THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128]

Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937.

[ No. 40

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

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

Departments,

Provincial

Heads,

Magistrates and other officers competent to

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

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

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

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

(b) Rates and wages ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

360-362

439-446

79-80

493-508

173-178

193-196

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.

Notification

No. 375 Dated 05-10-2015.

It is hereby notified that vide High Court Order dated 29-09-2015

Mr. Sucha Singh S/o Mr. Bachan Singh R/o H. No. 107, Sector No. 4,

Sanjay 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, 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-346/15 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. 376 Dated 05-10-2015.

It is hereby notified that vide High Court Order dated 29-09-2015

Mr./Ms. Shaheryar S/o/D/o Mr. Bashir Ahmad Agoo R/o 107, Khalid Abad,

Baghat Barzulla, 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, subject to the

360 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

361

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

verification of his/her provisional/LL.B Degree Certificate and verification

of his/her Character and antecedent from the concerned agency. His/Her

name has been entered under Serial No. JK-349/15 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. 377 Dated 05-10-2015.

It is hereby notified that vide High Court Order dated 29-09-2015

Mr. Hritik Badyal S/o Mr. Ravi Parkash R/o H. No. 1312, Indra Colony,

Janipur, 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, 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-332/15 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. 378 Dated 05-10-2015.

It is hereby notified that vide High Court Order dated 29-09-2015

Mr./Ms. Sumeerah Yousuf S/o/D/o Mr. Mohammad Yousuf Bhat

R/o Ushkara, Baramulla 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

362 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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

verification of his/her provisional/LL.B Degree Certificate and verification

of his/her Character and antecedent from the concerned agency. His/Her

name has been entered under Serial No. JK-331/15 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. 381 Dated 05-10-2015.

It is hereby notified that vide High Court Order dated 29-09-2015

Mr. Noor Mohammad S/o Mr. Abdul Rehman R/o Maisuma, Gowkadal,

Srinagar A/P Naseem Bagh, Habak, 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,

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-380/15 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.) KANEEZ FATIMA,

Registrar General.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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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.

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––GENERAL ADMINISTRATION

DEPARTMENT.

Subject :––Confirmation of the Junior Scale KAS, Probationers of 2012(I)

Batch.

Reference :––Notification Nos. PSC/EXAM/2013/60 dated 17-07-2013

and PSC/EXAM/2014/09 dated 04-02-2014 from the J&K

Public Service Commission.

––––––––

Government Order No.1461-GAD of 2015

Dated 19–11–2015.

In pursuance of rule 22(1)(a) of the Jammu and Kashmir Civil

Services (Classification, Control and Appeal) Rules, 1956 read with rule 4

of the Jammu and Kashmir Combined Competitive Service (Probation and

Examination) Rules, 2000, it is hereby ordered that the

following Junior Scale KAS Probationers, appointed vide Government

Order No. 02-GAD of 2012 dated 02-01-2012, shall be deemed to have

completed their period of probation satisfactorily :––

S. No.

Name of the Officer

(Mr./Ms.)

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

Shafiq Ahmad Wani

Iqbal Hussain Mir

Irfan Ali Khan

Arshad Hussain Ganai

Nazir Ahmad Bhat

Ch. Mohd Nawaz

Sheikh Enayattullah

Samrinder Sing

Deep Novel Kour

10.

Mohd Imran Niak

11.

Diksha Bamba

12.

Sheikh Salahu-ud-Din

13.

Mudasirah

14.

Naveed Hussain Badroo

15.

Jigmet Raftan

16.

Javaid Ahmed malik

17.

Saima Sharief Khan

440 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

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

18.

Abdul Majeed Rather

19.

Qaiser Mehmood

20.

Ashwani Hansa

21.

Ashu Kumari

22.

Imtiaz

23.

Arti

24.

Chander Shakher Sharma

By order of the Government of Jammu and Kashmir.

(Sd.) KHALID MAJEED,

Additional Secretary to the Government.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––GENERAL ADMINISTRATION

DEPARTMENT.

Subject :––Confirmation of the Junior Scale KAS, Probationers of 2011

Batch.

Reference :––Notification Nos. PSC/Exam/2012/97 dated 03-07-2012,

PSC/Exam/2012/173 dated 13-12-2012, PSC/Exam/2013/

60 dated 17-07-2013 and PSC/Exam/2014/09 dated

04-02-2014 from the J&K Public Service Commission.

––––––––

Government Order No.1449-GAD of 2015

Dated 13–11–2015.

In pursuance of rule 22(1)(a) of the Jammu and Kashmir

Civil Services (Classification, Control and Appeal) Rules, 1956 read with

rule 4 of the Jammu and Kashmir Combined Competitive Service

(Probation and Examination) Rules, 2000, it is hereby ordered that the

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

441

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

following Junior Scale KAS Probationers appointed vide Government

Order No. 434-GAD of 2011 dated 08-04-2011, shall be deemed to have

completed their probation period satisfactorily :––

S. No.

Name of the Officer

(S/Shri)

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

Tariq Ahmad Reshi

Chand Singh

Israr Ahmad

Ashraf Parvez

Din Mohammad

Hilal Ahmad Mir

Danish Rasool Mir

Bilal Ahmad

Bashir-ul-Hassan

10.

Wahid-ur-Rehman

11.

Arshad Ahmad Khan

12.

Mohd Naseeb

13.

Ajay Salaan

By order of the Government of Jammu and Kashmir.

(Sd.) KHALID MAJEED,

Additional Secretary to the Government.

––––––––

442 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––HOME DEPARTMENT.

Subject :––Temporary upgradation of 17 posts of Dy. SPs in the Pay

Band of Rs. 9300-34800 with Grade Pay of Rs. 4800/- as

Superintendents of Police in the Pay Band of Rs. 15600-39100

with Grade Pay of Rs. 6600/-

Reference :––Cabinet Decision No. 157/12/2015 dated 19-11-2015.

––––––––

Government Order No. 522-Home of 2015

Dated 19–11–2015.

Sanction is hereby accorded to the temporary upgradation of 17 posts

of Dy. SPs held by 17 Selection Grade Dy. SPs (whose names are given

in Annexure ‘A’ to this Order) in the Pay Band of Rs. 9300-34800 with

Grade Pay of Rs. 4800/- as Superintendents of Police in the Pay Band of

Rs. 15600-39100 with Grade Pay of Rs. 6600/-.

It is further ordered that the upgradation of the above 17 posts shall

be subject to the condition that the posts shall immediately revert to the

pre-upgraded positions upon availability of vacancies of Superintendents of

Police in the Police Department, by way of induction to IPS, retirement or

otherwise.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Principal Secretary to the Government,

Home Department.

––––––––

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

443

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

Annexure ‘A’ to Government Order No. 522-Home of 2015

Dated 19-11-2015.

S. No.

Name of the Officer

Place of Posting

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

S/ Shri

Dawood Ayoub

SDPO, Sadder, Srinagar

Perbeet Singh

SDPO, North, Jammu

Mushtaq Ahmad

SDPO, Kangan

Naresh Singh

SDPO, Akhnoor

Aftab Ahmed Sheikh

Dy. SP IR-4th Bn.

Raj Kumar

Dy. SP, CID CI, Kathua

Sheikh Faisal Qayoom

Dy. SP , Crime, Kashmir

Khalid Amin

Dy. SP, CID CI, Rajouri

Sanjay Kumar Parihar

Dy. SP, DAR, Kishtwar

10.

Mubbasher Hussain

Dy. SP, SSG

11.

Ifroz Ahmad

SDPO, Handwara

12.

Mushim Ahmad

Dy. SP, AC HG, Reasi

13.

Mohd. Anwar-ul-Haq

Dy. SP, Traffic, Anantnag

14.

Ms. Shaheen Wahid

Dy. SP, SCRB, Jammu

15.

Sonam Dechen

Dy. SP, CID CI/SB, Leh

16.

Masroor Ahmad Mir

Dy. SP, JKAP-13th Bn.

17.

Mukesh Kumar Kakar

Dy. SP, IR-14th Bn.

(Sd.) SYED YASIR FAROOQ,

Under Secretary to Government,

Home Department.

–––––––

444 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.

Subject :––Selection for the posts of Superintendent Jails in Prison

Department (Home Department).

Reference :––This Office Notification No. 07-PSC (DR-P) of 2014 dated

20-03-2014.

––––––––

Notice

Dated 23–11–2015.

It is notified for information of the following candidates who had

applied for the posts of Superintendent Jail in Prison Department (Home

Department), that they shall present themselves before the Principal,

Government Medical College, Jammu/Srinagar for Medical Examination

within a week’s time positively along with Identity Proof on the

proforma given in Annexure “A” to this notice, duly attested by a

Gazetted Officer :–

Particulars of the candidates

S. No.

Name and Address

Category

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

Barkat Ahmad Dar S/o Sh. Mohd Subhan Dar

R/o Seer Jageer Ghat, Tehsil Sopore, District

Baramulla-192301

Rachna Devi D/o Sh. Buti Ram R/o Nanak Chak

P/O and Tehsil Samba, District Samba-184121

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

Secretary,

J&K Public Service Commission.

–––––––

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

445

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

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,

RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.

Notification No. PSC/Exam/2015/56

Dated 23–11–2015.

In continuation of this office Notification No. PSC/Exam/2015/07

dated 07-08-2015, the result of the below mentioned candidates of SAC-I,

Departmental Examination, Session July, 2014, which was withheld is now

declared as under :–––

Roll Name of the

Parentage PI

PII PIII PIV

Remarks

No. Candidate

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

148

Tsewang

Tsering

Passes in Papers I &

Chosgain

Norboo

III. Fails in Papers II

and IV.

154

Tenzin

Tsering

Passes in Paper I &

Choedak

Namgyal

III. Fails in Papers II

& IV.

E&OE

By order.

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

Secretary and Controller of Examinations,

J&K Public Service Commission.

446 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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

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. 98-GAD of 2015 dated

27-01-2015, issued by the General Administration Department, we the

undersigned handover/takeover the charge of the post of Director, Area

Planning and Ex-Officio Special Secretary to Government, Planning and

Development Department today on 05-02-2015 A. N.

(Sd.) SHOWKAT AHMAD BEIGH.

Relieved Officer.

(Sd.) SHABIR AHMAD BHAT.

Relieving Officer.

––––––––

In pursuance of Government Order No. 98-GAD of 2015 dated

27-01-2015, we the undersigned have handed over and taken over the

charge of the Office of Deputy Commissioner/Chief Executive Officer,

Ladakh Autonomous Hill Development Council, Leh today the

2nd February, 2015 FN.

(Sd.) RAKESH BADIYAL, KAS,

Deputy Commissioner/CEO,

LAHDC, Leh.

Relieved Officer.

(Sd.) SAUGAT BISWAS, IAS,

Deputy Commissioner/CEO,

LAHDC, Leh.

Relieving Officer.

80 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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

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,

OFFICE OF THE DIVISIONAL COMMISSIONER (J) ,

RAIL HEAD COMPLEX, JAMMU.

Subject :–Acquisition of land measuring 42 Kanals 18 Marlas situated in

Village Fatehpur, Tehsil and District Rajouri for construction of

road from Fatehpur to Budheen under PMGSY-Issuance of

declaration under sections 6&7 of the LA Act, thereof.

–––––––

Notification No. 40-Div. Com. of 2015

Dated 03-11-2015.

Whereas, the land specification whereof as given below is required

in Village Fatehpur, Tehsil and District Rajouri for public purpose namely

for construction of road from Fatehpur to Budheen under PMGSY ;

Specification of land

District

Tehsil

Mouza

Kh. Nos.

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

Kls. Mls.

Rajouri

Fatehpur

As per

42–18

Annexure

Whereas, notification as required under sub-section (1) of section 4

of the Land Acquisition Act, 1990 (Svt.) was issued by the Collector,

Land Acquisition (ACR), Rajouri vide his notification issued under

No. AC/LA/1743-45 dated 29-03-2013 for the land measuring 42 Kanals

18 Marlas situated in Village Fatehpur, Tehsil and District Rajouri ; and

Whereas, as per the report furnished by the Deputy Commissioner,

Rajouri vide his No. AC/LA/445-46 dated 19-09-2015, no objections have

been filed by the land owners/interested persons within the stipulated period,

as required under sections 5&5(A) of the Land Acquisition Act ; and

Whereas, Deputy Commissioner, Rajouri has issued withdrawal order

vide No. AC/LA/552 dated 28-10-2015, in respect of notification under

sections 6&7 of LA Act, issued earlier vide No. 04-DCR of 2013 under

endorsement No. AC/LA/2013/215-18 dated 11-05-2013 ; and

Whereas, the undersigned is satisfied that the land, particulars whereof

as mentioned above is required for public purpose and it is in public interest

to acquire the land for construction of road from Fatehpur to Budheen

under PMGSY ;

Now, therefore, it is declared under section 6 of the Land Acquisition

Act, (Svt.) 1990 that the aforementioned land is needed for public purpose.

Further, the Collector, Land Acquisition (ACR), Rajouri is directed under

section 7 of the said Act to take order for acquisition of the above

specified land.

However, the Collector, Land Acquisition (ACR), Rajouri shall be

personally responsible for proper title verification of all types of land involved

in the case, and in respect of all the interested parties/land owners/rightful

claimants in accordance with the relevant laws/rules in force, while

making the final award in the case. Collector shall also ensure that no

494 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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additional fruit/non-fruit bearing trees and structures except already included

are incorporated/entertained after the issuance of declaration. Collector

shall be personally responsible if any award for any additional land/FB

Trees/NFB Trees/Structures is issued/has been issued separately for the

Fatehpur to Budheen road under PMGSY.

(Sd.) DR. PAWAN KOTWAL, IAS,

Divisional Commissioner,

Jammu.

––––––––

Annexure-A

Specification of land

District

Tehsil

Mouza

Khasra

Area

Nos.

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

K. M.

Rajouri

Fatehpur

152 pt

01–13

104 pt

00–15

162/1pt

01–05

162/1pt

00–13

162/1pt

01–18

165 pt

01–02

167

01–06

168 pt

00–17

162/1pt

01–03

173

00–12

176

01–10

180 pt

03–05

180 pt

00–18

152 pt

01–08

103/1

00–12

154

01–04

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

495

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

162/1pt

00–17

158

00–16

165 pt

00–15

168/1

00–19

162/1pt

01–11

162/1pt

02–00

162/1pt

00–02

177

00–17

180 pt

01–14

104/1

00–03

162/1pt

00–05

162/1pt

02–00

157 pt

02–05

165 pt

00–15

193

00–13

168

00–03

162/1pt

01–18

162/1pt

01–18

174

02–11

178

00–03

180 pt

00–12

––––––

Total

42–18

––––––

(Sd.) SACHIN DEV SINGH, KAS,

Assistant Commissioner (Central)

with Divisional Commissioner,

Jammu.

–––––––

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

K. M.

496 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE DIVISIONAL COMMISSIONER (J),

RAIL HEAD COMPLEX, JAMMU.

Subject :–Acquisition of land measuring 95 Kanals 17 Marlas situated in

Village Indloo, Tehsil Thathri, District Doda for construction of

KM 13th TKN road to Challar-Issuance of declaration under

sections 6&7 of the LA Act, thereof.

–––––––

Notification No. 41-Div. Com. of 2015

Dated 03-11-2015.

Whereas, the land specification whereof as given below is required

in Village Indloo, Tehsil Thathri, District Doda for public purpose namely

for construction of KM 13th TKN road to Challar under PMGSY ;

Specification of land

District

Tehsil

Mouza

Kh. Nos.

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

Kls. Mls.

Doda

Thathri

Indloo

As per

95–17

Annexure

Whereas, notification as required under sub-section (1) of section 4

of the Land Acquisition Act, 1990 Svt. was issued by the Collector,

Land Acquisition (SDM), Bhaderwah vide his notification issued under

No. 376-82/LAC/14 dated 17-07-2014 and subsequent Corrigendum

No. 982-86/LAS/14 dated 29-10-2014, for land measuring 95 Kanals 17

Marlas situated in Village Indloo, Tehsil Thathri, District Doda for public

purpose namely construction of KM 13th TKN road to Challar under

PMGSY ; and

Whereas, as per the report furnished by the Deputy Commissioner,

Doda vide his No. 496/LAC/D/15 dated 17-10-2015, no objections were

filed by the land owners/interested persons within the stipulated period, as

required under sections 5 & 5(A) of the Land Acquisition Act ; and

Whereas, the undersigned is satisfied that the land, particulars whereof

as mentioned above is required for public purpose and it is in public interest

to acquire the land for construction of KM 13th TKN road to Challar

under PMGSY ; and

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

497

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

Now, therefore, it is declared under section 6 of the Land Acquisition

Act, (Svt.) 1990 that the aforementioned land is needed for public purpose.

Further, the Collector, Land Acquisition (SDM), Bhaderwah is directed

under section 7 of the said Act, to take order for acquisition of the above

specified land.

However, the Collector, Land Acquisition (SDM), Bhaderwah shall

be personally responsible for proper title verification of all types of land

involved in the case, and in respect of all the interested parties/land owners/

rightful claimants in accordance with the relevant laws/rules in force, while

making the final award in the case. Collector shall also ensure that no

additional fruit/non-fruit bearing trees and structures except already included

are incorporated/entertained after the issuance of declaration. Collector

shall be personally responsible if any award for any additional land/FB

Trees/NFB Trees/Structures is issued/has been issued separately for the

KM 13th TKN road to Challar in Village Indloo under PMGSY.

(Sd.) DR. PAWAN KOTWAL, IAS,

Divisional Commissioner,

Jammu.

––––––––

498 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

Annexure

Particulars of land

District

Tehsil

Village

Khasra

Area

Nos.

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

K. M.

Doda

Thathri

Indloo

1 min

01–10

1 min

01–18

3 min

00–19

3 min

00–12

4 min

00–10

4 min

00–17

5 min

00–10

5 min

00–06

5 min

01–01

5 min

00–19

6 min

00–01

10 min

01–15

10 min

01–02

214/14 min

00–06

215/14 min

00–06

215/14 min

00–17

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

499

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

22 min

01–09

00–07

241/24

00–03

242/24

01–06

105 min

00–06

106

00–13

107 min

00–04

109 min

00–03

132 min

00–05

133 min

00–02

135 min

00–16

185

00–15

187 min

10–14

187 min

02–06

187 min

01–10

187 min

01–12

187 min

01–08

187 min

03–18

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

K. M.

500 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

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

K. M.

187 min

01–00

187 min

00–11

235/187 min

02–19

217/188 min

02–14

219/188 min

01–01

219/188 min

00–18

220/188 min

01–07

221/188 min

02–00

221/188 min

00–16

224/188 min

01–07

224/188 min

01–05

225/188 min

00–16

225/188 min

01–13

225/188 min

00–12

225/188 min

01–15

225/188 min

00–12

198 min

02–09

198 min

01–10

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

501

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

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

K. M.

238/198 min

02–06

198 min

01–16

198 min

04–15

198 min

00–11

198 min

01–13

198 min

02–08

198 min

04–07

198 min

02–03

198 min

01–14

198 min

01–15

198 min

01–02

198 min

01–01

198 min

02–02

198 min

00–09

208 min

01–14

––––––

Total

95–17

––––––

(Sd.) SACHIN DEV SINGH, KAS,

Assistant Commissioner (Central)

with Divisional Commissioner,

Jammu.

–––––––

502 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE DIVISIONAL COMMISSIONER (J),

RAIL HEAD COMPLEX, JAMMU.

Subject :–Acquisition of land measuring 186 Kanals 11 Marlas situated in

Village Partapkote, Tehsil Suchetgarh, District Jammu for

construction of Composite Bundh road and Naka-cum-Machen

cum-fighting bunker along with Indo Pak Border (135 feet wide

strip)-lssuance of declaration under sections 6&7 of the LA Act,

thereof.

–––––––

Notification No. 42-Div. Com. of 2015

Dated 06-11-2015.

Whereas, the land specification whereof are given below is required

for defence purpose namely for construction of (135 feet wide strip)

Composite Bund/Border Fencing along Indo Pak Border by BSF ;

Specification of land

District

Tehsil

Mouza

Kh. Nos.

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

Kls. Mls.

Jammu

R. S. Pura

Partapkote

As per

186–11

Now

Annexure

Suchetgarh

Whereas, notification as required under sub-section (1) of section 4

of the Land Acquisition Act, 1990 Svt. was issued by the Collector,

Land Acquisition (SDM), R. S. Pura vide Notification No. LA/BSF/

Partapkote/2014/771-79 dated 31-01-2014 for the land measuring 186

Kanals 11 Marlas situated in Village Partapkote, Tehsil Suchetgarh, District

Jammu ; and

Whereas, the report furnished by the Deputy Commissioner, Jammu

vide letters No. DCJ/LA/BF-135/2014-15/943-44 dated 18-03-2015 and

No. DCJ/LA/Partapkote/2015-16/543-44 dated 29-10-2015, no objections

have been filed by the land owners/interested persons within the

stipulated period, as required under sections 5 & 5(A) of the Land

Acquisition Act ; and

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

503

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

Whereas, the undersigned is satisfied that the land, particulars whereof

as mentioned above is required for public purpose and it is in interest of

security of nation to acquire the land for construction of (135 feet wide

strip) Composite Bund/Border Fencing along Indo Pak Border in Village

Partapkote, Tehsil R. S. Pura now Suchetgarh, District Jammu.

Now, therefore, it is declared under section 6 of the Land Acquisition

Act, (Svt.) 1990 that the aforementioned land is needed for public purpose.

Further, the Collector, Land Acquisition (SDM), R. S. Pura is directed

under section 7 of the said Act, to take order for acquisition of the above

specified land.

However, the Collector, Land Acquisition (SDM), R. S. Pura shall be

personally responsible for proper title verification of all types of land involved

in the case, in respect of all the interested parties/land owners/rightful

claimants in accordance with the relevant laws/rules in force, while

making the final award in the case and shall also ensure that no additional

fruit/non-fruit bearing trees and structures except already included are

incorporated/entertained after the issuance of declaration.

(Sd.) DR. PAWAN KOTWAL, IAS,

Divisional Commissioner,

Jammu.

––––––––

504 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

Annexure

Particulars of land

District

Tehsil

Village

Khasra

Area

Nos.

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

K. M.

Jammu

Suchetgarh

Pratapkote

134/1

02–10

134/1

02–00

01–06

00–09

3 min

01–01

3 min

00–13

4 min

02–04

4 min

01–08

137/4

01–18

5 min

00–12

5 min

01–06

01–08

11 min

03–00

135/14

01–00

136/14

01–00

136/14 min

01–09

136/14 min

00–12

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

505

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

136/14 min

02–03

15 min

01–05

15 min

00–18

15 min

02–09

15 min

01–14

15 min

00–07

17 min

00–19

17 min

02–00

17 min

01–19

03–07

18 min

00–19

18 min

00–09

08–01

06–19

35 min

03–15

35 min

03–08

35 min

01–16

35 min

01–12

05–05

07–04

00–10

01–10

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

K. M.

506 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

03–18

128/45, 85

01–03

01–19

01–10

00–15

83 min

08–09

01–06

00–11

02–04

161/131/89-

06–16

91, 93

161/131/89-

01–14

91, 93 min

161/131/89-

04–16

91, 93

02–01

00–03

04–13

00–14

96 min

04–14

02–13

04–08

98 min

02–00

00–09

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

K. M.

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

507

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

102

06–09

102

05–00

113

02–12

154/125

10–06

155/125 min

03–12

155/125 min

04–12

155/125 min

04–11

155/125 min

08–01

155/125 min

02–07

––––––

Total

186–11

––––––

(Sd.) SACHIN DEV SINGH, KAS,

Assistant Commissioner (Central)

with Divisional Commissioner,

Jammu.

–––––––

Notice

I, Jatin Mishra S/o Ramesh Kumar, Residence of R. K. Furnishing,

Talab Tillo, Bohri, Jammu applying for the correction of my father name

in my PAN Card bearing No. BGPPM9187A. My father name is

Ramesh Kumar instead of Romesh Kumar Mishra. Objection, if any,

may be conveyed to the conceren authorty.

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

K. M.

508 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

THE

JAMM AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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

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

separate compilation.

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

ADVERTISEMENTS–C

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,

J&K, JAMMU.

GIST of e-NIT No. 11 of 2015

Dated 09-12-2015.

For and on behalf of the Governor of J&K State, e-Tenders are

invited from the reputed manufacturers/registered firms/fabricators having

their own registered working sites having 5 years past experience in such

type of fabrications, for fabrication of 06 units (Tentative) of Fire Tenders

with accessories and equipments as specified in Annexure-A & B :–––

Particulars

Earnest

Cost of tender

Money

document

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

Fabrication of 06 units of Fire

` 1.00 lacs

` 10000/-

Tenders on Ashok Leyland

1616iL-4330 mm (170.5'') WB

Chassis (BS-III) Diesel Engine.

Date of publishing of

09-12-2015.

tender notice

Period of downloading

From 09-12-2015 to 29-12-2015.

of documents

Date of submission of

09-12-2015 to 29-12-2015.

online documents

Date of submission of

30-12-2015 up to 04.00 P. M.

hard copy

Date of opening of

31-12-2015 or subsequent

tender

convenient date.

The tender documents along with other Terms and Conditions of

the NIT and relevant documents can be downloaded from the State

e-Portal http://jktenders.gov.in. The tender shall be uploaded in electronic

format on the website http://jktenders.gov.in. The bidders shall have to

upload scanned copy of all necessary documents like CDR/PAN/TIN/

Demand Draft (Tender Fee)/registration certificate duly renewed and hard

copies thereof physically to tender receipting authority on 28-12-2015 up to

4.00 P. M. The cost of tender documents shall be in the form of Bank Draft

drawn in favour of Accounts Officer, Fire and Emergency Services, J&K

payable at Srinagar/Jammu and Earnest Money shall be pledged to Director

General, Fire and Emergency Services, J&K. The local SSI units shall

have to deposit EMD as prescribed by the Government subject to production

of proof of their registration as SSI units for the trade/item/items tendered

out, from Industries Department alongwith latest status report. The units

registered with NSIC shall have to deposit Earnest Money in full like other

firms. Cost of tender documents is non-refundable, whileas the Earnest

Money is refundable.

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

Accounts Officer,

Fire and Emergency Services,

J&K, Jammu.

–––––––

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

174 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

JAMMU AND KASHMIR GOVERNMENT,

OFFICE OF THE GENERAL MANAGER,

RANBIR GOVERNMENT PRESS, JAMMU.

Short Term Tender Notice

Sealed quotations duly affixed with Revenue Stamps worth Rs. 5/-

are invited from reputed firms for Rate Contractor of “Vaccum Pump with

Motor” for Singal Colour Sheetfed Offset Machine Model SOM-136 of

following specifications which should reach in this office by or before

02-01-2016 up to 12.00 Noon and shall be opened on the same day or any

other date convenient to the Unit Purchase Committee of the department.

S. No.

Specifications

Quantity

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

Vaccum Pump with Motor

03 Nos.

(3 Phase with 3HP)

Terms and Conditions :

The tenderers are advised to furnish earnest money of Rs. 5,000/-

in the shape of CDR/FDR duly pledged to the General Manager,

Ranbir Government Press, Jammu.

The rates are FOR Press included all taxes and charges.

Supply of material shall be made within 10 days from the date

of placement of supply order.

The supplied material shall be guaranteed for a period of one

year. Any loss/damage during the guarantee period shall be

removed/replaced by the firm free of cost.

For and on behalf of the Governor of Jammu and Kashmir.

(Sd.) F. H. QADRI,

General Manager.

–––––––

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

175

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

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE OF STATIONERY AND OFFICE SUPPLIES, J&K,

JAMMU.

e-Tenders

NIT No. DSS/62 of 2015 dated 30-11-2015

Sealed tenders affixed with revenue stamps worth Rs. 5/- (Rupees

five only) e-Tenders are invited for and on behalf of the Governor of Jammu

and Kashmir from the manufacturers and authorized dealers for said NIT

for the year 2015-16 :––

Name of the NIT

Cost of Tender

CDR/FDR

Document

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

Machinery/Equipments

Rs. 600/-

Rs. 75,000/- each

for two Govt. Presses,

(Rupees six

annexure (Rupees

Jammu/Srinagar.

hundred only)

seventy five thousand

only for each annexure).

i. Annexure- ‘A-I’ for Ranbir

Govt. Press, Jammu.

ii. Annexure- ‘A-II’ for Govt.

Press, Srinagar.

Cost of tender document (in shape of Demand Draft favouring of

Director, Stationery and Office Supplies, J&K. Earnest Money (in shape

of CDR/FDR) in original favouring Director/Charirman, Central Purchase

Committee, Directorate of Stationery and Government Presses, Jammu/

Srinagar.

The complete tender details comprising of NIT Tender

Document can be seen/downloaded from the Government website

http://jktenders.gov.in from 30-11-2015 (10.00 A. M.) to 28-12-2015 (4.00

P. M.).

Bids shall be uploaded/submitted in electronic format, on the same

website http://jktenders.gov.in from 01-12-2015 (1.00 P. M.) to 28-12-2015

(4.00 P. M.).

176 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40

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

The uploaded bids on the website will be opened on 04-01-2016

(12.00 Noon) in the Office of Chairperson, Central Purchase Committee

C/o Directorate of Stationery and Office Supplies, J&K, Rail Head Complex,

Jammu in presence of bidders who wish to attend. In case of holiday on the

date of opening of bid, bids will be opened on the next working day at same

time and venue.

The detailed tender notice containing terms and conditions of the

aforesaid NIT’s can be had from website http://jktenders.gov.in.

Cost of tender document (in shape of Demand Draft) in favour of

Director, Stationery and Office Supplies, J&K and Earnest Money (in shape

of CDR/FDR) from any Scheduled Bank in original favouring Chairman,

Central Purchase Committee, Directorate of Stationery and Government

Presses, Jammu/Srinagar along with requisite documents i. e. Authorization

Certificate/Dealership Certificate, TIN number, Sales tax/Income tax

clearance and any other relevant document which the tenderer may

like to submit on shape of Hard Copy should reach in the Office of

Member-Secretary, Central Purchase Committee C/o Directorate of

Stationery and Office Supplies, J&K, Rail Head Complex, Jammu through

by person/Speed Post/Registered Post/Courier only before due date of

submission of technical bid i. e. 29-12-2015 (1.00 P. M.). Department shall

not be responsible for any delay due to any reason.

(Sd.) KHILARI LAL,

Member-Secretary,

Central Purchase Committee, Dte. of

Sty. and Government Presses, Jammu/Srinagar,

J&K, Jammu.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE SUPERINTENDING ENGINEER,

ELECTRIC PURCHASE CIRCLE-IIND, BEMINA,

SRINAGAR-190010.

Cancellation Notice

In view of the guidelines issued by Techno Economic

Committee Meeting held on 6th April, 2015, the below mentioned NIT

No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.

177

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

floated vide this office letter No. SE/EPC-II/149-62 dated 02-05-2015, is

hereby cancelled.

NIT No.

Tender ID

Description of Material

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

EPC-II/05/

2015-PDD

Purchase of 8.0 Mtr. 9.0 Mtr. and

2015-16

17129-1

11.0 Mtr. Long PCC Poles with

working load of 200 kgs.

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

Superintending Engineer,

Electric Purchase Circle-IInd,

Srinagar.

178 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937. [ No. 40

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

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 128] Jammu, Fri., the 4th Dec., 2015/13th Agra., 1937. [No. 36-2

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

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

separate compilation.

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

PART IV

Reprint from the Government of India Gazette.

–––––––

EXTRAORDINARY

REGD. NO. JK–33

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 23rd October, 2015/Kartika 1, 1937 (Saka).

THE ARBITRATION AND CONCILIATION

(AMENDMENT) ORDINANCE, 2015

No. 9 of 2015

Promulgated by the President in the Sixty-sixth Year of the Republic

of India.

An Ordinance to amend the Arbitration and Conciliation Act, 1996.

Whereas, Parliament is not in session and the President is satisfied

that circumstances exist which render it necessary for him to take immediate

action.

Now, therefore, in exercise of the powers conferred by clause (1) of

Article 123 of the Constitution, the President is pleased to promulgate the

following Ordinance :—

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

called the Arbitration and Conciliation (Amendment) Ordinance, 2015.

(2)

It shall come into force at once.

2. Amendment of section 2.––In the Arbitration and Conciliation

Act, 1996 (26 of 1996) (hereinafter referred to as the principal Act), in

section 2,—

(I) in sub-section (1)—

(A) for clause (e), the following clause shall be substituted,

namely :—

‘(e) “Court” means—

(i) in the case of an arbitration other than

international commercial arbitration, the

principal Civil Court of original jurisdiction in

a district, and includes the High Court in

exercise of its ordinary original civil

jurisdiction, having jurisdiction to decide the

questions forming the subject-matter of the

arbitration if the same had been the subject-

matter of a suit, but does not include any civil

court of a grade inferior to such principal Civil

Court, or any Court of Small Causes ;

(ii) in the case of international commercial

arbitration, the High Court in exercise of its

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

[No. 36-2

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

ordinary original civil jurisdiction, having

jurisdiction to decide the questions forming

the subject-matter of the arbitration if the

same had been the subject-matter of a suit,

and in other cases, a High Court having

jurisdiction to hear appeals from decrees of

courts subordinate to that High Court ; ’ ;

(B) in clause (f), in sub-clause (iii), the words

“a company or” shall be omitted ;

(II) in sub-section (2), the following proviso shall be inserted,

namely :––

“Provided that subject to an agreement to the contrary, the

provisions of sections 9, 27 and clause (a) of sub-section (1)

and sub-section (3) of section 37 shall also apply to

international commercial arbitration, even if the place of

arbitration is outside India, and an arbitral award made or to

be made in such place is enforceable and recognised under

the provisions of Part II of this Ordinance.”.

3. Amendment of section 7.––In section 7 of the principal Act, in

sub-section (4), in clause (b), after the words “or other means of

telecommunication”, the words “including communication through electronic

means” shall be inserted.

4. Amendment of scction 8.––In section 8 of the principal Act,—

(i) for sub-section (1), the following sub-section shall be

substituted, namely :—

“(1) A judicial authority, before which an action is brought

in a matter which is the subject of an arbitration agreement

shall, if a party to the arbitration agreement or any person

claiming through or under him, so applies not later than the

No. 36-2]

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

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

date of submitting his first statement on the substance of the

dispute, then, notwithstanding any judgment, decree or order

of the Supreme Court or any Court, refer the parties to

arbitration unless it finds that prima facie no valid arbitration

agreement exists.” ;

(ii) in sub-section (2), the following proviso shall be inserted,

namely :—

“Provided that where the original arbitration agreement or a

certified copy thereof is not available with the party applying

for reference to arbitration under sub-section (1), and the

said agreement or certified copy is retained by the other party

to that agreement, then, the party so applying shall file such

application along with a copy of the arbitration agreement

and a petition praying the Court to call upon the other party

to produce the original arbitration agreement or its duly

certified copy before that Court.”.

5. Amendment of section 9.––Section 9 of the principal Act shall be

renumbered as sub-section (1) thereof, and after sub-section (1) as so

renumbered, the following sub-sections shall be inserted, namely :—

“(2) Where, before the commencement of the arbitral proceedings,

a Court passes an order for any interim measure of protection

under sub-section (1), the arbitral proceedings shall be commenced

within a period of ninety days from the date of such order or

within such further time as the Court may determine.

(3) Once the arbitral tribunal has been constituted, the Court shall

not entertain an application under sub-section (1), unless the Court

finds that circumstances exist which may not render the remedy

provided under section 17 efficacious.”.

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

[No. 36-2

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

6. Amendment of section 11.–– In section 11 of the principal Act,—

(i) in sub-sections (4), (5) and (6), for the words “the Chief

Justice or any person or institution designated by him”

wherever they occur, the words “the Supreme Court or, as

the case may be, the High Court or any person or institution

designated by such Court” shall be substituted ;

(ii) after sub-section (6), the following sub-sections shall be

inserted, namely :—

“(6A) The Supreme Court or, as the case may be, the

High Court, while considering any application under

sub-section (4) or sub-section (5) or sub-section (6), shall,

notwithstanding any judgment, decree or order of any court,

confine to the examination of the existence of an arbitration

agreement.

(6B) The designation of any person or institution by the

Supreme Court or, as the case may be, the High Court, for

the purposes of this section shall not be regarded as a

delegation of judicial power by the Supreme Court or the

High Court.” ;

(iii) in sub-section (7), for the words “the Chief Justice or the

person or institution designated by him is final”, the words

“the Supreme Court or, as the case may be, the High Court

or the person or institution designated by such Court is final

and no appeal including Letters Patent Appeal shall lie against

such decision” shall be substituted ;

(iv) for sub-section (8), the following sub-section shall be

substituted, namely :—

“(8)

The Supreme Court or, as the case may be, the High

Court or the person or institution designated by such

Court, before appointing an arbitrator, shall seek a

No. 36-2]

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

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

disclosure in writing from the prospective arbitrator in

terms of sub-section (1) of section 12, and have due

regard to—

(a) any qualifications required for the arbitrator by the

agreement of the parties ; and

(b) the contents of the disclosure and other

considerations as are likely to secure the

appointment of an independent and impartial

arbitrator.” ;

(v) in sub-section (9), for the words “the Chief Justice of India

or the person or institution designated by him”, the words

“the Supreme Court or the person or institution designated

by that Court” shall be substituted ;

(vi) for sub-section (10), the following sub-section shall be

substituted, namely :—

“(10) The Supreme Court or, as the case may be, the High

Court, may make such scheme as the said Court may

deem appropriate for dealing with matters entrusted by

sub-section (4) or sub-section (5) or sub-section (6), to it.” ;

(vii) in sub-section (11), for the words “the Chief Justices of

different High Courts or their designates, the Chief Justice

or his designate to whom the request has been first made”,

the words “different High Courts or their designates, the High

Court or its designate to whom the request has been first

made” shall be substituted ;

(viii) for sub-section (12), the following sub-section shall be

substituted, namely :—

‘(12) (a) Where the matters referred to in sub-sections (4),

(5), (6), (7), (8) and sub-section (10) arise in an international

commercial arbitration, the reference to the “Supreme

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

[No. 36-2

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

Court or, as the case may be, the High Court” in those

sub-sections shall be construed as a reference to the

“Supreme Court” ; and

(b) Where the matters referred to in sub-sections (4), (5),

(6), (7), (8) and sub-section (10) arise in any other arbitration,

the reference to “the Supreme Court or, as the case may be,

the High Court” in those sub-sections shall be construed as

a reference to the “High Court” within whose local limits

the principal Civil Court referred to in clause (e) of

sub-section (1) of section 2 is situate, and where the High

Court itself is the Court referred to in that clause, to that

High Court.’ ;

(ix) after sub-section (12), the following sub-sections shall be

inserted, namely :—

“(13) An application made under this section for appointment

of an arbitrator or arbitrators shall be disposed of by the

Supreme Court or the High Court or the person or institution

designated by such Court, as the case may be, as expeditiously

as possible and an endeavour shall be made to dispose of the

matter within a period of sixty days from the date of service

of notice on the opposite party.

(14) For the purpose of determination of the fees of the

arbitral tribunal and the manner of its payment to the arbitral

tribunal, the High Court may frame such rules as may be

necessary, after taking into consideration the rates specified

in the Fourth Schedule.

Explanation :—For the removal of doubts, it is hereby

clarified that this sub-section shall not apply

to international commercial arbitration and

in arbitrations (other than international

commercial

arbitration)

case

where parties have agreed for determination

of fees as per the rules of an arbitral

institution.”.

No. 36-2]

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

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7. Insertion of new section 11A.––After section 11 of the principal

Act, the following new section shall be inserted, namely :—

“1lA. Power of Central Government to amend Fourth

Schedule.––(l) If the Central Government is satisfied that it is

necessary or expedient so to do, it may, by notification in the Official

Gazette, amend the Fourth Schedule and thereupon the Fourth

Schedule shall be deemed to have been amended accordingly.

(2) A copy of every notification proposed to be issued under

sub-section (1), shall be laid in draft before each House of

Parliament, while it is in session, for a total period of thirty days

which may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session

immediately following the session or the successive sessions

aforesaid, both Houses agree in disapproving the issue of the

notification or both Houses agree in making any modification in

the notification, the notification shall not be issued or as the case

may be, shall be issued only in such modified form as may be

agreed upon by both the Houses of Parliament.”.

8. Amendment of section 12.––In section 12 of the principal Act,—

(i) for sub-section (1), the following sub-section shall be

substituted, namely :—

“(1) When a person is approached in connection with his

possible appointment as an arbitrator, he shall disclose in

writing any circumstances,—

(a) such as the existence either direct or indirect, of any

past or present relationship with or interest in any of

the parties or in relation to the subject-matter in dispute,

whether financial, business, professional or other kind,

which is likely to give rise to justifiable doubts as to his

independence or impartiality ; and

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(b) which are likely to affect his ability to devote sufficient

time to the arbitration and in particular his ability to

complete the entire arbitration within a period of twelve

months.

Explanation 1 :—The grounds stated in the Fifth Schedule

shall guide in determining whether

circumstances exist which give rise to

justifiable doubts as to the independence

or impartiality of an arbitrator.

Explanation 2 :—The disclosure shall be made by such

person in the form specified in the Sixth

Schedule.” ;

(ii) after sub-section (4), the following sub-section shall be

inserted, namely :—

“(5) Notwithstanding any prior agreement to the contrary,

any person whose relationship, with the parties or counsel or

the subject-matter of the dispute, falls under any of the

categories specified in the Seventh Schedule shall be ineligible

to be appointed as an arbitrator :

Provided that parties may, subsequent to disputes having

arisen between them, waive the applicability of this

sub-section by an express agreement in writing :

Provided further that this sub-section shall not apply to cases

where an arbitrator has already been appointed on or before

the commencement of the Arbitration and Conciliation

(Amendment) Ordinance, 2015.”.

9. Amendment of section 14.––In section 14 of the principal Act, in

sub-section (1), in the opening portion, for the words “The mandate of an

arbitrator shall terminate if”, the words “The mandate of an arbitrator shall

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terminate and he shall be substituted by another arbitrator, if” shall be

substituted.

10. Substitution of new section for section 17.––For section 17 of

the principal Act, the following section shall be substituted, namely :—

“17. Interim measures ordered by arbitrai tribunal.––

(1) A party may, during the arbitral proceedings or at any time

after the making of the arbitral award but before it is enforced in

accordance with section 36, apply to the arbitral tribunal—

(i) for the appointment of a guardian for a minor or person of

unsound mind for the purposes of arbitral proceedings ; or

(ii) for an interim measure of protection in respect of any of the

following matters, namely :—

(a) the preservation, interim custody or sale of any

goods which are the subject-matter of the arbitration

agreement ;

(b) securing the amount in dispute in the arbitration ;

or thing which is the subject-matter of the dispute in

arbitration, or as to which any question may arise therein

and authorising for any of the aforesaid purposes any

person to enter upon any land or building in the

possession of any party, or authorising any samples to

be taken, or any observation to be made, or experiment

to be tried, which may be necessary or expedient for

the purpose of obtaining full information or evidence ;

(d) interim injunction or the appointment of a receiver ;

(e) such other interim measure of protection as may appear

to the arbitral tribunal to be just and convenient, and the

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arbitral tribunal shall have the same power for making

orders, as the court has for the purpose of, and in relation

to, any proceedings before it.

(2) Subject to any orders passed in an appeal under section 37,

any order issued by the arbitral tribunal under this section shall be

deemed to be an order of the Court for all purposes and shall be

enforceable under the Code of Civil Procedure, 1908 (5 of 1908),

in the same manner as if it were an order of the Court.”.

11. Amendment of section 23.––In section 23 of the principal

Act, after sub-section (2), the following sub-section shall be inserted,

namely :—

“(2A) The respondent, in support of his case, may also submit a

counter-claim or plead a set-off, which shall be adjudicated upon

by the arbitral tribunal, if such counter-claim or set-off falls within

the scope of the arbitration agreement.”.

12. Amendment of section 24.––In section 24 of the principal Act,

after the proviso to sub-section (1), the following proviso shall be inserted,

namely :—

“Provided further that the arbitral tribunal shall, as far as possible,

hold oral hearings for the presentation of evidence or for oral

argument on day-to-day basis, and not grant any adjournments

unless sufficient cause is made out, and may impose costs including

exemplary costs on the party seeking adjournment without any

sufficient cause.”.

13. Amendment of section 25.––In section 25 of the principal

Act, in clause (b), at the end, after the words “allegations by the claimant”,

the words “and shall have the discretion to treat the right of the respondent

to file such statement of defence as having been forfeited” shall be

inserted.

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14. Amendment of section 28.––In section 28 of the principal

Act, for sub-section (3), the following sub-section shall be substituted,

namely :––

“(3) While deciding and making an award, the arbitral tribunal

shall, in all cases, take into account the terms of the contract and

trade usages applicable to the transaction.”.

15. Insertion of new sections 29A and 29B.––After section 29 of

the principal Act, the following new sections shall be inserted, namely :—

“29A. Time limit for arbitral award.–– (1) The award shall be

made within a period of twelve months from the date the arbitral

tribunal enters upon the reference.

Explanation :—For the purpose of this sub-section, an arbitral

tribunal shall be deemed to have entered upon

the reference on the date on which the arbitrator

or all the arbitrators, as the case may be, have

received notice, in writing, of their appointment.

(2) If the award is made within a period of six months from the

date the arbitral tribimal enters upon the reference, the arbitral

tribunal shall be entitled to receive such amount of additional fees

as the parties may agree.

(3) The parties may, by consent, extend the period specified in

sub-section (1) for making award for a further period not exceeding

six months.

(4) If the award is not made within the period specified in sub-

section (1) or the extended period specified under sub-section (3),

the mandate of the arbitrator(s) shall terminate unless the Court

has, either prior to or after the expiry of the period so specified,

extended the period :

Provided that while extending the period under this sub-section, if

the Court finds that the proceedings have been delayed for the

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reasons attributable to the arbitral tribunal, then, it may order

reduction of fees of arbitrator(s) by not exceeding five per cent,

for each month of such delay.

(5) The extension of period referred to in sub-section (4) may be

on the application of any of the parties and may be granted only

for sufficient cause and on such terms and conditions as may be

imposed by the Court.

(6) While extending the period referred to in sub-section (4), it

shall be open to the Court to substitute one or all of the arbitrators

and if one or all of the arbitrators are substituted, the arbitral

proceedings shall continue from the stage already reached and on

the basis of the evidence and material already on record, and the

arbitrator(s) appointed under this section shall be deemed to have

received the said evidence and material.

(7) In the event of arbitrator(s) being appointed under this section,

the arbitral tribunal thus reconstituted shall be deemed to be in

continuation of the previously appointed arbitral tribunal.

(8) It shall be open to the Court to impose actual or exemplary

costs upon any of the parties under this section.

(9) An application filed under sub-section (5) shall be disposed

of by the Court as expeditiously as possible and endeavour shall

be made to dispose of the matter within a period of sixty days

from the date of service of notice on the opposite party.

29B. Fast track procedure.––(1) Notwithstanding anything

contained in this Act, the parties to an arbitration agreement, may,

at any stage either before or at the time of appointment of the

arbitral tribunal, agree in writing to have their dispute resolved by

fast track procedure specified in sub-section (3).

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(2) The parties to the arbitration agreement, while agreeing for

resolution of dispute by fast track procedure, may agree that the

arbitral tribunal shall consist of a sole arbitrator who shall be chosen

by the parties.

(3) The arbitral tribunal shall follow the following procedure while

conducting arbitration proceedings under sub-section (1) :––

(a) The arbitral tribunal shall decide the dispute on the basis

of written pleadings, documents and submissions filed by

the parties without any oral hearing ;

(b) The arbitral tribunal shall have power to call for any

further information or clarification from the parties in

addition to the pleadings and documents filed by them ;

a request or if the arbitral tribunal considers it necessary

to have oral hearing for clarifying certain issues ;

(d) The arbitral tribunal may dispense with any technical

formalities, if an oral hearing is held, and adopt such

procedure as deemed appropriate for expeditious disposal

of the case.

(4) The award under this section shall be made within a period of

six months from the date the arbitral tribunal enters upon the

reference.

(5) If the award is not made within the period specified

in sub-section (4), the provisions of sub-sections (3) to (9) of

section 29A shall apply to the proceedings.

(6) The fees payable to the arbitrator and the manner of payment

of the fees shall be such as may be agreed between the arbitrator

and the parties.”.

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16. Amendment of section 31.––In section 31 of the principal Act,—

(i) in sub-section (7), for clause (b), the following shall be

substituted, namely :—

‘(b) A sum directed to be paid by an arbitral award shall,

unless the award otherwise directs, carry interest at the rate

of two per cent, higher than the current rate of interest

prevalent on the date of award, from the date of award to

the date of payment.

Explanation :––The expression “current rate of interest” shall

have the same meaning as assigned to it

under clause (b) of section 2 of the Interest

Act, 1978 (14 of 1978).’ ;

(ii) for sub-section (8), the following sub-section shall be

substituted, namely :—

“(8) The costs of an arbitration shall be fixed by the arbitral

tribunal in accordance with section 31 A.”.

17. Insertion of new section 31A.––After section 31 of the principal

Act, the following new section shall be inserted, namely :—

“31 A. Regime for costs.––(1) In relation to any arbitration

proceeding or a proceeding under any of the provisions of this

Act pertaining to the arbitration, the Court or arbitral

tribunal, notwithstanding anything contained in the Code of Civil

Procedure, 1908 (5 of 1908), shall have the discretion to

determine—

(a) whether costs are payable by one party to another ;

(b) the amount of such costs ; and

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Explanation :—For the purpose of this sub-section, “costs” means

reasonable costs relating to—

(i) the fees and expenses of the arbitrators, Courts and

witnesses ;

(ii) legal fees and expenses ;

(iii) any administration fees of the institution supervising the

arbitration ; and

(iv) any other expenses incurred in connection with the arbitral

or Court proceedings and the arbitral award.

(2) If the Court or arbitral tribunal decides to make an order as to

payment of costs,—

(a) the general rule is that the unsuccessful party will be ordered

to pay the costs of the successful party ; or

(b) the Court or arbitral tribunal may make a different order

for reasons to be recorded in writing.

(3) In determining the costs, the Court or arbitral tribunal shall

have regard to all the circumstances, including—

(a) the conduct of all the parties ;

(b) whether a party has succeeded partly in the case ;

claim leading to delay in the disposal of the arbitral

proceedings ; and

(d) whether any reasonable offer to settle the dispute is made

by a party and refused by the other party.

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(4) The Court or arbitral tribunal may make any order under this

section including the order that a party shall pay—

(a) a proportion of another party’s costs ;

(b) a stated amount in respect of another party’s costs ;

(d) costs incurred before proceedings have begun ;

(e) costs relating to particular steps taken in the proceedings ;

(f) costs relating only to a distinct part of the proceedings ; and

(g) interest on costs from or until a certain date.

(5) An agreement which has the effect that a party is to pay the

whole or part of the costs of the arbitration in any event shall be

only valid if such agreement is made after the dispute in question

has arisen.”.

18. Amendment of section 34.––In section 34 of the principal Act,—

(i) in sub-section (2), in clause (b), for the Explanation, the

following Explanations shall be substituted, namely :—

“Explanation 1.—For the avoidance of any doubt, it is

clarified that an award is in conflict with

the public policy of India, only if,—

(i) the making of the award was induced or affected

by fraud or corruption or was in violation of

section 75 or section 81; or

(ii) it is in contravention with the fundamental policy of

Indian Law ; or

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(iii) it is in conflict with the most basic notions of

morality or justice.

Explanation 2 :—For the avoidance of doubt, the test as to

whether there is a contravention with the

fundamental policy of Indian Law shall not

entail a review on the merits of the

dispute.” ;

(ii) after sub-section (2), the following sub-section shall be

inserted, namely :—

“(2A) An arbitral award arising out of arbitrations other than

international commercial arbitrations, may also be set aside

by the Court, if the Court finds that the award is vitiated by

patent illegality appearing on the face of the award :

Provided that an award shall not be set aside merely on the

ground of an erroneous application of the law or by

reappreciation of evidence.” ;

(iii) after sub-section (4), the following sub-sections shall be

inserted, namely :—

“(5) An application under this section shall be filed by a party

only after issuing a prior notice to the other party and such

application shall be accompanied by an affidavit by

the applicant endorsing compliance with the said

requirement.

(6) An application under this section shall be disposed of

expeditiously, and in any event, within a period of one

year from the date on which the notice referred to in

sub-section (5) is served upon the other party.”.

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19. Substitution of new section for section 36.––For section 36 of

the principal Act, the following section shall be substituted, namely :—

“36. Enforcement.––(1) Where the time for making an

application to set aside the arbitral award under section 34 has

expired, then, subject to the provisions of sub-section (2), such

award shall be enforced in accordance with the provisions of the

Code of Civil Procedure, 1908 (5 of 1908), in the same manner

as if it were a decree of the court.

(2) Where an application to set aside the arbitral award has been

filed in the Court under section 34, the filing of such an application

shall not by itself render that award unenforceable, unless the

Court grants an order of stay of the operation of the said arbitral

award in accordance with the provisions of sub-section (3), on a

separate application made for that purpose.

(3) Upon filing of an application under sub-section (2) for stay of

the operation of the arbitral award, the Court may, subject to such

conditions as it may deem fit, grant stay of the operation of such

award for reasons to be recorded in writing :

Provided that the Court shall, while considering the application

for grant of stay in the case of an arbitral award for payment of

money, have due regard to the provisions for grant of stay of a

money decree under the provisions of the Code of Civil

Procedure, 1908 (5 of 1908).”.

20. Amendment of section 37.––In section 37 of the principal Act,

in sub-section (1), for clauses (a) and (b), the following clauses shall be

substituted, namely :––

“(a) refusing to refer the parties to arbitration under section 8 ;

(b) granting or refusing to grant any measure under section 9 ;

section 34.”.

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21. Amendment of section 47.––In section 47 of the principal

Act, for the Explanation, the following Explanation shall be substituted,

namely :—

‘Explanation :—In this section and in the sections following in this

Chapter, “Court” means the High Court having

original jurisdiction to decide the questions forming

the subject-matter of the arbitral award if the same

had been the subject-matter of a suit on its original

civil jurisdiction and in other cases, in the High

Court having jurisdiction to hear appeals from

decrees of courts subordinate to such High

Court.’.

22. Amendment of section 48.––In section 48 of the principal Act,

for the Explanation to sub-section (2), the following Explanations shall be

substituted, namely :—

“Explanation 1 :—For the avoidance of any doubt, it is clarified

that an award is in conflict with the public policy

of India, only if,—

(i)

the making of the award was induced or

affected by fraud or corruption or was in

violation of section 75 or section 81 ; or

(ii)

it is in contravention with the fundamental

policy of Indian Law ; or

(iii)

it is in conflict with the most basic notions

of morality or justice.

Explanation 2 :—For the avoidance of doubt, the test as to whether

there is a contravention with the fundamental

policy of Indian Law shall not entail a review on

the merits of the dispute.”.

23. Amendment of section 56.––In section 56 of the principal Act,

the Explanation shall be renumbered as Explanation 1 thereof, and after the

2 0

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Explanation 1 as so renumbered, the following Explanation shall be inserted,

namely :—

‘Explanation 2 :—In this section and in the sections following in

this Chapter, “Court” means the High Court

having original jurisdiction to decide the

questions forming the subject-matter of the

arbitral award if the same had been the subject-

matter of a suit on its original civil jurisdiction

and in other cases, in the High Court having

jurisdiction to hear appeals from decrees of

courts subordinate to such High Court.’.

24. Amendment of section 57.––In section 57 of the principal Act, in

sub-section (1), for the Explanation, the following Explanations shall be

substituted, namely :—

“Explanation 1 :—For the avoidance of any doubt, it is clarified

that an award is in conflict with the public

policy of India, only if,—

(i) the making of the award was induced or

affected by fraud or corruption or was in

violation of section 75 or section 81 ; or

(ii) it is in contravention with the fundamental

policy of Indian Law ; or

(iii) it is in conflict with the most basic notions of

morality or justice.

Explanation 2 :— For the avoidance of doubt, the test as to whether

there is a contravention with the fundamental

policy of Indian Law shall not entail a review on

the merits of the dispute.”.

25. Insertion of new Fourth Schedule, Fifth Schedule, Sixth

Schedule and Seventh Schedule.––After the Third Schedule to the

principal Act, the following new schedules shall be inserted, namely :—

‘THE FOURTH SCHEDULE

[See section 11 (14)]

Sum in dispute

Model fee

Up to Rs. 5,00,000/-

Rs. 45,000/-

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Above Rs. 5,00,000/-

Rs. 45,000/- plus 3.5 per cent

and up to Rs. 20,00,000/-

of the claim amount over and

above Rs. 5,00,000/-

Above Rs. 20,00,000/-

Rs. 97,500/- plus 3 per cent

and up to Rs. 1,00,00,000/-

of the claim amount over and

above Rs. 20,00,000/-

Above Rs. 1,00,00,000/-

Rs. 3,37,500/- plus 1 per cent

and up to Rs. 10,00,00,000/-

of the claim amount over and

above Rs. 1,00,00,000/-

Above Rs. 10,00,00,000/-

Rs. 12,37,500/- plus 0.75 per cent

and up to Rs. 20,00,00,000/-

of the claim amount over

and above Rs. 1,00,00,000/-

Above Rs. 20,00,00,000/-

Rs. 19,87,500/- plus 0.5 per cent

of the claim amount over

and above Rs. 20,00,00,000/-

with a ceiling of Rs. 30,00,000/-.

Note :—In the event, the arbitral tribunal is a sole arbitrator, he shall be

entitled to an additional amount of twenty-five per cent, on the fee

payable as per the table set out above.

THE FIFTH SCHEDULE

[See section 12 (l)(b)]

The following grounds give rise to justifiable doubts as to the

independence or impartiality of arbitrators :––

Arbitrator’s relationship with the parties or counsel––

The arbitrator is an employee, consultant, advisor or has any other

past or present business relationship with a party.

The arbitrator currently represents or advises one of the parties

or an affiliate of one of the parties.

Sum in dispute

Model fee

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The arbitrator currently represents the lawyer or law firm acting

as counsel for one of the parties.

The arbitrator is a lawyer in the same law firm which is

representing one of the parties.

The arbitrator is a manager, director or part of the management,

or has a similar controlling influence, in an affiliate of one of the

parties if the affiliate is directly involved in the matters in dispute

in the arbitration.

The arbitrator’s law firm had a previous but terminated

involvement in the case without the arbitrator being involved

himself or herself.

The arbitrator’s law firm currently has a significant commercial

relationship with one of the parties or an affiliate of one of the

parties.

The arbitrator regularly advises the appointing party or an affiliate

of the appointing party even though neither the arbitrator nor his

or her firm derives a significant financial income therefrom.

The arbitrator has a close family relationship with one of the parties

and in the case of companies with the persons in the management

and controlling the company.

10.

A close family member of the arbitrator has a significant financial

interest in one of the parties or an affiliate of one of the parties.

11.

The arbitrator is a legal representative of an entity that is a party

in the arbitration.

12.

The arbitrator is a manager, director or part of the management,

or has a similar controlling influence in one of the parties.

13.

The arbitrator has a significant financial interest in one of the

parties or the outcome of the case.

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14.

The arbitrator regularly advises the appointing party or an affiliate

of the appointing party, and the arbitrator or his or her firm derives

a significant financial income therefrom.

Relationship of the arbitrator to the dispute––

15.

The arbitrator has given legal advice or provided an expert opinion

on the dispute to a party or an affiliate of one of the parties.

16.

The arbitrator has previous involvement in the case.

Arbitrator’s direct or indirect interest in the dispute––

17.

The arbitrator holds shares, either directly or indirectly, in one of

the parties or an affiliate of one of the parties that is privately

held.

18.

A close family member of the arbitrator has a significant financial

interest in the outcome of the dispute.

19.

The arbitrator or a close family member of the arbitrator has a

close relationship with a third party who may be liable to recourse

on the part of the unsuccessful party in the dispute.

Previous services for one of the parties or other involvement

in the case––

20.

The arbitrator has within the past three years served as counsel

for one of the parties or an affiliate of one of the parties or has

previously advised or been consulted by the party or an affiliate

of the party making the appointment in an unrelated matter, but

the arbitrator and the party or the affiliate of the party have no

ongoing relationship.

21.

The arbitrator has within the past three years served as counsel

against one of the parties or an affiliate of one of the parties in an

unrelated matter.

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22.

The arbitrator has within the past three years been appointed as

arbitrator on two or more occasions by one of the parties or an

affiliate of one of the parties.

23.

The arbitrator’s law firm has within the past three years acted

for one of the parties or an affiliate of one of the parties in an

unrelated matter without the involvement of the arbitrator.

24.

The arbitrator currently serves, or has served within the past three

years, as arbitrator in another arbitration on a related issue involving

one of the parties or an affiliate of one of the parties.

Relationship between an arbitrator and another arbitrator or

counsel––

25.

The arbitrator and another arbitrator are lawyers in the same law

firm.

26.

The arbitrator was within the past three years a partner of, or

otherwise affiliated with, another arbitrator or any of the counsel

in the same arbitration.

27.

A lawyer in the arbitrator’s law firm is an arbitrator in another

dispute involving the same party or parties or an affiliate of one

of the parties.

28.

A close family member of the arbitrator is a partner or employee

of the law firm representing one of the parties, but is not assisting

with the dispute.

29.

The arbitrator has within the past three years received more than

three appointments by the same counsel or the same law firm.

Relationship between arbitrator and party and others involved

in the arbitration––

30.

The arbitrator’s law firm is currently acting adverse to one of the

parties or an affiliate of one of the parties.

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31.

The arbitrator had been associated within the past three years

with a party or an affiliate of one of the parties in a professional

capacity, such as a former employee or partner.

Other circumstances––

32.

The arbitrator holds shares, either directly or indirectly, which by

reason of number or de-nomination constitute a material holding

in one of the parties or an affiliate of one of the parties that is

publicly listed.

33.

The arbitrator holds a position in an arbitration institution with

appointing authority over the dispute.

34.

The arbitrator is a manager, director or part of the management,

or has a similar controlling influence, in an affiliate of one of the

parties, where the affiliate is not directly involved in the matters

in dispute in the arbitration.

Explanation 1 :—The term “close family member” refers to a spouse,

sibling, child, parent or life partner.

Explanation 2 :—The term “affiliate” encompasses all companies in

one group of companies including the parent

company.

Explanation 3 :—For the removal of doubts, it is clarified that it may

be the practice in certain specific kinds of arbitration,

such as maritime or commodities arbitration, to draw

arbitrators from a small, specialised pool. If in such

fields it is the custom and practice for parties

frequently to appoint the same arbitrator in different

cases, this is a relevant fact to be taken into account

while applying the rules set out above.

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THE SIXTH SCHEDULE

[See section 12 (l)(b)]

Name :

Contact details :

Prior experience (including experience with arbitrations) :

Number of ongoing arbitrations :

Circumstances disclosing any past or present relationship with or

interest in any of the parties or in relation to the subject-matter in dispute,

whether Financial, Business, Professional or other kind, which is likely to

give rise to justifiable doubts as to your independence or impartiality

(list out) :

Circumstances which are likely to affect your ability to devote sufficient

time to the arbitration and in particular your ability to finish the entire

arbitration within twenty-four months and render an award within three

months (list out) :

THE SEVENTH SCHEDULE

[See section 12(5)]

Arbitrator’s relationship with the parties or counsel––

1. The arbitrator is an employee, consultant, advisor or has any other

past or present business relationship with a party.

2. The arbitrator currently represents or advises one of the parties

or an affiliate of one of the parties.

3. The arbitrator currently represents the lawyer or law firm acting

as counsel for one of the parties.

4. The arbitrator is a lawyer in the same law firm which is

representing one of the parties.

5. The arbitrator is a manager, director or part of the management,

or has a similar controlling influence, in an affiliate of one of the

parties if the affiliate is directly involved in the matters in dispute

in the arbitration.

No. 36-2]

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

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

6. The arbitrator’s law firm had a previous but terminated

involvement in the case without the arbitrator being involved

himself or herself

7. The arbitrator’s law firm currently has a significant commercial

relationship with one of the parties or an affiliate of one of the

parties.

8. The arbitrator regularly advises the appointing party or an affiliate

of the appointing party even though neither the arbitrator nor his

or her firm derives a significant financial income therefrom.

9. The arbitrator has a close family relationship with one of the parties

and in the case of companies with the persons in the management

and controlling the company.

10. A close family member of the arbitrator has a significant financial

interest in one of the parties or an affiliate of one of the parties.

11. The arbitrator is a legal representative of an entity that is a party

in the arbitration.

12. The arbitrator is a manager, director or part of the management,

or has a similar controlling influence in one of the parties.

13. The arbitrator has a significant financial interest in one of the

parties or the outcome of the case.

14. The arbitrator regularly advises the appointing party or an affiliate

of the appointing party, and the arbitrator or his or her firm derives

a significant financial income therefrom.

Relationship of the arbitrator to the dispute––

15. The arbitrator has given legal advice or provided an expert opinion

on the dispute to a party or an affiliate of one of the parties.

16. The arbitrator has previous involvement in the case. Arbitrator’s

direct or indirect interest in the dispute

2 8

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

[No. 36-2

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

17. The arbitrator holds shares, either directly or indirectly, in one of

the parties or an affiliate of one of the parties that is privately

held.

18. A close family member of the arbitrator has a significant financial

interest in the outcome of the dispute.

19. The arbitrator or a close family member of the arbitrator has a

close relationship with a third party who may be liable to recourse

on the part of the unsuccessful party in the dispute.

Explanation 1 :— The term, “close family member” refers to a spouse,

sibling, child, parent or life partner.

Explanation 2 :— The term “affiliate” encompasses all companies in

one group of companies including the parent

company.

Explanation 3 :––For the removal of doubts, it is clarified that it may

be the practice in certain specific kinds of arbitration,

such as maritime or commodities arbitration, to draw

arbitrators from a small, specialised pool. If in such

fields it is the custom and practice for parties

frequently to appoint the same arbitrator in different

cases, this is a relevant fact to be taken into account

while applying the rules set out above.’.

PRANAB MUKHERJEE,

President.

–––––––

(Sd.) DR. G. NARAYANA RAJU,

Secretary to the Government of India.

No. 36-2]

The J&K Govt. Gazette, 4th Dec, 2015/13th Agra., 1937.

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

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.

[No. 35-1

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

Details of unit-wise rates proposed and approved in the General

Gram Sabha of Halqa Panchayat Daskal, Block Akhnoor,

District Jammu.

Form No. 14

S. No.

Name of Units

Rate of tax

Remarks

per annum

approved

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

Marble Shop, Karyana Wholesale,

Rs. 10, 000.00

Bike Agency, Knitwear Factory,

Feed Store, Furniture Wholesale

Factory

Building Manufacture Shop,

Rs. 4000.00

Garden Almira Factory,

Poultary Farms, Cement and

Steel Store, Show Room LG,

Show Room Sony, Kouad Shop

and small furniture shop

Small units, below to Rs. 4.00 Lacs

Rs. 500.00

Saw Mill

Rs. 5000.00

Atta Chakki

Rs. 200.00

Pvt. Primary School

Rs. 500.00

Heavy Vehicle

Rs. 500.00

Light Vehicle

Rs. 250.00

Pvt. Bank

Rs. 10,000.00

10.

Earning person

Nil

11.

Mobile Tower except BSNL

Rs. 20,000.00

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

No. 35-2]

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.

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

12.

Pvt. Cars

Nil

13.

Pvt. Hospital

Rs 10,000.00

14.

Banquet Hall

Rs. 10,000.00

15.

Stone Crusher

Rs. 15,000.00

16.

Tile Factory

Rs. 1,000.00

17.

Tractor when used only

Rs. 100.00

agriculture purpose

18.

Quarries, Sand, Bajree,

Stone from Nallah :

1. Tractor @ fee

Rs. 100.00

2. Tipper @ fee

Rs. 200.00

Original Copy of Panchayat Resolution Register of Panchayat Halqa,

Daskal.

(Sd.) KULDEEP KUMAR SHARMA,

Sarpanch,

Panchayat Halqa, Daskal.

Details of units in respect of Panchayat Halqa, Garkhal approved by the

General Gram Sabha in respect of Panchayat Halqa, Garkhal,

Block Akhnoor.

Form No. 14

S. No.

Name of Units

Rate of tax

Remarks

per annum

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

Karyana General Store

Rs. 400.00

Karyana Shop, Hardware Shop,

Rs. 300.00

Medical Shop

Manyari Shop, Sweet Shop,

Rs. 200.00

Barber Shop, Cement Store,

Photographers Shop, Tea Stall,

Service Centre, Furniture Shop

Saw Mills

Rs. 5000.00

Atta Chakki

Rs. 200.00

Pvt. P/S

Rs. 500.00

Ptv. M/S

Rs. 1000.00

Pvt. H/S

Rs. 1500.00

Heavy Vehicle

Rs. 500.00

10.

Light Vehicle

Rs. 250.00

11.

Pvt. Bank

Rs. 4000.00

12.

Earning person

Nil

13.

Mobile Tower Except BSNL

Rs 20,000.00

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [No. 35-2

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

14.

Pvt. Cars

Nil

15.

Pvt. Hospital

Rs. 2000.00

16.

Banquet Hall

Rs. 3000.00

17.

Stone Crusher

Rs. 15000.00

18.

Tractor when used Agriculture

purpose

19.

Quarries, Sand Bajree,

Stone from Nallah @ fees

1. Tractor

Rs. 100.00

2. Tipper

Rs. 200.00

Copy of Panchayat Resoulation Register of Panchayat Halqa,

Garkhal.

(Sd.) KULDEEP SINGH MANHAS,

Sarpanch,

Panchayat Halqa, Garkhal,

Akhnoor (J&K).

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

No. 35-2]

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.

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

Details of unit-wise rates proposed and approved in the

General Gram Sabha of Halqa Panchayat Ambaran, Block Akhnoor,

District Jammu.

Form No. 14

S. No.

Name of Units

Rate of tax

Remarks

per annum

approved

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

Scooter Agency, Pepsi Agency

Rs. 500.00

Army General Store, Furniture

Rs. 250.00

House, Karyana big shop

Small Karyana Shop, Poultry Farm,

Rs. 100.00

Tea Stall, Barber Shop, Tailor Shop,

Meat Shop, Cycle Repair Shop,

Shuttering Shop

Atta Chakki

Rs. 200.00

Heavy Vehicles

Rs. 500.00

Light Vehicles

Rs. 250.00

Mobile Towers

Rs. 20,000.00

Earning person

Nil

Pvt. Cars

Nil

10.

Banquet Hall

Rs. 3,000.00

11.

Stone Crusher

Nil

12.

Tractor when used for agricultural

Rs. 100.00

purpose

13.

Furniture House

Rs 500.00

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [No. 35-6

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

14.

Saw Mills

Nil

15.

Brick Kiln

Nil

16.

Quarries, Sand Bajree,

Stone from Nallah @ fees :

1. Tractor Trolly

Rs. 100.00

2. Tipper

Rs. 200.00

Original Copy of Panchayat Resolution Register of Panchayat Halqa,

Ambaran, Block Akhnoor.

(Sd.) RISHI SINGH,

Sarpanch,

Panchayat Halqa, Ambaran.

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

No. 35-6]

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.

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

Details of unit-wise rates proposed and approval in the

General Gram Sabha of Halqa Panchayat, Sungal-Upper

Block Akhnoor, District Jammu.

Form No. 14

S. No.

Name of Units

Rate of tax

per annum

approved

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

Karyana Shop

Rs. 300.00

Tailor Shop, Furniture Shop,

Rs. 200.00

Barbar Shop, Vegetable Shop

Saw Mill

Rs. 5000.00

Atta Chakki

Rs. 200.00

Pvt. P/S

Rs. 500.00

Pvt. M/S.

Rs. 1000.00

Heavy Vehicle

Rs. 500.00

Light Vehicle

Rs. 250.00

Pvt. Bank

Rs. 5000.00

10.

Earning person

Nil

11.

Mobile Tower except BSNL

Rs. 20,000.00

12.

Pvt. Cars

Nil

13.

Pvt. Hospital

Rs. 4000.00

14.

Banquet Hall

Rs. 3000.00

15.

Stone Crusher

Rs. 15000.00

The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [No. 35-15

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

16.

Tractor when used Agriculture

Rs. 100.00

purpose

17.

Quarries, Sand, Bajree,

Stone from Nallah @ fees

1. Tractor @ per trip

Rs. 100.00

2. Tipper @ per trip

Rs. 200.00

Copy of the Panchayat Resolution Register of Panchayat Halqa,

Sungal Upper-Sumah Block, Akhnoor.

(Sd.) KULDEEP RAJ,

Sarpanch,

Panchayat Halqa,

Sungal-Upper, Sumah.

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

No. 35-15] The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.

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

Rate list approved by the Gram Sabha Halqa Panchayat Kotli Tanda,

Block Akhnoor, District Jammu.

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

S. No.

Name of the Unit

Rate of tax per

annum

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

Karyana Shop

200/-

Tea Stall Dhaba

200/-

Atta Chakki

50/-

Light Vehicles

300/-

Heavy Vehicles

500/-

Poultary Farm

500/-

Almirah Factory

500/-

Furniture House

1000/-

Barber Shop

50/-

10.

Sweet Shop

100/-

Certified copy of rates approved by Gram Sabha.

(Sd.) CHAMEL SINGH PAWAR,

Sarpanch,

Panchayat Kotli Tanda (Akhnoor).

4 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [No. 35-16

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

Details of units in respect of Panchayat Halqa, Targwal approved by

the Gram Sabha (General) P-09.

S. No.

Name of Units

Rate of tax

Remarks

per annum

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

Poultry Farm, Karyana Shop,

Rs. 500.00

Building Shop, Tent House

Medical Shop

Rs. 250.00

Barber Shop, Tailor Shop,

Rs. 150.00

Carpenter Shop, Shoe Maker,

Electric Shop, Cycle Repair

Saw Mill

Rs. 5000.00

Atta Chakki

Rs. 200.00

Pvt. P/S

Rs. 500.00

Heavy Vehicle

Rs. 500.00

Light Vehicle

Rs. 250.00

Earning person

Nil

10.

Mobile Tower Except BSNL

Rs 20,000.00

11.

Pvt. Cars

Nil

12.

Banquet Hall

Rs. 2000.00

13.

Stone Crusher

Rs. 15000.00

14.

Furniture House

Rs. 2000.00

15.

Tractor when used for agriculture

Rs. 100.00

purpose

4 The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937. [No. 35-17

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

16.

Quarries, Sand, Bajree,

Stone from Nallah @ fees

1. Tractor @

Rs. 100.00

2. Tipper @

Rs. 200.00

Original copy of Panchayat Resolution Register of Panchayat Halqa,

Targwal.

(Sd.) SURINDER SINGH PAWAR,

Sarpanch,

Panchayat, Targwal,

Block Akhnoor.

No. 35-17] The J&K Govt. Gazette, 26th Nov., 2015/5th Agra., 1937.

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