REGD NO . JK-33
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 129 ] Srinagar, Thu. , the 25th August , 2016/3rd Bhad. , 1938. [ No. 21
CONTENTS
Vernacu- lar pages
English Pages
PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers
212-216
PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers
249-256
41-42
PART 11 - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....
293-302
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
Monthly Imports and Exports from
SUPPLEMENT- A- Trade the State
SUPPLEMENT- B - Police
SUPPLEMENT - C -Advertisements
81-84
93-96
Printed at the Government Press , Srinagar .
212 The J & K Govt . Gazette , 25th August , 2016/3rd Bhad. , 1938. [ No. 21
PART I - A
Jammu & Kashmir Government - Orders
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU .
Notification
No. 49 Dated 11-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Zaheer Abbas Batti S / o Mr. Nazir Hussain Batti R/ o Kolian Madana , Surankote , Haveli , Poonch vide Notification No. 639 dated 16-10-2014 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. 50 Dated 16-04-2016.
Provisional admission granted under Advocates Act , 1961 in favour of Mr./Ms . Waseem Nissar S/ o / D/ o Mr. Mohd Nissar R/ o Jernally No. 17 , H. No. 289 , Surankote , Poonch vide Notification No. 846 dated 02-03-2013 for a period of one year has been extended till 01-12-2016 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. 21 ] The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad . , 1938. 213
Notification
No. 51 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Ms. Tabasum Farooq D/ o Mr. Farooq Ahmad Dar R / o Warpora Dar Mohalla, Pattan , District Baramulla vide Notification No. 716 dated 14-11-2014 for a period of one year has been extended till 14-12-2016 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. 52 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Sheikh Irfam Gulzar S/ o Mr. Gulzar Ahmad Sheikh R/ o Kaushray Kalan Mahind , Bijbeharsa A/P Bilal Colony , Iqbalabad , P/ O Mattan , Anantnag vide Notification No. 526 dated 03-08-2011 for a period of one year has been extended till 03-12-2016 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. 53 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Ashwani Kumar Sharma S/ o Mr. Balram Sharma R/ o Rajal , Nowshera , Rajouri vide Notification No. 750 dated 03-02-2011 for a period of one year has been extended till 03-02-2017 subject to the verification of Certificates/ Degrees .
214 The J & K Govt . Gazette , 25th August , 2016/3rd Bhad . , 1938. [ No. 21
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. 54 Dated 16-04-2016.
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Shams- ul- Qamar Wani S/ o Mr. Mohd Yousf Wani R/ o Charar- i- Sharief, Trajibal , Ward No. 2 , Budgam , A/P H. No. 613 , Sector- 1 , Janipur, Pamposh Colony, Jammu vide Notification No. 1188 dated 24-02-2015 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.
Notification
No. 55 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Waseem Farooq S/ o Mr. Farooq Hussain R/ o Near Mini Bus Stand , Hidyal Street No. 64, Kishtwar A/P H. No. 613 , Lane - 1 , Pamposh Colony, Jammu vide Notification No. 1182 dated 24-02-2015 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.
No. 21 ] The J& K Govt . Gazette , 25th August, 2016/3rd Bhad . , 1938. 215
Notification
No. 56 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Karan Sharma S/ o Mr. Kidar Sharma R/o H. No. 258 , Mast Garh, Jammu vide Notification No. 1041 dated 28-12-2011 for a period of one year has been extended till 28-12-2016 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. 57 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Mr. Mohd Ajaz Khan S/ o Mr. Mohd Basharat Khan R / o Dhargloom , Tehsil Balakote , District Poonch vide Notification No. 891 dated 22-12-2014 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. 58 Dated 16-04-2016 .
Provisional admission granted under Advocates Act , 1961 in favour of Ms. Aarti Bahl D/ o Mr. Rajinder Bhal R/ o 7.8 Patel Bazar , Purani Mandi , Jammu vide Notification No. 902 dated 23-12-2014 for a period of one year has been extended till 15-12-2016 subject to the verification of Certificates / Degrees .
216 The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad. , 1938. [ No. 21
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. 59 Dated 16-04-2016.
Provisional admission granted under Advocates Act , 1961 in favour of Ms. Rabia Khursheed D/ o Mr. Khursheed Ahmad Baba R / o Sheeri , Baramulla vide Notification No. 536 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 .
( Sd . ) MOHAMMAD YASIN BEIGH ,
Joint Registrar (Admn .) .
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
[ No. 21
Vol . 129 ] Srinagar , Thu. , the 25th August, 2016/3rd Bhad . , 1938.
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 , HOME DEPARTMENT .
Subject :-Posting of Shri S. Gopal Reddy , IPS ( JK : 85 ).
State Administrative Council Decision No. 24/3/2016
References :-( i )
dated 03-03-2016 .
( ii) Government Order Rt . No. 538 dated 01-03-2016 of the Government of Telengana.
Government Order No. 157 -Home of 2016
Dated 15-03-2016 .
Consequent upon his joining the Police Headquarters on 14th March , 2016 , after his repatriation from inter - cadre deputation , 250 The J & K Govt . Gazette , 25th August , 2016/3rd Bhad. , 1938. [No. 21
Shri S. Gopal Reddy , IPS (JK : 85) is hereby posted as Commandant General , Home Guards / CD / SDRF , J & K against an available vacancy with immediate effect .
By order of the Government of Jammu and Kashmir .
(Sd. ) R. K. GOYAL, IAS ,
Principal Secretary to Government ,
Home Department .
GOVERTMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT-GENERAL ADMINISTRATION DEPARTMENT ( ADMINISTRATION) .
Subject :-Amendment in the Gazetted and Subordinate Service Recruitment Rules -clarification thereof.
Circular No. 17 -GAD of 2016
Dated 14-03-2016 .
In terms of SRO - 438 dated 11-12-2015 , an amendment in the Gazetted and Subordinate Service Recuitment Rules was carried out by incorporating a provision for conducting written test by the selection agencies for selection against all the advertised posts .
To clarify whether SRO - 438 dated 11-12-2015 shall be applicable to the posts advertised prior to 11-12-2015 ( date of issuance of SRO - 438 ) , Department of Law , Justice and Parliamentary Affairs was consulted in the matter , which has advised as under :-
"Every law , rule , notification or order is effective prospectively unless there is an express provision for applying the same retrospectively. In other words , retrospective operation has to be expressly provided . Notification SRO- 438 of 2015 has been issued on 11th December , 2015 and shall have a prospective effect . This notification will be applicable to the selections made after issuance of this No. 21 ] The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad. , 1938. 251
notification and the selection processes already initiated before issuance of this notification is to be conducted as per rules in vogue before issuance of notification SRO - 438 of 2015."
Accordingly , all the concerned selection agencies are advised to follow the aforementioned opinion of Department of Law , Justice and Parliamentary Affairs .
(Sd. ) HARIS AHMAD HANDOO , KAS , Additional Secretary to the Government .
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- DEPARTMENT OF LAW , JUSTICE AND PARLIAMENTARY AFFAIRS (Judicial Administration Section) .
Subject : Appointment of Additional Advocates General and Deputy Advocates General for the Jammu Wing of the Hon'ble High Court.
Government Order No. 1195 - LD (A) of 2016
Dated 17-03-2016 .
In supersession of all previous orders on the subject , sanction is accorded to the appointment of the following Advocates as Law Officers in the Jammu Wing of the High Court with designation as shown against each :-
S. Name of the Law
Designation
No. Officer
1
2
3
S/ Shri
01. S. S. Nanda
Senior Additional Advocate General 252 The J & K Govt . Gazette , 25th August, 2016/3rd Bhad . , 1938. [No. 21
1 2 3
02. Smt . Seema Khajuria 03. Ravinder Gupta
04. Waseem Sadiq Nargal 05. Ajay Sharma
06. S. Rupinder Singh 07. P. S. Chandel
08. Aseem Sawhney
09. Mrs. Deepika Mahajan 10. Vishal Bharti
11. Ranjit Singh Jamwal 12. Amit Gupta
Additional Advocate General Additional Advocate General Additional Advocate General Additional Advocate General Additional Advocate General
Deputy Advocate General Deputy Advocate General Deputy Advocate General Deputy Advocate General Deputy Advocate General Deputy Advocate General
The said appointments shall be governed by the terms and conditions as laid down in Government Order No. 1906 - LD ( A) of 2015 dated 22-06-2015 .
By order of the Government of Jammu and Kashmir .
(Sd . ) MOHAMMAD ASHRAF MIR ,
Commissioner/ Secretary to Government , Department of Law , Justice and Parliamentary Affairs .
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- REVENUE DEPARTMENT .
Notification No. 15 - Rev ( LAJ) of 2016
Dated 16-03-2016 .
Whereas , the land , specifications whereof are given below , is required for construction of "Right Approach Road from University No. 21 ] The J & K Govt . Gazette , 25th August, 2016/ 3rd Bhad . , 1938. 253
Sirah to Jhajjar Bridge " in Village Sirah , Tehsil Katra , District
Reasi
Specifications
District
Tehsil
Area
Khasra Nos .
Village
Κ . Μ .
Katra
Sirah
174
Reasi
00-11
00-10
175
179 15-17
Whereas , on the basis of an indent placed by Executive Engineer , PW ( R & B ) Department, Division Katra vide No. 4103-10 dated 09-03-2011 , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition (ACR) , Reasi vide No. Col./LA/ACR/Reasi/15/718- 721 dated 19-01-2016 for land measuring 16 Kanals 18 Marlas situated in Village Sirah , Tehsil Katra , District Reasi ; and
Whereas , the notification issued by the Collector , Land Acquisition (ACR) , Reasi under section 4 ( 1 ) of the J& K State Land Acquisition Act, was served upon the interested persons for filing objections ; and Whereas , the Collector , Land Acquisition (ACR ) , Reasi vide his letter No. Coll./LA/ACR/Reasi/15/837-841 dated 20-02-2016 has informed that no objection was received within the stipulated period under section 5 - A of the Land Acquisition Act ; and Whereas , the report furnished by Collector , Land Acquisition (ACR) , Reasi vide his letter referred to above , duly endorsed by Deputy Commissioner , Reasi vide his No. DC /Rsi/ 15-16/ 2818-19/ SQ dated 20-02-2016 , Divisional Commissioner , Jammu vide his No. 502/ 2577 / Acq/ Sirah/ SMVD / Rsi/ 16/ 3153-55 dated 29-02-2016 and Finiancial Commissioner ( Revenue) , J& K vide his No. FC - LS /LA- 4457/2016 dated 14-03-2016 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ; and
Whereas , the Government is satisfied that the land particulars whereof are mentioned above , is required for public purposes viz . construction of " Right Approach Road from University Sirah to Jhajjar Bridge " in Village Sirah , Tehsil Katra , District Reasi .
Now , therefore , in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990 , it is declared that the land measuring [No. 21
254 The J & K Govt . Gazette , 25th August, 2016/ 3rd Bhad. , 1938.
16 Kanals 18 Marlas details whereof are given above is required for a public purpose viz . construction of " Right Approach Road from University Sirah to Jhajjar Bridge " in Village Sirah , Tehsil Katra , District Reasi . Further , the Collector , Land Acquisition (ACR) , Reasi 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 .
However , the Collector concerned shall be personally responsible for proper title verification of all types of land involved in the case , identification of all the interested persons /rightful claimants and apportionment of compensation thereof in accordance with the relevant laws/ rules in force , while making the award .
(Sd . ) MUHAMMAD AFZAL , IAS ,
Secretary to the Government , Revenue Department .
GOVERNMENT OF JAMMU AND KASHMIR , CIVILSECRETARIAT - REVENUE DEPARTMENT .
Notification No. 16 - Rev ( LAJ) of 2016
Dated 16-03-2016 .
Whereas , the land, specifications whereof are given below, is required for construction of " Right Approach Road from University Sirah to Jhajjar Bridge " in Village Sool , Tehsil Katra , District Reasi
Specifications
Tehsil
District
Khasra No. Area
Village
1
2
3
4
5
K. M. S
02-01-0
1135
Katra
Sool
Reasi
01-12-0
1133
1126 23-09-1 No. 21 ] The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad. , 1938. 255
5
1
2
3
4
K. M. S.
1097
1110 00-05-0
Whereas , on the basis of an indent placed by Executive Engineer, PW ( R & B ) Department , Division , Katra vide No. 4103-10 dated 09- 03-2011 , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition ( ACR) , Reasi vide No. Col./LA/ACR/Rsi/15/722-725 dated 19-01-2016 for land measuring 27 Kanals 09 Marlas and 01 Sirsai situated in Village Sool , Tehsil Katra , District Reasi ; and
Whereas , the notification issued by the Collector , Land Acquisition (ACR) , Reasi under section 4 ( 1 ) of the J & K State Land Acquisition Act, was served upon the interested persons for filing objections ; and Whereas , the Collector , Land Acquisition ( ACR) , Reasi vide letter No. Coll./LA/ACR/Reasi/15/847-851 dated 20-02-2016 has informed that no objection was received within the stipulated period under section 5 - A of the Land Acquisition Act ; and
Whereas , the report furnished by Collector , Land Acquisition (ACR) , Reasi vide his letter referred to above , duly endorsed by Deputy Commissioner , Reasi vide his No. DC/ Rsi / 15-16/2820-21 / SQ dated 20-02-2016 , Divisional Commissioner , Jammu vide his No. 502/2578/ Acq/ Sool/ SMVD /Rsi/ 16/3150-52 dated 29-02-2016 and Financial Commissioner ( Revenue ) , J & K vide his No. FC - LS /LA- 4456 / 2016 dated 14-03-2016 has examined and it has been found that the land owners did not file any objection to the proposed acquisition ; and
Whereas , the Government is satisfied that the land particulars whereof are mentioned above , is required for public purposes viz . construction of " Right Approach Road from University Sirah to Jhajjar Bridge " in Village Sool , Tehsil Katra , District Reasi .
Now , therefore , in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990, it is declared that the land measuring 27 Kanals 09 Marlas and 01 Sirsai details whereof are given above is required for a public purpose viz . construction of "Right Approach Road from University Sirah to Jhajjar Bridge " in Village Sool , Tehsil Katra , District Reasi . Further, the Collector , Land Acquisition (ACR ) , Reasi is directed under section 7 of the said Act to take order for 256 The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad . , 1938. [No. 21
acquisition of the said land after giving prescribed notice to the interested person ( s ) as required under the Land Acquisition Act/Rules .
However , the Collector concerned shall be personally responsible for proper title verification of all types of land involved in the case , identification of all the interested persons /rightful claimants and apportionment of compensation thereof in accordance with the relevant laws / rules in force , while making the award.
(Sd . ) MUHAMMAD AFZAL , IAS ,
Secretary to the Government , Revenue Department .
7JAMMU & KASHMIR
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 129 ] Srinagar, Thu. , the 25th August , 2016/ 3rd Bhad . , 1938. [ No. 21
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART II-A
Orders by Heads of Departments .
CHARGE REPORTS
In pursuance to Government Order No. 868 - GAD of 2016 dated 08-08-2016 , we the undersigned handover and takeover the charge of the post of Director, Information , J & K Government , today the 9th of August , 2016 (Afternoon ) .
( Sd . ) BASHIR AHMAD DAR , KAS ,
Relieved Officer .
( Sd . ) DR . SHAHID IQBAL CHOUDHARY, IAS ,
Relieving Officer.
42 The J& K Govt . Gazette , 25th August , 2016/ 3rd Bhad. , 1938. [ No. 21
Subject :-Charge report .
In pursuance of Government Order No. 543 - GAD of 2016 dated 24-05-2016 , issued by the General Administration Department , I hereby assume the charge of the post of Media Consultant to the J & K Government today on 25th May, 2016 (F. N. ) .
( Sd . ) SYED SUHAIL BUKHARI ,
Media Consultant to the J & K Government .
7 JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 129 ] Srinagar, Thu. , the 25th August, 2016/3rd Bhad . , 1938. [No. 21
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 .
OFFICE OF THE COLLECTOR , LAND ACQUISITION (ADDITIONAL DEPUTY COMMISSIONER ) , KISHTWAR .
Subject : Acquisition of land for Reservoir of Pakal Dool H. E. Power Projects at Village Lopara , Tehsil Dachan , District Kishtwar .
Notice
In exercise of powers conferred upon me under sections 9 & 9A of the J & K State Land Acquisition Act , I , Kishori Lal Sharma ( KAS ) , Collector, Land Acquisition ( Additional Deputy Commissioner ) , Kishtwar, hereby require all the interested persons 294 The J& K Govt . Gazette , 25th August, 2016/3rd Bhad. , 1938. [No. 21
i . e . land owners and Indenting Department to appear personally or through an agent to file objections , if any, regarding the amount of compensation to be assessed , interested in land as well as objection to the measurement of land within 15 days from the date of publication/ issuance of this notice . The particulars of land are as under : -
Tehsil
Kharsa
District
Area
Village
Nos .
1
2
3
4
5
Κ. Μ.
05-09
Kishtwar
Dachan
1296 min
Lopara
1299 min 01-17 1300 min 02-09 1300 min 02-02 1301 00-09 1302 02-09 1303 00-17 1304 00-16 1305 00-14 1306 min 00-16 1306 min 00-16 1306 min 00-09 1349/2 04-02 1496 01-11 1500 min 04-02
No. 21 ] The J& K Govt . Gazette, 25th August , 2016/ 3rd Bhad . , 1938. 295
1
2
3
5
4
Κ. Μ .
1500 min 00-10
1500 min 01-00
1502 min 03-00
1502 min 04-00
1921
00-08
1960
00-19
1961
00-03
1962
04-08
1963
00-05
1964
04-01
1965
00-02
1966
00-17
1967
01-18
1968
00-10
1969
00-05
1972
03-15
1973 min 00-15
01-02
1974 min
3441/2226
01-05
3442/2240
04-00 296 The J & K Govt . Gazette , 25th August, 2016/3rd Bhad. , 1938. [No. 21
1
2
3
5
4
Κ. Μ.
3443/2240
00-10
3444/2240
02-00
3445/2240
01-05
2241
04-07
2242
04-04
3435/2243
03-00
3436/2243
01-10
3437/2243
01-00
3438/2243
01-00
3457/2243
03-01
3456/2243 min 06-16
3456/2243 min 45-10
2244
01-14
2245
01-11
min 09-04
2247
2248 min 03-05
2248 min 06-10
3353/2262
10-04
00-08
3354/2262 min
05-00
3354/2262 min No. 21 ] The J & K Govt . Gazette, 25th August , 2016/3rd Bhad. , 1938. 297
4
1
2
3
5
6
Κ. Μ.
min 57-19
3354/2262
137-15
2328 min
2524
09-02
2525
02-07
2526
02-01
2527 min 00-04
02-17
2527 min
3500/2528
00-12
3501/2528
00-11
2529
00-05
2530
01-18
2530/1
00-03
2767
01-00
2768
01-00
Total
391-14
( Sd . ) KISHORI LAL SHARMA , KAS ,
Collector , Land Acquisition
(Additional Deputy Commissioner ) ,
Kishtwar .
298 The J& K Govt. Gazette, 25th August, 2016/3rd Bhad . , 1938. [No. 21
OFFICE OF THE COLLECTOR , LAND ACQUISITION, POWER GRID CORPORATION OF INDIA LTD . , NARWAL - II BALA , BY- PASS ROAD , JAMMU .
No. N2JM /PGCIL/ CLA/ 2016/ 3276-82
Dated 04-03-2016 .
Subject :-Notification under section 4 ( 1 ) of Land Acquisition Act , 1990
Samvat as amended up- to -date .
In exercise to powers 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 04 Kanlas 02 Marlas of Village Duga and Khori of Tehsil Drabshalla and District Kishtwar, particulars of which shown below is likely to be acquired for public purpose namely construction of 400 KV D / C Dulhasti - Kishenpur Transmission Line : -
District
Tehsil
Area
Village
Nos . Location Khasra Nos .
Κ. Μ .
45
291/185/1 00-19
Kishtwar Drabshalla Dugga
46
239 01-08
Khori
169 00-12
47
170 01-03
Total 04-02
Any objections to the acquisition of the said land shall be filed to the undersigned within 15 days from the date of publication of No. 21 ] The J & K Govt . Gazette, 25th August , 2016/3rd Bhad. , 1938. 299
this notification . After expiry of the time no objection 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 ASSISTANT COMMISSIONER ( REV) , COLLECTOR , LAND ACQUISITION , PWD , ANANTNAG .
Notification under Section 4
In exercise of powers as vested under section 4 ( 1) of State Land Acquisition Act , Svt . 1990 , I, Syed Shabir Ahmad ( KAS ) , Collector, Land Acquisition , PWD , Anantnag do hereby notify that the land as per particulars and description given below is needed for public purpose namely Construction of Doru Sadiwara Lower Munda R&B Road .
Objections , if any , with regard to acquisition of the said land are invited from concerned interested parties within a period of 15 days from the date of publication . The objections shall be received in the office of the undersigned during office hours . However this notification is issued with presumption of account of changes either effected or detected lateron viz . Mortgage/ Sale /Gift/ occupancy 300 The J& K Govt. Gazette , 25th August , 2016/3rd Bhad . , 1938. [No. 21
etc. in alignment and possessions affected during the course of acquisition from time to time .
District
Tehsil
Area
Kh . No.
Village
K. M. S
Doru
Munda
246 min 00-01-012
Anantnag
Total area 00-01-012
(Sd . ) .
Collector, Land Acquisition , PWD ,
Anantnag .
OFFICE OF THE ASSESSING AUTHORITY, COMMERCIAL TAXES CIRCLE ( N) , JAMMU .
Notification
(Under Rule 6 (1 ) of the CST Act , Rules 1958 )
It has been reported by M/ s . A & A Trading Corporation having its registered Office at Talab Tillo having TIN 01951170984 that C- Form number mentioned below has been misplaced and the matter stands published in the following newspapers : -
1. Danik Jagran
2. Daily Excellsior
Hence , the below noted C -Form are hereby declared as invalied for the purpose of sub - section (4) of section 8 of the CST Act , 1956 .
No. 21 ] The J& K Govt . Gazette , 25th August , 2016/3rd Bhad . , 1938. 301
Any body fraudulenly using the said C - Form will render himself liable for penal action as per law .
The persons who finds the said form will please return the same to the undersigned .
1
No. of ' C ' Form :
Sl . No. of ' C ' Form : 05V- 348236
Name and Address of : the dealer M/ s . A& A Trading Corporation
Registration No. of : 01951170984 the dealer
Lost
Whether lost/ stolen or destroyed
Address of the dealer : Nil to whom ' C ' Form were issued .
(Sd.)
Assessing Authority, Commercial Taxes , Circle N , Jammu .
Notice
I , No. 3993586 - K Ex - Sep . Vijay Kumar S / o Sh . Joginder Singh R/ o 492 / A , Digiana , Jammu , appling for the change of my wife's name from Smt. Babli Choudhary to Smt . Babal Kumari in my office record of Dogra Regt . , Faizabad ( UP) and also in PPO PCDA , Allahabad Record . Now my wife name is Smt . Babal Kumari . Objections , if any, may be conveyed to Dogra Regt. , Faizabad (UP) , PCDA , Allahabad within one week .
302 The J& K Govt . Gazette, 25th August , 2016/3rd Bhad . , 1938. [No. 21
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR , LAND ACQUISITION , BUDGAM .
Subject :-Land Acquisition case
(Notification under section 4-1)
In exercise to powers vested to me under section 4 ( 1 ) of Land Acquisition Act , Samvat , 1990 I , Naseer Ahmad Wani ( KAS ) , Collector, Land Acquisition/Assistant Commissioner, Revenue , Budgam do hereby notify the land particulars whereof are given below is required for public purpose : -
District
Tehsil
Area
Village
Khasra No.
K. M. S.
Chari - Sharief Chari - Sharief
206 min 00-02-114
Budgam
Objection , if any, in this regard may be received by this office within fifteen days from the publication of this notice .
(Sd).
Collector , Land Acquisition, Assistant Commissioner ( Rev.)
Budgam.
JAMMU & KASHMIR
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 129 ] Srinagar, Thu. , the 25th August , 2016/3rd Bhad. , 1938. [ No. 21
Separate paging is given to this part in order that it may be filed as a separate compilation.
ADVERTISEMENTS - C
GOVERNMENT OF JAMMU AND KASHMIR .
OFFICE OF THE GENERAL MANAGER , RANBIR GOVERNMENT PRESS , JAMMU (TAWI)-180005 .
Extension Short Term Tender Notice
Due to poor response , the date of receipt of the tenders invited vide this office Short Term Tender Notice No. RGPJ/ 16-21 dated 02-02-2016 for the rate contract of " Spare Parts of Colourgraph Machine No. 3 ( Size 20 " x30 " ) , NBG - 1 and Single Colour Sheetfed Offset Machine Model SOM - 136 " is hereby extended up to 30-08-2016 till 11.00 A. M. The others terms and conditions shall remain unchanged .
( Sd. ) F. H. QADRI ,
General Manager .
[No. 21 94 The J & K Govt . Gazette , 25th August, 2016/3rd Bhad . , 1938 .
GOVERNMENT OF JAMMU AND KASHMIR , DIRECTORATE OF SAINIK WELFARE , AMBPHALLA , JAMMU - 180005 .
Advertisement Notice 105 - ESTT/ DSW/ 2016
Dated 29-08-2016 .
1. Applications are invited on the prescribed Proforma as per Appendix ' A' to this notification from the ex - servicemen of the concerned District of J & K State for the under mentioned posts . The candidates who have already applied against the earlier advertisement Notice No. 10 - Estt/ DSW/ 2016 dated 30 April , 2016 need not to apply again :-
Post
Qualification
No. of Pay Scale Post
(i) Peon-
01 IS 4440-7440 withGP 1300/- cum- Chowkidar, ZSWO , Srinagar,
01
(ii) Peon-cum- Chowkidar, ZSWO , Leh ,
Place Posting
ZSWO ,
Srinagar
ZSWO ,
Sainik
Sarai ,
Leh Leh
(i) Should be minimum Matric and Maximum 10+ 2 (Anex - serviceman who has passedArmy First Class Certificate and has put in 15 years of service in the Armed Forces shall be considered to be a Matriculate) .
(ii) Should bear an Exemplary Character at the time of retirement from Defence Services .
(iii) Chowkidar, 01 Sainik Sarai , Leh(District Cadre)
2. The candidates should not be less than 34 years or more than 52 years of age as on 01 January, 2016 .
3. Service terms and conditions and emoluments applicable as per relevent service rules of the State Government will apply.
4. Application forms should reach their concerned Zila Sainik Welfare Office by 15 Sep , 2016 positively duly completed in all respects along with following documents , duly attested :-
(a) Matriculate Certificate with Date of Birth .
(b) Permanent Resident Certificate .
No. 21 ] The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad . , 1938. 95
(c) Attested copy of Discharge Certificate .
Character Certificate .
(d)
(e) Qualification Certificate .
( f) Marks Certificate of each examination passed.
(g) Experience Certificate , if any.
(h) A self addressed envelope duly stamped .
5. Incomplete applications will not be considered . The department has full right to reject the application forms not meeting the eligibility. Eligible ex - servicemen will have to appear for interview at the place , to be intimated later, at their own expense . The candidates who apply for the post and do not get call letters for Written Test/Interview will not seek reasons for rejection of their applications from the department .
( Sd. ) BRIG. HARCHARAN SINGH ( Retd . ) ,
Director, Sainik Welfare .
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE SUPERINTENDENT, CENTRAL JAIL, SRINAGAR .
Tender Notice for Dietary and other Miscellaneous Items for Central Jail , Srinagar .
NIT
Dated 22-08-2016 .
Sealed tenders affixed with revenue stamps for an amount of Rs . 5/ - on behalf of Governor of Jammu and Kashmir State are invited from the original manufacturers /authorized distributors / dealers registered with the Sales Tax Department for supply of Dietary, and other Miscellaneous items for Central Jail , Srinagar, for the year 2016-17 as per Annexure ' 1 ' , ' 2 ' , ' 3 ' , ' 4 ' , ' 5 ' , ' 6' , ' 7 ' & ' 8 , to the Original NIT. The intending tenderer/s shall have to 96 The J & K Govt . Gazette , 25th August , 2016/ 3rd Bhad . , 1938. [No. 21
attach earnest money in the shape of CDR/ FDR from any Nationalized/ Scheduled Bank to be pledged to the Superintendent , Central Jail , Srinagar for an amount to the extent shown against each below :-
Amount of Earnest Money ( CDR/ FDR)
Particulars
ForC/ J , Srinagar
Name of theGroup
Rs . 50,000.00
Group -A Supply of Fresh Vegetable
Rs . 1,00,000.00
Group -B Supply of Pulses , Cereals , Spices and other dietary items
Rs . 20,000.00
Group -C Supply of Mutton (Halal / Jhatka ) /Dressed Chicken
Rs . 25,000.00
Group -D Supply of Toiletries and other Miscellaneous items
Rs. 5,000.00
Group - E Supply of Sports items
Rs . 30,000.00
Group -F Supply of Hardcoke , Charcoal , Rejection Wood and Kangries
Rs . 10,000.00
Supply of Clothing items
Group-G
Rs . 5,000.00
Supply of Milk Products
Group -H
The tender documents can be had against cash payment of Rs . 1000/- ( Rupees one thousand only ) non - refundable on all working days from the Office of the Superintendent , Central Jail , Srinagar up to 12-09-2016 at 1400 hours .
The last date of receipt of sealed tender/ s has been fixed as 17-09-2016 up to 1400 hours in the Office of Superintendent, Central Jail , Srinagar. In case 17-09-2016 is declared a Government holiday the sealed tender/ s shall be received and next working day up to 1400 hours . The date/venue for opening of sealed tender shall be intimated separately .
The supply order shall be placed in favour of approved tender by the Superintendent, Central Jail , Srinagar, indicating in the supply order the quantity of supplies to be made (based on their optimum requirement keeping in view the population of Jails ) and the period which supplies shall be made.
(Sd .) .
Superintendent , Central Jail , Srinagar .
81
ضمیمہج۔
رجسٹرڈنمبرجےکے33
JAMMU & KASHMIR
جموںوکشمیرگورنمنٹگزٹ
جلدنمبر129-سرینگر۔مورخہ25اگست2016ءبمطابق3بھادرا1938وپروارنمبر21
اشتہارات
ازعدالتسبحججوڈیشلمجسٹریٹدرجہاولجموں
سرکاربنامجگپریتسنگھوغیرہ
چالاننمبر32/چالان،دائرہ2012-06-13
کارروائی512ضف NDHI - 10-02-2016 علتنمبر20سال2012ء،تھانہپولیسباغباہو
بجرائمزیردفعات341/323/325
82-جموںوکشمیرگورنمنٹگزٹنمبر21مورخہ25اگست2016ءبمطابق3بھادرا1938-ضمیمہج
وارنٹگشتیبمنشاءزیردفعہ512ضف
بخلافملزم:گورمیتسنگھولدگوردیپسنگھساکنہگنگیالنزدسنتپالسکولجموں
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںآپکوحکمواختیاردیاجاتاہےکہآپملزم متذکرہبالاکوجبکبھیاورجہاںکہیںاندرحدودریاستجموںوکشمیردستیابہوکو گرفتارکرکےعدالتمجازمیںپیشکریںوارنٹگشتیتاستیابیملزمزیرکاررہےگا وارنٹہذآجمورخہ2016-01-16کےبعددستخطراقمومہرعدالتہذا سےجاریہوا۔
سرکاربنامسنجیوکماروغیره
چالاننمبر212/چالان،دائرہ2015-12-29،فیصلہ2015-12-29
کارروئی512ضف
علتنمبر43سال2008ء،تھانہپولیسگنگیال
بجرائمزیردفعات407/2014
وارنٹگشتیبمنشاءزیردفعہ512ضف
بخلافملزم:(1)سنجیوکمارولددھرمچندساکنہکوٹلیتحصیلگوپالپورضلعمنڈی(HP) ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر21مورخہ25اگست2016ءبمطابق3بھادرا1938-83
(2)وشالیادوولداومپرکاشیادوساکنہ-1118وکاسوہار،نیودلی
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںآپکوحکمواختیاردیاجاتاہےکہآپملزم متذکرہبالاکوجبکبھیاورجہاںکہیںاندرحدودریاستجموںوکشمیردستیابہوکو گرفتارکرکےعدالتمجازمیںپیشکریں۔وارنٹگشتیتاستیابیملزمزیرکاررہےگا وارنٹہذآجمورخہ2015-12-29کےبعددستخطراقمومہرعدالتہذا سےجاریہوا۔
دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔
ازعدالتڈسٹرکٹموبائلمجسٹریٹٹریفکڈوڈہ
سرکاربذریعہتھانہپولیسڈوڈہبناممحمدرفیقوغیرہ
مثلنمبر19/چالان،متدائره2013-06-04
علتنمبر125سال2013ء،تھانہپولیس
جرمزیردفعہRPC420
وارنٹگشتیبمنشاءزیردفعہ512ضف
بخلافملزم:محمدرفیقولدمحمداکبربٹساکنہراجباغسرینگرحالسلیمہراجوری حالبٹمحلہڈوڈہ۔
84۔جموںوکشمیرگورنمنٹگزٹنمبر21مورخہ25اگست2016ءبمطابق3بھادرا1938ضمیمہج
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر۔
مقدمہمندرجہعنوانالصدرمیںملزممتذکرہبالابعدارتکابجرمروپوشہوچکا ہے۔دستیابیکیسردستکوئیامیدنظرنہآرہیہےاورملزممتذکرہبالاکیتعمیلبطریق احسنہونیمشکلہینہیںبلکہناممکنہوچکیہےراقمکوبھیرپورٹتعمیلکنندہکی نسبتپورااطمینانہےکہواقعیملزممذکورکیدستیابیبطریقاحسنہونیناممکنہے۔
لہٰذاہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزممذکور جہاںکہیںبھیاندرحدودریاستجموںوکشمیردستیابہوتوگرفتارکرکےعدالتہذامیں پیشکریں۔۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
آجمورخہ18مئی2016ءراقمکےدستخطومہرعدالتسےجاریہوا۔
دستخط:ڈسٹرکٹموبائلمجسٹریٹ(ٹریفک)ڈوڈہ EXTRAORDINARY
REGD . NO . JK-33
JAMMU & KASHMIR
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 129 ] Srinagar, Fri. , the 8th July, 2016/17th Asad . , 1938. [No. 14-4
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 .
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- DEPARTMENT OF LAW , JUSTICE AND PARLIAMENTARY AFFAIRS
(Legislation Section)
Srinagar , the 8th July , 2016 .
The following Act as passed by the Jammu and Kashmir State Legislature received the assent of the Governor on 8th July , 2016 and is hereby published for general information : -
THE JAMMU AND KASHMIR ENTERTAINMENTS DUTY ACT, 2016 .
(Act No. IV of 2016)
[8th July , 2016. ]
An Act to provide for the Levy of an Entertainment Duty in respect of Admission to Public Entertainments and matter connected therewith or incidental thereto .
2
[No. 14-4
The J& K Govt . Gazette , 8th July , 2016/17th Asad. , 1938.
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 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 :
3
No. 14-4] The J& KGovt . Gazette , 8th July, 2016/ 17th Asad. , 1938 .
(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 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 ;
4
[No. 14-4
The J& K Govt . Gazette , 8th July , 2016/17th Asad . , 1938.
(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 ;
(1 ) ' 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 ;
(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.
5
No. 14-4] The J& K Govt. Gazette , 8th July , 2016/ 17th Asad. , 1938.
(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 of the entertainment , which without the aid of such instrument or contrivance such person would not go ;
6
[No. 14-4
The J& K Govt . Gazette , 8th July , 2016/ 17th Asad . , 1938.
(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 with an entertainment , where admission is 7
No. 14-4] The J& K Govt. Gazette , 8th July , 2016/ 17th Asad . , 1938 .
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 8
[No. 14-4
The J& K Govt . Gazette , 8th July , 2016/ 17th Asad . , 1938.
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 ;
(13 (t) ' service provider ' includes any person licensed or registered under the Indian Telegraph Act , 1885 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 .
9
No. 14-4] The J& K Govt . Gazette , 8th July , 2016/17th Asad . , 1938 .
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 10
[No. 14-4
The J& K Govt . Gazette , 8th July , 2016/ 17th Asad . , 1938.
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 .
No. 14-4] The J& K Govt . Gazette , 8th July , 2016/ 17th Asad . , 1938. 11
(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 ) .
12
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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 No. 14-4] The J& K Govt. Gazette , 8th July , 2016/ 17th Asad. , 1938. 15
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 , 18
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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 .
to 16. Power 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 rpose 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 No. 14-4] The J& K Govt . Gazette , 8th July , 2016/ 17th Asad . , 1938. 23
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 24
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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 26
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due or being held so much of the money as is sufficient to pay the amount due by the duty payer in respect of the arrears of duty , interest , penalty or any other amount under this Act , or the whole of the money when it is equal
to or less than that amount .
(2) The Commissioner may amend or revoke any such notice or extend the time for making any payment in pursuance of the notice .
(3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the duty payer ,yer , and the receipt thereof by the Commissioner shall constitute a good and sufficient discharge of the liability of such persons to the extent of the amount specified in the receipt .
(4) Any person discharging any liability to the duty payer after receipt of the notice referred to in this section , shall be personally liable to the Commissioner to the extent of the liability discharged or to the extent of the liability of the dealer for unpaid duty , penalty and interest .
(5) Where a person to whom a notice under this section is sent , proves to the satisfaction of the Commissioner that the sum demanded or any part thereof is not due to the duty payer or that he does not hold any money for or on account of the duty payer , then , nothing contained in this section shall be deemed to require such person to pay any such sum or part thereof, as the case may be , to the Commissioner .
(6) Any amount of money which the aforesaid person is required to pay to the Commissioner , or for which he is personally liable to the Commissioner under this section shall , if it remains unpaid , be recoverable as if arrears of land revenue from the aforesaid person .
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(7) The Commissioner may apply to the court in whose custody there is money belonging to the duty payer for payment to him of the entire amount of such money or if it is more than the duty , interest and penalty , if any , due , an amount sufficient to discharge such duty , interest and the penalty .
34. Interest . If any proprietor fails to pay duty due as requried under the provisions of this Act or the rules made thereunder , he shall , in addition to duty ( including any penalty ) due , be liable to pay simple interest on the amount so due at one and a half per cent per month from the date immediately following the last date for payment of duty for a period of one month , and at two per cent per month thereafter so long as he continues to make default in such payment .
35. Bar on certain proceedings . No action shall lie against the Government or any of its officers or servant for any act done on purporting to be done in good faith under this Act a or the rules made thereunder .
36. Revision . The Commissioner may suo moto or on the application of a party to a reference call for and examine the record of any proceeding under this Act pending before , or disposed of by , any officer subordinate to him , and , if he is of opinion that the proceedings taken or order made should be modified , annulled , reversed or revised , he may pass such order thereon as he may deem fit :
Provided that the Commissioner shall not under this section pass an order modifying , annulling , reversing or revising any proceeding or order of a subordinate officer and affecting the proprietor without giving such proprietor an opportunity of being heard .
37. Rectification or review . ( 1 ) The Commissioner , or any person appointed under sub - section ( 2) of section 3 may , at any time within one year from the date of any order passed by the Commissioner 28
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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 No. 14-4] The J& K Govt . Gazette , 8th July , 2016/ 17th Asad. , 1938. 29
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 ;
(1 ) 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 .
( Sd .) ACHAL SETHI ,
Additional Secretary to Government , Department of Law, Justice and Parliamentary Affairs .