THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 129] Srinagar, Thu., the 25th August, 2016/3rd Bhad., 1938. [ No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
212-216
249-256
41-42
293-302
93-96
81-84
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.
––––––––
212 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [ No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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.
––––––––
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.
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. 215
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 I––B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
HOME DEPARTMENT.
Subject :—Posting of Shri S. Gopal Reddy, IPS (JK : 85).
References :––(i) State Administrative Council Decision No. 24/3/2016
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,
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
250 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938.
251
––––––––––––––––––––––––––––––––––––––––––––––––––––––
02.
Smt. Seema Khajuria
Additional Advocate General
03.
Ravinder Gupta
Additional Advocate General
04.
Waseem Sadiq Nargal
Additional Advocate General
05.
Ajay Sharma
Additional Advocate General
06.
S. Rupinder Singh
Additional Advocate General
07.
P. S. Chandel
Deputy Advocate General
08.
Aseem Sawhney
Deputy Advocate General
09.
Mrs. Deepika Mahajan
Deputy Advocate General
10.
Vishal Bharti
Deputy Advocate General
11.
Ranjit Singh Jamwal
Deputy Advocate General
12.
Amit Gupta
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
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
252 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sirah to Jhajjar Bridge” in Village Sirah, Tehsil Katra, District
Reasi :—
Specifications
District
Tehsil
Village
Khasra Nos.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Reasi
Katra
Sirah
174
00–11
175
00–10
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] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938.
253
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
District
Tehsil
Village
Khasra No.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S
Reasi
Katra
Sool
1135
02–01–0
1133
01–12–0
1126
23–09–1
254 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1097
00–02–0
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
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––-–
K. M. S.
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938.
255
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
256 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
––––––––
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.
42 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
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.
_______
i. e. land owners and lndenting 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 :–
District
Tehsil
Village
Kharsa
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kishtwar
Dachan
Lopara
1296 min
05–09
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
294 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
1974 min
01–02
3441/2226
01–05
3442/2240
04–00
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. 295
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
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
2247 min
09–04
2248 min
03–05
2248 min
06–10
3353/2262
10–04
3354/2262 min
00–08
3354/2262 min
05–00
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
296 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
3354/2262 min
57–19
2328 min
137–15
2524
09–02
2525
02–07
2526
02–01
2527 min
00–04
2527 min
02–17
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.
–––––––
1
2
3
4
5
6
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. 297
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
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-KishenpurTransmission Line :–
District
Tehsil
Village
Location
Khasra
Area
Nos.
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kishtwar
Drabshalla
Dugga
45
291/185/1
00–19
46
239
01–08
Khori
47
169
00–12
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
298 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. 299
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
etc. in alignment and possessions affected during the course of
acquisition from time to time.
District
Tehsil
Village
Kh. No.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S
Anantnag
Doru
Munda
246 min
00–01–01½
–––––––––
Total area
00–01–01½
–––––––––
(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.
300 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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.
No. of ‘C’ Form
:
1
Sl. No. of ‘C’ Form
:
05V-348236
Name and Address of
:
M/s. A&A Trading
the dealer
Corporation
Registration No. of
:
01951170984
the dealer
Whether lost/stolen
:
Lost
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.
––––––
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. 301
–––––––––––––––––––––––––––––––––––––––––––––––———–––––––––
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
Village
Khasra
Area
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Budgam
Chari-Sharief
Chari-Sharief
206 min 00–02–114
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.
302 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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.
–––––––
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
No. of Pay Scale
Qualification
Place
Post
Posting
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(i) Peon-
01
IS 4440-7440
(i) Should be minimum
ZSWO,
cum-
with GP 1300/- Matric and Maximum 10+2
Srinagar
Chowkidar,
(An ex-serviceman who has
ZSWO, Srinagar,
passed Army First Class
ZSWO,
(ii) Peon-cum-
01
Certificate and has put in 15
Leh
Chowkidar,
years of service in the Armed
Sainik
ZSWO, Leh,
Forces shall be considered to
Sarai,
(iii) Chowkidar,
01
be a Matriculate).
Leh
Sainik Sarai,
(ii) Should bear an Exemplary
Leh (District
Character at the time of retirement
Cadre)
from Defence Services.
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.
94 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938.
[No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(c)
Attested copy of Discharge Certificate.
(d)
Character Certificate.
(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
No. 21] The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938.
95
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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)
Name of
Particulars
For C/J, Srinagar
the Group
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Group-A
Supply of Fresh Vegetable
Rs. 50,000.00
Group-B
Supply of Pulses, Cereals, Spices and
Rs. 1,00,000.00
other dietary items
Group-C
Supply of Mutton (Halal/Jhatka)/Dressed
Rs. 20,000.00
Chicken
Group-D
Supply of Toiletries and other
Rs. 25,000.00
Miscellaneous items
Group-E
Supply of Sports items
Rs. 5,000.00
Group-F
Supply of Hardcoke, Charcoal,
Rs. 30,000.00
Rejection Wood and Kangries
Group-G
Supply of Clothing items
Rs. 10,000.00
Group-H
Supply of Milk Products
Rs. 5,000.00
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.
96 The J&K Govt. Gazette, 25th August, 2016/3rd Bhad., 1938. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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 ;
2
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
[No. 14-4
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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 ;
No. 14-4]
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
3
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(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 ;
(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.
4
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
[No. 14-4
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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 ;
No. 14-4]
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
5
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(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
6
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
[No. 14-4
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
No. 14-4]
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
7
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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.
8
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
[No. 14-4
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
No. 14-4]
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
9
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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.
10
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
[No. 14-4
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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).
No. 14-4]
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
11
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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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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, 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
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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.
No. 14-4]
The J&K Govt. Gazette, 8th July, 2016/17th Asad., 1938.
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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.