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.