THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128]

Jammu, Thu., the 12th Nov., 2015/21st Kart., 1937.

[ No. 33

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

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 11-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

of

Departments,

Provincial

Heads,

Magistrates and other officers competent to

issue public notices under any law or rule ....

PART II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

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

(b) Rates and wages ....

(c) Crop Report and Forecasts ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

310-316

391-398

65-66

435-438

135-136

165-168

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.

Notification

No. 311 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Abid Zahoor Indrabi S/o Mr. Zahoor-ud-Din Indrabi R/o Peer

Mohalla, Kaitheer, Razgeer Khansahd, Budgam vide Notification No. 711

dated 03-02-2011 for a period of one year has been extended till

02-06-2016 subject to the verification of Certificates/Degrees.

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. 312 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Arroussa Tariq S/o Mr. Tariq Ahmad Kanth R/o Lal Bazar, Sikh

Bagh, Srinagar vide Notification No. 840 dated 01-01-2014 for a period of

one year has been extended till 30-12-2015 subject to the verification of

Certificates/Degrees.

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.

––––––––

310 The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937. [ No. 33

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Notification

No. 313 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Raghu Nath S/o Mr. Bhabhi Chand R/o Lane No. 2, Sector-1,

Durga Nagar, Jammu vide Notification No. 957 dated 26-11-2011 for a

period of one year has been extended till 20-04-2016 subject to the

verification of Certificates/Degrees.

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. 314 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Venus Sambyal D/o Mr. Mohd. Hanief Sambyal R/o W. No. 3,

H. No. 23, Nangal Road, Katra, Reasi vide Notification No. 1042 dated

19-03-2014 for a period of one year has been extended till 18-03-2016

subject to the verification of Certificates/Degrees.

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. 315 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Imtiyaz Nabi S/o Mr. Gh. Nabi Ganai R/o Ganie Mohalla, Khanpora,

Budgam vide Notification No. 315 dated 16-05-2014 for a period of one

year has been extended till 13-06-2016 subject to the verification of

Certificates/Degrees.

No. 33 ] The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

311

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

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. 316 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Nagma Siddique D/o Mr. Khalid Jamwal R/o Darwa, Baramulla

A/P 11-B, Jawahar Nagar, Srinagar vide Notification No. 1022 dated

18-03-2014 for a period of one year has been extended till 17-03-2016

subject to the verification of Certificates/Degrees.

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. 317 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Owis Bashir S/o Mr. Bashir Ahmad Shah R/o Shah Mohalla, Khee

Jogipora, Kulgam vide Notification No. 370 dated 14-07-2014 for a period

of one year has been extended till 13-07-2016 subject to the verification of

Certificates/Degrees.

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. 318 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Savita Devi D/o Mr. Devi Ditta Salgotra R/o, A/P Doman, Jammu

vide Notification No. 209 dated 20-05-2014 for a period of one year has

312 The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937. [ No. 33

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been extended till 19-05-2016 subject to the verification of Certificates/

Degrees.

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. 319 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Gousia Ashraf S/o Mr. Mohd. Ashraf Mir R/o Hiller Arhama,

Kokernag, Anantnag vide Notification No. 1129 dated 20-03-2014 for a

period of one year has been extended till 19-03-2016 subject to the

verification of Certificates/Degrees.

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. 320 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Naresh Kumar S/o Mr. Baldev Singh R/o Gagian, Tehsil R. S. Pura,

District Jammu vide Notification No. 308 dated 31-05-2014 for a period of

one year has been extended till 14-05-2016 subject to the verification of

Certificates/Degrees.

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. 33 ] The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

313

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

Notification

No. 321 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Arun Dev Singh S/o Mr. Kuldeep Singh Samyal R/o Ward No. 13,

Shastri Nagar, Kathua vide Notification No. 671 dated 23-11-2009 for a

period of one year has been extended till 20-04-2016 subject to the

verification of Certificates/Degrees.

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. 322 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Hassan Babur S/o Mr. Zaffer Ullah Nehru R/o H. No. 51, W. No. 8,

Nehru Chowk, Doda vide Notification No. 711 dated 28-09-2011 for a

period of one year has been extended till 20-04-2016 subject to the

verification of Certificates/Degrees.

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. 323 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Tajul Islam Khan S/o Mr. Madad Khan R/o Kandi Karnah, Kupwara

A/P H. No. 23, Gopalpora, Wathoora, Budgam vide Notification No. 555

dated 22-10-2010 for a period of one year has been extended till

20-04-2016 subject to the verification of Certificates/Degrees.

314 The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937. [ No. 33

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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. 324 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Owis Ahmed Ganai S/o Mr. Jahangir Ahmed Ganai R/o H. No. 39,

Ward No. 10, Ganai, Poonch vide Notification No. 200 dated 26-05-2011

for a period of one year has been extended till 21-05-2016 subject to the

verification of Certificates/Degrees.

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. 325 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Nadeem Akram Khan S/o Mr. Mohd. Akram Khan R/o Chak Banola,

Tehsil Mendhar, District Poonch vide Notification No. 303 dated

31-05-2014 for a period of one year has been extended till 30-05-2016

subject to the verification of Certificates/Degrees.

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. 326 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Sufura Amin S/o Mr. Mohammad Amin Bhat R/o Omer Colony-B,

Lal Bazar, Srinagar vide Notification No. 901 dated 10-01-2014 for a period

No. 33 ] The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

315

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

of one year has been extended till 09-01-2016 subject to the verification of

Certificates/Degrees.

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. 327 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Karan Bali S/o Mr. Rajinder Parshad Bali R/o Village Salotri, BPO

Jhulass, Tehsil Haveli, District Poonch vide Notification No. 368 dated

14-07-2014 for a period of one year has been extended till 13-07-2016

subject to the verification of Certificates/Degrees.

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. 328 Dated 01-09-2015.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Neena Thakur D/o Mr. Karpal Singh Thakur R/o Kishenpur, Meneh,

Jammu vide Notification No. 347 dated 14-07-2014 for a period of one

year has been extended till 13-07-2016 subject to the verification of

Certificates/Degrees.

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.

316 The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937. [ No. 33

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THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 12th Nov., 2015/21st Kart., 1937.

[No. 33

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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.

———–

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

SOLINA, SRINAGAR.

Notification No. PSC/Exam/2015

Dated 08-10-2015.

Whereas, the J&K Public Service Commission invited applications

from the eligible candidates for appearing in ACC, Departmental Examination

vide Notification No. PSC/Exam/2013/46 dated 31-05-2013 ; and

Whereas, in response to the above notification, among others

Shri Syed Davood Safvi S/o Syed Muzaffar Safvi also applied for appearing

in Papers-II, III & IV in the said examination ; and

Whereas, among others Shri Syed Davood Safvi S/o Syed Muzaffar

Safvi was also allowed to appear in the said examination and accordingly

Roll No. 12 was allotted to him ; and

Whereas, among others, he also appeared in Papers-II & IV and

remained absent in Paper-III ; and

Whereas, the result of said examination was declared vide

Notification No. PSC/Exam/2013/94 dated 15-11-2013 and on the basis of

his performance, he was declared to have passed in Paper-II and IV and

absent in Paper-III ; and

Whereas, after declaration of the result, the candidate represented

before the Commission that he had inadvertently applied for the Paper-III

also, which he had already passed in Session March, 2012 under

Roll No. 119 ; and

Whereas, on scrutiny of records, it was found that he had already

passed the Paper-III by securing 36 marks ; and

Whereas, after considering the representation of the candidate, it was

decided to revise the result issued vide Notification No. PSC/Exam/2013/94

dated 15-11-2013 in favour of the said candidate.

Now, therefore, in view of the above, the result of Shri Syed Davood

Safvi S/o Syed Muzaffar Safvi is revised as under :––

Roll

Name of the

Parentage

PI

PII

PIII

PIV

Remarks

No.

candidate

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

12

Shri Syed

S/o Syed

19

54

36

47

Passes

Davood Safvi

Muzaffar Safvi

Passed

Passed

in 2011

in

March,

2012

E&OE.

By order.

(Sd.) SHAKEEL-UL-REHMAN, KAS,

Secretary and Controller of Examinations,

J&K Public Service Commission.

––––––

392

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[No. 33

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JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

SOLINA, SRINAGAR.

Subject :––Filling up of the post of Superintendent Jails in Prisons (Home

Department) submission of deficient documents.

–––––

Notice

Dated 05-10-2015.

The following shortlisted candidates have been asked to submit the

deficient documents including Medical Fitness Certificate in respect of Height

and Chest Measurement from the concerned District Medical Board vide

this Commission’s Notice dated 31-07-2014 within a period of 10 (ten) days

from the date of issuance of the notice. The candidates have failed to submit

the deficient documents including Medical Fitness Certificate in respect of

Height and Chest Measurement from the concerned District Medical Board

till date :––

S.

Bar Code

Name of the candidate

Deficiency

No.

No.

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

1

2

3

4

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

1.

183076

Aehsan Ahmad Dar

Nil

(OM Category)

2.

183077

Manzoor Ahmad Wani

Nil

(OM Category)

3.

182694

Sunil Sharma

Nil

(OM Category)

4.

182536

Anupam Lata

1. M. A./M. Phil Degree.

(OM Category)

2. Medical Fitness Certificate

from District Medical

Board.

5.

160696

Barkat Ahmad Dar

Nil

(OM Category)

No. 33]

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

393

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6.

182592

Ashwani Kumar

Medical Fitness Certificate

(SC Category)

from District Medical

Board. The Medical

Certificate submitted by

the candidate is not as per

rules.

7.

182587

Roshani Kumari

Nil

(SC Category)

8.

182016

Balbinder Singh

1. M. A./M. Phil Degree.

(SC Category)

2. Medical Fitness Certificate

from District Medical

Board. The certificate

submitted by the candidate

is not as per rules.

9.

182691

Sunil Kumar

Nil

(SC Category)

The above candidates are once again asked to submit the deficient/

requisite Medical Fitness Certificate within 10 (ten) days positively from

the date of issuance of this notice failing which their candidature shall be

rejected without any further notice/opportunity.

Further, the candidature of one candidate namely Rachna Devi (SC)

D/o Shri Buti Ram R/o Village Badheri, District Samba is hereby rejected

as she does not fulfill the prescribed height standards as required under

rules/norms.

However, in case she has any claim, she may submit proof of being

eligible within ten days positively.

(Sd.) SHAKEEL-UL-REHMAN, KAS,

Secretary and Controller of Examinations,

J&K Public Service Commission.

––––––

1

2

3

4

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

394

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[No. 33

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JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

SOLINA, SRINAGAR.

Subject :––Attention Candidates-Combined Competitive (Preliminary)

Examination, 2014.

–––––

Notice

Dated 27-08-2015.

The J&K Combined Competitive (Preliminary) Examination, 2014

shall be conducted on 30.08.2015 in two Sessions as under :––

Forenoon Session : 10:00 A. M. to 12:00 Noon

Afternoon Session : 02:00 P. M. to 04:00 P. M.

The Admit Cards have already been dispatched to the candidates

and are also available on the Commission’s website www.jkpsc.nic.in.

Candidates are advised to adhere to the following instructions during

the examination : ––

1. Candidates shall carry Admit Card in the allotted examination

centre to secure admission to the examination hall. Always keep

the Examination Admit Card with you and show it to the

supervisory staff on duty as and when required/demanded.

2. Do not write anything related or un-related to Examination on

your Admit Card.

3. Candidates should be seated in the Examination Hall 20 minutes

before the commencement of the examination.

4. Candidates should carefully read the instructions given on the

back side of the response sheet as well as on the Test Booklet.

5. Check the Admit Card carefully and bring discrepancy, if any, to

the notice of J&K Public Service Commission immediately.

No. 33]

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

395

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6. You are responsible for safe custody of this Admission Certificate

and in the event of any other person using this certificate, the

onus to prove that you have not used the services of any

impersonator shall lie on you.

7. Before entering into the campus of the Examination Hall,

make sure that you are not in possession of the Mobile

Phone/Programmable Calculators or any unauthorized/

incriminating material. In case you are found in possession of

any unauthorized material during the examination, you shall be

disqualified for such examination(s).

8. If you appear at a centre/venue other than the one notified/allotted

by the Commission, your Response Sheets shall not be evaluated

and your candidature will be liable to cancellation.

9. You should bring your own instruments viz. blue/black ball point

pen, drinking water bottle etc. No borrowing or exchange of

articles would be allowed in the examination hall.

10. You shall not be permitted to leave the examination hall untill

expiry of full time (i. e. two hours).

11. In Examination hall, you shall be provided an OMR Answer Sheet

and Test Booklet. You should read the instructions carefully on

the back side of OMR sheet before filling in the item Nos.1-8.

Item No. 9 is to be filled up by the invigilator.

12. The examination is Multiple Choice Type. Each question will have

04 options marked as A, B, C and D. You should choose the

correct option and darken the corresponding oval on your OMR

answer sheet by blue or black ball point pen.

13. The oval should be fully darkened, without causing any damage

to the Response Sheet.

14. You should make your own arrangements of boarding and lodging.

PSC shall not defray any TA/DA expenses.

396

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15. Your candidature to examination is provisional, subject to the

fulfillment of Eligibility Criteria.

Note : ––In case you find any discrepancy, in the Test Booklet in any

question(s) or the responses, a written representation explaining

the details of such alleged discrepancy, be submitted within three

days, indicating the Question Nos. and the Test Booklet Series, in

which the discrepancy is alleged. Representation not received

within time shall not be entertained at all.

Furthermore, concerned Invigilators deployed by the Supervisors for

such duty may ensure that the above instructions issued to the candidates

are followed by the candidates strictly. Any laxity on the part of invigilation

staff shall be viewed seriously.

(Sd.) SHAKEEL-UL-REHMAN, KAS,

Secretary and Controller of Examinations,

J&K Public Service Commission.

––––––

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

SOLINA, SRINAGAR.

Subject :––Attention candidates appearing in screening test for the posts of

Assistant Engineer (Civil).

–––––––

Notice

Dated 10-09-2015.

It is for the information of candidates who are appearing in the

screening test for the posts of Assistant Engineer Civil on 13-09-2015 that

they shall use only simple calculator during the course of examination.

No candidate shall be allowed to use Programmable Calculators including

No. 33]

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

397

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

Scientific Calculators during the course of examination. In case, any

candidate is found in possession of banned calculators, he /she shall be

disqualified for such examination(s).

(Sd.) SHAKEEL-UL-REHMAN, KAS,

Secretary and Controller of Examinations,

J&K Public Service Commission.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––GENERAL ADMINISTRATION

DEPARTMENT

(Administration Section)

Subject :––Appointment of Chairperson, J&K State Social Welfare Board.

–––––––

Government Order No. 954-GAD of 2015

Dated 09-07-2015.

Dr. (Prof.) Nirmal Kamal is hereby appointed as the Chairperson of

the J&K State Social Welfare Board.

By order of the Government of Jammu and Kashmir.

(Sd.) GAZZANFER HUSSAIN,

Commissioner/Secretary to the Government.

398

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

[No. 33

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THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 12th Nov., 2015/21st Kart., 1937. [ No. 33

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

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. 1386-GAD of 2015 dated

19-10-2015, we the undersigned do hereby handover and takeover the charge

of Director, Floriculture, Kashmir today on 21-10-2015 afternoon.

(Sd.) RAVINDER KUMAR, IAS.

Relieved Officer.

(Sd.) TALAT PARVEZ IQBAL ROHELLA, KAS.

Relieving Officer.

––––––

Pursuant to Government Order No. 1386-GAD of 2015

dated 19-10-2015 issued under endorsement No. GAD (Ser) IAS/67/2012

dated 19-10-2015, we have in the afternoon of 20th of October, 2015

respectively made over and received charge of the Custodian General,

J&K Government, Srinagar.

Station : Srinagar.

Dated : 20th of October, 2015.

(Sd.) SHAHID ANAYATULLAH, IAS.

Relieved Officer.

(Sd.) MOHAMMAD JAVED KHAN, IAS.

Custodian General.

Relieving Officer.

66

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

[No. 33

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THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 12th Nov., 2015/21st Kart., 1937. [No. 33

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

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 the Departments.

–––––––

Notice

I, Kamal Kishore Gupta R/o 76, Upper Shiv Nagar, Jammu do

hereby solemnly affirm and declare that the parentage of my daughter

Deenika Gupta of Class 9th is Kamal Gupta instead of Kamal Kishore

Gupta in the School Records of Present Convent School, Gandhi Nagar.

Now, I am applying for correction of the same. Objection, if any, may be

conveyed to concerned authority within 7 days from the date of publication

of this notice.

Kamal Kishore Gupta.

–––––––

THE JAMMU AND KASHMIR STATE BOARD OF

SCHOOL EDUCATION, NEW CAMPUS, BEMINA, SRINAGAR.

NOTICE FOR GENERAL PUBLIC

The candidate whose particulars are mentioned below is claiming

to have lost/gutted his Original and as well as Duplicate Qualification

Certificate/s issued by J&K State Board of School Education under

Serial Nos. 4945 and 6448 respectively with following particulars :–

Name

: Deepak Kumar Mattoo

Parentage

: Shri Triloki Nath Mattoo

Residence

: Baghi Jogi Lanker, Rainawari

Date of Birth

: 01-04-1966

Roll No.

: 26020

Session

: 1982, April

Result

: Passes

Now, the candidate has applied for “2nd Duplicate Qualification

Certificate”. Before, the same is processed and provided to the concerned

candidate, any person/s having any objections in this regard may please

file the same before the Secretary, BOSE or to the undersigned within a

period of seven days from the date of issue of this notice.

Besides, the above referred “both Qualification Certificate” be

treated as cancelled.

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

Assistant Secretary,

Certificates, Kashmir Division.

–––––––

436

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

[No. 33

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IN THE COURT OF PRINCIPAL SESSIONS JUDGE, SRINAGAR.

Present :––Rashid Ali Dar

State FIR 36/2002

V/s.

Mohd Shafi Bhat

P/S, Kothi Bagh

S/o Ghulam Mohammad Bhat

R/o Kurso Raj Bagh, Srinagar.

Offence under section 420, 467, 471 RPC

Proclamation under section 87 Cr. P. C.

Whereas, the criminal case cited above is pending disposal before

this court with charge of the commission offences cited above against the

accused ;

Whereas, in view of the continous absence of the accused and flouting

of the terms and conditions of the bail, proceedings under section 514

Cr. P. C. have already been initiated against accused ;

Whereas, presence of the accused could not be procured as accused

is concealing himself to avoid the attendence before the court. Proclamation

is hereby made that the said accused Mohd Shafi Bhat is required to appear

before the court of the undersigned on 9-11-2015 at 10.30 A. M. to be

examined to touching the veracity of the challan.

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

Principal Sessions Judge,

Srinagar.

––––––––

IN THE COURT OF SPECIAL MUNICIPAL MOBILE

MAGISTRATE, JAMMU.

Present :––M. R. Chak

State through P/S, Bahu Fort,

V/s.

Ghulam Hussain S/o Sher Ali

Jammu

R/o Angralla, Tehsil Mahore,

District Udhampur, A/P Rakh

Bahu

FIR No. 22/01 for the offences under section 451/323 RPC

Proclamation under section 87 Cr. P. C.

Whereas, the proceeding under section 87 Cr. P. C. are pending

aganist the accused before this court from 28-05-2005 but the accused has

failed to cause his appearance before this court so far.

No. 33]

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

337

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

Through the medium of this proclamation accused is directed to cause

his appearance before this court within 30 days from the date of publication

of this proclamation failing which proceeding under section 87/88 Cr. P. C.

shall be launched against the accused and the property of the accused both

movable and immovable shall be attached. Put up on 30-09-2015.

Given under my hand and seal of this court today on 20-08-2015.

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

Special Municipal Mobile Magistrate,

Jammu.

438

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

[No. 33

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

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 12th Nov., 2015/21st Kart., 1937.

[No. 33

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

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

separate compilation.

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

ADVERTISEMENTS––C

––––––

POLICE HEADQUARTERS, J&K, SRINAGAR.

Corrigendum

Reference :––This Hqrs. e-NIT No. 15 of 2015 dated 26-6-2015.

––––––

Various dates in respect of this Hqrs. e-NIT No. 15 of 2015

dated 26-6-2015 (e-Tender) has now been fixed as under :––

Last date and time of downloading

14-11-2015 up to 1500 hours.

e-NITs from J&K State

e-Procurement Portal

www.jktenders.gov.in

Last date and time for online

14-11-2015 up to 1500 hours.

submission of bids

Time/date and place for online

On 16-11-2015 at 1100 hours at

opening of technical bids only

J&K Police Hqrs., Gulshan

Ground, Jammu.

The other contents of the above mentioned e-NITs shall remain

unchanged.

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

(AIG Prov./Tpt.),

For Director General of Police,

J&K, Srinagar.

––––––

POLICE HEADQUARTERS, J&K, SRINAGAR.

Amendment in the date of Pre-Bid Conference (e-NIT No. 27 of 2015

dated 30-09-2015)

Police Hqrs., J&K loated e-NIT No. 27 of 2015 dated 30-09-205

for procurement of security items. Pre-Bid Conference was due to be held

at PHQ, Srinagar on 17-10-2015. However due to administrative reasons

the date for Pre-Bid Conference is changed as under :––

1.

Pre-Bid Conference

=

20-10-2015 instead of 17-10-2015.

Other contents of the said e-NIT shall remain unchanged. Tender

details with terms and conditions are available on J&K State e-Procurement

Portal www.jktenders.gov.in.

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

Dy. SP (Provision)

For Director General of Police,

J&K, Srinagar.

136

The J&K Govt. Gazette, 12th Nov., 2015/21st Kart., 1937.

[No. 33

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Srinagar, the 21st October, 2015

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 21st October, 2015

and is hereby published for general information :––

THE JAMMU AND KASHMIR LEGAL SERVICES

AUTHORITIES (AMENDMENT) ACT, 2015.

(Act No. VIII of 2015).

[21st of October, 2015.]

An Act to amend the Jammu and Kashmir Legal Services

Authorities Act, 1997.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Srinagar, Wed., the 21st Oct., 2015/29th Asv., 1937. [No. 29-1

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

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

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.

(2) Notwithstanding such repeal, anything done, any order issued

or any action taken under the said Ordinance shall and shall always

be deemed to have been done, issue or taken, as the case may be,

under the provisions of this Act.

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

2

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[No. 29-1

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GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Srinagar, the 28th October, 2015.

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 28th October, 2015

and is hereby published for general information :––

THE JAMMU AND KASHMIR PRIVATE SECURITY

AGENCIES (REGULATION) ACT, 2015.

(Act No. IX of 2015)

[28th of October, 2015.]

An Act 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.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Srinagar, Wed., the 28th Oct., 2015/6th Kart., 1937. [No. 30-1

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

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

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

the Republic of India as follows :––

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

the Jammu and Kashmir Private Security Agencies (Regulation)

Act, 2015.

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

by notification in the Government Gazette, appoint.

2. Definitions.––(1) In this Act, unless the context otherwise

requires,––

(a) “Act” means the Jammu and Kashmir Private Security

Agencies (Regulation) Act, 2015 ;

(b) “controlling authority” means the controlling authority

appointed under sub-section (1) of section 3 ;

(c) “Government” means the Government of Jammu and

Kashmir ;

(d) “licence” means a licence granted under section 6 of

the Act ;

(e) “notification” means a notification published in the

Government Gazette ;

(f) “prescribed” means prescribed by rules made under

this Act ;

(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 ;

2

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(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

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

No. 30-1]

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3

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licence within the said period of six months, he may continue it

for a further period of three months or till the disposal of such application

whichever be earlier.

(2) An application for issuance of a licence under the Act shall

be considered only after due verification of the character and

antecedents of the applicant.

5. Persons not entitled for licence.––(1) A person shall not be

entitled for a licence under this Act, if he––

(a) has been convicted of an offence of fraud or misfeasance

committed by him in connection with promotion, formation

or management of a company ;

(b) is an undischarged insolvent ;

(c) has been convicted by a competent court for an offence

punishable with imprisonment of not less than two

years ;

(d) is keeping links with any organization or association which

is banned under any law on account of their activities

which pose threat to security of the State, national security

or public order or there is information about such a person

indulging in activities which are prejudicial to national

security or public order ; or the security of the

State ;

(e) has been dismissed or removed from Government service

on grounds of misconduct or moral turpitude ; or

(f) is not a permanent resident of the State.

4

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[No. 30-1

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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 ;

(c) information about fulfillment of conditions laid down under

section 10 ;

(d) information regarding cases registered in a police station

or pending in a court of law involving the applicant ; and

(e) a fee of rupees––

(i) five thousand, if the private security agency is operating

in one district of the State ;

(ii) ten thousand, if the agency is operating in more than

one but up to five districts of the State ; and

(iii) twenty thousand, if it is operating in the whole State.

No. 30-1]

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5

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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

(c) shall be subject to such conditions as may be prescribed.

7. Renewal of licence.––(1) An application for renewal of licence

shall be made to the controlling authority, not less than sixty days before

the date of expiry of the period of validity thereof, in such form as

may be prescribed and shall be accompanied by the requisite fee and

other documents required under sections 5, 6 and 10 of the Act.

(2) The controlling authority shall pass an order on application for

renewal of licence within sixty days from the date of receipt of

application complete in all respects.

6

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[No. 30-1

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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 ;

No. 30-1]

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7

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(c) satisfies the agency about his character and antecedents

in such manner as may be prescribed ;

(d) has completed the prescribed security training successfully

or completes the same within one year of his

engagement ;

(e) fulfils such physical standards as may be prescribed ; and

(f) satisfies such other conditions as may be prescribed.

(2) No person who has been convicted by a competent court or

who has been dismissed or removed on grounds of misconduct or moral

turpitude while serving in any of the armed forces of the Union,

State Police, Organizations, Central or State Governments or in any

private security agency shall be employed or engaged as a private

security guard or supervisor.

(3) A private security agency may, while employing a person as

a private security guard, give preference to a person who has served

as a member in one or more of the following, namely :––

(i) Army ;

(ii) Navy ;

(iii) Air Force ;

(iv) Any other armed forces of the Union ;

(v) Police, including armed constabularies of the State,

SPO’s ; and

(vi) Home Guards.

10. Conditions of licence.––The Government may, by notification,

prescribe the conditions for grant of licence under the Act and such

8

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[No. 30-1

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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 ;

(c) that the licence holder has violated the provisions of the

Act or the rules made thereunder or any of the conditions

of the licence ;

(d) that the licence holder has misused information obtained

by him during the discharge of his duties as the

private security agency to any industrial or business

undertaking or a company or any other person ;

(e) that the licence holder by using any letter head,

advertisement or any other printed matter or in any

other manner represented that the private security

agency is an instrumentality of the Government or such

agency is or has been using a name different from that

for which licence has been granted ;

No. 30-1]

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9

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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

10

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[No. 30-1

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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

No. 30-1]

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11

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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 ;

(c) the names and addresses of the persons whom it has

provided private security guards or services ; and

(d) such other particulars as may be prescribed.

(2) The controlling authority may call for such information as it

considers necessary from any private security agency, supervisor

or private security guard to ensure due compliance of the Act.

15. Inspection of licensee, etc.––The controlling authority or

any other officer authorized by it in this behalf may at any reasonable

time, enter the premises of the private security agency and inspect and

examine the place of business, the records, accounts and other

documents connected with the licence and may take copy of any

document.

12

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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

No. 30-1]

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13

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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

14

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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 ;

(c) the form of an application for renewal of licence

under sub-section (1) of section 7 ;

(d) the number of supervisors to be employed under

sub-section (3) of section 8 ;

(e) the procedure for verification of character and antecedents

under clause (c) of sub-section (1) of section 9 ;

(f) the type of training under clause (d) of sub-section (1) of

section 9 ;

(g) the physical standard under clause (e) of sub-section (1)

of section 9 ;

(h) other conditions under clause (f) of sub-section (1) of

section 9 ;

(i) the form under sub-section (2) of section 13 for preferring

an appeal ;

(j) particulars to be maintained in a register under sub-

section (1) of section 14 ;

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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).

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

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