THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART

I-A- Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B- Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART II-A- Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART

II-B- Notifications, Notices and Orders by Heads

of Departments, Provincial Heads, Magistrates

and other officers competent to issue public

notices under any law or rule.....

PART

II-C- Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV- Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V- Information and Statistics ....

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

(b) Rates and wages ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Government Press, Srinagar.

280-286

347-354

59-60

405-408

123-124

153-156

PART I-A

Jammu & Kashmir Government–Orders.

––––––––

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.

––––––

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.

––––––––

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

280 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

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.

––––––––

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.

–––––––

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.

––––––––

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 281

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

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.

––––––––

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.

––––––––

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

282 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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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.

––––––––

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.

––––––––

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.

––––––––

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 283

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

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

284 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

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.

––––––––

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.

––––––––

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.

––––––––

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 285

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

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.).

286 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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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

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 I—B

Jammu and Kashmir Government—Notifications.

examination

for

the

posts

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

348 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

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.

———

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 :—

Mr. B. R. Sharma, IAS,

Chairman

Chief Secretary, J&K

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 349

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

Mr. B. B. Vyas, IAS,

Member

Principal Secretary to

the Chief Minister

Mr. Rakesh Kumar

Member

Gupta, IAS, Principal

Secretary to the

Government, Department

of Forest, Environment

and Ecology

Mr. Navin Kumar

Member

Choudhary, IAS,

Commissioner/Secretary

to the Government,

Finance Department

Mr. Gazzanfer Hussain

Member-Secretary

IAS, Commissioner/

Secretary to the

Government, General

Administration

Department

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

350 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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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

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

—————————————————————————–––––—

S/Shri

Yoginder Kaul, IPS (SPS-94),

Inspector General of Police, IRP, Jammu.

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 351

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

Nisar Ahmed, IPS (SPS-99),

Deputy Inspector General of

Police, Doda-Kishtwar-Ramban, Hq., Batote.

Laeeq Ahmed Dar, Chief Prosecuting Officer,

Security Headquarters, J&K.

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

—————————————————————————–––––—

352 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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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.

————

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 353

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

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

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

separate compilation.

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

PART II––A

Orders by Heads of Departments.

–––––––

CHARGE REPORTS

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.

————

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.

———

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––B

Notifications, Notices and Orders by the Heads of Departments.

———

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

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

—————————————————————————————

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.

———

406 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

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

No. 30] The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. 407

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

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.

408 The J&K Govt. Gazette, 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Srinagar, Thu., the 22nd Oct., 2015/30th Asv., 1937. [ No. 30

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

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separate compilation.

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

ADVERTISEMENTS–C

––––––

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.

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 20th Aug., 2015/29th Srav., 1937. [No. 21-b

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

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separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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.

––––––

The J&K Govt. Gazette, 20th Aug., 2015/29th Srav., 1937.

[No. 21-b

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

Annexure to the Notification SRO-278 dated 20-08-2015.

Name of item

Quantity

No.

(in Nos.)

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

Fattey 4x6 for stage

100

Base stage

300

Cross stage

220

Stand stage

Chair Plastic

2000

Sofa sets

Table

200

Pillars

100

Bamboo

1000

10.

Rassi

Loose

11.

Tripal

12.

Pipes

1000

13.

Halogen Lamp (500 Watt.)

400

14.

Beam Par

15.

Kanaat

300

16.

Pardey

350

17.

Matt

500

No. 21-b] The J&K Govt. Gazette, 20th Aug., 2015/29th Srav., 1937.

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

18.

Dariyaan

100

19.

Ceiling Fans

20.

Cloth Loose

Loose

(Sd.) BHARAT SINGH, KAS,

Deputy Secretary to Government,

Finance Department.

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

The J&K Govt. Gazette, 20th Aug., 2015/29th Srav., 1937.

[No. 21-b

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

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Mon., the 24th Aug., 2015/2nd Bhad., 1937. [No. 21-d

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separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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.

–––––––

The J&K Govt. Gazette, 24th Aug., 2015/2nd Bhad., 1937. [No. 21-d

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

Annexure-II

Survey

S. No.

District

Tehsil

Village

Khasra Nos.

Area

Nature of Property

Remarks

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

K. M. Sft.

Jammu

Budsoo

207 Min

01––05––00

Mosque

00––05––00

Darasgah

–––––––––––

Total

01––10––00

––––––––––

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

Special Officer, Auqaf,

J&K, Srinagar.

–––––––

No. 21-d] The J&K Govt. Gazette, 24th Aug., 2015/2nd Bhad., 1937.

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

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”

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Wed., the 26th Aug., 2015/4th Bhad., 1937. [No. 21-i

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separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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.

–––––––

The J&K Govt. Gazette, 26th Aug., 2015/4th Bhad., 1937.

[No. 21-i

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

Annexure-II

Survey

S. No.

District

Tehsil

Village

Khasra Nos.

Area

Nature of Property

Remarks

K. M. Sft.

Jammu

Nagrada

343

01––01––00

Masjid Sharief

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

Special Officer, Auqaf,

J&K, Srinagar.

–––––––

No. 21-i] The J&K Govt. Gazette, 26th Aug., 2015/4th Bhad., 1937.

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

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Mon., the 31st Aug., 2015/9th Bhad., 1937. [No. 22-f

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separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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.

–––––––

The J&K Govt. Gazette, 31st Aug., 2015/9th Bhad., 1937. [No. 22-f

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

Annexure-II

S. No.

District

Tehsil

Village

Khasra No.

Area

Nature of Property

Remarks

K. M. Sft.

Jammu

Barn

1417

170––16––00

Graveyard

–––––––––––

Total

170––16––00

––––––––––––

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

Special Officer, Auqaf,

J&K Government.

–––––––

No. 22-f] The J&K Govt. Gazette, 31st Aug., 2015/9th Bhad., 1937.

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

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Wed., the 16th Sept., 2015/25th Bhad., 1937. [No. 24-k

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separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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.

–––––––

The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937. [No. 24-k

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

Annexure-II

Survey Land Statement for Notification as J&K Wakaf Property

S. No.

District

Tehsil

Village

Khasra Nos.

Area

Nature of Property

Remarks

K. M. Sft.

Budgam

Chadoora

420 min

04––10––00

Jamia Masjid with compound

do.

485

06––17––00

Banjer Land

–––––––––––

Total

11––07––00

––––––––––––

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.

Hence submitted along with Annexure I for further notification and publication in Government Gazette.

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

Special Officer, Auqaf,

J&K Government.

–––––––

No. 24-k] The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937.

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

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Wed., the 16th Sept., 2015/25th Bhad., 1937. [No. 24-l

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separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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.

–––––––

The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937. [No. 24-l

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

Annexure-II

S. No.

District

Tehsil

Village

Khasra No.

Area

Nature of property

Remarks

K. M. Sft.

Jammu

Jajjar Kotli

01––06––00

Takia Baba Barkat Ali Shah

04––06––00

Akhara Barkat Ali Shah

05––00––00

Graveyard

–––––––––––

Total

10––12––00

––––––––––––

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

Special Officer, Auqaf,

J&K Government.

–––––––

No. 24-l] The J&K Govt. Gazette, 16th Sept., 2015/25th Bhad., 1937.

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 10th Sept, 2015/19th Bhad., 1937. [No. 24-2

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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

Regional Director, E. S. I. Corporation, 10-B, Radha Bhawan, Shastri

Nagar, Jammu.

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

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2

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

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

No. 24-2]

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937.

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

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

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2

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

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—

Municipal Limits of Jammu City ;

ii.

Cantonment Limits of Jammu Cantt. ;

iii.

______________________________ ;

iv.

______________________________ ;

Gangyal.

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,

No. 24-2]

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937.

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

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

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937. [No. 24-2

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

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.

No. 24-2]

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937.

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

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

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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.”

No. 24-2]

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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.

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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

_______

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.

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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

No. 24-4]

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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

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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.

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.

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

No. 24-4]

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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.

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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

No. 24-4]

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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

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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,

No. 24-4]

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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

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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

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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

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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.

No. 24-4]

The J&K Govt. Gazette, 10th Sept., 2015/19th Bhad., 1937.

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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.

————

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

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.

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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.

––––––––

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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.

No. 28-1]

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

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.

————

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

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 ;

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 ;

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(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

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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 ;

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.

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(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 ;

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.

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(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

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.

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(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 ;

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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

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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 ;

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 ;

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(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

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(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

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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 ;

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.

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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

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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

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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.

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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 ;

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 ;

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(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.

–––––––

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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).

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The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937.

[No. 28-2

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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.

––––––––

No. 28-2]

The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937.

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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.

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The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937.

[No. 28-2

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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

––––––––

No. 28-2]

The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937.

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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.

––––––––

The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937.

[No. 28-2

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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.

No. 28-2]

The J&K Govt. Gazette, 8th Oct., 2015/16th Asv., 1937.

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