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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 15, 14 July 2016

Published 14 July 2016

Gazette no.
15
Identifier
in.gazette.jammuandkashmir.2016-07-14.15
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 .... 166-182 193-202 29-30 209-226 75-78 57-60

Printed at the Government Press, Srinagar.

166 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

Notification

No. 952 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Saira Parveen D/o Mr. Abdul Qayoom R/o Yourtang, Leh (Siachen Guest House) vide Notification No. 529 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 953 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Shafaq D/o Peer Mushtaq Ahmad R/o Doctors Lane, Iqbal Colony, HMT, Zainakote, Srinagar vide Notification No. 520 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 167 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 954 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Syed Tehsin-ul-Haq S/o Syed Zakir Hussain R/o Kalihand, A/P Arnora, Tehsil Doda, District Doda vide Notification No. 517 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 955 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Wajid Nabi Wani S/o Mr. Ghulam Nabi Wani R/o Murran (Ganie Mohalla), District Pulwama vide Notification No. 658 dated 17-10-2014 for a period of one year has been extended till 17-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 956 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Nissar Ahmad Ganie S/o Mr. Habib Ullah Ganie R/o Kamrazi Pora, Pulwama vide Notification No. 816 dated 17-12-2013 for a period of one year has been extended till 17-12-2016 subject to the verification of Certificates/Degrees.

168 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 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. 957 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Tahier Mohamood Aftab S/o Mr. Freed-ul-Rehman R/o Village Shiendara, Mohalla Garan, Tehsil Haveli, District Poonch vide Notification No. 504 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 958 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Sonal Vaid S/o Mr. Jugal Kishore R/o Ward No. 11, Vijaypur, Samba vide Notification No. 342 dated 14-07-2014 for a period of one year has been extended till 14-07-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 169 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 959 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Basharat Majid Khandy S/o Mr. Abdul Majid Khandy R/o Peer Bagh, Green Avenue, Sector-B, H. No. 32, Hyderpora, South, Srinagar vide Notification No. 820 dated 17-12-2013 for a period of one year has been extended till 17-12-2016 subject to the verification of Certificates/ Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 960 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Jigmet Gyatso S/o Mr. Mipham Kunkhyab R/o Nyoma, Kungyam, Leh vide Notification No. 523 dated 06-09-2013 for a period of one year has been extended till 06-09-2016 subject to the verification of Certificates/ Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 961 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Raj Kumar S/o Mr. Narinder Dass R/o Chak Manga, Rukwal, Samba vide Notification No. 890 dated 22-12-2014 for a period of one year has been extended till 22-12-2016 subject to the verification of Certificates/Degrees.

170 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 962 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Imtiyaz Yousuf Kochey S/o Mr. Mohd Yousuf Kochey R/o Banderpora, Kakapora, P/O Gozipora, Kochey Mohalla, Banderpora, Pulwama vide Notification No. 916 dated 23-12-2014 for a period of one year has been extended till 23-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 963 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Yassar Mushtaq S/o Mr. Mushtaq Ahmed R/o Maitra Chandrog, Tehsil and District Ramban, A/P Dalpatian, Peer Mitha, Jammu vide Notification No. 544 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 171 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 964 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Karun Raina S/o Mr. Kulbushan Raina R/o Plot No. 153, Phase-IInd, Housing Colony, Udhampur vide Notification No. 934 dated 23-12-2014 for a period of one year has been extended till 23-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 965 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Sumaya Khaliq D/o Mr. Ab. Khaliq R/o Keller (Khan Mohalla), Shopian vide Notification No. 489 dated 13-10-2014 for a period of one year has been extended till 13-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 966 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Bhumica Sharma D/o Mr. Rakesh Sharma R/o Ward No. 111, House No. 80, Saraswati Nagar, Reasi vide Notification No. 941 dated 23-12-2014 for a period of one year has been extended till 23-12-2016 subject to the verification of Certificates/Degrees.

172 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 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. 967 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Pawan Honda S/o Mr. Mohinder Pal Honda R/o Ward No. 14, House No. 110, Dhar Road, Udhampur vide Notification No. 297 dated 23-05-2014 for a period of one year has been extended till 23-05-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 969 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Yash Pal S/o Mr. M. R. Sharma R/o/P/O Shama Chak, Jammu Tawi vide Notification No. 904 dated 10-01-2014 for a period of one year has been extended till 10-01-2017 subject to the verification of Certificates/ Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 173 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 970 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Balbir Singh S/o Mr. Kamal Singh R/o Supwal, Tehsil Samba, District Samba vide Notification No. 903 dated 23-12-2014 for a period of one year has been extended till 23-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 971 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Kuljit Kour D/o Mr. Gurjit Singh R/o H. No. 81, Sector-6, Modal Town, Digiana, Jammu vide Notification No. 1115 dated 19-03-2014 for a period of one year has been extended till 19-03-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 972 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Bhanu Partap Singh S/o Mr. Bal Raj Singh R/o W. No. 15, Near RMC School, Patel Nagar, Kathua vide Notification No. 279 dated 23-05-2014 for a period of one year has been extended till 23-05-2016 subject to the verification of Certificates/Degrees.

174 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 973 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mohd Farooq S/o Mr. Abdul Rehman R/o Village Kanooyain, Bilal Colony, Poonch vide Notification No. 868 dated 09-01-2014 for a period of one year has been extended till 09-01-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 974 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Ankita Sambyal D/o Mr. Bhagwan Singh Sambyal R/o Mandi Sangwati, Samba vide Notification No. 371 dated 14-07-2014 for a period of one year has been extended till 14-07-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 175 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 975 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Akshi Seth D/o Mr. Ashok Seth R/o Village RPO, Domana Machine, Jammu vide Notification No. 291 dated 23-05-2014 for a period of one year has been extended till 23-05-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 976 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Syed Shafat Hussain S/o Syed Murtza Ali R/o Mirgund, Budgam vide Notification No. 580 dated 20-09-2013 for a period of one year has been extended till 20-09-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 977 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Muzaffar Ahmad Bhat S/o Mr. Gh. Mohammad Bhat R/o Dirhama Mattan, Tehsil Pahalgam, District Anantnag vide Notification No. 576 dated 15-10-2014 for a period of one year has been extended till 15-10-2016 subject to the verification of Certificates/Degrees.

176 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 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. 978 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Itee Sharma D/o Mr. Tripen Sharma R/o Patti, P/O Rahya Vijaypur, Samba vide Notification No. 402 dated 04-09-2013 for a period of one year has been extended till 04-09-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 979 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Waseem Ahmad Bhat S/o Mr. Abdul Rashid Bhat R/o Palnoo, Panditpora, Kulgam vide Notification No. 868 dated 19-12-2014 for a period of one year has been extended till 19-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 177 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 1005 Dated 20-02-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Muzafar Ahmad Dar S/o Mr. Gulam Nabi Dar R/o Chewa Khurad, Pulwama vide Notification No. 1140 dated 23-02-2015 for a period of one year has been extended till 23-02-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

(Sd.) G. M. PARRAY,

Joint Registrar (Admn.).

––––––––

Notification

No. 935 Dated 17-02-2016.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Zaffar Iqbal S/o Mr. Fazal Ahmad R/o Dhamni, 972, JMC, Gujjar Nagar, Jammu vide Notification No. 1372 dated 30-03-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 1066 Dated 16-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Altaf Ahmad Lone S/o Mr. Assad Ullah Lone R/o Fateh Pora, Lone Mohalla, Ganderbal has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the 178 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 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-113/2016 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. 1067 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Parvez Ahmed Malik S/o Mr. Abdul Latif Malik R/o H. No. 5, Lane 15, Tawi Vihar Colony, Sidhra, 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-143/2016 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. 71 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Aadil Saleem Bandh S/o Mr. Mohammad Saleem Bandh R/o Chachkoot, Awantipora, Pulwama vide Notification No. 786 dated 15-11-2011 No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 179 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

for a period of one year has been extended till 14-11-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 72 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Hakim Mudasir Rasool S/o Mr. Gh. Rasool R/o Panzgam, Kandripora, Pulwama vide Notification No. 704 dated 31-12-2012 for a period of one year has been extended till 31-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 73 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mohd Imran Bhat S/o Mr. Mohd Bashir Bhat R/o Ward No. 1, Shiv Nagar, Nowshera, Rajouri vide Notification No. 882 dated 10-01-2014 for a period of one year has been extended till 10-01-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

180 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification

No. 74 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Umar Javeed S/o Mr. Javeed Ahmad Waza R/o Goriwan, Bijbehara, Anantnag vide Notification No. 869 dated 19-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 75 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Amjad Hassan Wani S/o Mr. Ghulam Hassan Wani R/o Baripora, Handwara, Kupwara vide Notification No. 221 dated 24-01-2005 for a period of one year has been extended till 24-01-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 76 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Musaver Ahmad Shah S/o Mr. Mohammad Shahie Jahan Shah R/o Janbazpora, Muslimabad, Baramulla vide Notification No. 510 dated 13-10-2014 for a period of one year has been extended till 03-09-2016 subject to the verification of Certificates/Degrees.

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 181 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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. 77 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Quisar Makeen S/o Mr. Mohd Makeen Bhat R/o Katrasoo Kulgam, A/P Gousiya Colony, Kulgam vide Notification No. 514 dated 13-10-2014 for a period of one year has been extended till 03-09-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 68 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Manzoor Ahmad Wani S/o Mr. Abdul Gani Wani R/o Dhamhal Hanjipora, Kulgam vide Notification No. 1121 dated 21-02-2015 for a period of one year has been extended till 20-02-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

182 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification

No. 69 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Afaq Ali Malik S/o Mr. Ali Mohammad Malik R/o Habbar, Tehsil Khag, District Budgam vide Notification No. 977 dated 13-03-2014 for a period of one year has been extended till 13-02-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 70 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Neeraj Kumar S/o Mr. Joginder Kumar R/o Raipur, Bantalab, Jammu vide Notification No. 897 dated 23-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Srinagar, Thu., the 14th July, 2016/23rd Asad., 1938. [No. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 12-Rev (LAK) of 2016

Dated 15-02-2016.

Whereas, the land, specifications whereof are given in Annexure "A" to this notification is required for public purposes i. e. for construction of Slip Roads and Loops for smooth flow of traffic at the intersection in Estate Lasjan, Tehsil South (NHA1 By-Pass), Phase-II, District Srinagar ; and

Whereas, vide Notification No. 22-RD of 2013 dated 20-06-2013, declaration under sections 6&7 and notification under section 17 of the Land Acquisition Act was issued for land measuring 293 Kanals 17 Marlas and 04 Sirsai in Estate Lasjan, Tehsil (South), Srinagar for construction of Slip Roads and Loops for smooth flow of traffic ; and 194 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, due to non-deposit of requisite funds by the Indenting Department with the concerned Collector, 80% compensation could not be made to the rightful claimants under section 17-A of the Land Acquisition Act, and possession was not taken over within the stipulated period, with the result the proceedings initiated earlier lapsed ; and

Whereas, having the earlier acquisition proceedings lapsed, a fresh indent was received from Project Director, NHA1 vide his No. PD/SGR/ 14011/01/2014/LA-Sgr/16 dated 06-08-2015 for acquisition of the said land, based upon which the Collector, Land Acquisition, PW (R&B), Srinagar, issued a fresh notification under section 4(1) of the Land Acquisition Act, Svt. 1990 vide No. LA-Coll/PWD/457-72 dated 19-09-2015 for land measuring 293 Kanals 17 Marlas and 270 Sqft., in Estate Lasjan, Tehsil (South), Srinagar, District Srinagar for the aforementioned purpose ; and

Whereas, the Project Director, NHA1 vide his No. PD/SGR/1411/01/ LA-Sgr/19 dated 26-10-2015 communicated that minor modifications had taken place as per the revised site plan and demarcation on ground. Accordingly, a revised Shajra Khasra for construction of the above- mentioned road was prepared and authenticated by the Indenting Department in pursuance to which, a fresh notification under section 4(1) of the Land Acquisition Act was issued by the Collector, Land Acquisition (PWD), Srinagar vide No. LA/Coll/PWD/588-98 dated 30-10-2015 for land measuring 295 Kanals 14 Sqft., instead of 293 Kanals 17 Marlas and 270 Sqft. notified earlier in Village Lasjan, Tehsil South (NHA1 By-Pass), Phase-II, District Srinagar ; and

Whereas, the Collector, Land Acquisition, PW (R&B), Srinagar vide No. LA-Coll/PWD/688-98 dated 21-11-2015 reported that some objections were received from the land owners/interested persons which mainly pertains to providing compensation as per the market value of the land, exempted of land, while few land owners sought land in lieu of land, besides rehabilitation ; and

Whereas, the case was placed before the Private Negotiation Committee on 10-11-2015 but the land owners/interested persons who appeared before the District Private Negotiation Committee demanded a rate as high as Rs. 90.00 lac per Kanal or land in lieu of the land under acquisition. One of the land owner namely Ravish Trehan S/o Payre Lal Saraf and Vippen Trehan W/o Ravish Trehan (Trehan Automotives Pvt. Ltd.) was not ready to part with the land, resultantly, the Private Negotiations failed as no consensus could be reached ; and No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 195 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, on account of Private Negotiations having been failed, the Collector, Land Acquisition, PW (R&B), Srinagar decided to process the case under compulsory mode of acquisition ; and

Whereas, the report furnished by Collector, Land Acquisition, PW (R&B), Srinagar vide referred to above, duly endorsed by Deputy Commissioner, Srinagar vide No. DCS/LAS/1234/603-06 dated 21-11-2015, Divisional Commissioner, Kashmir vide No. Div. Com./LAS/Acq/2498/1436 dated 02-12-2015 and Financial Commissioner (Revenue), J&K vide his No. FC-LS/LA-4431/2015 dated 12-01-2016, has been examined and it has been found that all the demands of the interested persons cannot acceded to being not tenable, as there is no alternate land available for giving in exchange nor can the land under acquisition be spared in view of its strategic location and the urgency involved in the larger interest of the public, smooth flow of traffic and to avoid inconvenience caused to the public/commuters due to heavy traffic load at intersection Lasjan. However, compensation of the land shall be paid to the rightful claimants in accordance with the provisions of the Land Acquisition Act and the rules thereunder ; and

Whereas, after considering the reports furnished by the Collector, Land Acquisition, PW (R&B), Srinagar duly endorsed by Divisional Commissioner, Kashmir and Financial Commissioner (Revenue), J&K, the Government is satisfied that the land particulars whereof are mentioned- above is required for public purposes and there is no alternative but to acquire the said land for construction of Slip Roads and Loops for smooth flow of traffic at the intersection Lasjan, Tehsil South (NHA1 By-Pass), Phase-II, District Srinagar.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 295 Kanals 14 Sqft. in Estate Lasjan, Tehsil South (NHA1 By-Pass), Phase-II, District Srinagar, specification whereof are given in Annexure "A" to this notification is required for public purposes viz. construction of Slip Roads and Loops for smooth flow of traffic at the intersection in Estate Lasjan. Further, the Collector, Land Acquisition, PWD, Srinagar is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules thereunder.

Since, there is urgency involved in the matter, in pursuance of section 17 of the J&K State Land Acquisition Act, Samvat 1990 it is ordered 196 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––– that on expiry of fifteen days from the date of publication of notification under section 9(2) of the said Act, the Collector, Land Acquisition, PW (R&B), Srinagar, will take possession of the aforementioned land situated in Estate Lasjan, Tehsil South (NHA1 By-Pass), Phase-II, District Srinagar required for public purposes, subject to the fulfilment of conditions prescribed under section 9(2) and section 17-A of the J&K State Land Acquisition Act and Rule 63 of the J&K Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for proper title verification of all types of land involved in the case, identification and apportionment of compensation, in respect of all interested persons/ rightful claimants in accordance with the relevant laws/rules in force, while making the award.

By order of the Government of Jammu and Kashmir.

(Sd.) MUHAMMAD AFZAL, IAS,

Secretary to the Government, Revenue Department.

–––––––

Annexure "A" to Notification No. 12-Rev(LAK) of 2016

Dated 15-02-2016.

District Tehsil Village Kh. Nos. Area involved ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft. Srinagar Pantha- Lasjan 253 min 03–10–000

chowk

288 00–14–000

289 02–06–000

293 min 18–13–000

294 00–08–000

295 00–16–000 No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 197 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft.

296 00–13–000

297 02–02–000

296 00–13–000

298 02–03–000

299 01–01–000

300 01–12–000

301 00–12–000

302 02–04–000

303 00–12–000

304 05–02–000

305 04–16–000

306 min 02–13–000

307 00–03–090

308 min 01–00–000

289 02–06–000

293 min 18–13–000

294 00–08–000

295 00–16–000

296 00–13–000 198 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft.

297 02–02–000

296 00–13–000

298 02–03–000

299 01–01–000

300 01–12–000

301 00–12–000

302 00–04–000

303 00–12–000

304 05–02–000

305 04–16–000

306 min 02–13–000

307 00–03–000

308 min 01–00–000

309 min 00–18–000

642 06–19–000

643 00–05–000

644 09–00–000

645 12–01–000

646 03–00–000

647 12–02–000

648 11–00–000 No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 199 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft.

649 04–19–000

650 03–15–000

651 00–13–000

652 min 00–00–136

653 01–02–000

654 01–08–000

655 01–10–000

656 08–01–000

657 00–14–000

658 14–16–000

659 00–19–000

660 03–10–000

661 00–13–000

662 min 01–12–000

695 00–02–600

700 00–04–000

310 01–02–000

311 01–05–000

312 01–19–000

313 01–18–000

314 16–04–000 200 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft.

315 min 02–10–000

316 min 00–06–000

317 02–06–000

318 07–04–000

319 04–03–000

1069 00–01–000

627 02–08–000

628 05–12–000

1059 01–00–000

1061 00–06–000

1057 00–08–000

1058 00–04–000

1634 01–02–000

629 06–10–000

630 09–14–000

631 04–09–000

632 04–00–000

633 01–12–000

634 01–09–000

635 07–05–000

636 00–12–000

637 00–12–000 No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 201 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft.

638 00–12–000

639 02–13–000

640 02–00–000

641 09–02–000

700/1 00–06–000

701 07–08–000

702 00–05–000

703 00–08–000

704 00–09–000

1055 00–08–000

1056 00–14–000

1701 00–13–000

1702 01–13–000

287 00–04–000

1052 01–03–000

1054 01–18–000

1703 04–00–000

1704 00–01–000

1643 00–05–000 202 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. Sft.

1066 00–08–000

1049 02–17–000

1638 01–07–000

1644 02–10–000

241 00–08–000

240 00–01–000

1050 09–09–000

1051 06–14–000

1636 00–01–000

1060 00–05–000 –––––––– Total 295–00–140 –––––––– THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Srinagar, Thu., the 14th July, 2016/23rd Asad., 1938. [ No. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In pursuance of Government Order No. 365-GAD of 2016 dated 11-04-2016, we the undersigned handover/takeover the charge of the Office of Commissioner, Commercial Taxes, J&K today on 12th of April, 2016 A. N.

(Sd.) HILAL AHMED PARRAY, IAS.

Relieved Officer.

(Sd.) VINEETA GUPTA, IAS.

Relieving Officer.

––––––––

30 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Thu., the 14th July, 2016/23rd Asad., 1938. [No. 15

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

PART II––B

Notifications, Notices and Orders by Heads of Departments.

_______

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY COMMISSIONER, UDHAMPUR.

Notification under sections 6&7 of Jammu and Kashmir Land Acquisition Act, 1990 BK.

–––––––

Whereas, the land whose specifications are given below is required for public purpose namely for construction of road under 210 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

PMGSY "Roun to Sugdhar" in Village Sunthan, Tehsil and District Udhampur ;

Specification of land

District Tehsil Village Khasra Nos. Area

––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M. S.

Udhampur Udhampur Sunthan 40 min 00–19–06

43 min 01–19–05

44 min 00–19–03

64 min 00–03–00 ––––––– Total 04–01–05 –––––––

Whereas, notification as required under sub-section (1) of section 4 of the J&K Land Acquisition Act, 1990 (Svt.) was issued by the Collector, Land Acquisition (Assistant Commissioner, Revenue), Udhampur vide his No. ACRU/SQ/3517-23 dated 21-12-2015. The tentative amount of compensation including Jabrana @ 15% communicated by the concerned Collector, is Rs. 23,91,616/– ;

Whereas, undersigned District Collector (Deputy Commissioner) duly authorized by the Government Revenue Department vide SRO Nos. 235&236 dated 11-08-2009 to exercise the powers under sections 6&7 of J&K Land Acquisition Act, 1990 Svt. is satisfied after considering the report furnished by the Collector, Land Acquisition (Assistant Commissioner, Revenue), Udhampur vide his No. PMGSY/ Udh/2015-16/4351-52 dated 30-01-2016 that the land is required for the public purpose for construction of road under PMGSY from "Roun to Sugdhar" in Village Sunthan, Tehsil and District Udhampur.

Now, therefore, it is declared under section 6 of the Land Acquisition Act that the aforementioned land is needed for public No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 211 –––––––––––––––––––––––––––––––––––––––––––––––———––––––––– purpose. Further, the Collector, Land Acquisition (Assistant Commissioner, Revenue), Udhampur is directed under section 7 of the said Act to take order for acquisition of the land after observing all the rules, norms and standing instructions.

(Sd.) DR. SHAHID IQBAL CHOUDHARY, IAS,

District Collector (Deputy Commissioner).

————

OFFICE OF THE COLLECTOR, LAND ACQUISITION (SDM), BASOHLI.

Notification

In exercise of the power conferred upon me under section 4 of sub-section (1) of the Land Acquisition Act, 1990 (Svt.) I, Gurmukh Singh (KAS), Collector, Land Acquisition, Sub-Divisional Magistrate, Basohli do hereby notify that the land, particulars of which are given below is likely to be needed for public purpose namely for construction of road from Kagrore to Plakh at Village Kagrore, Tehsil Basohli, District Kathua measuring 24 Kanals 07 Marals (The land under Khasra No. 855 min measuring 03 Kanals 17 Marlas and Khasra No. 477 min measuring 04 Kanals 06 Marlas Total 08 Kanals 03 Marlas is being forest land is hereby deleted).

Objection, if any, to the proposed acquisition of the said land shall be received by the undersigned within 15 days from the date of publication of this notification.

Particulars of land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M.

Kathua Basohli Kagrore 963 min 00–13

962 min 00–19

961 min 00–05 212 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M.

959 min 03–06

958 min 01–03

957 min 00–17

761 min 00–05

1767/949 00–19

1760/881 min 00–03

879 min 01–00

878 min 00–13

877 min 00–06

876 min 01–12

874 min 02–10

873 min 00–13

1957/872 min 02–16

1955/871 min 03–07

859 min 00–03

857 min 02–03

817 min 00–14 ––––– Total 24–07 –––––

(Sd.) GURMUKH SINGH (KAS),

Collector, Land Acquisition (Sub-Divisional Magistrate), Basohli.

––––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 213 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

OFFICE OF THE COLLECTOR, LAND ACQUISITION (SDM), BASOHLI.

Notification

In exercise of the powers conferred upon me under section 4 of sub-section (1) of the Land Acquisition Act, 1990 (Svt.) I, Gurmukh Singh (KAS), Collector, Land Acquisition, Sub-Divisional Magistrate, Basohli do hereby notify that the land, particulars of which are given below is likely to be needed for public purpose namely for construction of Alternative Link Road from Kagrore to Plakh at Village Plakh, Tehsil Basohli, District Kathua measuring 32 Kanals 13 Marla. The land under Khasra No.1796/1413 min measuring 14 Kanals 00 Marals being forest land is hereby deleted.

Objection, if any, to the proposed acquisition of the said land shall be received by the undersigned within 15 days from the date of publication of this notification.

Particulars of land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M.

Kathua Basohli Plakh 2230/1497 min 00–13

1495 min 01–01

1496 min 00–12

1492 min 00–08

1486 min 00–01

1487 min 00–03

1490 min 02–13

1489 min 00–17

1458 min 00–12

1452 min 00–08

1435 min 00–01

1436 min 01–14 214 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M.

2244/1438 min 00–06

2245/1438 min 00–07

1437 min 00–11

1428 min 02–01

1427 min 01–11

1426 min 00–19

1425 min 01–13

1424 min 01–03

1423 min 01–06

1422 min 00–11

1421 min 00–07

1420 min 00–12

1419 min 00–06

1418 min 02–00

1416 min 01–17

1414 min 00–04

1415 min 00–11

1411 min 05–13

1412 min 01–00

1797/1413 min 00–12 ––––– Total 32–13 –––––

(Sd.) GURMUKH SINGH (KAS),

Collector, Land Acquisition (Sub-Divisional Magistrate), Basohli.

–––––––

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 215 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

ASSISTANT COMMISSIONER (REVENUE), UDHAMPUR.

Subject :––Notification under section 4 (1) of the Jammu and Kashmir

Land Acquisition Act No. X of 1990 BK.

––––––––

Notification

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

section 4 of the Land Acquisition Act No. X of 1990 BK, I, Rajeev Magotra,

KAS, Collector, Land Acquisition (Assistant Commissioner, Revenue),

Udhampur do hereby notify that the land measuring 14 Kanals 16 Marlas

05 Sarsai particulars of which are given below is likely to be needed for

public purpose namely for construction of road under PMGSY from "Tikri

to Chanas up to Dabbar Baskyani (Block Udhampur) under PMGSY

Phase-VII in Village Mand, Tehsil and District Udhampur.

Objection, if any, to the acquisition of the below mentioned land

will be received by the undersigned within 15 days from the publication of this notification in Government Gazette and publication in the Newspaper.

Specification of land

District Tehsil Village Khasra Area Kind of

Nos. Soil

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

K. M. S.

Udhampur Udhampur Mand 21 00–00–04 G. M. Rasta

22 00–09–00 W. Doem

00–03–00 G. M. Bana ––––––– Total 00–12–00 ––––––– 216 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

   1           2        3       4        5           6
–––––––––––––––––––––––––––––––––––––––––––––––––––––
                                      K.  M.  S.
                               23     02–15–00 G.  M.  Sadak
                               33     00–06–00 W.  Abal
                                      00–02–00 G.  M.  Bana
                                      –––––––
                              Total   00–08–00
                                      –––––––
                               35     00–04–00 W.  Abal
                                      00–01–00 G.  M.  Bana
                                      –––––––
                              Total   00–05–00
                                      –––––––
                               36     00–04–00 G. M. Ashram
                               37     00–02–00 B.  Q.
                               38     00–04–00 W.  Doem
                               39     01–17–00 G.  M.  Sadak
                               98     00–04–00 W.  Abal
                                      00–01–00 G.  M.  Padat
                                      –––––––
                              Total   00–05–00
                                      –––––––
                               102    00–12–00 W.  Abal
                                      00–03–00 G.  M.  Bana
                                      –––––––
                              Total   00–17–00
                                      –––––––
                               103    00–01–00 G.  M.  Rasta
                               104    03–15–00 G.  M.  Rasta

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 217 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

1 2 3 4 5 6

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

K. M. S.

107 00–10–00 W. Abal

00–02–00 G. M. Bana ––––––– Total 00–12–00 –––––––

108 00–02–00 G. M. Rasta

109 01–03–00 Hail

00–02–00 G. M. Bana ––––––– Total 01–05–00 –––––––

116 00–00–01 G. M. Dhari

117 00–18–00 W. Doem

00–05–00 B. Q. ––––––– Total 01–03–00 –––––––

152 00–09–00 G. M. Jar

––––––– G. Total 14–16–05 –––––––

(Sd.) RAJEEV MAGOTRA (KAS),

Collector, Land Acquisition, Assistant Commissioner (Revenue), Udhampur.

–––––––

218 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF OFFICE OF THE DIRECTOR GEN (REGISTRAR STAT SDA COLONY, BEMINA,

Result/Marks Sheet of Final Examination of 46th Batch of Statistical

jj

S. Name of Exam. Paper-I Paper-II No. the Roll (Plan, (Evaluation

candidate No. Formation and Part A) Monitoring) Theory

Max. Min. Marks Max. Min. Marks Marks Marks obtai- Marks Marks obtai-

ned ned

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 6 7 8 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S/Shri/Smt.

Jammu Centre :

 1 Harish  Chander  Suri 301    100     35     45       60     21    44
 2   Richa  Gupta        302    100     35     46       60     21    43
 3 Kewal  Basotra        303    100     35     44       60     21    41
 4  Mohd  Fareed         304    100     35     47       60     21    46
 5 Jai  Kumar  Sharma    305    100     35     44       60     21    43
 6  Gayatri  Devi        306    100     35     50       60     21    47
 7   Kuldeep  Raj        307    100     35     50       60     21    42
 8 Nazir  Hussain        308    100     35     45       60     21    46
 9   Qalam-u-Din         309    100     35     45       60     21    41
10 Pamposh  Talashi      310    100     35     55       60     21    47
11  Deepshika  Amla      311    100     35     45       60     21    42
12  Subash  Chander      312    100     35     46       60     21    38
    Abrol
13  Sulekha  Bhan        313    100     35     52       60     21    47
14   Tashi  Dolma        314    100     35     48       60     21    46

Srinagar Centre :

15  Irshad  Ahmad       315    100     35     45      60     21    44
16  Mushtaq             316    100     35     47      60     21    42
    Ahmad  Khan

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 219 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

JAMMU AND KASHMIR, ERAL, ECONOMICS AND STATISTICS, J&K ISTICAL EXAMINATIONS), SRINAGAR/JANIPUR, JAMMU.

Officer Trainees held at Statistical Training Schools, Jammu/Srinagar

Paper-II Marks Paper-III Part B obtained (Statistics)

(Evl. Report) in Paper-II Practical (Col. 9+12)

 Max.      Min.    Marks                                   Max.       Min.     Marks
Marks     Marks    obtai-                                  Marks     Marks     obtai-
                    ned                                                        ned
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1 0       1 1        1 2              1 3                  1 4       1 5       1 6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 4 0       1 4        2 8              7 2                 1 0 0      3 5       9 5
 4 0       1 4        2 7              7 0                 1 0 0      3 5       8 7
 4 0       1 4        2 9              7 0                 1 0 0      3 5       9 0
 4 0       1 4        2 6              7 2                 1 0 0      3 5       9 5
 4 0       1 4        2 7              7 0                 1 0 0      3 5       8 7
 4 0       1 4        2 8              7 5                 1 0 0      3 5       8 8
 4 0       1 4        2 7              6 9                 1 0 0      3 5       8 7
 4 0       1 4        2 7              7 3                 1 0 0      3 5       8 7
 4 0       1 4        2 6              6 7                 1 0 0      3 5       7 7
 4 0       1 4        2 7              7 4                 1 0 0      3 5       8 2
 4 0       1 4        2 8              7 0                 1 0 0      3 5       9 0
 4 0       1 4        2 8              6 6                 1 0 0      3 5       7 8
 4 0       1 4        2 8              7 5                 1 0 0      3 5       8 5
 4 0       1 4        2 9              7 5                 1 0 0      3 5       8 5
 4 0       1 4        3 5              7 9                 1 0 0      3 5       6 5
 4 0       1 4        3 2              7 4                 1 0 0      3 5       6 5

220 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF OFFICE OF THE DIRECTOR GEN (REGISTRAR STAT SDA COLONY, BEMINA

Result/Marks Sheet of Final Examination of 46th Batch of Statistical

S. Name of Exam. Paper-IV Grace No. the Roll (Computerisation marks, if candidate No. Theory Part A) applicable

Max. Min. Marks Marks Marks obtained

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

1 2 3 17 18 19 20

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

S/Shri/Smt.

Jammu Centre :

 1 Harish  Chander  Suri        301         5 0     1 7 . 5   2 4                –
 2 Richa  Gupta                 302         5 0     1 7 . 5   2 3                –
 3 Kewal  Basotra               303         5 0     1 7 . 5   2 3                –
 4 Mohd  Fareed                 304         5 0     1 7 . 5   2 3                –
 5 Jai  Kumar  Sharma           305         5 0     1 7 . 5   1 8                –
 6 Gayatri  Devi                306         5 0     1 7 . 5   2 6                –
 7 Kuldeep  Raj                 307         5 0     1 7 . 5   2 6                –
 8 Nazir  Hussain               308         5 0     1 7 . 5   2 0                –
 9 Qalam-u-Din                  309         5 0     1 7 . 5   2 2                –
10 Pamposh  Talashi             310         5 0     1 7 . 5   2 5                –
11 Deepshika  Amla              311         5 0     1 7 . 5   2 2                –
12 Subash  Chander              312         5 0     1 7 . 5   2 1                –
    Abrol
13 Sulekha  Bhan                313         5 0     1 7 . 5   2 4                –
14 Tashi  Dolma                 314         5 0     1 7 . 5   2 5                –

Srinagar Centre :

15 Irshad  Ahmad              315         5 0    1 7 . 5   2 1               –
16 Mushtaq  Ahmad             316         5 0    1 7 . 5   1 9               –
    Khan

No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 221 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

JAMMU AND KASHMIR, ERAL, ECONOMICS AND STATISTICS, J&K ISTICAL EXAMINATIONS) SRINAGAR/JANIPUR, JAMMU.

Officer Trainees held at Statistical Training Schools, Jammu/Srinagar

Paper-IV Marks Total Aggegate Remarks

(Computerisation obtained in marks %age of Practical Part-B) Paper-IV obtained total Computerisation marks

(Col. 19+23)

 Max.     Min.     Marks
Marks  Marks       obtained
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
  2 1      2 2        2 3                2 4              2 5           2 6          2 7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
   5 0    1 7 . 5     4 1               6 5              2 7 7        69.25          Pass
   5 0    1 7 . 5     4 1               6 4              2 6 7        66.75          Pass
   5 0    1 7 . 5     4 2               6 5              2 6 9        67.25          Pass
   5 0    1 7 . 5     3 8               6 1              2 7 5        68.75          Pass
   5 0    1 7 . 5     3 0               4 8              2 4 9        62.25          Pass
   5 0    1 7 . 5     4 4               7 0              2 8 3        70.75          Pass
   5 0    1 7 . 5     3 9               6 5              2 7 1        67.75          Pass
   5 0    1 7 . 5     3 4               5 4              2 5 9        64.75          Pass
   5 0    1 7 . 5     3 8               6 0              2 4 9        62.25          Pass
   5 0    1 7 . 5     4 3               6 8              2 7 9        69.75          Pass
   5 0    1 7 . 5     4 4               6 6              2 7 1        67.75          Pass
   5 0    1 7 . 5     4 4               6 5              2 5 5        63.75          Pass
   5 0    1 7 . 5     4 4               6 8              2 8 0        70.00          Pass
   5 0    1 7 . 5     4 5               7 0              2 7 8        69.50          Pass
   5 0    1 7 . 5     2 9               5 0              2 3 9        59.75          Pass
   5 0    1 7 . 5     3 2               5 1              2 3 7        59.25          Pass

222 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF OFFICE OF THE DIRECTOR GEN (REGISTRAR STAT SDA COLONY, BEMINA

Result/Marks Sheet of Final Examination of 46th Batch of Statistical

 S.    Name  of         Exam          Paper-I              Paper-II
No.       the            Roll          (Plan,            (Evaluation
       candidate         No.       Formation  and          Part  A)
                                    Monitoring             Theory
                                Max.   Min.  Marks     Max.  Min.  Marks
                                Marks  Marks  obtai- Marks  Marks  obtai-
                                             ned                  ned
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
  1       2               3       4     5      6       7      8      9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
    S/Shri/Smt.
Srinagar  Centre  :
 17 Mohmmad  Maqbool     317    100     35    44       60     21    38
    Bhat
 18 Farooq  Ahmad  Mir   318    100     35    43       60     21    34
 19 Gulam  Mohi-ud-Din   319    100     35    40       60     21    31
    Ganie
 20 Mohd  Farooq  Sofi   320    100     35    45       60     21    39
 21 Neelofar  Jan        321    100     35    48       60     21    42
 22 Shazia  Nisar  Rizvi 322    100     35    48       60     21    44
 23 Gulzar  Ahmad  Khan  323    100     35    47       60     21    42
 24 Javid  Rasool        324    100     35    48       60     21    39
 25 Ghulam  Mohmmad      325    100     35    48       60     21    36
 26 Suridha  Choudhary   326    100     35    50       60     21    40
 27 Syed  Raees  Ahmad   327    100     35    52       60     21    40
 28 Ghulam  Rasool  Mir  328    100     35    50       60     21    40
 29 Shafeeq Ahmad  Shah  329    100     35    51       60     21    45
 30 Popinder  Singh      330    100     35    51       60     21    28
 31 Farhana Chicken      331    100     35    52       60     21    42

(Private Candidate) No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 223 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

JAMMU AND KASHMIR, ERAL, ECONOMICS AND STATISTICS, J&K ISTICAL EXAMINATIONS) SRINAGAR/JANIPUR JAMMU.

Officer Trainees held at Statistical Training Schools, Jammu/Srinagar

Paper-II Marks Paper-III Part B obtained (Statistics)

(Evl. Report) in Paper-II Practical (Col. 9+12)

 Max.    Min.       Marks                                Max.       Min.     Marks
 Marks Marks        obtai-                               Marks      Marks obtai-
                    ned                                                      ned
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1 0       1 1        1 2              1 3                 1 4       1 5       1 6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 4 0       1 4        2 8              6 6                1 0 0      3 5       7 3
 4 0       1 4        3 8              7 2                1 0 0      3 5       6 0
 4 0       1 4        2 6              5 7                1 0 0      3 5       5 5
 4 0       1 4        3 1              7 0                1 0 0      3 5       5 0
 4 0       1 4        2 8              7 0                1 0 0      3 5       7 0
 4 0       1 4        3 5              7 9                1 0 0      3 5       7 0
 4 0       1 4        3 0              7 2                1 0 0      3 5       6 2
 4 0       1 4        3 6              7 5                1 0 0      3 5       6 5
 4 0       1 4        3 4              7 0                1 0 0      3 5       5 5
 4 0       1 4        2 7              6 7                1 0 0      3 5       5 7
 4 0       1 4        3 2              7 2                1 0 0      3 5       6 0
 4 0       1 4        3 0              7 0                1 0 0      3 5       6 5
 4 0       1 4        3 6              8 1                1 0 0      3 5       6 5
 4 0       1 4        3 2              6 0                1 0 0      3 5       6 0
 4 0       1 4        3 0              7 2                1 0 0      3 5       7 5

224 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF OFFICE OF THE DIRECTOR GEN (REGISTRAR STAT SDA COLONY, BEMINA

Result/Marks Sheet of Final Examination of 46th Batch of Statistical

S. Name of Exam. Paper-IV Grace No. the Roll (Computerisation marks, if candidate No. Theory Part A) applicable

Max. Min. Marks Marks Marks obtained

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

1 2 3 17 18 19 20

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

S/Shri/Smt. Srinagar Centre :

17 Mohmmad Maqbool 317 5 0 1 7 . 5 2 0 –

Bhat

18 Farooq Ahmad Mir 318 5 0 1 7 . 5 2 2 –

19 Gulam Mohi-ud-Din 319 5 0 1 7 . 5 1 8 –

20 Mohd Farooq Sofi 320 5 0 1 7 . 5 2 2 –

21 Neelofar Jan 321 5 0 1 7 . 5 2 4 –

22 Shazia Nisar Rizvi 322 5 0 1 7 . 5 2 3 –

23 Gulzar Ahmad Khan 323 5 0 1 7 . 5 2 1 –

24 Javid Rasool 324 5 0 1 7 . 5 2 4 –

25 Ghulam Mohmmad 325 5 0 1 7 . 5 17+0.5(17.5) (+0.5)

26 Suridha Choudhary 326 5 0 1 7 . 5 2 7 –

27 Syed Raees Ahmad 327 5 0 1 7 . 5 1 9 –

28 Ghulam Rasool Mir 328 5 0 1 7 . 5 1 8 –

29 Shafeeq Ahmad Shah 329 5 0 1 7 . 5 2 1 –

30 Popinder Singh 330 5 0 1 7 . 5 2 2 –

31 Farhana Chicken 331 5 0 1 7 . 5 2 5 –

(Private Candidate) No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 225 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

JAMMU AND KASHMIR ERAL, ECONOMICS AND STATISTICS, J&K ISTICAL EXAMINATIONS) SRINAGAR/JANIPUR, JAMMU.

Officer Trainees held at Statistical Training Schools, Jammu/Srinagar

Paper-IV Marks Total Aggegate Remarks

(Computerisation obtained in marks %age of Practical Part-B) Paper-IV obtained total Computerisation marks

(Col. 19+23)

 Max.     Min.     Marks
 Marks Marks       obtained
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
  2 1      2 2        2 3                2 4              2 5          2 6           2 7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
  5 0     1 7 . 5     3 3               5 3              2 3 6        59.00          Pass
  5 0     1 7 . 5     2 8               5 0              2 2 5        56.25          Pass
  5 0     1 7 . 5     3 0               4 8              2 0 0        50.00          Pass
  5 0     1 7 . 5     2 6               4 8              2 1 3        53.25          Pass
  5 0     1 7 . 5     3 1               5 5              2 4 3        60.75          Pass
  5 0     1 7 . 5     3 1               5 4              2 5 1        62.75          Pass
  5 0     1 7 . 5     2 6               4 7              2 2 8        57.00          Pass
  5 0     1 7 . 5     3 6               6 0              2 4 8        62.00          Pass
  5 0     1 7 . 5     4 4              6 1 . 5          234.5         58.63          Pass
  5 0     1 7 . 5     3 1               5 8              2 3 2        58.00          Pass
  5 0     1 7 . 5     2 6               4 5              2 2 9        57.25          Pass
  5 0     1 7 . 5     3 1               4 9              2 3 4        58.50          Pass
  5 0     1 7 . 5     4 4               6 5              2 6 2        65.50          Pass
  5 0     1 7 . 5     3 1               5 3              2 2 4        56.00          Pass
  5 0     1 7 . 5     3 6               6 1              2 6 0        65.00          Pass

226 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [ No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

First Three Positions

S. Name of the Exam. Roll Marks Aggregate Position

No. candidate No. Obtd. Percentage –––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Gayatri Devi 306 283 70.75 1st

2. Sulekha Devi 313 280 70.00 2nd

3. Pamposh Talshi 310 279 69.75 3rd

(Sd.) R. A. BANDAY,

Director General, Economics and Statistics, J&K (Registrar Sts. Exams.).

–––––––

Notice

I, Ranjeet Kour W/o S. Charan Singh (Retd. Sgt. IAF) Service No. 295072 R/o Street-16, Sector-7, Nanak Nagar, Jammu want to correct my name which has wrongly been written in Pension Record of my husband as Ranjeet Kaur. My correct name is Ranjeet Kour. Now applying for correction. Objection, if any, may be conveyed to the concerned authorities.

–––––––

Notice

My name has wrongly been written as Raman Chark instead of Raman Charak in my 10th and 12th Class Mark Sheet. Now, I am applying for corrections. Objection, if any, may be conveyed to concerned authourity within 7 days.

RAMAN CHARAK

S/o Sh. Surinder Singh R/o Deoli, Tehsil Bishnah, District Jammu.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Srinagar, Thu., the 14th July, 2016/23rd Asad., 1938. [No. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS––C

––––––

GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF STATE MOTOR GARAGES, J&K, BEMINA BYE- PASS ROAD, SRINAGAR.

Abridged Tender Notice.

For and on behalf of the Governor of J&K State, sealed tenders affixed with revenue stamp worth of Rs. 5/- are invited from original equipment 76 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

manufacturer/authorized dealers and stockist who are eligible to participate in the e-Tendering process for supply of following items to the State Motor Garages Department :—

S. No. NIT Items ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3

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

01. NIT No. 10 Maruti Sx4 Spare Parts

02. NIT No. 11 Batteries

03. NIT No. 12 Ambassador Car Spare Parts

04. NIT No. 13 Bolero Spare Parts

05. NIT No. 14 City Honda Spare Parts

06. NIT No. 15 General Items

07. NIT No. 16 Maruti Ciaz Spare Parts

08. NIT No. 17 Maruti Gypsy Spare Parts

09. NIT No. 18 Maruti Swift Spare Parts

10. NIT No. 19 Maruti Van Spare Parts

11. NIT No. 20 Matting

12. NIT No. 21 Oils and Lubricants No. 15] The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. 77 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1                  2                   3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
 13.        NIT No. 22         Paint Item
 14.        NIT No. 23         Scorpio S4 & S10 Spare Parts
 15.        NIT No. 24         Scorpio SLE, LX, VLX Spare Parts
 16.        NIT No. 25         Seat Cover
 17.        NIT No. 26         Tata Safari Dicor Spare Parts
 18.        NIT No. 27         Tata Safari Strom VXI Spare Parts
 19.        NIT No. 28         Tata Sumo Spare Parts
 20.        NIT No. 29         Cheverlet Tavera  Spare  Parts
 21.        NIT No. 30         Tools and Equipments
 22.        NIT No. 31         Toyota Innova and Fortuner Spare Parts
 23.        NIT No. 32         Tyre and Tubes
 24.        NIT No. 33         Upholstery

A copy of detailed tender notice along with annexures can be had

from www.jktenders.gov.in. The last date for submission of tender/bid through

e-Tendering process shall be 29th of June, 2016 up to 1400 hours. The

submission of hard copy of bid document shall be furnished to the Office of

Director, State Motor Garages Department, Bemina Bye-Pass Road, 78 The J&K Govt. Gazette, 14th July, 2016/23rd Asad., 1938. [No. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Srinagar up to 11-07-2016 at 1700 hours. Besides, technical bid shall be

opened on 14th July, 2016 at 1400 hours in presence of the tenderers who

may like to attend the tender opening proceedings.

(Sd.) MOHAMMAD IQBAL GANAIE,

Accounts Officer, State Motor Garages Department, J&K, Srinagar.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Srinagar, Tue., the 28th June, 2016/7th Asad., 1938. [No. 12-10 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT, SRINAGAR

Under Rule 64 of the Rules of Procedure and Conduct of Business in 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.

————

2 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

THE JAMMU AND KASHMIR CHIT FUNDS

BILL, 2016

[L. A. Bill No. 11 of 2016.]

A Bill to provide for the regulation of chit funds in the State and

for matter connected therewith.

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India as follows :––

CHAPTER I

Preliminary

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

the Jammu and Kashmir Chit Funds Act, 2016.

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

by notification in the Government Gazette appoint.

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

requires,––

(a) "approved bank" means the State Bank of India constituted

under section 3 the State Bank of India Act, 1955 (Central

Act No. 23 of 1955), or a subsidiary bank constituted under

section 3 of the State Bank of India (Subsidiary Banks)

Act, 1959 (Central Act No. 38 of 1959), or a corresponding

new bank constituted under section 3 of the Banking

Companies (Acquisition and Transfer of Undertakings) Act,

1970 (Central Act No. 5 of 1970), or a Regional Rural

Bank established under section 3 of the

Regional Rural Banks Acts, 1976 (Central Act No. 21 of

1976), or a corresponding new bank constituted under No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— section 3 of the Banking Companies (Acquisition and

Transfer of Undertakings) Act, 1980 (40 of 1980), or

a banking company as defined under clause (e) of

section 35 of the Banking Regulation Act, 1949 (10 of 1949)

or such other banking institution as the Government may

in consultation with the Reserve Bank, approve for the

purposes of this Act ;

(b) "chit" means a transaction whether called chit, chit fund,

chitty, kuri or by any other name by or under which a

person enters into an agreement with a specified number

of persons that every one of them shall subscribe a certain

sum of money (or a certain quantity of grain instead) by

way of periodical instalments over a definite period and

that each such subscriber shall, in his turn, as determined

by lot or by auction or by tender or in such other manner

as may be specified in the chit agreement, be entitled to

the prize amount ;

Explanation :–– A transaction is not a chit within the

meaning of this clause, if in such transaction–

–

(i) some alone, but not all, of the subscribers

get the prize amount without any liability

to pay future subscriptions ; or

(ii) all the subscribers get the chit amount by

turns with a liability to pay future

subscriptions ;

(c) "chit agreement" means the document containing the

articles of agreement between the foreman and the

subscribers relating to the chit ;

4 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(d) "chit amount" means the sum total of the subscriptions

payable by all the subscribers for any instalments of a chit

without any deduction of discount or otherwise ;

(e) "chit business" means the business of conducting a

chit ;

(f) "defaulting subscriber" means the subscriber who has

defaulted in the payment of subscriptions due in accordance

with the terms of the chit agreement ;

(g) "discount" means the sum of money or the quantity of grain

which a prized subscriber is, under the terms of the chit

agreement required to forego and which is set apart under

the said agreement to meet the expenses of running

the chit or for distribution among the subscribers or for

both ;

(h) "dividend" means the share of the subscriber in the amount

of discount available under the chit agreement for rateable

distribution among the subscribers at each instalment of the

chit ;

(i) "draw" means the manner specified in the chit agreement

for the purpose of ascertaining the prized subscriber at any

instalment of the chit ;

(j) "foreman" means the person who under the chit agreement

is responsible for the conduct of the chit and includes any

person discharging the functions of the foreman under

section 39 ;

(k) "Government", means the Government of Jammu and

Kashmir ;

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(l) "non-prized subscriber" does not include a defaulting

subscriber ;

(m) "prescribed" means prescribed by rules made under this

Act ;

(n) "prize amount" means the difference between the chit

amount and the discount, and in the case of a fraction of

a ticket means the difference between the chit amount and

the discount proportionate to the fraction of the ticket, and

when the prize amount is payable otherwise than in cash,

the value of the prize amount shall be the value at the

time when it becomes payable ;

(o) "prized subscriber" means a subscriber who has either

received or is entitled to receive the prize amount ;

(p) "Registrar" means the Registrar of Chits appointed under

section 61, and includes an Additional, a Joint, Deputy or

an Assistant Registrar appointed under that section ;

(q) "Reserve Bank" means the Reserve Bank of India

constituted under the Reserve Bank of India Act, 1934

(2 of 1934) ;

(r) "subscriber" includes a person who holds a fraction of a

ticket and also a transferee of a ticket or fraction thereof

by assignment in writing or by operation of law ;

(s) "ticket" means the share of a subscriber in a chit.

3. Act to override other laws, memorandum, articles, etc.––

Save as otherwise expressly provided in this Act,––

(a) the provisions of this Act shall have effect notwithstanding

anything to the contrary contained in any other law for the

time being in force or in the memorandum or articles 6 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— of association or bye-laws or in any agreement or resolution

whether the same be registered, executed or passed, as

the case may be, before or after the commencement of

this Act ; and

(b) any provision contained in the memorandum, articles,

bye-laws agreement or resolution aforesaid, shall, to the

extent to which it is repugnant to the provisions of this

Act, become null or be void, as the case may be.

CHAPTER II

Registration of Chits, Commencement and Conduct of

Chit Business

4. Prohibition of chits not sanctioned or registered under

the Act.––(1) No chit shall be commenced or conducted in the State

without obtaining the previous sanction of the Government or of such

officer as may be empowered by Government in this behalf, and unless

the chit is registered in the State in accordance with the provisions

of this Act :

Provided that a sanction obtained under this sub-section shall lapse

if the chit is not registered within twelve months from the date of such

sanction or within such further period or periods not exceeding six

months in the aggregate as the Government may, on application made

to it in this behalf, allow.

(2) An application for the purpose of obtaining a sanction under

sub-section (1) shall be made by the foreman in such form and in such

manners as may be prescribed.

(3) The previous sanction referred to in sub-section (1) may be

refused, if the foreman,––

(a) had been convicted of any offence under this Act or under

any other Act regulating chit business and sentenced to

imprisonment for an such offence ; or No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (b) had defaulted in the payment of fees or the filing of any

statement or record required to be paid or filed under this

Act or had violated any of the provisions of this Act or

the rules made thereunder ; or

(c) had been convicted of any offence involving moral turpitude

and sentenced to imprisonment for any such offence unless

a period of five years has elapsed since his release :

Provided that before refusing any such sanction, the

foreman shall be given a reasonable opportunity of being

heard.

(4) The order of the Government, and, subject to the provisions

of sub-section (5), the order of the officer empowered under

sub-section (1), issuing or refusing previous sanction under this section

shall be final.

(5) Any person aggrieved by the refusal to issue previous sanction

by any officer empowered under sub-section (1) may appeal to the

Government within thirty days of the date of communication to him

of such refusal and the decision of Government on such appeal shall

be final.

5. Prohibition of invitation for subscription except under

certain conditions.––No person shall issue or cause to be issued any

notice, circular, prospectus, proposal or other document inviting the public

to subscribe for tickets in any chit unless such notice, circular,

prospectus, proposal or document contains a statement that the previous

sanction required under section 4 has been obtained and the particulars

of such sanction.

6. Form of chit agreement.––(1) Every chit agreement shall be

in duplicate and shall be signed by each of the subscribers or by any

persons authorised by him in writing and the foreman and attested by 8 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

at least two witnesses a and it shall contain the following particulars,

namely :––

(a) full name and residential address of every subscriber ;

(b) the number of tickets including the fraction of a ticket held

by each subscriber ;

(c) the number of instalments, the amount payable for each

ticket at every instalments and the interest or penalty, if

any, payable on any default in the payment of such

instalments ;

(d) the probable date of commencement and the duration of

the chit ;

(e) the manner of ascertaining the prized subscriber at each

instalments ;

(f) the maximum amount of discount which the prized

subscriber has to forego at any instalments ;

(g) the mode and proportion in which the discount is

distributable by way of dividend, foreman's commission or

remuneration or expenses for running the chit, as the case

may be ;

(h) the date, time and place at which the chit is to be

drawn ;

(i) the instalments at which the foreman is to get the chit

amount ;

(j) the name of the approved bank in which chit moneys shall

be deposited by the foreman under the foreman under the

provisions of this Act ;

(k) where the foreman is an individual, the manner in which

a chit shall be continued when such individual dies or

becomes of unsound mind or is otherwise incapacitated ;

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(l) the consequences to which a non-prized or prized subscriber

or the foreman shall be liable in case of

violation of any of the provisions of the chit

agreement ;

(m) the conditions under which a subscriber shall be treated

as a defaulting subscriber ;

(n) the nature and particulars of the security to be offered by

the foreman ;

(o) the dates on which and time during which the foreman shall,

subject to the provisions contained in section 44, allow

inspection of chit records to non-prized and unpaid prized

subscribers ;

(p) the names of the nominees of each subscriber, that is to

say, the name of the chit may be paid in the case of the

death of the subscriber or when he is otherwise incapable

of making an agreement ;

(q) any other particulars that may, from time to time, be

prescribed.

Explanation :–– For the purpose of this sub-section, it

shall be sufficient if the signature of each

subscriber is obtained in separate copies of the

agreement.

(2) The duration of a chit shall not extend beyond a period of

five years from the date of its commencement :

Provided that the Government may permit the duration of a chit

up to a period of ten years if it is satisfied that it is necessary so

to do, having regard to,––

(a) the financial condition of the foreman ;

10 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(b) his methods of operation ;

(c) the interests of prospective subscribers ;

(d) the requirements as to security ; and

(e) such other factors as the circumstances of the case may

require.

(3) The amount of discount referred to in clause (f) of

sub-section (1) shall not exceed thirty per cent of the chit amount.

(4) Where the prized subscriber at any instalments of the chit

is required to be determined by auction and more than one person offer

the maximum discount, the prized subscriber shall be determined

by lot.

7. Filing of chit agreement.––(1) Every chit agreement shall be

filed in duplicate by the foreman with Registrar.

(2) The Registrar shall retain one copy of the chit agreement and

return the duplicate to the foreman with an endorsement that the chit

agreement has been registered :

Provided that the Registrar may refuse to register the chit

agreement on anyone or more of the following grounds, namely :––

(a) that the security offered by the foreman under section 20

is insufficient ;

(b) that the foreman had been convicted of any offence under

this Act or under any other Act regulating chit business

and sentenced to imprisonment for any such offence ;

(c) that the foreman had defaulted in the payment of fees or

the filing of any statement or record required to be paid No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

or filed under this Act or had violated any of the provisions

of this Act or the rules made thereunder ;

(d) that the foreman had been convicted of any offence

involving moral turpitude and sentenced to imprisonment for

any such offence unless a period of five years has elapsed

since his release :

Provided further that before refusing to Registrar a chit

under the first proviso, the foreman shall be given a

reasonable opportunity of being heard.

(3) Every endorsement made under sub-section (2) shall be

conclusive evidence that the chit is duly registered under this Act and

the registration of a chit shall lapse if the declaratron by the foreman

under sub-section (1) of section 9 is not filed within three months from

the date of such endorsement or within such further period or periods

not exceeding three months in the aggregate as the Registrar may, on

application made to him in this behalf, allow.

8. Minimum capital requirements for the commencement, etc.

of a chit, and creation of a reserve fund, by a company.––

(1) Notwithstanding anything contained in the Companies Act, 1956,

but subject to the provisions of this Act, a company shall not commence

or carry on chit business unless it has a paid-up capital of not less

than rupees ten lakhs.

(2) Every company having a paid-up capital of less than rupees

ten lakhs and carrying on chit business on the commencement of this

Act, shall, before the expiry of a period of three years from such

commencement, increase its paid-up capital to not less than rupees one

lakh :

Provided that the Government may, if it considers it necessary

in the public interest or for avoiding any hardship, extend the said 12 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

period of three years in respect of any company by such further period

or periods not exceeding two years in the aggregate :

Provided further that no such company shall commence any new

chit the duration of which would extend beyond the said period of three

years or such extended period or periods under the first proviso unless

it increases its paid-up capital to not less than rupees one lakh.

(3) Every company carrying on chit business shall create and

maintain a reserve fund and shall, out of the balance of profit of each

year as disclosed in its profit and loss account and before any dividend

on its shares is declared, transfer to such reserve fund, a sum equal

to not less than ten per cent of such profit.

(4) No company shall appropriate any sum or sums from the

reserve fund except with the prior approval of the Registrar and, for

the purpose of obtaining such approval it shall make an application in

the prescribed form to the Registrar explaining the circumstances relating

to such appropriation.

9. Commencement of chit.––(1) Every foreman shall, after all

the tickets specified in the chit agreement are fully subscribed, file a

declaration to that effect with the Registrar.

(2) As soon as may be after a declaration is filed under

sub-section (1), the Registrar shall, after satisfying himself that all, the

requirements relating to sanction, registration of chit and other matters

have been duly complied with, grant a certificate of commencement

to the foreman.

(3) No foreman shall commence any auction or, the draw of any

chit or appropriate any chit amount unless a certificate of

commencement referred to in sub-section (2) is obtained by him.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

10. Copies of chit agreement to be given to subscribers.––

(1) A foreman shall, as soon as may be after he has obtained the

certificate of commencement under sub-section (2) of section 9, but

not later than the date of the first draw of the chit, furnish to every

subscriber, a copy of the chit agreement certified to be a true copy.

(2) A foreman shall, within fifteen days after the close of the

month in which the draw for the first instalment of the chit is held,

file with the Registrar, a certificate to the effect that the provisions

of sub-section (1) have been complied with.

11. Use of the words "chit" chit fund", "chitty" or "kuri".–

–(1) No person shall carry on chit business unless he uses as part

of his name any of the words "chit", "chit fund" "chitty" or "kuri"

and no person other than a person carrying on chit business shall use

as part of his name any such word.

(2) Where at the commencement of this Act,––

(a) any person carrying on chit business without using as

part of his name any of the words specified in

sub-section (1) ; or

(b) any person not carrying on chit business is using any such

word as part of his name ; he shall, within a period of

one year from such commencement, add as part of his

name any such word or, as the case may be, delete such

words from his name :

Provided that the Government may, if it considers it

necessary in the public interest or for avoiding any hardship,

extend the said period of one year by such further period

or periods not exceeding one year in the aggregate.

14 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

12. Prohibition of transacting business other than chit business

by a company.––(1) Except with the general or special permission of

the Government, no company carrying on chit business shall conduct

any other business.

(2) Where at the commencement of this Act, any company is

carrying on any business in addition to chit business, it shall wind up

such other business before the expiry of a period of three years from

such commencement :

Provided that the Government may, if it considers it necessary

in the public interest or for avoiding any hardship, extend the said

period of three years by such further period or periods not exceeding

two years in the aggregate.

13. Aggregate amount of chits.––(1) No foreman, other than

a firm or other association of individuals or company or co-operative

society, shall commence or conduct chits, the aggregate chit amount

of which at any time exceeds one lakh rupees.

(2) Where the foreman is a firm or other association of individuals,

the aggregate chit amount of the chits conducted by the firm or other

association shall not at any time exceed,––

(a) where the number of partners of the firm or the individuals

constituting the association is not less than four, a sum of

rupees ten lakhs ;

(b) in any other case, a sum calculated on the basis of one

lakh rupees with respect to each such partner or individual.

(3) Where the foreman is a company or co-operative society, the

aggregate chit amount of the chits conducted by it shall not at any

time exceed ten times the net-owned funds of the company or the

co-operative society, as the case may be.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

Explanation :–– For the purpose of this sub-section, "net-owned

funds" shall mean the aggregate of the paid-up capital

and free reserves as disclosed in the last audited

balance sheet of the company or co-operative society,

as reduced by the amount of accumulated balance of

loss deferred revenue, expenditure and other intangible

assets, if any, as disclosed in the said balance sheet.

14. Utilisation of funds.––(1) No person carrying on chit

business shall utilise the moneys collected in respect of such business

other than commission or remuneration payable to such

person or interest or penalty, if any, received

from a defaulting subscriber except for,––

(a) carrying on chit business ; or

(b) giving loans and advances to non-prized subscribers on the

security of subscriptions paid by them ; or

(c) investing in trustee securities within the meaning of section

20 of the Trusts Act (Samvat) 1977 ; or

(d) making deposits with approved banks mentioned in the chit

agreement.

(2) Where any person carrying on chit business has utilised

the moneys collected in respect of such business before the

commencement of this Act, otherwise than for the purposes specified

in sub-section (1), he shall secure that so much of such moneys as

have not been realized before such commencement are realised before

the expiry of a period of three years from such commencement :

Provided that the Government may, if it considers it necessary

in the public interest or for avoiding any hardship, extend the said 16 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

period of three years by such further period or periods not exceeding

one year in the aggregate.

15. Alternation of chit agreement.––A chit agreement shall not

be altered, added to or cancelled except with the consent in writing

of the foreman and all the subscribers to the chit.

16. Date, time and place of conducting chits.––(1) Every draw

in a chit shall be held on the date, at the time and place mentioned

in the chit agreement and notice therefore in such form and in such

manner as may be prescribed shall be issued by the foreman to all

the subscribers.

(2) Every such draw shall be conducted in accordance with the

provisions of the chit agreement and in the presence of not less than

two subscribers.

(3) Where any draw was not conducted on the ground that two

subscribers required to be present at a draw under sub-section (2) were

not present or on any other ground, the Registrar may, on his own

motion or on an application made by the foreman or any of the

subscribers, direct that the draw shall be conducted in his presence

or in the presence of any person deputed by him.

17. Minutes of proceedings.––(1) The minutes of the proceedings

of every draw shall be prepared and entered in a book to be kept

for that purpose immediately after the closure of the draw and shall

be signed by the foreman, the prized subscribers, if present, or their

authorised agents, and at least two other subscribers who are present,

and where a direction has been made under sub-section (3) of

section 16, also by the Registrar or the person deputed by him under

that sub-section.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(2) The minutes referred to in sub-section (1) shall state

clearly,––

(a) the date and hour when proceedings began and ended and

the place where the draw was held ;

(b) the number of the instalments of the chit to which the

proceedings relate ;

(c) the names of the subscribers present ;

(d) the person or persons who become entitled to the prize

amount in the instalment ;

(e) the amount of discount ;

(f) full particulars regarding the disposal of the unpaid prize

amount, if any, in respect of any previous instalments ; and

(g) any other particulars that may be prescribed.

18. Copies of minutes to be filed with Registrar.––A true copy

of the minutes of the proceedings of every draw certified as such by

the foreman shall be filed by the foreman with the Registrar within

twenty-one days from the date of the draw to which it relates.

19. Restriction on opening of new place of business.––(1) No

person carrying on chit business shall open a new place of business

without obtaining the prior approval of the Registrar within whose

territorial jurisdiction his registered office or, as the case may be, the

place or the principal place of business is situated.

(2) Before granting approval under sub-section (1), the Registrar

shall consult the Registrar within whose territorial jurisdiction the new

place of business is proposed to be opened and shall also keep in view 18 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the financial condition and methods of operation of the foreman, the

extent to which public interest will be served by the opening of the

new place of business and such other matters as may be prescribed.

(3) Where a person carrying on chit business opens a new place

of business in a State other than the State (hereinafter referred to as

the State of origin) in which his registered office or the place or the

principal place of his business is situated, the Registrar of the State

in which such new place of business is opened may also exercise and

perform any of the powers and functions which the Registrar of the

State of origin may exercise and perform in respect of the chit business

carried on at such new place of business.

(4) For the purposes of this section, "place of business" shall

include any branch office, sub-office, or any place of business where

the chit business may be conducted by such person.

CHAPTER III

Rights and Duties of Foreman

20. Security to be given by foreman.––(1) For the proper

conduct of the chit, every foreman shall, before applying for a previous

sanction under section 4,––

(a) deposit in an approved bank an amount equal to the chit

amount in the name of the Registrar ; or

(b) transfer Government securities of the face value or market

value (whichever) of not less than one and a half times

the chit amount in favour of the Registrar ; or

(c) transfer in favour the Registrar such other securities, being

securities in which a trustee may invest money under No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

section 20 of the Trusts Act (Samvat 1977) of such value,

as may be prescribed by the Government from time to

time ; Provided that the value of the securities referred

to in Clause (c) shall not in any case, be less than one

and a half times the value of the chit amount.

(2) Where a foreman, conducts more than one chit, he shall

furnish security in accordance with the provisions of sub-section (1)

in respect of each chit.

(3) The Registrar may, at any time during the currency of the

chit, permit the substitution of the security :

Provided that the face value or market value (whichever is less)

of the substituted security shall not be less than the value of security

given by the foreman under sub-section (1).

(4) The security given by the foreman under sub-section (1), or

any security substituted under sub-section (3), shall not be liable to be

attached in execution of a decree or otherwise until the chit

is terminated and the claims of all the subscribers are fully

satisfied.

(5) Where the chit is terminated and the Registrar has satisfied

himself that the claims of all the subscribers have been fully satisfied,

he shall order the release of the security finished by the foreman under

sub-section (1), or the security substituted under sub-section (3), as the

case may be, and in doing so, he shall follow such procedure as may

be prescribed.

(6) Notwithstanding anything to the contrary contained in any other

law for the time being in force, the security furnished under this section

shall not be dealt with by the foreman during the currency of 20 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the chit to which it relates and any dealing by the foreman with respect

thereto by way of transfer or other encumbrances shall be null and

void.

21. Rights of foreman.––(1) The foreman shall be entitled,––

(a) in the absence of any provision in the chit agreement to

the contrary, to obtain the chit amount at the first

instalments without deduction of the discount specified in

the chit agreement, subject to the condition that he shall

subscribe to a ticket in the chit :

Provided that in a case where the foreman has subscribed

to more than one ticket, he shall not be eligible to

obtain more than one chit amount in a chit without

discount ;

(b) to such amount not exceeding five per cent of the chit

amount as may be fixed in the chit agreement, by way

of commission, remuneration or for meeting the expenses

of running the chit ;

(c) to interest and penalty, if any, payable on any default in

the payment of instalments and to such other amounts as

may be payable to him under the provisions of the chit

agreement ;

(d) to receive and realize all subscriptions from the subscribers

and to distribute the prize amounts to the prized amounts

to the prized subscribers ;

(e) to demand sufficient security from any prized subscriber

for the due payment of future subscriptions payable by him.

Explanation :–– A security shall be deemed to be

sufficient for the purpose of this clause if its No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— value exceeds by one-third, or if it consists of

immoveable properties, the value of which

exceeds by one- half, of the

amount due from prized subscriber.

(f) to substitute subscribers in place of defaulting

subscriber ; and

(g) to do all other act that may be necessary for the due and

proper conduct of the chit.

(2) Where any dispute arises with regard to the value of the

property offered as security under clause (e) of sub-section (1), it shall

be referred to the Registrar for arbitration under section 64.

22. Duties of foreman.––(1) The foreman shall, on the prized

subscriber furnishing sufficient security for the due payment of future

subscriptions, be bound to pay him the prize amount :

Provided that the prized subscriber shall be entitled to the payment

of the prize amount without any security whatsoever if he agrees to

the deduction therefrom of the amount of all future subscriptions and

in such a case, the foreman shall pay the prize amount to the

prized subscriber within seven days after the date of the draw or

before the date of the next succeeding instalments, whichever is

earlier :

Provided further that where the prize amount has been paid to

the prized subscriber under the first proviso, the amount deducted shall

be deposited by the foreman in an approved bank mentioned in the

chit agreement and he shall not withdraw the amount so deposited except

for the payment of future subscriptions.

(2) If, owing to the default of the prized subscriber, the prize

amount due in respect of any draw remains unpaid until the date of 22 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the next succeeding instalments, the foreman shall deposit the prize

amount forthwith in a separated account in an approved bank mentioned

in the chit agreement and intimate in writing the fact of such deposit

and the reasons therefore to the prized subscriber and the

Registrar :

Provided that where any prized subscriber does not collect the

prize amount in respect of any instalments of a chit within a period

of two months from the date of the draw, it shall be open to the foreman

to hold another draw in respect of such instalments.

(3) Every payment of the prize amount or the amount of future

subscriptions under sub-section (1), and the deposit of the prize amount

under sub-section (2), shall be intimated to the subscribers at the next

succeeding draw and the particulars of such payment or deposit shall

be entered in the minutes of the proceedings of that draw.

(4) The foreman shall not appropriate to himself any amount in

excess of what he is entitled to under clause (b) or clause (c) of

sub-section (1) of section 21 :

Provided that where the foreman is himself a prized subscriber,

he shall be entitled to appropriated to himself the prize amount subject

to his complying with provisions of section 31:

Provided further that the foreman may appropriate to himself the

interest accruing on the amount deposited under the second proviso to

sub-section (1).

(5) The foreman shall not admit any person as a subscriber to

a chit, if, by such admission, the total number of tickets mentioned in

the chit agreement is increased.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (6) The foreman shall distribute among the subscribers in

accordance with the chit agreement, the dividend either in cash, grain

or by way of adjustment towards the subscriptions payable for the next

instalments, if any.

23. Books, records etc. to be kept by foreman.––The foreman

shall maintain in the registered office, or, as the case may be, in the

place or the principal place of his business, or where the foreman has

any branch office, sub-office or any place of business for the conduct

of chit business in the State :––

(a) a register containing––

(i) the names and full particulars of the subscribers in

each chit together with the number of tickets held

by each subscriber ;

(ii) the dates on which the subscribers signed the chit

agreement ; and

(iii) in the case of an assignment of a ticket by a

subscriber, the name and full address of the assignee

with the date of assignment and the date on which

the assignment had been recognized by the foreman.

(b) a book containing the minutes of the proceedings of each

draw ;

(c) a ledger containing––

(i) the amounts paid to the prized subscribers in each

chit and the dates of such payments ;

(ii) the amounts paid to the prized subscribers and the

dates of such payments ; and 24 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(iii) in the case of any deposit in an approved bank

mentioned in the chit agreement, the date and the

amount of such deposit ;

(d) a register in the prescribed form showing the amounts

deposited in approved banks as required under the

provisions of this Act in respect of all chits conducted by

the foreman at his office ; and

(e) such other registers and books in such form as may be

prescribed by the State Government within whose

jurisdiction the chit is conducted.

24. Balance sheet.––Without prejudice to the provisions of the

Companies Act, 2013 (Act 18 of 2013), every foreman shall prepare

and file with the Registrar within such time as may be prescribed, a

balance sheet as on the last date of each calendar year, or, as the

case may be, the financial year of the foreman and a profit and loss

account relating to the year of account, in the forms set out in

Parts I and II of the Schedule, or as near thereto as circumstances

admit, in respect of the chit business and audited by auditors qualified

to act as auditors under the Companies Act, 2013, or by a chit auditor

appointed under section 61 :

Provided that where a balance sheet is audited by an auditor

qualified to act as auditor under the Companies Act, 2013 a chit auditor

appointed under section 61 shall have the right to audit the balance

sheet at any time if so authorised by the Registrar in this behalf.

25. Liability of foreman to subscribers.––(1) Every foreman

shall be liable to account to the subscribers for the amounts due to

them.

(2) Where there are more than one foreman in a chit, each one

of them jointly and severally and, if the foreman is a firm or other No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

association of individuals, each one of the partners or individuals thereof

jointly and severally and, if the foreman is a company, the company

as such, shall be liable to the subscribers in respect of the obligations

arising out of the chit.

26. Withdrawal of foreman.––(1) No foreman, or where there

are more than one foreman in a chit, none of them shall withdraw

from the chit until its termination unless such withdrawal is assented

to in writing by all the non-prized and unpaid prized subscribers and

a copy of such assent has been filed with the Registrar under section 41.

(2) The withdrawal from a chit of any one of the foreman shall

not effect the security given by him under section 20 or section 31.

CHAPTER IV

Rights and Duties of Non-Prized Subscribers

27. Non-prized subscribers to pay subscriptions and obtain

receipts.––Every non-prized subscriber shall pay his subscription due

in respect of every instalments on the dates and time and at the places

mentioned in the chit agreement and shall, on such payment, be entitled

to obtain a receipt from the foreman.

28. Removal of defaulting subscribers.––(1) A non-prized

subscriber who defaults in paying his subscription in accordance with

the terms of the chit agreement shall be liable to have his name removed

from the list of subscribers and a written notice of such removal shall

be given by the foreman to the defaulting subscriber within fourteen

days of the date of such removal :

Provided that if the defaulter pays the defaulted instalments with

interest at such rate as may be prescribed within seven days of the

date of receipt of such notice, his name shall be re-entered in the list

of such subscribers.

26 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Every such removal under sub-section (1), shall with the date

thereof, be entered in the relevant book maintained by the foreman.

(3) A true copy of the entry referred to in sub-section (2), shall

be filed by the foreman with the Registrar within fourteen days from

the date of removal.

(4) Any defaulting subscriber aggrieved by the removal of his name

from the list of subscribers may, within seven days of the date of receipt

of the notice of removal refer the matter to the Registrar for arbitration

under section 64.

29. Substitution of subscribers.––(1) A foreman may substitute

in the list of subscribers any person (hereinafter in this Chapter referred

to as the substituted subscriber) in place of the defaulting subscriber

whose name has been removed under sub-section (1) of section 28.

(2) Every substitution referred to in sub-section (1) shall, with the

date thereof, be entered in the relevant book maintained by the foreman

and a true copy of every such entry shall be filed by the foreman

with the Registrar within fourteen days from the date of substitution.

30. Amounts due to defaulting subscribers.––(1) A foreman

shall, out of the amounts payable by and realized from the substituted

subscriber towards the instalments relatable to the period before the

date of the substitution (including the arrears due from the defaulting

subscriber), deposit, before the date of the next succeeding instalments,

in a separate identifiable account in an approved bank mentioned in

the chit agreement, an amount equal to the contributions made by the

defaulting subscriber less such deductions as may be provided for in

the chit agreement, and shall inform the defaulting subscriber as well

as the Registrar of the fact of such deposit and shall not withdraw

the amount so deposited except for payment of the defaulting subscriber.

(2) The amount so deposited under sub-section (1) shall be paid

to the defaulting subscriber as and when he claims the amount and No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

the amount so deposited shall not be withdrawn by the foreman for

any purpose other than for such payment.

(3) The contributions of any defaulting subscriber who has not

been substituted till the termination of the chit shall be paid to him within

fifteen days from the date of termination of the chit subject to such

deduction as may be provided for in the chit agreement.

CHAPTER V

Rights and Duties of Prized Subscribers

31. Prized subscriber to furnish security.––Every prized

subscriber shall, if he has not offered to deduct the amount of all future

subscriptions from the prize amount due to him, furnish, and a foreman

shall take, sufficient security for the due payment of all future

subscriptions and, if the foreman is prized subscriber, he shall give

security for the due payment of all the future subscriptions to the

satisfactions of the Registrar.

32. Prized subscriber to pay subscriptions regularly.––

Every prized subscriber shall pay his subscriptions regularly on the dates

and times and at the place mentioned in the chit agreement and, on

his failure to do so, he shall be liable to make a consolidated payment

of all the future subscriptions forthwith.

33. Foreman to demand future subscriptions by written

notice.––(1) A foreman shall not be entitled to claim a consolidated

payment from a defaulting prized subscriber under section 32 unless

he makes a demand to that effect in writing.

(2) Where a dispute is raised under this Act by a foreman for

a consolidated payment of future subscriptions from a defaulting prize 28 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

subscriber and if the subscriber pays to the foreman on or before the

date to which the dispute is posted for hearing the arrears of

subscriptions till that date together with the interest thereon at the rate

provided for in the chit agreement and the cost of adjudication of the

dispute, the Registrar or his nominee hearing the dispute shall, not

withstanding any contract to the contrary, make an order directing the

subscriber to pay to the foreman the future subscriptions on or before

the dates on which they fall due, and that, in case of any default of

such payments, by the subscriber, the foreman shall be at liberty to

realize, in execution of that order, all future subscriptions and interest

together with the costs, if any, less the amount, if any, already paid

by the subscriber in respect thereof :

Provided that if any such dispute is on a promissory note, no order

shall be passed under this sub-section unless such promissory note

expressly states that the amount due under the promissory note is

towards the payment of subscriptions to the chit.

(3) Any person who holds any interest in the property furnished

as security or part thereof, shall be entitled to make the payment under

sub-section (2).

(4) All consolidated payment of future subscriptions realised by

a foreman shall be deposited by him in an approved bank mentioned

in the chit agreement before the date of the succeeding instalments

and the amount so deposited shall not be withdrawn except for payment

of future subscriptions.

(5) Where any property is obtained as security in lieu of the

consolidated payment of future subscriptions, it shall remain as security

for the due payment of future subscription.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

CHAPTER VI

Transfers

34. Restrictions on transfer of rights of foreman.––(1) No

transfer of the rights of a foreman to receive subscriptions from the

prized subscribers shall be made without the previous sanction in writing

of Registrar

(2) Any transfer of the rights of a foreman to receive subscriptions

from the prized subscribers shall, if it is likely to defeat or delay the

interests of a non-prized or unpaid prized subscriber, be voidable at

the instance of such subscriber.

(3) When under sub-section (2), a transfer is disputed by a

subscriber, the burden of providing that the foreman was insolvent

circumstances at the time of the transfer and that the transfer does

not defeat or delay the interests of such subscriber is on the transferee.

35. Transfer of non-prized subscriber's right to be in

writing.––Every transfer by a non-prized subscriber of his rights in the

chit shall be in writing duly attested by at least two witnesses and shall

be filed with the foreman.

36. Recognition of transfer by foreman.––Every transfer under

section 35 shall, within a period of fourteen days from the date of receipt

of the proposal for transfer by the foreman, be recognized by him unless

the transferee is not solvent or the transfer was effected with a view

to defeating the provisions of any law including this Act and the decision

of the foreman to recognize the transfer or not shall forthwith be

communicated to the parties concerned.

37. Entry of transferee's name in the books.––Every transfer

under section 34 or section 35 shall be entered by the foreman in 30 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

the books of the chit forthwith and a true copy of such entry shall

be filed by the foreman with the Registrar within fourteen days from

the date of making such entry.

CHAPTER VII

Meetings of General Body of Subscribers

38. Meetings of general body of subscribers.––(1) The

foreman may, on his own motion, convene a special meeting of the

general body of subscribers for considering any proposal to pass a

special resolution.

(2) The foreman shall convene such a meeting on the requisition

in writing of not less than twenty-five per cent of the number of

non-prized and unpaid prized subscribers, and the meeting so convened

shall be held within thirty days of the date of receipt of the requisition

and if the foreman refuses or fails to call such a meeting within fourteen

days of the date of receipt of such requisition, not less than twenty-

five per cent of the number of non-prized and unpaid prized subscribers

may give notice of the fact to the Registrar.

(3) The Registrar shall, within twenty-one days of the receipt of

the notice under sub-section (2), convene or direct the convening of

a special meeting of the general body of the subscribers and on receipt

of such a direction, it shall be the duty of the foreman to comply with

such direction.

(4) Notice of not less than fourteen days shall be given to all

the subscribers of a meeting under this section specifying the object,

date, hour and place of meeting and a copy of the special resolution

shall also be sent along with the notice of the meeting.

Explanation :––For the purpose of this section and section 39, "Special

resolution" means a resolution which is passed at a No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

meeting of the general body of the subscribers specially

convened for the purpose by a majority of not less than

two-thirds of the subscribers to the chit present at the

meeting in person or by proxy and representing not less

than three-fourths of the amount or, as the case may

be, the value of the grain, subscribed by all non-prized

and unpaid prized subscribers, if any.

CHAPTER VIII

Termination of Chits

39. Provisions for continuation of chits in certain cases.––

(1) Where a foreman dies or becomes of unsound mind or is otherwise

incapacitated, the chit may continue in accordance with the provisions

of the chit agreement

(2) Where a foreman is adjudicated an insolvent, or withdraws

from the chit under section 26, or fails to conduct the chit at any

instalments or on any other date before the next succeeding instalments

as may have been agreed upon by a special resolution, any one or

more of such subscribers authorised by such resolution may, in the

absence of any provision in the chit agreement for the future conduct

of the chit, take the place of the foreman and continue the chit or

make other arrangements for the further conduct the chit.

40. Termination of chits.––A chit shall be deemed to have

terminated,––

(a) when the period specified there for in the chit agreement

has expired provided the payment of dues to all the

subscribers has been completed ; or

(b) when all the non-prized and unpaid prized subscribers and

the foreman consent in writing to the termination of the 32 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

chit and a copy of such consent is filed with the Registrar

as required under section 41 ; or

(c) where a foreman dies or becomes of unsound mind or

is otherwise incapacitated and the chit is not continued in

accordance with the provisions of the chit agreement :

Provided that, in a case where the foreman is a firm, if

a partner thereof dies or becomes of unsound mind or is

otherwise incapacitated, the chit shall not be deemed to

have terminated and the surviving partner or partners shall

conduct the chit in the absence of any provision to the

contrary in the chit agreement.

41. Copy of assent or consent to be filed with Registrar.––

A true copy of every assent referred to in section 26 and of every

consent referred to in clause (b) of section 40 with their dates shall

be filed by the foreman or by the surviving partner or partners, as

the case may be, with the Registrar within fourteen days from the date

of such assent or consent.

42. Refund of non-prized subscriber's subscriptions.––Except

in the cases referred to in clauses (a) and (b) of section 40,––

(a) every non-prized subscriber shall, unless otherwise provided

for in this Act or in the chit agreement, be entitled to get

back his subscriptions at the termination of the

chit without any deduction for dividend, if any, earned by

him :

Provided that, any person to whom the rights of a

non-prized subscriber are transferred in accordance with

the provisions of section 35, shall, in addition to his own

subscription, be entitled to get back the subscriptions paid No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

by such non-prized subscriber, subject to the conditions

specified in this section ;

(b) if a chit terminates on a date earlier than the date originally

fixed in the chit agreement, the non-prized subscriber's

claim shall be deemed to have arisen on the date on which

he has notice thereof.

43. Subscriber's dues to be first charge on chit assets.––

Any amount due to the subscriber from a foreman in relation to the

chit business shall be a first charge on the chit assets.

CHAPTER IX

Inspection of Documents

44. Foreman to allow certain subscribers to inspect chit

records.––Every foreman shall, on payment of such fee not exceeding

five hundred rupees as may be specified in the chit agreement, allow

the non-prized subscribers and unpaid prized subscribers reasonable

facilities on all the dates of draw or on such other dates and within

such hours as may be provided for in the chit agreement, for the

inspection of security bonds and documents, receipts and other records

taken from the prized subscribers, or furnished by the foreman as a

subscriber and all the chit records, including books of accounts, pass-

books, balance sheet and profit and loss accounts and such other records

as may show the actual financial position of the chit.

45. Preservation of chit records by foreman.––All the records

pertaining to a chit shall be kept by the foreman for a period of eight

years from the date of termination of the chit.

46. Inspection of chit books and records by Registrar.––

(1) Without prejudice to the provisions of any law for the time being

in force in the State, the Registrar or an officer authorised by the 34 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Government in this behalf may inspect chit books and all the records

of a chit during working hours on any working day at the premises

of the foreman with or without giving notice and it shall be the duty

of every foreman to produce to the Registrar or the officer so authorised,

all such books and records as are in his custody or power and to furnish

him with any statement or information relating to the chits as he may

require from the foreman within such time as he may specify.

(2) The Registrar or an officer authorised by the Government in

this behalf may, after giving seven days notice in writing to the foreman,

direct him to produce before him for inspection such chit books and

records as he may require at the time and place mentioned in the notice.

(3) If on an inspection made under sub-section (1) or

sub-section (2), any defects are found, the Registrar may bring such

defects to the notice of the foreman and may also make an order

directing the foreman to take such action as may be specified in the

order to remedy the defects within the time specified therein.

(4) Every foreman shall be bound to comply with the directions

contained in an order made under sub-section (3).

47. Power of Reserve Bank to inspect chit books and

records.––(1) Nothing in section 46 shall be deemed to affect the power

of the Reserve Bank to inspect the books and records of any foreman

under the provisions of section 45-N of the Reserve Bank of India

Act, 1934 (Central Act No. 2 of 1934).

(2) The Reserve Bank may, if it considers necessary, forward

a copy of its report or of any part of its report on the inspection of

the books and records of a foreman to the foreman for taking necessary

action.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(3) Every foreman shall, on receipt of the report or part thereof

under sub-section (2), be bound to comply with the directions, if any,

given by the Reserve Bank in this behalf and shall, if so required, submit

periodical reports in regard to the action taken by him.

(4) The Reserve Bank may also forward a copy of the report

on the inspection of the books and records of a foreman to the State

Government within whose jurisdiction the registered office of the

company, if the foreman is a company, or the place or the principal

place of business of the foreman in any other case, is situated for such

action as may be considered necessary.

CHAPTER X

Winding up of Chits

48. Circumstances under which chits may be wound up.––A

chit may be wound up the Registrar within whose territorial jurisdiction

the chit has been registered, either on his own motion or on an application

made by any non-prized or unpaid prized subscriber,––

(a) if the chit has terminated under clause (c) of

section 40 ; or

(b) if the foreman commits any such act in respect of the

security specified in section 20 as is calculated to

impair materially the nature of the security or the value

thereof ; or

(c) if he fails to deposit any amount required to be deposited

under any of the provisions of this Act ; or

(d) if it is proved to the satisfaction of the Registrar that

the foreman is unable to pay the amounts due to the

subscribers ; or

(e) if the execution or other process issued on an order passed

by the Registrar in favour of any subscriber in respect of 36 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

amounts due to him from the foreman in relation to the

chit business is returned unsatisfied in whole or in

part ; or

(f) if it is proved that there has been a fraud or collusion on

the part of the foreman in the matter of taking securities

from any prized subscriber ; or

(g) if the foreman has appropriated the prize amount in his

capacity as a subscriber without furnishing sufficient

security for future subscriptions ; or

(h) if the Registrar is satisfied that the affairs of the chit are

being conducted in a manner prejudicial to the interests of

the subscribers ; or

(i) if it is just and equitable that the chit should be

wound up.

Explanation :––For the purpose of clause (d), in determining whether

the foreman is unable to pay the amount due to the

subscribers, the Registrar shall take into account his

contingent and future liabilities in respect of the chit.

49. Application for winding up.––An application for the winding

up of a chit shall be made by a petition presented by any non-prized

or unpaid prized subscriber to the Registrar signed and verified in the

manner laid down by the Code of Civil Procedure, Samvat 1977, and

shall contain such particulars as may be prescribed :

Provided that no application for the winding up of a chit under

clause (d) or clause (i) of section 48 shall lie unless such application

is presented,––

(a) by non-prized and unpaid prized subscribers representing

not less than twenty-five per cent of the amount or, as No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

the case may be, the value of the grain subscribed by all

the non-prized and unpaid prized subscribers, if any ; or

(b) with the previous sanction of the Government.

Explanation :––For the purposes of clause (a) of the proviso, a

subscriber of a fraction of a ticket shall be deemed

to be a subscriber only to the extent of such fraction.

50. Bar to winding up proceedings.––Notwithstanding anything

contained in section 48 and section 49, no petition for the winding

up of a chit shall be entertained by the Registrar,––

(a) if proceedings relating to insolvency are pending against

the foreman ; or

(b) where the foreman is a firm, is proceedings relating to

insolvency are pending against all the partners or all the

partners except one thereof, or proceedings for the

dissolution of the firm are pending ; or

(c) where the foreman is a company or co-operative society,

if proceedings of the winding-up of such company or

co-operative society are pending.

51. Commencement and effect of winding up order.––An order

for the winding up of a chit shall operated in favour of all the subscribers

to whom amounts are due from the foreman and it shall be deemed

to have commenced from the date of the presentation of the application

for the winding up.

52. Injunction order.––The Registrar may, on the application

of the foreman of any subscriber to whom amounts are due in respect

of a chit, at any time after the presentation of the application for the 38 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

winding up of the chit under this Act and before the making of an

order for the appointment of an interim receiver or for the winding

up of the chit, restrain any other proceedings instituted against the

foreman for the realisation of amounts due from him on such terms

as the Registrar thinks fit.

53. Powers of Registrar.––The Registrar may, after hearing an

application under this Chapter, dismiss it with or without costs, or adjourn

the hearing conditionally or unconditionally or make an interim or any

other order that he deems fit.

54. Vesting of chit assets in Registrar or other person.––On

the making of an order for the winding up of a chit, all the chit assets

pertaining to such chit shall vest in the Registrar or in any person

appointed by him for distribution amongst the subscribers to whom

amounts are due in respect of the chit.

55. Suits, etc. to be stayed, on the making of a winding up

order.––No suit or other legal proceedings shall be continued or

commenced against the foreman by a subscriber for the realization of

amounts due to him in respect of the chit except with the leave of

the Registrar winding up the chit and on such terms as he may impose.

56. Notification of winding up order.––On the making of a

winding up order, the Registrar shall make an entry in his book relating

to the chit and shall notify in the Government Gazette that the order

has been made.

57. Cessation of winding up proceedings on insolvency of

foreman, etc. or the winding up of the company and transfer of

such proceedings.––Where during the pendency of the proceedings

for the winding up of a chit, the foreman is adjudicated an insolvent,

or where the foreman is a firm, all the partners or all the partners

except one thereof are adjudicated insolvents, or where the foreman No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

is a company, the company has been ordered to be wound up by the

Court, the winding up proceeding under this chapter shall cease and

the distribution of the chit assets shall, subject of the provisions of section

43 and section 52, be made by all the insolvency Court or the Court

winding up the company, as the case may be.

58. Award of compensation to foreman.––(1) Where an

application for the winding up of a chit is dismissed and the Registrar

is satisfied that the petition, is frivolous or vexatious, he may, on the

application of the foreman, award against the petitioner such amount,

not exceeding one thousand rupees, as he deems reasonable as

compensation to the foreman for the expenses or injury caused to him

by the presentation of the application and the proceedings thereon, and

such amount may be realised as if the award were a decree of a

Civil Court.

(2) On the making of an award under sub-section (1), no suit

for compensation in respect of an application for any winding up of

the chit shall be entertained.

59. Right to appeal.––The foreman or any subscriber or any

other person aggrieved by a decision or order of the Registrar in any

proceedings for the winding up a chit may, within sixty days from the

date of such decision or order, appeal to the Government.

60. Limitation.––(1) Where an order refusing to wind up a chit

has been made under this Act, the chit shall be deemed to have been

under suspension from the date of presentation of the application to

the date of such order in respect of non-prized subscribers ; and,

notwithstanding anything contained in the chit agreement, no

non-prized subscriber who was not a defaulter on the date of the

presentation of the petition for winding up, shall be deemed to be a

defaulter on the date of such order.

40 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Where an order refusing to wind up a chit has been made

under this Act, in computing a period of limitation prescribed for any

suit or other legal proceedings (other than a suit or application in respect

of which the leave of the count had been obtained) which might have

been brought or instituted, but for the presentation of the application

for the winding up of the chit, the period from the date of the

presentation of the application to the date of the order refusing to wind

up a chit shall be excluded.

(3) Nothing contained in this Chapter shall effect the rights of

a subscriber to proceed against the foreman personally for the balance,

if any, of the amount due to him after the declaration of the final dividend

in the proceedings for the winding up of the chit and in computing

the period of limitation prescribed for any such proceedings, the period

from the date of the presentation of the application for the winding

up the chit to the date of the declaration of the final dividend shall

be excluded.

CHAPTER XI

Appointment of Officers and Levy of Fees

61. Appointment of Registrar and other officers.––(1) State

Government may, by notification in the Government Gazette, appoint

a Registrar of Chits and as many Additional, Joint, Deputy and Assistant

Registrars as may be necessary for the purpose of discharging the duties

imposed upon the Registrar by or under this Act.

(2) The Registrar may appoint as many inspectors of chits and

chit auditors as may be necessary for the purpose of discharging the

duties imposed on the inspectors of chits or chit auditors by or under

this Act.

(3) All inspectors of chits and chit auditors shall discharge the

duties imposed upon them by or under this Act under the general

superintendence and control of the Registrar.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(4) If the Registrar is of opinion that the accounts of any chit

are not properly maintained and that such accounts should be audited,

by a chit auditor.

(5) It shall be the duty of the foreman of the chit whose accounts

are to be audited by a chit auditor under sub-section (4) to produce

before the chit auditor, all accounts, books and other records relating

to the chit, to furnish him with such information as may be required

and afford him all such assistance and facilities as may be necessary

and reasonable with regard to the audit of the accounts of the chit.

(6) The foreman shall pay to the chit auditor such fees as

may be prescribed for the audit of accounts of the chit under

sub-section (4) :

Provided that different scales of fees may be prescribed for

different chits depending on the quantum of the chit amount.

62. Inspection of documents in Registrar's office.––The

foreman of a chit or any subscriber in a chit or the heirs or legal

representatives of any foreman or subscriber may, on payment of such

fees as may be prescribed,––

(a) inspect the documents of the concerned chit kept by the

Registrar ; or

(b) obtain a certified copy or an extract of any such

document on record.

63. Levy of fees.––(1) There shall be paid to the Registrar such

fees as the Government may, from time to time, prescribe for––

(a) the issue of previous sanction under section 4 ;

(b) the filing of the chit agreement of the Registrar and the

registration of the chit under section 7 ;

42 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (c) the filing of a declaration with the Registrar and the grant

of a certificate of commencement under section 9 ;

(d) the filing of copies of documents under any of the provisions

of this Act ;

(e) the audit of the accounts of the foreman under

section 61 ;

(f) the inspection of documents under section 62 ;

(g) the obtaining of certified copies or extracts of documents

and records under section 62 ; and

(h) such other matters as may appear necessary to the

Government.

(2) A table of fees prescribed under sub-section (1) shall be

exhibited on a notice board in the office of the Registrar.

CHAPTER XII

Disputes and Arbitration

64. Disputes relating to chit business.––Notwithstanding

anything contained in any other law for the time being in force, any

dispute touching the management of chit business shall be referred by

any of the parties to the dispute, to the Registrar for arbitration if each

party thereto is one or the other of the following, namely :––

(a) a foreman, a prized subscriber or a non-prized subscriber,

including a defaulting subscriber, past subscriber or a

person claiming through a subscriber, or a deceased

subscriber to a chit ;

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 43 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (b) a surety of a subscriber, past subscriber, or a deceased

subscriber.

Explanation :–– For the purpose of this sub-section, a dispute

touching the management of a chit business

shall include,––

(i) a claim by or against a foreman for any

debt or demand due to him from a

subscriber, or due from him to a

subscriber, past subscriber or the nominee,

heir or legal representative of a deceased

subscriber whether such debt or demand

is admitted or not ;

(ii) a claim by a surety for any sum or demand

due to him from the principal borrower in

respect of a loan by a foreman and

recovered from the surety owing to the

default of the principal borrower, whether

such sum or demand is admitted or

not ; and

(iii) a refusal or failure by a subscriber, past

subscriber or the nominee, heir or legal

representative of a deceased subscriber to

deliver possession to a foreman of land or

any other asset resumed by him for breach

of conditions of the assignment.

(2) Where any question arises as to whether any matter referred

to for the award of the Registrar is a dispute or not for the purpose

of sub-section (1), the same shall be decided by the Registrar whose

decision thereon shall be final.

44 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(3) No Civil Court shall have jurisdiction to entertain any

suit or other proceedings in respect of any dispute referred to in

sub-section (1).

65. Period of limitation.––(1) Notwithstanding anything contained

in the Limitation Act (Samvat) 1995, but subject to the specific provisions

contained in this Act, the period of limitation in the case of dispute

referred to the Registrar under section 64, shall,––

(a) if the dispute relates to the recovery of any sum, including

interest thereon, due to a foreman from a deceased

subscriber, be three years, computed from the date

on which such subscriber dies or ceases to be a

subscriber ; or

(b) if the dispute is between a foreman and a subscriber or

a past subscriber, or the nominee, heir or legal

representative of a deceased subscriber, and the dispute

relates to any act or omission on the part of either party

to the dispute, be three years from the date on which the

act or omission with reference to which the dispute arose,

took place.

(2) The period of limitation in the case of any dispute other

than those referred to in sub-section (1) which are required to be

referred to the Registrar under section 64 shall be regulated by the

provisions of the Limitation Act (Samvat) 1995, as if the dispute were

a suit, and the Registrar, a Civil Court.

(3) Notwithstanding anything contained in sub-sections (1)

and (2), the Registrar may admit a dispute after the expiry of the period

of limitation specified therein if the applicant satisfies the Registrar No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— that he had sufficient cause for not referring the dispute within such

period.

66. Settlement of disputes.––(1) If the Registrar is satisfied that

any matter referred to him or brought to his notice is a dispute within

the meaning of section 64, he shall, subject to such rules as may be

prescribed, settle the dispute himself, or refer it for disposal to a person

appointed by him (hereafter in this Chapter referred to as the nominee).

(2) Where any dispute is referred under sub-section (1) for

settlement of the nominee, the Registrar may, at any time for reasons

to be recorded in writing, withdraw such dispute from the nominee and

may settle the dispute himself, or refer it again for settlement to any

other nominee appointed by him.

67. Procedure for settlement of disputes and powers of

Registrar or nominee.––(1) The Registrar or the nominee hearing a

dispute under section 66, shall, in addition to the powers conferred on

him under that section, have the same powers as are vested in a Civil

Court while trying a suit under the Code of Civil Procedure, Samvat

1977 in respect of the following matters, namely :––

(a) summoning and enforcing the attendance of persons and

examining them on oath ;

(b) requiring the discovery and inspection of documents ;

(c) receiving evidence on affidavit ;

(d) requisitioning any public record or copies thereof from any

Court or Office ;

(e) issuing commissions for the examination of witnesses or

documents ; and

(f) any other matter which may be prescribed.

46 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) Except with the permission of the Registrar or the nominee,

no party shall be represented at the hearing of a dispute by a legal

practitioner.

(3) (a) If the Registrar or the nominee is satisfied that any person,

whether he is a subscriber or not has acquired any interest in the

property of a person who is a party to a dispute, he may order that

the person who has acquired the interest in the property may be joined

as a party to the dispute and any decision that may be given by the

Registrar or the nominee on the dispute shall be binding on the party

so joined, in the same manner as if he were an original party to the

dispute.

(b) Where a dispute has been referred in the name of a wrong

person, or where all the necessary parties have not been included, the

Registrar or the nominee any, if he is satisfied that it was due to a

genuine mistake, or order any other person to be substituted or added

as parties to the dispute at any stage of hearing of the dispute on such

terms as he thinks just.

(c) The Registrar or the nominee may, at any stage of the

proceedings either upon or without the application of either party and

on such terms as may appear to the Registrar or the nominee to be

just, order that the name of any party improperly joined be struck off.

(d) Any person who is a party to the dispute and entitled to more

than one relief in respect of the same cause of action may claim all

or any such relief, but if he omits to claim any such relief, he shall

not be entitled to claim that relief, except with the leave of the Registrar

or the nominee.

68. Attachment before judgment and other interlocutory

orders.––(1) Where a dispute has been referred under section 64 and

the Registrar or the nominee hearing the dispute is satisfied on enquiry No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— or otherwise that a party to such dispute, with intent to defeat or obstruct

the execution of any award or the carrying out of any order that may

be made,––

(a) is about to dispose of the whole or any part of his

property ; or

(b) is about to remove the whole or any part of the property

from the jurisdiction of the Registrar,

he may, unless adequate security is furnished, direct conditional

attachment of the said property, and such attachment shall have the

same effect as if it is made by competent Civil Court.

(2) Where the Registrar or the nominee directs the attachment

of any property under sub-section (1), he shall issue a notice calling

upon the person whose property is so attached to furnish such security

as he thinks adequate within a specified period, and if the person fails

to provide such security, the Registrar or the nominee may confirm

the order, and may, after the decision in the dispute, direct the disposal

of the property so attached towards the claim, if awarded.

(3) Any attachment made under this section shall not effect the

rights, subsisting prior to the attachment of the property, of persons

who are not parties to the dispute, or bar any person holding a decree

against the person whose property is so attached from applying for

the sale of the property under the attachment of such decree.

(4) The Registrar or the nominee may, in order to prevent the

ends of justice being defeated, make such interlocutory order pending

the award in a dispute referred to in sub-section (1) as may appear

to be just and convenient.

69. Decision of Registrar or nominee.––When a dispute is

referred to arbitration under this Chapter, the Registrar or the nominee, 48 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

may after giving a reasonable opportunity to the parties to the dispute

to be heard, make an award on the dispute, on the expenses incurred

by the parties to the dispute in connection with the proceedings and

the fees and expenses payable to the Registrar or the nominee, and

such an award shall not be invalid merely on the ground that it was

made after the expiry of the period, if any, fixed for deciding the dispute

by the Registrar, and shall, subject to appeal under section 70, be final

and binding on the parties to the dispute.

70. Appeal against decision of Registrar or the nominee.––

Any party aggrieved by any order passed by the Registrar or the

nominee or the award of the Registrar or the nominee under

section 69, may, within two months from the date of the order or award,

appeal to the State Government.

71. Money how recovered.––Every order passed by the Registrar

or the nominee under section 68 or section 69 and every order passed

by the Government in appeal under section 70 for the payment of

any money shall, if not carried out,––

(a) on a certificate issued by the Registrar, be deemed to be

a decree of a such Court, and shall be executed in the

same manner as a decree of such Court ; or

(b) be executed in accordance with the provisions of any law

for the time being in force for the recovery of amounts

as arrears of land revenue :

Provided that no application for execution under clause (b)

shall be made after the expiry of three years from the date

fixed in the order, and if no such date is fixed, from the

date of the order.

72. Private transfer of property made after issue of certificate

void against foreman.––Any private transfer or delivery of, or

encumbrance or charge on property made or created after the issue No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

of the certificate by the Registrar under section 71 shall be null and

void against the foreman on whose application the said certificate was

issued.

CHAPTER XIII

Miscellaneous

73. Advisory role of Reserve Bank.––The Reserve Bank may

tender to the Government such advice on questions of policy with respect

to this Act as it thinks fit either on its own motion or on a request

made by the Government.

74. Appeal.––(1) Any foreman aggrieved by the decision of the

Registrar,––

(a) refusing to Registrar the chit agreement under

section 7 ;

(b) refusing to grant a certificate of commencement under

sub-section (2) of section 9 ;

(c) refusing to accept any security under sub-section (1) of

section 20 or under section 31 ; or

(d) refusing to release the security charged under section 20

or section 31,

may, within thirty days of the communication to him of such decision,

appeal to the State Government or to such officer or authority as may

be empowered by notification in the Government Gazette by the

Government in that behalf.

(2) Any foreman or other person aggrieved by the order of the

Registrar under sub-section (1) of section 34 may, within thirty days

of the communication to him of such decision, appeal to the 50 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Govrnment or to such officer or authority as may be empowered

by notification in the Government Gazette by the Government in that

behalf.

(3) The Government or such officer or authority aforesaid may,

after giving the appellant an opportunity of making his representation,

pass such order on the appeal as it or he thinks fit such order shall

be final.

75. Powers of Registrar to give extension of time for filing

documents.––The Registrar may, in his discretion and upon an

application in writing by a foreman made within the period specified

for the filing of documents, under sub-section (3) of section 28,

sub-section (2) of section 29, section 37 or section 41, allow the foreman

further time not exceeding fifteen days to file copies of such documents.

76. Penalties.––(1) Whoever contravenes or abets the contravention

of any of the provisions of sections 4, 5, 8, 9, 11, 12, 13, 14, 19,

20, 22, 24, 30, 31, sub-section (4) of section 33, sections 46, 47 or

sub-section (5) of section 61 shall, on conviction be punishable with

imprisonment for a term which may extend to two years or with fine

which may extend to five thousand rupees or with both.

(2) Any foreman,––

(a) who fails to file any document required to be filed under

this Act within the period specified therefore or within such

further time as may be allowed ; or

(b) who fails to comply with the requirements of the chit

agreement regarding the date, time and place at which the

chit is to be drawn or who fails to comply with the

requirements of any direction given under sub-section (3)

of section 38 ; or No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 51 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(c) who contravenes or fails to comply with any other

requirement under this Act, shall on conviction, be

punishable with fine which may extend to three thousand

rupees.

(4) Whoever wilfully makes a statement in any document required

to be filed under this Act which is false in any material particular shall,

on conviction, be punishable with imprisonment for a term which may

extend to two years or with fine which may extend to five thousand

rupees or with both.

77. Penalty for second and subsequent convictions.––If any

person convicted of an offence under sub-section (1) or

sub-section (3) of section 76 is again convicted of an offence under

any of the said sub-sections he shall be punishable for the second and

for every subsequent offence with imprisonment for a term which may

extend to two years and shall also be liable to fine.

78. Application of fine.––A Court imposing any fine under this

Act may direct that the whole or any part thereof shall be applied

in, or towards payment of, the cost of the proceedings.

79. Offences by companies.––(1) Where an offence under this

Act has been committed by a company, every person who, at the time

the offence, was committed was incharge of, and was responsible to,

the company, for the conduct of the business of the company, as well

as the company, shall be deemed to be guilty of the offence and shall

be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render

any such person liable to any punishment provided in this Act, if he

proves that the offence was committed without his knowledge or that

he exercised all due diligence to prevent the commission of such offence.

52 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Notwithstanding anything contained in sub-section (1), where

an offence under this Act has been committed with the consent or

connivance of, or is attributable to, any neglect on the part of, any

director, manager, secretary or other officer shall also be deemed to

be guilty of that offence and shall be liable to be proceeded against

and punished accordingly.

Explanation :––For the purposes of this section,––

(a) "company" means anybody corporate and includes a firm

or other association of individuals ; and

(b) "director" in relation to a firm means a partner in the firm.

80. Cognizance of offences.––(1) All offences under the

Act shall be cognizable.

(2) No Court inferior to that of a Judicial Magistrate of the

1st Class shall try an offence punishable under this Act.

81. Power to compound offences.––(1) Subject to such conditions

as may be prescribed, any officer empowered by the Government in

this behalf may, either before or after the institution of criminal

proceedings under this Act, accept from the person who has committed

or is reasonably suspected to have committed an offence under this

Act, by way of composition of such offence, a sum of money not

exceeding such amount as may be prescribed.

(2) Where an offence has been compounded under

sub-section (1) the offender, if in custody, shall be discharged and no

further proceedings shall be taken against him in respect of such offence.

82. Power to enter and search any place and to seize any

documents.––(1) If the Registrar or any other officer authorised by

him in this behalf has reason to suspect that any person conducts, or

is responsible for the conduct of a chit in any place in contravention No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 53 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

of the provisions of this Act, he may, for reasons to be recorded in

writing and at any reasonable time, enter into and search such place,

and may seize such books, registers, accounts, or documents as may

be necessary.

(2) The Registrar or officer authorised by him in this behalf, may

apply for assistance to an officer incharge of a police station and

take police officers to accompany and assist him in discharging his duties

under sub-sections (1), (3) all searches under sub-section (1) shall be

made in accordance with the provisions of the Code of Criminal

Procedure, Samvat 1989.

83. Officers to be public servants.––The Registrar and all

officers appointed by the Government to perform any function under

this Act shall be deemed to be public servants within the meaning of

section 21 of the Ranbir Penal Code, Samvat 1989.

84. Power to delegate.––The State Government may, by

notification in the Government Gazette, direct that any power

(other than the power to hear appeals or to make rules) exercisable

by it under this Act or the rules made thereunder may be exercised

also by any officer of the State Government subject to such terms and

conditions, if any, as may be specified therein.

85. Act not to apply to certain chits.––Nothing in this Act shall

apply in respect of,––

(a) any chit started before the commencement of this

Act ; or

(b) any chit the amount of which, or where two or more chits

were started or conducted simultaneously by the same

foreman, the aggregate amount of which does not exceed

ten thousand rupees.

54 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

86. Banks not to conduct chit business.––(1) Notwithstanding

anything contained in this Act, no bank shall commence or carry on

chit business after the commencement of this Act, no bank shall

commence or carry on chit business after the commencement of this

Act.

(2) Where a chit had been started by any bank before such

commencement, such chit may be continued after such commencement

until it is completed, and the provisions of the chit agreement and such

laws, if any, as were applicable to it immediately before the

commencement of this Act shall apply to such chit.

Explanation :––For the purposes of this section "bank" means an

approved bank or a co-operative bank as defined in

clause (b-ii) of section 2 of the Reserve Bank of India

Act.

87. Power to exempt.––The Government may, in consultation

with the Reserve Bank, by notification in the Government Gazette,

and subject to such conditions as may be specified in the notification,

exempt any person or class of persons or any chit or class of chits

from all or any of the provisions of this Act.

88. Protection of action taken under the Act.––No suit,

prosecution or other legal proceedings shall lie against the Government,

the Registrar or other officer of the Government or of the Reserve

Bank or any of its officers exercising any powers or discharging any

functions under this Act in respect of anything which is in good faith

done or intended to be done in pursuance of this Act or the rules made

thereunder.

89. Power to make rules.––(1) The Government may, by

notification in the Government Gazette, make rules for giving effect

to the provisions of this Act.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 55 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all of the following matters,

namely :––

(a) the form and manner in which an application for obtaining

the previous sanction may be made under sub-section (2)

of section 4 ;

(b) the additional particulars that a chit agreement may contain

under clause (q) of sub-section (1) of section 6 ;

(c) the particulars that may be included in the minutes of the

proceedings of a draw under section 17 ;

(d) the method of valuation by the Registrar in a grain chit

for the purpose of furnishing security under section 20 ;

(e) the procedure that may be followed by the Registrar in

releasing the security furnished by the foreman under

section 20 ;

(f) the registers and books and the form in which such registers

and books may be maintained by the foreman under section

23 ;

(g) the time within which the balance sheet and the profit and

loss account in respect of a chit business shall be filed

under section 24 ;

(h) the rate at which interest shall be payable on the

defaulted instalments by a defaulted subscriber under

section 28 ;

(i) the particulars that may be included in an application for

the winding up of chits under section 49 ;

56 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(j) the procedure to be followed for the winding up of chits

under Chapter X ;

(k) the fees payable under section 63 ;

(l) the auditing of balance sheet and the profit and

loss accounts of chit business and the issue of audit

certificates ;

(m) the form and manner in which a dispute shall be referred

to the Registrar under section 64 ;

(n) the procedure to be followed by the Registrar or his

nominee for settling the disputes referred to him under

section 64 ;

(o) the matters referred to in clause (f) of sub-section (1) of

section 67 ;

(p) the conditions subject to which and the amount on the

payment of which composition of offences may be made

under section 81 ;

(q) the form and manner in which an appeal may be preferred

under this Act and the fees payable for such appeal ;

(r) the issue and service of notices or other process under

this Act ;

(s) the procedure for, and the manner of, receiving any sum

payable under this Act ;

(t) any other matter which is required to be or may be

prescribed.

(3) Every rule made under this section shall be laid, as soon as

may be after it is made, before each House of the State Legislature.

––––––

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

THE SCHEDULE

(See Section 24)

Part I-Form of Balance Sheet ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Liabilities Assets

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Capital Rs. 1. Cash Rs.

Authorised Rs.

Issued Rs. 2. Balance with

Banks

Paid-up Rs. (a) Current

Account Rs.

(b) Deposit

Account Rs. Rs.

2. Reserve Fund Rs.

3. Deposits Rs. 3. Investments

(a) In chits Rs.

4. Borrowings Rs. (b) In Government

securities Rs.

5. Foreman's liability Rs. (c) Others Rs. Rs.

in tickets prized

6. Prize amount Rs. 4. Share amount

payable due from prized

subscribers

7. Defaulted subscriber's Rs. (a) Secured Rs.

amount payable (b) unsecured Rs. Rs.

8. Advance subscri- 5. Arrears due from

ption received Rs. prized subscriber

(a) Secured Rs.

9. Liability to (b) Unsecured Rs. Rs.

non-prized

subscribers 58 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(Arrears from

non-prized

subscibers to be Rs. 6. Amount due in

indicated)

terminated chits

10. Amount payable in Rs. (a) Secured Rs.

terminated chits (b) Unsecured Rs. Rs.

11. Auction profit

payable to

non-prized Rs. 7. Chit prize amount

subscribers paid ealier Rs.

12. Other liabitities Rs. 8. Loans and Rs.

advances to

subscribers

13. Profit and loss Rs. 9. Litigation expenses Rs.

account 10. Premises Rs.

11. Furntiure and

fixture Rs.

12. Stamps in stock Rs.

13. Other assets Rs.

14. Profit and loss Rs.

account

––––

–––––

Total Rs. Total Rs.

––––

–––––

Total chit amounts of the Particulars to be specified in chits in force, i. e. running respect of amount shown chits.

against 4, 5 and 6

(i) Amounts due from directors or officers of the company or any of them either jointly or severally with any other person ; (ii) Amounts due by companies or firms in which the directors of the company are interested as directors, partners or in the case of private companies, as members.

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

Part II-Form of profits and loss account

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

Expenditure

Income

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. To interest paid on Rs.

deposits, borrowings 1. By foreman's etc.

commission Rs.

2. To salaries, 2. By bonus Rs. allowances, bonus 3. By interest Rs. and provident fund

3. To directors sitting Rs. 4. By indivisible

fees

income in auction proift Rs.

4. To rent, taxes,

insurance, lighting Rs.

5. To law charges Rs. 5. By rent Rs.

6. To postages, Rs. 6. By net profit on

telegrams and sale of investment Rs. stamps

7. To auditor's fees Rs. 7. By other receipts Rs.

8. To filing fees Rs. 8. By loss Rs.

9. To depreciation Rs.

and repairs

10. To stationery,

printing and advertisement Rs.

11. To other

expenditure Rs.

12. To balance of

profit Rs.

––– ––– Total Rs. Total Rs.

––– ––– 60 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

STATEMENT OF OBJECTS AND REASONS

A Conventional Chit is an old indigenous financial institution

involving regular periodical subscriptions by a group of persons. It is

in law, a contract between the subscribers and the foreman which

provides that the subscribers shall subscribe a certain sum by periodical

installments for a definite period. Each subscriber shall, in his turn, as

determined by lot or by auction or in such other agreed manner be

entitled to prize amount. There will be as many prizes as there are

members. As there is a mutuality of interest among the small number

of subscribers to each chit fund, it constitutes a convenient instrument

combining savings and borrowing.

There is a need to regulate the chit fund institutions in the State

so as to prevent such institutions from taking advantage of absence

of any law governing Chit Fund and protecting the interest of depositors.

Hence the Bill.

MINISTER INCHARGE FINANCE.

––––––

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 61 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

MEMORANDUM REGARDING DELEGATED

LEGISLATION

Clause 89 of the Chit Fund Bill confers on the powers upon the

Government to make rules for giving effect to the provisions of the

Act. The said delegation is of normal condition.

MINISTER INCHARGE FINANCE.

––––––

62 The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. [No. 12-10 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

FINANCIAL MEMORANDUM

The proposed Bill provides for a legal framework to regulate

within the State of Jammu and Kashmir the business of chit fund so

as to prevent Chit Fund Institutions from taking advantage of absence

of any law governing the chit funds and protecting the interests of

depositors as such. The Bill does not involve any expenditure out of

consolidated fund of the State.

MINISTER INCHARGE FINANCE.

–––––––

No. 12-10] The J&K Govt. Gazette, 28th June, 2016/7th Asad., 1938. 63 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 14 July 2016. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2016-07-14.15/. Archive identifier in.gazette.jammuandkashmir.2016-07-14.15.