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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 28, 13 October 2016

Published 13 October 2016

Gazette no.
28
Identifier
in.gazette.jammuandkashmir.2016-10-13.28
Languages
English, Urdu
Published at
Original source ↗

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS English Pages Vernacu- lar pages
PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART 11-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... 260-266 307-314 55-56 377-390 115-118 109-112

Printed at the Government Press, Srinagar.

260 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

Notification

No. 1100 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Nitan S/o Mr. Suraj Parkash R/o 547, Resham Ghar Colony, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/ LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-141/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1101 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Naman Sharma S/o Mr. Darshan Kumar Sharma R/o 109, Basohli, Ward No. 1, Kathua has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification of No. 28] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 261 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-140/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1102 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Ms. Neeraj Sharma D/o Mr. Varinder Kumar R/o Near Ram Ji Mandir, Ward No. 10, Kathua A/P Near Shiva Public School, Ward No. 16, Kathua has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/ LL.B Degree Certificate and verification of her character and antecedent from the concerned agency. Her name has been entered under Serial No. JK-139/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1103 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Mazish-ul-Haq S/o Mr. Basharat Ahmad Mattoo R/o Alamdar Basti, Charar-i-Sharief, District Budgam has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification 262 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-138/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1104 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Najam-u-Saqib S/o Mr. Qumar Ali Khan R/o Hyama Batpora, Trunard, Kupwara, A/P Anwar Abad, Salkote, Kupwara has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-137/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

–––––––

Notification

No. 1105 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Ammanullah Khan S/o Mr. Farooq Ahmad Khan R/o Galamabad Mawer, Mirpora, Langate, Kupwara has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name No. 28] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 263 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— has been entered under Serial No. JK-111/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

–––––––

Notification

No. 1106 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Ms. Assma Choudhary D/o Mr. Ch. Mohd Aslam R/o Extn. Sec.-D, Gulab Vihar, Sainik Colony, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/LL.B Degree Certificate and verification of her character and antecedent from the concerned agency. Her name has been entered under Serial No. JK-112/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

–––––––

Notification

No. 1108 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Ms. Anchal Misri D/o Mr. Ashok Misri R/o J-15, Migrant Flats, Butta Nagar, Muthi, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/LL.B Degree Certificate and verification of 264 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— her character and antecedent from the concerned agency. Her name has been entered under Serial No. JK-115/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

–––––––

Notification

No. 1109 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Ms. Anu Radha D/o Mr. Darshan Lal R/o Bishnah, Ward No. 1, House No. 63, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/LL.B Degree Certificate and verification of her character and antecedent from the concerned agency. Her name has been entered under Serial No. JK-116/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1112 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Ms. Binafish Zahoor D/o Mr. Zahoor Ahmad Baba R/o Qasha Baghat, Mohalla Shah Sahib, Anantnag has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/LL.B Degree Certificate and verification of her character and antecedent from the concerned agency. Her name No. 28] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 265 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

has been entered under Serial No. JK-119/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1113 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Dushant Kumar Sharma S/o Mr. Amrit Lal R/o Village Pangrain, Ghambir Brahamana, Manjakote, Rajouri, A/P Ward No. 13, Talwal, Rajouri has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification of his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-120/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1115 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Mr. Farhat Zaffar S/o Mr. Zaffar Ahmad Kaw R/o Gulshanabad, Charar- i-Sharief, Budgam has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his provisional/LL.B Degree Certificate and verification of 266 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— his character and antecedent from the concerned agency. His name has been entered under Serial No. JK-121/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

––––––––

Notification

No. 1116 Dated 17-03-2016.

It is hereby notified that vide High Court Order dated 15-03-2016 Ms. Fozia Shamim D/o Mr. Ghulam Mohd R/o Mohalla Khakhal, Near Old Post Office, Bhaderwah, Doda has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her provisional/LL.B Degree Certificate and verification of her character and antecedent from the concerned agency. Her name has been entered under Serial No. JK-122/2016 in the Roll of Advocates maintained by this Registry.

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

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Srinagar, Thu., the 13th October, 2016/21st Asv., 1938. [No. 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 23-Rev. (LAJ) of 2016

Dated 20-05-2016.

Whereas, the land, specifications whereof are given in

Annexure "A" to this notification, is required for construction of Pakul

Dul Hydroelectric Power Project at Village Chichha, Tehsil Dachan,

District Kishtwar ; and

Whereas, on the basis of an indent placed by Chief Engineer,

Kirthai I&II HEP, Kishtwar vide No. CE/Kirthai/HEPs/288-91 dated

26-10-2015, a notification under section 4(1) was issued by Collector, 308 The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. [No. 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Land Acquisition (ADC), Kishtwar vide No. ADCK/LA/42-48/14 dated

28-01-2014 for land measuring 51 Kanals, 17 Marlas situated at Village

Chichha, Tehsil Dachan, District Kishtwar ; and

Whereas, the Collector, Land Acquisition (ADC), Kishtwar

vide his letter No. ADCK/LA/297/15 dated 15-01-2016 reported that

the notification issued by him under section 4(1) of the J&K State

Land Acquisition Act, was served upon the interested persons for

filing objections, if any, to the proposed acquisition but no objection

was received within the stipulated period as required under sections

5&5-A of Land Acquisition Act ; and

Whereas, the report furnished by Collector, Land Acquisition

(ADC), Kishtwar vide letter referred to above duly endorsed by Deputy

Commissioner, Kishtwar vide No. DCK/LA/316-17 dated

04-01-2015, Divisional Commissioner, Jammu vide letter No. 502/2351/

Acq/Pakul Dul/Chichha/Ktr/16/3361-63 dated 24-03-2016 and Financial

Commissioner (Revenue), J&K vide his No. FC-LS/LA-4466/2016 dated

18-04-2016, 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 in Annexure "A" to this notification, is required

for public purposes i. e. for construction of Pakul Dul Hydroelectric

Power Project at Village Chichha, Tehsil Dachan, District Kishtwar.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that land measuring 51

Kanals 17 Marlas situated at Village Chichha,, Tehsil Dachan, District

Kishtwar details whereof are indicated in Annexure "A" to this

notification is required for public purposes viz. for construction of Pakul

Dul Hydroelectric Power Project. Further, the Collector, Land

Acquisition (ADC), Kishtwar 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.

No. 28] The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. 309 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved

in the case and apportionment of compensation amongst all the interested

persons/rightful claimants in accordance with the relevant laws/rules in

force, while making the award.

(Sd.) MUHAMMAD AFZAL, IAS,

Commissioner/Secretary to Government,

Revenue Department.

––––––––

Annexure "A" to Notification No. 23-Rev. (LAJ) of 2016

dated 20-05-2016.

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

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

K. M.

Kishtwar Dachan Chichha 1070 01–00

2059/1071 00–17

2060/1071 01–13

1072 00–03

1073 00–07

1074 00–06

1075 min 00–09

1075 min 00–14

1076 min 01–03

1076 min 00–05 310 The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. [No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

1077 00–09

1078 01–00

1079 00–04

1080 min 00–15

1080 min 01–12

1080 min 00–12

1080 min 00–16

1923/1086 01–07

1090 00–09

1095 00–10

1096 00–06

1097 00–19

1099 00–16

1098 01–14

1100 00–01

1101 01–15

1102 00–07

1968/1109 00–14 No. 28] The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. 311 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

1969/1110 00–01

1104 00–10

1105 01–00

1106 00–07

1107 01–19

1108 00–09

1967/1109 00–09

1970/1110 00–07

1172 04–18

1173 00–03

1174 00–05

1176 00–03

1175 00–08

1922/1178 07–07

1449 01–08

1450 00–03

1453 08–06

1451 01–09

1452 00–05

1454 00–17

––––––

Total 51–17

––––––

–––––––

312 The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. [No. 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, PLANNING AND DEVELOPMENT DEPARTMENT. (Area Planning Section)

Subject :—Nomination of Chairman of the District Development Boards.

–––––––

Government Order No. 201-PD of 2016

Dated 21-04-2016.

Pending constitution of District Planning and Development Boards in accordance with section 45 of the Panchayati Raj Act, 1989, as an interim arrangement for implementation of District Annual Plans in larger public interest, sanction is hereby accorded to the nomination of the Chairman of the District Development Boards shown against each as under with immediate effect :—

S. Name of the Hon'ble Chairman District No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

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

1. Ms. Mehbooba Mufti, Srinagar

Hon'ble Chief Minister

2. Dr. Nirmal Kumar Singh, Jammu and Samba

Hon'ble Deputy Chief Minister

3. Mr. Abdul Rehman Veeri, Pulwama and Shopian

Hon'ble Minister for Public Works and Parliamentary Affairs

4. Mr. Chander Parkash Budgam

Hon'ble Minister for Industries and Commerce

5. Mr. Ghulam Nabi Lone, Ganderbal

Hon'ble Minister for Agriculture Production No. 28] The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. 313 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

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

6. Mr. Bali Bhagat, Kishtwar

Hon'ble Minister for Health and Medical Education

7. Mr. Abdul Haq Khan, Baramulla and Kulgam

Hon'ble Minister for Rural Development and Panchayati Raj and Law and Justice

8. Mr. Lal Singh, Udhampur

Hon'ble Minister for Forest,

Ecology and Environment

9. Syed Basharat Ahmed Bukhari, Poonch

Hon'ble Minister for Revenue, Relief and Rehabilitation

10. Mr. Sajad Gani Lone, Doda

Hon'ble Minister for Social Welfare, ARI and Trainings

11. Mr. Haseeb A. Drabu, Anantnag

Hon'ble Minister for Finance, Culture and Labour and Employment

12. Mr. Chering Dorjay, Reasi

Hon'ble Minister for Co-operatives

13. Choudhary Zulfikar Ali, Kupwara

Hon'ble Minister for Consumer Affairs and Public Distribution

14. Mr. Sham Lal Choudhary, Kathua

Hon'ble Minister for PHE, Irrigation and Flood Control

15. Mr. Naeem Akther, Rajouri

Hon'ble Minister for Education 314 The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. [No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 16. Mr. Abdul Gani Kohli, Ramban

Hon'ble Minister for Animal, Sheep Husbandry and Fisheries

17. Mr. Imran Raza Ansari, Bandipora

Hon'ble Minister for Information Technology, Technical Education and Youth Services and Sports

By order of the Government of Jammu and Kashmir.

(Sd.) B. B. VYAS,

Financial Commissioner, Planning and Development Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Srinagar, Thu., the 13th Oct., 2016/21st Asv., 1938. [ No. 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

We Abhijeet Joshi (SFS) and Sh. Anup Kumar Soni (IFS) do hereby certify that we have respectively handedover and takenover the charge of Divisional Forest Officer, Doda Forest Division today on 03-09-2016 A. N. in pursuance of the Government Order No. 222-FST of 2016 issued vide Endstt No. FST/Ser/32/2016 dated 19-08-2016.

(Sd.) ABHIJEET JOSHI, SFS,

Relieved Officer.

(Sd.) ANUP KUMAR SONI, IFS,

Relieving Officer.

––––––––

56 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Subject :––Handing over/taking over the charge of the post of Secretary,

J&K Services Selection Board.

–––––––

In pursuance of Government Order No. 977-GAD of 2016 dated 07-09-2016, we the undersigned handover and takeover the charge respectively of Secretary, J&K Services Selection Board, today on 19-09- 2016 (A. N.).

(Sd.) S. A. RAINA, KAS,

Relieved Officer.

(Sd.) MUNIB-UL-HASSAN MALIK, KAS,

Relieving Officer.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Thu., the 13th Oct., 2016/21st Asv., 1938. [ No. 28

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

PART II––B

Notifications, Notices and Orders by Heads of Departments.

_______

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(SUB-DIVISIONAL MAGISTRATE), RAMNAGAR.

Notification under section 4 (1) of Land Acquisition Act No. X of 1990 (Svt.).

In exercise of the powers conferred upon me under sub-section (1) of section 4 of the Land Acquisition Act, 1990 BK, I, Anshul Garg, I. A .S., Collector, Land Acquisition (Sub-Divisional Magistrate), 378 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Ramnagar do hereby notify that the land, particulars of which are given below is likely to be needed for public purpose namely for construction of Ara to Touri under PMGSY road in Village Sunetar, Tehsil Ramnagar.

Objection, if any, to the acquisition of the said land will be received by the undersigned within fifteen (15) days from the date of publication of this notification.

Specification of land

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

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

K. M.

Udhampur Ramnagar Suneter 174 00–15

174 01–01

173 00–14

1038/178 min 08–10

175 01–05

1297/176 01–08

1298/176 00–17

170 min 00–02

169 min 00–12

169 min 00–12 No. 28 ] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 379 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

1 2 3 4 5

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

K. M.

170 min 00–03

156 min 00–15

155 min 01–01

1038/622 min 00–07

671 min 00–13

671 min 00–19

670 min 00–03

669 min 00–19

668 min 00–10

679 min 01–07

680 min 00–16

682 min 00–08

682 min 00–08

683 min 00–03

683 min 00–03

683 min 00–12

683 min 00–15 380 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5

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

K. M.

683 min 00–03

683 min 00–08

683 min 00–10

1032/695 min 01–06

1032/695 min 01–09

1032/695 min 02–07

1032/695 min 01–17

1032/695 min 00–11

1032/695 min 01–12

1032/695 min 01–00

1117/1116/1037/695 min 00–07

693 min 00–07

687 min 01–01

691 min 00–16

655 min 02–02

694 min 00–01 No. 28 ] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 381 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

1 2 3 4 5

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

K. M.

1117/1116/1037/695 min 00–18

1117/1116/1037/695 min 02–00

1037/695 min 00–14

1117/1116/1039/622 min 00–15

1038/622 min 01–16

1038/622 min 01–08

1038/622 min 00–13

651 min 00–15

651 min 00–07

1172/1142/1039/622 min 03–10

1038/622 min 01–08

1038/622 min 00–12

1038/622 min 02–19

1038/622 min 01–07

1038/622 min 00–03

1038/622 min 01–08 382 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5

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

K. M.

1038/622 min 03–02

1038/622 min 00–04

1038/622 min 00–03

1139/1039/622 min 01–09

1039/1039/622 min 01–10

1039/1039/622 min 01–13

1038/622 min 01–02

1038/622 min 01–14

1038/622 min 02–05

1038/622 min 00–19

1038/622 min 02–03

618 00–10

–––––

Total 79–02

–––––

(Sd.) ANSHUL GARG, I. A. S.,

Collector, Land Acquisition,

Ramnagar.

—–——

No. 28 ] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 383 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

GOVERNMENT OF JAMMU AND KASHMIR (REHABILITATION DEPARTMENT), OFFICE OF THE DEPUTY CUSTODIAN, EVACUEE'S PROPERTY, POONCH.

Notification

In pursuance of sub-section (1) of section 6 of the Jammu and Kashmir State Evacuee's (Administration of Property) Act VI of 2006, the undersigned is pleased to notify for general information the list of evacuees properties specified in the schedule annexed hereto which have vested to him.

Schedule

S. Description Locality No. ––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Land measuring 5 Marlas covered Village Kanoyian, under Khasra No. 1021 belonging Tehsil Haveli, to Mst. Jehi and others Evacuee District Poonch of 1947 illegal construction raised by Sh. Mohd Rafiq S/o Mohd Hussain with the following dimensions as under :—

2. Three Shops 10/x12/ each shops

3. Four Rooms 12/x12/ each

Store 10/x12/ Hall 30/x14/ Lobby 14/x14/ Bathroom 6/x5/, Tin Sheet Read in section 9A Evacuee Property Act, 2006

(Sd) A. R. SHEIKH,

Deputy Custodian, Evacuee's Property, District Poonch.

––––––

384 The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. [ No. 28 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR (REHABILITATION DEPARTMENT), OFFICE OF THE DEPUTY CUSTODIAN, EVACUEE'S PROPERTY, POONCH.

Notification

In pursuance of sub-section (1) of section 6 of the Jammu and Kashmir State Evacuee's (Administration of Property) Act VI of 2006, the undersigned is pleased to notify for general information the list of evacuees properties specified in the schedule annexed hereto which have vested to him.

Schedule

S. Description Locality No. ––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Land measuring 7 Kanals 4 Marlas Village Chandak,

covered under Khasra No. 1120/6-5, Tehsil Haveli, 1121/0-19 belonging to Mohd Ayub District Poonch Khan, Yaar Mohd Khan and others Sons of Sardar Faqir Ulla Khan Evacuee of 1947 illegal construction raised by Mushtaq Ahmed S/o Mohd Shife with the following dimensions as under :—

2. Four Shops 10/x20/ each shops

3. Rooms 16/x10/, 16/x28/, 8/x10/,

16/x10/ Read 9A Evacuee Property Act, 2006

(Sd) A. R. SHEIKH,

Deputy Custodian, Evacuee's Property, District Poonch.

––––––

No. 28 ] The J&K Govt. Gazette, 13th Oct., 2016/21st Asv., 1938. 385 –––––––––––––––––––––––––––––––––––––––––––––––———–––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ACR), RAMBAN.

Corrigendum

On account of non-publication of notice in the leading newspapers by

this office bearing No. 408-17 dated 02-12-2015, under sections 9, 9-A of

the Land Acquisition Act, 1990 Svt. notice is hereby again given to all

interested persons that the Government of J&K intends to take possession

of land measuring 09 Kanals 16 Marlas situated in Village Paristan, Tehsil

Pogal Paristan (Ukhral), District Ramban for construction of "Senabati-

Gujjara road" as per particulars appended to this notice for which

Notification No. 18/DCR of 2015-16 dated 11-09-2015 has been issued by

the Deputy Commissioner, Ramban vide endorsement No. DC/LA/Rbn/

15/104-10 dated 11-09-2015 under sections 6&7of the Land Acquisition

Act (Svt.), 1990 (hereinafter Act) read with SRO-235 dated 11-08-2009

for acquiring of land.

Now, before taking over the possession of land and payment

of compensation all the interested persons are called upon to appear

before the undersigned on 19-02-2016 at 11.30 A. M. at D. C.

Complex, Ramban and state the nature of their respective interests

in the land, the amount and particulars of their claims to compensation

for such interest, and their objections (if any) to the quantum and

measurement of land. It is required that all such claims and objections

are made in writing.

Executive Engineer, PWD (R&B) Division, Ramban (Indenting

Department) is also requested to send his authorized representative

before the undersigned on above said date, time and venue to put

forth his objection, if any, to the measurement made and to the amount

of the tentative compensation that may be assessed.

It may be taken into notice by all that no claim or objection

whatsoever will be entertained after above said date.

Appendix : Particulars of land

3 8 6

Village Paristan, Tehsil Pogal Paristan (Ukhral), District Ramban :

T h e

J S. Item Name of Name of the Name of Kh. Area No. No. Owner cultivator possession Nos.

& K

G

o v

holder on spot

t .

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– G

1 2 3 4 5 6 7

a z e

t t

e ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

,

K. M.

1 3

t

01. 01 Ghulam Qadir S/o Abdullah, Kasht Ghulam Qasim S/o Habibullah 373 00–09

h

O

c

t . , Mohd Din S/o Ahmed, Gujjar Hussain S/o Haji Gujjar Thakariya equally co-sharer Abdul Rehman Sakinan deh Sakinan deh Gair

2 0 1 6

/

Maroosi Lohar

Sakinan

2 1 s t

02. 02 do.

do. Abdul Karim S/o Mohd 373 min 01–01

A

s v

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

Din Gujjar

. ,

—

03. 03 do.

do. Qasim S/o Habibullah 373 min 00–03

– – –

1 9 3 8

.

Gujjar

[

N

o 04. 04 do. Kasht Mohd Din Qasim S/o Habibullah 374 00–12

.

S/o Ahmed Gujjar

2 8

— — — — —

N

05. 05 do.

do. Manzoor Ahmed, Irshad 374 min 01–16

o

.

2 8

]

Ahmed Ss/o Bashir Ahmed Kumhar equally co-sharer

T h e

J

06. 06 do.

do. Abdul Gaffar S/o 374 min 00–02

Mohmedu

& K G

o v

t .

07. 07 Abdul Gaffar, Ghulam, Khud Kasht Abdul Gaffar S/o 386 00–06

G

a z e

t t

e

,

1 3

t

h

O

c

t . , Rafiq Sons Mst. Zaytoon Mohmedu hissadar D/o Mohmedu equally ¼ shares Abdullah Son Mst. Jana W/o Late Subhan equally ¼ shares Akbar, Ramzan S/o Sambdu equally half Sakinan deh

2 0 1 6

/

08. 08 do.

do. Manzoor Ahmed etc. 386 min 00–01

2 1 s t

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

as per item No. 05

A

s v

09. 09 Gaffar etc. as per item Khud Kasht Gaffar S/o Mohmedu 386 min 00–17

. ,

— — —

No. 07

co-share

1 9 3 8

.

10. 10 do. Khud Kasht Ahmedu S/o Abdullah 386 min 00–03

co-share

3 8 7

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

3 8 8

1 2 3 4 5 6 7

T h e ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

J

K. M. 11. 11 Gaffar etc. as per item Khud Kasht Gaffar S/o Mohmedu 386 min 00–10

& K

No. 07

co-share

G

o v

t .

12. 12 do. Khud Kasht Gaffar S/o Mohmedu 386 min 00–10

G

co-share

a z e

t t 13. 13 Aziz, Rasool Ss/o Reham Khud Kasht Aziz S/o Reham 414 min 00–18

e

,

1 3

t

h

O

c

t . ,

2 0 1 6

/

2 1 s t

A

s v

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

. ,

—

equally one share Ali Mohd hissadar S/o Rehman one share Mangta S/o Fahta one share out of half Habib S/o Sattar one share Bashir Ahmed, Ramzan, Gani, Rashid Ss/o Jamal equally one share out of half out of 2/3 Mohd Sharief etc. Sons Mst. Halay Babi W/o Late Habib equally one share Rasool, Aziz Ss/o Ahmed equally two share out of 2/3

– – –

14. 14 Aziz etc. as per item Khud Kasht Mangta S/o Fahta 414 min 00–04

1 9 3 8

.

[

No. 13

co-share

N

o

.

15. 15 do. Khud Kasht Rasool S/o Reham 414 min 00–18

2 8

— — — — —

co-share N

16. 16 do. Khud Kasht Mohd Din S/o Abdullah 414 min 00–02

o

.

17. 17 Rastum etc. as per Khasra Khud Kasht Mohd Din S/o Abdullah 413 min 00–08

2 8

]

T h e

J

& K G

o v

t .

G

a z e

t t

e

,

1 3

t

h

O

c

t . ,

2 0 1 6

/

2 1 s t

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

A

s v

. ,

— — —

No. 405 one share Habib Mohd Din S/o co-share S/o Mohd one share Ahmed Abdullah one share etc. as per Khasra No. 577/ Aziz, Rashid Sons 399 one share out of four Mst. Jana Widow share Ahad, Aziz, Lala Ss/o equally one share Jamal equally three share Rehman, Ghulam Ahmedu Sons Mst. Rehami Ss/o Qadir equally W/o Late Ramzan equally two share out of one share out ¼ share half Akbar Son Mohd Din S/o Abdullah one Mst. Khurshi D/o share Aziz, Rashid Sons Amina Widow Mohd Din S/o Abdullah equally half share one share Aziz, Rashid Sons Mst. Jana W/o Late Sultan one share Rehman, Ghulam Ss/o Qadir equally two shares out of half Akbar Son Mst. Khurshi W/o Late Wahab half out of 2/4 shares Kumhar Sakinan deh

18. 18 Shamlat deh Khud Kasht Reham, Sattar 614/411 00–01

1 9 3 8

.

Reham, Sattar equally co-sharer equally co-sharer

3 8 9

– – – – – – – – – –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 9 0

1 2 3 4 5 6 7

T h e ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

J

K. M.

& K

19. 19 Reham etc. as per Khud Kasht Rasool S/o Reham 413 00–04

G

Item No. 17 Mohd Din S/o

o v

t .

G

a z e

t t

Abdullah etc. as per Item No. 17

e

,

1 3 20. 21 Shamlat deh Khud Kasht Rasool S/o Reham 614/411 min 00–11

t

h

O

c

Reham, Sattar

equally co-sharer

––––––

t . ,

G. Total 09–16 ––––––

2 0 1 6

/

Given under my hand and seal on 04th of February, 2016 at Ramban.

2 1 s t

A

(Sd.) VEVAIK PURI, KAS, s v

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

. ,

—

– – –

1 9 3 8

Collector, Land Acquisition (ACR), Ramban.

.

[

N

o

.

2 8

— — — — —

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 129] Srinagar, Thu., the 13th October, 2016/21st Asv., 1938. [No. 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS––C

––––––

POLICE HEADQUARTERS, J&K, SRINAGAR.

Important Notice

Reference :—This Hqrs. e-NIT No. 13 of 2016 dated 31-05-2016, NIT No. 15 of 2016 dated 31-05-2016 and NIT No. 18 of 2016 dated 14-06-2016.

–––––––

Various dates in respect of this Hqrs. e-NIT No. 13 of 2016 dated 31-05-2016, NIT No. 15 of 2016 dated 31-05-2016 and e-NIT No. 18 of 2016 dated 14-06-2016 (e-Tender) which was now been fixed as under. These are the final dates :—

Last date and time of downloading 03-10-2016 up to 1500 hours e-NITs from J&K State e-Procurement Portal www.jktenders.gov.in

Last date and time for online 03-10-2016 up to 1500 hours submission of Bids 116 The J&K Govt. Gazette, 13th October, 2016/21st Asv., 1938. [No. 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Time/date and place for online On 05-10-2016 at 1100 hours at opening of Technical Bids only J&K Police Hqrs., Peer Bagh,

Srinagar

No Extension shall be granted.

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

AIG (Prov/Tpt) For Director General of Police, J&K, Srinagar.

–––––––

POLICE HEADQUARTERS, J&K, SRINAGAR.

Extension in Date

Reference :—This Hqrs. e-NIT No. 14 of 2016 dated 31-05-2016.

–––––––

The tender submission date for NIT No. 14 of 2016 dated 31-05-2016

(e-Tender) of this Hqrs. has now been fixed as under :—

Last date of downloading NIT from 06-10-2016 up to 1600 hours J&K State e-Procurement Portal www.jktenders.gov.in

Last date for online submission 06-10-2016 up to 1600 hours of Bid

Last date and time for receipt 06-10-2016 up to 1600 hours of samples

Time/date and place for online 08-10-2016 at 1100 hours at opening of tenders J&K Police Hqrs., Peer Bagh,

Srinagar

The other contents of the NIT shall remain unchanged.

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

AIG (Prov/Tpt) For Director General of Police, J&K, Srinagar.

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

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

Vol. 129] Srinagar, Sat., the 23rd July, 2016/1st Srav., 1938. [No. 16-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Srinagar, the 23rd July, 2016.

The following Act as passed by the Jammu and Kashmir State Legislature received the assent of the Governor on 23rd July, 2016 and is hereby published for general information :––

THE JAMMU AND KASHMIR CHIT FUNDS ACT, 2016

(Act No. XI of 2016)

[23rd July, 2016.]

An Act to provide for the regulation of chit funds in the State

and for matter connected therewith.

2 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— Be it enacted by the Jammu and Kashmir State Legislature in

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

CHAPTER I

Preliminary

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

the Jammu and Kashmir Chit Funds Act, 2016.

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

by notification in the Government Gazette appoint.

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

requires,––

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

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

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

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

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

new bank constituted under section 3 of the Banking

Companies (Acquisition and Transfer of Undertakings) Act,

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

Bank established under section 3 of the

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

1976), or a corresponding new bank constituted under

section 3 of the Banking Companies (Acquisition and

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

a banking company as defined under clause (e) of

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

or such other banking institution as the Government may

in consultation with the Reserve Bank, approve for the

purposes of this Act ;

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

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

person enters into an agreement with a specified number

of persons that every one of them shall subscribe a certain

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

way of periodical instalments over a definite period and

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

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

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

the prize amount ;

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

meaning of this clause, if in such transaction–

–

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

get the prize amount without any liability

to pay future subscriptions ; or

(ii) all the subscribers get the chit amount by

turns with a liability to pay future

subscriptions ;

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

articles of agreement between the foreman and the

subscribers relating to the chit ;

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

payable by all the subscribers for any instalments of a chit

without any deduction of discount or otherwise ;

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

chit ;

4 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

defaulted in the payment of subscriptions due in accordance

with the terms of the chit agreement ;

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

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

agreement required to forego and which is set apart under

the said agreement to meet the expenses of running

the chit or for distribution among the subscribers or for

both ;

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

of discount available under the chit agreement for rateable

distribution among the subscribers at each instalment of the

chit ;

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

for the purpose of ascertaining the prized subscriber at any

instalment of the chit ;

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

is responsible for the conduct of the chit and includes any

person discharging the functions of the foreman under

section 39 ;

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

Kashmir ;

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

subscriber ;

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

Act ;

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (n) "prize amount" means the difference between the chit

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

a ticket means the difference between the chit amount and

the discount proportionate to the fraction of the ticket, and

when the prize amount is payable otherwise than in cash,

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

time when it becomes payable ;

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

received or is entitled to receive the prize amount ;

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

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

an Assistant Registrar appointed under that section ;

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

constituted under the Reserve Bank of India Act, 1934

(2 of 1934) ;

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

ticket and also a transferee of a ticket or fraction thereof

by assignment in writing or by operation of law ;

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

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

Save as otherwise expressly provided in this Act,––

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

anything to the contrary contained in any other law for the

time being in force or in the memorandum or articles of

association or bye-laws or in any agreement or resolution

whether the same be registered, executed or passed, as

the case may be, before or after the commencement of

this Act ; and 6 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— (b) any provision contained in the memorandum, articles,

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

extent to which it is repugnant to the provisions of this

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

CHAPTER II

Registration of Chits, Commencement and Conduct of

Chit Business

4. Prohibition of chits not sanctioned or registered under

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

without obtaining the previous sanction of the Government or of such

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

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

of this Act :

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

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

sanction or within such further period or periods not exceeding six

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

to it in this behalf, allow.

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

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

manners as may be prescribed.

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

refused, if the foreman,––

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

any other Act regulating chit business and sentenced to

imprisonment for an such offence ; or No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— (b) had defaulted in the payment of fees or the filing of any

statement or record required to be paid or filed under this

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

the rules made thereunder ; or

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

and sentenced to imprisonment for any such offence unless

a period of five years has elapsed since his release :

Provided that before refusing any such sanction, the

foreman shall be given a reasonable opportunity of being

heard.

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

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

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

shall be final.

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

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

Government within thirty days of the date of communication to him

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

be final.

5. Prohibition of invitation for subscription except under

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

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

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

prospectus, proposal or document contains a statement that the previous

sanction required under section 4 has been obtained and the particulars

of such sanction.

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

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

persons authorised by him in writing and the foreman and attested by 8 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

at least two witnesses a and it shall contain the following

particulars, namely :––

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

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

by each subscriber ;

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

ticket at every instalments and the interest or penalty, if

any, payable on any default in the payment of such

instalments ;

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

the chit ;

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

instalments ;

(f) the maximum amount of discount which the prized

subscriber has to forego at any instalments ;

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

distributable by way of dividend, foreman's commission or

remuneration or expenses for running the chit, as the case

may be ;

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

drawn ;

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

amount ;

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

be deposited by the foreman under the foreman under the

provisions of this Act ;

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

a chit shall be continued when such individual dies or

becomes of unsound mind or is otherwise incapacitated ;

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

or the foreman shall be liable in case of violation of any

of the provisions of the chit (b) his methods of

operation ;

(c) the interests of prospective subscribers ;

(d) the requirements as to security ; and

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

require.

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

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

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

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

the maximum discount, the prized subscriber shall be determined

by lot.

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

filed in duplicate by the foreman with Registrar.

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

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

agreement has been registered :

Provided that the Registrar may refuse to register the chit

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

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

is insufficient ;

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

this Act or under any other Act regulating chit business

and sentenced to imprisonment for any such offence ;

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

the filing of any statement or record required to be paid

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

of this Act or the rules made thereunder ;

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

involving moral turpitude and sentenced to imprisonment for 10 The J&K Govt. Gazette, 19th May, 2016/29th Vai., 1938. [No. 7 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(b) his methods of operation ;

(c) the interests of prospective subscribers ;

(d) the requirements as to security ; and

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

require.

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

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

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

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

the maximum discount, the prized subscriber shall be determined

by lot.

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

filed in duplicate by the foreman with Registrar.

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

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

agreement has been registered :

Provided that the Registrar may refuse to register the chit

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

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

is insufficient ;

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

this Act or under any other Act regulating chit business

and sentenced to imprisonment for any such offence ;

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

the filing of any statement or record required to be paid No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

of this Act or the rules made thereunder ;

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

involving moral turpitude and sentenced to imprisonment for

any such offence unless a period of five years has elapsed

since his release :

Provided further that before refusing to Registrar a chit

under the first proviso, the foreman shall be given a

reasonable opportunity of being heard.

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

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

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

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

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

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

application made to him in this behalf, allow.

8. Minimum capital requirements for the commencement, etc.

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

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

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

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

than rupees ten lakhs.

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

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

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

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

lakh :

Provided that the Government may, if it considers it necessary

in the public interest or for avoiding any hardship, extend the said 12 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

period or periods not exceeding two years in the aggregate :

Provided further that no such company shall commence any new

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

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

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

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

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

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

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

to not less than ten per cent of such profit.

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

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

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

the prescribed form to the Registrar explaining the circumstances relating

to such appropriation.

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

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

declaration to that effect with the Registrar.

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

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

requirements relating to sanction, registration of chit and other matters

have been duly complied with, grant a certificate of commencement

to the foreman.

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

chit or appropriate any chit amount unless a certificate of

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

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

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

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

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

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

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

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

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

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

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

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

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

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

part of his name any such word.

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

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

part of his name any of the words specified in

sub-section (1) ; or

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

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

one year from such commencement, add as part of his

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

words from his name :

Provided that the Government may, if it considers it

necessary in the public interest or for avoiding any hardship,

extend the said period of one year by such further period

or periods not exceeding one year in the aggregate.

14 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

12. Prohibition of transacting business other than chit business

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

the Government, no company carrying on chit business shall conduct

any other business.

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

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

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

such commencement :

Provided that the Government may, if it considers it necessary

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

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

two years in the aggregate.

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

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

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

of which at any time exceeds one lakh rupees.

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

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

association shall not at any time exceed,––

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

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

rupees ten lakhs ;

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

lakh rupees with respect to each such partner or individual.

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

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

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

co-operative society, as the case may be.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

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

and free reserves as disclosed in the last audited

balance sheet of the company or co-operative society,

as reduced by the amount of accumulated balance of

loss deferred revenue, expenditure and other intangible

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

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

business shall utilise the moneys collected in respect of such business

other than commission or remuneration payable to such

person or interest or penalty, if any, received

from a defaulting subscriber except for,––

(a) carrying on chit business ; or

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

security of subscriptions paid by them ; or

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

20 of the Trusts Act (Samvat) 1977 ; or

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

agreement.

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

the moneys collected in respect of such business before the

commencement of this Act, otherwise than for the purposes specified

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

have not been realized before such commencement are realised before

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

Provided that the Government may, if it considers it necessary

in the public interest or for avoiding any hardship, extend the said 16 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

period of three years by such further period or periods not

exceeding one year in the aggregate.

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

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

of the foreman and all the subscribers to the chit.

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

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

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

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

the subscribers.

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

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

two subscribers.

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

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

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

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

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

or in the presence of any person deputed by him.

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

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

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

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

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

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

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

that sub-section.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

clearly,––

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

the place where the draw was held ;

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

proceedings relate ;

(c) the names of the subscribers present ;

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

amount in the instalment ;

(e) the amount of discount ;

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

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

and

(g) any other particulars that may be prescribed.

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

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

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

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

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

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

without obtaining the prior approval of the Registrar within whose

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

place or the principal place of business is situated.

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

shall consult the Registrar within whose territorial jurisdiction the new

place of business is proposed to be opened and shall also keep in view 18 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

the financial condition and methods of operation of the foreman, the

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

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

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

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

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

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

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

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

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

carried on at such new place of business.

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

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

the chit business may be conducted by such person.

CHAPTER III

Rights and Duties of Foreman

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

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

sanction under section 4,––

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

amount in the name of the Registrar ; or

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

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

the chit amount in favour of the Registrar ; or

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

securities in which a trustee may invest money under No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

as may be prescribed by the Government from time to

time ; Provided that the value of the securities referred

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

and a half times the value of the chit amount.

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

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

in respect of each chit.

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

chit, permit the substitution of the security :

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

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

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

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

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

attached in execution of a decree or otherwise until the chit

is terminated and the claims of all the subscribers are fully

satisfied.

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

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

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

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

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

be prescribed.

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

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

shall not be dealt with by the foreman during the currency of 20 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the chit to which it relates and any dealing by the foreman with respect

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

void.

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

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

the contrary, to obtain the chit amount at the first

instalments without deduction of the discount specified in

the chit agreement, subject to the condition that he shall

subscribe to a ticket in the chit :

Provided that in a case where the foreman has subscribed

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

obtain more than one chit amount in a chit without

discount ;

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

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

of commission, remuneration or for meeting the expenses

of running the chit ;

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

the payment of instalments and to such other amounts as

may be payable to him under the provisions of the chit

agreement ;

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

and to distribute the prize amounts to the prized amounts

to the prized subscribers ;

(e) to demand sufficient security from any prized subscriber

for the due payment of future subscriptions payable by him.

Explanation :––A security shall be deemed to be sufficient

for the purpose of this clause if its value No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— exceeds by one-third, or if it consists of

immoveable properties, the value of which

exceeds by one- half, of the

amount due from prized subscriber.

(f) to substitute subscribers in place of defaulting

subscriber ; and

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

proper conduct of the chit.

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

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

be referred to the Registrar for arbitration under section 64.

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

subscriber furnishing sufficient security for the due payment of future

subscriptions, be bound to pay him the prize amount :

Provided that the prized subscriber shall be entitled to the payment

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

the deduction therefrom of the amount of all future subscriptions and

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

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

before the date of the next succeeding instalments, whichever is

earlier :

Provided further that where the prize amount has been paid to

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

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

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

for the payment of future subscriptions.

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

amount due in respect of any draw remains unpaid until the date of 22 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— the next succeeding instalments, the foreman shall deposit the prize

amount forthwith in a separated account in an approved bank mentioned

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

deposit and the reasons therefore to the prized subscriber and the

Registrar :

Provided that where any prized subscriber does not collect the

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

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

to hold another draw in respect of such instalments.

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

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

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

succeeding draw and the particulars of such payment or deposit shall

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

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

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

sub-section (1) of section 21 :

Provided that where the foreman is himself a prized subscriber,

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

to his complying with provisions of section 31:

Provided further that the foreman may appropriate to himself the

interest accruing on the amount deposited under the second proviso to

sub-section (1).

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

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

the chit agreement is increased.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(6) The foreman shall distribute among the subscribers in

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

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

instalments, if any.

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

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

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

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

of chit business in the State :––

(a) a register containing––

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

each chit together with the number of tickets held

by each subscriber ;

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

agreement ; and

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

subscriber, the name and full address of the assignee

with the date of assignment and the date on which

the assignment had been recognized by the foreman.

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

draw ;

(c) a ledger containing––

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

chit and the dates of such payments ;

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

dates of such payments ; and 24 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

mentioned in the chit agreement, the date and the

amount of such deposit ;

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

deposited in approved banks as required under the

provisions of this Act in respect of all chits conducted by

the foreman at his office ; and

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

prescribed by the State Government within whose

jurisdiction the chit is conducted.

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

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

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

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

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

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

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

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

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

appointed under section 61 :

Provided that where a balance sheet is audited by an auditor

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

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

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

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

be liable to account to the subscribers for the amounts due to them.

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

of them jointly and severally and, if the foreman is a firm or other No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

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

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

arising out of the chit.

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

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

from the chit until its termination unless such withdrawal is assented

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

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

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

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

CHAPTER IV

Rights and Duties of Non-Prized Subscribers

27. Non-prized subscribers to pay subscriptions and obtain

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

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

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

to obtain a receipt from the foreman.

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

subscriber who defaults in paying his subscription in accordance with

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

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

be given by the foreman to the defaulting subscriber within fourteen

days of the date of such removal :

Provided that if the defaulter pays the defaulted instalments with

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

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

of such subscribers.

26 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

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

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

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

the date of removal.

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

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

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

under section 64.

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

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

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

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

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

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

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

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

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

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

subscriber towards the instalments relatable to the period before the

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

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

in a separate identifiable account in an approved bank mentioned in

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

defaulting subscriber less such deductions as may be provided for in

the chit agreement, and shall inform the defaulting subscriber as

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

withdraw the amount so deposited except for payment of the defaulting

subscriber.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

to the defaulting subscriber as and when he claims the amount and

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

any purpose other than for such payment.

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

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

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

deduction as may be provided for in the chit agreement.

CHAPTER V

Rights and Duties of Prized Subscribers

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

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

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

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

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

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

satisfactions of the Registrar.

32. Prized subscriber to pay subscriptions regularly.––

Every prized subscriber shall pay his subscriptions regularly on the dates

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

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

of all the future subscriptions forthwith.

33. Foreman to demand future subscriptions by written

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

payment from a defaulting prized subscriber under section 32 unless

he makes a demand to that effect in writing.

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

a consolidated payment of future subscriptions from a defaulting prize 28 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

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

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

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

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

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

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

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

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

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

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

by the subscriber in respect thereof :

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

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

expressly states that the amount due under the promissory note is

towards the payment of subscriptions to the chit.

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

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

sub-section (2).

(4) All consolidated payment of future subscriptions realised by

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

in the chit agreement before the date of the succeeding instalments

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

of future subscriptions.

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

consolidated payment of future subscriptions, it shall remain as security

for the due payment of future subscription.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

CHAPTER VI

Transfers

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

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

prized subscribers shall be made without the previous sanction in writing

of Registrar

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

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

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

the instance of such subscriber.

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

subscriber, the burden of providing that the foreman was insolvent

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

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

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

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

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

be filed with the foreman.

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

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

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

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

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

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

communicated to the parties concerned.

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

under section 34 or section 35 shall be entered by the foreman in 30 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

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

the date of making such entry.

CHAPTER VII

Meetings of General Body of Subscribers

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

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

general body of subscribers for considering any proposal to pass a

special resolution.

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

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

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

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

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

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

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

may give notice of the fact to the Registrar.

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

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

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

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

such direction.

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

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

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

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

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

resolution" means a resolution which is passed at a No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

meeting of the general body of the subscribers specially

convened for the purpose by a majority of not less than

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

meeting in person or by proxy and representing not less

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

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

and unpaid prized subscribers, if any.

CHAPTER VIII

Termination of Chits

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

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

incapacitated, the chit may continue in accordance with the provisions

of the chit agreement

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

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

instalments or on any other date before the next succeeding instalments

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

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

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

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

make other arrangements for the further conduct the chit.

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

terminated,––

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

has expired provided the payment of dues to all the

subscribers has been completed ; or

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

the foreman consent in writing to the termination of the 32 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

as required under section 41 ; or

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

is otherwise incapacitated and the chit is not continued in

accordance with the provisions of the chit agreement :

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

a partner thereof dies or becomes of unsound mind or is

otherwise incapacitated, the chit shall not be deemed to

have terminated and the surviving partner or partners shall

conduct the chit in the absence of any provision to the

contrary in the chit agreement.

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

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

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

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

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

of such assent or consent.

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

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

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

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

back his subscriptions at the termination of the

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

him :

Provided that, any person to whom the rights of a

non-prized subscriber are transferred in accordance with

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

subscription, be entitled to get back the subscriptions paid No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

by such non-prized subscriber, subject to the conditions

specified in this section ;

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

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

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

he has notice thereof.

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

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

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

CHAPTER IX

Inspection of Documents

44. Foreman to allow certain subscribers to inspect chit

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

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

the non-prized subscribers and unpaid prized subscribers reasonable

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

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

inspection of security bonds and documents, receipts and other records

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

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

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

as may show the actual financial position of the chit.

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

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

years from the date of termination of the chit.

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

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

in force in the State, the Registrar or an officer authorised by the 34 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

order to remedy the defects within the time specified therein.

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

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

47. Power of Reserve Bank to inspect chit books and

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

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

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

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

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

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

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

action.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

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

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

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

periodical reports in regard to the action taken by him.

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

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

Government within whose jurisdiction the registered office of the

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

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

action as may be considered necessary.

CHAPTER X

Winding up of Chits

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

chit may be wound up the Registrar within whose territorial jurisdiction

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

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

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

section 40 ; or

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

security specified in section 20 as is calculated to

impair materially the nature of the security or the value

thereof ; or

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

under any of the provisions of this Act ; or

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

the foreman is unable to pay the amounts due to the

subscribers ; or

(e) if the execution or other process issued on an order passed

by the Registrar in favour of any subscriber in respect of 36 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

amounts due to him from the foreman in relation to the

chit business is returned unsatisfied in whole or in

part ; or

(f) if it is proved that there has been a fraud or collusion on

the part of the foreman in the matter of taking securities

from any prized subscriber ; or

(g) if the foreman has appropriated the prize amount in his

capacity as a subscriber without furnishing sufficient

security for future subscriptions ; or

(h) if the Registrar is satisfied that the affairs of the chit are

being conducted in a manner prejudicial to the interests of

the subscribers ; or

(i) if it is just and equitable that the chit should be

wound up.

Explanation :––For the purpose of clause (d), in determining whether

the foreman is unable to pay the amount due to the

subscribers, the Registrar shall take into account his

contingent and future liabilities in respect of the chit.

49. Application for winding up.––An application for the winding

up of a chit shall be made by a petition presented by any non-prized

or unpaid prized subscriber to the Registrar signed and verified in the

manner laid down by the Code of Civil Procedure, Samvat 1977, and

shall contain such particulars as may be prescribed :

Provided that no application for the winding up of a chit under

clause (d) or clause (i) of section 48 shall lie unless such application

is presented,––

(a) by non-prized and unpaid prized subscribers representing

not less than twenty-five per cent of the amount or, as No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

the case may be, the value of the grain subscribed by all

the non-prized and unpaid prized subscribers, if any ; or

(b) with the previous sanction of the Government.

Explanation :––For the purposes of clause (a) of the proviso, a

subscriber of a fraction of a ticket shall be deemed

to be a subscriber only to the extent of such fraction.

50. Bar to winding up proceedings.––Notwithstanding anything

contained in section 48 and section 49, no petition for the winding

up of a chit shall be entertained by the Registrar,––

(a) if proceedings relating to insolvency are pending against

the foreman ; or

(b) where the foreman is a firm, is proceedings relating to

insolvency are pending against all the partners or all the

partners except one thereof, or proceedings for the

dissolution of the firm are pending ; or

(c) where the foreman is a company or co-operative society,

if proceedings of the winding-up of such company or

co-operative society are pending.

51. Commencement and effect of winding up order.––An order

for the winding up of a chit shall operated in favour of all the subscribers

to whom amounts are due from the foreman and it shall be deemed

to have commenced from the date of the presentation of the application

for the winding up.

52. Injunction order.––The Registrar may, on the application

of the foreman of any subscriber to whom amounts are due in respect

of a chit, at any time after the presentation of the application for the 38 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

winding up of the chit under this Act and before the making of an

order for the appointment of an interim receiver or for the winding

up of the chit, restrain any other proceedings instituted against the

foreman for the realisation of amounts due from him on such terms

as the Registrar thinks fit.

53. Powers of Registrar.––The Registrar may, after hearing an

application under this Chapter, dismiss it with or without costs, or adjourn

the hearing conditionally or unconditionally or make an interim or any

other order that he deems fit.

54. Vesting of chit assets in Registrar or other person.––On

the making of an order for the winding up of a chit, all the chit assets

pertaining to such chit shall vest in the Registrar or in any person

appointed by him for distribution amongst the subscribers to whom

amounts are due in respect of the chit.

55. Suits, etc. to be stayed, on the making of a winding up

order.––No suit or other legal proceedings shall be continued or

commenced against the foreman by a subscriber for the realization of

amounts due to him in respect of the chit except with the leave of

the Registrar winding up the chit and on such terms as he may impose.

56. Notification of winding up order.––On the making of a

winding up order, the Registrar shall make an entry in his book relating

to the chit and shall notify in the Government Gazette that the order

has been made.

57. Cessation of winding up proceedings on insolvency of

foreman, etc. or the winding up of the company and transfer of

such proceedings.––Where during the pendency of the proceedings

for the winding up of a chit, the foreman is adjudicated an insolvent,

or where the foreman is a firm, all the partners or all the partners

except one thereof are adjudicated insolvents, or where the foreman No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

is a company, the company has been ordered to be wound up by the

Court, the winding up proceeding under this chapter shall cease and

the distribution of the chit assets shall, subject of the provisions of section

43 and section 52, be made by all the insolvency Court or the Court

winding up the company, as the case may be.

58. Award of compensation to foreman.––(1) Where an

application for the winding up of a chit is dismissed and the Registrar

is satisfied that the petition, is frivolous or vexatious, he may, on the

application of the foreman, award against the petitioner such amount,

not exceeding one thousand rupees, as he deems reasonable as

compensation to the foreman for the expenses or injury caused to him

by the presentation of the application and the proceedings thereon, and

such amount may be realised as if the award were a decree of a

Civil Court.

(2) On the making of an award under sub-section (1), no suit

for compensation in respect of an application for any winding up of

the chit shall be entertained.

59. Right to appeal.––The foreman or any subscriber or any

other person aggrieved by a decision or order of the Registrar in any

proceedings for the winding up a chit may, within sixty days from the

date of such decision or order, appeal to the Government.

60. Limitation.––(1) Where an order refusing to wind up a chit

has been made under this Act, the chit shall be deemed to have been

under suspension from the date of presentation of the application to

the date of such order in respect of non-prized subscribers ; and,

notwithstanding anything contained in the chit agreement, no

non-prized subscriber who was not a defaulter on the date of the

presentation of the petition for winding up, shall be deemed to be a

defaulter on the date of such order.

40 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Where an order refusing to wind up a chit has been made

under this Act, in computing a period of limitation prescribed for any

suit or other legal proceedings (other than a suit or application in respect

of which the leave of the count had been obtained) which might have

been brought or instituted, but for the presentation of the application

for the winding up of the chit, the period from the date of the

presentation of the application to the date of the order refusing to wind

up a chit shall be excluded.

(3) Nothing contained in this Chapter shall effect the rights of

a subscriber to proceed against the foreman personally for the balance,

if any, of the amount due to him after the declaration of the final dividend

in the proceedings for the winding up of the chit and in computing

the period of limitation prescribed for any such proceedings, the period

from the date of the presentation of the application for the winding

up the chit to the date of the declaration of the final dividend shall

be excluded.

CHAPTER XI

Appointment of Officers and Levy of Fees

61. Appointment of Registrar and other officers.––(1) State

Government may, by notification in the Government Gazette, appoint

a Registrar of Chits and as many Additional, Joint, Deputy and Assistant

Registrars as may be necessary for the purpose of discharging the duties

imposed upon the Registrar by or under this Act.

(2) The Registrar may appoint as many inspectors of chits and

chit auditors as may be necessary for the purpose of discharging the

duties imposed on the inspectors of chits or chit auditors by or under

this Act.

(3) All inspectors of chits and chit auditors shall discharge the

duties imposed upon them by or under this Act under the general

superintendence and control of the Registrar.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(4) If the Registrar is of opinion that the accounts of any chit

are not properly maintained and that such accounts should be audited,

by a chit auditor.

(5) It shall be the duty of the foreman of the chit whose accounts

are to be audited by a chit auditor under sub-section (4) to produce

before the chit auditor, all accounts, books and other records relating

to the chit, to furnish him with such information as may be required

and afford him all such assistance and facilities as may be necessary

and reasonable with regard to the audit of the accounts of the chit.

(6) The foreman shall pay to the chit auditor such fees as

may be prescribed for the audit of accounts of the chit under

sub-section (4) :

Provided that different scales of fees may be prescribed for

different chits depending on the quantum of the chit amount.

62. Inspection of documents in Registrar's office.––The

foreman of a chit or any subscriber in a chit or the heirs or legal

representatives of any foreman or subscriber may, on payment of such

fees as may be prescribed,––

(a) inspect the documents of the concerned chit kept by the

Registrar ; or

(b) obtain a certified copy or an extract of any such

document on record.

63. Levy of fees.––(1) There shall be paid to the Registrar such

fees as the Government may, from time to time, prescribe for––

(a) the issue of previous sanction under section 4 ;

(b) the filing of the chit agreement of the Registrar and the

registration of the chit under section 7 ;

42 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(c) the filing of a declaration with the Registrar and the grant

of a certificate of commencement under section 9 ;

(d) the filing of copies of documents under any of the provisions

of this Act ;

(e) the audit of the accounts of the foreman under

section 61 ;

(f) the inspection of documents under section 62 ;

(g) the obtaining of certified copies or extracts of documents

and records under section 62 ; and

(h) such other matters as may appear necessary to the

Government.

(2) A table of fees prescribed under sub-section (1) shall be

exhibited on a notice board in the office of the Registrar.

CHAPTER XII

Disputes and Arbitration

64. Disputes relating to chit business.––Notwithstanding

anything contained in any other law for the time being in force, any

dispute touching the management of chit business shall be referred by

any of the parties to the dispute, to the Registrar for arbitration if each

party thereto is one or the other of the following, namely :––

(a) a foreman, a prized subscriber or a non-prized subscriber,

including a defaulting subscriber, past subscriber or a

person claiming through a subscriber, or a deceased

subscriber to a chit ;

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 43 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(b) a surety of a subscriber, past subscriber, or a deceased

subscriber.

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

dispute touching the management of a chit

business shall include,––

(i) a claim by or against a foreman for any

debt or demand due to him from a

subscriber, or due from him to a

subscriber, past subscriber or the nominee,

heir or legal representative of a deceased

subscriber whether such debt or demand

is admitted or not ;

(ii) a claim by a surety for any sum or demand

due to him from the principal borrower in

respect of a loan by a foreman and

recovered from the surety owing to the

default of the principal borrower, whether

such sum or demand is admitted or

not ; and

(iii) a refusal or failure by a subscriber, past

subscriber or the nominee, heir or legal

representative of a deceased subscriber to

deliver possession to a foreman of land or

any other asset resumed by him for breach

of conditions of the assignment.

(2) Where any question arises as to whether any matter referred

to for the award of the Registrar is a dispute or not for the purpose

of sub-section (1), the same shall be decided by the Registrar whose

decision thereon shall be final.

44 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(3) No Civil Court shall have jurisdiction to entertain any

suit or other proceedings in respect of any dispute referred to in

sub-section (1).

65. Period of limitation.––(1) Notwithstanding anything contained

in the Limitation Act (Samvat) 1995, but subject to the specific provisions

contained in this Act, the period of limitation in the case of dispute

referred to the Registrar under section 64, shall,––

(a) if the dispute relates to the recovery of any sum, including

interest thereon, due to a foreman from a deceased

subscriber, be three years, computed from the date

on which such subscriber dies or ceases to be a

subscriber ; or

(b) if the dispute is between a foreman and a subscriber or

a past subscriber, or the nominee, heir or legal

representative of a deceased subscriber, and the dispute

relates to any act or omission on the part of either party

to the dispute, be three years from the date on which the

act or omission with reference to which the dispute arose,

took place.

(2) The period of limitation in the case of any dispute other

than those referred to in sub-section (1) which are required to be

referred to the Registrar under section 64 shall be regulated by the

provisions of the Limitation Act (Samvat) 1995, as if the dispute were

a suit, and the Registrar, a Civil Court.

(3) Notwithstanding anything contained in sub-sections (1)

and (2), the Registrar may admit a dispute after the expiry of the period

of limitation specified therein if the applicant satisfies the Registrar that No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––——— he had sufficient cause for not referring the dispute within such

period.

66. Settlement of disputes.––(1) If the Registrar is satisfied that

any matter referred to him or brought to his notice is a dispute within

the meaning of section 64, he shall, subject to such rules as may be

prescribed, settle the dispute himself, or refer it for disposal to a person

appointed by him (hereafter in this Chapter referred to as the nominee).

(2) Where any dispute is referred under sub-section (1) for

settlement of the nominee, the Registrar may, at any time for reasons

to be recorded in writing, withdraw such dispute from the nominee and

may settle the dispute himself, or refer it again for settlement to any

other nominee appointed by him.

67. Procedure for settlement of disputes and powers of

Registrar or nominee.––(1) The Registrar or the nominee hearing a

dispute under section 66, shall, in addition to the powers conferred on

him under that section, have the same powers as are vested in a Civil

Court while trying a suit under the Code of Civil Procedure, Samvat

1977 in respect of the following matters, namely :––

(a) summoning and enforcing the attendance of persons and

examining them on oath ;

(b) requiring the discovery and inspection of documents ;

(c) receiving evidence on affidavit ;

(d) requisitioning any public record or copies thereof from any

Court or Office ;

(e) issuing commissions for the examination of witnesses or

documents ; and

(f) any other matter which may be prescribed.

46 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Except with the permission of the Registrar or the nominee,

no party shall be represented at the hearing of a dispute by a legal

practitioner.

(3) (a) If the Registrar or the nominee is satisfied that any person,

whether he is a subscriber or not has acquired any interest in the

property of a person who is a party to a dispute, he may order that

the person who has acquired the interest in the property may be joined

as a party to the dispute and any decision that may be given by the

Registrar or the nominee on the dispute shall be binding on the party

so joined, in the same manner as if he were an original party to the

dispute.

(b) Where a dispute has been referred in the name of a wrong

person, or where all the necessary parties have not been included, the

Registrar or the nominee any, if he is satisfied that it was due to a

genuine mistake, or order any other person to be substituted or added

as parties to the dispute at any stage of hearing of the dispute on such

terms as he thinks just.

(c) The Registrar or the nominee may, at any stage of the

proceedings either upon or without the application of either party and

on such terms as may appear to the Registrar or the nominee to be

just, order that the name of any party improperly joined be struck off.

(d) Any person who is a party to the dispute and entitled to more

than one relief in respect of the same cause of action may claim all

or any such relief, but if he omits to claim any such relief, he shall

not be entitled to claim that relief, except with the leave of the Registrar

or the nominee.

68. Attachment before judgment and other interlocutory

orders.––(1) Where a dispute has been referred under section 64 and

the Registrar or the nominee hearing the dispute is satisfied on enquiry No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

or otherwise that a party to such dispute, with intent to defeat or obstruct

the execution of any award or the carrying out of any order that may

be made,––

(a) is about to dispose of the whole or any part of his

property ; or

(b) is about to remove the whole or any part of the property

from the jurisdiction of the Registrar,

he may, unless adequate security is furnished, direct conditional

attachment of the said property, and such attachment shall have the

same effect as if it is made by competent Civil Court.

(2) Where the Registrar or the nominee directs the attachment

of any property under sub-section (1), he shall issue a notice calling

upon the person whose property is so attached to furnish such security

as he thinks adequate within a specified period, and if the person fails

to provide such security, the Registrar or the nominee may confirm

the order, and may, after the decision in the dispute, direct the disposal

of the property so attached towards the claim, if awarded.

(3) Any attachment made under this section shall not effect the

rights, subsisting prior to the attachment of the property, of persons

who are not parties to the dispute, or bar any person holding a decree

against the person whose property is so attached from applying for

the sale of the property under the attachment of such decree.

(4) The Registrar or the nominee may, in order to prevent the

ends of justice being defeated, make such interlocutory order pending

the award in a dispute referred to in sub-section (1) as may appear

to be just and convenient.

69. Decision of Registrar or nominee.––When a dispute is

referred to arbitration under this Chapter, the Registrar or the nominee, 48 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

may after giving a reasonable opportunity to the parties to the dispute

to be heard, make an award on the dispute, on the expenses incurred

by the parties to the dispute in connection with the proceedings and

the fees and expenses payable to the Registrar or the nominee, and

such an award shall not be invalid merely on the ground that it was

made after the expiry of the period, if any, fixed for deciding the dispute

by the Registrar, and shall, subject to appeal under section 70, be final

and binding on the parties to the dispute.

70. Appeal against decision of Registrar or the nominee.––

Any party aggrieved by any order passed by the Registrar or the

nominee or the award of the Registrar or the nominee under

section 69, may, within two months from the date of the order or award,

appeal to the State Government.

71. Money how recovered.––Every order passed by the Registrar

or the nominee under section 68 or section 69 and every order passed

by the Government in appeal under section 70 for the payment of

any money shall, if not carried out,––

(a) on a certificate issued by the Registrar, be deemed to be

a decree of a such Court, and shall be executed in the

same manner as a decree of such Court ; or

(b) be executed in accordance with the provisions of any law

for the time being in force for the recovery of amounts

as arrears of land revenue :

Provided that no application for execution under clause (b)

shall be made after the expiry of three years from the date

fixed in the order, and if no such date is fixed, from the

date of the order.

72. Private transfer of property made after issue of certificate

void against foreman.––Any private transfer or delivery of, or

encumbrance or charge on property made or created after the issue No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 49 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

of the certificate by the Registrar under section 71 shall be null and

void against the foreman on whose application the said certificate was

issued.

CHAPTER XIII

Miscellaneous

73. Advisory role of Reserve Bank.––The Reserve Bank may

tender to the Government such advice on questions of policy with respect

to this Act as it thinks fit either on its own motion or on a request

made by the Government.

74. Appeal.––(1) Any foreman aggrieved by the decision of the

Registrar,––

(a) refusing to Registrar the chit agreement under

section 7 ;

(b) refusing to grant a certificate of commencement under

sub-section (2) of section 9 ;

(c) refusing to accept any security under sub-section (1) of

section 20 or under section 31 ; or

(d) refusing to release the security charged under section 20

or section 31,

may, within thirty days of the communication to him of such decision,

appeal to the State Government or to such officer or authority as may

be empowered by notification in the Government Gazette by the

Government in that behalf.

(2) Any foreman or other person aggrieved by the order of the

Registrar under sub-section (1) of section 34 may, within thirty days

of the communication to him of such decision, appeal to the 50 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Government or to such officer or authority as may be empowered by

notification in the Government Gazette by the Government in that

behalf.

(3) The Government or such officer or authority aforesaid may,

after giving the appellant an opportunity of making his representation,

pass such order on the appeal as it or he thinks fit such order shall

be final.

75. Powers of Registrar to give extension of time for filing

documents.––The Registrar may, in his discretion and upon an

application in writing by a foreman made within the period specified

for the filing of documents, under sub-section (3) of section 28,

sub-section (2) of section 29, section 37 or section 41, allow the foreman

further time not exceeding fifteen days to file copies of such documents.

76. Penalties.––(1) Whoever contravenes or abets the contravention

of any of the provisions of sections 4, 5, 8, 9, 11, 12, 13, 14, 19,

20, 22, 24, 30, 31, sub-section (4) of section 33, sections 46, 47 or

sub-section (5) of section 61 shall, on conviction be punishable with

imprisonment for a term which may extend to two years or with fine

which may extend to five thousand rupees or with both.

(2) Any foreman,––

(a) who fails to file any document required to be filed under

this Act within the period specified therefore or within such

further time as may be allowed ; or

(b) who fails to comply with the requirements of the chit

agreement regarding the date, time and place at which the

chit is to be drawn or who fails to comply with the

requirements of any direction given under sub-section (3)

of section 38 ; or No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 51 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(c) who contravenes or fails to comply with any other

requirement under this Act, shall on conviction, be

punishable with fine which may extend to three thousand

rupees.

(4) Whoever wilfully makes a statement in any document required

to be filed under this Act which is false in any material particular shall,

on conviction, be punishable with imprisonment for a term which may

extend to two years or with fine which may extend to five thousand

rupees or with both.

77. Penalty for second and subsequent convictions.––If any

person convicted of an offence under sub-section (1) or

sub-section (3) of section 76 is again convicted of an offence under

any of the said sub-sections he shall be punishable for the second and

for every subsequent offence with imprisonment for a term which may

extend to two years and shall also be liable to fine.

78. Application of fine.––A Court imposing any fine under this

Act may direct that the whole or any part thereof shall be applied

in, or towards payment of, the cost of the proceedings.

79. Offences by companies.––(1) Where an offence under this

Act has been committed by a company, every person who, at the time

the offence, was committed was incharge of, and was responsible to,

the company, for the conduct of the business of the company, as well

as the company, shall be deemed to be guilty of the offence and shall

be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render

any such person liable to any punishment provided in this Act, if he

proves that the offence was committed without his knowledge or that

he exercised all due diligence to prevent the commission of such

offence.

52 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Notwithstanding anything contained in sub-section (1), where

an offence under this Act has been committed with the consent or

connivance of, or is attributable to, any neglect on the part of, any

director, manager, secretary or other officer shall also be deemed to

be guilty of that offence and shall be liable to be proceeded against

and punished accordingly.

Explanation :––For the purposes of this section,––

(a) "company" means anybody corporate and includes a firm

or other association of individuals ; and

(b) "director" in relation to a firm means a partner in the firm.

80. Cognizance of offences.––(1) All offences under the

Act shall be cognizable.

(2) No Court inferior to that of a Judicial Magistrate of the

1st Class shall try an offence punishable under this Act.

81. Power to compound offences.––(1) Subject to such conditions

as may be prescribed, any officer empowered by the Government in

this behalf may, either before or after the institution of criminal

proceedings under this Act, accept from the person who has committed

or is reasonably suspected to have committed an offence under this

Act, by way of composition of such offence, a sum of money not

exceeding such amount as may be prescribed.

(2) Where an offence has been compounded under

sub-section (1) the offender, if in custody, shall be discharged and no

further proceedings shall be taken against him in respect of such offence.

82. Power to enter and search any place and to seize any

documents.––(1) If the Registrar or any other officer authorised by

him in this behalf has reason to suspect that any person conducts, or

is responsible for the conduct of a chit in any place in contravention No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 53 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

of the provisions of this Act, he may, for reasons to be recorded in

writing and at any reasonable time, enter into and search such place,

and may seize such books, registers, accounts, or documents as may

be necessary.

(2) The Registrar or officer authorised by him in this behalf, may

apply for assistance to an officer incharge of a police station and

take police officers to accompany and assist him in discharging his duties

under sub-sections (1), (3) all searches under sub-section (1) shall be

made in accordance with the provisions of the Code of Criminal

Procedure, Samvat 1989.

83. Officers to be public servants.––The Registrar and all

officers appointed by the Government to perform any function under

this Act shall be deemed to be public servants

within the meaning of section 21 of the Ranbir Penal

Code, Samvat 1989.

84. Power to delegate.––The State Government may, by

notification in the Government Gazette, direct that any power

(other than the power to hear appeals or to make rules) exercisable

by it under this Act or the rules made thereunder may be exercised

also by any officer of the State Government subject to such terms and

conditions, if any, as may be specified therein.

85. Act not to apply to certain chits.––Nothing in this Act shall

apply in respect of,––

(a) any chit started before the commencement of this

Act ; or

(b) any chit the amount of which, or where two or more chits

were started or conducted simultaneously by the same

foreman, the aggregate amount of which does not exceed

ten thousand rupees.

54 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

86. Banks not to conduct chit business.––(1) Notwithstanding

anything contained in this Act, no bank shall commence or carry on

chit business after the commencement of this Act, no bank shall

commence or carry on chit business after the commencement of this

Act.

(2) Where a chit had been started by any bank before such

commencement, such chit may be continued after such commencement

until it is completed, and the provisions of the chit agreement and such

laws, if any, as were applicable to it immediately before the

commencement of this Act shall apply to such chit.

Explanation :––For the purposes of this section "bank" means an

approved bank or a co-operative bank as defined in

clause (b-ii) of section 2 of the Reserve Bank of India

Act.

87. Power to exempt.––The Government may, in consultation

with the Reserve Bank, by notification in the Government Gazette,

and subject to such conditions as may be specified in the notification,

exempt any person or class of persons or any chit or class of chits

from all or any of the provisions of this Act.

88. Protection of action taken under the Act.––No suit,

prosecution or other legal proceedings shall lie against the Government,

the Registrar or other officer of the Government or of the Reserve

Bank or any of its officers exercising any powers or discharging any

functions under this Act in respect of anything which is in good faith

done or intended to be done in pursuance of this Act or the rules made

thereunder.

89. Power to make rules.––(1) The Government may, by

notification in the Government Gazette, make rules for giving effect

to the provisions of this Act.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 55 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all of the following matters,

namely :––

(a) the form and manner in which an application for obtaining

the previous sanction may be made under sub-section (2)

of section 4 ;

(b) the additional particulars that a chit agreement may contain

under clause (q) of sub-section (1) of section 6 ;

(c) the particulars that may be included in the minutes of the

proceedings of a draw under section 17 ;

(d) the method of valuation by the Registrar in a grain chit

for the purpose of furnishing security under section 20 ;

(e) the procedure that may be followed by the Registrar in

releasing the security furnished by the foreman under

section 20 ;

(f) the registers and books and the form in which such registers

and books may be maintained by the foreman under section

23 ;

(g) the time within which the balance sheet and the profit and

loss account in respect of a chit business shall be filed

under section 24 ;

(h) the rate at which interest shall be payable on the

defaulted instalments by a defaulted subscriber under

section 28 ;

(i) the particulars that may be included in an application for

the winding up of chits under section 49 ;

56 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(j) the procedure to be followed for the winding up of chits

under Chapter X ;

(k) the fees payable under section 63 ;

(l) the auditing of balance sheet and the profit and

loss accounts of chit business and the issue of audit

certificates ;

(m) the form and manner in which a dispute shall be referred

to the Registrar under section 64 ;

(n) the procedure to be followed by the Registrar or his

nominee for settling the disputes referred to him under

section 64 ;

(o) the matters referred to in clause (f) of sub-section (1) of

section 67 ;

(p) the conditions subject to which and the amount on the

payment of which composition of offences may be made

under section 81 ;

(q) the form and manner in which an appeal may be preferred

under this Act and the fees payable for such appeal ;

(r) the issue and service of notices or other process under

this Act ;

(s) the procedure for, and the manner of, receiving any sum

payable under this Act ;

(t) any other matter which is required to be or may be

prescribed.

(3) Every rule made under this section shall be laid, as soon as

may be after it is made, before each House of the State Legislature.

––––––

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

THE SCHEDULE

(See Section 24)

Part I-Form of Balance Sheet ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Liabilities Assets

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Capital Rs. 1. Cash Rs.

Authorised Rs.

Issued Rs. 2. Balance with

Banks

Paid-up Rs. (a) Current

Account Rs.

(b) Deposit

Account Rs. Rs.

2. Reserve Fund Rs.

3. Deposits Rs. 3. Investments

(a) In chits Rs.

4. Borrowings Rs. (b) In Government

securities Rs.

5. Foreman's liability Rs. (c) Others Rs. Rs.

in tickets prized

6. Prize amount Rs. 4. Share amount

payable due from prized

subscribers

7. Defaulted subscriber's Rs. (a) Secured Rs.

amount payable (b) unsecured Rs. Rs.

8. Advance subscri- 5. Arrears due from

ption received Rs. prized subscriber

(a) Secured Rs.

9. Liability to (b) Unsecured Rs. Rs.

non-prized

subscribers 58 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(Arrears from

non-prized

subscibers to be Rs. 6. Amount due in

indicated)

terminated chits

10. Amount payable in Rs. (a) Secured Rs.

terminated chits (b) Unsecured Rs. Rs.

11. Auction profit

payable to

non-prized Rs. 7. Chit prize amount

subscribers paid ealier Rs.

12. Other liabitities Rs. 8. Loans and Rs.

advances to

subscribers

13. Profit and loss Rs. 9. Litigation expenses Rs.

account 10. Premises Rs.

11. Furntiure and

fixture Rs.

12. Stamps in stock Rs.

13. Other assets Rs.

14. Profit and loss Rs.

account

––––

–––––

Total Rs. Total Rs.

––––

–––––

Total chit amounts of the Particulars to be specified in chits in force, i. e. running respect of amount shown chits.

against 4, 5 and 6

(i) Amounts due from directors or officers of the company or any of them either jointly or severally with any other person ; (ii) Amounts due by companies or firms in which the directors of the company are interested as directors, partners or in the case of private companies, as members.

No. 16-5] The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. 59 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

Part II-Form of profits and loss account

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

Expenditure

Income

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. To interest paid on Rs.

deposits, borrowings 1. By foreman's

etc.

commission Rs.

2. To salaries, 2. By bonus Rs.

allowances, bonus 3. By interest Rs.

and provident

fund

3. To directors sitting Rs. 4. By indivisible

fees

income in auction

proift Rs.

4. To rent, taxes,

insurance, lighting Rs.

5. To law charges Rs. 5. By rent Rs.

6. To postages, Rs. 6. By net profit on

telegrams and sale of investment Rs.

stamps

7. To auditor's fees Rs. 7. By other receipts Rs.

8. To filing fees Rs. 8. By loss Rs.

9. To depreciation Rs.

and repairs

10. To stationery,

printing and

advertisement Rs.

11. To other

expenditure Rs.

60 The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938. [No. 16-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

12. To balance of

profit Rs.

––– ––– Total Rs. Total Rs.

––– –––

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

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

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

Vol. 129] Srinagar, Wed., the 28th Sept., 2016/6th Asv., 1938. [No. 25-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Srinagar, the 28th September, 2016.

The following Ordinance as promulgated by the Governor on 28th September, 2016 and is hereby published for general information :––

THE JAMMU AND KASHMIR VALUE ADDED TAX

(AMENDMENT) ORDINANCE, 2016

Ordinance No. I of 2016

[28th September, 2016.]

Promulgated by the Governor in the Sixty-seventh Year of the

Republic of India.

2 The J&K Govt. Gazette, 28th Sept., 2016/6th Asv., 1938. [No. 25-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––————— An Ordinance to amend the Jammu and Kashmir Value Added

Tax Act, 2005.

Whereas, the State Legislature is not in session and the Governor is satisfied that circumstances exist, which render it necessary for him to take immediate action.

Now, therefore, in exercise of the powers conferred by section 91 of the Constitution of Jammu and Kashmir, the Governor is pleased to promulgate the following Ordinance :––

1. Short title and commencement.––(1) This Ordinance may be called the Jammu and Kashmir Value Added Tax (Amendment) Ordinance, 2016.

(2) It shall come into force at once.

2. Amendment in section 3, Act III of 2005.––In the Jammu and Kashmir Value Added Tax Act, 2005, in section 3, in sub-section (2),––

"(i) in clause (b), the word "and" shall be omitted ;

(ii) after clause (b), the following clause shall be inserted,

namely :––

"(c) Assistant Commissioners ; and"

(iii) the existing clause (c) shall be renumbered as clause (d)."

GOVERNOR.

————

(Sd.) ACHAL SETHI,

Special Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 13 October 2016. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2016-10-13.28/. Archive identifier in.gazette.jammuandkashmir.2016-10-13.28.