THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 129]
Srinagar, Thu., the 21st July, 2016/30th Asad.., 1938.
[ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART 11-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws, Regulations and Rules passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Government Press, Srinagar.
184-190
203-204
31-32
227-246
79-80
61-64
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.
Notification
No. 1 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Aatish Malmotra S/o Mr. Subash Chander Malmotra R/o House
No. 34, New Plot, 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-178/16 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. 2 Dated 07-04-2016.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Delfi S/o Mr. Jia Lal R/o Ward No. 9, Rajouri C/o Editor,
Rajouri vide Notification No. 404 dated 29-12-2007 for a period of one
year has been extended till 29-12-2016 subject to the verification of
Certificates/Degrees.
184 The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 3 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Ms. Iram Alam D/o Mr. Gulam Mohammad Dar R/o Bar-Bar Shah,
Tehsil Srinagar (Khas), District Srinagar has been admitted and enrolled
as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her provisional/LL.B Degree Certificate and
verification of her character and antecedent from the concerned agency.
Her name has been entered under Serial No. JK-187/16 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. 4 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Gh. Mohi-ud-Din Dar S/o Mr. Gh. Rasool Dar R/o Zewan Payeen,
Lal Ded Colony, Tehsil and District Srinagar has been admitted and enrolled
as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his provisional/LL.B Degree Certificate and
No. 16] The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. 185
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
verification of his character and antecedent from the concerned agency.
His name has been entered under Serial No. JK-214/16 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. 5 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Sourav Bhall S/o Mr. Jagdev Chand R/o H. No. 310, Ward No. 65,
Near Dayal House, Barnai, 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-204/16 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. 6 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Syed Faheem Indrabi S/o Syed Attiq Ullah Indrabi R/o Hee-Pora,
Batagund, Karpin, Tehsil and District Shopian has been admitted and enrolled
186 The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-221/16 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. 7 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Suhail Zahoor Khan S/o Mr. Zahoor Ahmad Khan R/o
Baghat-i-Barzulla, Khan Mohalla, Chanapora, Srinagar has been admitted
and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar
Council provisionally for a period of one year from the date of issuance of
this notification, subject to the verification of his provisional/LL.B
Degree Certificate and verification of his character and antecedent
from the concerned agency. His name has been entered under Serial
No. JK-220/16 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. 8 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Rohit Gupta S/o Mr. Subash Chander Gupta R/o D. C. Colony,
Bhawani Nagar, B-Block Near 16-B (Sucha Singh D. C.), Talab Tillo,
No. 16] The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. 187
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
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-219/16 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. 9 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Ms. Ranjana Kumari D/o Mr. Prem Lal R/o Village Nandpur (Tibba)
Tehsil Bishnah, District Jammu has been admitted and enrolled as an
Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
the verification of her provisional/LL.B Degree Certificate and verification
of her character and antecedent from the concerned agency. Her name
has been entered under Serial No. JK-218/16 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. 10 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Piyush Anand S/o Mr. Joginder Paul Anand R/o 659, Subash Nagar,
188 The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Rehari Colony, 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-217/16 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. 11 Dated 07-04-2016.
It is hereby notified that vide High Court Order dated 06-04-2016
Mr. Pankaj Malhotra S/o Mr. Jagdish Raj R/o Nai Basti (Naryana),
Near Govt. Primary School, Tehsil Khour, District 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-216/16 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Joint Registrar (Admn.).
––––––––
No. 16] The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. 189
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 968 Dated 20-02-2016.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Uday Bhaskar S/o Mr. Raj Kumar Gupta R/o 6, Mohinder Nagar,
Canal Road, Jammu vide Notification No. 849 dated 16-12-2014 for a
period of one year has been extended till 16-12-2016 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.)
G. M. PARRAY,
Joint Registrar (Admn.).
190 The J&K Govt. Gazette, 21st July, 2016/30th Asad, 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 129] Srinagar, Thu., the 21st July, 2016/30th Asad., 1938.
[No. 16
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Appointment of Vice-Chairman, J&K Khadi and Village
Industries Board.
_______
Government Order No. 693-GAD of 2016
Dated 02-07-2016.
In partial modification of the Government Order No. 107-IND
of 2016 dated 16-05-2016 read with the Government Order No. 575-GAD
of 2015 dated 20-04-2015, and in terms of section 4 (1) of the Jammu and
Kashmir Khadi and Village Industries Board Act, 1965, Mr. Mansoor Hussain
Sohrawardy, Former MLA, is appointed as the Member of the J&K Khadi
and Village Industries Board.
Consequent upon his appointment as Member of the Jammu and
Kashmir Khadi and Village Industries Board and in terms of section 4(3) of
the Jammu and Kashmir Khadi and Village Industries Board Act, 1965,
Mr. Mansoor Hussain Sohrawardy, Former MLA, is hereby appointed as
Vice-Chairman of the Jammu and Kashmir Khadi and Village Industries
Board.
It is further ordered that consequent upon this, Mr. Mansoor Hussain
Sohrawardy shall be entitled to the following salary and perks :—
(i)
Salary
Consolidated
amount
of
Rs. 80,000/- per month.
(ii)
Transport
To be provided by the State Motor
Garages for office use.
(iii)
Accommodation
Fully furnished accommodation
to be provided by Estates
Department.
By order of the Government of Jammu and Kashmir.
(Sd.)
GAZZANFER HUSSAIN,
Commissioner/Secretary to the Government.
204
The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938.
[No. 16
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THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 129] Srinagar, Thu., the 21st July, 2016/30th Asad., 1938. [ No. 16
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––A
Orders by Heads of Departments.
CHARGE REPORTS
Subject :–––Assumption of Charge.
––––––
In compliance to Government Order No. 365-GAD of 2016 dated
11-04-2016, I, Munir-ul-Islam hereby assume the charge of Director,
Information, J&K Government today the 30th of April, 2016 ( A. N.).
(Sd.) MUNIR-UL-ISLAM, KAS,
Director, Information.
––––––––
Subject :––Handing over/taking over the charge of the post(s) of
Administrative Secretary, Information, H&P, Civil Aviation and
Estates Departments.
–––––––
In pursuance of Government Order No. 389-GAD of 2016 dated
18-04-2016, we the undersigned hereby handover/takeover the charge of
the post(s) of Administrative Secretary, Information, H&P, Civil Aviation
and Estates Departments today i. e. on April 18, 2016 afternoon.
(Sd.) B. B. VYAS, IAS,
Financial Commissioner,
Planning and Dev. Department.
Relieved Officer.
(Sd.) NAVIN KUMAR CHOUDHARY, IAS,
Principal Secretary to Hon’ble Chief Minister.
Relieving Officer.
32 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
IN THE COURT OF 1ST ADDITIONAL MUNSIFF,
FOREST MAGISTRATE, JAMMU.
Present : Romesh Lal
–––––––
State V/s. Kamlesh Gupta and Ors.
–––––––
FIR No. 160/13, under section 452/323, P/S, Channi.
Order
SPO present for the State. Accused No. 1 produced in custody
from District Jail, Ambphalla, Jammu. Accused No. 2 and 3 remained
absent. From the perusal of the file it reveals that the surety and
personal bonds furnished by the accused No. 2 and 3 stand forfeited
vide Court Order dated 23-01-2016. From the perusal of the file it
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 129] Srinagar, Thu., the 21st July, 2016/30th Asad., 1938. [No. 16
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.
_______
reveals that conduct of the accused No. 2 and 3 are not good and
they are generally avoid to appear before the Court in order to face
the trial and number of times warrants issued against them but still
their presence could not be secured. Accordingly, the proceedings
under section 512 Cr. PC initiated against the accused No. 2 and
3. As there is no immediate prospect of the arrest of the accused
No. 2 and 3 in near future and the trial of the case is delaying for
want of their presence, when one of the accused No. 1 is facing
the trial in custody. In such circumstances Court is satisfied that
proceedings under section 512 Cr. PC is required to be initiated against
the accused No. 2 and 3. Accordingly general warrant of arrest be
issued against the accused No. 2 and 3 through SSP, Jammu. Copy
of warrant be sent to Government Gazette for publication and one
copy be sent to the leading “Daily Newspaper” for its publication
and the copy of the warrant is also placed on the record. The accused
No. 1 facing trial under custody filed an application for making
confession of the offences mentioned in the challan. The accused
provided within an opportunity to rethink before he make confession
in this case. Though the accused was warned of the evil consequences
of the confession. Accordingly, the accused No. 1 is remanded back
to judicial custody at District Jail, Ambphalla, Jammu and the time
to rethink about making of confession is provided to the accused No. 1.
In the meantime, I/c Superintendent, District Jail, Ambphalla,
Jammu is directed to produce the accused No. 1 namely, Kamlesh
Gupta S/o Walia Gupta R/o Sakhwani Bazar, U. P., Maharaj Ganj,
At Present Sector-2, Channi Himmat before this Court on 07-04-2016
for further proceedings.
Warrant 512 Cr. PC issued against Accused No. 2 namely Semab
Ahmed S/o Ahmed Hussain Khan R/o 9-B, Block H, Housing Colony,
Police Quarters, Chhani Himmat, Jammu. Accused No. 2, namely
Rohit Gupta S/o Krishan Lal Gupta R/o Pacca Ghrat, Talab Tillo,
Jammu, At Present Sector 1/286, Chhani Himmat, Jammu.
Announced : 30-03-2016
(Sd.)................................
1st Additional Munsiff,
Forest Magistrate, Jammu.
————
228 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
IN THE COURT OF FOREST MAGISTRATE, JMIC,
JAMMU.
Present : Romesh Lal
–––––––
State
Versus
Khadim Hussain and Ors.
–––––––
FIR No. 73/1998, under section 379 RPC 15/16 Fail, P/S, Bahu Fort.
Order
Sr. P. O. present for the state. Accused No. 1 present.
Accused No. 2 remain absent. Warrant received back unexecuted with
report as usual, that accused No. 2 is not traced at home. From the
perusal of file it reveals that accused No. 2 surety and personal bonds
stand forfeited vide Court Order dated 24th of April, 2015, and till
date the presence of accused No. 2 could not be secured as number
of times non-bailable warrants of arrest has been issued against
accused No. 2 but the accused No. 2 is avoiding the service of
execution of non-bailable warrant of arrest against him and is
absconding from facing the trial before this court. From the facts and
circumstances of the case, it reveals that case is very old one and
the accused No. 1 is suffering due to the absence of accused
No. 2 also, as the trial of the case is stalled for want of accused
No. 2. The court is of the view that there is no immediate prospect
of arrest of the accused in near future. As the accused is absconding
since long. Accordingly, proceedings under section 512 Cr. PC, is
initiated against the accused No. 2 and office is to issue general
warrant of arrest against the accused No. 2 and its one copy
forwarded to Govt. Ranbir Printing Press, Jammu for publishing in
the Gazette, one copy of general warrant of arrest is forwarded to
SSP, Jammu for compliance and one copy to leading newspaper for
publication.
From the perusal of the file it also reveals that the evidence
of the prosecution stands closed on 06-06-2012 and the file kept for
recording the statement of accused under section 342 Cr. PC. Due
to inadvertence the file again on 17-12-2013. Put for evidence of
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 229
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
prosecution, when the prosecution evidence was already stand closed,
this irregularity is cured. Put up the file for recording the statement
of accused No. 1 under section 342 Cr. PC on 20-05-2016.
Announced : 10-05-2016
(Sd.)................................
Forest Magistrate, JMIC,
Jammu.
————
GOVERNMENT OF JAMMU AND KASHMIR,
STATE POLLUTION CONTROL BOARD,
Sheikhul Aalam Campus, Rajbagh, Srinagar.
Order No. 09 of 2016
Dated 23-05-2016.
In exercise of powers conferred by section 6 of the Jammu
and Kashmir Non-biodegradable Material (Management, Handling
and Disposal) Act, 2007, the Prescribed Authority (Jammu and
Kashmir State Pollution Control Board) further amends its Order
No. JKSPCB-33/2012 dated 22-11-2012, as follows :–
After serial number xvi in Order JKSPCB-33/2012 dated
22-11-2012, the following serial numbers and entries shall
be inserted, namely :—
xvii.
Deputy Commissioner, Commercial Taxes, Checkpost,
Lakhanpur.
xviii.
Commercial Taxes Officers, Checkpost, Lower Munda.
Note :–The Principal Order was issued under number JKSPCB
33/2012 dated 22-11-2012, subsequently amended by Order
No. JKSPCB 36/2013 dated 12-04-2013, Order No. 50 of
2015 dated 05-10-2015 and Order No. 71 dated 30-01-2016.
(Sd.) ...........................
Chairman.
–––––––
230 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(SDM), BANI.
Notification No. 3 of 2016
Dated 09-02-2016.
In exercise of the powers conferred upon me under sub-section (1)
of section 4 of the Jammu and Kashmir Land Acquisition Act, 1990
(Svt.) I, Rajesh Kumar Basotra (KAS), Collector, Land Acquisition
(Sub-Divisional Magistrate), Bani do hereby notify that the land,
particulars of which have been given below is likely to be needed
for public purpose namely for the construction of P. W. D. Rest House
at Village Kanthal, Tehsil Bani.
Any objection with regard to acquisition of the land will be
received by the undersigned within fifteen days from the date of
publication of this notification in the Government Gazette.
Particulars of land
District
Tehsil
Village
Kh. Nos.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kathua
Bani
Kanthal
3401/2591
01–00
Total Khasra No.=1, Total Area= 01 Kanal 00 Marla.
(Sd.) R. K. BASOTRA (KAS),
Collector,
Land Acquisition
(Sub-Divisional Magistrate),
Bani.
–––––––
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 231
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE ASSESSING AUTHORITY,
COMMERCIAL TAXES, CIRCLE-1ST, ANANTNAG.
Notification
(Under rule 6 (i) of the CST (J&K) Rules, 1958).
It has been reported by M/s. Sada Bahar Motors, Harnag,
Anantnag, bearing TIN/01942103111/having its registered office at
Harnag, Anantnag that (01) No. of C-form detail of the same is given
below have been lost and the matter stands published in the following
newspapers :–
Name of the Newspaper
Dated
–––––––––––––––––––––––––––––––––
Kashmir Observer
05-06-2016.
Chattan
05-06-2016.
Hence, the below noted C-form is hereby declared as invalid/
obsolete for the purpose of sub-section (4) of section 8 of the CST
Act, 1956. Anybody fraudulently using the said C-form will render
himself liable for penal action as per law. Anybody who find this
form shall please return the same to the undersigned.
No. of
Total
Name and address
Registration
Whether
C-form
No. of
of the dealer
No. of the
stolen
form
dealer lost
or lost
–––––––––––––––––––––––––––––––––––––––––––––––––––––
05V-282395
1
M/s. Sada Bahar
01942103111
Lost
Motors, Harnag,
Anantnag.
(Sd.) .........................
Assessing Authority,
Commercial Taxes,
Circle-1st, Anantnag.
–––––––
232 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION,
ASSISTANT COMMISSIONER (REVENUE), PULWAMA.
Subject:––Notification under section 9 and 9 (a) of the J&K Land
Acquisition Act, Samvat 1990.
––––––––
Notification No. 4 of 2016
Dated 19-01-2016.
Whereas, the land specification of which is given below is required
for public purposes namely for construction of Circular Road from Drusoo
Chatripora Road to Pulwama Shopian Road at Village Bunora, Tehsil and
District Pulwama.
The notification in terms of section 4 (1) of J&K Land
Acquisition Act was issued vide this Office Notification No. 35 of
2015 dated 25-08-2015 for acquisition of land.
Whereas, District Collector (Deputy Commissioner, Pulwama)
has issued declaration under section 6 of the Act vide Notification
No. 03 of 2016 dated 19-01-2016 under endorsement No. DCP/LA-2016/
1004-10/Pul dated 19-01-2016 to this effect that the land is required
for public purpose namely for construction of Circular Road from
Drusoo Chatripora Road to Pulwama Shopian Road at Village Bunora,
Tehsil and District Pulwama.
Subsequently by virtue of the said notification the undersigned within
the preview of section 7 of the Act has taken the orders for the acquisition
of land detailed out below :–
District
Tehsil
Village
Survey
Area
Nos.
involved
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Pulwama
Pulwama
Bonura
52 min
01–02–00
55 min
00–10–06
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 233
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
56 min
00–02–07
57 min
00–06–00
89 min
01–08–08
96 min
00–02–00
–––––––
Total 03–08–04
–––––––
Whereas, the measurement of the land was conducted by
Tehsildar, Pulwama in presence of the official from Indenting
Department.
Now, therefore, in terms of sections 9 and 9 (a) of J&K Land
Acquisition Act, Samvat 1990, notice is hereby given to the interested
persons and the Indenting Department for any claim/objections with
regard to the measurement of title thereof, shall be made to the
undersigned in person or through any other authorised agent within
a period of one week from the date of publication of the instant
notification.
(Sd.) SYED SAJAD QADRI, KAS,
Collector, Land Acquisition,
Assistant Commissioner,
Pulwama.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION,
ASSISTANT COMMISSIONER (REVENUE), KARGIL.
Notice
In exercise of the power conferred by section 4 (1) of the Jammu
and Kashmir Land Acquisition Act, Samvat 1990, I, Kacho Turab Shah,
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
234 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
KAS, Collector, Land Acquisition, Assistant Commissioner, Revenue,
Kargil do hereby notify that the land, particulars of which are given
below is likely to be needed for public purpose namely for the
construction of BEACON Bridge at Village Silmoo.
Objection, if any, of the interested persons or any person with
regard to the acquisition of below mentioned land can be filed in
the office of the undersigned within 15 days of issuance of Notice.
Particulars of land
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kargil
Kargil
Silmoo
1524/136 min
00–08
2189 min
00–05
1524/135 min
00–04
2187 min
00–05
–––––
Total
01–02
–––––
(Sd.) KACHO TURAB SHAH, KAS,
Collector, Land Acquisition
Assistant Commissioner (Revenue),
Kargil.
–––––––
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 235
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
jj
sssssssss
OFFICE OF THE COLLECTOR, LAND ACQUISITION,
POWER GRID CORPORATION OF INDIA LTD.,
NARWAL-II BALA, BY-PASS ROAD, JAMMU.
Subject :–Notification under section 4 (1) of the Land Acquisition
Act, 1990 Samvat as amended up-to-date.
–––––––
In exercise to power conferred upon me under section 4 (1) of
Land Acquisition Act, 1990 Samvat, I, Kamla Devi, KAS, Collector,
Land Acquisition, Power Grid Corporation of India Limited, Jammu,
do hereby notify that the land measuring 05 Kanals 03.5 Marals of
Villages Chamalwas, Devgole, Chanjloo and Thethar of Tehsil Banihal
and District Ramban, particular of which shown below is likely to be
acquired for public purposes namely construction of 400 KV D/C
Kishenpur-New Wanpoh Transmission Line.
District
Tehsil
Village
Location
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban
Banihal
Chamalwas
43/0
1002 min
00–06
1586/1006 min
00–13
1587/1006 min
00–03
Ramban
Banihal
Devgole
58/0
300/1
00–18.5
Ramban
Banihal
Chanjloo
60/0
302
01–15
Ramban
Banihal
Thethar
77/0
695
01–05
695
00–03
––––––
Total
05–03.5
––––––
236 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Any objections to the acquisition of the said land be filed to
the undersigned within 15 days from the date of publication of this
notification. After expiry of the time no objections will be entertained.
(Sd.) KAMLA DEVI (KAS),
Collector,
Land Acquisition
Power Grid Corporation of India,
NR-II, Narwal Bye-Pass, Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER, PULWAMA.
Notification No. 05 of 2016
Dated 02-02-2016.
The Chief Medical Officer, Pulwama has placed an indent vide
No. CMO/Pul/Plg/157/5232-35 dated 28-01-2016 for acquisition of
land for construction of health building at Shar-Shali, Tehsil Pampore,
District Pulwama.
Therefore, in exercise of powers vested in me as Collector, Land
Acquisition under section 4 (1) of J&K Land Acquisition Act, Samvat
1990, I, Syed Sajad Qadri (KAS), (Collector, Land Acquisition),
Assistant Commissioner (Rev.), Pulwama do hereby notify that the
land particulars of which are given below for public purposes namely
for construction of Health Building at Shar-Shali, Tehsil Pampore,
District Pulwama :–
District
Tehsil
Village
Survey
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Pulwama
Pampore
Shar-Shali
1292 min
01–10
Objection, if any, provided under section 5 (A) of J&K Land
Acquisition Act with regard to the land to be required shall reach
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 237
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
to this office within a stipulated period of fifteen days from the date
of issuance of this notification in the Government Gazette/Daily News.
(Sd.) SYED SAJAD QADRI, KAS,
Collector, Land Acquisition,
Assistant Commissioner,
Pulwama.
–––––––
OFFICE OF THE COLLECTOR, LAND ACQUISITION,
NORTHERN RAILWAY (SUB-DIVISIONAL MAGISTRATE),
MAHORE.
Notification
In exercise of powers conferred upon me under section 9&9A of
the Jammu and Kashmir State Acquisition Act, Samvat 1990, I, Subhash
Chander Dogra, KAS, Collector, Land Acquisition, Northern Railway
(Sub-Divisional Magistrate), Mahore do hereby require all the interested
persons i. e. land owners and Indenting Department to appear personally
or through authorized agent/agents to file their objection/objections, if any,
with regard to the measurement and title of compensation of land to be
assessed within 15 days from the date of issuance of this notification. The
land is being acquired for construction of Feeder Road and Helipad at
Village Dhanour, Tehsil Arnas, District Reasi.
Particulars of land
S.
Owner
Tenant
Khasra
Area
No.
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Feede, Road :
K. M.
1.
Shamlat Deh
Janak Singh,
892/444
09–09
Ganga Singh,
in equal shares
Co-sharer
in possession
238 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
of Hans Raj,
Janak Singh,
Lal Singh,
Ganga Singh,
Sher Singh
S/o Badloo
Thakar Nag,
Co-sharer
2.
Shamlat Deh
do.
892/444
01–07
In possession
of Bir Chand
S/o Bailoo
Nadyalla
R/o Deh
3.
do.
Abdul Rashid,
892/444
00–10
Mohd Zaban,
Gayas Din,
Mohd Sadiq
Ss/o Gamma
Kashmiri
in possession
of Gayas Din,
Gamma
4.
do.
Sita Ram
892/444
03–03
S/o Chatroo
Thakar
in possiession
of Sita Ram
S/o Chatroo
Thakar
5.
do.
Gandharab Singh
892/444
02–00
S/o Chatroo
Thakar
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 239
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
6.
State
Ganga Singh
714/390
00–08
S/o Badloo
Thakar Nag
in possiession
of Ganga Singh
S/o Badloo
Thakar Nag
7.
Chuni Lal,
In Self-Cultivation
392
01–16
Makhan Lal,
of Janak Singh,
Prithvi Singh,
Ganga Ram
Sons nine
Co-sharer
shares in equal
in possession of
Mst. Kanta Mst.
Ganga Singh
Sarswati
Co-sharer
Daughters
Mst. Ishri
Wd/o Hari Saran
three shares in
equal out of
96 Kanals
15 Marlas of
Hans Raj, Janak
Singh, Lal Singh,
Ganga Singh,
Sher Singh
S/o Badloo 76
Kanals in equal
shares Jagat Ram
S/o Devia Thakar
Nag R/o Deh
8.
do.
do.
392 min 04–09
In possession of
Lal Singh
Co-sharer
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
240 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
9.
Janak Singh
In self-cultivation
716/391
02–01
S/o Badloo Thakar
R/o Deh
10.
Qasim S/o Aziz Din
In self-cultivation
713/390
00–02
Kashmiri Wani
of Qasim
R/o Deh
Co-sharer through
Abdul Gani Son
in possession of
Shakeel Ahmed
Son of Qasim
Kashmiri
11.
Chuni Lal etc.
In self-cultivation
386
00–16
vide Item
of Janak Singh
No. 07
Co-sharer
in possession of
Janak Singh
Co-sharer
12.
State
Ganga Singh vide
714/390
07–15
Item No. 6.
in possission of
Ganga Singh vide
Item No. 6
13.
do.
do.
712/389
06–11
14.
Qasim vide Item
In self-cultivation
866/389
02–15
No. 10
of Qasim
Co-sharer through
Shakeel Ahmed
Son. in possession
of Shakeel Ahmed
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 241
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
Son Qasim
Co-sharer
01 Kanal
03 Marlas Abdul
Gani S/o Qasim
01 Kanal 13 Marlas
15.
Qasim, Gamma,
Gamma Co-sharer. 870/388
02–08
Abdul Karim
In possession of
Ss/o Aziz Din
Gamma
Kashmiri
Co-sharer
Co-sharer in equal
sharers
––––
Total
45–10
––––
Helipad :
16.
Lal Singh
In self-cultivation.
879/445
05–04
S/o Badloo Thakar
In possession of
Nag R/o Deh vide
Lal Singh
Mutation No. 661
S/o Badloo Thakar
Nag Co-sharer
17.
Hans Raj, Janak
In self-cultivation
880/445
02–19
Singh, Lal, Singh,
of Sher Singh
Ganga Singh,
Co-sharer
Sher Singh
S/o Badloo Thakar
Nag in equal
shares
18.
Chuni Lal etc. vide
Janak Singh,
447
12–05
Item No. 07
Ganga Singh in
equal shares
Co-sharer
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
242 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
19.
Janak Singh
In self-cultivation.
875/449
09–11
S/o Badloo Thakar
R/o Deh
20.
Bailoo S/o Sukha
In self-cultivation.
876/449
02–05
Nadyalla R/o Deh
In possession of
vide Mutation
Ganga Singh
No. 546
S/o Badloo Nag
R/o Deh
21.
Hans Raj etc.
In self-cultivation
446
01–02
vide Item
of Ganga Singh.
No. 17
In possission of
450
02–05
Ganga Singh
Co-sharer
22.
do.
In self-cultivation
451
05–01
of Lal Singh
S/o Badloo through
Ganga Singh Brother.
In possession of
Lal Singh Co-sharer.
––––
Total
40–12
––––
Grand Total=40K 10M+40K 12M
86–02
––––
(Sd.) SUBHASH CHANDER DOGRA, KAS,
Collector, Land Acquisition, Northern
(Sub-Divisional Magistrate), Mahore.
–––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 243
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER, GANDERBAL,
Mini Secretariat, Ganderbal.
Subject :–Acquisition of additional land for widening of Beehama,
Safapora Road in Estate Yangoora, Tehsil Lar, District
Ganderbal.
––––––
Corrigendium
Please read Village Yangoora instead of Vallage Safapora in our
earlier notification issued vide this Office No. DCG/LAS/16/46-52
dated 26-04-2016.
(Sd.) .......................
Collector, Land Acquisition,
Assistant Commissioner (Revenue),
Ganderbal.
––––––
Notice
I, Tanu Sharma D/o B. K. Sharma and W/o Pardeep Kumar Jolly
R/o H. No. 139-140, Bakshi Nagar, Neer Geeta Mandir Jammu solemnly
declare that in my qualification certificates my name is mentioned as
Tanu Sharma D/o B. K. Sharma but after marriage I have changed
my name as Ranju Sharma instead of Tanu Sharma. So now in future
I shall be known as Ranju Sharma. This is for the reference and record
of all concerned ones.
–––––––
244 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
OFFICE OF THE COLLECTOR, LAND ACQUISITION,
POWER GRID CORPORATION OF INDIA LTD.,
NARWAL-II BALA, JAMMU.
No. N2JM/PGCIL/CLA/2016/3251-58
Dated 03-03-2016.
Subject:––Notification under section 4 (1) of Land Acquisition Act, 1990
Samvat as amended up-to-date.
––––––
Corrigendum
In continuation to this Office letter No. N2JM/PGCIL/CLA/
2016/3216-23 dated 26-02-2016, whereunder notification under
section IV (1) of Land Acquisition Act, 1990 Samvat, as amended
up-to-date, has been issued for land under acquisition for Tower
No. 69, 70, 84, 88, 96 (Five Towers), total land measuring 7 Kanals
19 Marlas situated at Villages Renkha, Bhella, Madrain and Drown
Jamani of Tehsil Thathri and District Doda coming under the corridor
of 400 KV D/C Dulhasti-Kishenpur Transmission Line. But inadvertently,
due to typographical error, it has been wrongly written as 400 KV
D/C Kishenpur-New Wanpoh Transmission Line instead of 400 KV
D/C Dulhasti-Kishenpur Transmission Line.
Therefore, please read “400 KV D/C Dulhasti-Kishenpur
Transmission Line” instead of “400 KV D/C Kishenpur-New Wanpoh
Transmission Line” for Location/Tower No. 69, 70, 84, 88 and 96
in the notification earlier issued under section-IV of Land Acquisition
Act, 1990 Samvat as amended up-to-date vide this Office No. N2JM/
PGCIL/CLA/2016/3216-23 dated 26-02-2016.
No. 16] The J&K Govt. Gazette, 21st June, 2016/30th Asad., 1938. 245
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
Any objection to the acquisition of the said land shall be filed
to the undersigned within 15 days from the date of publication of
this corrigendum. After expiring of the time no objections will be
entertained.
(Sd.) KAMLA DEVI, KAS,
Collector, Land Acquisition,
Power Grid Corporation of India,
NR-II, Narwal, Bye-Pass,
Jammu.
––––––
Notice
My father name has wrongly been written as Chander Mohan
instead of Tirath Ram in PAN Card bearing Reg. No. AAZPG5159M.
Now, I am applying of correction of the same. Objection, if any, may
be conveyed to Income Tax Office within 7 days.
Kamlesh Gupta
D/o Tirath Ram
R/o 207, Dogra Mohalla,
Canal Road, Jammu.
––––––
Notice
I, Tirath Ram S/o Sh. Shiv Ram R/o 656, Sarwal Chowk, Jammu
want to change name of my wife from Anuradha Badyal to Anuradha
Sharma in school records of my sons namely Arpit Sharma and Anaant
Sharma who are studying in 9th and 1st Class in Kendriya Vidyalaya,
Nagrota. Objection, if any, may be conveyed to concerned authorities.
246 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [ No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 129] Srinagar, Thu., the 21st July, 2016/30th Asad., 1938. [ No.16
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS–C
––––––
J&K POLICE TRANSPORT WORKSHOP, JAMMU.
Tender Extension Notice
Subject :–– Fabrication of body/mechanical repairs/upholstery complete in
respect of accidental bus bearing registration No. JK02AK/
0644 held on the stock of PCR, Jammu.
–––––––
This office was floated NIT No. 3 of 2016 dated 15-07-2016,
whereunder sealed tenders, in Single Bid System were invited from reputed
registered firms, original manufactures and authorized dealers/authorized
service providers for fabrication of body/mechanical repairs/upholstery
complete in respect of accidental bus bearing registration No. JK02AK/
0644 held on the stock of PCR, Jammu.
The last date for tender submission was fixed on 28-07-2016, has
been rescheduled as under due to poor response from the open market :––
1. Last/Closing Date & Time
08-08-2016 at 1400 hours.
for receipt of Tender
2. Tender Opening Date &
10-08-2016 at 1000 hours.
Time
3. Submission of Tender
Police Transport Workshop, Channi
Himmat, Jammu.
The terms and conditions of the tender will remain the same. Tender
documents can be obtained on any working day (during office hours) from
Police Transport Workshop, Channi Himmat, Jammu and could also be
downloaded from the official website www.ptwsjammu.org of Police
Transport Workshop, Jammu.
(Sd.) RANJIT SINGH SAMBYAL (KPS),
Sr. Superintendent of Police,
Police Transport Workshop,
Jammu.
80 The J&K Govt. Gazette, 21st July, 2016/30th Asad., 1938. [No. 16
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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.
————
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 129] Srinagar, Mon., the 27th June, 2016/6th Asad., 1938.[No. 12-8
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
EXTRAORDINARY
REGD. NO. JK—33
THE JAMMU AND KASHMIR ENTERTAINMENTS DUTY
BILL, 2016.
[L. A. Bill No. 9 of 2016.]
A Bill to provide for the Levy of an Entertainment Duty in respect
of Admission to Public Entertainments and matter connected therewith
or incidental thereto.
Be it enacted by the State Legislature in the Sixty-seventh Year
of the Republic of India as follows :––
CHAPTER I
Preliminary
1. Short title, extent and commencement.––(1) This Act may
be called the Jammu and Kashmir Entertainments Duty Bill, 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) ‘addressable system’ means an electronic device or more
than one electronic devices put in an integrated system
through which television signals and value added services
can be sent in encrypted or unencrypted form, which can
be decoded by the device or devices at the premises of
the subscriber within limits of the authorization made, on
the choice and request of such subscriber, by the service
provider to the subscriber ;
(b) ‘admission to an entertainment’ includes admission of a
person to any place in which the entertainment is held and
2
The J&K Govt. Gazette, 27th June, 2016/6th Asad., 1938.
[No. 12-8
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
in case of entertainment through cable service and Direct
To Home (DTH) service with or without cable connection
or through internet fixed line or mobile, each connection
to a subscriber shall be deemed to be an admission for
entertainment ;
(c) ‘appellate authority’ means the appellate authority appointed
under section 5 of this Act ;
(d) ‘assessing authority’ means the Entertainment Duty
Officer ;
(e) ‘broadcaster’ means any person including an individual,
group of persons, public or body corporate, firm or any
organization or body, who or which is providing
programming services and includes his or her authorized
distribution agencies ;
(f) ‘cable operator’ means any person who provides cable
service through a cable television network or otherwise
controls or is responsible for the management and operation
of a cable television network ;
(g) ‘cable service’ means the transmission by cables of
programme including retransmission by cables of any
broadcast television signals ;
(h) ‘cable television network’ means any system consisting of
a set of closed transmission paths and associated signal
generation/control and distribution equipment, designed
to provide cable service for reception by multiple
subscribers ;
(i) ‘cinema’ means any place where exhibition of cinematograph
film or moving pictures or series of pictures is publicly
No. 12-8]
The J&K Govt. Gazette, 27th June, 2016/6th Asad., 1938.
3
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
organized by playing or replaying of pre-recorded cassette
by means of a video cassette player or recorder either on
the screen of a television set or video scope or otherwise
including video parlour, 3D or 5D or 7D video halls/
theaters/Multiplexes or IPTV through internet is provided
for commercial purposes ;
(j) ‘Direct To Home (DTH) service’ means distribution of
multi-channel television and radio programmes and similar
content by using a satellite system, by providing signals
directly to subscriber’s premises without passing through
an intermediary or otherwise ;
(k) ‘duty’ means entertainment duty, and includes surcharge,
cess, penalty or any other charge levied under this Act
;
(l) ‘entertainment’ includes,––
(i) any exhibition, performance, amusement, game, sport
or race (including horse/car/motorcycle race) to which
persons are admitted on payment ;
(ii) entertainment through cable television network service
by a cable operator and Direct to Home (DTH)
service by service provider through satellite or by
IPTV through internet connection on payment ;
(iii) entertainment through video parlour, 3D or 5D or 7D
Video Halls/Theaters/Multiplexes/Cinemas to which
persons are admitted on payment ;
(iv) entertainment through IPTV through internet connection
or any other technological means and devices ;
4
The J&K Govt. Gazette, 27th June, 2016/6th Asad., 1938.
[No. 12-8
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(v) entertainment through telecom operators through fixed
line and mobile internet services on payment ; and
(vi) any other type of entertainment not defined in this sub-
section.
(m) ‘Government’ means the Government of Jammu and
Kashmir ;
(n) ‘Multi-System Operator (MSO)’ means any person
including an individual, group of persons, public or body
corporate, firm or any other organization or body, who or
which is engaged in the business of receiving television
signals and value added services from a broadcaster or his
authorized agencies and distributing the same or transmitting
his own programming service including production and
transmission of programmes and packages, directly to the
multiple subscribers or through one or more cable operators
and includes its authorized distribution agencies by whatever
name called ;
(o) ‘notification’ means a notification published in the
Government Gazette ;
(p) ‘payment for admission’ includes,––
(i) any payment made by a person for seats, entry or
other accommodation in any form in/into a place of
entertainment ;
(ii) any payment for cable service or DTH ;
(iii) any payment made for the loan or use of any
instrument or contrivance which enable a person to
get a normal or better view or hearing or enjoyment
No. 12-8]
The J&K Govt. Gazette, 27th June, 2016/6th Asad., 1938.
5
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
of the entertainment, which without the aid of
such instrument or contrivance such person would not
go ;
(iv) any payment, by whatever name called for any
purpose whatsoever, connected with an entertainment,
which a person is required to make in any form as
a condition of attending, or continuing to attend the
entertainment, either in addition to the payment, if any,
for admission to the entertainment or without any such
payment for admission ;
(v) any payment made by a person who having been
admitted to one part of a place of entertainment is
subsequently admitted to another part thereof, for
admission to which a payment involving duty or more
duty is required ;
(vi) any payment made by a person by way of contribution,
subscription, installation or connection charges or any
other charges collected in any manner whatsoever for
entertainment through Direct To Home (DTH)
broadcasting service for distribution of television
signals and value added services with the aid of any
type of addressable system, which connects a
television set, computer system at a residential or non-
residential place of subscriber’s premises, directly to
the satellite or otherwise ;
(vii) any payment made by a person for installation and
rentals/recharge of internet facility from the telecom
operator ;
Explanation :––
Any subscription raised, contribution
received or donation collected in connection
6
The J&K Govt. Gazette, 27th June, 2016/6th Asad., 1938.
[No. 12-8
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
with an entertainment, where admission is
partly or entirely by tickets/invitation
specifying the amount of admission or
reduced rate of ticket shall be deemed to
be payment for admission ;
(q) ‘prescribed’ means prescribed by rules made under this
Act ;
(r) ‘proprietor’ in relation to any entertainment includes any
person,––
(i) who is owner, partner or responsible for management
of entertainment ; or
(ii) connected
with
the
organization
of
the
entertainment ; or
(iii) charged with the work of admission to the
entertainment ; or
(iv) responsible for, or for the time being incharge of, the
management thereof ;
(v) having license to provide Direct To Home (DTH)
service, by the Central Government under section 4
of the Indian Telegraph Act, 1885 (13 of 1885), and
the Indian Wireless Telegraph Act, 1933 (17 of 1933)
and also include service provider of cable television
signals and value added services, registered or licensed
under the Cable Television Network (Regulation) Act,
1995 (7 of 1995) ; or
(vi) responsible for organization/management of telecom
services i. e. internet or management of any other
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entertainment from some other technological means/
devices which include distributor also.
(s) ‘set top box’ means an apparatus, connected to a television
set or computer system at a residential or non-residential
place which receives decrypted television signals and radio
services to the television set or computer set, which enables
the viewers to tune into multi-channel television or radio
content ;
(t) ‘service provider’ includes any person licensed or registered
under the Indian Telegraph Act, 1885 (13
of 1885), the Cable Television Networks (Regulation) Act,
1995 (7 of 1995), the Indian Wireless Telegraphy
Act, 1933 (17 of 1933) and any other Act for providing,
television, radio signals or internet and is providing
entertainment ;
(u) ‘society’ includes a company, institution, club or other
association of person by whatever name called ;
(v) ‘subscriber’ means a person who receives the signals of
television network and value added services or internet from
multi-system operator or from cable operator or from Direct
To Home (DTH) broadcasting service or from telecom
operator at a place or device indicated by him to the service
provider, without further transmitting it to any other person
;
Explanation
I :––In case of hotels, each room or
premises where signals of cable television
network are received shall be treated
as a subscriber.
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Explanation II :––In case of Direct To Home (DTH),
every television set or computer set
receiving the signals shall be treated as
a subscriber.
Explanation III :––In case of internet, every fixed line
telephone or mobile set receiving
internet shall be treated as a subscriber.
(w) ‘ticket’ means a ticket or a complimentary pass for the
purpose of securing admission to an entertainment in
accordance with the provisions of this Act or the rules made
thereunder, and a ‘duplicate ticket’ means a ticket or set
of tickets used or intended to be uses otherwise than in
accordance with this Act or the rules made thereunder.
CHAPTER II
Entertainment Duty Authorities
3. Entertainment Duty Authorities.––(1) For carrying out the
purposes of this Act, the Government may by notification appoint a
person to be the Commissioner of Entertainment Duty.
(2) To assist the Commissioner in the execution of his functions
under this Act, the Government may appoint as many Deputy
Commissioners, Entertainment Duty, Entertainment Duty Officers,
Inspectors, Sub-Inspectors and such other persons.
(3) The Commissioner appointed under sub-section (1) and other
officers appointed under sub-section (2) shall exercise such powers as
may be conferred, and perform such duties, as may be required, by
or under this Act.
4. Delegation.––(1) The Government may, by notification,
delegate all or any of its powers under this Act, except those under
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section 3, section 6, section 7, and section 37 to any person or authority
subordinate to it.
(2) The exercise of any powers delegated under sub-section (1)
shall be subject to such restrictions, limitations or conditions as may
be laid down by the Government from time to time and shall also be
subject to control and revision by Government at any time.
5. Appellate Authority.––The Deputy Commissioner,
Entertainment, Kashmir/Jammu shall be the appellate authority to
exercise the powers and discharge the functions conferred on the
appellate authority by or under this Act in their respective jurisdictions.
CHAPTER III
Entertainment Duty
6. Duty on payment for admission to entertainment.––(1)
Subject to the provisions of this Act, there shall be levied and paid
on all payment for admission to any entertainment, an entertainment
duty at such rate as the Government may from time to time notify
in this behalf, and the duty shall be collected by the proprietor from
the person making the payment for admission and paid to the
Government in the manner prescribed.
(2) The proprietor of a video parlour, 3D or 5D or 7D Video
Halls, Theaters, Multiplexes and Cinemas shall be liable to pay
entertainment duty at a rate to be notified by the Government from
time to time in this behalf.
(3) Nothing in sub-section (1) shall preclude the Government
from notifying different rates of entertainment duty for different classes
of entertainment or for different payments for admission to
entertainment.
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(4) Where the payment for admission to an entertainment together
with the duty is not a multiple of fifty paisa, then notwithstanding anything
contained in sub-section (1) or sub-section (2) or any notification issued
thereunder the duty shall be increased to such extent and be so computed
that the aggregate of such payment for admission to entertainment and
the duty is rounded off to the next higher multiple of fifty paisa, and
such increased duty shall also be collected by the proprietor and paid
to the Government in the manner prescribed.
(5) If in any entertainment, referred to in sub-section (1), to which
admission is generally on payment, any person is admitted free of charge
or on a concessional rate, the same amount of duty shall be payable
as if such person was admitted on full payment.
(6) Where the admission to a place of entertainment is generally
on payment, and if any, entertainment is held in lieu of the regular
entertainment programme without payment of admission or with payment
of admission less than what would have been paid in the normal course,
the proprietor shall be liable to pay duty which would have been payable
in a normal course at full house capacity or the duty for the programme
held in lieu of the regular entertainment programme whichever is higher.
(7) Where the payment for admission to an entertainment, referred
to in sub-section (1), is made wholly or partly, by means of a lump
sum paid as subscription, contribution, donation or otherwise, the duty
shall be paid on the amount of such lump sum and on the amount
of payment for admission, if any, made otherwise.
(8) Wherein a hotel or a restaurant, or a club, entertainment
is provided by way of cabarets, floor shows, or entertainment is
organized on special occasion along with any meal or refreshment with
a view to attract customers, the same shall be levied duty at a rate
to be notified under sub-section (1).
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7. Duty on cable, Direct To Home (DTH), internet service and
video service.––(1) Subject to the provisions of this Act, there shall
be levied and paid an entertainment duty on all payments for admission
to an entertainment through a Direct To Home (DTH) or through a
cable television network with addressable system or otherwise, other
than entertainment to which section 6 applies, at such rates for every
subscriber for every month as the Government may, from time to time,
notify in this behalf, which shall be collected by the proprietor and paid
to the Government in the manner prescribed.
(2) Nothing in sub-section (1) shall preclude the Government from
notifying different rates of entertainment duty for household, or for
different categories of hotels.
(3) Where the subscriber is a hotel or a restaurant ; the proprietor
may, in lieu of payment under sub-section (1), pay a compounded
payment to the Government on such conditions and in such manner
as may be prescribed and at such rates the Government may, from
time to time, notify and different rates of compounded payment may
be notified for the different categories of hotels.
(4) The proprietor of telecom service provider providing internet
service through fixed line or mobile shall be liable to pay entertainment
duty at such rate for every subscriber per package or on monthly rates
at a rate to be notified by the Government from time to time in this
behalf.
(5) The duty payable under this section shall be paid, collected
or realized in such manner as may be prescribed.
8.
Information
before
holding
entertainment.––
(1) No entertainment on which duty is leviable shall be held without
prior information being given to the Commissioner in the manner
prescribed.
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(2) No proprietor of a cable television network, Direct To Home
(DTH) or video parlour, 3D or 5D or 7D Video Halls, Theaters,
Multiplexes and Cinemas shall provide entertainment unless he obtains
permission from the Commissioner in the manner prescribed.
(3) Notwithstanding anything contained in this Act or any other
law for the time being in force, the Commissioner, or any other officer
authorized to by the Government in this behalf, may after giving
reasonable opportunity of hearing to the proprietor, prohibit the
holding of such entertainment and may also take all reasonable steps
to ensure that order of prohibition is complied with, if he is satisfied
that,––
(a) the proprietor has given any false information which is likely
to result in the evasion of duty ;
(b) the proprietor has failed to deposit the security due ;
(c) the proprietor has committed breach of any of the provisions
of this Act or the rules made thereunder.
9. Restriction of admission.––Save as otherwise expressly
provided by or under this Act, no person other than a person who has
some specific duty to perform in connection with the entertainment,
or duty imposed upon him by law, or a person authorized by the
Government in this behalf shall be admitted to any entertainment except
with a ticket in the prescribed form denoting that the proper duty under
section 6 has been paid
10. Restriction on entry to entertainment.––No person who has
some specific duty to perform in connection with the entertainment,
or duty imposed upon him by law, or a person authorized by the
Government in this behalf shall enter or obtain admission to an
entertainment without being in possession of a proper ticket as required
under section 9.
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11. Manner of payment.––The Government may, on such
conditions as may be prescribed, require the proprietor, to pay the
amount of the duty payable under section 6,––
(a) by stamping the tickets with an impressed, embossed,
engraved or adhesive stamp, issued by the Government for
the purposes, denoting that the proper entertainment duty
under section 6 has been paid ; or
(b) in accordance with returns of the payments for admission
to the entertainment and on account of duty ; or
(c) by a consolidated payment of a percentage, to be fixed
by the Government, of the gross sum received by the
proprietor on account of payments for admission to the
entertainment and on account of the duty ; or
(d) in accordance with results recorded by any mechanical
contrivance which automatically registers the number of
person admitted ; or
(e) by collecting the duty while allowing entry to entertainment
online through web portals ; or
(f) by advance payments by the proprietor to be accounted
for the number of persons admitted to entertainment.
12. Refund of duty.––(1) Where the Commissioner is satisfied
that the proprietor has deposited duty in excess of the amount actually
due, he shall grant a refund in respect of such amount or allow its
adjustment against future payments to duty.
(2) When an entertainment is not completed for reasons beyond
the control of the proprietor, and the Commissioner is satisfied that the
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proprietor has refunded the amount charged for the tickets, he shall
remit the amount of duty payable in respect of such tickets and order
the show to be treated as cancelled.
13. Deposit and forfeiture of security.––(1) Every proprietor
before holding an entertainment on which duty is leviable shall deposit
such security and in such manner as may be prescribed. The
Commissioner may deduct any arrears of duty from the security and
may vary or forfeit the security in such manner as may be prescribed.
(2) No order to forfeit the security shall be made under
sub-section (1) unless, after giving the proprietor reasonable opportunity
of being heard, the Commissioner is satisfied for reasons to be recorded
that the proprietor has evaded the duty or violated the provisions of
this Act or rules made thereunder.
(3) Any person aggrieved by an order forfeiting the security may,
within thirty days from the date of service of such order prefer an
appeal to the appellate authority in such manner as may be prescribed
and the order of the appellate authority shall be final.
14. Exemption.––(1) The Government may, for promotion of arts,
culture or sports, by general or special order, exempt any individual
entertainment programme or class or entertainment from liability to pay
duty under this Act.
(2) The Government may, by general or special order, exempt
in public interest any class or entertainment from liability to pay duty
under this Act.
(3) Without prejudice to the generality of the provisions of
sub-section (1) where the Government is satisfied that any
entertainment,––
(a) is wholly of an educational character ; or
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(b) is provided partly for educational or partly for scientific
purposes by a society not conducted or established for
profit ; or
(c) is provided by a society not conducted for profit and
established solely for the purpose of promoting public health
or in the interests of agriculture, or a manufacturing
industry, and consists solely of an exhibition of articles
which are of material interest in connection with questions
relating to public health or agriculture or are the products
of the industry for promoting the interest whereof the
society exists, or the materials, machinery appliances or
foodstuff used in the production of such produce, may,
subject to such terms and conditions as it may deem fit
to impose, grant exemption to such entertainment from
payment of duty under this Act :
Provided that the Government may cancel such exemption
if it is satisfied that the exemption was obtained through
fraud or misrepresentation, or that the proprietor of such
entertainment has failed to comply with any of the terms
or conditions imposed or directions issued in this behalf and
thereafter the proprietor shall be liable to pay the duty which
would have been payable had not the entertainment been
so exempted.
(4) Where the Government is satisfied that the entertainment
programme is not conducted for profit and the entire gross proceeds
from payment for admission are to be devoted in philanthropic, religious
or charitable purposes, without any deductions whatsoever on account
of the expenses of the entertainment, it may, subject to the rules made
under this Act, grant exemption to such entertainment from payment
of duty under this Act on such terms and conditions, as it may deem
fit to impose.
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(5) Where any exemption from payment of duty is granted under
sub-section (4), the proprietor of such entertainment shall furnish to the
Commissioner such documents and records and in such manner as may
be prescribed.
(6) If the proprietor of an entertainment exempted under
sub-section (4) fails to furnish the documents and records required under
sub-section (5), or fails to comply with any conditions imposed or
directions issued in this behalf, or if the Government is not satisfied
with the correctness of such documents or records, the Government
may cancel the exemption so granted and thereupon the proprietor shall
be liable to pay the duty which would have been payable had not the
entertainment been so exempted.
(7) The Government may for reasons to be recorded in writing
grant ex-post facto exemption from payment of entertainment duty in
respect of any programme.
15. Assessment of duty.––(1) Where the assessing authority is
satisfied that the proprietor of an entertainment,––
(a) has failed to give information or taken permission as
required under sub-section (1) or as the case may be, under
sub-section (2) of section 8 ; or
(b) has failed to submit true and full returns in the prescribed
forms ; or
(c) has printed, distributed, possessed, sold or used duplicate
tickets ; or
(d) has fraudulently evaded or attempted to evade, the payment
of duty due in any manner whatsoever it shall, after giving
the proprietor a reasonable opportunity of being heard,
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assess to the best of its judgement, the amount of the duty
due from the proprietor, and may also impose a penalty
not exceeding twenty times of the duty due.
(2) The amount of duty assessed by the assessing authority shall,
together with any penalty that may be directed to be paid, be paid
by the proprietor within a period of fifteen days from the date of service
of notice of demand issued by the assessing authority.
(3) Any person aggrieved by an order under sub-sections (1) and
(2) may, within one month from the date of service of such order,
prefer an appeal to the appellate authority in such manner as may be
prescribed and the order of the appellate authority shall be final.
16. Power to summon witnesses and production of
documents.––(1) The assessing or appellate authority shall, for securing
the attendance or for production of any document for the purpose of
this Act, have all the powers conferred on a Civil Court under the
provisions of the Code of Civil Procedure, Samvat 1977 for the purpose
of,––
(a) summoning and enforcing the attendance of any person and
examining him on oath or affirmation ; and
(b) compelling the production of any document connected with
the assessment proceedings.
(2) The authority referred to in sub-section (1) shall have powers
to call for such information, particulars and records as he may require,
from any person, including the broadcaster, cable operator, proprietor
of Direct To Home, multi-system operator or the subscriber, for any
purpose under this Act.
17. Provision against resale of tickets.––(1) A ticket for
admission to an entertainment shall not be resold for profit.
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(2) No person shall sell, resell or purchase any ticket for
admission to an entertainment in respect whereof duty is payable under
section 6, except from the enclosure set apart by proprietor for the
purchase or by online payment through web portals and in such manner
as may be prescribed.
18. Inspections.––(1) The Commissioner or any other officer
authorised in this behalf may enter, inspect and search any place of
entertainment while the entertainment is proceeding, and any place
ordinarily used as a place of entertainment or for keeping records
connected therewith, at any reasonable time with a view to securing
compliance of the provisions of this Act or the rules made thereunder.
Explanation :––
The expression “place of entertainment” in case
of a cable service or Direct To Home (DTH) means
the place from where the cable television network or
DTH is operated.
(2) Any officer referred to in sub-section (1) may require the
proprietor, society or any person involved in payment for admission to
produce for inspection before him or any other officer not below the
rank of Sub-Inspector, all details of account and other records relating
to the entertainment as such officer may consider necessary.
(3) Any officer referred to in sub-section (1) or sub-section (2)
may take in his possession all such books of accounts and other records
relating to the entertainment as he may consider necessary and shall
give a receipt giving list of the documents and records taken in
possession.
(4) The proprietor of such place of entertainment shall
given every reasonable assistance to every officer referred to in
sub-sections (1) and (2).
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(5) Every officer referred to in sub-sections (1) and (2) shall be
deemed to be a public servant within the meaning of section 21 of
the State Ranbir Penal Code.
19. Suspension or revocation of authorization certificate for
entertainment.––(1) No proprietor having a licence under the
Cinematography Act, 1952 (Central Act 37 of 1952) and Cinematography
Act, Samvat 1989 (State Act) shall charge payment for admission and
collect entertainment duty without an authorization to be called
‘Admission Fee and Duty Collection Authorization Certificate’ from the
Commissioner.
(2) The Commissioner may, by order, revoke or suspend the
authorization certificate issued under sub-section (1) if he is satisfied
that the proprietor has––
(a) admitted any person to any place of entertainment without
payment of duty ; or
(b) failed to pay the duty or deposit security due from him
within the time prescribed ; or
(c) fraudulently evaded the payment of any duty due under
this Act ; or
(d) obstructed any officer in carrying out inspection, search or
seizure of records ; or
(e) failed to produce the records required for inspection by any
officer carrying out an inspection under this Act ; or
(f) contravened any other provision of this Act or the rules
made thereunder or any order or direction issued under any
such provision.
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(3) No order to revoke or suspend the ‘admission fee and duty
collection authorization certificate’ under sub-section (1) shall be passed
without giving the holder of such certificate a reasonable opportunity
of being heard.
(4) Where any ‘admission fee and duty collection authorization
certificate’ granted under sub-section (1) has been revoked or suspended
under this section, the Commissioner shall have the power to prevent
such entertainment and may, for this purpose, take such steps as he
may consider necessary in the circumstance of the case.
CHAPTER IV
Penalties and Procedure
20. Penalty for admission and entry without tickets.––(1) If
any person liable to pay any duty under section 6 is admitted to a
place of entertainment in contravention of the provisions of section 9,
the proprietor of the entertainment to which such person is so admitted
shall be punishable with a fine, not exceeding five thousand rupees.
(2) Any person who enters or obtains admission to an
entertainment in contravention of the provisions of section 10 shall be
punishable with fine not exceeding ten times the amount of duty due
from him in addition to the amount of duty due.
21. Penalty for unauthorization of sale and purchase of
tickets.––(1) If any person sells any tickets in contravention of the
provisions of sub-section (1) or sub-section (2) of section 17 shall be
punishable with a fine not exceeding five thousand rupees.
(2) Any person, who purchases any ticket in contravention of the
provisions of section 17, shall be punishable with a fine not exceeding
twenty times of value of the admission ticket.
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22. Penalty for using duplicate tickets.––Every proprietor
using or possessing a duplicate ticket shall be punishable with a fine
not exceeding five thousand rupees.
23. Penalty for violating section 7.––Every proprietor not paying
duty as per section 7 shall be punishable with a fine not exceeding
fifteen thousand rupees.
24. Penalty for obstructing inspecting officers.––If any person
prevents the entry of any officer duly authorized in this behalf or
otherwise obstructs such officer in the discharge of his duties imposed
by or under this Act or the rules made thereunder, such person shall
be punishable with a fine not exceeding ten thousand rupees.
25. Penalty for entertainment which is prohibited or when
authorization certificate thereof is revoked or suspended.––
Whoever holds any enertainmnet while it is prohibited under sub-section
(3) of section 8 or while the ‘admission fee and duty collection
authorization certificate’ for such entertainment remains suspended or
revoked under sub-section (2) of section 19, shall be punishable with
fine not exceeding ten thousand rupees.
26. Penalty for other offence.––Any person who contravenes
any other provisions of this Act or the rules made thereunder or fails
to comply with any order or direction issued in accordance with the
provisions of this Act or the rules made thereunder, shall be punishable
with a fine not exceeding five thousand rupees.
27. Enhanced penalty after previous conviction.––Whoever
having been convicted of an offence punishable under sub-section (1)
of section 20, or sub-section (1) of section 21, or section 22, or
section 25, is again found guilty of an offence punishable under the
same provision, shall be subject for every such subsequent offence, to
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a fine which may extend to two times of the amount of fine provided
in such provision.
28. Offences by companies.––(1) If the person, committing an
offence under this Act is a company, the company as well as every
person incharge of, and responsible to the company, for the conduct
of its business at the time of thecommission of the offence, 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 punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence
to prevent the commission of the offence.
(2) Notwithstanding anything contained in sub-section (1), where
any offence under this Act has been committed by a company, and
it is proved that the offence has been committed with the consent or
connivance of, or that the commission of offence is attributable to any
negligence on the part of any managing agent, secretary, treasurer,
director, manager or any other officer of the company, such managing
agent, secretary, treasurer, director, manager or other officer of the
company shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation :––
For the purpose of this section,––
(a) “company” means any body corporate and includes a firm
or other association of individuals ; and
(b) “director” in relation to a firm, means a partner in the firm.
29. Bar of jurisdiction on civil courts.––No civil court shall
have jurisdiction to decide, or to deal with any question, which is by or
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under this Act required to be decided or dealt with, by the Government,
or the Commissioner, or any other officer authorised by the Government.
30. Compounding of offence.––(1) Any offence punishable under
this Act may be compounded by the Deputy Commissioner,
Entertainment either before or after the institution of the prosecution
in relation of such amount of composition fees, as he thinks fit, but
not exceeding thirty thousand rupees.
(2) The proceedings instituted in the court shall abate if the offence
has been compounded under sub-section (1).
31. Cognizance of offence.––(1) No court shall take cognizance
of any offence punishable under this Act or rules made thereunder
except on complaint by, or with the previous sanction in writing of the
Commissioner or any other officer authorized by him in this behalf.
(2) If the duty due has not been deposited within the specified
time, a recovery certificate to the Collector for recovery of the same
shall be issued in such manner as may be prescribed.
CHAPTER V
Miscellaneous
32. Recovery of duty.––(1) The amount of any duty, interest,
penalty or other amount due under any provision of this Act shall,
without prejudice to any other mode of recovery available to the
Government under any other law for the time being in force, be
recoverable as arrears of land revenue.
(2) If the duty, interest, penalty or other amount due has not been
deposited within the specified time, a recovery certificate to the Collector
for recovery of the same shall be issued in such manner as may be
prescribed.
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(3) For the purposes of recovery of any amount recoverable as
arrears of land revenue under this Act, the provisions of the Land
Revenue Act, Samvat 1996, as to the recovery of arrears of land
revenue shall, notwithstanding anything contained in that Act or in any
other enactment, be deemed to be in force throughout Jammu and Kashmir.
(4) For the purposes of recovery of any amount recoverable as
arrear of land revenue under this Act,––
(a) the Deputy Commissioner Entertainment, shall have and
exercise all the powers and perform all the duties of the
Deputy Commissioner under the Land Revenue Act,
Samvat 1966 ;
(b) the Entertainment Officer and Entertainment Duty
Inspector and Sub-Inspector shall have and exercise all the
powers and perform all the duties of the Tehsildar and
Revenue Assistant respectively under the Land Revenue
Act, Samvat 1966 ;
33. Special mode of recovery.––(1) Notwithstanding anything
contained in any law or contract to the contrary, the Commissioner
may, at any time or from time to time, by notice in writing, a copy
of which shall be forwarded to the person at his last known address,
require,––
(a) any person from whom any amount of money is due,
or may become due, to the person (in this section called
“the duty payer”) liable to pay duty, interest, penalty or
any amount due under this Act ; or
(b) any person who holds or may subsequently hold money for
or on account of the duty payer, to pay to the
Commissioner, either forthwith upon the money becoming
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under this Act required to be decided or dealt with, by the Government,
or the Commissioner, or any other officer authorised by the Government.
30. Compounding of offence.––(1) Any offence punishable under
this Act may be compounded by the Deputy Commissioner,
Entertainment either before or after the institution of the prosecution
in relation of such amount of composition fees, as he thinks fit, but
not exceeding thirty thousand rupees.
(2) The proceedings instituted in the court shall abate if the offence
has been compounded under sub-section (1).
31. Cognizance of offence.––(1) No court shall take cognizance
of any offence punishable under this Act or rules made thereunder
except on complaint by, or with the previous sanction in writing of the
Commissioner or any other officer authorized by him in this behalf.
(2) If the duty due has not been deposited within the specified
time, a recovery certificate to the Collector for recovery of the same
shall be issued in such manner as may be prescribed.
CHAPTER V
Miscellaneous
32. Recovery of duty.––(1) The amount of any duty, interest,
penalty or other amount due under any provision of this Act shall,
without prejudice to any other mode of recovery available to the
Government under any other law for the time being in force, be
recoverable as arrears of land revenue.
(2) If the duty, interest, penalty or other amount due has not been
deposited within the specified time, a recovery certificate to the Collector
for recovery of the same shall be issued in such manner as may be
prescribed.
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(3) For the purposes of recovery of any amount recoverable as
arrears of land revenue under this Act, the provisions of the Land
Revenue Act, Samvat 1996, as to the recovery of arrears of land
revenue shall, notwithstanding anything contained in that Act or in any
other enactment, be deemed to be in force throughout Jammu and Kashmir.
(4) For the purposes of recovery of any amount recoverable as
arrear of land revenue under this Act,––
(a) the Deputy Commissioner Entertainment, shall have and
exercise all the powers and perform all the duties of the
Deputy Commissioner under the Land Revenue Act,
Samvat 1966 ;
(b) the Entertainment Officer and Entertainment Duty
Inspector and Sub-Inspector shall have and exercise all the
powers and perform all the duties of the Tehsildar and
Revenue Assistant respectively under the Land Revenue
Act, Samvat 1966 ;
33. Special mode of recovery.––(1) Notwithstanding anything
contained in any law or contract to the contrary, the Commissioner
may, at any time or from time to time, by notice in writing, a copy
of which shall be forwarded to the person at his last known address,
require,––
(a) any person from whom any amount of money is due,
or may become due, to the person (in this section called
“the duty payer”) liable to pay duty, interest, penalty or
any amount due under this Act ; or
(b) any person who holds or may subsequently hold money for
or on account of the duty payer, to pay to the
Commissioner, either forthwith upon the money becoming
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or by that person, as the case may be, on his own motion rectify any
mistake apparent from the record, and shall within a like period, rectify
such mistake which has been brought to his notice by any person
affected by such order :
Provided that no such rectification shall be made, if it has the
effect of enhancing the duty or reducing the amount of refund, unless
the Commissioner or the person appointed under sub-section (2) of
section 3 to assist him, as the case may be, has given notice in writing
to the person likely to be affected by the order, of his intention to
do so and has allowed such person a reasonable opportunity of being
heard.
(2) Save as provided and subject to such rules as may be
prescribed, any assessment made or order passed under this Act or
the rules made thereunder by any person appointed under section 3
or by the appellate authority may be reviewed by such person or
appellate authority, as the case may be suo moto or upon an application
made in that behalf :
Provided that if any order passed is likely to affect any person
adversely, such person shall be given a reasonable opportunity of being
heard.
38. Powers to make rules.––(1) The Government may make
rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide, for,––
(a) collection of duty and payment thereof in the Government
account by the proprietor ;
(b) conditions and manner of payment of compounded duty to
the Government in relation to a hotel or restaurant providing
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video cable service and the manner of collection or
realization of such duty ;
(c) procedure for giving prior information to the Commissioner
for holding entertainment on which duty is leviable and for
obtaining permission for holding entertainment by the
proprietor of cable television network or Direct To Home
(DTH) or video parlour or a 3D or a 5D or a 7D cinema
hall or multiplex ;
(d) manner of payment of duty under section 6 ;
(e) manner of payment of entertainment duty to the
Government in respect of entertainments described in
section 7 ;
(f) procedure for furnishing security for holding an entertainment,
the manner and condition under which the security can be
forfeited or the matter in which appeal can be filed against
the order of forfeiture of the security ;
(g) grant
of
exemption
under
sub-section
(4)
of
section 14 ;
(h) form for submission of return under clause (b) of
sub-section (1) of section 15 and the manner in which
appeals may be filed against orders passed under
sub-section (1), sub-section (2) and sub-section (3) of said
section ;
(i) manner under sub-section (2) of section 17 to sell, re-sell
or purchase ticket for admission to an entertainment ;
(j) inspection and search of places of entertainment etc. under
section 18 ;
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(k) manner in which recovery certificate to collector to be
issued under sub-section (2) of section 31 ;
(l) any other matter which is required to be, or may be,
prescribed.
39. Power of the Commissioner to conduct special audit.––
(1) If, at any stage of the proceedings under this Act, the Commissioner,
having regard to the nature of the entertainment event and complexity
of the transactions made by the proprietor of the entertainment event
and the interest of the revenue, is of the opinion that it is necessary
to do so, he may direct the Deputy Excise Commissioner, Accounts,
Jammu and Kashmir in writing to get his records including books of
accounts, examined and audited and to furnish a report of such
examination and audit, duly signed and verified.
(2) Every report under sub-section (1) shall be furnished by the
Deputy Excise Commissioner, Accounts, Jammu and Kashmir to the
Commissioner within such period as may be specified by the
Commissioner :
Provided that the Commissioner may, on an application made in
this behalf by the proprietor and for any good and sufficient reason,
extend the said period by such further period as he thinks fit.
40. Removal of difficulties.––(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by general
or special order published in the Government Gazette, makes such
provisions not inconsistent with the provisions of this Act as appear
to it be necessary or expedient for the removal of the difficulty.
41. Repeal and saving.––(1) The Jammu and Kashmir
Entertainments Act, 1959 is hereby repealed.
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(2) Notwithstanding such repeal, anything done or any action taken
under the said Act, shall be deemed to have been done or taken under
this Act.
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STATEMENT OF OBJECTS AND REASONS
The existing Jammu and Kashmir Entertainment Duty Act, 1959
(Act No. XXVIII of 1959) provides for levying duty on entertainment
activities as existed in early nineteen-sixties and entertainment provided
by Direct To Home (DTH) operators, internet entertainment providers
and some other modern entertainment services are not covered under
the existing provisions of the Act. Subscriber’s base of DTH and some
other modern entertainment services has rapidly increased during the
past years and is further expanding ; thereby provide good resources
generation opportunity. Hence, the proposed Bill shall bring DTH and
other modern entertainment services under the entertainment duty net.
It is proposed in the Bill to empower the Assessing Authorities
appointed under it to have all the powers conferred on a court under
Code of Civil Procedure for the purpose of summoning and enforcing
the attendance of any person and examining him on oath and compelling
production of any document.
Further, provision of special audit has also been proposed for
proper examination of records in connection with an entertainment event.
Hence the Bill.
MINISTER INCHARGE FINANCE.
–––––––
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MEMORANDUM REGARDING DELEGATED
LEGISLATION
1. Clause 4 of the Bill confers on the Government the powers
to make rules to prescribe the manner of payment of entertainment
duty to the Government in respect of all entertainments including through
Direct To Home (DTH) or Cable Television Network as
described in sub-clause (1) of clause 6 and sub-clause (1) of
clause 7 of the Bill.
2. The matters in respect of which rules may be made are matters
of administrative details and procedure and, as such, the delegation of
legislative power is of normal character.
MINISTER INCHARGE FINANCE.
–––––––
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FINANCIAL MEMORANDUM
The existing Jammu and Kashmir Entertainment Duty Act, 1959
(Act No. XXVIII of 1959) is applicable for all entertainment
programmes being held in the Jammu and Kashmir State viz. cinema,
cable TV, horse racing and other miscellaneous entertainment
programmes.
The proposed new Act shall bring DTH, internet and other modern
entertainment services under entertainment duty net which will generate
considerable revenue for the State. It also proposes to make
entertainment duty administration more efficient and effective and to
plug the loophole for better entertainment duty compliance.
The Bill to be introduced is more of regulatory nature and do
not involve any expenditure from out of the Consolidated Fund of the
State.
MINISTER INCHARGE FINANCE.
––––––
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RECOMMENDATION OF THE GOVERNOR
The Governor has in pursuance of sub-sections (1) and (3) of
section 84 of the Constitution of Jammu and Kashmir recommended
to the Jammu and Kashmir Legislative Assembly the introduction and
consideration of the Bill.
(Sd.) M. RAMZAN,
Secretary.
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