THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129]

Srinagar, Thu., the 2nd June, 2016/12th Jyai., 1938.

[ No. 9

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART 11-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

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

of

Departments,

Provincial

Heads,

Magistrates and other officers competent to

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

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

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

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

(b) Rates and wages ....

(c) Crop Report and Forecasts ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Government Press, Srinagar.

86-96

135-146

17-18

109-124

43-46

33-36

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

Notification

No. 771 Dated 10-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Ms. Massarat Jabeen D/o Mr. Mohd Ashraf Shah R/o Rozabal,

Charar-i-Sharief, Budgam has been admitted and enrolled as an Advocate

on the Roll of Jammu and Kashmir Bar Council provisionally for a period

of one year from the date of issuance of this notification, subject to the

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

her character and antecedent from the concerned agency. Her name has

been entered under Serial No. JK-32/2016 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.

By order.

––––––––

Notification

No. 796 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Mohmad Sharief S/o Mr. Meer Mohmad R/o Bernate, Boniyar,

Baramulla, A/P H. No. 27, Custodian Colony, Sanat Nagar, 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/

86 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

LL.B Degree Certificate and verification of his character and antecedent

from the concerned agency. His name has been entered under Serial

No. JK-33/2016 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.

By order.

––––––––

Notification

No. 797 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Masood Ahmad Magray S/o Mr. Ab. Majeed Magray R/o Adoora,

Shahoora, Kadlabal, Adoora, Pulwama has been admitted and enrolled as

an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally

for a period of one year from the date of issuance of this notification,

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-31/2016 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.

By order.

––––––––

Notification

No. 798 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Muddsar Akbar S/o Mr. Mohd Akbar R/o Seri Chowana, Haveli,

Poonch, A/P Radio Station Poonch, W. No. 6, H. No. 186 has been admitted

and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 87

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

88 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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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-30/2016 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.

By order.

––––––––

Notification

No. 799 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Ms. Mahajabeen Akhter D/o Mr. Ghulam Mohamad R/o Bagga, P/O

Sarh, Tehsil Mahore, Reasi, A/P Sidhra Bye-pass, Nikki Mohalla, Jammu

has been admitted and enrolled as an Advocate on the Roll of Jammu and

Kashmir Bar Council provisionally for a period of one year from the date

of issuance of this notification, subject to the verification of her provisional/

LL.B Degree Certificate and verification of her character and

antecedent from the concerned agency. Her name has been entered under

Serial No. JK-29/2016 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.

By order.

––––––––

Notification

No. 800 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Mir Mubashir Maqbool S/o Mr. Mohd Maqbool Mir R/o Gundipora,

1st Street, Hergam, Pulwama has been admitted and enrolled as an

Advocate on the Roll of Jammu and Kashmir Bar Council provisionally

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 89

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

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-28/2016 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.

By order.

––––––––

Notification

No. 801 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Manzoor Ahmed S/o Mr. Abdul Salam R/o Padum, Near Old Mosque,

Zanskar, Kargil , A/P Tibetian Colony, H. No. 6, 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-27/2016 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.

By order.

––––––––

Notification

No. 802 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Mohd Aqib Wani S/o Mr. Bashir Ahmad Wani R/o Mazhama,

Shopian, Wani Mohalla, Keegam, Shopian has been admitted and enrolled

as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally

90 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

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-26/2016 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.

By order.

––––––––

Notification

No. 803 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Ms. Kajal Charak D/o Mr. Sansar Singh R/o H. No. 166, Govind Nagar

Colony, Deoli, Bishnah, 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 her provisional/LL.B Degree Certificate and verification

of her character and antecedent from the concerned agency. Her name

has been entered under Serial No. JK-25/2016 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.

By order.

––––––––

Notification

No. 805 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Nahid Hussain Naik S/o Mr. Mohd. Hussain Naik R/o Asnoor, DH

Pora, Kulgam has been admitted and enrolled as an Advocate on the

Roll of Jammu and Kashmir Bar Council provisionally for a period of one

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 91

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

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-42/2016 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.

By order.

––––––––

Notification

No. 806 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Nadeem Yaqoob Bhat S/o Mr. Mohammad Yaqoob Bhat R/o Firdous

Abad, Batamallo, Tehsil Khas, 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-41/2016 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.

By order.

––––––––

Notification

No. 807 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Nikhil Choudhary S/o Mr. Tilak Raj Choudhary R/o H. No. 343,

W. No. 7, Jawahar Nagar, Narwal Pain, Jammu has been admitted and

enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council

92 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

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-40/2016 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.

By order.

––––––––

Notification

No. 808 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Neelam Singh S/o Mr. Sudesh Singh R/o Pogal Paristan, Ramban,

A/P Rehari Colony, Quarter No. 175&176, 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-39/2016 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.

By order.

––––––––

Notification

No. 809 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Ms. Nancy Kundal D/o Mr. Somnath Kundal R/o Amir Nagar, Dabbar

(Harsa), Bishnah, Jammu has been admitted and enrolled as an Advocate

on the Roll of Jammu and Kashmir Bar Council provisionally for a period

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 93

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

of one year from the date of issuance of this notification, subject to the

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

her character and antecedent from the concerned agency. Her name has

been entered under Serial No. JK-38/2016 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.

By order.

––––––––

Notification

No. 810 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Ms. Nasia Ahad Karnai D/o Mr. Abdul Ahad Karnai R/o Opp. Hotel

City Daltop, Boulevard Road, Nehru Park, 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 her provisional/LL.B

Degree Certificate and verification of her character and antecedent

from the concerned agency. Her name has been entered under Serial

No. JK-37/2016 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.

By order.

––––––––

Notification

No. 811 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Ms. Nidhi Kaila D/o Mr. Haresh Kaila R/o H. No. 179, Purani Mandi,

Jammu, A/P H. No. 22-D, Lane-1, Tawi Vihar Colony, Sidhra, Jammu has

been admitted and enrolled as an Advocate on the Roll of Jammu and

94 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

Kashmir Bar Council provisionally for a period of one year from the date of

issuance of this notification, subject to the verification of her provisional/

LL.B Degree Certificate and verification of her character and antecedent

from the concerned agency. Her name has been entered under Serial

No. JK-36/2016 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.

By order.

––––––––

Notification

No. 812 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Nikhileshwar Singh S/o Mr. Ishwar Lal Thakur R/o H. No. 53, Ward

No. 5, Barrian, Udhampur has been admitted and enrolled as an Advocate

on the Roll of Jammu and Kashmir Bar Council provisionally for a period

of one year from the date of issuance of this notification, subject to the

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

his character and antecedent from the concerned agency. His name has

been entered under Serial No. JK-35/2016 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.

By order.

––––––––

Notification

No. 813 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Nazeer Ahmad Wagay S/o Mr. Ab. Gani Wagay R/o Lolipora,

Humpora Mohalla, Chadoora, Budgam has been admitted and enrolled as

an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 95

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

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-34/2016 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.

By order.

––––––––

Notification

No. 814 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Parshotam Lal Sharma S/o Mr. Ram Rattan Sharma R/o Village

Chak Jaralan, P/O Kanhal, Bishnah, 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-51/2016 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.

By order.

––––––––

Notification

No. 815 Dated 12-02-2016.

It is hereby notified that vide High Court Order dated 10-02-2016

Mr. Pardeep Kumar S/o Mr. Madan Lal R/o Bani, Near Mela Ground,

Tehsil Bani, District Kathua has been admitted and enrolled as an Advocate

on the Roll of Jammu and Kashmir Bar Council provisionally for a period

96 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

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-50/2016 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.

By order.

(Sd.)

G. M. PARRAY,

Joint Registrar (Admn.).

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––INFORMATION DEPARTMENT, J&K.

Subject :––Advertisement Policy, 2016.

Reference :––State Administrative Council Decision No.11/3/2016

dated 03-03-2016.

–––––

Government Order No. 09-ID of 2016

Dated 04-03-2016.

In supersession of the Advertisement Policy issued vide Government

Order No. 53-ID of 1996 dated 26-07-1996, read with Government

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Thu., the 2nd June, 2016/12th Jyai., 1938. [No. 9

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.

———–

Order No. 06-ID of 2001 dated 17-04-2001, sanction is hereby accorded

to the implementation of the revised Advertisement Policy of the Information

Department as per Annexure–A to this order.

By order of the Government of Jammu and Kashmir.

(Sd.) B. B. VYAS, IAS,

Financial Commissioner,

Information Department.

–––––

136 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

Annexure–A to Government Order No. 09-ID of 2016 dated 04-03-2016.

Advertisement Policy, 2016

Introduction :

(1) The Department of Information and Public Relations (DIPR) is

the Nodal Department for distribution of advertisement of the

Government of Jammu and Kashmir and offers single window

and cost effective publicity to all the State Government

Departments, Public Sector Enterprises, Autonomous and Local

Bodies. It places advertisement in the newspapers and other media

within and outside the State as per the policy of the Government.

(1.1) Government advertising is undertaken for a wide and diverse range

of purposes, mainly in the form of recruitment advertisements,

public notices, notices inviting tenders, statutory notifications, urgent

public health or safety announcements, public awareness

advertisement and others. The purpose is to disseminate to the

public at large, information about Government programmes,

policies or initiatives and any public health or safety issue.

(1.2) In releasing advertisements to the media, DIPR must not take

into account the political affiliation or editorial policies of the media.

However, DIPR shall not release advertisements to such media,

which incite or tend to incite communal passion, preach violence,

offend the sovereignty and integrity of India or socially accepted

norms of public decency and behavior and violate the journalistic

code of ethics.

(1.3) The Government advertisement is not intended to provide financial

support to any media but to help its growth and development and

in expanding its operation in a healthy, professional and competitive

environment. DIPR shall maintain a list of media under various

categories approved by the Empanelment Committee and issue

advertisements in a judicious manner as per the Government Policy,

upholding the broad social objectives of promoting responsible,

constructive and healthy journalism in Jammu and Kashmir.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 137

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

(1.4) Every State Government advertisement shall be routed through

DIPR. Instructions to this effect have been issued by the General

Administration Department (GAD) whereby all Government

Departments/PSUs/Autonomous/Local Bodies have been directed

not to under any circumstances, issue official advertisements

directly to the media and instead route these through DIPR which

shall also monitor the implementation of the circular instructions

and report violations in this regard, if any, to the Government.

Empanelment Committee :

(2) The Empanelment Committee headed by the Administrative

Secretary to the Government, Department of Information

and Public Relations, constituted vide Government Order

No.17-ID of 2015 dated 26-6-2015, shall deal with eligibility and

empanelment of media for receiving Government advertisements.

The Empanelment Committee shall meet at least once a year to

review and update the list of media for empanelment.

Eligibility for Empanelment of Newspapers/Magazines :

(3) The Empanelment Committee shall consider empanelment of

newspapers/magazines printed and published in the State of

Jammu and Kashmir mainly on the basis of their circulation,

production standard, content and number of pages.

Categorization

Circulation per

Circulation per publishing

of newspapers

publishing day for

day for newspapers

English newspapers

published in Urdu, Hindi,

Dogri, Kashmiri, Ladakhi or

any other recognized

language of J&K

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

1

2

3

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

‘A’ Category

Newspapers with

Newspapers with

circulation of 25000

circulation of 20000

138 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

copies and above

copies and above with at

with at least four

least four pages in colour.

pages in colour.

‘B’ Category

Newspapers with

Newspapers with

circulation of 15000

circulation of 12000 and

and above, but less

above, but less than

than 25000 copies

20000 copies with at least

with at least two

two pages in colour.

pages in colour.

‘C’ Category

Newspapers with

Newspapers with

circulation of 5000

circulation of 4000 and

and above, but less

above, but less than

than 15000 copies.

12000 copies.

‘D’ Category

Newspapers with

Newspapers with

circulation of 1000

circulation of 800 and

and above copies,

above copies, but less

but less than 5000

than 4000 copies.

copies.

(3.1) A newspaper in English should have a minimum paid circulation

of not less than 1000 copies per publishing day for being considered

eligible for empanelment. However, newspapers in Urdu, Hindi,

Dogri, Kashmiri, Ladakhi or any other recognized language of

Jammu and Kashmir should have a minimum paid circulation of

500 copies per publishing day for being considered eligible for

empanelment. A bi-weekly/weekly should have a minimum paid

circulation of 2000 copies per week, fortnightly 2500 paid copies

per two weeks and a monthly should have a minimum paid

circulation of 3000 copies per month for being considered eligible

for empanelment.

(3.2) Newspapers and periodicals with all India circulation, printed

and published outside J&K and listed in the approved list of

Directorate of Advertising and Visual Publicity (DAVP),

Government of India, can also be considered for release of

advertisements as and when required by the Government.

1

2

3

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

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 139

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

However, advertisement, to such newspapers/periodicals would

be released only on the specific instructions of the department

seeking publication of the advertisement in the newspapers/

periodicals from outside the State. Such advertisements would be

issued on DAVP rates.

(3.3) The circulation claim of a publication will be accepted, only if it is

certified by Registrar of Newspapers for India (RNI) and Audit

Bureau of Circulation (ABC). The Circulation Certificate will be

considered valid up to three years from the date of issue for the

purpose. In case the newspaper is not assessed by RNI/ABC,

the Empanelment Committee will take into consideration the claim

of circulation certified by a recognized Chartered Accountant and

the certificate of the Printing Press along with the print order of

the newspaper/periodical concerned. However, the Department

of Information and Public Relations shall also reserve the right to

have the figures of circulation, printing capacity, news print

consumption and sale proceeds verified through any independent

mechanism, in respect of any category of publications as would

be considered appropriate.

(3.4) A newspaper/magazine should have the following minimum print

area per page/number of pages :––

Category of

Minimum print

Minimum

newspapers/magazines

area per page

number of

pages

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

Dailies

400 Col Cms

8

Weeklies

200 Col Cms

16

Fortnightlies

200 Col Cms

24

Monthlies

100 Col Cms

32

Regularity and Standards of Publications :

(4) All newspapers/magazines seeking empanelment for the first time

should comply with the following :––

(4.1) The newspaper/magazine must be published uninterruptedly and

regularly for a period of not less than 36 months. The applicant to

140 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

be considered as a regular publication should have published the

newspaper on at least 25 days in each month during the preceding

36 months. Weeklies should have published 138 issues during the

preceding 36 months, fortnightlies 69 issues and monthlies 33 issues

during the preceding 36 months. The Empanelment Committee

may relax the regularity conditions, in the event of any exigency

like natural disaster or any other condition beyond the control of

the Publisher.

(4.2) In case of change of periodicity of the publication which is already

approved for advertisements earlier for another category, it shall

have to wait for another one year before being considered for

new category like Daily/Bi-weekly/Weekly.

(4.3) The publication should comply with the provisions of the Press

and Registration of Books Act, 1867 and the Registration of

Newspapers (Central) Rules, 1956 and any other law, rules,

regulation as may be applicable in the State of Jammu and Kashmir.

(4.4) The applicant should furnish a copy of the Certificate of

Registration issued by the Registrar of Newspapers for India

(RNI) in the name of the Publisher.

(4.5) The details of the paper like size, language, periodicity, owner’s

name, place of publication, print area, number of pages, details of

printing press, list and number of paid employees, address of office

premises/contact number/e-mail of applicant shall also be furnished

along with other documents.

(4.6) Further, it must be substantiated that the newspaper being published

is of reasonable standards which inter alia means that––

(4.6.1) The print matter and photographs should be legible, neat and clear

and without smudges, overwriting and tampering.

(4.6.2) There should be no repetition of news items or articles from other

issues. There should be no reproduction of news items or articles

from other newspaper/magazines and the source of news/articles

should be mentioned.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 141

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

(4.6.3) Masthead on its front page should carry the title of the newspaper,

place, date and day of publication, year of publication, RNI

Registration Number, volume and issue number, number of pages

and price of newspaper/magazine.

(4.6.4) The newspaper should carry imprint line as required under the

Press and Registration of Books Act.

(4.6.5) Inner pages must carry page number, title of the paper and date

of publication. For multi-editions, place of publication must be

mentioned in inner pages also.

(4.6.6) All the publications must necessarily carry an editorial of its own.

(4.6.7) A newspaper/periodical should have an established office address

in the area from which it is being published.

Empanelment Schedule :

(5) Fresh applications for empanelment may be made once a year

i. e. in the first week of January. The newspaper Publisher must

ensure that his/her publication fulfills all the norms laid down in

the Advertisement Policy before applying for empanelment. The

application form must be complete in all respects with supporting

documents. Incomplete applications will not be considered.

(5.1) The empanelment already granted to publications earlier by the

Directorate of Information, shall remain valid for a maximum

period of one year from the date the new Advertisement Policy

comes into effect. Within one year, the Publishers shall have to

complete all the requisite formalities and meet the norms set out

in the revised Advertisement Policy (2016) for fresh categorization

and empanelment.

(5.2) If a Printer Publisher has more than one title/s registered in his/

her name in the same language, with same periodicity and

published from same place, only one such publication would be

considered for empanelment.

(5.3) The Empanelment Committee shall afresh examine the existing

newspaper/periodical circulation level and recommend to the

Government for placing them under the appropriate category

(A, B, C & D) for release of advertisements.

142 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

De-empanelment/Suspension of Newspapers/Magazines :

(6) It shall be the duty of Deputy Director (PR), Kashmir and Deputy

Director (PR), Jammu to monitor the content and creative standard

of the empanelled newspaper published in their respective divisions

and if it is found that a newspaper is not adhering to the reasonable

standards of publication, the same shall be reported to

Member-Secretary, Empanelment Committee i. e. Joint Director

Information (Hqr.) immediately.

(6.1) The Empanelment Committee shall have the freedom and the

competency to delist any listed newspaper/periodical in the interest

of the State or professional ethics, from the approved list.

(6.2) A newspaper/magazine will be suspended from empanelment by

the Empanelment Committee, with immediate effect if––

(6.3) Found to have deliberately submitted false information regarding

circulation or otherwise.

(6.4) Found to have discontinued its publication, changed its periodicity

or its title or have become irregular or changed its premises/

press without due intimation to the Member-Secretary of the

Empanelment Committee.

(6.5) It has failed to submit its Annual Return to the RNI or its Annual

Circulation Certificate from the prescribed agencies.

(6.6) Indulged in unethical practices or anti-national activities.

(6.7) Convicted by Court of Law for such (6.4) activities.

(6.8) In such cases the newspaper/magazine will remain suspended for

a period decided by the Empanelment Committee; provided that

order of suspension shall not be issued without giving a reasonable

opportunity to the concerned newspaper/magazine in case of (6.1),

(6.2) (6.3) & (6.4) above.

Release of Advertisements :

(7) As soon as requisition for release of advertisement is received

from various Government Departments/PSUs/Autonomous/Local

Bodies, DIPR shall prepare a suitable media list, considering the

content, purpose and the target audience of the advertisement.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 143

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

(7.1) DIPR shall carefully select the media to ensure that advertising is

as effective as possible and reaches the intended target audience.

(7.2) DIPR shall ensure adherence to the prescribed space norms for

advertisement. The advertisement shall preferably be given in

abstract form only with its full version hoisted on the website of

the department from which advertisement requisition has been

made.

(7.3) No newspaper shall publish Government advertisement without

receipt of the relevant Release Order from DIPR.

(7.4) The newspaper will be obliged to strictly adhere to the date of

publication of the advertisement as specified by DIPR in the

Release Order. Publication of advertisement on dates other than

that given in the Release Order, unless intimated otherwise, will

not be regularized with revalidation of Release Order and no

payment will be made in such cases.

(7.5) DIPR shall release display advertisements related to social

messages and various welfare schemes, which are not

date specific, to magazines that promote the rich historical and

cultural heritage, art and literature of Jammu and Kashmir.

(7.6) For rate purposes, standard advertising unit shall continue to be of

per column per centimeter.

(7.7) Distribution of advertisements to different categories would be

made on the basis of the parameters like circulation of the

newspaper/periodical, number of pages, life of newspaper/

periodical, production standard, tone and content, size of pages

and any other parameter as may be deemed appropriate by the

Empanelment Committee. No Litho newspaper would be

empanelled for advertisement.

144 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

(7.8) While releasing advertisement, DIPR shall as far as possible

maintain a judicious balance between various categeries of

newspapers and shall endeavo to encourage vernacular language

and small category newspapers in pursuance of the broad social

objectives of the Government of Jammu and Kashmir and for

ensuring fairness among various categories of newspapers/

magazines.

Submission and Payment of Advertisement Bills :

(8) The advertisement tariff and the mode of payment would be as

per the guidelines of the Finance Department issued from time to

time.

(8.1) In case of corporations/autonomous bodies etc. advertisements

will be issued on Government approved rates.

(8.2) Every newspaper Publisher shall be obliged to submit its

advertisement bill to DIPR, complete in all respects, and supported

with relevant documents including the actual space used, within

30 days of the publication of the advertisement.

(8.3) Every newspaper Publisher shall be obliged to send one copy of

the newspaper on its own carrying the Government advertisements

to DIPR, failing which payment for the advertisement may not be

considered. In addition, DIPR may ask for regular supply of

specimen copies of any empanelled publication for the period

considered necessary.

(8.4) Payment of bills of advertisements pertaining to the State

Government Departments will be made by DIPR. Payment of

bills pertaining to advertisements from PSUs/Autonomous Bodies/

judiciary and all such advertisements which fall under non-budget

category shall be made by the concerned departments that send

the advertisements to DIPR for release.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 145

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

(8.5) No payment shall be made of any bill, if the advertisement to

which it relates, has been published after the expiry of the date by

which it was required to be published, published incorrectly and

without obtaining written order of the Competent Authority.

(8.6) DIPR shall release payment of advertisement bills only to the

Publishers Bank Account Number registered with the department.

(8.7) No change in the Bank Account Number shall be entertained

during the year of empanelment unless it is justified and found

unavoidable or compelling.

Advertisements to Electronic Media/Internet Based News Portals :

(9) Subject to the availability of funds, DIPR may consider releasing

advertisements to Electronic Media/News Portals which fulfill the

criteria, to be determined by the Empanelment Committee.

Provided that the Empanelment Committee shall co-opt such

experts as it deems appropriate to firm up the criteria for issuing

advertisements to the empanelled electronic media/news portals.

Review of Advertisement Policy :

(10) The Government shall assess the implementation of this Policy

from time to time and may make such amendments in the

Advertisement Policy as would be considered appropriate as and

when the need arises.

(Sd.) R. K. KATOCH, KAS,

Additional Secretary to Government,

Information Department.

146 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Thu., the 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

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

Subject :–––Assumption of Charge.

––––––

In compliance to Government Order No. 365-GAD of 2016 dated

11-04-2016, I, Munir-ul-Islam hereby assume the charge of Director,

Information, J&K Government today the 30th of April, 2016 ( A. N.).

(Sd.) MUNIR-UL-ISLAM, KAS,

Director, Information.

––––––––

Subject :––Handing over/taking over the charge of the post(s) of

Administrative Secretary, Information, H&P, Civil Aviation and

Estates Departments.

–––––––

In pursuance of Government Order No. 389-GAD of 2016 dated

18-04-2016, we the undersigned hereby handover/takeover the charge of

the post(s) of Administrative Secretary, Information, H&P, Civil Aviation

and Estates Departments today i. e. on April 18, 2016 afternoon.

(Sd.) B. B. VYAS, IAS,

Financial Commissioner,

Planning and Dev. Department.

Relieved Officer.

(Sd.) NAVIN KUMAR CHOUDHARY, IAS,

Principal Secretary to Hon’ble Chief Minister.

Relieving Officer.

18 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [No. 9

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

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

ASSISTANT COMMISSIONER (REVENUE), JAMMU.

Notice under sections 9&9-A of the Land Acquisition Act,

Svt. 1990.

Whereas, the under mentioned land is required for public

purposes namely for the construction of PMGSY Road at Village

Kathar, Tehsil Dansal, District Jammu and the same stands declared

under sections 6&7 of the Land Acquisition Act by the Deputy

Commissioner, Jammu vide Notification No. 24/DCJ of 2015-16 issued

under endorsement No. DCJ/LA/PMGSY-Kathar/Noti-6&7/2015-16/

815-21 dated 21-12-2015.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Thu., the 2nd June, 2016/12th Jyai., 1938. [No. 9

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

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.

_______

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

Accordingly, all the interested persons in the said land are hereby

called upon to attend personally or by an agent in the office of

undersigned within a period of 15 days to state the nature of their

respective interest in the land and the amount and the particulars

of their claims to compensation for such interests :–

Specification of land

District

Tehsil

Village

Khasra Nos.

Area

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

1

2

3

4

5

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

K. M.

Jammu

Dansal

Kathar

322 min

00–03

322 min

00–02

6101/90

00–02

173 min

01–05

319 min

00–02

175 min

00–11

179 min

00–04

176

00–14

176 min

01–04

176 min

00–06

3218 min

01–03

5617/321

01–12

168 min

01–08

169 min

00–07

174 min

01–01

110 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

173

00–05

3224

06–01

3223

00–07

3227

00–08

3230 min

00–07

3231 min

00–13

3233 min

00–11

3233 min

00–04

3233 min

00–05

3218 min

01–03

3216 min

01–02

3234 min

00–05

3233 min

00–07

3233

00–05

3336

00–06

3231

04–04

3234 min

00–04

3234 min

00–02

3234 min

00–02

3235/1

00–06

1

2

3

4

5

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

K. M.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 111

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

3236 min

00–13

3239

00–02

3240

00–14

3241

00–07

3304 min

00–06

3241 min

00–11

3241 min

00–09

3276

01–10

3272-3275

00–16

3272 min

00–16

3271 min

3270

00–11

3270 min

00–03

3270 min

00–04

3270 min

00–12

3288 min

00–15

3288 min

00–17

3288 min

00–02

4607 min

01–05

4655 min

00–01

1

2

3

4

5

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

K. M.

112 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

4656

00–02

4657

00–01

4658

00–02

4659

00–04

4660

00–02

4661

00–02

4662

00–02

4663

00–03

4664

00–03

4665

00–03

4666 min

00–03

4667

00–01

4668

00–02

4537

00–02

4538

00–03

4535

00–01

4536

00–02

4539

00–02

4540

00–02

4541

00–01

4542

00–03

1

2

3

4

5

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

K. M.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 113

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

4543

00–01

4544

00–02

4595

00–02

4599

00–01

4600

00–01

4601 min

00–04

4671 min

00–10

4672

00–03

4673

00–04

4674

00–06

4450

00–01

4472

00–19

4471

00–10

3858 min

00–02

3860

00–07

3863 min

00–03

3862 min

00–14

3884

00–01

3885

00–01

3886

00–01

3887 min

00–01

3888 min

00–01

3889

00–01

1

2

3

4

5

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

K. M.

114 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

3898

00–01

3900

00–01

3901

00–01

3902 min

00–01

3909 min

00–02

3910 min

00–02

3911 min

00–02

3912 min

00–03

3913

00–02

3914

00–02

5601 min

07–18

5601 min

00–01

5601 min

00–01

5601 min

00–01

5601 min

00–10

5601 min

00–01

3313 min

00–08

–––––

G. Total 55–04

–––––

(Sd.) DR. TAHIR FIRDOOS, KAS,

Collector, Land Acquisition,

Assistant Commissioner (Rev.),

Jammu.

––––––

1

2

3

4

5

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

K. M.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 115

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

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE ADDITIONAL DEPUTY COMMISSIONER,

(COLLECTOR, LAND ACQUISITION), NANDINI HILLS,

SAMBA, J&K.

Subject :—Acquisition of land measuring 14 Kanals 11 Marals for laying of

35 Nos. Tower Foundation of 132 KV S/C Transmission Line on

D/C Tower from 132/66 KV Grid Station, Samba to RTSS at

Samba, District Samba.

––––––—

Notification under section 4 (1)

In exercise of powers conferred under sub-section (1) of

section 4 of the Land Acquisition Act, Svt. 1990, I, Pawan Kumar

Sharma, KAS, Collector, Land Acquisition (Additional Deputy

Commissioner), Samba do hereby notify that the land particulars of

which are given below is needed for public purposes namely for laying

of 35 Nos. Tower Foundations of 132 KV S/C Transmission Line

on D/C Tower from 132/66 KV Grid Station, Samba to RTSS at

Samba, District Samba.

Any objection to the acquisition of the said property may be

filed in this Collectorate within 15 days from the date of issuance

of this notification. After the expiry of time period no objection will

be entertained in this office.

Particulars of land

District

Village

Kh. Nos.

Area

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

1

2

3

4

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

K. M. S.

Samba

Ramnagar

286 min

00–09–00

288

00–09–00

116 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

314

00–06–00

Rakh Amb Tali

311

00–08–00

335

00–6.5–00

342

00–06–00

Mandhera

621/290

00–6.5–00

615/287

00–6.5–00

530/133

00–07–07

140

00–4.5–00

387/237

00–6.5–00

579/235

00–09–00

310/174

00–08–00

555/198

00–04–02

207

00–6.5–00

334/327/1

00–09–00

334/327/1

00–05–04

334/327/1

00–09–00

334/327/1

00–09–00

Bela-Samba

55/50/34

00–09–00

Nandini

95/43

00–09–00

Bela-Samba

55/50/34

00–16–00

1

2

3

4

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

K. M. S.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 117

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

1

2

3

4

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

K. M. S.

55/50/34

01–00–00

Arazi-Samba

284/245/25

00–6.5–00

Daboh

203

00–07–01

203

00–09–00

Arazi-Samba

284/245/25

00–11–00

44 min

00–11–00

44

00–6.5–00

227/36

00–6.5–00

265/261/244/36

00–05–08

44 min

00–10–00

Behri

5

00–09–00

6 min

00–09–00

25 min

00–09–00

–––––––

Total

14–11–00

–––––––

(Sd.) PAWAN KUMAR SHARMA, KAS,

Additional Deputy Commissioner,

Samba.

–––––––

118 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ACR), RAMBAN.

Notification

In exercise of the powers vested in me under section 4,

sub-section (1) of the J&K State Land Acquisition Act, Svt.1990, I, Vevaik

Puri (KAS), Collector, Land Acquisition (ACR), Ramban do hereby notify

that the below mentioned land is needed for public purpose namely for

establishment of “CRPF, Transit Camp at Village Dalwas” Tehsil and

District Ramban.

Particulars of land

District

Tehsil

Village

Khasra Nos.

Area

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

K. M.

Ramban

Ramban

Dalwas

891

10–07

890

01–16

893

05–02

–––––

Total

17–05

–––––

Objection, if any, to the proposed acquisition shall be submitted

to this Collectorate within 21 days from the date of publication of

this notification.

(Sd.) VEVAIK PURI, KAS,

Collector,

Land Acquisition (ACR),

Ramban.

––––––

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 119

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

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ADDITIONAL DEPUTY COMMISSIONER),

RAMBAN.

Notification

On indent placed by Project Director, NH-A1 PIU, Srinagar vide his

No. PD/SGR/14022/LA-Ramban/43 dated 25-05-2013 and in exercise of

the powers vested in me under section 4, sub-section (1) of the J&K Land

Acquisition Act, Svt. 1990, I, Babu Ram (KAS), Collector, Land Acquisition

(Additional Deputy Commissioner), Ramban do hereby notify that the land

particulars of which are given below is likely to be needed for public purpose

namely for widening of NH-A1 in Village Bankoot area measuring 03

Kanals 17 Marals, Tehsil Banihal, District Ramban.

Objection, if any, to the proposed acquisition shall be received

by the undersigned within 15 days from the date of publication of

this notification.

Particulars of land

District

Tehsil

Village

Khasra Nos.

Area

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

K. M.

Ramban

Banihal

Bankoot

832/607

02–17

832/607

00–08

831/607

00–12

–––––

Total

03–17

–––––

(Sd.) BABU RAM (KAS),

Collector,

Land Acquisition (ADC),

Ramban.

––––––

120 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE TRANSPORT COMMISSIONER/CHAIRMAN,

STATE TRANSPORT AUTHORITY, J&K,

OLD SECTT., SRINAGAR.

Subject :—Issuance of instructions for implementation of Rule 85 (10) (11)

of the Central Motor Vehicles Rule, 1989.

––––––

Order No. 63 of 2016

Dated 12-05-2016.

Rule 85 (10) of the Central Motor Vehicles Rules, 1989 requires

maintenance of Log Book containing details of the passengers for each

journey of the vehicle with the tourist permit. The details of the Log Book

has to be furnished to the Chairman, State Transport Authority (STA), once

in every three months. Under sub-rule (11) of Rule 85 in order to facilitate

submission of information on a uniform pattern, I, Pervez Iqbal Khateeb,

IAS, Transport Commissioner, J&K hereby direct that the information under

Rule 85 (11) shall henceforth be furnished in the format annexed to this

order. All permit holders of tourist permit vehicles are advised to do the

needful to avoid inconvenience arising out of any default.

(Sd.) P. I. KHATEEB, IAS,

Transport Commissioner and Chairman,

State Transport Authority,

J&K, Srinagar.

–––––––

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 121

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

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE TRANSPORT COMMISSIONER

CHAIRMAN, STATE TRANSPORT AUTHORITY,

J&K, SRINAGAR.

Annexure to Government Order No. 63 of 2016

Dated 12-05-2016.

Statement showing details of trips carried out during the quarter––––––––

to––––––––

(i) Vehicle Registration No.–––––––––(ii) Date of Registration––––––––

(iii) All India Permit No.––––––––––(iv) Permit up to–––––––––––

(v) Name and address of the owner/permit valid holder––––––––––––––

(vi) Contact No. of Owner ––––––––––––––––––––––––––––––––––

(vii) Name and Contact No. of the driver––––––––––––––––––––––––

(viii) License No. of the driver––––––––––––––––––––––––––––––––

(ix) Issuing Authority and validity of Licence–––––––––––––––––––––

S. No. Date

Details of Journey

Name, Contact No.

Total

Points

and Address of the

Passengers

hirer

122 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

It is certified that the above information is correct to the best of my

knowledge and belief. It is further certified that I have maintained the

requisite Log Book and detailed list of passengers in respect of each trip as

per Rule 85 of the CMVR, 1989, which shall be made available to the

authorities on demand.

Place :

Date :

(Signature of the Owner/Permit holder)

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE OF INDUSTRIES AND COMMERCE

(REGISTRAR OF SOCIETIES/FIRMS, JAMMU),

1st Floor, Jawahar Lal Nehru Udyog Bhawan,

Rail Head Complex, Jammu.

It is notified for information of general public that M/s. Jai Chandi

Maa Group of Engineers, W. No. 11, Mandian, Reasi has applied for

recording change of the constitution of their firm under section 63 of J&K

State Partnership Act, 1996.

(1) Name of the Outgoing Partner :

(a) Shri Rohit Gupta S/o Lt. Shri Sat Pal Gupta R/o H. No. 173,

W. No. 14, Dhar Road, Udhampur ; and

(b) Shri Rohit Verma S/o Shri Hans Raj Verma R/o Main Street,

Near BDO Office, Kullar, Udhampur, has retired from the firm

w. e. f. 19-04-2016.

(2) Name of the Incoming Partner :

(a) Miss Tania Puri D/o Shri Raj Kumar Puri R/o W. No. 5, Reasi,

Tehsil and District Reasi ; and

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. 123

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

(b) Mr. Shubham Arora S/o Shri Guru Charan R/o W. No. 5, Reasi

has joined the firm w. e. f. 19-04-2016.

Before the change is accorded in their registration the general public/

institutions/firms etc. is hereby informed that if anybody has any objection

regarding the change in the constitution, the same shall be filed/conveyed in

the Office of Registrar of Firms (Director, Industries and Commerce, Jammu,

Rail Head Complex, Jammu) within 15 days from the publication of this

notice. No objections shall be entertained after the lapse of time.

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

For Registrar of Firms,

J&K Govt., Jammu.

––––––

Notice

I, Surinder Kumar S/o Late Sh. Amrit Lal Sharma R/o

H. No. 18-A Private, Opp. Church, Gandhi Nagar, Jammu do hereby

notify that my daughter Sanjana Sharma is studying in 9th Class

Section-D in Presentation Convent, Senior Secondary School, Gandhi

Nagar, Jammu and the name of her mother has been wrongly entered

as Bindu Sharma instead of Bindu Mati. Now, I am applying for the

correction of my wife’s name from Bindu Sharma to Bindu Mati.

Objections, if any, may be conveyed to the concerned authority within

7 days from the date of publication of the notice.

124 The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

THE

JAMM AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Thu., the 2nd June, 2016/12th Jyai., 1938. [ No. 9

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

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,

OFFICE OF THE GENERAL MANAGER, RANBIR GOVERNMENT

PRESS, JAMMU (TAWI)––180 005.

e-Tender Notice No. 66 of 2016

Dated 23-05-2016.

For and on behalf of the Governor of Jammu and Kashmir, sealed

tenders affixed with revenue stamps worth Rs. 5/- are invited from

manufacturers, authorized dealers, registered firms/suppliers for the purchase

of Press Material Items annexed to this tender notice with specifications

in the schedule forming part of terms and condations of this NIT. The

e-Tender Notice can also be download/accessed on our official website

rgp.jk.gov.in.

S.

Name of

Cost of

Earnest money

No.

the tender

tender fee

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

1

2

3

4

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

1.

Press Material Items

Rs. 100/-

Rs. 20,000/- or equivalent to

2% of their Tendered Cost

subject to minimum of Rs. 5,000/-. However, the registered

SSI Units are required to furnish

50% of the prescribed earnest

money subject to minimum of

Rs. 5,000/-.

1. The tender document for the items can be seen from 28-05-2016

(9 .00 A. M.) on the website http://jktenders.gov.in.

2. The tender documents can be downloaded from the

weibsite http://jktenders.gov.in from 28-05-2016 (9.00 A. M) to

30-06-2016 (2.00 P. M.) only.

3. The bids shall be deposited in electronic format on website http://

jktenders.gov.in from 28-05-2016 (9.00 A. M.) to 30-06-2016

(2.00 P. M.) only.

4. The uploaded bids on the website will be opened on 11-07-2016

(12.00 Noon) in the Office of General Manager (Convenor), Unit

Purchase Committee, Ranbir Govt. Press, 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 the same

time and venue.

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

(Sd.) F. H. QADRI,

General Manager.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

1

2

3

4

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

44

The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938.

[No. 9

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

OFFICE OF THE GENERAL MANAGER, RANBIR GOVERNMENT

PRESS, JAMMU (TAWI)––180 005.

Auction Notice

An open auction of the unserviceable, outdated/obsolete Machinery

and Equipments lying in the premises of Ranbir Government Press, Jammu

will be held on 15-06-2016 at 11.00 A. M. The rules and regulations are as

under :––

1. All the interested bidders on publication of this auction notice

can inspect the material of old obsolete/outdated unserviceable

Machinery and Equipments in the premises of Ranbir Government

Press, Jammu on any working day up to 14-06-2016 till

2.00 P. M.

2. The auction of unserviceable, outdated/obsolete Machinery and

Equipments will be conducted on the basis of “AS IT IS WHERE

IT IS AND WHATSOEVER CONDITION IT IS”.

3. The auction of obsolete/outdated Machinery and Equipments will

be auctioned on the basis of per Kg.

4. Auction will be conducted in presence of Auction Committee.

5. The earnest money shall be deposited by the interested bidders

in the shape of CDR of Rs. 2.00 lacs only pledged to the General

Manager, Ranbir Government Press, Jammu up to 14-06-2016

till 2.00 P. M.

6. Full payment shall have to be deposited by successful bidder in

the manner as mentioned below :––

(i) 25% of total bid amount shall have to be deposited by the

highest bidders at the fall of hammer.

No. 9] The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938.

45

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

(ii) 75% of the bid amount shall have to be deposited by the

bidders before lifting the material.

7. The successful bidder shall have to pay himself VAT/Tax etc., if

any, admissible under rules, and copy of the same deposit to this

office for office record.

8. Successful bidders will have to lift the auctioned material within

10 days.

9. The successful bidders shall himself be responsible for watch

and guard of the material owned by him.

10. The interesting bidders are requested to inspect the material

thoroughly before bid offer and can also download/accessed

Auction Notice on our official website rgp.jk.gov.in.

11. In case of any further terms and conditions as to be put for the

said auction, the same shall be announced on spot on the date of

auction by the Auction Committee.

12. The Auction Committee reserve the right of accept/reject any

bid without assigning any reasons thereof.

(Sd.) F. H. QADRI,

General Manager.

46

The J&K Govt. Gazette, 2nd June, 2016/12th Jyai., 1938.

[No. 9

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Judicial Administration Section)

Notification

Jammu, the 24h March, 2016.

SRO-98.––In exercise of powers conferred by section 124 of

Constitution of Jammu and Kashmir read with section 492 o f the Code of

Criminal Procedure, Samvat 1989 (1933 A. D.), the Government of Jammu

and Kashmir hereby makes the following rules governing the appointment

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 24th March, 2016/4th Chai, 1938. [No. 52-a

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

separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

and conditions of service of the Law Officers of the State of Jammu and

Kashmir :––

CHAPTER I

Preliminary

1. Short title and commencement.––(1) These rules may be called

the Jammu and Kashmir Law Officers (Appointment and Conditions of

Service) Rules, 2016.

(2) It shall come into force at once.

(3) These rules shall apply to the Advocate General and the following

other Law Officers, namely :––

(a) Additional Advocates General in High Court of Jammu and

Kashmir and Supreme Court of India ;

(b) Deputy Advocates General in High Court of Jammu and

Kashmir and Supreme Court of India ;

(c) Advocates-on-Record, Supreme Court of India ;

(d) Government Advocates ;

(e) Public Prosecutors ;

(f) Standing Counsel in the High Court and Subordinate Courts ;

(g) Special Counsels.

2. Definitions.––In these rules, unless the context otherwise

requires,––

(a) “Advocate General” means the person appointed as Advocate

General under section 42 of the Constitution of Jammu and

Kashmir ;

2

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[No. 52-a

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

Kashmir ;

(c) “Law Officer” means an Advocate General, Additional

Advocate

General,

Deputy

Advocate

General,

Advocate-on-Record, Government Advocate, Public

Prosecutor, Standing Counsel appointed by the Government

for the purpose of conducting any civil or criminal case for

and on behalf of State in the Supreme Court, High Court of

Jammu and Kashmir or any other Civil or Criminal Court in

the State ; and

(d) “State” means the State of Jammu and Kashmir.

3. Administrative control of Law Officers.––Save as otherwise

provided under section 42 of the Constitution of Jammu and Kashmir, all

other Law Officers of the State shall be under the administrative control of

the Department of Law, Justice and Parliamentary Affairs. All references

to the Government in respect of matters relating to the Advocate General

and other Law Officers shall be addressed to the Administrative Secretary

of the Department of Law, Justice and Parliamentary Affairs.

CHAPTER II

Appointment of Law Officers

4. Applicability of this Chapter.––In this Chapter, unless the context

otherwise requires, the term ‘Law Officer’ shall include Additional Advocate

General, Deputy Advocate General, Government Advocate and Standing

Counsel appointed by the Government for conducting the cases on behalf

of State before the High Court of Jammu and Kashmir.

5. Appointment of Law Officers.––(1) No person shall be eligible

for appointment as an Additional Advocate General unless he––

(i) has been in practice as an Advocate for at least ten years ;

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

3

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

(ii) has at least eight reported judgments to his credit where he

has contributed to the growth of law or has substantially

contributed in the field of civil, criminal, constitutional, revenue

matters including taxation laws before appropriate Courts,

Foras, Tribunal of the State ; and

(iii) is an income tax payee and furnishes income tax return of the

previous year.

(2) No person shall be eligible for appointment as a Deputy Advocate

General unless he––

(i) has been in practice as an Advocate for at least eight years ;

(ii) has at least five reported judgments to his credit where he has

contributed to the growth of law or has substantially contributed

in the field of civil, criminal, constitutional, revenue matters

including taxation laws before appropriate Courts, Foras,

Tribunals of the State ; and

(iii) is an income tax payee and furnishes income tax return of the

previous year.

(3) No person shall be eligible for appointment as a Government

Advocate unless he has been in practice as an Advocate for at least five

years.

(4) No person shall be eligible for appointment as a Standing Counsel

for the High Court unless he has been in practice as an Advocate for at

least five years.

6. Term of office.––(1) All Law Officers shall be appointed by the

Government and shall hold office during the pleasure of the Government

unless otherwise ordered in the order of appointment, a person appointed

as Law Officer shall hold office at a time, for a term not exceeding one

year, but shall be eligible for re-appointment after such term.

4

The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

[No. 52-a

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

(2) The services of a Law Officer so appointed shall be liable to be

dispensed with at any time, if it appears that the conduct of such Law

Officer in the opinion of the Government is contrary to these rules or is

incompatible with his duties as Law Officer. In such cases the decision of

the Government shall be final.

(3) Save as otherwise provided in sub-rule (2) and subject to other

provisions of these rules, the Government may dispense with the services

of a Law Officer at any time without assigning any reason.

(4) A Law Officer may resign from his office by giving one months

notice in writing to the Government :

Provided that the Law Officer intending to resign the office shall be

fully responsible for the conduct of the Government litigation during the

period of notice and up to the date of handing over charge of the office.

The Law Officer shall be legally accountable for his conduct if the same

has resulted in loss to the Government or prejudicial or detrimental to the

interests of the Government.

7. Headquarters.––(1) The headquarters of the Law Officers

appointed for Srinagar Wing of the High Court shall be at Srinagar.

(2) The headquarters of the Law Officers appointed for Jammu Wing

of the High Court shall be at Jammu.

(3) The headquarters of the Law Officers appointed for Supreme

Court of India shall be at New Delhi.

8. Review of the work of Law Officer.––(1) The work of the Law

Officer shall be reviewed twice a year. The Law Officer shall be required

to furnish half yearly report by 31st of January and 31st of July every year

regarding institution, disposal and pendency of all cases assigned to such

Law Officer. The reports shall be furnished to the Office of the Advocate

General and thereafter a compiled statement shall be sent to the Government

in the Department of Law, Justice and Parliamentary Affairs through the

Office of Advocate General.

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

5

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

(2) For the purpose of review of work under sub-rule (1) the views

of the officers of Department of Law, Justice and Parliamentary Affairs

dealing with litigation matters and the concerned department of the

Government for which Law Officer has been engaged shall also be

considered.

9. Restrictions.––A Law Officer shall not––

(i) except with the special sanction of the Government, hold any

brief against the Government, or advise, appear or act in any

case against the Government or give advice to private parties

in cases in which he is likely to be called upon to advise the

Government or any Government servant ;

(ii) act or appear on behalf of plaintiff in a suit in which the

plaintiff has applied for permission to sue in forma pauperis

until the application for such permission has been decided by

the court ;

(iii) act or appear on behalf of, or advise, any accused person ;

(iv) stand for election to any local authority without the previous

permission of the Government and in case a Law Officer is

member of any local authority at the time of his appointment,

he shall resign his membership immediately after such

appointment unless he obtains the permission of the

Government for continuing as such member ;

(v) accept any fees from any person in any case or proceeding

in any court in which he appears or acts on behalf of

Government ;

(vi) communicate without the previous permission of the

Government directly or indirectly to any person any document

or information which has come to his possession in the course

of his duties, save in so far as it is necessary for the conduct

of the case and to safeguard the interest of the Government.

6

The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

[No. 52-a

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10. Transfer of Records.––On the expiry of term of office, whether

by efflux of time or otherwise, a Law Officer, shall prepare a list of cases,

references and official correspondence pending with him and handover all

records to the Law Officer succeeding to him or to such other Law Officer

as the Government may specify, obtain a receipt for the same and report

the fact to the Government.

11. Law Officers bound by the rules, orders etc.––Every Law

Officer shall be bound by the provisions of these rules and such other

corresponding rules as prescribed by Bar Council of India or the Bar

Council of the State and shall also be bound by the orders and directions as

the Government from time to time make.

12. Providing of certified copies and prohibition to concessions

by Law Officers.––(1) Every Law Officer shall apply for certified copy

of the judgment or order of the court within three days after the

pronouncement of such judgment or order and shall send his report to the

concerned department within three days after receiving certified copy of

the judgment or order.

(2) No Law Officer shall without the oral or written authority of a

responsible officer either in the Department of Law, Justice and Parliamentary

Affairs or in the concerned administrative department concede any claim or

part thereof against the Government or make any statement detrimental to

the interests of the State in any proceedings before any court :

Provided that an oral permission shall be confirmed in writing within

three days from the date of such oral permission.

13. Time limit for preferring claims.––The claims of remuneration

under these rules shall be preferred to the Administrative Secretary,

Department of Law, Justice and Parliamentary Affairs within ninety days

from the date of disposal of the respective cases :

Provided that Government may, for stated reasons to be in writing by

the Law Officer concerned and satisfied, condone the delay :

Provided further that while calculating ninety days, the time taken for

obtaining certified copy of the judgment and decree shall be excluded.

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

7

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

14. Retainership and remuneration.––The retainership and other

remuneration including counsel fee payable to a Law Officer shall be such

as may be specified from time to time.

CHAPTER III

Advocate General

15. Advocate General.––(1) The Advocate General shall be

appointed and shall hold office in accordance with section 42 of the

Constitution of Jammu and Kashmir.

(2) The Advocate General shall,––

(a) advise other Law Officers if consulted by them ;

(b) advise the Government upon such legal matter including

legislative proposals as may, from time to time, be referred to

him by the Government ;

(c) represent the Government in such proceedings whether

civil, criminal, original, appellate, or otherwise before the High

Court of Jammu and Kashmir or any other High Court or the

Supreme Court to which the Government is a party, as the

Government may, by special or general order require ;

(d) represent the Government in the Supreme Court and in the

High Court in cases in which the Supreme Court or the High

Court has directed notice to the Advocate General or in which

Advocate General’s appearances is required by the High Court

or Supreme Court ;

(e) represent the Government in any proceeding before any

tribunal or other authority or in any court subordinate to the

High Court, if specially required by the Government.

(3) The Advocate General may, if he is designated as a Senior

Advocate under Advocate Act, 1961, call upon the Law Officer to assist

8

The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

[No. 52-a

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

him in cases in which he represents the Government or may propose a

panel of suitable Advocates for their engagement.

(4) The Advocate General shall, subject to general or special

directions, if any, issued by the Government and the provisions of these

rules, supervise and control the work of Law Officers.

(5) The salary and other remuneration payable to Advocate General

shall be such as may be specified from time to time.

16. Headquarters.––The headquarters of the Advocate General shall

be same as that of the seat of the Government.

CHAPTER IV

Advocates-on-Record

17. Advocates-on-Record.––(1) The Government may appoint one

or more Advocate-on-Record on behalf of the Government to be incharge

of cases, both civil and criminal, before the Supreme Court.

(2) If more than one Advocate-on-Record is appointed, the

Government cases before the Supreme Court shall be distributed between

them.

(3) Advocate-on-Record shall attend to all work connected with the

case entrusted to him provided that in cases involving extra drafting or

pleading work, he may, with the previous approval of the Government,

secure the assistance of any other Advocate.

(4) On instructions by the Government in important cases, the

Advocate-on-Record shall take steps to brief the Advocate General or a

Senior Counsel included in the Panel of Senior Advocates prepared by the

Government and suggested by the Government.

(5) The Advocate-on-Record shall be paid such fees as may be

determined by the Government from time to time.

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

9

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

(6) The provisions of rules 9, 10, 11, 12 and 13 shall mutatis mutandis

apply to the Advocate-on-Record.

18. Eligibility for appointment of Advocate-on-Record.––No person

shall be eligible for appointment as an Advocate-on-Record unless he––

(i) has been in practice for at least seven years in the Supreme

Court of India out of which three years should be as an

Advocate-on-Record ; and

(ii) is an income tax payee and furnishes income tax return of the

previous year.

19. Additional Advocates.––(1) The Government may also appoint

one or more Advocates on behalf of the Government as Additional Advocate

General or as Standing Counsel in cases before the Supreme Court.

(2) The Additional Advocate General or the Standing Counsel shall

appear and argue all matters entrusted to him by the Government.

(3) The Additional Advocate General or the Standing Counsel shall

also undertake the drafting work which is necessary and incidental to the

progress of matter which is entrusted to him.

(4) The Additional Advocate General and the Standing Counsel shall

paid fees as may be determined by the Government from time to time.

CHAPTER V

Appointment of Public Prosecutors

20. Appointment of Public Prosecutors and Additional Public

Prosecutors.––(1) The number of posts of Public Prosecutors and

Additional Public Prosecutors in the State shall be such as may be fixed by

the Government from time to time.

10

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[No. 52-a

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(2) No person shall be eligible for appointment as a Public Prosecutor

or Additional Public Prosecutor unless he––

(i) has been in practice as an Advocate for at least seven

years ; and

(ii) has experience of handling criminal cases specially sessions

trial.

21. Term of Office.––(1) The Public Prosecutors and Additional

Public Prosecutors shall be appointed by the Government and shall hold the

office during the pleasure of the Government.

(2) A Public Prosecutor or Additional Public Prosecutor shall be liable

to be removed from office at any time if he is guilty of an act or conduct

which, in the opinion of the Government, is contrary to these rules or is

incompatible with his duties as such Public Prosecutor or Additional Public

Prosecutor. In such case, the decision of the Government shall be final.

(3) Save as otherwise provided in sub-rule (2) and subject to other

provisions of these rules the Government may terminate the appointment

of a Public Prosecutor or Additional Public Prosecutor at any time without

assigning any reason.

(4) A Public Prosecutor or Additional Public Prosecutor may resign

from his office by giving one months notice in writing to the Government :

Provided that the Public Prosecutor or Additional Public Prosecutor

intending to resign the office shall be fully responsible for the conduct of

the Government litigation during the period of notice and up to the date of

handing over charge of the office. The Public Prosecutor or Additional

Public Prosecutor, as the case may be, shall make good the loss, if any,

cause to the Government due to failure on his part and shall also be liable

for legal action for such failure.

22. Public Prosecutors and Additional Public Prosecutors to be bound

by rules and orders.––Every Public Prosecutor and Additional Public

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

11

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

Prosecutor shall be bound by the provisions of these rules and such other

orders or directions as the Government from time to time.

23. Providing of certified copies by Public Prosecutors and

Additional Public Prosecutors.––Every Public Prosecutor and Additional

Public Prosecutor shall apply for certified copy of the judgment or order of

the court within three days after the pronouncement of such judgment or

order and shall send his report to the Department of Law, Justice and

Parliamentary Affairs within three days after receiving certified copy of

the judgment or order.

24. Time limit for preferring claims.––The claims of remuneration

under these rules shall be preferred to the Administrative Secretary,

Department of Law, Justice and Parliamentary Affairs within ninety days

from the date of disposal of the respective cases :

Provided that Government may, for stated reasons to be in writing by

the Public Prosecutor and Additional Public Prosecutor concerned and

satisfied, condone the delay :

Provided further that while calculating ninety days, the time taken for

obtaining certified copy of the judgment and decree shall be excluded.

25. Retainership and remuneration.––The retainership and other

remuneration including counsel fee payable to a Public Prosecutor and

Additional Public Prosecutor shall be such as may be specified from time

to time.

26. Duties of Public Prosecutor and Additional Public

Prosecutor.–– It shall be the duty of a Public Prosecutor and an Additional

Public Prosecutor to––

(i) to conduct the prosecution and proceeding connected therewith

in every trial before the Court of Sessions ;

(ii) to appear before Court of Sessions for the State at the hearing

of any appeal against a conviction or an application for the

12

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[No. 52-a

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revision of sentence, or order of discharge or any other order

against which an appeal lies ;

(iii) to assist the Advocate General or any other Law Officer in

the High Court whenever either required by them or by the

Government in any appeal or other proceedings relating to a

case he has conducted in the Court of Sessions ;

(iv) when specially required in writing by the Government to

conduct the prosecution in any case before a Judicial

Magistrate in the District for which he is appointed ; and

(v) in criminal cases where the accused person is a Government

servant, to intimate the Head of Department to whom the said

Government servant is subordinate about the final order passed

by the court, immediately after the said order is passed.

27. Special Public Prosecutors.––The Government may appoint,

generally, or in any case, or for any specified clause of cases, in any local

area one or more Special Public Prosecutors to conduct prosecution on

behalf of the State. The fee payable to such Special Public Prosecutor shall

be determined by the Government on case to case basis depending upon

the nature of each case and standing of the Advocate at Bar.

CHAPTER VI

Standing Counsels for the Subordinate Courts

28. Standing Counsel for the subordinate courts.––(1) The

Government may, appoint as many as Standing Counsel for defending

Government cases in the subordinate courts, as are considered necessary.

(2) No person shall be eligible for appointment as Standing Counsel

for subordinate courts unless he has been in practice as an Advocate for

at least two years.

(3) The Standing Counsel shall attend to the cases entrusted to him

by the Government.

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

13

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

(4) The provisions of rules 9, 10, 11, 12 and 13 shall mutatis mutandis

apply to the Standing Counsels for the subordinate courts.

(5) All Standing Counsels shall hold office during the pleasure of the

Government.

(6) The retainership and other remuneration including counsel fee

payable to a Standing Counsel shall be such as may be specified by

Government from time to time.

CHAPTER VII

Miscellaneous

29. Special Counsels.––(1) Subject to these rules the Government

may appoint any Advocate as a Special Counsel either for the conduct of a

civil or criminal case or writ petitions or any appeal pending in a court

either within the State or in any other State or in the Supreme Court or in

any High Court in the Country.

(2) Remuneration payable to a Special Counsel shall be such as may

be decided by the Government in each case having regard to the nature of

the case and the standing of the concerned Advocate at Bar.

30. Monitoring Cell.––There shall be two separate monitoring cells

for the purposes of expeditious and effective disposal of the State cases

pending in the respective wings of the High Court as well as in other forums.

The said monitoring cell shall comprise of the following :––

1. Additional Advocate General

–

Member

2. Deputy Advocate General

–

Member

3. A representative from the Government/

–

Member

Law Department of the rank of Deputy

Secretary/Under Secretary

14

The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

[No. 52-a

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

4. Standing Counsel or any Advocate(s)

–

Member

nominated by the Advocate General

5. The Law Officer of the concerned

–

Member

department

The Committee shall take all possible steps to ensure speedy and

expeditious disposal of the cases pending before the respective wings of

the High Court and other forums. The method and procedure for carrying

out these functions shall be underlined by the Advocate General. The

Committee shall work under the overall supervision of the Advocate General

or any person nominated by him.

31. Power to relax.––The Government may, for a sufficient and

justifiable reasons to be recorded in writing relax any provision of these

rules with the prior approval of the Chief Minister.

32. Removal of difficulty.––If any doubt or difficulty arises as to

the interpretation of any of the provisions of these rules, the decision of the

Government thereon shall be final.

By order of the Governor.

(Sd.) MOHAMMAD ASHRAF MIR,

Commissioner/Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

No. 52-a] The J&K Govt. Gazette, 24th March, 2016/4th Chai., 1938.

15

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––FINANCE DEPARTMENT

Notification

Jammu, the 29th March, 2016.

SRO-99.––In exercise of the powers conferred by sub-section (2) of

section 3 of the Jammu and Kashmir Entry Tax on Goods Act, 2000

(Act No. IV of 2000), the Government hereby exempt from payment of

entry tax, leviable under the said Act, teaching material as indicated in

Annexure to this notification to be imported into the State by Ekal Vidyalaya

Foundation of India, Narayan Bhawan Ved Mandir Complex, Amphalla,

Jammu to be distributed in different schools of the Jammu Division free of

cost subject to condition that the Director, School Education, Jammu certifies

that the said goods/items are exclusively meant for the aforesaid purposes.

By order of the Government of Jammu and Kashmir

(Sd.) NAVIN K. CHOUDHARY, IAS,

Commissioner/Secretary to Government,

Finance Department.

––––––

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Tue., the 29th March, 2016/9th Chai., 1938. [No. 52-b

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

separate compilation.

PART I––B

Jammu and Kashmir Government––Notifications.

———–

Annexure to the SRO-99

Approximate Teaching Materials 2016-17

S.

Anchal Name

No. of

Name

Black

Maa

Akshar

Ank

Student

No.

School

Plate

Board

Sars-

Gyan

Gyan

Attend-

(Donor

wati

Chart

Chart

ence

Board)

Chart

Register/

Gram-

karya

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

1.

Kishtwar

240

240

0

240

240

240

240

2.

Udhampur

270

270

110

270

270

270

270

3.

Doda

150

150

0

150

150

150

150

4.

Bhaderwah

120

120

60

120

120

120

120

5.

Ramnagar

300

300

60

300

300

300

300

6.

Ramban

150

150

0

150

150

150

150

7.

Reasi

210

210

60

210

210

210

210

8.

Ladhak

68

68

40

68

68

68

68

9.

Kathua

210

210

90

210

210

210

210

10.

Basholi

210

210

90

210

210

210

210

11.

Rajouri

270

270

60

270

270

270

270

12.

Akhnoor

30

30

30

30

30

30

30

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

Total

2228

2228

600

2228

2228

2228

2228

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

Rate Per Pcs.

30

250

16

6

6

25

Sub-Total

66840 150000

35648

13368

13368

55700

Transportation 20%

13368 30000

7130

2674

2674

11140

Grand Total in Rs.

80208 180000

42778

16042

16042

66840

Weight per pcs.

0.000

3.250

0.220

0.070

0.070

0.300

Total Weight in KG

1950

490

156

156

668

2

The J&K Govt. Gazette, 29th March, 2016/9th Chai., 1938. [No. 52-b

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

dated 29-03-2016.

of Jammu Sambhag

Acharya

KKNG

Bharat

Duster

Acha-

Panch-

Pencil

Dust-

Book

Marg-

Mata

(New

rya

ang

Carbon

less

(ABAK)

darsika

Photo

intro-

Dairy

2 pcs.

Chalks

(New

duced)

per

(5 Box)

intro-

School

per

duced)

School

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

90

90

240

240

240

240

480

1200

240

60

60

270

270

270

270

540

1350

270

60

60

150

150

150

150

300

750

150

70

70

120

120

120

120

240

600

120

80

80

300

300

300

300

600

1500

300

60

60

150

150

150

150

300

750

150

90

90

210

210

210

210

420

1050

210

68

68

68

68

68

68

136

340

68

150

150

210

210

210

210

420

1050

210

150

150

210

210

210

210

420

1050

210

110

110

270

270

270

270

540

1350

270

30

30

30

30

30

30

60

150

30

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

1018

1018

2228

2228

2228

2228

4456

11140

2228

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

14

16

16

10

20

5

35

5

22

14252

16288

35648

22280

44560

11140 155960

55700

49796

2850

3258

7130

4456

8912

2228

31192

11140

9959

17102

19546

42778

26736

53472

13368 187152

66840

59755

0.156

0.142

0.220

0.010

0.156

0.070

0.001

0.250

0.206

159

145

490

22

348

56

4

2785

459

(Sd.)

BHARAT SINGH, KAS,

Additional Secretary to Government,

Finance Department.

No. 52-b] The J&K Govt. Gazette, 29th March, 2016/9th Chai., 1938.

3

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Jammu, the 31st March, 2016.

SRO-102.––Whereas, on 13-10-2011, Police Station, Baramulla

received a written report from Mohammad Ismail Mir and Sheikh Gh. Qadir

R/o Batmaloo, Srinagar to the effect that their sons namely Khalid Ahmad

Mir and Sheikh Bilal were invited by Gh. Hassan Malik S/o Gh. Mohammad

R/o Ejara, Boniyar at 7.30 P. M. who did not return home. On ascertaining,

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 128] Srinagar, Thu., the 31st March, 2016/11th Chai., 1938. [No. 53-a

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.

———–

it was found that the said Gh. Hassan Malik entices youth for participating

in subversive activities/militant groups and motivated them to participate in

militant groups and camped at the other side of LoC and it is apprehended

that both Khalid Ahmad Mir and Sheikh Bilal Ahmad have got pushed to

other side of LoC by said Gh. Hassan Malik ; and

Whereas, in this connection, Case FIR No. 55/2011, under sections

13 and 18-B of the Unlawful Activities (Prevention) Act, 1967 was registered

in Police Station, Boniyar, Baramulla and investigation initiated ; and

Whereas, during the course of further investigation, on the basis of

statement of witnesses, the seizure memos and other evidence, the

Investigating Officer has established a prima facie case against the accused

persons under sections 13 and 18-B of the Unlawful Activities (Prevention)

Act, 1967 apart from other offences ; and

Whereas, the Authority appointed by the State Government under

sub-section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967 has independently scrutinized the Case Diary file and all the

other relevant documents relating to the case and has come to a definite

conclusion that this is a fit case for accord of prosecution sanction against

the accused persons ; and

Whereas, after perusing the Case Diary, the relevant documents and

also taking into consideration the observations/views of the Authority

appointed under sub-section (2) of section 45 of the Unlawful Activities

(Prevention) Act, 1967, the State Government is of the view that there is

sufficient material and evidence available against the accused persons for

his prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (1)

of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State

Government hereby accords sanction for launching prosecution against the

accused person namely Gh. Hassan Malik @ Noor Khan S/o Gh.

2

The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938.

[No. 53-a

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

Mohammad Malik R/o Ejara Tehsil, Boniyar, Baramulla for the commission

of offence punishable under sections 13 and 18- B of the Unlawful Activities

(Prevention) Act, 1967 arising out of FIR No. 55/2011 of Police Station,

Boniyar, Baramulla.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to Government,

Home Department.

No. 53-a]

The J&K Govt. Gazette, 31st March, 2016/11th Chai., 1938.

3

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF FOREST,

ENVIRONMENT AND ECOLOGY

Notification

Jammu, the 7th April, 2016.

SRO-126.––In exercise of the powers conferred by under

section 7(3) of the Jammu and Kashmir Non-Biodegradable

Material (Management, Handling and Disposal) Act, 2007, the Government

of Jammu and Kashmir, after consultation with the prescribed authority

(Jammu and Kashmir State Pollution Control Board), hereby imposes a ban

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Thu., the 7th April, 2016/18th Chai., 1938. [No. 1-a

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.

———–

on procuring, stocking, sale and use of Nylon Strings (Manja), used for

flying kites, made out of any non-biodegradable material, as listed in

Schedule–I of the said Act, whether coated or not, within the territorial

limits of the State of Jammu and Kashmir.

This notification shall come in force after 30 days from the date of its

publication in the Government Gazette.

By order of the Government of Jammu and Kashmir.

(Sd.) RAKESH KUMAR GUPTA, IAS,

Principal Secretary to Government,

Department of Forest, Environment and Ecology.

2

The J&K Govt. Gazette, 7th April, 2016/18th Chai., 1938.

[No. 1-a

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––FINANCE DEPARTMENT

Notification

Jammu, the 11th April, 2016.

SRO-128.––In exercise of the powers conferred by sub-section (2)

of section 3 of the Jammu and Kashmir Entry Tax on Goods Act, 2000

(Act No. IV of 2000), the Government herehy exempt from payment of

entry tax, leviable under the said Act, goods/items as mentioned below

imported into the State by the L. B. M. Residential School for Sightless

Girls, Fire Lane, Muthi Morh, Roopnagar, Jammu for free distribution

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Mon., the 11th April, 2016/22nd Chai., 1938. [No. 1-c

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.

———–

among the disabled students subject to condition that the concerned District

Social Welfare Officer certifies that the goods/items so imported are actually

in possession and used by these disabled children and no tax benefit

percolates to the supplier :––

S. No.

Name of the item/goods

No. of items

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

1.

Tablets

63

2.

Cell phone for leprosy patients

04

–––––

Total

67

––––

By order of the Government of Jammu and Kashmir.

(Sd.) NAVIN K. CHOUDHARY, IAS,

Commissioner/Secretary to Government,

Finance Department.

2

The J&K Govt. Gazette, 11th April, 2016/22nd Chai., 1938.

[No. 1-c

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

PART I–B

Jammu and Kashmir Government––Notifications.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 1-f]

The J&K Govt. Gazette, 12th April, 2016/23rd Chai., 1938.

Tue.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Jammu, the 12th April, 2016.

SRO-131.––In exercise of the powers conferred by clause (o) of

sub-section (1) of section 4 of the Code of Criminal Procedure,

Samvat 1989, and in partial modification of notification(s) issued on the

subject, the Government hereby exclude the area of Village Gaberpora,

Hawal from the jurisdiction of Police Station, Pulwama and include the

same within the jurisdiction of Police Station, Rajpora of District Pulwama.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government,

Home Department.

PART III

Laws, Regulations and Rules passed thereunder.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 1-g]

The J&K Govt. Gazette, 12th April, 2016/23rd Chai., 1938.

Tue.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––TRANSPORT DEPARTMENT

Notification

Jammu, the 12th April, 2016.

SRO-132.––In exercise of the powers conferred by sub-rule (2) of

rule 118 of Central Motor Vehicles Rules, 1989 and in partial modification

of SRO-50 of 2016, the Government hereby direct that for the

words and figures “1st April, 2016” appearing in sixth line of SRO–50

dated 16-02-2016, the words and figures “1st July, 2016” shall be

substituted.

By order of the Government of Jammu and Kashmir.

(Sd.) RAJ KUMAR BHAGAT, IAS,

Secretary to Government,

Transport Department.

PART III

Laws, Regulations and Rules passed thereunder.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 1-h]

The J&K Govt. Gazette, 12th April, 2016/23rd Chai., 1938.

Tue.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––FINANCE DEPARTMENT

Notification

Jammu, the 12th April, 2016.

SRO-133.––In exercise of the powers conferred by proviso to

section 124 of the Constitution of Jammu and Kashmir, the Governor is

pleased to direct that the following amendment shall be made in the

Jammu and Kashmir Civil Service Regulations, 1956, namely :––

In Article 41-G, in clause (a), the sign and word, “and” at the end

of the clause shall be substituted by colon (:) and thereafter, the

following proviso shall be added, namely :––

“Provided that with effect from 01-04-2016 the Temporary

Move Allowance shall be allowed @ ` 2,000/- per month”.

By order of the Government of Jammu and Kashmir.

(Sd.) NAVIN K. CHOUDHARY, IAS,

Commissioner/Secretary to Government,

Finance Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––INDUSTRIES AND COMMERCE

DEPARTMENT

Notification

Jammu, the 20th April, 2016.

SRO-133A.––In exercise of the powers conferred by section 15 read

with section 23C of the Mines and Minerals (Development and Regulation)

Act, 1957 (Central Act 67 of 1957), the Government of Jammu and Kashmir

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Wed., the 20th April, 2016/31st Chai., 1938. [No. 2-a

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

separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

hereby makes the following amendments to the Jammu and Kashmir Minor

Mineral Concession Storage, Transportation of Minerals and Prevention of

Illegal Mining Rules, 2016 :––

2. after rule 104, the following rule shall be inserted, namely :––

“104-A. Transitory provision.––As a transitory measure and

in order to ensure uninterrupted supply of minor mineral to

the consumers, the department may issue permission valid

up to 31st of July, 2016 for extraction of minor minerals to any

existing quarry holder or to any person extracting such minor

minerals or for transportation of such minerals on royalty basis.”

By order of the Government of Jammu and Kashmir.

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

Commissioner/Secretary to Government,

Industries and Commerce Department.

2

The J&K Govt. Gazette, 20th April, 2016/31st Chai., 1938.

[No. 2-a

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

PART I–B

Jammu and Kashmir Government––Notifications.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 2-b]

The J&K Govt. Gazette, 20th April, 2016/31st Chai., 1938.

Wed.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Judical Administration Section)

Notification

Jammu, the 20th April, 2016.

SRO-134.––In exercise of the powers conferred by sub-section (1)

of section 492 of the Code of Criminal Procedure, Samvat 1989, the

Government hereby terminate the services of Mr. Sarwesh Gupta,

Additional Public Prosecutor Court of 3rd Additional District and Sessions

Judge, Jammu with immediate effect.

By order of the Government of Jammu and Kashmir.

(Sd.) MOHAMMAD ASHRAF MIR,

Commissioner/Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

.

PART I–B

Jammu and Kashmir Government––Notifications.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 3-e]

The J&K Govt. Gazette, 27th April, 2016/7th Vai., 1938.

Wed.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Acquittal Section)

Notification

Jammu, the 27th April, 2016.

SRO-139.––In exercise of the powers conferred by sub-section (1)

of section 492 of the Code of Criminal Procedure, Samvat 1989, the

Government hereby direct the Chief Prosecuting Officer, Kupwara

as Special Public Prosecutor to conduct the case titled State Vs.

Ali Mohammad Ganie and Others involving offence punishable under

sections 302, 148, 149, 336, 323 and 427 RPC, FIR No. 94/2014, Police

Station, Kupwara pending before the Court of Principal Sessions Judge,

Kupwara.

By order of the Government of Jammu and Kashmir.

(Sd.) MOHAMMAD ASHRAF MIR,

Commissioner/Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

.

PART I–B

Jammu and Kashmir Government––Notifications.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 3-f]

The J&K Govt. Gazette, 27th April, 2016/7th Vai., 1938.

Wed.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Jammu, the 27th April, 2016.

SRO-140.––In exercise of the powers conferred by sub-section (1)

of section 492 of the Code of Criminal Procedure, Samvat 1989,

the Government hereby appoint Ch. Mohd Shabir, Advocate as Special

Public Prosecutor to conduct the case titled State Vs. Mohd Younis

offence under sections 302/452/307 RPC, 4/25 Arms Act, Police Station,

Gharota, Jammu pending disposal before the Court of Principal Sessions

Judge, Jammu.

By order of the Government of Jammu and Kashmir.

(Sd.) MOHAMMAD ASHRAF MIR,

Commissioner/Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

.

PART I–B

Jammu and Kashmir Government––Notifications.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

No. 3-g]

The J&K Govt. Gazette, 27th April, 2016/7th Vai., 1938.

Wed.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Judicial Administration Section)

Notification

Jammu, the 27th April, 2016.

SRO-141.––In exercise of the powers conferred by sub-section (1)

of section 492 of the Code of Criminal Procedure, Samvat 1989,

the Government hereby appoint Mr. Vijay Kumar Sharma, Advocate,

Jammu as 3rd Additional Public Prosecutor for a period of one year

for the Court of 3rd Additional District and Sessions Judge, Jammu

on the terms and conditions as laid down in Government Order

No. 1907-LD(A) of 2015 dated 22-06-2015.

By order of the Government of Jammu and Kashmir.

(Sd.) MOHAMMAD ASHRAF MIR,

Commissioner/Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

.

JAMMU AND KASHMIR STATE ELECTRICITY

REGULATORY COMMISSION

Jammu and Kashmir State Electricity Regulatory Commission

(Terms and Conditions for Tariff Determination From

Renewable Energy Sources) (Second Amendment)

Regulations, 2016.

Notification No. 50-JKSERC of 2016

Dated 20-04-2016.

In exercise of the powers conferred under section 56 read with

sections 71(e) and 138 (2) of the Jammu and Kashmir Electricity Act, 2010

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Wed., the 20th April, 2016/31st Chai., 1938. [No. 2-1

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

separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

(XIII of 2010), and all other powers enabling it in this behalf, and after

previous publication, the Jammu and Kashmir State Electricity Regulatory

Commission, hereby makes the following regulations, to amend the Jammu

and Kashmir State Electricity Regulatory Commission (Terms and Conditions

for Tariff Determination from Renewable Energy Sources) Regulations,

2013 (hereinafter referred to as the “Principal Regulations”), namely :––

1. Short title and commencement.––(1) These regulations shall be

called the Jammu and Kashmir State Electricity Regulatory Commission

(Terms and Conditions for Tariff Determination from Renewable Energy

Sources) (Second Amendment) Regulations, 2016.

(2) These regulations shall come into force with immediate effect.

2. Amendment of Regulation 59 of Principal Regulations.––(i)

The following proviso shall be added under Clause (1) of Regulation 59 of

the Principal Regulations :––

“Provided that Normative O&M expenses for the last two years

of the Control Period (i. e. FY 2016-17 and FY 2017-18) shall be

1.5% of the approved capital cost for the respective year.”

(Sd.) ANIL KUMAR GUPTA, KAS,

Secretary,

J&K State Electricity Regulatory Commission,

Jammu.

2

The J&K Govt. Gazette, 20th April, 2016/31st Chai., 1938.

[No. 2-1

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129]

Srinagar, Thu., the 28th April, 2016/8th Vai., 1938.

[No. 4-1

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

separate compilation.

PART II––B

Notifications, Notices and Orders by Heads of Departments.

–––––––––

EXTRAORDINARY

REGD. NO. JK—33

JAMMU AND KASHMIR

STATE ELECTRICITY REGULATORY COMMISSION,

JAMMU

Notification No. JKSERC/51 of 2016

Dated April 28, 2016.

Pursuant to Regulation 21, 22, 23, 24, 25, 29, 30 and 31 of the

JKSERC (Terms and Conditions of Intra-State Open Access)

Regulations, 2015 notified under Notification No. 43-JKSERC of 2015

dated 10-07-2015, the Jammu and Kashmir State Electricity Regulatory

Commission hereby notifies the charges payable during FY 2016-17 by

Open Access Customers :––

1. Transmission Charges :

Regulation No. 21(1)––

(a)

For use of Inter-State Transmission System–As specified

by the Central Commission from time to time ;

(b)

For use of Intra-State Transmission System–Rs. 1210

(in Rs./MW/day).

For Open Access for a part of a day, the transmission charges shall

be payable on pro rata basis.

2. Wheeling Charges :

Regulation No. 21(2)––

Wheeling Charges = 8140 (in Rs./MW/day).

For Open Access for a part of a day, the wheeling charges shall be

payable on pro rata basis.

3. Scheduling and System Operation Charges :

Regulation No. 22––

(1) In respect of inter-State short-term open access––

(i) Regional Load Despatch Centre and State Load

Dispatch Centre charges as specified by the Central

Commission.

(2) In respect of Intra-State short-term open access––

(i) Rs. 2,000/- per day or part of the day.

4. Cross Subsidy Surcharge :

Regulation No. 23––

Cross subsidy surcharge shall be nil.

2

The J&K Govt. Gazette, 28th April, 2016/8th Vai., 1938.

[ No. 4-1

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

5. Additional Surcharge :

Regulation No. 24––

Additional surcharge shall be fixed on case to case basis keeping

in view the amount of fixed/capacity cost allowed to distribution

utility/licensee.

6. Standby charges for drawal of power by open access

consumer from distribution licensee :

Regulation No. 25––

(1)

In cases of outages of generator supplying to open

access consumer under open access or generator

connected to distribution system injecting power

through open access requires start up power

: Tariff as applicable to Temporary Category of Consumer

in the prevailing rate schedule.

(2)

In case of continuous process industries : Actual costs

involved in arranging power.

(3)

Embedded consumers : Nil

7. Energy Loss :

Regulation No. 29––

(1)

Transmission losses :

(a) Inter-State transmission–As specified by Central

Commission.

(b) Intra-State transmission–Transmission Losses for

FY 2016-17 : 4%.

(2)

Distribution losses :

Distribution Losses (HV) for FY 2016-17 : 5%.

No. 4-1]

The J&K Govt. Gazette, 28th April, 2016/8th Vai., 1938.

3

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

8. Imbalance Charges :

Regulation No. 30––

Imbalance charge shall be the UI/DSM rate as determined by

the Central Commission.

9. Reactive Energy Charges :

Regulation No. 31––

Charges as per the provisions stipulated in the IEGC till such

provision is stipulated in State Grid Code.

By order of the Commission.

(Sd.) ANIL KUMAR GUPTA, KAS,

Secretary,

J&K State Electricity Regulatory Commission,

Jammu.

4

The J&K Govt. Gazette, 28th April, 2016/8th Vai., 1938.

[ No. 4-1

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

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi––110001

Dated

25th May, 2016

––––––––––––––––––––––

4 Jyaistha, 1938 (Saka).

Notification

No. 100/J&K-LA/1/2016.––WHEREAS, the seat of Mufti

Mohammad Sayeed, in the Legislative Assembly of the State of Jammu

and Kashmir, elected from 40-Anantnag Assembly Constituency, has

become vacant on 07-01-2016 by reason of his death ; and

2. WHEREAS, a bye-election is to be held for the purpose of filling

the vacancy so caused.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129]Srinagar, Wed., the 25th May, 2016/4th Jyai., 1938. [No. 7-2

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

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

separate compilation.

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

PART II––C

Notifications, Notices and Orders by the Election Commission.

–––––––

EXTRAORDINARY

REGD. NO. JK–33

3. NOW, THEREFORE, in pursuance of sub-section (1) of section

152, and sections 41 and 66 of the Jammu and Kashmir Representation of

the People Act, 1957 (IV of 1957), the Election Commission of India

hereby :––

(A) Calls upon the said 40-Anantnag Assembly Constituency in

the State of Jammu and Kashmir, to elect, before the 24-06-

2016 and in accordance with the provisions of the said Act

and of the rules and orders made thereunder, a person for the

purpose of filling the said vacancy in the Legislative Assembly

of the State ;

(B) appoints, with respect to the said election,––

(a) the 1st June, 2016 (Wednesday), as the last date for making

nominations ;

(b) the 2nd June, 2016 (Thursday), as the date for the scrutiny

of nominations ;

(c) the 4th June, 2016 (Saturday), as the last date for the

withdrawal of candidatures ;

(d) the 19th June, 2016 (Sunday), as the date on which a poll

shall, if necessary, be taken ; and

(e) the 24th June, 2016 (Friday), as the date before which

the election shall be completed ; and

(C) fixes the hours from 7.00 A. M. to 6.00 P. M. as the hours

during which the poll shall, if necessary, be taken on the date

specified above for the election.

By order.

(Sd.) STANDHOPE YUHLUNG,

Principal Secretary,

Election Commission of India.

––––––––

Published for general information.

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

Dy. Chief Electoral Officer,

J&K, Srinagar.

2

The J&K Govt. Gazette, 25th May, 2016/4th Jyai., 1938.

[No. 7-2

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

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi––110001

Dated

24th May, 2016

––––––––––––––––––––––

3 Jyaistha, 1938 (Saka).

Notification

No. 434/J&K-LA/2016.––In pursuance of the provisions of section

32 of the Jammu and Kashmir Representation of the People Act, 1957,

the Election Commission hereby makes the following amendments in its

Notification No. 434/J&K-LA/2014 dated 24th September, 2014, relating

to the appointment of Returning Officers for Assembly Constituencies in

the State of Jammu and Kashmir, namely.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129]Srinagar, Tue., the 24th May, 2016/3rd Jyai., 1938. [No. 7-3

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

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

separate compilation.

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

PART II––C

Notifications, Notices and Orders by the Election Commission.

–––––––

EXTRAORDINARY

REGD. NO. JK–

In column 2 of the Table appended to the said notification, against

item No. shown below in column 1, for the existing entry, the following

corresponding entry shall be substituted :––

TABLE

No. and Name of

Returning Officer

Assembly Constituency

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

1

2

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

40-Anantnag

Sub-Divisional Magistrate, Douru (Anantnag).

By order.

(Sd.) STANDHOPE YUHLUNG,

Principal Secretary,

Election Commission of India.

––––––––

Published for general information.

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

Dy. Chief Electoral Officer,

J&K, Srinagar.

2 The J&K Govt. Gazette, 24th May, 2016/3rd Jyai., 1938. [No. 7-3

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

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi––110001

Dated

24th May, 2016

––––––––––––––––––––––

3 Jyaistha, 1938 (Saka).

Notification

No. 434/J&K-LA/2016 (1).––In exercise of the power conferred by

the provisions of section 33 of the Jammu and Kashmir Representation of

the People Act, 1957, the Election Commission hereby makes the

following amendments in its Notification No. 434/J&K-LA/2014(1)

dated 17th October, 2014, relating to the appointment of Assistant Returning

Officers for Assembly Constituencies in the State of Jammu and Kashmir,

namely.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Tue., the 24th May, 2016/3rd Jyai., 1938. [No. 7-4

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

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

separate compilation.

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

PART II––C

Notifications, Notices and Orders by the Election Commission.

–––––––

EXTRAORDINARY

REGD. NO. JK–33

In column 2 of the Table appended to the said notification, against

item No. shown below in column 1, for the existing entries, the following

corresponding entries shall be substituted :––

TABLE

No. and Name of

Assistant Returning Officer

Assembly Constituency

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

1

2

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

40-Anantnag

1.

District Social Welfare Officer,

Anantnag.

2.

Block

Development

Officer,

Khoveripora, Anantnag.

3.

Assistant Director, Handloom,

Anantnag.

By order.

(Sd.) STANDHOPE YUHLUNG,

Principal Secretary,

Election Commission of India.

––––––––

Published for general information.

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

Dy. Chief Electoral Officer,

J&K, Srinagar.

2

The J&K Govt. Gazette, 24th May, 2016/3rd Jyai., 1938. [No. 7-4

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

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi––110001

Dated

24th May, 2016

––––––––––––––––––––––

3 Jyaistha, 1938 (Saka).

Notification

No. 434/J&K-LA/2016.––In pursuance of the provisions of sub-section

(1) of section 33 of the Jammu and Kashmir Representation of the People

Act, 1957 read with Rule 27 A of the Jammu and Kashmir Conduct

of Election Rules, 1965 as inserted by the Jammu and Kashmir

Conduct of Election (Amendment) Rules, 1966 read with

section 138 of the Constitution of Jammu and Kashmir, the

Election Commission hereby makes the following amendments in its

Notification No. 434/J&K-LA/2014 dated 1st October, 2014 relating to

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Tue., the 24th May, 2016/3rd Jyai., 1938. [No. 7-5

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

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

separate compilation.

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

PART II––C

Notifications, Notices and Orders by the Election Commission.

–––––––

EXTRAORDINARY

REGD. NO. JK–33

the appointment of Assistant Returning Officers for ‘specified’ and ‘notified’

class of voters, for bye-election from 40-Anantnag Assembly Constituency

in the State of Jammu and Kashmir, namely.

In column 3 of the Table appended to the said notification, against

item No. shown below in column No. 1 & 2 for the existing entries, the

following corresponding entries shall be substltuted :––

TABLE

Name of

No. and Name

Assistant Returning Officers for

District

of Assembly

‘notified’ class of voters

Constituency

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

Anantnag

40-Anantnag

Assistant Commissioner (Revenue),

Jammu.

Collector, Northern Railway,

Udhampur.

Deputy Director, Horticulture,

Planning and Marketing, Delhi.

By order.

(Sd.) STANDHOPE YUHLUNG,

Principal Secretary,

Election Commission of India.

––––––––

Published for general information.

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

Dy. Chief Electoral Officer,

J&K, Srinagar.

2

The J&K Govt. Gazette, 24th May, 2016/3rd Jyai., 1938. [No. 7-5

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

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Notification

Pursuant to Rule 317 of the Rules of Procedure and Conduct

of Business in the Jammu and Kashmir Legislative Assembly,

I, Kavinder Gupta, Speaker, Jammu and Kashmir Legislative Assembly

hereby nominate the following to serve as Members of Business Advisory

Committee of which I shall be the Chairman :––

1. Dr. Nirmal Singh,

Hon’ble Deputy Chief Minister

2. Mr. Abdul Rehman Veeri,

Hon’ble Minister for Public Works and Parliamentary Affairs

3. Mian Altaf Ahmed, MLA

4. Hakeem Mohammad Yaseen, MLA

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Wed., the 18th May, 2016/28th Vai., 1938. [No.6-7

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.

———–

5. Mr. Vikar Rasool Wani, MLA

6. Mr. M. Y. Tarigami, MLA

7. Mr. Mohammad Yousuf Bhat, MLA

8. Mr. Rajesh Gupta, MLA

Special Invitees :

1. Mr. Rajiv Jasrotia, MLA

2. Mr. Bashir Ahmed Dar, MLA

KAVINDER GUPTA,

Speaker.

–––––––

(Sd.) ABDUL QAYOOM MIR,

Under Secretary.

2

The J&K Govt. Gazette, 18th May, 2016/28th Vai., 1938.

[No. 6-7

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

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 64 of the Rules of Procedure and Conduct of Business

in the Jammu and Kashmir Legislative Assembly, the following Bill

together with the Statement of Objects and Reasons, is published in

an extraordinary issue of the Government Gazette.

By order of the Hon’ble Speaker.

(Sd.) M. RAMZAN,

Secretary.

————

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Mon., the 23rd May, 2016/2nd Jyai., 1938. [No. 7-1

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

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

separate compilation.

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

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

THE KASHMIR AND JAMMU CLUSTER UNIVERSITIES

BILL, 2016

[Bill No. 1 of 2016.]

A Bill to provide for the establishment of the Cluster University

of the Kashmir and the Cluster University of Jammu and for matters

connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India as follows :––

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

the Kashmir and Jammu Cluster Universities Act, 2016.

(2) It shall come into force from the date of its publication in

the Government Gazette.

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

requires,––

(a) “Academic Council” means the Academic Council of the

Cluster University ;

(b) “Act” means the Kashmir and Jammu Cluster Universities

Act, 2016.

(c) “Affiliated College” means an institution imparting instruction

for the Bachelor’s Degree, Integrated Honours and

Postgraduate courses recognised by the Cluster University

concerned in accordance with the provisions of this Act

and the Statutes ;

(d) “Autonomous College” means an institution imparting

instruction for the Bachelor’s Degree, Integrated Honours

and Postgraduate courses with an autonomous status

recognised by the Cluster University concerned in

2

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

[No. 7-1

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

accordance with the provisions of this Act and the

Statutes ;

(e) “College” means an institution maintained or admitted to

its privileges by the Cluster University concerned and

includes a Constituent/Autonomous/Affiliated College ;

(f) “Cluster University” means the Cluster University of

Kashmir or the Cluster University of Jammu, as the case

may be, created by pooling the resources of their existing

Constituent Colleges ;

(g) “Constituent College” means the colleges constituting the

Cluster University and recognised as such by the Syndicate

of the Cluster University concerned in accordance with the

provisions of this Act and the Statutes ;

(h) “Faculties”, “Boards of Studies”, “Board of Inspection” and

“Boards of Research Studies” means the Faculties, Boards

of Studies, Board of Inspection and Boards of Research

Studies of a Cluster University ;

(i) “Head of the Department” means the Head of a Cluster

University Teaching Department who has the status of a

Professor or an Associate Professor in the Cluster

University and where any Cluster University has no

teaching Faculty in a subject, the person duly appointed,

for the time being, by the University ;

(j) “Principal” means the Head of a College or a person duly

appointed, for the time being ;

(k) “Regulations” means Regulations made under section 41

of this Act ;

(1) “Statutes” means Statutes made under section 38 of this

Act ;

No. 7-1]

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

3

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

(m) “Syndicate” means the Syndicate of a Cluster

University ;

(n) “Teachers” include Professors, Associate Professors,

Assistant Professors, and any other persons imparting

instructions in the University or in any College maintained

or admitted to its privileges by the Cluster University ;

(o) “Teachers of the University” means persons appointed or

recognized by the University for the purpose of imparting

instruction, in the University or in any Constituent

College ;

(p) “University Council” means the University Council of a

Cluster University.

3. Incorporation.––The Cluster University of Kashmir and the

Cluster University of Jammu shall be corporate bodies known by the

names of the “Cluster University of Kashmir” and the “Cluster

University of Jammu”, each having perpetual succession and a common

seal with power to acquire and hold property, movable and immovable,

to transfer the same, to contract and to do all other things necessary

for the purpose of its constitution and may sue or be sued by its

corporate name as aforesaid.

4. Objects of the University.––The objects of the University

shall be––

(a) to become a cluster of vibrant institutions to disseminate

and advance knowledge by providing instructional and

research facilities in such branches of learning as it may

deem fit ;

(b) to act as a change agent by having special focus on the

skill development and creation of skilled workforce by

undertaking industry oriented teaching, training and

4

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

[No. 7-1

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

research, extension programmes and providing employable

skills with a view to contribute to the development of the

society ;

(c) to make provisions for integrated courses in humanities,

social science, science and technology in its education

programme ;

(d) to take appropriate measure for promoting innovations in

teaching-learning process and inter disciplinary studies and

research ;

(e) to establish linkages with industry for promotion of science,

technology, entrepreneurial skills, innovation, etc. to and

adopt innovative methods to achieve the status of a self-

reliant institution ; and

(f) to pay special attention to the improvement of the social

and economic conditions and welfare of people and their

intellectual, academic and cultural development.

5. Powers and functions of Cluster University.––A Cluster

University shall have the following powers and functions,

namely :––

(1) to provide for instruction in such branches of learning as

the Cluster University may deem fit and to make provision

for research and for the advancement and dissemination

of knowledge ;

(2) to hold examinations, to grant degrees to and to confer other

academic distinctions on persons who––

(a) have pursued an approved course of study in a College

of a Cluster University or in any educational institution

approved for the purpose, or distant

No. 7-1]

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

5

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

learners under conditions laid down in the Statutes and

Regulations ; or

(b) have carried on independent research under conditions

laid down in the Statutes.

(3) to confer honorary degrees or other distinctions on approved

persons in the manner laid down in the Statutes

;

(4) to grant such diplomas to and to provide such lectures and

instructions for persons not being on the rolls of

the Cluster University, as the Cluster University may

determine ;

(5) to co-operate with other Universities and authorities in such

a manner and for such purposes as the Cluster University

may determine ;

(6) to institute Professorships, Associate Professorships,

Assistant Professsorships and any other teaching posts

required by the Cluster University ;

(7) to establish and maintain colleges, to recognise colleges and

other institutions not maintained by the Cluster University

and to withdraw such recognition ;

(8) to inspect constituent, autonomous and affiliated colleges

and other institutions and places approved by the Cluster

University for the residence of students ;

(9) to demand and receive payments of such fees and other

charges as may be authorised by the Statutes and

Regulations so as to achieve the status of a completely

self-sustaining corporate body ;

(10) to obtain loans in furtherance of the objects of the Cluster

University ;

6

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

[No. 7-1

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

(11) to supervise and control the residence and discipline of

students of the Cluster University or of Colleges and other

institutions admitted or affiliated to it and to make

arrangements for promoting their health and general welfare

;

(12) to institute and award fellowships, exhibitions, prizes

and medals in accordance with the Statutes and Regulations

; and

(13) to endeavour for creation of resources and put the available

resources including human and infrastructural assets to

optimal utilization so as to become a self-sustaining

organisation ; and

(14) to do such other acts and things, whether incidental to the

powers aforesaid or not, as may be required in order to

further the objects of the Cluster University as a teaching,

affiliating or examining body, and to cultivate and promote

arts, science and other branches of learning.

6. Approval of the Government.––Notwithstanding anything

contained in the foregoing section, any reorganisation or alteration in

structure, pattern or medium of education at the Cluster University level

shall require the previous approval of the Government.

7. Cluster University open to all classes and creeds.––Each

Cluster University shall be open to all persons irrespective of sex, caste,

class or creed and it shaII not be lawful for a Cluster University to

adopt or impose on any person any test whatsoever of religious belief

or profession in order to entitle him to a certificate, diploma or degree

of the Cluster University, or to serve as a teacher or to hold any office

in the Cluster University, or to enjoy or exercise any privileges thereof,

except where such test is specially prescribed by the Statutes, or, in

respect of any particular benefaction accepted by the Cluster University,

where such test is made a condition thereof by any testamentary or

other instrument creating such benefaction.

No. 7-1]

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

7

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

8. Affiliation restricted to educational institutions in the

State.––Notwithstanding contained anything in any law for the time

being in force, no educational institution outside the territory of the State

shall be affiliated with, or be admitted to any privileges of, a Cluster

University under this Act.

9. Officers of the Cluster University.––The following shall be

the officers of a Cluster University :––

(1) the Chancellor ;

(2) the Pro-Chancellor ;

(3) the Vice-Chancellor ;

(4) the Financial Advisor ;

(5) the Educational Advisor ;

(6) the Registrar ;

(7) the Controller of Examinations ; and

(8) such officers as the Statutes may declare to be the officers

of a Cluster University.

10. The Chancellor.––(l) The Chief Minister of the State shall

be the Chancellor of the Cluster Universities. He shall be the Head

of the Cluster Universities and shall, when present, preside at the

meetings of the Cluster University Council and at the Convocations of

the Cluster Universities.

(2) The Chancellor shall have such powers as may be conferred

on him by this Act or the Statutes.

(3) Every proposal for the conferment of any honorary degree

shall be subject to the confirmation of the Chancellor.

8

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

[No. 7-1

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

(4) The Chancellor may delegate to the Pro-Chancellor such of

his powers under this Act or the Statutes, as he may specify.

11. The Pro-Chancellor.––(1) The Minister Incharge for Higher

Education of the State shall be the ex-officio Pro-Chancellor of the

Cluster Universities.

(2) The Pro-Chancellor shall, when present, in the absence of

the Chancellor, preside at the meetings of the University Council and

at the Convocations of both the Cluster Universities.

(3) The Pro-Chancellor shall have the right to cause an inspection

to be made, by such person or persons as he may direct, of a Cluster

University, its buildings, laboratories, equipment, and of any institutions

associated with the Cluster University and also of the examinations,

teaching and other work conducted or done by the Cluster University

and to cause an inquiry to be made in like manner in respect of any

matter connected with the Cluster University. The Pro-Chancellor shall

in every case give notice to a Cluster University of his intention to

cause an inspection or inquiry to be made and the Cluster University

concerned shall be entitled to be represented there at.

(4) The Pro-Chancellor may address the Vice-Chancellor of the

University concerned with reference to the result of such inspection

and inquiry and the Vice-Chancellor shall place the same before the

Syndicate and also the Cluster University Council of the University

concerned, if necessary, with such advice as the Pro-Chancellor may

offer upon the action to be taken thereon.

(5) The Vice-Chancellor of the Cluster University concerned shall

then, within such time as the Pro-Chancellor may fix, submit to him

a report of the action taken or proposed to be taken by the Syndicate

together with the view which the University Council concerned may

have expressed on the report.

No. 7-1]

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

9

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

(6) If the Syndicate concerned does not, within a reasonable time,

take action to the satisfaction of the Pro-Chancellor, the Pro-Chancellor

may, after considering any explanation which the Syndicate concerned

may furnish, issue such directions in consultation with the

Vice-Chancellor concerned as he may think fit.

12. The Vice-Chancellor.––(1) The Vice-Chancellor shall either

be a whole-time paid or a part-time honorary officer of a Cluster

University as the Chancellor may determine and shall be appointed by

the Chancellor in consultation with the Pro-Chancellor from amongst

the persons whose names are submitted to him by a Committee

constituted in accordance with the provisions of sub-section (2).

(2) The Committee referred to in sub-section (1) shall consist of

three persons, namely :––

(a) two persons not connected with the Cluster University or

any College of that Cluster University to be nominated by

the University Council ;

(b) a third person not connected with the Cluster University

or any College of that Cluster University to be nominated

by the Chancellor, who shall also be the Chairman of the

Committee.

(3) The Committee constituted under sub-section (2) shall submit

a panel of three names to the Chancellor for appointment of the

Vice-Chancellor.

(4) If the Chancellor does not consider any of the persons on

the panel recommended by the committee suitable for appointment as

Vice-Chancellor, he may direct the committee to prepare a fresh panel

of three names for submission to him or may direct to constitute a

fresh committee for this purpose.

10

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[No. 7-1

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

(5) The Vice-Chancellor of a Cluster University shall hold office

for five years :

Provided that on the expiry of the term of his office, the

Vice-Chancellor shall be eligible for re-appointment for such term

as the Chancellor may in consultation with the Pro-Chancellor determine

:

Provided further that the Vice-Chancellor shall not be removed

from his office except by order of the Chancellor passed in consultation

with the Pro-Chancellor, on the ground of misbehavior or incapacity

or if it appears to the Chancellor that the continuance of the

Vice-Chancellor in office is detrimental to the interests of the Cluster

University, after due enquiry by such person who is or has been a

Judge of a High Court to be nominated by the Chancellor, in consultation

with the Pro-Chancellor, in which the Vice-Chancellor shall have an

opportunity of making his representation against such removal.

(6) The Vice-Chancellor of a Cluster University shall, in case he

is a whole-time paid officer, receive salary not exceeding the

limit prescribed by the University Council and other facilities as

the Chancellor may determine, in addition to free residential

accommodation ; provided that in exceptional cases the Chancellor may

allow a higher salary in consultation with the Government. In case the

Vice-Chancellor is appointed on part-time honorary basis, he shall

receive such honorarium and other facilities as the Chancellor may

determine in consultation with the Government.

(7) Where any temporary vacancy of a Vice-Chancellor occurs

by reason of resignation, illness, leave or other cause, the University

Council shall report the same to the Chancellor who shall make such

arrangement for carrying on the duties of the Vice-Chancellor as he

may think fit.

No. 7-1]

The J&K Govt. Gazette, 23rd May, 2016/2nd Jyai., 1938.

11

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

(8) Notwithstanding anything contained in sub-section (5), the

Vice-Chancellor shall continue in office beyond the expiry of his term

until his successor is appointed and enters upon his office.

13. Powers and duties of the Vice-Chancellor.––(1) The

Vice-Chancellor shall be the Principal Executive and Academic Officer

of a Cluster University and shall, in the absence of the Chancellor and

the Pro-Chancellor, preside over the meetings of the University Council

and at any convocation of the Cluster University. He shall be an ex-

officio member and Chairman of the Syndicate, Academic Council and

such other authorities and bodies as are provided under the provisions

of this Act, and shall be entitled to be present and to speak at any

meeting of any authority or body of the Cluster University concerned

but shall not be entitled to vote there at unless he is a member of

the authority or the body concerned.

(2) It shall be the duty of the Vice-Chancellor to see that the

provisions of this Act, the Statutes and the Regulations are faithfully

observed and he shall have all powers necessary for the purpose.

(3) The Vice-Chancellor shall have power to convene meetings

of the University Council, the Syndicate, the Academic Council and

joint meetings of Faculties and Boards of Studies of the Cluster

University concerned.

(4) The Vice-Chancellor may take action as he deems necessary

in any emergency which, in his opinion, calls for immediate action. He

shall in such a case and as soon as or may be thereafter, report his

action to the officer, authority or other body of the Cluster University

concerned who or which would ordinarily have dealt with the matter.

(5) Save as otherwise provided in this Act, the Vice-Chancellor

of a Cluster University shall have the powers to make appointments

of the ministerial, technical and inferior staff.

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(6) The Vice-Chancellor shall give effect to the orders of the

University Council and the Syndicate of the Cluster University concerned

regarding the appointment, dismissal and suspension of persons in the

employment of the Cluster University and shall exercise general control

over the affairs of the Cluster University. He shall be responsible for

the discipline of the Cluster University in accordance with this Act,

Statutes and Regulations.

(7) The Vice-Chancellor shall exercise such other powers as may

be prescribed by Statutes and Regulations.

(8) The Vice-Chancellor may delegate any of his powers under

this Act or the Statutes and Regulations made thereunder to any other

officer or body of the Cluster University concerned.

14. Financial Advisor.––(1) The Administrative Secretary to

Government, Finance Department, or any other officer nominated by

the Government of Jammu and Kashmir shall be the ex-officio Financial

Advisor to the Cluster Universities.

(2) The Financial Advisor shall exercise general supervision over

the funds of the Cluster University and shall advise it as regards its

financial policy.

(3) The Financial Advisor shall be an ex-officio member of the

University Council and the Syndicate of the Cluster Universities.

(4) The Financial Advisor shall––

(a) present annual estimates and the statement of accounts to

the Syndicate and the University Council ; and

(b) exercise such other powers and perform such other duties

as may be prescribed by the Statutes and Regulations.

15. Registrar.––(1) The Registrar of a Cluster University shall

be a whole-time officer and shall be appointed by the University

No. 7-1]

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13

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Council on the recommendation of the Selection Committee, constituted

under section 34 of this Act. The terms and conditions of service and

the emoluments of the Registrar shall be such as prescribed by the

University Council.

(2) The Registrar of a Cluster University shall act as the Secretary

of the University Council and the Boards of Research Studies and other

bodies of the Cluster University.

(3) The Registrar of a Cluster University shall, subject to the

sanction of the Vice-Chancellor and subject to the Regulations that may

be framed in this behalf, control the ministerial technical and inferior

staff of the Cluster University concerned.

(4) The Registrar of a Cluster University shall be the custodian

of the records, the common seal and such other property of the Cluster

University concerned as the University Council or Syndicate may commit

to his charge.

(5) The Registrar of a Cluster University shall have power to

realise and receive all moneys due to the Cluster University and sign

and grant receipts for the same, to make all disbursements on account

of the Cluster University concerned and, subject to provisions of Statutes,

sign such cheques or other instruments as may be necessary for the

purpose.

(6) The Registrar of a Cluster University shall issue under his

signatures notice convening meetings of the University Council, the

Syndicate and the Boards of Research Studies of the Cluster University

concerned.

(7) The Registrar shall, in the execution of his duties, be subject

to the immediate direction and control of the Vice-Chancellor and shall

render such assistance to the Vice-Chancellor as may be required by

him in the performance of his official duties.

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(8) The Registrar of a Cluster University shall exercise such other

powers and perform such other duties as may be prescribed by the

Statutes and the Regulations or as may be assigned to him by any

authority of the Cluster University concerned.

(9) The Registrar may, with the previous approval of the

Vice-Chancellor, delegate any of his powers prescribed under the

provisions of this Act or the Statutes or the Regulations made

there under to any other officer of the Cluster University.

16. Controller of Examinations.––(1) The Controller of

Examinations of a Cluster University shall be a whole-time officer of

the Cluster University concerned and shall be appointed by the

University Council on the recommendation of the Selection Committee

constituted in accordance with the provisions of section 34 of this Act

on such terms and conditions as the University Council may from time

to time prescribe.

(2) It shall be the duty of the Controller of Examinations of a

Cluster University to make arrangements connected with the setting

and printing of question papers for all the examinations held by the

Cluster University concerned including their safe custody and all other

matters connected therewith.

(3) Subject to directions of the Syndicate, the Controller of

Examinations of a Cluster University shall make all arrangements for

the conduct of examinations of the Cluster University concerned.

(4) Subject to directions of the Syndicate, the Controller of

Examinations of a Cluster University shall arrange all items of the

examination work such as dispatch and transit of answer books and

question papers, evaluation of answer scripts, tabulation of results,

complaints against question papers set for the examinations, use of

unfairmeans, publication and re-checking/re-evaluation of results and

other related matters.

No. 7-1]

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15

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(5) The Controller of Examinations of a Cluster University shall

exercise such other powers and perform such other duties as may be

prescribed under the Statutes and Regulations from time to time.

(6) The Controller of Examinations of a Cluster University shall,

in the execution of his duties, be subject to the immediate direction

and control of the Vice-Chancellor of the Cluster University concerned

and shall render such assistance to the Vice-Chancellor as may be

required by him in the performance of his official duties.

17. Other Officers.––Save as otherwise expressly provided in this

Act, the procedure for appointment and the powers of the officers of

the Cluster University other than the Chancellor, the Pro-Chancellor,

the Vice-Chancellor, the Financial Advisor, the Educational Advisor, the

Registrar and the Controller of Examinations shall be prescribed by the

Statutes.

18. Authorities.––The following shall be the authorities of a

Cluster University :––

(1) the University Council ;

(2) the Syndicate ;

(3) the Academic Council ;

(4) the Faculties ;

(5) the Boards of Studies ;

(6) the Boards of Research Studies ;

(7) the Board of Inspection ; and

(8) such other authorities as may be declared by the Statutes

to be the authorities of the Cluster University.

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19. University Council.––(1) There shall be a University Council

in a Cluster University consisting of the following members,

namely :––

(i) the Chancellor ;

(ii) the Pro-Chancellor ;

(iii) the

Vice-Chancellor

of

the

Cluster

University

concerned ;

(iv) the Vice-Chancellor of the other Cluster University

established under the provisions of this Act ;

(v) the Financial Advisor ;

(vi) the Educational Advisor, Administrative Secretary to the

Government, Higher Education Department, J&K Government

or the officer designated by the Government to be incharge

of Higher Education ;

(vii) Principals of all the Constituent Colleges of the Cluster

University concerned ;

(viii) two Deans of Faculties of the Cluster University concerned

nominated by the Chancellor by rotation ;

(ix) two Principals of the autonomous/affiliated colleges to

be nominated by the Chancellor in consultation with

Pro-Chancellor ; and

(x) two nominees of the Chancellor.

(2) The period for which members nominated under (viii)

to (x) of sub-section (1) shall hold office, would be as prescribed in

the Statutes in this behalf.

No. 7-1]

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17

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(3) The meetings of the University Council of a Cluster University

shall be presided over by the Chancellor, when present. In his absence,

the Pro-Chancellor shall preside and in the absence of both the

Chancellor and the Pro-Chancellor, the Vice-Chancellor of the Cluster

University concerned shall preside.

20. Powers and functions of the University Council.––The

University Council of a Cluster University shall be the supreme

authority of the Cluster University and shall have the following powers,

namely :––

(a) to make Statutes under this Act and to amend and repeal

the same in consultation with the Syndicate ;

(b) to make Regulations in consultation with the Syndicate ;

(c) to approve the financial estimates framed by the Syndicate

of the Cluster University ;

(d) to approve plans of development and expansion of the

Cluster University ;

(e) to consider and pass resolutions on the annual reports ;

(f) save as otherwise provided in this Act, to appoint officers

of the status of Joint Registrar, Deputy Librarian and above

and teachers of the status of Associate Professors and

above and to define their duties :

Provided that no officer or teacher shall be appointed by

a University Council until provision has been made for his

salary in the approved budget of the Cluster University

concerned :

Provided further that all appointments (permanent or

temporary) to the posts of officers or teachers referred

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to in this section shall be made by the Cluster University

Council on the recommendation of the Selection Committee

constituted for the purpose in accordance with the

provisions of section 34 of this Act, and on such terms

and conditions as may be prescribed by the Statutes :

Provided also that the Vice-Chancellor may make

appointments of teachers referred to in this section as a

temporary measure for a period not exceeding six months

to carry on the work and if the recommendations of the

Selection Committee are not received within a period of

six months, the Vice-Chancellor may extend the appointment,

if any, made by him, for the duration of the academic

session with the approval of the University Council ;

(g) to exercise such other powers and perform such other

duties as may be conferred or imposed upon it by this Act

or the Statutes ;

(h) to constitute committees for specific purposes and to assign

such duties to them as it deems fit ;

(i) to delegate such of its powers to any officer or authority

of the Cluster University as it may deem fit ; provided

that such delegation is made by a majority of not less than

two-thirds of the members of the University Council ; and

(j) to exercise such other powers of the Cluster University

as are not otherwise provided for in this Act and the

Statutes and Regulations made thereunder.

21. Syndicate.––(1) The Syndicate shall be the Chief Executive

Authority except in respect of the matters falling within the purview

of the University Council concerned in accordance with the

No. 7-1]

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19

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provisions of this Act and it shall consist of the following members,

namely :––

(i) the Vice-Chancellor ;

(ii) the Financial Advisor ;

(iii) the Educational Advisor ;

(iv) Principals of all the constituent colleges of the Cluster

University ;

(v) two Deans of the Faculties of the Cluster University by

rotation to be nominated by the Vice-Chancellor ;

(vi) two Deans of Faculties of the other Cluster University by

rotation to be nominated by the Chancellor ;

(vii) one member of the Academic Council of the Cluster

University, concerned nominated by the Council from

amongst its members ;

(viii) two members of the Syndicate of the other Cluster

University nominated by that body ; and

(ix) three nominees of the Chancellor.

(2) The terms and conditions of the office of members of a

Syndicate other than ex-officio members shall be such as may be

prescribed by the Statutes in this behalf.

22. Powers and functions of the Syndicate.––(1) Subject to the

provisions of this Act, the Statutes and the Regulations, the Syndicate

of a Cluster University shall exercise and perform the following powers

and functions :––

(a) to frame the budget estimates of the Cluster University and

to submit these to the University Council at a time to be

prescribed by Statutes ;

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(b) to recommend the draft Statutes and Regulations or

amendments or revocation thereof and other proposals for

consideration by the University Council ;

(c) to hold control, and administer the funds, property and other

assets of the Cluster University :

Provided that no expenditure shall be incurred which has

not been included in the approved estimates except with

the sanction of the University Council :

Provided further that the Syndicate shall have powers of

re-appropriation in accordance with the Regulations to be

prescribed in this behalf ;

(d) save as otherwise provided in this Act, to appoint officers

(below the status of Joint Registrar and Deputy Librarian)

and teachers (below the status of a Associate Professor)

and to define their duties :

Provided that no officer or teacher shall be appointed by

a Syndicate until provision has been made for his

salary in the approved budget of the Cluster University

concerned :

Provided further that all appointments (permanent or

temporary) to the posts of officers or teachers referred

to in this section shall be made by the Syndicate on the

recommendations of the Selection Committee constituted

for the purpose in accordance with the provisions of section

34 of this Act and on such terms and conditions as may

be prescribed by the Statutes :

Provided also that the Vice-Chancellor may make

appointments of teachers referred to in this section as a

temporary measure for a period not exceeding six months

No. 7-1]

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21

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to carry on the work and if the recommendations of the

Selection Committee are not received within a period of

six months, the Vice-Chancellor of the Cluster University

may extend the appointments, if any, made by him, for the

duration of the academic session with the approval of the

Syndicate ;

(e) to admit new colleges to the privileges of affiliated or

constituent colleges of the Cluster University subject to the

conditions to be laid down in the Statutes ;

(f) to arrange for and direct the periodical and special

inspection of the colleges and other institutions ;

(g) to award scholarships, prizes, fellowships, exhibitions,

bursaries and other such awards in accordance with the

procedure prescribed in this behalf ;

(h) to control and manage the Libraries of the Cluster

University concerned ;

(i) to provide buildings, premises, furniture, apparatus,

equipment and other means and facilities needed

for carrying on the work of the Cluster University

concerned ;

(j) to invest any moneys belonging to the Cluster University

concerned including any unapplied income in any of the

approved securities, or to place in fixed deposit in any bank,

approved by the Government in this behalf, any portion of

such moneys not required immediately for expenditure ;

(k) to demand and receive such fees as may from time to

time be prescribed by Statutes and Regulations ;

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(l) to constitute committees for specific purposes and to assign

such duties to them as may be deemed necessary ;

(m) to recommend to the University Council the plans for

development and expansion of the Cluster University ;

(n) to appoint paper setters and examiners for all the

examinations held by the Cluster University in accordance

with the procedure prescribed in the Statutes ;

(o) to give directions for holding of examinations compilation

and publication of results ;

(p) to give directions for the editing, printing and publishing of

such text-books for various examinations of the Cluster

University as may be considered necessary for this

purpose ;

(q) to maintain proper standards of teaching and examination

in consultation with the Academic Council of the Cluster

University concerned ;

(r) to enter into, vary, carry out and cancel contracts on behalf

of the Cluster University ;

(s) to direct the form, custody and use of the common seal

of the Cluster University ;

(t) to accept or transfer any movable or immovable property

on behalf of the Cluster University concerned ;

(u) to exercise such other powers and perform such other

duties as may be conferred upon or assigned to it by this

Act or the Statutes ; and

(v) to delegate, whenever necessary, appropriate financial and

administrative powers to the Vice-Chancellor, the Registrar,

No. 7-1]

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23

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the Principals of Constituent Colleges, the Heads of the

Postgraduate Departments, the Controller of Examinations

or any other officer of the Cluster University concerned.

(2) Any difference or disagreement arising between the Syndicate

and the Vice-Chancellor with regard to any decision taken by the

Syndicate may be referred by the Vice-Chancellor to the Chancellor.

The Chancellor shall refer back such decision to the Syndicate for

re-consideration. In case the Syndicate endorses its earlier decision by

a two-thirds majority, such decision shall be deemed to be final.

23. Academic Council.––The Academic Council of a Cluster

University shall consist of the following persons, all of whom shall be

ex-officio members :––

(i) The Vice-Chancellor of the Cluster University

concerned ;

(ii) Principals of the Constituent Colleges or Autonomous

Colleges or Affiliated Colleges of the Cluster University

concerned nominated by the Vice-Chancellor ;

(iii) The Deans of Faculties of the Cluster University

concerned ;

(iv) The Heads of Departments of the Cluster University

concerned having the status of Professors or Associate

Professors ;

(v) Four Professors/Associate Professors from constituent/

autonomous/affiliated colleges of the Cluster University

concerned representing subjects other than those represented

by the Principals, nominated by the Vice-Chancellor ;

(vi) Deans of the Faculties of the other Cluster University

established under the provision of this Act ; and

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(vii) Two Professors of the other Cluster University established

under the provisions of this Act.

24. Powers and functions of the Academic Council.––(1) The

Academic Council of a Cluster University shall have the following

powers and functions :––

(a) to control and regulate the standards of teaching and

examinations in the Cluster University ;

(b) to prescribe the syllabi and the courses of study for all

the examinations held by the Cluster University ;

(c) to make proposals to the Syndicate and the University

Council for the institution of Professorships, Associate

Professorships, Assistant Professorships or other teaching

posts and re-appropriating positions in various subjects (on

sufficient justifications) in regard to their duties ;

(d) to formulate, modify or revise, subject to control of the

Syndicate and the University Council, schemes for the

Constitution of Faculties and for the assignment of subjects

to the Faculties ;

(e) to nominate teachers or specialists to the Faculties ;

(f) to promote research within the Cluster University and to

acquire reports of such research from persons engaged

therein ;

(g) to advise the Syndicate and the University Council on

academic matters ; and

(h) to make proposals to the higher authorities of the Cluster

University for supplementing the teaching provided in the

Constituent, Autonomous and Affiliated Colleges.

No. 7-1]

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25

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(2) The Academic Council of a Cluster University shall have the

powers to appoint a Standing Committee of the members of the

Academic Council of which not less than two-thirds shall be Cluster

University Professors, Associate Professors, Principals, or teachers of

Constituent Autonomous and Affiliated Colleges not lower in rank than

that of a Professor or Associate Professor and to delegate to it such

of its powers as it may deem fit. The Standing Committee shall have

power to invite experts, whenever necessary, for advice on a particular

matter under consideration.

25. Faculties.––(1) The Cluster Universities of Kashmir and

Jammu shall have the Faculties one each for Arts, Science, Social

Sciences, Commerce, Education and such other Faculties as may be

prescribed by the Statutes of the Cluster University from time to time.

(2) Each of the Faculties of Arts, Science, Social Sciences,

Commerce and Education shall consist of––

(i) The Professors and Associate Professors of the Cluster

University Schools comprising the Faculty ;

(ii) Professors or Associate Professors, in case there are no

Professors in the concerned subject, representing the

Constituent, Autonomous and Affiliated Colleges of the

Cluster University in each subject comprising each

Faculty ;

(iii) two persons other than teachers nominated to the Faculty

by the Academic Council possessing expert knowledge of

the subject, comprising the Faculty.

26. Powers of each Faculty.––Each Board shall have the

following powers and functions, namely :––

(a) subject to the control of the Academic Council to organize

the teaching work of the Cluster University in the subjects

assigned to the Faculty ;

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(b) to suggest to the Academic Council the syllabi and courses

of studies for different examinations after consulting the

Boards of Studies ;

(c) to recommend to the Academic Council the conditions for

the award of degrees, diplomas and other distinctions ;

(d) to deal with any matter referred to it by the University

Council or the Syndicate or the Academic Council ;

(e) to discharge such other functions as may be prescribed by

the Statutes and Regulations ;

(f) to transact such other business as may be approved by

the Deans of the Faculties.

27. The Deans.––(l) There shall be a Dean of each Faculty who

shall be nominated by the Vice-Chancellor by rotation according to

seniority in the manner and subject to such conditions as may be

prescribed by the Statutes :

Provided that the office of the Dean of a Faculty shall be held

by a member of the Faculty who is a Cluster University Professor

in a subject comprised in the Faculty and in case there is no Cluster

University Professor in any subject comprised in a Faculty, it may be

held by a member of the Faculty who is the Principal or senior most

Professor/Associate Professor in a College in the same Faculty :

Provided further that no person shall hold the office of the Dean

for more than two consecutive terms except where there is no other

person eligible to hold the office.

(2) The Dean of Faculty shall be responsible for the due

observance of the Statutes and Regulations relating to his Faculty.

(3) Each Faculty shall comprise such subjects of study as may

be prescribed by the Regulations.

No. 7-1]

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27

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28. Boards of Studies.––(1) In a Cluster University there shall

be a Board of Studies for a subject or subjects comprised in a Faculty

in accordance with the provisions of the Regulations.

(2) Each Board of Studies shall consist of the following members,

namely :––

(a) the Professors of the Cluster University Department in the

subject assigned to the Board, if there are any ;

(b) the Associate Professors of the Cluster University

Department in the subject assigned to the Board, if there

are any ;

(c) the senior most Professor or Associate Professor, in case

there is no Professor, from the department in the subject

concerned from each constituent College ;

(d) the senior most Professor or Associate Professor, in case

there is no Professor, from the department in the subject

concerned from each Autonomous/Affiliated College, not

lower in rank than that of a Professor or Associate

Professor ;

(e) one person who is not a teacher in any affiliated or

constituent college of the Cluster University or a department

of the Cluster University, nominated by the Faculty :

Provided further that where it is found that the Board of

Studies in any subject is not adequately represented, the

Vice-Chancellor of the Cluster University concerned may

authorize co-option of teachers in the subject from colleges

or the Cluster University Departments to the extent of three

members.

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(3) Head of the Cluster University Department senior to all other

Professors in the department shall be the Convener and in case there

is no Professor of the Cluster University Department in a subject the

Board of Studies shall elect one of its members as the Convener of

the Board.

(4) The terms and conditions of the office of the members of

a Board of Studies shall be such as may be prescribed by the Statutes

in this behalf.

(5) Where a Board of Studies comprises more than one subject,

the Vice-Chancellor may constitute the Board on similar lines so as

to ensure that each subject comprised in the Board is adequately

represented on it ; provided that the total number of members of the

Board so constituted does not exceed ten.

(6) Notwithstanding anything contained in this section or any

Statute or Regulation made thereunder, each Cluster University may

have a Board of Postgraduate Studies for each subject in which

Postgraduate instructions are imparted, and a Board of Undergraduate

Studies for the subject or subjects in which Undergraduate instructions

are imparted. The composition of these Boards shall be such as

may be determined by the Chancellor in consultation with the

Vice-Chancellor of the Cluster University concerned.

29. Functions and powers of the Board of Studies.––(1) It shall

be the duty of Board of Studies to make suggestions to the Faculty

concerned regarding––

(a) Syllabi for the subject or subjects of instruction ;

(b) Combination of subjects permitted in various courses ;

(c) Identification of new courses of study

(d) Appointment of paper-setters and examiners ; and

No. 7-1]

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29

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(e) Any matter referred to it by the University Council, the

Syndicate, the Academic Council or the Faculty concerned.

(2) The Boards of Studies shall also discharge such other functions

as may be prescribed by the Statutes or the Regulations.

30. Board of Research Studies.––(1) There shall be Boards of

Research Studies, one each for Humanities, Science, Social Science

and such other fields of study as may be specified by the Syndicate

concerned after having consulted the Academic Council of the Cluster

University concerned. Each Board shall consist of the Vice-Chancellor,

the Pro-Vice-Chancellor, the Registrar, the Dean and the Heads of the

Cluster University Departments of the subjects comprised in the Faculty

with power to co-opt members :

Provided that an expert in the subjects concerned may be invited

to advise on a particular matter relating to each subject. The co-opted

members shall hold office for a period of three years. The

Vice-Chancellor shall be ex-officio Chairman of each Board and in

his absence, the Pro-Vice-Chancellor shall act as Chairman and the

Registrar shall be the Members-Secretary of the Board.

(2) Each Board shall organize research studies under the guidance

of the Academic Council and in accordance with the Statutes and

Regulations prescribed in this behalf.

31. Powers and functions of the Board of Research Studies.–

–Each Board shall have the following powers and functions,

namely :––

(a) to consider and grant applications for registration for the

research degrees in the light of the recommendations

made by the Head of the Postgraduate Department

concerned ;

(b) to appoint supervisors for the guidance of research

studies ;

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(c) to prescribe to maximum number of research scholars to

be guided by an approved supervisor ;

(d) to submit to the Academic Council suggestions and

proposals for organizing or improvement of the research

studies in the Cluster University ; and

(e) to consider any other matter referred to it by the Academic

Council, the Syndicate and the University Council.

32. Board of Inspection.––There shall be a Board of Inspection

in a Cluster University consisting of the following members,

namely :––

(a) a designated officer of the Cluster University to be named

as Dean, College Development Council ;

(b) Principals of the constituent colleges of the Cluster

University ;

(c) two Deans of Faculties of the Cluster University concerned

by rotation, nominated by the Vice-Chancellor.

(2) The terms and conditions of the office of the members of

the Board of Inspection shall be such as may be prescribed by the

Statutes in this behalf.

33. Functions of the Board of Inspection.––(1) Subject to the

provisions of this Act and the Statutes and Regulations made thereunder,

the Board of Inspection shall perform the following functions :––

(a) receive all applications for recognition or affiliation of

colleges and other teaching institutions including all

applications for recognition in new courses or subjects

referred to it by the Syndicate and cause an inspection to

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be made and lay its report before the Syndicate for

decision ;

(b) appoint inspectors for the inspection of a College once at

least within a period of three years after the grant of the

privileges of an affiliated or Constituent College or after

the inspection last held, consider the report of the inspectors

and forward it to the Syndicate with its recommendations.

(2) The inspection of colleges and other teaching institutions

applying for affiliation or recognition shall be conducted by a committee

to be appointed by the Board of Inspection. In the case of a College

applying for recognition in new courses or subjects the Committee of

Inspection shall consist of the following members :––

(a) One member of the Board of Inspection nominated by the

Vice-Chancellor ;

(b) The Heads of the Cluster University Departments

concerned, if there are any in the subjects ; and

(c) The Dean of the Faculty concerned.

34. Selection Committees.––(1) Save as otherwise provided in

this Act, there shall be Selection Committees in a Cluster University

comprising the following members for selection of teachers and officers

for appointment/recognition in the Cluster University concerned :––

(A) Committees for appointment of teachers :

(a) For Associate Professors and Assistant Professors

or equivalent post.––The committee for appointment

of Associate Professors and Assistant Professors shall

be same as may be prescribed by the Regulations of

the University Grants Commission ;

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(b) For Professors, Associate Professors and Assistant

Professors equivalent post.––The Committee for

appointment of Professors, Associate Professors and

Assistant Professors shall be same as may be

prescribed by the Regulations of the University Grants

Commission ;

(B) Committee for Recognizing teachers for the Cluster

University, amongst the teachers of the Higher

Education Department.––The committee for recognizing

teachers for Cluster University from amongst the teachers

of Higher Education Department shall consist of,––

(i) Vice-Chancellor (Chairman) ;

(ii) Dean of the concerned Faculty of the University ;

(iii) Subject Expert to be nominated by the Academic

Council of the University ;

(iv) A member of the Syndicate concerned, nominated by

the Vice-Chancellor ;

(v) Registrar.

(C) Committee for appointment of the officers of the

status of the Joint Registrar, Deputy Librarian and

above.––The Committee for appointment of Joint Registrar

and Deputy Librarian shall consist of,––

(i) Vice-Chancellor (Chairman) ;

(ii) Financial Advisor ;

(iii) Educational Advisor ;

(iv) Senior most Principal from amongst the Constituent

College of the Cluster University ; and

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(v) A member of the University Council concerned,

nominated by the Chancellor.

(D) Committee for appointment of officers below the

status of the Joint Registrar and Deputy Librarian.–

–The committee for appointment of officers below the

status of the Joint Registrar and Deputy Librarian

shall consist of,––

(i) Vice-Chancellor (Chairman) ;

(ii) Financial Advisor ;

(iii) Educational Advisor ;

(iv) A member of the Syndicate concerned, nominated by

the Vice-Chancellor ;

(v) Registrar.

(2) The majority of members shall form the quorum of the

Selection Committees as provided under sub-section (1).

35. Other authorities.––The constitution, powers and duties of

such other authorities as may be provided the Statutes to be authorities

of the Cluster University shall be such as may be prescribed by Statutes.

36. Audit of accounts.––The accounts of a Cluster University

shall, once in every year and at the intervals of not more than fifteen

months be audited by auditors appointed by the Government and a copy

of the accounts together with the auditors, report, shall be published

in the Government Gazette.

37. Alteration in the designating of a Government Officer.–

– Where any provision of this Act or the Statutes or Regulations refers

to any officer of the Government by designation then, if that designation

is altered or the office held by such officer ceases to exist, the reference

to that designation shall be construed as reference to the altered

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designation or as the casc may be, to such corresponding officer as

the Government may direct.

38. Statutes.––Subject to the provision of this Act, the Statutes

may provide for all or any of the foIlowing matters, namely :––

(a) the holding of convocation by a Cluster University to confer

degrees ;

(b) the conferment of Honorary Degree ;

(c) the institution of Fellowships, Scholarships, Exhibitions,

Bursaries, Medals and Prizes ;

(d) the conditions of service of the Vice-Chancellor and other

officers of the Cluster University ;

(e) the designation and powers of the officers of the Cluster

University ;

(f) the constitution, powers and duties of the authorities of the

Cluster University ;

(g) the conditions for recognition and affiliation of colleges and

other institutions to the Cluster University ;

(h) the classification of teachers employed by the Cluster

University ;

(i) the constitution of pension or general provident fund or

contributory provident fund or New Pension Scheme (NPS)

for the benefit of the officers, teachers and other servants

employed by the Cluster University ;

(j) the conditions under which students shall be admitted, to

the examinations conducted by the Cluster University, and

be eligible for degrees, diplomas or certificates ;

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(k) the fees to be charged for admission to the examinations

and the Departments of the Cluster University ;

(l) the conditions and mode of employment and the duties of

examiners and paper setters ;

(m) the conduct of examinations ;

(n) the admission of students to constituent and affiliated

colleges ;

(o) the number, qualifications and emoluments of teachers

employed by the Cluster University ; and

(p) all matters which by this Act are to be or may be prescribed

by the Statutes.

39. Statutes how made.––(1) Subject to the provisions of this

Act, the Statutes may be amended or repealed or added to by Statutes

made by the University Council in the manner hereinafter appearing.

(2) The University Council may of its own motion take into

consideration the draft of any Statute submitted to it by one of its own

members :

Provided that in any such case, before a Statute is passed, the

opinion of the Syndicate or if the draft of such a Statute affects the

powers, duties or emoluments of any officer, teacher, authority or board,

a report from the person or body concerned together with the opinion

of the Syndicate shall be taken into consideration by the University

Council.

(3) The Syndicate of a Cluster University may propose to the

University Council the draft of any Statute to be passed by the University

Council. Such draft shall be considered by the University Council at

its next meeting. The University Council may approve such draft and

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pass the Statute, or may reject it, or may return it to the Syndicate

for reconsideration either in whole or in part, together with any

amendments which the University Council may suggest. After any draft

so returned has been further considered by the Syndicate together with

any amendments suggested by the University Council, it shall again be

presented to the University Council with the report of the Syndicate

and the University Council may then deal with the draft in such manner

as it may think proper.

(4) (a) When the University Council has passed a Statute, it shall

be submitted to the Chancellor who may assent to it or may withhold

his assent or may refer it back to the University Council for further

consideration.

(b) If the University Council rejects the draft of a Statute proposed

by the Syndicate, the draft shall be submitted to the Chancellor who

may refer it back to the University Council for further consideration.

(c) A Statute passed by the University Council shall not become

valid until assent thereto of Chancellor has been notified.

(5) The Syndicate shall not propose the draft of any Statute or

of any amendment of a Statute––

(a) affecting the status, powers or constitution of an authority

of the Cluster University until such authority has been given

an opportunity of expressing an opinion upon the proposal.

Any opinion so expressed shall be in writing and shall be

considered by the University Council and shall be submitted

to the Chancellor ; and

(b) affecting the conditions of recognition and affiliation of

constituent, autonomous and affiliated colleges to the

Cluster University concerned after consultation with the

Academic Council concerned.

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40. Regulations.––The authorities and the bodies of the Cluster

University may recommend to the Cluster University Council Regulations

consistent with this Act and the Statutes providing for all or any of

the following matters :––

(a) the procedure to be observed at their meetings and the

number of members required to form a quorum ;

(b) the notice to be given of the meetings and of business to

be considered there at, the keeping of records of their

proceedings and similar matters ;

(c) all matters which by this Act or the Statutes are to be

prescribed by the Regulations ;

(d) the conditions of residence of students ;

(e) the discipline of students ;

(f) the classification or inclusion of subjects of study in various

Faculties ;

(g) the constitution, powers and duties of the various Boards

of the Cluster University ;

(h) the periodical inspection of constituent, autonomous or

affiliated colleges and other institutions.

41. Regulations how made.––(1) The University Council of a

Cluster University shall make Regulations in consultation with the

Syndicate after receiving drafts from the authorities and bodies of the

Cluster University :

Provided that the University Council shall not consider the draft

of any Regulations regarding classification or inclusion of the subjects

of study in the various Faculties, otherwise than on the recommendations

of the Academic Council.

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(2) Regulations shall not be made for those matters which under

section 38 of this Act may be provided for by the Statutes.

42. Annual report.––The Annual Report of a Cluster University

shall be prepared at the close of a financial year under the directions

of the Syndicate and shall be submitted to and considered by the Cluster

University Council.

43. Disputes as to constitution of Cluster University Authorities

or Bodies.––If any question arises whether any person has been duly

elected, appointed or co-opted as, or is entitled to be, a member of

any authority or other body of the Cluster University, or whether any

decision of the Cluster University or of any of its bodies, authorities

or committees is in conformity with the Act, the Statutes or the

Regulations, the matter shall be referred to the Chancellor whose

decision thereon shall be final.

44. Filling of casual vacancies.––(1) All casual vacancies among

the members (other than ex-officio members) of any authority or other

body of a Cluster University shall be filled, as soon as conveniently

may be, by the persons or body who appointed, elected or co-opted

the member whose place has become vacant, and the person appointed,

elected or co-opted, to a casual vacancy, shall be a member of such

authority or body for the residue of the term for which the person

whose place he fills, would have been a member.

(2) A person who is a member of an Authority of a Cluster

University as a representative of another body whether of the Cluster

University or outside, shall retain his seat on the Cluster University

Authority, so long as he continues to be member of the body by which

he was appointed or elected and thereafter till his successor is duly

appointed.

45. Proceedings of Cluster University Authorities and Bodies

not invalidated by vacancies.––No act or proceedings of any authority

or other body or committee of a Cluster University shall be invalid merely

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by reason of the existence of a vacancy or vacancies among its

members or by reason of some person having taken part in the

proceedings who is subsequently found not to have been entitled to

do so.

46. Appointment of Special Officer until Cluster University

authorities are duly constituted.––(1) At any time after the

promulgated of this Act, and until such time as the two Cluster

Universities and their authorities shall have been duly constituted, or

until such time as the Chancellor may desire, a Special Officer shall

be appointed by the Chancellor for a Cluster University.

(2) Subject to the superintendence of the Vice-Chancellor, the

Special Officer shall frame the Statutes and Regulations as may be

necessary to bring the Statutes and Regulations in conformity with the

provisions of this Act. The modifications, alterations and additions

proposed by the Special Officer shall, if approved by the Chancellor

be deemed to have been made by the competent authority under this

Act and shall continue to be in force until altered or superseded by

the authority constituted under this Act.

47. Affiliation of State Educational Institutions with the Cluster

University of Kashmir and Cluster University of Jammu.––

(1) Notwithstanding anything contained in this Act or the Statutes with

regard to the conditions of the recognition and affiliation of colleges

and other educational institutions, Amar Singh College, Srinagar,

Sri Pratap College, Srinagar, Government College for Women,

M. A. Road, Srinagar, Government Degree College, Bemina, Srinagar

and Government College of Education, Srinagar shall be the Constituent

Colleges of the Cluster University of Kashmir whereas, the Government

Gandhi Memorial Science College, Jammu, Moulana Azad Memorial

College, Jammu, S. P. M.R. College of Commerce, Jammu, Government

College for Women, Gandhi Nagar, Jammu and Government College

of Education, Jammu shall constitute the Constituent Colleges of the

Cluster University of Jammu immediately after this Act comes into

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force.

(2) De-affiliation of the Constituent Colleges of the Cluster

Universities from the present affiliating Universities, that is the University

of Kashmir and University of Jammu, shall be completed in a phased

manner to facilitate a smooth completion of the courses by the students

already enrolled in the Constituent Colleges as per their present

affiliation.

48. Removal of difficulties.––If any difficulty arises as to the

first constitution of any authority of a Cluster University after the

commencement of this Act, or otherwise in giving effect to the provisions

of this Act, the Government may by order do anything which appears

to it necessary for the purpose of removing the difficulty.

49.

Transitional provisions.––Notwithstanding anything

contained in this Act or any Statute or Regulation made thereunder,

the appointment of the first Vice-Chancellors, the first

Pro-Vice-Chancellors, the first Registrar and the first Controllers of

Examinations of the Cluster Universities constituted under this Act shall

be made by the Chancellor in consultation with the Pro-Chancellor, and,

until the first appointment as aforesaid is made, the Chancellor may

after consultation with the Pro-Chancellor, make provisional appointments

on the said posts, on such terms and conditions and for such period,

as he deems appropriate.

––––––

No. 7-1]

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STATEMENT OF OBJECTS AND REASONS

The creation of two Cluster Universities in the State under

Rashtriya Uchchattar Shiksha Abhiyan (RUSA) by pooling the resources

of five existing colleges that have adequate academic, physical and

technical infrastructural facilities with one of the College each in Srinagar

and Jammu acting as Lead College aims at improving the quality of

State Universities and Colleges and enhance their capacities to become

dynamic, demand driven and quality conscious. A number of courses

including Postgraduation, undergraduation and diploma in different

subjects shall be introduced in these schools thus benefitting the students

to pursue their higher studies in regular mode. The Cluster Universities

in Srinagar and Jammu will augment the existing higher education

facilities in the State, help diversification of academics, enhance manifold

the intake capacity of the PG Courses in the State thereby providing

increased facilities of higher education to the aspiring students. More

students will get opportunities to various Postgraduate, Undergraduate

and diploma courses in different streams and subjects through regular

mode with added infrastructure. The existing State Universities will also

be benefitted by reduction in responsibilities of managing admissions and

examination of the students enrolled in these colleges. The establishment

and functioning of Cluster Universities at Srinagar and Jammu shall be

governed by Kashmir and Jammu Cluster University Act, 2016.

Hence the Bill.

MINISTER FOR EDUCATION.

–––––––

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MEMORANDUM OF FINANCIAL IMPLICATIONS

Rashtriya Uchchattar Shiksha Abhiyan (RUSA) is the final tier

of Centrally Sponsored Schemes of MHRD which began with Sarva

Shiksha Abhiyan (SSA) and graduated to Rashtriya Madhyamaik

Shiksha Abhiyan (RMSA). The scheme was approved by the Cabinet

Committee on Economic Affairs on 3rd October, 2013.

It is the most ambitious initiative and comprehensive scheme for

the higher education sector and would be spread over the 12th and

13th Five Year Plan periods for funding the States, the State Universities

and Colleges to achieve Access, Equity and Excellence.

UGC Schemes such as Development Grants for State Universities

and Colleges, One-time Catch-Up Grants, etc. have been dove-tailed

in RUSA and the individual oriented schemes will continue to be handled

by the UGC.

As a prerequisite, the Higher Education Department, with prior

approval of the Planning and Finance Departments, conveyed

its willingness to the MHRD, GoI to participate in the scheme on

25-10-2013 and also committed to accept and abide by all the decisions

of the RUSA Mission Authority and to fulfill all the prerequisites under

the scheme.

Subsequently, the State Higher Education Council (SHEC)

was constituted vide Government Order No. 1753-GAD of 2013

dated 27-12-2013 with the Hon’ble Chief Minister as the ex-officio

Chairperson, Hon’ble Higher Education Minister as the ex-officio

Vice-Chairperson. Besides, the SHEC has members including the Chief

Secretary, J&K and Administrative Secretaries of the Planning and

Finance Departments.

The State Project Directorate (Mission Directorate), RUSA

was created by the State Cabinet vide Decision No. 101/08/2014,

No. 7-1]

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dated 11-06-2014 followed by the Government Order No. 304-HE

of 2014 dated 13-06-2014.

The State Cabinet also approved creation of 43 posts of various

categories for the State Project Directorate (Mission Directorate),

RUSA against which 9 posts have already been filled.

Creation of Technical Support Group (TSG) was approved by the

State Cabinet and accordingly 6 posts of two categories stand created.

However, the posts are yet to be filled.

An amount of Rs. 958.81 lacs was projected under State Higher

Education Plan (SHEP) as the total outlay required during the last three

financial years of the 12th Five Year Plan under different components

of the scheme, however, the Project Approval Board (PAB), so far,

has approved an amount of Rs. 118.1446 crore under six components

of the scheme.

The scheme could not actually be implemented during the financial

year 2014-15 due to the devastating floods that hit the State in

September, 2014.

So far, the MHRD, Govt. of India has released an amount of

Rs. 35.08 crore during 2014-15 and 2015-16 and the State Government

also released an amount of Rs. 11.80 crore as the State share during

the financial year 2014-15.

An amount of Rs. 30.73 crore stands released to the executing

agencies for the two Cluster Universities and upgradation of

infrastructure of the two State Universities viz. University of Jammu

and University of Kashmir. Besides, Rs. 44.816 lacs were utilized for

establishment of Mission Directorate, RUSA at Srinagar and Jammu.

Pertinently, the PAB, GoI inter alia has approved two Cluster

Universities for the J&K State one each at Jammu and Srinagar for

addressing the critical gaps in the spatial distribution of higher educational

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institutions across the State. These Cluster Universities are being created

by pooling the resources of five existing colleges that have adequate

academic, physical and technical infrastructural facilities and would

eventually become Constituent Colleges of the newly created university.

One college, with various quality parameters of an institution, will be

the lead institution or a nucleus institution around which the Cluster

University would be established.

The creation of these two Cluster Universities would be helpful

in enhancing manifolds the intake capacity of the PG Courses in the

State thereby providing higher education facilities to the aspiring students.

Enhancement of GER is imperative under RUSA and can be obtained

through these Cluster Universities.

The Cluster University, Jammu will comprise the five colleges

functioning within a radius of 3-4 kilometers in the Jammu City. As

per the approval of State Higher Education Council (SHEC)/Project

Approval Board (PAB) five schools with eleven PG Departments are

to be established.

Similarly, the Cluster University, Srinagar will comprise the five

colleges functioning within a radius of 3-4 kilometers in the Srinagar

City and as per the approval of State Higher Education Council (SHEC)/

Project Approval Board (PAB), five schools with eleven PG

Departments are to be established.

To supplement the existing infrastructure of these identified

colleges, additional infrastructure is being created to cater to the

requirement of these two universities. An amount of Rs. 110.00 crore

is the total approved allocation for creation of infrastructure for these

two Cluster Universities against which the State Government has to

arrange Rs. 11.00 crore only on account of 10% State share. The State

Government has already consented to bear the recurring expenses for

running these two universities, while conveying approval of State Higher

Education Plan for the remaining three financial years of the

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12th Five Year Plan. With introduction of 10 PG Schools in the two

Cluster Universities, the total intake capacity shall be 1580.

The administrative approval for establishment of the

Cluster University, Srinagar stand accorded vide Govt. Order

dated 16-06-2015 and Govt. Order dated 08-10-2015 for an amount

of Rs. 5394.43 lacs (Rs. 4389.03 lacs and 1005.40 lacs respectively)

for execution through PWD, Kashmir, against an amount of Rs. 365.62

lacs and 500.00 lacs were released to the Chief Engineer, PWD (R&B),

Kashmir vide Govt. Order dated 16-06-2015 and dated 06-08-2015

respectively for creation of the requisite infrastructure for the university.

The construction work of various blocks of the university is in progress.

The administrative approval for establishment of the Cluster

University, Jammu was accorded vide Govt. Order dated 16-06-2015

for an amount of Rs. 549l.73 for execution through the PWD, Jammu.

An amount of Rs. 457.51 lacs and 500.00 lacs were released to

the Chief Engineer, PWD (R&B), Jammu vide Govt. Order

dated 16-06-2015 and dated 06-08-2015 respectively for creation of

requisite infrastructure for the university. The construction work of

various blocks of the university is in progress.

To begin with, the department intends to achieve a

Student : Teacher ratio of 20:1 ; and accordingly, there is a requirement

to create 156 teaching Faculty positions for both the Cluster

Universities. However, the department proposes to utilize the existing

52 Teaching Faculty posts, thereby, making the net requirement for

creation of new posts to 104. The department envisions to create 36

number of Faculty positions for making these universities functional from

the financial year 2016-17 for which an amount of Rs. 2.23 crore shall

be required for meeting the salary requirements of these newly created

Faculty positions. Besides, 68 number of Faculty positions shall be

required to be created during the financial year 2017-18 to cater to

the total enrolment of 1465 students of the two universities. This will

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require an additional amount of Rs. 4.21 crore per annum to meet the

salary requirements of the additional Faculty created during the said

year.

Moreover, an amount of Rs. 3.45 crore shall be required during

the financial year 2016-17 for creation of 120 posts of Administrative/

Non-Teaching Staff for running these Cluster Universities. Subsequently,

52 number of posts shall be required to be created during the subsequent

financial years to make the university fully functional. An amount of

Rs. l.58 crore shall annually be required to meet out the salary

requirements of the additional Administrative/Non-Teaching Staff

proposed to be created for these universities.

Overall, an amount of Rs. 5.68 crore shall be required for the

financial year 2016-17 for creation of both teaching and non-teaching

staff for the two Cluster Universities and thereafter, Rs. 1l.47 crore

shall annually be required for the said purpose.

MINISTER FOR EDUCATION.

–––––––

No. 7-1]

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RECOMMENDATION OF THE GOVERNOR

The Governor has in pursuance of sub-sections (1) and (3) of

section 84 of the Constitution of Jammu and Kashmir recommended

to the Jammu and Kashmir Legislative Assembly the introduction and

consideration of the Bill.

(Sd.) M. RAMZAN,

Secretary.

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