workman is legally
justified ?
II. If not, to what relief is entitled ?
3. Fundamentally and primarily the reference which 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 to the notices to both side for filing the claims and objections from other side. Petitioner appeared to through authorized representative
and filed claims of the petitioner in the dispute.
No. 24-4] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
5. Petitioner in his claims alleged that he joined the service with the
factory on 16-07-2004 as security guard remained in continuous in-service
till the termination. The alleged resignation letter dated 27-04-2007 was not
genuine he challenged the validity and genuineness of resignation which
obtained by the respondent, by fraud and under threat. He remained in
service for about three years and was getting Rs. 3310/- at the time of
termination. On 27-04-2007 he was on duty, Shri Anjan Kumar Maji called
him in his office and asked him to submit resignation in writing with the
wording "Tumhare Ghar Ki halat Thiek Nehi Hain" and Ravinder Singh an
employee of factory was setting with him and on the dictation of the
Manager, Anjan Kumar he wrote a resignation letter of Suresh Kumar
after that got the signature of workman on the alleged resignation along
with the signature of Manager, Anjan Kumar Maji and Ravinder Singh.
There was no occasion to resign from service but Factory Manager
committed a fraud with him and resignation was not voluntary and obtained
with fraud. He is covered under EST Scheme and his Insurance No.
148037 and also covered under PPF Scheme. Petitioner as approached so
many times to the respondent for duty but he refused and after that he
approached Labour Commissioner but the respondent does not allow him
to perform the duty even the Labour Officer, Jammu wrote to the employer.
Resignation was not voluntarily but obtained by fraud. Therefore, being
violation of section 25-F of the I. D. Act, 1947. There was no misconduct
against him there was no charge-sheet and no inquiry was conducted against
him. Such termination is bad in the eye of law and not sustainable. No
payment of retrenchment compensation has been made. So, finally prayed
for setting aside such type of termination from services on 01-05-2007.
6. Respondent has filed the reply to the statement of claims alleging
him that statement of claim is frivolous not also maintainable it is vexation
and without any merit. It is an abuse of the process of law and based on
misleading and false allegations. In equity and in law the said cause of
action does not exit qua answering the respondent. The claim, on the short
ground is liable to be dismissed. Present dispute raised by petitioner is not
maintainable being not and industrial dispute as defined in section 2(A) of
section 2(K) of the Industrial Disputes Act because applicant of his own 4 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
submitted the resignation letter on 27-04-2007. In view of the request
received from the claimant respondent management accepted the resignation
and relieved him from the services and the claimant also received all his
dues in full and final settlement. So claim is liable to rejected. Claims being
after thought and attempt to rewind the process which has already got
concluded. After the claimant resign from his services which was accepted
by the management and the amount in full and final settlement were paid to
the petitioner. Government has made a reference to this court in mechanical
manner without application of mind. Reference does not reflect the
contention of respondent management that the claimant resigns from his
service and received his dues from the respondent. In views of the terms
of the reference as made without prejudges that the respondent management
has terminated the services of the claimant in any case not the real dispute
between the parties. As the relationship of employer and employee between
the claimant and respondent came to an end. As same has been accepted
by the claimant being correct, because claimant has approached EPF
Authority representing that he has ceased to be an employee of the
respondent and received all payment. In view of the same claim is not
maintainable and is liable to be rejected.
7. In para-wise reply stated that statement of claims is vague, after
thought, ill conceived, misconceived and are denied. It is not fact that
resignation dated 27-04-2007 is not genuine. The claim is after thought
raised all these allegation with ulterior motive to harass and extort money
from the management which cannot be under law. When the workman
has duly resigned from the service and received the all payment of
in full and final settlement including the statutory dues from the Provident
Fund Authority. He is estopped from filing the present claim. At the
time of resignation claimant was drawing the salary Rs. 2000/- per month
not 2200/- as alleged. The story put forth by the claimant is pigment of
imagination false, frivolous and fabricated. It is denied that claimant was
made to sign the resignation letter but he did not know under which
circumstances are as alleged. It is reiterated that the claimant voluntarily
on his own submitted the resignation which was duly accepted and claimant No. 24-4] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
received full and final dues pursuance of which the relation of the employer
and employee came to an end. It is not fact that manager of the factory has
procured his resignation by fraud or inducement. It is all fabricated and
frivolous story prepared by the petitioner. It is denied that services of the
claimant were ever terminated by the management. It is denied that
management has contravened any provision of law as alleged. There is no
question of issuing charge-sheet or inquiry when petitioner himself resigns
from the service.
8. The claimant also filed rejoinder to the objections alleging in that
the objections are totally wrong, baseless and therefore emphatically denied
and same may be rejected. There was no circumstances for which petitioner
have voluntarily resigned as alleged in the objections. As such resignation is
not genuine. Workman has not taken any full and final payment as alleged
by the respondent. This is fact that he has been terminated from the service.
The respondent has committed illegality when the alleged respondent took
resignation. In the rejoinder no new fact has been brought to notice but
same has been denied.
9. The claim of the petitioner as reflected in the conciliation
proceedings and projected by the petitioner are as that Factory Manager
obtained resignation on 27-04-2007 with malice mentality and with fraud as
there was no occasion for workman to give resignation. He was working
with the factory as security guard and remained in-service continuously till
termination from the service on 01-05-2007 on the ground of alleged
resignation which is not genuine and proper under law. On 27-04-2007 he
was on duty manager called him in his office and asked him to submit his
resignation with the wording "Tumhare Ghar Ke Halat Theik Nehi Hain".
This resignation was written by Ravinder Singh on the dictation of manager
of factory and after that petitioner was asked to sign which he signed.
This letter was totally wrong, illegal and not proper as it was obtained by
fraud. It was illegal retrenchment being violation of section 25-F of the
I. D. Act actually they have terminated the employee illegally. Applicant
approached so many times to Factory Manager for duty but he has not
allowed him to work. Other party submitted that employee has submitted
his resignation at his own and also obtained the full and final payment from 6 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
respondent as such the relationship of employee and employer came to an
end. So, Conciliation Officer fails to settle the matter and submitted the
failure report to the Government. The Government vide its SRO-37 dated
15th January, 2010 referred the dispute to this tribunal.
10. To prove the case of the parties they have been directed to lead
their evidence. Petitioner Suresh Kumar himself appeared in the witness
box as witness and affidavit of Shri Ravinder Singh as his witness. Whereas,
the respondent has examined Ajay Sharma witness only. It is profitable to
reproduced brief resume of statement of witness.
11. Petitioner Suresh Kumar appear as witness and stated that he
was an employee in the factory as security guard he was terminated on
01-05-2007 and at that time he was getting Rs. 4500/- per month. Out of
which 2200/- is basic rest is allowances. At the time of termination no
notices was given to him neither he was charge-sheeted or any inquiry was
conducted. When we went to duty Factory Storekeeper, Ravinder Singh
asked them that Factory Manager was saying that your gate is closed.
Factory Manager name was Anjan Kumar and Storekeeper was Arvind
Singh. Anjan Kumar asked him to sign on a blank paper and we inquired
from them, for what purpose they are getting their signature he replied that
your salary is to be raised and we have to send this paper to head office.
He is educated up to ninth standard. He has signed on the blank paper by
error. Later on, he came to know that Factory Manager has got their
resignation. Petitioner has submitted the photocopy of the resignation, original
is in the factory. ESI and EPF Scheme was already implemented. He still
unemployed having no job. On cross-examination stated that he does not
know whether any agreement was signed by him at the time of joining the
employment. He is a regular employee. He has not given any resignation
from the service. The paper which has been signed by him is purely by
fraud. No full and final payment was received by him after termination as
inquired. On 2/3 paper was signed fraudulently. He is unemployed right
now.
No. 24-4] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
12. PW Ravinder Singh has submitted his affidavit in the shape of
evidence stating in that he was permanent employee of the respondent
factory and was working on the post of store supervisor. He knows the
petitioner who was working as security guard. He joined the service 2004
and terminated in the year 2007. There was no misconduct against him. No
notice or notice pay was paid to the petitioner at the time of termination.
The respondent Factory Manager, Anjan Maji calls the petitioner in his
office and also called him in office. In his presence Factory Manager said
to the petitioner "Tumhare Ghar Ki Halat thiek Nehi Hai" give resignation.
On the direction of Factory Manager he wrote the resignation of Suresh
Kumar. Contents of resignation were not explained to the petitioner and
got his signature. On cross-examination stated that he was an actively
participating with the worker union of Reckitt Benckiser. Earlier their was
25 member of union now reduced to 10. He does not know name of the
General Secretary and right now he is President of the Union. He does not
know whether petitioner is educated or not. He wrote the resignation of the
petitioner on the direction of Anjan Kumar. At that time petitioner was not
there. Petitioner has put his signature on the resignation under pressure.
He was threatened to thrown out and got signature of petitioner on
resignation. He is having good relation with the petitioner. He has written
the resignation in the office but it was not written in the manager office.
There was no other person present in the room. Petitioner has not asked
him to write down his resignation. But it was written on the direction of
Manager. He has signed one of the resignation. Petitioner has not received
any full and final payment in his presence. He has not said to anybody that
he has written the resignation. When he has written the resignation at that
time there were 2/3 cases were pending in courts of union. When resignation
was written union was not registered.
13. On rebuttal respondent has examined only one witness namely
Ajay Kumar Sharma on affidavit. He stated that he has employed as HR
Management of the officer and so he is conversant with the facts. Claimant
Suresh Kumar who was employed with the respondent of his own submitted
the resignation letter on 27-04-2007 whereby he resign from his service.
The resignation letter dated 27-04-2007 is marked as EXMW 1/1. In view
of the request respondent accepted the resignation and relieved him from 8 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
his service and claimant also received all his dues in full and final settlement.
A copy of documents related to receipt the full and final dues is marked as
EXMW/1/2. So, the relationship of the employer and employee came to an
end. The claimant joined the employment on 01-06-2005 and was drawing
a salary of Rs. 2000/- p. m. at the time of ceasing to be employed with the
respondent. This is totally incorrect that claimant has been cheated or
unfair labour practice as alleged. This is also not correct that resignation
was obtained by fraud as alleged by the petitioner. On cross-examination
stated that he has joined Reckitt Benckiser on 01-04-2014. He has got the
appointment letter of there. He has no knowledge about the working of the
company from 2004 to 2007 but he can depose after perusal of the record.
As per record he has knowledge that Suresh Kumar joined the service in
June, 2005 and he has resigned from service in the month of April, 2007.
And on the same day resignation was accepted and acceptance letter was
given to the petitioner.
14. This is the whole some and substance of the both side evidence
which produced by them during the proceedings.
15. I have thoughtfully considered argument advanced by the
representative of the parties and had a minutes study and appreciation of
the evidence both oral as well as documentary available on the file.
16. AR for petitioner argued that the petitioner had been working as
Security Guard in the respondent establishment since 2004. He was
performing duty to the satisfaction of the respondent. Petitioner was called
by the Manager of the Factory on 27-04-2007 in his office and obtained a
resignation letter by fraud. He was terminated from the service illegally
without any or charge-sheet. Petitioner was getting Rs. 4500/- per month
at that time. The Factory Manager, Anjan Maji asked the petitioner to give
resignation and Factory Manager, directed to Shri Ravinder Singh witness
to write his resignation with the wording "Tumhare Ghar Ke Halat Thiek
Nehi Hain". Contents of resignation were not explained to the petitioner.
Resignation having been obtained on the direction of authority, Factory
Manager using his colorable power with mala fide intention must be holding No. 24-4] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
wholly illegal. Resignation when not voluntary but obtained by pressure and
force will amount to illegal termination from the service. It is well settled
principle of law that a resignation obtained by pressure or force will amount
to termination of service and resignation accepted on the same date not
convey to the petitioner is amount to illegal termination.
17. On the other hand AR for respondent stress that employee
has resigned from his service vide his letter dated 27-04-2007 to be effective
from 1st May, 2007 on his own. As requested by the claimant resignation
was accepted by the respondent and claimant also received his full and
final dues on 9th of June, 2007. Once the resignation tendered by the
claimant was accepted by the respondent and he was relieved from his
services. The relationship of employer and employee came to an end. In
case the employee raises the serious allegation that the resignation was not
submitted voluntarily but under coercion, burden shall squarely vest with
the claimant to substantiate the same and employer cannot be asked to
prove the genuineness of the resignation. Once the resignation letter
submitted by the claimant has been accepted by the management and
claimant accepted his full and final dues. The process concluded and
relationship of employer and employee came to an end.
18. This court has to return the findings within in circumscribe limits
of the term of the reference identified by the competent authority and we
are not suppose to travel beyond the terms set up for adjudication. What is
required to be settled precisely is to be finding out legality or otherwise
action of the respondent management in terminating the services of the
petitioner by the respondent is legally valid or not. In case where the action
was taken by the respondent on a resignation, whether such resignation is
voluntarily or obtained by fraud.
19. Briefly petitioner was employee of the factory which definitely
covered under section 2 (s) of Industrial Disputes Act, 1948 and parties
have not disputed on this point. The grievances of the petitioner is as that
while he was on duty and called by the Manager, Anjan Maji in his office in
presence of one Ravinder Singh and obtained his resignation by fraud, 10 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
forcefully. As per petitioner he was on duty and calls Anjan Maji through
Ravinder Singh and got his signature on a blank paper. At that time it was
not written, got his signature with the impression that this paper it is to be
sent the head office for enhancement of his salary. So, he signs the paper.
Later on, he came to know that he has signed on a resignation which is not
voluntarily at all. He was regular employee of the organization and he has
not received and full and final payment from the factory as alleged. Manager
has got his signature by fraud. On the perusal of petitioner evidence only
one PW Ravinder Singh appeared and who has supported the version of
the petitioner who admitted in his deposition before the court that petitioner
has signed the resignation under pressure. In his cross-examination stated
that petitioner was also threatened to thrown outside. In case he will not
sign. He has also denied about full and final, payment to the petitioner. So
from the evidence of petitioner it comes clear that resignation has been
obtained under pressure and under threat. PW Ravinder Singh who is the
author of the resignation himself admitted that resignation was taken under
pressure and under threat, through respondent has not sought any explanation
with regard to under pressure so there is no option but to rely on the deposition
of witness who is otherwise not a discreditable. So far evidence adduced
by the respondent is concerned only one RW Ajay Kumar Sharma who has
recently joined the factory. He has no knowledge about the working of the
factory of that relevant time. So in nutshell respondents have not examined
any other PW who can rebut the claim of the petitioner.
20. An other plea raised by the respondent that petitioner has received
full and final payment of his dues from the factory, but also withdraw his
PF amount before filing this case. But when there is convincing evidence
on record indicating that the resignation was procured by the management
and not voluntarily submitted by the employee, withdrawal of employment
will not come in way. Provident Fund is the money of employee it can be
withdrew at any time. In support of my contention I have laid my hand on
an authority of Kalkata High Court (DB) 2013 LLR 1247. It has been held,
withdrawal of Provident Fund dues by the employee has no force in view No. 24-4] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
of the evidence on record indicating suspicious in procuring the resignation
from the employee by the management by force.
21. Petitioner claims that his resignation was procured by the
management under pressure and burden of proof lies on him. He himself as
well as PW's stated in clear words that resignation was obtained under
pressure so he has proved beyond any doubt that resignation was not
voluntarily. It was not written when his signature was taken. He is poor
fellow, it is possible he has signed on blank paper as deposed by him as well
as his witness.
22. There is nothing on record which shows that he has received full
and final payment of his dues, respondent have also not adduced any
evidence in this regard. Through there is a photocopy of receipt of
Rs. 6,000/- dated 09-06-2007 but there is noting mentioned. Whether it is a
good will gesture or one month pay or it is total leave salary gratuity etc.
because as per record he has completed 240 days in a calendar year so
receipt is a photocopy vague neither same has been prove by the respondent.
As such it is not admissible under evidence Act. So far authorities submitted
by the respondents are of different circumstances cases. As such same
are not applicable here.
23. In view of the above, resignation obtained by the management
from the petitioner dated 27-04-2007 is not a voluntarily. He was on duty
under pressure resignation was got signed from him. As such termination
of the petitioner by the respondent is illegal invalid. Therefore, the
termination of the petitioner respondent management is hereby set aside
and respondent is directed to reinstate the petitioner forthwith. Admittedly
petitioner has rendered the services for more than 240 days in a calendar
years has required. There is nothing sustainable accepting the averment
that petitioner had resigned from the service on his own.
24. So far as back wages in question is concerned, I realized that
admittedly as come in their evidence that they remains unemployed during
the pendency of the case. It is well settled and it is necessary to consider 12 The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the facts and circumstances of the each case before granting back wages.
On this point I relied on judgement of Hon'ble Bombay High Court 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 petitioner to
pay 50% back wages. I am inclined duce 50% also for the reasons
that admittedly, the respondent never rendered services during
this period with the petitioner. The reduction to 50% back wages
in my opinion is proper and reasonable compensation.
25. This is a case where petitioners have been terminated illegally in
the year 2007 and matter is long pending and they have not work with the
factory. So, I think to grant full back wages without work is not proper
justify for a long period, but this is also correct that workers have not work
during this period anywhere. As it have been come in the petitioners evidence
which remain unrebutted by other side. Keeping in mind facts and
circumstances of the case respondent is hereby directed to pay 50% back
wages from the date of termination till reinstatement. Accordingly an award
is passed in favour of the petitioners and against the respondent No. 24-4] The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
management. 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 :
16-07-2015.
(Sd.) ZUBAIR AHMAD RAZA,
District and Sessions Judge (Presiding Officer), Industrial Tribunal-cum-Labour Court, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Srinagar, Thu., the 8th Oct., 2015/16th Asv., 1937. [No. 28-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– –––––
PART III
Laws, Regulations and Rules passed thereunder.
———– JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY
SECRETARIAT, SRINAGAR
Under Rule 64 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, the following Bill together with the Statement of Objects and Reasons, is published in an extraordinary issue of the Government Gazette.
By order of the Hon'ble Speaker.
(Sd.) M. RAMZAN,
Secretary.
————
2 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
THE JAMMU AND KASHMIR LEGAL SERVICES
AUTHORITIES (AMENDMENT) BILL, 2015.
[L. A. Bill No. 7 of 2015.]
A Bill to amend the Jammu and Kashmir Legal Services
Authorities Act, 1997.
Be it enacted by the State Legislature in the Sixty-sixth Year of
Republic of India as follows :––
1. Short title and commencement.––(1) This Act may be called
the Jammu and Kashmir Legal Services Authorities (Amendment)
Act, 2015.
(2) It shall come into force from the date of its publication in
the Government Gazette.
2. Amendment of section 3, Act No. XXXIII of 1997.––In section
3 of the Jammu and Kashmir Legal Services Authorities Act, 1997
(hereinafter referred to as 'the principal Act'), sub-section (3) shall be
substituted by the following, namely :––
"(3) The Government may, in consultation with Chief Justice
of the High Court, appoint a person belonging to the Higher
Judicial Service, not lower in rank than that of a District Judge,
as the Member-Secretary of the State Legal Services Authority,
to exercise such powers and perform such duties under the
Executive Chairman of the State Authority as may be
prescribed by the Government or as may be assigned to him
by the Executive Chairman of the State Authority."
3. Repeal and saving.––(1) The Jammu and Kashmir Legal
Service Authorities (Amendment) Ordinance, 2015 (Ordinance No. 1
of 2015) is hereby repealed.
No. 28-1] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) Notwithstanding such repeal, anything done, any order issued
or any action taken under the said Ordinance shall and shall always
be deemed to have been done, issue or taken, as the case may be,
under the provisions of this Act.
–––––––
4 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— STATEMENT OF OBJECTS AND REASONS
Sub-section (3) of section 3 of the Jammu and Kashmir Legal
Services Authorities Act, 1997 provides that Commissioner/Secretary to
Government, Law Department shall be Ex-officio Member-Secretary of
the State Legal Service Authority. It has been felt necessary that the
post of Member-Secretary of the State Legal Services Authority should
be held by a Judicial Officer in order to keep a focused attention towards
the schemes being implemented for providing legal aid to poor and
marginalized sections of the society. Also in the recently held Conference
of Chief Minister's and the Chief Justice's of the High Courts, it was
resolved that the post of Member-Secretary of State Legal Service
Authority. Accordingly, Ordinance No. 1 of 2015 was promulgated for
amending sub-section (3) of section 3 of the Jammu and Kashmir Legal
Services Authorities Act, 1997 providing for appointment of a Judicial
Officer not lower in rank than that of a District Judge as Member-
Secretary of the authority. The said Ordinance is now required to be
replaced by an Amendment Act.
Hence the Bill.
MINISTER FOR
LAW, JUSTICE AND PARLIAMENTARY AFFAIRS.
––––––––
No. 28-1] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— STATEMENT NECESSITATING THE PROMULGATION OF
ORDINANCE
In view of the resolution passed during the Chief Ministers' of
States and Chief Justices' of the High Courts conference held at New
Delhi, it was felt necessary that the post of Member-Secretary of the
State Legal Service Authority should be held by a Judicial Officer in
order to keep a focused attention towards schemes being implemented
for legal aid for poor and marginalized sections of society. Accordingly,
Ordinance No. 1 of 2015 titled the Jammu and Kashmir Legal Services
Authorities (Amendment) Ordinance, 2015 was promulgated.
MINISTER FOR
LAW, JUSTICE AND PARLIAMENTARY AFFAIRS.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Srinagar, Thu., the 8th Oct., 2015/16th Asv., 1937. [No. 28-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY
SECRETARIAT, SRINAGAR
Under Rule 64 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, the following Bill together with the Statement of Objects and Reasons, is published in an extraordinary issue of the Government Gazette.
By order of the Hon'ble Speaker.
(Sd.) M. RAMZAN,
Secretary.
————
2 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
THE JAMMU AND KASHMIR PRIVATE SECURITY
AGENCIES (REGULATION) BILL, 2015.
[L. A. Bill No. 8 of 2015.]
A Bill to provide for the regulation of private security agencies
operating in the State of Jammu and Kashmir and for the matters
connected therewith or incident thereto.
Be it enacted by the State Legislature in the Sixty-sixth Year of
the Republic of India as follows :––
1. Short title and commencement.––(1) This Act may be called
the Jammu and Kashmir Private Security Agencies (Regulation)
Act, 2015.
(2) It shall come into force on such date as the Government may,
by notification in the Government Gazette, appoint.
2. Definitions.––(1) In this Act, unless the context otherwise
requires,––
(a) "Act" means the Jammu and Kashmir Private Security
Agencies (Regulation) Act, 2015 ;
(b) "controlling authority" means the controlling authority
appointed under sub-section (1) of section 3 ;
(c) "Government" means the Government of Jammu and
Kashmir ;
(d) "licence" means a licence granted under section 6 of
the Act ;
(e) "notification" means a notification published in the
Government Gazette ;
(f) "prescribed" means prescribed by rules made under
this Act ;
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(g) "private security" means security provided by a person or
agency, other than a Government agency, department or
organization, to protect or guard any person or property
or both ;
(h) "private security agency" means a person or body of
persons, other than a Government agency, department or
organization, engaged in the business of providing private
security services including training to private security guards
or their supervision or providing private security guards to
any industrial or business undertaking or a company or any
other person or property ;
(i) "private security guard" means a person providing private
security, with or without arms, to another person or property
or both and includes a supervisor ;
(j) "Schedule" means the Schedule appended to the Act ;
(k) "State" means the State of Jammu and Kashmir.
3. Appointment of controlling authority.––(1) The Government
shall, by notification, designate an officer not below the rank of Special
Secretary to the Government to be the controlling authority for the
purposes of the Act.
(2) The Government may, for efficient discharge of functions
by the controlling authority, provide it with such other officers and staff
as the Government considers necessary.
4. Licence.––(1) No person shall carry on or commence the
business of private security agency, unless he holds a licence issued
under the Act :
Provided that any person carrying on the business of private
security agency, immediately before the commencement of the Act, may 4 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
continue to do so for a period not exceeding six months from the date
of such commencement and if he has made an application for such
licence within the said period of six months, he may continue it for
a further period of three months or till the disposal of such application
whichever be earlier.
(2) An application for issuance of a licence under the Act shall
be considered only after due verification of the character and
antecedents of the applicant.
5. Persons not entitled for licence.––(1) A person shall not be
entitled for a licence under this Act, if he––
(a) has been convicted of an offence of fraud or misfeasance
committed by him in connection with promotion, formation
or management of a company ;
(b) is an undischarged insolvent ;
(c) has been convicted by a competent court for an offence
punishable with imprisonment of not less than two
years ;
(d) is keeping links with any organization or association which
is banned under any law on account of their activities which
pose threat to security of the State, national security or
public order or there is information about such a person
indulging in activities which are prejudicial to national
security or public order ; or the security of the
State ;
(e) has been dismissed or removed from Government service
on grounds of misconduct or moral turpitude ; or
(f) is not a permanent resident of the State.
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (2) A company, firm or association of persons shall not be entitled
for a licence under the Act, unless––
(a) it is registered in the State of Jammu and Kashmir under
the law in force in the State for such registration ; and
(b) its proprietor or majority of its shareholders or partner or
its director is (are) permanent resident(s) of the State.
6. Application for grant of licence.––(1) An application for
grant of licence to a private security agency shall be made to the
controlling authority in such form as may be prescribed.
(2) Every application under sub-section (1) shall be
accompanied by––
(a) an affidavit in relation to the provisions of section 5 ;
(b) an undertaking to ensure the availability of training facilities
for its private security guards and supervisors required
under sub-section (2) of section 8 ;
(c) information about fulfillment of conditions laid down under
section 10 ;
(d) information regarding cases registered in a police station
or pending in a court of law involving the applicant ; and
(e) a fee of rupees––
(i) five thousand, if the private security agency is operating
in one district of the State ;
(ii) ten thousand, if the agency is operating in more than
one but up to five districts of the State ; and
(iii) twenty thousand, if it is operating in the whole State.
6 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (3) On receipt of an application under sub-section (1), the
controlling authority may, after making such inquiries as it considers
necessary and obtaining no objection certificate from the concerned
police authority, by order in writing, either grant a licence or refuse
to grant the same within a period of sixty days from the date of receipt
of application with complete particulars and the prescribed fee :
Provided that no order of refusal shall be made unless––
(a) the applicant has been given a reasonable opportunity of
being heard ; and
(b) the grounds on which licence is refused are mentioned in
the order.
(4) A licence granted under this section––
(a) shall be valid for a period of three years unless the same
is cancelled under sub-section (1) of section 12 ;
(b) may be renewed from time to time after the expiry of three
years, for a further period of three years on payment of
such fee as may be prescribed but which shall not be less
than the fees specified under clause (e) of sub-section (2)
of section 6 ; and
(c) shall be subject to such conditions as may be prescribed.
7. Renewal of licence.––(1) An application for renewal of licence
shall be made to the controlling authority, not less than sixty days before
the date of expiry of the period of validity thereof, in such form as
may be prescribed and shall be accompanied by the requisite fee and
other documents required under sections 5, 6 and 10 of the Act.
(2) The controlling authority shall pass an order on application for
renewal of licence within sixty days from the date of receipt of
application complete in all respects.
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (3) On receipt of an application under sub-section (1), the
controlling authority may, after making such inquiries as he considers
necessary and by order in writing, renew the licence or refuse to renew
the same :
Provided that no order of refusal shall be made except after giving
the applicant a reasonable opportunity of being heard.
8. Conditions for commencement of operation and engagement
of supervisors.––(1) A private security agency shall, within six months
of obtaining the licence, commence its activities.
(2) The private security agency shall ensure imparting of such
training and skills to its private security guards and supervisors as may
be prescribed :
Provided that the person carrying on the business of private
security agency, before the commencement of the Act, shall ensure
the required training to its security guards and supervisors within a
period of one year from the date of such commencement.
(3) Every private security agency shall, within sixty days from
the date of issue of the licence, employ such number of supervisors,
as may be prescribed.
(4) A private security agency shall not employ or engage a
person as a supervisor unless he fulfils the conditions specified in
sub-section (1) of section 9.
9. Eligibility to be a private security guard.––(1) A private
security agency shall not employ or engage any person as a private
security guard unless he––
(a) is a permanent resident of the State ;
(b) has completed eighteen years of age but has not attained
the age of sixty five years ;
8 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (c) satisfies the agency about his character and antecedents
in such manner as may be prescribed ;
(d) has completed the prescribed security training successfully
or completes the same within one year of his
engagement ;
(e) fulfils such physical standards as may be prescribed ; and
(f) satisfies such other conditions as may be prescribed.
(2) No person who has been convicted by a competent court or
who has been dismissed or removed on grounds of misconduct or moral
turpitude while serving in any of the armed forces of the Union,
State Police, Organizations, Central or State Governments or in any
private security agency shall be employed or engaged as a private
security guard or supervisor.
(3) A private security agency may, while employing a person as
a private security guard, give preference to a person who has served
as a member in one or more of the following, namely :––
(i) Army ;
(ii) Navy ;
(iii) Air Force ;
(iv) Any other armed forces of the Union ;
(v) Police, including armed constabularies of the State,
SPO's ; and
(vi) Home Guards.
10. Conditions of licence.––The Government may, by notification,
prescribe the conditions for grant of licence under the Act and such No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— conditions shall include requirements as to the training which the licensee
is to undergo, details of the person or persons forming the agency,
obligation as to the information to be provided from time to time to
the controlling authority regarding any change in their address, change
of management and also about any criminal charge made against them
in the course of their performance of duties of the private security
agency or as the case may be, a private security guard employed or
engaged by them.
11. Licence to be exhibited.––A private security agency shall
exhibit its licence or copy thereof in a conspicuous place of its business.
12. Cancellation and suspension of licence.––(1) The
controlling authority may cancel any licence on any one or more
of the following grounds, namely :––
(a) that the licence has been obtained by misrepresentation
or suppression of material facts ;
(b) that the licence holder has used false documents or
photographs ;
(c) that the licence holder has violated the provisions of the
Act or the rules made thereunder or any of the conditions
of the licence ;
(d) that the licence holder has misused information obtained
by him during the discharge of his duties as the
private security agency to any industrial or business
undertaking or a company or any other person ;
(e) that the licence holder by using any letter head,
advertisement or any other printed matter or in any
other manner represented that the private security
agency is an instrumentality of the Government or such
agency is or has been using a name different from that
for which licence has been granted ;
10 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(f) that the licence holder is or has been impersonating or
permitting or aiding or abetting any body to impersonate
as a public servant ;
(g) that the private security agency had failed to commence
its activities or to engage a supervisor within the specified
time period ;
(h) that the licence holder is or has wilfully failed or refused
to render the services agreed to any person ;
(i) that the licence holder has done any act which is in violation
of a court order or an order of a lawful authority or is
or has been advising, encouraging or assisting any person
to violate any such order ;
(j) that the licence holder has violated the provisions of the
laws mentioned in the schedule which may be modified by
the Government from time to time by notification in the
Government Gazette ;
(k) that there have been repeated instances when the private
security guard or guards provided by the private security
agency––
(i) failed to provide private security or were guilty of gross
negligence in not providing such security ;
(ii) committed a breach of trust or misappropriated the
property or a part thereof which they were supposed
to protect ;
(iii) were found habitually drunk or indisciplined ;
(iv) were found to be involved in committing crimes ; or
(v) had connived or abetted a crime against the person
or property placed under their charge ; or No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(l) that the licence holder has done any act which poses a
threat to national security or the security of the State, or
did not provide assistance to the police or other authority
in the discharge of its duties or acted in a manner prejudicial
to security of the State or public order or law and order.
(2) Where the controlling authority, for reasons to be recorded in
writing, is satisfied that pending the question of cancellation of licence
on any of the grounds mentioned in sub-section (1), it is necessary to
do so, it may, by order in writing, suspend the operation of the licence
for such period not exceeding thirty days as may be specified in the
order and require the licence holder to show cause, within fifteen days
from the date of issue of such order, as to why the suspension of the
licence should not be extended till the determination of the question of
cancellation.
(3) Every order of suspension or cancellation of a licence shall
be in writing and shall specify the reasons for such suspension
or cancellation and a copy thereof shall be communicated to
the person affected.
(4) No order of cancellation of licence under sub-section (1) shall
be made unless the person concerned has been given a reasonable
opportunity of being heard.
13. Appeals.––(1) Any person aggrieved by an order of the
controlling authority refusing the licence under sub-section (3) of
section 6 or renewal under sub-section (3) of section 7 or order of
suspension of licence under sub-section (2) of section 12 or cancellation
of licence under sub-section (1) of that section, may prefer an
appeal against that order to the Administrative Secretary of the
Home Department, within a period of sixty days of the date of such
order :
Provided that an appeal may be admitted after the expiry of the
said period of sixty days if the appellant satisfies the appellate authority 12 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
that he had sufficient cause not for preferring the appeal within that
period.
(2) Every appeal under sub-section (1) shall be made in such form
as may be prescribed and shall be accompanied by a certified copy
of the order appealed against.
(3) Before disposing of an appeal, the appellate authority shall give
the appellant a reasonable opportunity of being heard.
14. Register to be maintained by a private security agency.–
(1) A private security agency shall maintain a register containing––
(a) the names and addresses of the persons managing the
private security agency ;
(b) the names, addresses, photographs and salaries of the
private security guards and supervisors under its control
including the name and particulars of the Scheduled Bank
through which such salary is disbursed ;
(c) the names and addresses of the persons whom it has
provided private security guards or services ; and
(d) such other particulars as may be prescribed.
(2) The controlling authority may call for such information as it
considers necessary from any private security agency, supervisor
or private security guard to ensure due compliance of the Act.
15. Inspection of licensee, etc.––The controlling authority or
any other officer authorized by it in this behalf may at any reasonable
time, enter the premises of the private security agency and inspect and
examine the place of business, the records, accounts and other
documents connected with the licence and may take copy of any
document.
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
16. Issue of photo identity card.––(1) A private security guard
and supervisor shall be issued a photo identity card by the private security
agency employing or engaging the guard.
(2) The photo identity card under sub-section (1) shall be issued
in such form as may be prescribed.
(3) A private security guard or supervisor shall carry on his person
the photo identity card issued under sub-section (1) and shall produce
it on demand for inspection by the controlling authority, a police officer
or any other officer authorized by the controlling authority in this
behalf.
17. Disclosure of information to unauthorized persons.––(1)
Any person who is or has been employed or engaged as a private
security guard or supervisor by any private security agency shall not
divulge to anyone other than the employer, or in such manner and to
such person as the employer directs, any information acquired by him
during such employment with respect to the work which he has been
assigned by such employer, except such disclosure as may be required
under the Act or in connection with any inquiry or investigation by the
police or as may be required by any authority or process of law.
(2) All private security guards and supervisors of a private security
agency shall render necessary assistance to the police or to any other
authority in the process of any investigation pertaining to the activities
of that agency.
(3) If violation of any law is noticed by any private security guard
or supervisor during the course of discharge of his duties, he shall
bring it to the notice of his superior, who in turn shall inform the
police either through his employer or agency or on his own at the
earliest.
18. Delegation.––The Government may, by notification, direct
that any power or function, except the powers to make rules under 14 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— section 26, which may be exercised or performed by it, or which may
be exercised or performed by the controlling authority under the Act,
may, in relation to such matter and subject to such conditions, as may
be specified in the notification, be also exercised or performed by such
officer or authority subordinate to the Government or to the controlling
authority, as may be specified in such notification.
19. Punishment for contravention of certain provisions.––
(1) Any person who contravenes the provisions of section 4 shall be
punishable with imprisonment for a term which may extend to one
year, or with fine of not less than ten thousands rupees but which may
extend to twenty-five thousand rupees, or with both.
(2) Any person or private security agency who contravenes the
provisions of sections 8, 9 or 11 of the Act, shall be punishable with
a fine of not less than five thousand rupees but which may extend
to twenty-five thousand rupees, in addition to suspension or cancellation
of the licence.
20. Penalty for unauthorized use of certain uniforms.––If any
private security guard or supervisor wears the uniform of army, air
force, navy or any other armed forces of the Union or police or any
dress having the appearance or bearing any of the distinctive marks
of that uniform, he and the proprietor of the private security agency
shall be punishable with imprisonment for a term which may extend
to one year or with fine which may extend to ten thousand rupees,
or with both.
21. Offences by companies.––(1) Where an offence under the
Act is committed by a company, every person who at the time of
commission of the offence was in charge of, and was responsible to,
the company for the conduct of the business of the company as well
as the company, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished under the Act :
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
any offence under the Act has been committed by a company and
it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation :––For the purposes of this section––
(a) "company" means any body corporate and includes a firm
or other association of individuals ; and
(b) "director", in relation to a firm, means a partner in the
firm.
22. Offences by whom triable.––Offences punishable under the
Act shall be triable by a Judicial Magistrate of the First Class having
jurisdiction in the place where the offence is committed.
23. Offences to be cognizable.––Every offence under this Act
shall be cognizable within the meaning of the Code of Criminal
Procedure, Samvat 1989.
24. Previous sanction of the controlling authority necessary
in certain cases.––No prosecution shall be instituted against any person
in respect of offences under sections 4, 8, 9 and 21, without the previous
sanction of the controlling authority.
25. Indemnity.––No suit, prosecution or other legal proceeding shall
lie against the controlling authority or any other officer authorized by
it in respect of anything done or intended to be done in good faith
under the Act.
16 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— 26. Power of Government to make rules.––(1) The Government
may, by notification in the Government Gazette, make rules for carrying
out the provisions of the Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :––
(a) the form of an application for grant of licence under
sub-section (1) of section 6 ;
(b) the form in which the licence to be granted under
sub-section (4) of section 6 and conditions subject to which
such licence to be granted under section 10 ;
(c) the form of an application for renewal of licence
under sub-section (1) of section 7 ;
(d) the number of supervisors to be employed under
sub-section (3) of section 8 ;
(e) the procedure for verification of character and antecedents
under clause (c) of sub-section (1) of section 9 ;
(f) the type of training under clause (d) of sub-section (1) of
section 9 ;
(g) the physical standard under clause (e) of sub-section (1)
of section 9 ;
(h) other conditions under clause (f) of sub-section (1) of
section 9 ;
(i) the form under sub-section (2) of section 13 for preferring
an appeal ;
(j) particulars to be maintained in a register under sub-
section (1) of section 14 ;
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (k) the form in which photo identity card under
sub-section (2) of section 16 be issued ;
(l) any other matter which is required to be, or may be,
prescribed.
27. Repeal and saving.––(1) The Jammu and Kashmir Private
Security Agencies (Regulation) Ordinance, 2015 (Ordinance No. II
of 2015) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
or any order issued under the aforesaid Ordinance, shall be deemed
to have been done, taken or issued under the corresponding provisions
of this Act.
–––––––
18 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— SCHEDULE
[See section 12(1)(J)]
(1) The Payment of Wages Act, 1936 (Central Act No. 4 of 1936).
(2) The Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).
(3) The Minimum Wages Act, 1948 (Central Act No. 11 of 1948).
(4) The Jammu and Kashmir Employees Provident Funds
(and Miscellaneous Provisions) Act, 1961 (Act No. XV of 1961).
(5) The Payment of Bonus Act, 1965 (Central Act No. 21 of 1965).
(6) The Contract Labour (Regulation and Abolition) Act, 1970 (Central
Act No. 37 of 1970).
(7) The Payment of Gratuity Act, 1972 (Central Act No. 39 of 1972).
(8) The Equal Remuneration Act, 1976 (Central Act No. 25 of 1976).
(9) The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 (Central Act No. 30 of 1979).
–––––––
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— STATEMENT OF OBJECTS AND REASONS
The Bill aims at providing a legal framework for regulating the
functioning of the private security agencies including their licencing
delicencing etc.
With the expansion of economy in the Country, a large number
of private business enterprises have come up in the State which has
increased the demand for security, resulting in proliferation of private
security agencies. Although, these private security agencies have helped
in meeting the security needs, yet their unregulated activities can have
serious security implications.
Therefore, there is a need to have a law for regulating the
functioning of these private security agencies.
Yours faithfully,
CHIEF MINISTER
MINISTER INCHARGE HOME.
––––––––
20 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— STATEMENT NECESSITATING THE PROMULGATION
OF ORDINANCE
1. The Government of India enacted the Private Security Agencies
(Regulation) Act, 2005. While enacting this law, the Government of
India requested the State/Union Territories Governments to give wide
publicity to the contents of the said law and establish the requisite
framework as prescribed in order to make the above law operational.
The aforesaid Act, is however, not applicable to the State of Jammu
and Kashmir.
2. The Jammu and Kashmir Private Security Agencies (Regulation)
Bill, 2013 introduced in the Budget Session, 2013 of the State Legislature
lapsed with completion of the term of the Eleventh Legislative Assembly.
3. Since the Legislature was not in session and considering that
the enactment of a related law in the State had got inordinately delayed
and the advice of the Central Government for implementing the law
in the State, it was felt expedient to bring out legislation on the subject
through an Ordinance.
4. The Jammu and Kashmir Private Security Agencies (Regulation)
Ordinance, 2015 (Ordinance No. II of 2015) notified in the Government
Gazette on 31st August, 2015 provides for the regulation of Private
Security Agencies which are in operation in the Jammu and Kashmir
and for the matter connected therewith or incidental thereto.
5. A Bill titled The Jammu and Kashmir Private Security Agencies
(Regulation) Ordinance, 2015 has been introduced in the State
Legislature to replace the said Ordinance.
CHIEF MINISTER
MINISTER INCHARGE HOME.
––––––––
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— MEMORANDUM REGARDING DELEGATED
LEGISLATION
Section 26 of the proposed Bill provides for making rules for
carrying out the provisions of the Ordinance.
Power to frame Rules/Regulations under an enactment of the State
Legislature by means of Delegated Legislation/Subordinate Legislation
is in the exclusive domain of the Government. The Government can
make rules for carrying out the object/purposes of the enactment under
section 26 of the Bill referred to above.
CHIEF MINISTER
MINISTER INCHARGE HOME
––––––––
22 The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. [No. 28-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— FINANCIAL MEMORANDUM
The Jammu and Kashmir Private Security Agencies (Regulation)
Bill, 2015.
The sub-section (1) of section 3 of the proposed Bill envisages
designation of an officer not below the rank of Special Secretary to
Government to be the controlling authority for the purpose of this
Ordinance. Further, sub-section (2) of section 3 stipulates provision of
staff for the office of the controlling authority, to enable it to discharge
its functions efficiently. Accordingly, it has been envisaged that the
charge of the controlling authority would be assigned to one of the
officers in the Home Department, not below the rank of Special
Secretary. Further, certain subordinate staff is required as per the details
at Annexure, involving financial implication of about Rs. 4.75 lakh.
CHIEF MINISTER
MINISTER INCHARGE HOME.
––––––––
No. 28-2] The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— RECOMMENDATION OF THE GOVERNOR
The Governor has in pursuance of sub-section (1) and (3) of
Section 84 of the Constitution of Jammu and Kashmir recommended to the
Jammu and Kashmir Legislative Assembly the introduction and
consideration of the Bill.
(Sd.) M. RAMZAN,
Secretary.