THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128]
Jammu, Thu., the 26th Nov., 2015/5th Agra., 1937.
[ No. 35
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
328-336
409-412
69-70
443-444
139-148
173-176
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Notification
No. 295 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Mr. Sajid Sheikh S/o Mr. A. G. Sheikh R/o Dhandal, Gurmal, Doda
A/P Dalpation Mohalla, Jammu has been admitted and enrolled as an
Advocate on the Roll 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-307/15 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 296 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Mr. Umar Nazir S/o Mr. Nazir Ahmad Khar R/o Ghat-i-Qaimoh, Kulgam
has been admitted and enrolled as an Advocate on the Roll 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-291/15 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
328 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [ No. 35
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No. 35 ]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
329
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Notification
No. 297 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Mr. Mohammad Haris S/o Mr. Manzoor Ahmed Wani R/o 119, Umar Colony,
Lal Nagar, Chanpora, Srinagar has been admitted and enrolled as an
Advocate on the Roll 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-278/15 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 298 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Ms. Saima Rashid D/o Mr. Ab. Rashid Sofi R/o Towa Lane, Drangbal,
Pampore has been admitted and enrolled as an Advocate on the Roll 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-292/15 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 299 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Ms. Rasheeda Shaheen D/o Mr. Ghulam Nabi Janwari R/o H. No. 14,
New Colony, Lal Mandi, Wazir Bagh, Srinagar has been admitted and
330 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [ No. 35
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enrolled as an Advocate on the Roll 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-274/15 in the
Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 300 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Mr. Tariq Ahmad Sheikh S/o Mr. Gh. Nabi Sheikh R/o Uzrampathri Mohalla,
Bonapora, Rajpura, Pulwama has been admitted and enrolled as an Advocate
on the Roll 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-253/15 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 301 Dated 23-07-2015.
It is hereby notified that vide High Court Order dated 08-07-2015
Mr. Kanav Raina S/o Mr. Ashok Kumar Raina R/o F/116, Lower Shiv
Nagar, Jammu has been admitted and enrolled as an Advocate on the Roll
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-288/15 in the Roll of Advocates maintained by this
Registry.
No. 35 ]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
331
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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. 409 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015
Mr. Sameem Bashir S/o Mr. Bashir Ahmad Parrey R/o Kriandigam, New
Colony, Bijbehara, District Anantnag has been admitted and enrolled as an
Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject
to the verification of his provisional/LL.B Degree Certificate and
verification of his Character and antecedent from the concerned agency.
His name has been entered under Serial No. JK-373/15 in the Roll of
Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 410 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015
Ms. Asiya Nabi D/o Mr. Ghulam Nabi Rather R/o Busserbugh, Alasteing,
Tehsil and District Ganderbal has been admitted and enrolled as an Advocate
on the Roll of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of his provisional/LL.B Degree Certificate and verification of
his Character and antecedent from the concerned agency. Her name has
been entered under Serial No. JK-372/15 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
332 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [ No. 35
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Notification
No. 411 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015
Ms. Heena Bashir D/o Mr. Bashir Ahmad Janwari R/o H. No. M-1, Sanat
Nagar, City Srinagar, District Budgam has been admitted and enrolled as
an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his provisional/LL.B Degree Certificate and
verification of his Character and antecedent from the concerned agency.
Her name has been entered under Serial No. JK-370/15 in the Roll of
Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 412 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015
Mr. Sandeep Bhat S/o Mr. Ashok Kumar Bhat R/o Near Sub-Post Office,
Jakhani, Tehsil Udhampur has been admitted and enrolled as an Advocate
on the Roll of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of his provisional/LL.B Degree Certificate and verification of
his Character and antecedent from the concerned agency. His name has
been entered under Serial No. JK-369/15 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
(Sd.) G. M. PARRAY,
Joint Registrar (Adm.).
––––––––
No. 35 ]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
333
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GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
(Services)
Subject :– Transfers and Postings.
Reference :– Cabinet Decision No. 145/11/2015 dated 19-10-2015.
––––––––
Government Order No. 1386-GAD of 2015
Dated 19-10-2015.
In the interest of administration, the following transfers and postings
are hereby ordered with immediate effect :—
1.
Mr. Sundeep Kumar Nayak, IAS (JK-88), Principal Secretary
to the Government, Power Development Department, is
transferred and posted as Principal Secretary to the Government,
Relief and Rehabilitation Department. He shall also be the Chief
Executive Officer, Project Monitoring Unit of the ‘New World
Bank Project.’
2.
Mr. Dheeraj Gupta, IAS (JK-93), Commissioner/Secretary to
the Government, Relief and Rehabilitation Department, is
transferred and posted as Commissioner/Secretary to the
Government, Power Development Department.
Mr. Raj Kumar Goyal, IAS (JK-90), Principal Secretary to the
Government, Home Department, shall hold the charge of the
post of Financial Commissioner, Revenue, in addition to his own
duties, till further orders.
3.
Mr. Shailendra Kumar, IAS (JK-95), Commissioner/Secretary
to the Government, Labour and Employment Department, is
transferred and posted as Commissioner/Secretary to the
Government, Industries and Commerce Department. He shall
hold the charge of the post of Commissioner/Secretary to the
Government, Labour and Employment Department, in addition
to his own duties, till further orders.
334 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [ No. 35
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4.
Mr. Saleem Mohammad, IAS (JK-02), awaiting orders of
adjustment in the General Administration Department, is posted
as Additional Commissioner in the Office of Divisional
Commissioner, Jammu, against an available vacancy.
5.
Mr. Mohammad Javed Khan, IAS (JK-05), awaiting orders of
adjustment in the General Administration Department, is posted
as Custodian General, J&K, relieving Mr. Shahid Anayatullah,
IAS, of the additional charge.
6.
Mr. Saugat Biswas, IAS (JK-06), Deputy Commissioner,
Kishtwar, is transferred and posted as Project Director, Rashtriya
Madhyamik Shiksha Abhiyan vice Ms. Deepti Uppal, who shall
await further orders in the GAD. He shall hold the charge of
the post of Project Director, Sarva Shiksha Abhiyan, in addition
to his own duties, till further orders.
7.
Mr. Kuldip Lal Khajuria, KAS, awaiting orders of adjustment in
the General Administration Department is posted as Special
Secretary to the Government, Department of Rural
Development and Panchayati Raj.
8.
Mr. Talat Parvez Iqbal Rohella, KAS, awaiting orders of
adjustment in the General Administration Department, is posted
as Director, Floriculture, Kashmir, relieving Mr. Ravinder Kumar,
IAS, of the additional charge.
9.
Mr. Anil Kumar Gupta, KAS, awaiting orders of adjustment in
the Office of Divisional Commissioner, Jammu, is posted as
Secretary in the J&K State Electricity Regulatory Commission
vice Mr. Abdul Hamid, who shall await further orders of
adjustment in the General Administration Department.
10.
Mr. Ajay Singh Jamwal, KAS, awaiting orders of adjustment in
the General Administration Department, is posted as Joint
Transport Commissioner, J&K.
11.
Mr. Gulzar Hussain, KAS, Director, Tribal Affairs, J&K, is
transferred and posted as Project Director, DRDA, Kargil,
against an available vacancy.
No. 35 ]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
335
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12.
Mr. Avtar Singh Chib, KAS, Additional District Development
Commissioner, Kishtwar, is posted as Additional District
Development Commissioner, Rajouri.
13.
Mr. Ghulam Nabi Balwan, KAS, Secretary, J&K State
Information Commission, is transferred and posted as Deputy
Commissioner, Kishtwar.
14.
Mr. Veerji Hangloo, KAS, Additional District Development
Commissioner, Rajouri, is transferred and posted as Director,
Social Welfare, Jammu.
15.
Mr. M. S. Choudhary, KAS, Director, Social Welfare, Jammu,
is transferred and posted as Director, Tribal Affairs, J&K.
16.
Mr. Narinder Singh Bali, KAS, Joint Transport Commissioner,
J&K, is transferred and posted as Additional District
Development Commissioner, Doda, against an available
vacancy.
17.
Mr. Farooq Ahmad Shah, KAS, awaiting orders of adjustment
in the General Administration Department, is posted as Special
Secretary to the Government, Revenue Department.
18.
Mr. Mohammad Harun Malik, KAS, awaiting orders of
adjustment in the General Administration Department, is posted
as Deputy Commissioner, Poonch.
19.
Mr. Nisar Ahmad Wani, KAS, Deputy Commissioner, Poonch,
is transferred and posted as Special Secretary to the Government,
Information Technology Department.
20.
Mr. Mahmood Ahmad Shah, KAS, Regional Transport Officer,
Kashmir, is transferred and posted as Joint Director, Tourism,
Kashmir, against an available vacancy. He shall hold the charge
of the post of Director, Tourism, Kashmir, in addition to his own
duties till further orders.
Mr. Shafqat Iqbal, KAS, Joint Director, Information, Kashmir
shall hold the charge of the post of Regional Transport Officer,
Kashmir, in addition to his own duties, till further orders.
336 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [ No. 35
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21.
Mr. Vinod Sharma, Director (Safeguards), J&K Economic
Reconstruction Agency, is posted as Chief Executive Officer,
J&K Economic Reconstruction Agency, in his substantive pay
scale, relieving Administrative Secretary, Planning and
Development Department of the additional charge.
22.
Mr. Daleep Thusoo, awaiting orders of adjustment in the General
Administration Department is posted as Managing Director, J&K
Project Construction Corporation.
23.
Mr. Abdul Hamid Sheikh, Managing Director, the J&K Project
Construction Corporation, is transferred and posted as Chief
Engineer, PMGSY, Jammu vice Mr. Nayeem Ahmad, who shall
await further orders of adjustment in the Public Works (R&B)
Department.
24.
Mr. P. L. Bhushan, under orders of posting as Incharge Chief
Engineer, SKUAST, Kashmir is posted as Chief Engineer in the
J&K Police Housing Corporation.
25.
Mr. G. N. Qasba, awaiting orders of adjustment in the General
Administration Department is posted as Mission Director,
National Rural Livelihood Mission, J&K against an available
vacancy.
26.
Mr. Tufail Mattoo, awaiting orders of adjustment in the Industries
and Commerce Department, is posted as Director, Urban Local
Bodies, Kashmir relieving Mr. Bipul Pathak, IAS, of the additional
charge.
It is further ordered that the officers at S. Nos. 21-22 & 24-26 shall
retain their lien and promotion prospects in their parent departments/
organizations.
By order of the Government of Jammu and Kashmir.
(Sd.) GAZZANFER HUSSAIN,
Commissioner/Secretary to the Government.
––––––––
THE
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PART I––B
Jammu and Kashmir Government––Notifications.
––––––—
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––INDUSTRIES AND COMMERCE
DEPARTMENT
Subject :—Extension of Industrial Policy-2004 notified vide Government
Order No. 21-IND of 2004 dated 27-01-2004.
Reference :—Cabinet Decision No. 141/11/2015 dated 19-10-2015.
––––––—
Government Order No. 145-IND of 2015
Dated 20-10-2015.
Sanction is accorded for the following :—
(i)
The Industrial Policy-2004 notified vide Government Order
No. 21-IND of 2004 dated 27-01-2004 shall remain in force till
31st March, 2016 or till the New J&K Industrial Policy is notified,
whichever is earlier.
(ii)
Subject to (a) above all orders/modifications/procedures/
instructions issued by the Industries and Commerce Department
from time to time for implentation of the policy and for ease of
doing business/facilitation of Industry shall remain in force until
any further modification is issued or till the new Industrial Policy
is notified by the State Government, whichever is earlier.
By order of the Government of Jammu and Kashmir.
(Sd.) SHAILENDRA KUMAR, IAS,
Commissioner/Secretary to Government,
Industries and Commerce Department.
————
GOVERNMENT OF JAMMU AND KASHMIR
HOME DEPARTMENT
Subject :—Stop-gap placement of Assistant Labour Procurement Officers
as Labour Procurement Officers.
Reference :—Letter No. DLP/HO/Estt/15/792 dated 10-07-2015 from
Director, Defence Labour Procurement Department.
––––––—
Government Order No. 471-Home of 2015
Dated 14-10-2015.
Sanction is hereby accorded to the placement of the following
Assistant Labour Procurement Officers as Labour Procurement Officers
in their own pay and grade with the benefit of charge allowance as admissible
under rules for a period of six months or till the posts are filled up on the
recommendations of DPC/PSC, whichever is earlier :—
1.
Shri Phuntsog Angchouk (ST).
2.
Shri Mohammad Ramzan (RBA).
410
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The above arrangements are made purely in the interst of administration
on stop-gap basis and shall not confer any preferential right upon these
officers for promotion, which shall be made strictly in accordance with the
Jammu and Kashmir Defence Labour Procurement (Gazetted) Service
Recruitment Rules, 2011.
The above placements are also without prejudice to the outcome of
any writ petition(s) pending before any competent Court of Law.
Consequent upon their placement as Labour Procurement Officers,
they will await orders of adjustment in the Directorate of Defence Labour
Procurement.
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 :—Inspection of offices of Civil Secretariat before they open in
Jammu—Annual Darbar Move Winter Season, 2015-16.
––––––—
Circular No. 32-GAD of 2015
Dated 14-10-2015.
It has been observed that on the day when offices reopen, after
Darbar Move, sacks of files, boxes etc. are seen strewn in corridors of
the Civil Secretariat despite the advance preparations made by the
advance parties.
No. 35]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
411
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All the Administrative Secretaries are enjoined upon to depute a
senior level officer of his/her department to inspect all the rooms of their
respective departments, two days before the offices reopen in Jammu,
to ensure that all the offices are ready to start functioning from the day
they reopen in Jammu.
(Sd.) GAZZANFER HUSSAIN,
Commissioner/Secretary to Government.
412
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THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
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PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
In pursuance to Government Order No. 1386-GAD of 2015
dated 19-10-2015 issued under endorsement No. GAD(Ser)67/2012 dated
19-10-2015, the undersigned assume the charge of Director, Social Welfare
Department, Jammu today on 23rd October, 2015 F. N.
(Sd.) VEER JI HANGLOO,
Director,
Social Welfare Department,
Jammu.
—–––––––
In pursuance to Government Order No. 271-PW(R&B) of 2015
dated 14-10-2015, Shri A. K. Gandotra has been posted as Superintending
Engineer, PWD (R&B) Circle, Udhampur/Reasi. Accordingly, the
undersigned assumed the charge as Superintending Engineer, PWD (R&B)
Circle, Udhampur, today on 17-10-2015 forenoon.
(Sd.) ...........................
Superintending Engineer,
PWD (R&B) Circle,
Udhampur.
70
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PART II––B
Notifications, Notices and Orders by Heads of Departments.
_______
Notice
My parents name has wrongly been written as Anjana Kumari
Sharma instead of Anjana Sharma (Mother) and Bushan Bharat Sharma
instead of Bharat Bushan Sharma in School records. Now studying in
10th Class under Roll No. 24, sec- ‘A’. Now I am applying for corrections.
Objection, if any, may be conveyed to Principal, Presentation Convent Sr.
Sec. School, Gandhi Nagar, Jammu or concerned authority within 7 days.
Mimansa Sharma,
D/o Bharat Bushan Sharma
R/o H. No. 312, Lane No. 6,
Sector-1, Nanak Nagar, Jammu.
–––––––—
444
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GOVERNMENT OF JAMMU AND KASHMIR
(REHABILITATION DEPARTMENT)
OFFICE OF THE CUSTODIAN, EVACUEE’S PROPERTY,
JAMMU.
Notification
Dated 14-08-2015.
In pursuance of sub-section (3) of section 6 of the Jammu and
Kashmir State Evacuee’s (Administration of Property) Act, VI of 2006,
the Custodian is pleased to notify for general information the list of
Evacuee’s Properties specified in the schedule annexed hereto, which
have vested in him.
Schedule
S. No.
Description
Locality
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Illegal construction raised on
Vill. Payan,
the Evacuee property land under
Tehsil Akhnoor.
Khasra No. 13 by Sh. Permanand
S/o Jakkar Ram R/o Payan with
the following dimensions :—
1. Three Room = 10´x10´, each
2. Store
= 06´x06´,
3. Verandha
= 10´x11´.
(Sd.) M. H. MALIK,
Custodian,
Evacuee Property,
Jammu.
THE
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Vol. 128] Jammu, Thu., the 26th Nov., 2015/5th Agra., 1937.
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ADVERTISEMENTS––C
––––––
OFFICE OF THE SUPERINTENDING ENGINEER,
SYSTEM AND OPERATION CIRCLE-II,
AMBEDKAR CHOWK, RAILWAY ROAD, JAMMU,
POWER DEVELOPMENT DEPARTMENT, J&K.
Notice Inviting e-Bids
e-NIT No. 03 of 2015-16 dated 09-11-2015.
The Superintending Engineer, System and Operation Circle-II, Jammu,
Power Development Department, J&K, for and on behalf of the Governor,
Jammu and Kashmir State online e-Bids invites from experienced, reputed,
competent and financially sound Contractors/Self Help Groups/Companies/
Firms/Joint Ventures for laying of tower foundations of 132KV S/C
Transmission line on D/C Towers from 132/66 KV Grid Sub-Station, Samba
to RTSS at Samba, District Samba of J&K State, fulfilling eligibility and
qualification requirements specified in the bidding documents. Bidders are
advised to study the bidding document carefully. Submission of e-Bid against
this Standard Bidding Document (SBD) shall be deemed to have been done
after careful study and examination of the procedures, terms and conditions
of the Standard Bidding Document with full understanding of its implications.
The tender document is available at website http://jktenders.gov.in. Interested
bidders may view/download the e-Bid document, submit their e-Bid online
up to the date and time mentioned in the table below :––
Scope of the Work
Estimate
Earnest
Cost of tender
Last Date
Cost
Money
Documents
of e-Bids
submission
online
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Laying of Tower
Rs 105.72 Rs. 2.11
Rs. 5000/-
26-11-2015
foundations
lacs
lacs
(Rupees Five
(35 numbers)
Thousand only)
of 132 KV S/C
in the shape of
Transmission
non-refundable
Line on D/C
bank draft drawn
Towers from
in favour of
132/66 KV
Executive
Grid Sub-Station,
Engineer,
Samba to
Grid Construction
RTSS Samba,
Division, Jammu
District Samba
of J&K State
a. Date and time of downloading of
The Standard Bidding
Standard Bidding Document
Document can be downloaded
from http://jktenders.gov.in
from 10-11-2015 after 1700 Hrs.
b. Pre-Bid meeting
On 16-11-2015 at 1300 hrs. in the
Office of Chief Engineer, System
and Operation Wing, PDD
Complex, Narwal, Jammu, J&K
c. e-Bid submission start date
16-11-2015, 1000 hrs. onwards
d. Last date for submission of hard
26-11-2015 up to 1600 hrs.
copy of Bid
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[No. 35
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
e. Last date and time for e-Bid
26-11-2015 up to 1600 hrs.
submission
f.
Online Commercial and
03-12-2015 at 1300 hrs.
Technical e-Bid opening
date and time
g. Online financial e-Bid opening
Date and time for financial e-Bid
date and time
opening will be communicated
only to the Technically Qualified
Bidders.
h. Estimated cost
Rs. 105.72 Lacs.
i.
Venue of opening of Technical
Office of the Chief Engineer,
and Financial e-Bids.
System and Operation Wing,
PDD Complex, Narwal,
Jammu, J&K.
Period of Completion : 90 days after the issue of LOA.
Availability of Funds : Funds are available.
The qualifying criteria for the bidders shall be the following :––
(1) The bid of the Firm/Contractors/Self Help Groups/Companies/
Joint Ventures involved in litigation/arbitration with PDD without
completing the works allotted to them shall not be considered
besides, the bidder shall have the following minimum qualification
criteria for submitting the bid :––
(a) Average Annual financial turnover during last three years
ending 31st March, 2015 should be at least 30% of the
estimated cost.
(b) Experience of having successfully completed similar works
during last seven years ending last day of the month, previous
to the one in which applications are invited should be either
of the following :––
(i) Three similar completed works each costing not less
than the amount equal to 40% of the estimated cost.
Or
No. 35]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
141
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(ii) Two similar completed works each costing not less than
the amount equal to 50% of the estimated cost.
Or
(iii) One similar completed work costing not less than the
amount equal to 80% of the estimated cost.
(1) e-Bid may be submitted by––
A single firm that meets all qualification requirements setforth in
para 1 (a) and 1 (b) above.
(a) joint venture of firms having not more than two partners
who shall meet all qualification requirements collectively set-
forth in 1 (a) & 1 (b) above. Either of the partner can be
designated as lead partner on whose name tender shall be
purchased.
(b) All the e-Bids must be accompanied by the scanned copy
of EMD in the form of Bank Guarantee pledged to the
Executive Engineer, Grid Construction Division, Ambedkar
Chowk, Railway Road, Jammu. No Interest would be
payable on Earnest Money deposited with the department.
(c) To submit Hard Copy of original instrument of EMD to Chief
Engineer, System and Operation Wing, PDD Complex,
Narwal, Jammu, J&K before the opening of the Commercial
and Technical e-Bid.
(d) The date and time of opening of financial e-Bids shall be
notified on Website http://jktenders.gov.in. This will be
conveyed to the qualified bidders automatically through an
e-Mail message on their e-Mail address. The Financial bids
shall be opened accordingly online on same Website in the
Office of Chief Engineer, System and Operation Wing,
Jammu, PDD Complex, Narwal, J&K. The e-Bids will be
electronically opened in the presence of bidder’s
representatives, who chooses to attend at the venue, date
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[No. 35
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
and time mentioned in the above table. The bidder’s
representative attending the opening shall have to produce
an authority letter issued by the firm.
(3) This SBD is available on the website http://jktenders.gov.in to
enable the bidders to view, download the e-Bid document and
submit e-Bids online up to the last date and time mentioned in
e-Tender notice/e-Tender document. The bidders shall have to
pay the document fee of Rs. 5000/- (Rupees five thousands only)
through Demand Draft payable to Executive Engineer, Grid
Construction Division, Jammu. The scanned copy of the Demand
Draft must be uploaded along with the e-Bid but the original
Demand Draft along with hard copy should reach in the Office
of Chief Engineer, System and Operation Wing, PDD Complex,
Narwal, Jammu, (J&K) before opening of tender. The e-Tender
document fee will be non-refundable.
(4) The foundations of tower locations would be laid strictly as per
the drawings approved by CEA PDD/competent authority.
(5) The intending tenderer are advised to visit work site before quoting.
(6) The Chief Engineer, System and Operation Wing, Jammu, Power
Development Department reserves the right to reject any or all
the e-Bid documents without assigning any reasons thereof.
(7) The Chief Engineer, System and Operation Wing, Jammu reserves
the right to terminate the tendering process at any stage without
assigning any reasons.
(Sd.) ..............................
Superintending Engineer,
System and Operation Circle-II,
PDD, Jammu.
––––––
No. 35]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
143
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
OFFICE OF THE SUPERINTENDING ENGINEER,
SYSTEM AND OPERATION CIRCLE-II,
AMBEDKAR CHOWK, RAILWAY ROAD, JAMMU,
POWER DEVELOPMENT DEPARTMENT, J&K.
Notice Inviting e-Bids
e-NIT No. 04 of 2015-16 dated 09-11-2015.
The Superintending Engineer, System and Operation Circle-II, Jammu,
Power Development Department, J&K, for and on behalf of the Governor
of Jammu and Kashmir State online e-Bids hereby invites from experienced,
reputed, competent and financially sound Contractors/Self Help Groups/
Companies/Firms/Joint Ventures for construction of 1x50MVA, 132/33KV
portion of the proposed 220/132/33 KV Grid Station at Siot, District Rajouri,
J&K, fulfilling eligibility and qualification requirements specified in the bidding
documents for Turn Key Package for Design Engineering, Manufacture,
testing at manufacture’s work, packing, and forwarding, insurance
transportation to project site, Erection, Testing and Commissioning of various
equipments and materials. Bidders are advised to study the bidding document
carefully. Submission of e-Bid against this Standard Bidding Document
(SBD) shall be deemed to have been done after careful study and examination
of the procedures, terms and conditions of the standard bidding document
with full understanding of its implications. The tender document is available
at website http://jktenders.gov.in. Interested bidders may view/download
the e-Bid document, submit their e-Bid online up to the date and time
mentioned in the table below :––
Scope of the Work
Estimated
Earnest
Cost of tender
Last Date
Cost
Money
Documents
of e-Bids
submission
online
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Design Engineering,
Rs. 1639.49
Rs. 32.78
Rs. 15000/-
27-11-2015
Manufacture, testing
lacs
lacs
(Rupees Fifteen
144
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[No. 35
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
at manufacture’s
Thousand only)
work, packing, and
in the shape of
forwarding, insurance
non-refundable
transportation
bank draft drawn
to project site,
in favour of
Erection, Testing and
Executive
Commissioning of
Engineer,
various equipment
Grid Construction
and materials for
Division, Jammu
construction of
1x50 MVA,
132/33kV Grid Station,
Siot, District
Rajouri, J&K
a. Date and time of downloading of
The Standard Bidding
Standard Bidding Document
Document can be downloaded
from http://jktenders.gov.in
from 10-11-2015 after 1700 Hrs.
b. Pre-Bid meeting
On 17-11-2015 at 1300 hrs. in the
Office of Chief Engineer, System
and Operation Wing, PDD
Complex, Narwal, Jammu, J&K
c. e-Bid submission start date
17-11-2015.
d. Last date for submission of hard
27-11-2015 up to 1600 hrs.
copy of Bid
e. Last date and time for e-Bid
27-11-2015 up to 1600 hrs.
submission
f.
Online Commercial and
04-12-2015.
Technical e-Bid opening
date and time
g. Online financial e-Bid opening
Date and time online financial
date and time
e-Bid opening will be
communicated only to the
Technically Qualified
Bidders.
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 35]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
145
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
h. Estimated cost
Rs. 1639.49 Lacs.
i.
Venue of opening of Technical
Office of Chief Engineer, System
and Financial e-Bids.
and Operation Wing, PDD
Complex, Narwal, Jammu, J&K.
Period of Completion : 18 months after the issue of LOA
The qualifying criteria for the bidders shall be the following :––
(1) The bid of the Firm/Contractors/Self Help Groups/Companies/
Joint Ventures involved in litigation/arbitration with PDD without
completing the works allotted to them shall not be considered
besides, the bidder shall have the following minimum qualification
criteria for submitting the bid––
(a) Average annual financial turnover during last three years
ending 31st March, 2015 should be at least 30% of the
estimated cost.
(b) Experience of having successfully completed similar works
during last seven years ending last day of the month, previous
to the one in which applications are invited should be either
of the following :––
(i) Three similar completed works each costing not less
than the amount equal to 40% of the estimated cost.
Or
(ii) Two similar completed works each costing not less than
the amount equal to 50% of the estimated cost.
Or
(iii) One similar completed work costing not less than the
amount equal to 80% of the estimated cost.
(1) e-Bid may be submitted by––
A single firm that meets all qualification requirements setforth in
para 1 (a) and 1 (b) above.
(a) joint venture of firms having not more than two partners
who shall meet all qualification requirements collectively set
146
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[No. 35
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
forth in 1 (a) & 1 (b) above. Either of the partner can be
designated as lead partner on whose name tender shall be
purchased.
(b) All the e-Bids must be accompanied by the scanned copy
of EMD in the form of Bank Guarantee pledged to the
Executive Engineer, Grid Construction Division, Ambedkar
Chowk, Railway Road Jammu. No Interest would be payable
on Earnest Money deposited with the department.
(c) To submit Hard Copy of original instrument of EMD to Chief
Engineer, System and Operation Wing, PDD Complex,
Narwal, Jammu, J&K before the opening of the Commercial
and Technical e-Bid.
(d) The date and time of opening of financial e-Bids shall be
notified on Website http://jktenders.gov.in. This will be
conveyed to the qualified bidders automatically through an
e-Mail message on their e-Mail address. The Financial bids
shall be opened accordingly online on same Website in the
Office of Chief Engineer, System and Operation Wing,
Jammu, PDD Complex, Narwal, J&K. The e-Bids will be
electronically opened in the presence of bidder’s
representatives, who chooses to attend at the venue, date
and time mentioned in the above table. The bidder’s
representative attending the opening shall have to produce
an authority letter issued by the firm.
(3) This SBD is available on the website http://jktenders.gov.in to
enable the bidders to view, download the e-Bid document and
submit e-Bids online up to the last date and time mentioned in
e-Tender notice/e-Tender document. The bidders shall have to
pay the document fee of Rs. 15000/- (Rupees fifteen thousands
only) through Demand Draft payable to Executive Engineer, Grid
Construction Division, Jammu. The scanned copy of the Demand
Draft must be uploaded along with the e-Bid but the original
No. 35]
The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.
147
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Demand Draft along with hard copy should reach in the Office
of Chief Engineer, System and Operation Wing, PDD Complex,
Narwal, Jammu, (J&K) before opening of tender. The e-Tender
document fee will be non-refundable.
(4) The bidder must be either manufacturer of Power Transformer/
main equipments/gantry structures and other allied material himself
or has to prcure the above material from the reputed firms having
seven years past experience along with relevant test reports of
material.
(5) The intending tenderer are advised to visit work site before quoting.
(6) The foundations of Gantry Columns/Equipments structures would
be laid after approval of drawings submitted by successful
tenderer by CEA/PDD/competent authority.
(7) The Chief Engineer, System and Operation Wing, Jammu Power
Development Department reserves the right to reject any or all
the e-Bid documents without assigning any reasons thereof.
(8) The Chief Engineer, System and Operation Wing, Jammu reseves
the right to terminate the tendering process at any stage without
assigning any reasons.
(Sd.) ..............................
Superintending Engineer,
System and Operation Circle-II,
PDD, Jammu.
148
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[No. 35
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 30th September, 2015.
SRO-344.––In exercise of the powers conferred by sub-section (2)
of section 3 of the Jammu and Kashmir Entry Tax on Goods Act, 2000
(Act No. IV of 2000), the Government hereby exempt from payment of
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Tue., the 30th Sept., 2015/8th Asv., 1937. [No. 26-f
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
entry tax, leviable under the said Act, one full set Laparoscopes, ten number
of Baby Warmers and five number of Photo Led Machines donated/imported
into the State by “Arnericares India Foundation” an NGO to L. D. Hospital,
Srinagar subject to the condition that the Principal, Government Medical
College, Srinagar certifies that the aforementioned goods are exclusively
meant for the L.D. Hospital.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government,
Finance Department.
2
The J&K Govt. Gazette, 30th Sept., 2015/8th Asv., 1937.
[No. 26-f
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
Notification
Srinagar, the 1st October, 2015.
SRO-345.––In exercise of powers conferred by sub-section (1) of
section 12 of the Code of Criminal Procedure, Samvat 1989, the Government
hereby appoint the below mentioned officers to be the Executive Magistrates
of the First Class who shall exercise all the powers of an Executive
Magistrate of the First Class within their respective territorial jurisdiction
of District, Samba :––
S/Shri
1. Ms. Rajni Bala, Tehsildar, Ghagwal ;
2. Sidarath Dhiman, Tehsildar, Rajpura.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government,
Department of Law, Justice and
Parliamentary Affairs.
EXTRAORDINARY
REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
No. 27-a]
The J&K Govt. Gazette, 1st Oct., 2015/9th Asv., 1937.
Thu.
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Acquittal Section)
Notification
Srinagar, the 3rd October, 2015.
SRO-346.––In exercise of the powers conferred by sub-section (1)
of section 492 of the Code of Criminal Procedure, Samvat 1989,
the Government hereby appoint Shri A. A. Teli, Advocate, Srinagar
as Special Public Prosecutor to conduct the acid attack case titled
State Vs. Irshad Wani and Ors. pending trial before the Court of Principal
District and Sessions Judge, Srinagar.
By order of the Government of Jammu and Kashmir.
(Sd.) MOHAMMAD ASHRAF MIR,
Secretary to Government,
Department of Law, Justice and
Parliamentary Affairs.
EXTRAORDINARY
REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
No. 27-b]
The J&K Govt. Gazette, 3rd Oct., 2015/11th Asv., 1937.
Sat.
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 5th October, 2015.
SRO-347.––In exercise of the powers conferred by clause (a) of
section 9 the Jammu and Kashmir Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic Substances Act, 1988 (Act No. XXIII
of 1988, and section 9 of the Jammu and Kashmir Prevention of
Black Marketing and Maintenance of Supplies of Essential
Commodities Act, 1988 (Act No. XXV of 1988), the Government hereby
appoint retired Justice, Mr. B. L. Bhat as Chairman of the Advisory Boards
for the purposes of the said Acts.
By order of the Government of Jammu and Kashmir.
(Sd.) ...............................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY
REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
No. 27-c]
The J&K Govt. Gazette, 5th Oct., 2015/13th Asv., 1937.
Mon.
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––LADAKH AFFAIRS DEPARTMENT
Notification
Srinagar, the 5th October, 2015.
SRO-348.––In exercise of the powers conferred by section 11
of the Ladakh Autonomous Hill Development Council, Act, 1997
(Act No. XXXII of 1997), the Government hereby appoint Principal District
and Sessions Judge, Kargil as the Authority for purposes of the said section.
By order of the Government of Jammu and Kashmir.
(Sd.) B. R. SHARMA, IAS,
Financial Commissioner,
Ladakh Affairs Department.
EXTRAORDINARY
REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
No. 27-d] The J&K Govt. Gazette, 5th Oct., 2015/13th Asv., 1937.
Mon.
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––LADAKH AFFAIRS DEPARTMENT
Notification
Srinagar, the 5th October, 2015.
SRO-349.––In exercise of the powers conferred by section 11
of the Ladakh Autonomous Hill Development Council, Act, 1997
(Act No. XXXII of 1997), the Government hereby appoint Principal District
and Sessions Judge, Leh as the Authority for purposes of the said section.
By order of the Government of Jammu and Kashmir.
(Sd.) B. R. SHARMA, IAS,
Financial Commissioner,
Ladakh Affairs Department.
EXTRAORDINARY
REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
No. 27-e]
The J&K Govt. Gazette, 5th Oct., 2015/13th Asv., 1937.
Mon.
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––LADAKH AFFAIRS DEPARTMENT
Notification
Srinagar, the 5th October, 2015.
SRO-350.––In pursuance of rule 7 of the Ladakh Autonomous Hill
Development Councils (Election) Rules, 1995, and in partial modification of
Notification SRO-307 dated 8th September, 2015, the Government hereby
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Mon., the 5th Oct., 2015/13th Asv., 1937. [No. 27-f
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separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
appoint officers shown in Column (3) to be the Returning Officers /Assistant
Returning Officers in respect of the constituencies indicated in Column (2)
of the sub-joined schedule for conducting 5th General Election to LAHDC,
Leh, 2015 :––
S.
Name of the
Name and Designation of the new
No.
Constituency
Returning Officers/Assistant Returning
Officers
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
15-Chuchot
Shri Sonam Dorjey Namgial, Principal,
Girls HSS, Leh (Returning Officer).
2.
5-Panamik
Shri Tsering Angchok, AEE, Construction
Div. Leh (Returning Officer).
3.
9-Kungyam
Shri Sadiq Ali Wazir, Executive Engineer
PMGSY, Leh (Returning Officer).
4.
16-Upper Leh
Shri Rajesh Kumar Gorka, Lecturer Urdu,
HSS, Chushot Shama (Assistant Returning
Officer).
5.
2-Hundar
Sh. Mohd. Iqbal Khan, Lecturer, Urdu,
HSS, Bogdang (Assistant Returning
Officer).
By order of the Government of Jammu and Kashmir.
(Sd.) B. R. SHARMA, IAS,
Financial Commissioner,
Ladakh Affairs Department.
2
The J&K Govt. Gazette, 5th Oct., 2015/13th Asv., 1937.
[No. 27-f
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF FOREST,
ENVIRONMENT AND ECOLOGY
Notification
Srinagar, the 5th October, 2015.
SRO-351.––In exercise of powers conferred by section 4 of the
Water (Prevention and Control of Pollution) Act,1974, the Government of
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Mon., the 5th Oct., 2015/13th Asv., 1937. [No. 27-g
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separate compilation.
PART III
Laws, Regulations and Rules passed thereunder.
———–
Jammu and Kashmir hereby direct that for entries 01 and 17 appearing in
Notification SRO-270 of 2014 dated 02-09-2014, the following shall be
substituted ; namely :––
Chairman :
01
Shri Abdul Razak, IFS
Chairman
Member-Secretary :
17
Shri Vasu Yadav, IFS
Member-Secretary
This shall come into force with effect from the date they have assumed
the charge as Chairman and Member-Secretary respectively in the Pollution
Control Board.
By order of the Government of Jammu and Kashmir.
(Sd.) RAKESH K. GUPTA, IAS,
Principal Secretary to Government,
Department of Forest, Environment and Ecology.
2
The J&K Govt. Gazette, 5th Oct., 2015/13th Asv., 1937.
[No. 27-g
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 5th October, 2015.
SRO-352.––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 exempt from payment of
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Mon., the 5th Oct., 2015/13th Asv., 1937. [No. 27-h
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separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
levy of toll leviable under the said Act, forty tons of cattle feed to be imported
into the State by Brahmirishi Shri Dhudhadhari Barfani Ashram Hardwar
as donation free of cost for use in Shri Ram Gowshalla Babliyana, Jammu
provided that the Pardhan of Shri Ram Gowshalla Babliyana, Jammu certifies
that the cattle feed so imported is exclusively meant for the aforesaid
purpose.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government,
Finance Department.
2
The J&K Govt. Gazette, 5th Oct., 2015/13th Asv., 1937.
[No. 27-h
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 6th October, 2015.
SRO-353.––In exercise of the powers conferred by proviso to
section 124 of the Constitution of Jammu and Kashmir, the Governor is
pleased to direct that the following amendments shall be made in the Jammu
and Kashmir Civil Services (Leave) Rules, 1979, namely :––
1.
For rule 41, the following rule shall be substituted, namely :––
“41(1). Maternity Leave.––(i) A woman employee
(including an apprentice) may be granted Maternity leave by an
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Tue., the 6th Oct., 2015/14th Asv., 1937. [No. 27-i
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separate compilation.
PART III
Laws, Regulations and Rules passed thereunder.
———–
authority competent to grant leave for a period which may extend
up to 180 days from the date of its commencement.
(ii) Maternity leave shall be available up to two living
children only.
(iii) Maternity leave not exceeding six weeks may also be
granted to a woman employee (irrespective of number of children
she has) in case of miscarriage including abortion, on production
of medical certificate as laid down in rule 19.
(iv) During such period, she shall be paid leave salary equal
to pay drawn immediately before proceeding on leave.
(v) Maternity leave may be combined with leave of any
other kind.
(vi) Maternity leave shall not be debited against leave
account.”
“(2). Paternity Leave.––A male employee (including an
apprentice) may be granted Paternity Leave by an authority
competent to grant leave for a period of 15 days, during the
confinement of his wife for childbirth, i. e. around 15 days before
expected date of delivery, or up to six months from the date of
delivery of the child. During the period of such leave, he shall be
paid leave salary equal to the pay drawn immediately before
proceeding on leave. Paternity leave shall not be debited against
the leave account and may be combined with any other kind of
leave (as in case of maternity leave). It may not normally be
refused under any circumstances.”
By order of the Governor.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government,
Finance Department.
2
The J&K Govt. Gazette, 6th Oct., 2015/14th Asv., 1937.
[No. 27-i
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 6th October, 2015.
SRO-354.––In exercise of the powers conferred by proviso to
section 124 of the Constitution of Jammu and Kashmir, the Governor is
pleased to direct that following amendments shall be made in Jammu
and Kashmir Family Pension-cum-Gratuity Rules, 1964 as contained in
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Tue., the 6th Oct., 2015/14th Asv., 1937. [No. 27-j
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.
———–
Schedule XV of Jammu and Kashmir Civil Services Regulations Vol. (II) ;
namely :––
In rule 22.––
In sub-rule (a) ;
I. after clause (iv), the following clause shall be added,
namely :––
“(v) failing (i) to (iv) to the divorced daughter.”
II. after Note 2, following Note shall be added, namely :––
“Note 3.––Subject to fulfillment of other conditions as laid
down under these rules, the widowed/divorced daughter of
a Government servant/pensioner will be eligible for family
pension with effect from the date of issuance of respective
orders, irrespective of the date of death of the Government
servant/pensioner. Family pension of unmarried/widowed/
divorced daughter and dependent parents shall be payable
only after the other eligible family members have ceased to
be eligible to receive family pension and there is no disabled
child to receive the family pension. Grant of family pension
to children in respective categories shall be payable in order
of their date of birth and younger of them will not
be eligible for family pension unless the next above
him/her has become ineligible for grant of family pension.
The dependency criteria for the purpose of family pension
shall be the minimum family pension i. e. Rs. 3500 p. m.
along with dearness relief thereon.”
By order of the Governor.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Commissioner/Secretary to Government,
Finance Department.
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[No. 27-j
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GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––GENERAL ADMINISTRATION
DEPARTMENT
(Administration Section)
Subject :––Updating the National Population Register (NPR) and seeding
Aadhar in the NPR database.
–––––
Reference :––Notification No. S. O. 1694(E) dated 25th June, 2015.
––––––
Government Order No. 1431-GAD of 2015
Dated 29-10-2015.
Sanction is hereby accorded to the notification of the following schedule
for the State of J&K for conducting field work for house-to-house
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Thu., the 29th Oct., 2015/7th Kart., 1937. [No. 31-1
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.
———–
enumeration and for collection of information relating to all persons in
order to update the National Population Register :––
S. No.
Areas
Dates
––––––––––––––––––––––––––––––––––––––––––––––––––––––
From
To
––––––––––––––––––––––––––––––––––
1.
Non-Snow Bound
16th November, 2015
15th December, 2015
2.
Snow Bound
16th May, 2016
14th June, 2016
It is further ordered that all the Registrars of Citizens Registration as
notified vide SRO-399 dated 29-10-2015 shall undertake the exercise within
their notified jurisdiction as per the above indicated schedule.
By order of the Government of Jammu and Kashmir.
(Sd.) GAZZENFER HUSSAIN,
Commissioner/Secretary to the Government,
General Administration Department.
2
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[No. 31-1
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Mon., the 16th Nov., 2015/25th Kart., 1937.
[No. 33-1
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,
J&K, SRINAGAR.
Present : Mr. Zubair A. Raza (District and Sessions Judge)
Presiding Officer
––––––
File No. 859/ITLC/2011.
Date of Institution : 19-09-2011.
Date of Award : 30-06-2015.
––––––
Mohd. Ayoub Mir, Ex. Senior Manager, SIDCO, R/o Baghat Barzulla,
Srinagar
Petitioner
Versus
Managing Director, J&K State Industrial Development Corporation Ltd.,
Drabu House, Ram Bagh, Srinagar.
Respondent.
In the Matter of :––Petition under section 33 (c), sub-section (2) of
Industrial Disputes Act, 1947 read with section 15,
sub-section 3 of Payment of Wages Act for recovery
of the amount of leave salary for the period of 1.50
months (45 days only) due to the Petitioner.
_______
AWARD
Petition under section 33-C (2) of Industrial Disputes Act read with
section 15, sub-section (3) of Payment of Wages Act was preferred by the
petitioner averring therein that the petitioner was appointed initial
appointment as senior stenographer w. e. f. December, 1981 and retired
on superannuation on 30th June, 2010 vide Order No. SIDCO/CO/10/214
dated 17-07-2010. Corporation was brought within the domain of State
with regard to the rules and regulations applicable to the employees of the
SIDCO as such leave rules were made applicable to the respondents.
That in terms of SRO-124 dated 17-04-1998 the respondents are
bound to pay ten (10) months leave salary to the petitioner and vide
Government Notification Order No. 19GR of 1980 dated 20-04-1980 ten
months leave salary is admissible. That the petitioner is a workman and
Respondent No. 1 is the employer under section 22 of Industrial Disputes
Act and is responsible for the payment of wages under section 3 of the
Act. That the petitioner is entitled to receive the leave salary for a period of
ten months whereas the respondent has paid only 255 days leave salary to
the petitioner who is otherwise entitled to receive 300 days leave salary
due to him. That the leave salary is the retirement benefit of the petitioner
and the petitioner is within his rights to seek the redressal of his grievance
under the provisions of Payment of Wages Act. That the cause of action
has accrued to the petitioner on the date when the leave salary became due
that is 30-06-2010 and is recurring cause as being a claim against the
respondents. That the petitioner was appointed in District Srinagar and the
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respondents Headquarters is also within the jurisdiction of this Hon’ble
Tribunal. Petitioner finally prayed that a direction be issued to the
respondents under section 15, sub-section (3) of the Payment of Wages
Act for the payment of leave salary to the tune of Rs. 73,560/- as per last
pay certificate (Revised) issued by the SIDCO.
Notice was issued to the respondents whereupon learned standing
counsel for the respondents caused appearance and filed objections averring
therein that the petitioner was an employee of the Corporation who retired
on 30-06-2010 and had taken all the benefits as are admissible under the
corporation rules. That the petitioner has taken his leave salary benefits at
the time of his retirement subject to the non-availability of leave as per
Corporation rules and nothing is withheld with the Corporation. That this
court has no jurisdiction to entertain such claims after the retirement of any
employee as the petitioner has accepted the benefits at the time of retirement
from the employment of the Corporation and the petitioner has no reason to
claim the benefits which are not admissible under SIDCO rules as the
Corporation is paying salary to the employees out of its own resources and
has no Budgetary support of the State or the Central Government. That as
per Order No. SIDCO/MD/CO/08/182 dated 17-10-2008 of the competent
authority the J&K Service (Leave) Rules have been made applicable to
the employees of this Corporation SIDCO. Leave salary cannot dispute
the rules after retirement from Corporation.
The file was posted for further proceedings. I have heard the learned
counsel for the petitioner and the respondents also. I have also perused the
connected record placed on file and from the perusal of the service record
it reveals that the petitioner superannuated on 30-06-2010. It further reveals
that upon superannuation leave salary for 45 days was also sanctioned by
the respondents.
It is apt to reproduce section 33 C (2) of Industrial Disputes
Act, 1947 which reads as under––
“Where any workman is entitled to receive from the employer
any money or any benefit which is capable of being computed in
No. 33-1]
The J&K Govt. Gazette, 16th Nov., 2015/25th Kart., 1937.
3
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terms of money and if any question arises as to the amount of
money due or as to the amount at which such benefit should be
computed then the question may subject to any rules that may be
made under this Act be decided by such Labour Court as may be
specified in this behalf by the appropriate Government within a
period not exceeding three months provided where the Presiding
Officer of Labour Court considers it necessary and expedient so
to do he may for the reasons to be recorded in writing extend such
period by such further period as he may think fit.”
It is apt to reproduce section 15, sub-section (3) of Payment of Wages
Act which reads as under––
“When any application under sub-section (2) is entertained, the
authority shall hear the applicant and the employer or the other
person responsible for payment of wages under section 3, or give
them an opportunity of being heard, and after such further inquiry
(if any) as may be necessary, may, without prejudice to any other
penalty to which such employer or other person is liable under this
Act, direct the refund to the employed person of the amount
deducted, or the payment of delayed wages, together with the
payment of such compensation as the authority may think fit, not
exceeding ten times the amount deducted in the former case and
[not exceeding twenty-five rupees in the later, and even if the
amount deducted or the delayed wages are paid before the disposal
of the application, direct the payment of such compensation, as
the authority may think fit, not exceeding two thousand rupees] :”
From the perusal of the provisions contained under section 33 C (2)
of Industrial Disputes Act, 1947 as well as under section 15,
sub-section (3) of the Payment of Wages Act, 1936 it reveals that this
tribunal is competent to adjudicate. From the perusal of record it is established
which is not also disputed by the respondents that the petitioner hereinabove
was a bona fide employee of the SIDCO who superannuated
on 30-06-2010 as reflected in the copy of the service book placed on file.
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This factum of retirement of petitioner on 30-06-2010 has been admitted by
the respondent in Para 1 of their objections placed on the file. It has also
been admitted by the respondent that J&K Service (Leave) Rules have
been made applicable to the employees of SIDCO accorded for adoption
of the J&K Service (Leave) Rules were made applicable to the employees
of the Corporation. It is also not out of place to mention that against the
clear admission of the respondents there was no scope for this Tribunal to
hold further enquiry.
Therefore, it is not understood that when J&K Service (Leave) Rules
were made applicable with effect from SRO-124 dated 17-04-1998. Then
why leave salary was withheld by the SIDCO Corporation as the petitioner
had retired on 30-06-2010. Who was entitled for 10 months leave encashment
salary but the same was withheld by the SIDCO which speaks volumes
about the conduct of the Corporation while dealing with its own employees
and took a different stand that since the petitioner has already retired and
therefore any claim of the petitioner shall not be reopened. However, it is
made clear that the claim of the petitioner has been withheld by the
Corporation. Who was otherwise entitled to 10 months Leave Salary
encashment and the claim of the petitioner is recurring as such is not hit by
any limitation period. It has also surprised this tribunal that when the
applicability of J&K Service (Leave) Rules have been admittedly made
applicable then on what justification the claim of the petitioner stands
withheld. It is not out of place to mention that J&K Service (Leave)
Rules were made applicable vide Office No. SIDCO/MD/CO/08/182
dated 17-10-2008 with effect from immediate effect as per J&K Civil Service
Rules, 1979 by none other than the respondent Corporation itself, thus
non-disbursement to the petitioner amounts to withholding of valid claim of
the petitioner which cannot be permitted in those circumstances. More so
the claim of the petitioner has already been recognized and settled by the
respondents when the J&K Service (Leave) Rules were made applicable
to the Corporation as such are required to be computed and paid to the
petitioner hereinabove without any inordinate delay. Therefore, in such
circumstances it is held that the petitioner is entitled to leave encashment
salary of 10 months as per J&K Service (Leave) Rules are applicable in
No. 33-1]
The J&K Govt. Gazette, 16th Nov., 2015/25th Kart., 1937.
5
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Corporation. As such petitioner is entitled for ten months leave salary and
he has already received leave salary for 255 days so rest 45 days are to be
payable which amount Rs. 73,560/- only any amount already received on
account of leave encashment salary by the petitioner shall be deducted.
It is further directed that respondents shall also pay an amount of
Rs. 3000/- as compensation to the petitioner. The amount shall be paid to
the petitioner within a period of one month from the date of Award by the
respondent failing which the petitioner shall be entitled to interest @ 8%
per annum.
For what has been discussed above, I am of the concerned view that
the petitioner is entitled to the relief claimed by him. The file after due
completion be consigned to records under rules.
A copy of this award be sent to the Government of Jammu and Kashmir
through its Commissioner/Secretary, Labour Department for information
and publication in the Government Gazette.
Announced :
30-06-2015.
(Sd.) ZUBAIR A. RAZA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal/Labour Court,
J&K, Srinagar.
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THE J&K STATE INFORMATION COMMISSION
(MANAGEMENT) REGULATIONS, 2015.
Notification
No. 1/JKSIC/2015
Dated 17-11-2015.
In exercise of the powers conferred by section 12(4) of the J&K
Right to Information Act, 2009 (Act No.VIII of 2009) and all other provisions
enabling in this behalf, the State Chief Information Commissioner hereby
makes the following Regulations for management of the affairs of the
State Information Commission so as to enable it to function effectively.
CHAPTER I
1. Short title and commencement.––(i) These Regulations may be
called “the J&K State Information Commission Procedure (Management)
Regulations, 2015”.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Tue., the 17th Nov., 2015/26th Kart., 1937. [No. 33-2
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.
———–
(ii) They shall come into force with effect from the date they are
notified in the Government Gazette.
2. Definitions.––In these Regulations unless the context otherwise
requires,––
(a) “Act” means the J&K Right to Information Act, 2009
(Act No. VIII of 2009) ;
(b) “Appellant” means any person who files second appeal under
section 16 of the Act ;
(c) “Complainant” means any person who files complaint under
section 15 of the Act ;
(d) “Commission” means the J&K State Information
Commission ;
(e) “Complaint” and “appeal” mean complaint and second appeal
under section 15 and 16 of the Act respectively ;
(f) “Division Bench” means a Bench comprising of Chief
Information Commissioner and one State Information
Commissioner, or two State Information Commissioners as
the case may be, as constituted by the Chief Information
Commissioner ;
(g) “Decision” includes an order, direction or determination of an
issue ;
(h) “First Appellate Authority” means an authority so appointed
or notified by the public authority under the Act and includes a
head of the office or the head of the public authority if no first
appellate authority is appointed or notified ;
(i) “Full Bench” means a Bench comprising of Chief Information
Commissioner and State Information Commissioner/
Commissioners as constituted by the Chief Information
Commissioner ;
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(j) “PIO” means an officer designated by a public authority under
section 5(1) of the Act and includes an Assistant PIO so
designated or notified under section 5(2) of the Act and it also
includes––
(i) an officer to whom an application submitted under the
J&K Right to Information Act, 2009, seeking certain
information is transferred under section 5(4) of the
Act ; and
(ii) the Head of the public authority in case no PIO is
appointed or notified.
(k) “Prescribed” means prescribed by or under the Act or under
the Rules or Regulations.
(l) “Records” mean the aggregate of documents relating to an
appeal or complaint including pleadings, rejoinders, comments,
proceedings, documentary or oral evidence, decision, orders
and all other documents filed with or annexed to an appeal or
complaint or submitted subsequently in connection with such
appeal or complaint.
(m) “Registry” means the Registry of the Commission comprising
of the Registrar(s), Additional Registrar(s), Joint Registrar(s),
Deputy Registrar(s) or Assistant Registrar(s) ;
(n) “Registrar” means the Registrar of the Commission appointed
by the Government and unless the context otherwise requires
includes an Additional Registrar, a Joint Registrar, a Deputy
Registrar. In case Gazetted Officer(s) is not available, the
Commission may designate an official as Assistant Registrar ;
(o) “Regulation” means Regulation framed herein ;
(p) “Representative” means a person duly authorized by the
appellant/complainant to represent proceedings and may
include a person who may not be an Advocate ;
No. 33-2]
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3
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(q) “Respondent” includes an intervener or a third party or a party
impleaded by the Commission in an appeal/complaint as the
case may be ;
(r) “Rules” mean the Rules framed by the State Government
under section 24 of the Act ;
(s) “State Chief Information Commissioner” means the Chief
Information Commissioner appointed under the Act ;
(t) “State Information Commissioner” means State Information
Commissioner appointed under the Act ;
(u) “Section” means section of the Act ;
(v) “Single Bench” means a Bench comprising of Chief
Information Commissioner or one State Information
Commissioner ;
(w) Words and expressions used herein but not defined shall have
the same meaning assigned to them in the Act or in the Rules.
CHAPTER II
Officers of the Commission and their functions
3. Designation of Registrar.––The Commission may designate one
or more of its officers in the Commission to function and act as Additional
Registrar(s), Joint Registrar(s), Deputy Registrar(s) and provide other staff
that may be necessary to assist the Registrar in the performance of his
duties and responsibilities. In case an officer in the gazetted rank is not
available, the Commission may designate an official from sub ordinate cadre
as Assistant Registrar for smooth working of the Registry.
4. Powers and functions of the Registrar.––(i) The Registrar shall
be the Chief Executive of the Commission on the judicial side. Any
communication addressed to him shall be deemed to be addressed to the
Commission and the Commission will be represented by him in all judicial
matters.
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[No. 33-2
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(ii) The Registrar shall discharge his functions under the control and
superintendence of the Chief Information Commissioner.
(iii) All judicial records of the Commission shall be in the custody of
the Registrar.
(iv) The Official Seal of the Commission shall be kept in the custody
of the Registrar.
(v) Subject to any general or special directions of the Chief
Information Commissioner, the Official Seal of the Commission shall be
affixed to any order, summons or other process under the authority of the
Registrar.
(vi) The Official Seal of the Commission shall not be affixed to any
certified copy issued by the Commission save under the authority of the
Registrar.
(vii) The office of the Registrar shall receive all applications,
complaints, appeals, counter statements, replies and other documents.
(viii) The Registrar shall decide all questions arising out of the scrutiny
of the appeals and complaints and communicate the deficiencies, if any, to
complainant/appellant, returnable within 15 days, and in case the deficiencies
are not removed within the time frame the Registrar shall place the case
before the Commission for appropriate orders.
(ix) The Registrar may require any application, appeal, counter
statement, replies presented to the Commission to be amended in
accordance with these Regulations and direct any formal amendment of
such records.
(x) The Registrar shall fix the date of hearing of appeal, complaint or
other proceedings and may prepare and notify in advance a cause list in
respect of the cases listed for hearing, particularly the appeal(s) shall be
listed at the earliest to enable the Commission to decide the appeal within
the time frame prescribed under section 16(11).
No. 33-2]
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(xi) The Registrar may, on payment of a fee prescribed for the purpose,
grant leave to a party to the proceedings to inspect the record of the
Commission under supervision and in presence of an officer of the
Commission.
(xii) Copies of documents authenticated or certified shall be provided
to the parties to the proceedings only under the authority of the Registrar.
(xiii) The Registrar shall communicate the decisions, orders or
directions of the Commission to the concerned person/persons, and all such
communications signed or authenticated by the Registrar or under his
authority shall be deemed to be the communications from the Commission.
(xv) The Registrar shall be responsible for ensuring compliance of
the orders, directions or decisions passed by the Commission and to take all
necessary steps in this regard.
(xvi) The Registrar shall exercise all such powers and discharge all
such functions as are assigned to him by these Regulations or by the Chief
Information Commissioner from time to time.
(xvii) The Registrar shall assist all Information Commissioners in
discharge of their functions.
(xviii) The Additional Registrar shall have all the powers conferred
on a Registrar and will exercise all the functions of the Registrar under his
guidance.
(xxi) The Registrar may with the approval of the Chief Information
Commissioner delegate to a Joint Registrar, Deputy Registrar or Assistant
Registrar any function required to be performed under these Regulations
for the smooth functioning of the proceedings before the Commission under
the Act.
CHAPTER III
5. Working hours, sittings and vacations etc.––Subject to any
order by the Chief Information Commission, the office of the Commission
6
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[No. 33-2
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will be open on all working days from 9.30 AM to 5 PM when Secretariat
is at Jammu during winter session and at Srinagar during summer session
observing 5 day week. The offices of Commission in Srinagar and Jammu
shall observe same office timings and working hours as are observed by
Government offices in Srinagar during winter and in Jammu during summer
season with 2nd and 4th Saturday off.
CHAPTER IV
Registration and Return of Appeal
6. Appeal or complaint etc. to be in writing.––Every appeal,
complaint, application, statement, rejoinder, reply or any other document
filed before the Commission shall be computerized typed in double space
and printed preferably on Judicial Paper (Green) and the language used
therein shall not be in any way indecent or abusive. The complaint/appeal,
shall be presented in the Commission in three sets.
7. Contents of appeal or complaint.––An appeal or a complaint to
the Commission shall contain the following information, namely :––
(i) name, address, with any valid proof of residence and Phone
No. of the complainant/appellant ;
(ii) Particulars of the Public Information Officer (PIO) and First
Appellate Authority (FAA) against whom a complaint/first
Appeal is made under section 15 and 16 (i) of the Act, as the
case may be ;
(iii) particulars of the decision or order, against which the appeal
is preferred ;
(iv) brief facts of the appeal or the complaint ;
(v) prayer or relief sought ;
(vi) grounds for the prayer or relief ;
(vii) verification by the appellant or the complainant ;
No. 33-2]
The J&K Govt. Gazette, 17th Nov., 2015/26th Kart., 1937.
7
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(viii) any other information which the Commission may deem
necessary for deciding the appeal or complaint.
8. Documents to accompany appeal or complaint.––Every appeal
or complaint made to the Commission shall be accompanied by self attested
copies/photo copies of the following documents, namely :––
(i) The RTI application submitted before the PIO along with
documentary proof as regards payment of fee under the J&K
RTI Act, 2009, where the applicant is a person belonging to
BPL category, he shall attach proof of the same ;
(ii) The order, or decision or response, if any, from the PIO to
whom the application under the RTI Act was submitted ;
(iii) The First Appeal submitted before the First Appellate Authority
(FAA) with documentary proof of fling the First Appeal ;
(iv) The orders or decision or response, if any, from the First
Appellate Authority against which the appeal or complaint is
being preferred ;
(v) The documents relied upon and referred to in the appeal or
complaint ;
(vi) A certificate stating that in respect of information sought which
is the subject matter of appeal––
(a) No other request for information or an application or
contents regarding the same subject has been previously
filed or is pending with any public authority and if so,
particulars there off ;
(b) No appeal, complaint or petition is pending with any court
or tribunal or with any other authority including the first
Appellate Authority or a Public Authority ; and
(c) Is not covered by any other appeal, complaint or petition
filed before the Commission and if so, the result
there off.
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[No. 33-2
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(vii) An index of the documents referred to in the appeal or
complaint ; and
(viii) A list of dates briefly indicating in chronological order the
progress of the matter up to the date of filing the appeal or
complaint to be placed at the top of all the documents filed.
9. Presentation and scrutiny of appeal or complaint––(i) The
Registrar shall receive an appeal or complaint addressed to the Commission
and ensure that it is as per Clause 7 & 8 above.
(ii) The Registrar shall scrutinize every appeal/complaint received
and will ensure––
(a) that the appeal or the complaint is duly verified and required
number of copies are submitted ;
(b) That all the documents annexed are duly self attested by the
appellant or the complainant ;
(c) That the copies of the documents filed and submitted are clear,
and legible ;
(iii) That Registrar shall intimate the deficiency (ies) to the appellant/
complainant for its removal/completion within 15 days from the date of
receipt of the deficiency notice.
(iv) The Registrar shall place before the Chief Information
Commissioner the following cases for appropriate orders of the Commission
and the orders so passed shall be communicated to the appellant/complainant
as the case may be :––
(a) any appeal if it is time-barred ; or
(b) any appeal/complaint if it is otherwise inadmissible ; or
(c) any appeal/complaint if it is not in accordance with these
Regulations.
No. 33-2]
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(v) All appeals and complaints not rejected or returned as above and
found in order shall be registered and a specific number will be allocated.
(vi) The Registrar or any other officer authorized by the Commission
shall indicate on every appeal or complaint as referred in (vi) above, the
date on which it is admitted by Registrar.
(vii) The appeals and complaints shall bear separate file numbers of
the respective registry i. e. Central Office Registry, Jammu Office Registry
and Srinagar Office Registry as prescribed.
(viii) If the appellant/complainant fails to remove the deficiencies/
rectify the defects within the time allowed in clause (IV) of the above, the
appeal or complaint shall be deemed to have been rejected.
9. Filing of counter statement by the Public Information Officer
or the First Appellate Authority.––Upon admission of a complaint/appeal,
a notice shall be served to PIO/FAA or the Public Authority for filing counter
statement along with documents, if any, returnable within 7 days in case of
Appeal and within 15 days in respect of the Complaint from the date of
receipt of notice. The copy of the written statement may also be provided
to the complainant/appellant by the PIO/FAA or the Public Authority as the
case may be.
10. Date of hearing to be notified.––After admission of the
appeal/complaint the Commission shall fix the date of hearing and notify
the same to the parties.
11. Posting of appeal or complaint before the Information
Commission.––(i) An appeal or a complaint, or a class/categories of appeals
or complaints, shall be heard either by a Single Bench comprising of State
Chief Information Commissioner or State Information Commissioner or a
Division Bench comprising of State Chief Information Commissioner and
State Information Commissioner, or two State Information Commissioners
or a Full Bench comprising of State Chief Information Commissioner and
two State Information Commissioners, as decided by the State Chief
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Information Commissioner by a special or general order issued for this
purpose from time to time.
(ii) Where in the course of the hearing of an appeal or complaint or
other proceedings before a Single Information Commissioner, the
Commissioner considers that the matter should be dealt with by a Division
or Full Bench, he shall refer the matter to the State Chief Information
Commissioner by a reasoned order who may thereupon constitute such a
Bench for the hearing and disposal of the matter.
(iii) Similarly, where during the course of the hearing of a matter
before a Division Bench, the Bench considers that the matter should be
dealt with by a Full Bench, it shall refer the matter to the State Chief
Information Commissioner by a reasoned order who may thereupon
constitute such a Bench for the hearing and disposal of the matter.
12. Withdrawal of an appeal or complaint.––The Commission
may in its discretion allow a prayer for withdrawal of an appeal or complaint
during the course of its hearing if such a prayer is made by the appellant or
complainant on an application made in writing. However, no such prayer
may be entertained by the Commission after the matter has been finally
heard or a decision or order has been pronounced by the Commission.
13. Presence of the appellant or complainant.––(i) The appellant
may seek the assistance of any person while presenting his case before the
Commission and the person representing him may not be a legal practitioner.
The person representing the appellant must have a proper authority duly
signed.
(ii) If the appellant decides not to be present either personally or
through his duly authorized representative during the hearing of an appeal
before the Commission, the Commission may pronounce its decision or
order in the matter on the basis of record available.
(iii) If an appellant/complainant or PIO/FAA whosoever is represented
by an Advocate, the Advocate shall file a WAKALATNAM duly attested
and affixed with a stamp of Rs. Ten.
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(iv) The Commission, if it deems necessary, may seek the personal
presence of the appellant or the complainant for disposal of such appeals/
complaints.
(v) If the complainant, whose personal appearance has been sought
fails to appear before the Commission on the date of hearing of the complaint,
the Commission may proceed against him in terms of section 15 of the
J&K RTI Act, 2009 read with section 30 and 32 of the Code of Civil
Procedure Svt. 1977. Further, the Commission may also dismiss the
complaint for non-appearance in terms of order 9 rule 8 of the Code of
Civil Procedure Svt. 1977.
14. Evidence before the Commission.––(1) In deciding an appeal
or a complaint, the Commission may,––
(i) receive oral or written evidence on oath or on affidavit from
concerned person or persons ;
(ii) peruse or inspect documents, public records or copies
thereof ;
(iii) inquire through authorized officer further details or facts ;
(iv) examine or hear in person or receive evidence on affidavit
from Public Information Officer, Assistant Public Information
Officer or such Senior Officer who decided the first appeal or
such person or persons against whom the complaint is made
as the case may be ; or
(v) examine or hear or receive evidence on affidavit from a third
party, or an intervener or any other person or persons, whose
evidence is considered necessary or relevant.
(2) The State Information Commission shall, while inquiring into
any matter under section 15 of the Act have the same powers as are vested
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in a civil court while trying a suit under the Code of Civil Procedure Svt.
1977 in respect of the following matters, namely :––
i. summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to
produce the documents or things ;
ii. requiring the discovery and inspection of documents ;
iii. receiving evidence on affidavit ;
iv. requisitioning any public record or copies thereof from any
Court or Office ;
v. issuing summons for examination of witnesses or
documents ; and
vi. any other matter which may be prescribed.
(3) As provided under section 32 (c) of Code of Civil Procedures
Svt. 1977 the Commission may impose fine up to Rs. 5000/- on such officer
not responding to the summons under clause (i) of the Regulations 14(2)
above.
15. Issue of summons.––Summons to the parties or to the witnesses
for appearance or for production of documents or records or things shall be
issued by the Registrar under the authority of the Commission, and it shall
be in such form as may be prescribed by the Commission.
16. Conduct of an enquiry.––The Commission may order Registrar
or any other officer of the Commission to assist in the conduct of enquiry in
connection with any complaint pending before it and Commission while
conducting the enquiry shall have all the necessary powers including
power to––
(i) summon and enforce attendance of persons ;
(ii) compel production of documents or things ;
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(iii) administer oath and to take oral evidence or to receive
affidavits or written evidence on solemn affirmation ;
(iv) inspect documents and require discovery of documents ; and
(v) requisition any public record or documents from any public
authority.
17. Communication of decisions and orders.––(i) Every decision
or order of the Commission shall be signed and dated by the Commissioner
or Commissioners who have heard the appeal or the complaint or have
decided the matter.
(ii) Every decision/order of the Commission may be communicated
to the parties under authentication by the Registrar or any other officer
authorized by the Commission in this regard and a copy placed on
Commission website.
(iii) Every such decision or order, whenever pronounced by a Single
Bench or by a Division Bench or by a Full Bench, shall be deemed to be the
decision or order by the Commission under the Act.
18. Use of information accessed under RTI Act.––In consonance
with the preamble of the Act and in order to promote transparency and
accountability, the Commission while deciding a complaint/appeal may
pass a direction wherever it deems necessary asking the information seeker
to intimate the Commission end use of the information which he has been
provided under RTI Act by the PIO directly or on the intervention of the
Commission.
CHAPTER V
Miscellaneous
19. Seal and emblem.––The official seal and emblem of the
Commission shall be such as the Commission may specify.
20. Language of the Commission.––(i) An appeal or a complaint
may be filed in English or in Urdu/Hindi and all the documents or copies
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thereof shall also be filed in English/Urdu/Hindi. Where a document, in
original, is in a language other than English/Urdu or in Hindi, a certified
authenticated copy of its translated version in English/Urdu or in Hindi shall
also be filed along with the original. This shall also apply in the case of a
counter statement, rejoinder, reply or any other document or documents
filed before the Commission. The appeal or complaint shall be written
in English or Urdu and shall be neat and clean and preferably typed on
Judicial/Green paper.
(ii) Appeals and complaints which have already been filed before the
date of commencement of these Regulations and have been found in order
and are already registered before this date will be proceeded with as before
and shall not abate for any infirmity therein but these regulations will be
applicable for any prospective action even in regard to such pending appeals
and complaints.
By the order of the Commission.
(Sd.) RENU MAHAJAN,
Joint Registrar,
J&K State Information Commission.
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