THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Jammu, Thu., the 8th Dec., 2016/17th Agra., 1938. [No. 36

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART 11-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

of

Departments,

Provincial

Heads,

Magistrates and other officers competent to

issue public notices under any law or rule ....

PART II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(c) Crop Report and Forecasts ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

348-362

397-414

71-72

473-486

137-142

141-144

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU/SRINAGAR.

Corrigendum

Please read father’s name of Iqra Khursheed Mir as Khurahseed

Mir instead of Khursheed Mir issued vide provisional Notification No. 511

dated 06-09-2013 and Extension Notification No. 755 dated 12-01-2016.

By order.

––––––––

Notification

No. 155 Dated 21-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Wasim Shaban S/o Mr. Mohd Shaban Dar

R/o Humhama, New Airport, Dar Mohalla, District Budgam

vide Notification No. 10 dated 04-04-2013 has been declared as

absolute/final.

By order.

––––––––

Notification

No. 211 Dated 22-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Aditi Khajuria D/o Mr. Mahesh Khajuria R/o

House No. 3, Mohalla Jullaka, Jammu vide Notification No. 564 dated

15-10-2014 has been declared as absolute/final.

By order.

––––––––

348 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 349

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 212 Dated 22-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Mohd Ayaz Khan S/o Mr. Manzoor Hussain

R/o Ward No. 09, Ari Placer, Mendhar, Poonch vide Notification No. 535

dated 13-10-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 225 Dated 22-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Nayeen Akhtar D/o Mr. Mohd Iqbal R/o

Planger, Thana Mandi, Rajouri, A/P Nowabad, Sunjwan Road, Near Pooja

Medical Hall, Jammu vide Notification No. 1117 dated 19-03-2014 has been

declared as absolute/final.

By order.

––––––––

Notification

No. 230 Dated 22-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Sabahat Khursheed D/o Mr. Khursheed Hussain

Hakeem R/o Qadri Residency, H. No. 9, Broadway Street, Habak Naseem

Bagh, Srinagar vide Notification No. 811 dated 17-12-2013 has been

declared as absolute/final.

By order.

––––––––

Notification

No. 306 Dated 01-06-2016

It is hereby notified that vide High Court order dated.................

Ms. Jahan Ara D/o Mr. Gh. Rasool Bhat R/o Ishber Gupt Gagha, Theed

Mohalla, Tehsil North Srinagar, District Srinagar has been admitted and

enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council

provisionally for a period of one year from the date of issuance of

this notification, subject to the verification of her provisional/LL.B

Degree Certificate and verification of her character and antecedent

from the concerned agency. Her name has been entered under Serial

No. JK-269/2016 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. 307 Dated 02-06-2016

It is hereby notified that vide High Court order dated.................

Ms. Viqara Gul D/o Mr. Ghulam Mohd Darzi R/o 97, Govt. Housing Colony,

Chanapora, Srinagar has been admitted and enrolled as an Advocate on

the Roll of Jammu and Kashmir Bar Council provisionally for a period of

one year from the date of issuance of this notification, subject to the

verification of 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-280/2016 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. 309 Dated 04-06-2016

It is hereby notified that vide High Court order dated.................

Mr. Aadil Manzoor Beigh S/o Mr. Manzoor Ahmad Beigh R/o Kralweth,

Kunzar, Tehsil Kunzer, District Baramulla has been admitted and enrolled

as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally

350 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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-223/2016 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. 366 Dated 06-06-2016

It is hereby notified that vide High Court order dated.................

Mr. Moshin Rafiq S/o Mr. Mohd Rafiq Reshi R/o Qsha Bhagat, Mohalla

Shaksaz, Tehsil and District 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 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-282/2016 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. 367 Dated 06-06-2016

It is hereby notified that vide High Court order dated.................

Mr. Fairoze Nabi Dar S/o Mr. Gh. Nabi Dar R/o Near Arif Masjid,

Maukpora, Tehsil and District Pulwama 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,

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 351

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

352 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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-283/2016 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. 368 Dated 06-06-2016

It is hereby notified that vide High Court order dated.................

Mr. Idrees Iqbal Bhat S/o Mr. Mohd Iqbal R/o Machibawan, Pranibawan,

Tehsil Mattan, District 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 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-284/2016 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. 452 Dated 29-06-2016.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Manisha Kumari D/o Mr. Romesh Chander R/o Bantalab Jammu,

Village Gurah Brahmana, Mohalla Lakhnotra, Jammu vide Notification

No. 1393 dated 30-03-2015 for a period of one year has been extended till

23-03-2017 subject to the verification of Certificates/Degrees.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 353

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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. 453 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Sheikh Razwan Javeed S/o Sheikh Tariq Javeed

R/o 47, Sector-A, Indra Nagar, Srinagar vide Notification No. 353 dated

05-10-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 454 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Waheed Ahmad Dar S/o Mr. Gh. Ahmad Dar

R/o Chatterhama, Astan, Mohalla, Hazratbal, Srinagar vide Notification

No. 815 dated 17-12-2013 has been declared as absolute/final.

By order.

––––––––

Notification

No. 455 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Suhail Ishtiaq S/o Hakim Ishtiaq Hussain R/o

Farhat Abza, 29-Gogi Bagh, Srinagar vide Notification No. 484 dated

04-09-2014 has been declared as absolute/final.

By order.

––––––––

354 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 456 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Taif Mahmood Dar S/o Mr. Ali Mohmad Dar

R/o Saderkot Payeen, Sumbal, Bandipora vide Notification No. 521 dated

13-10-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 457 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Supriya Zutshi D/o Mr. Shiban Lal Zutshi

R/o H. No. 283, Lane No. 13, Talab Tillo, Jammu vide Notification

No. 281 dated 13-06-2012 has been declared as absolute/final.

By order.

––––––––

Notification

No. 458 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Raghunath S/o Mr. Bhabhi Chand R/o Lane

No. 2, Sector-1, Durga Nagar, Jammu vide Notification No. 957 dated

26-11-2011 has been declared as absolute/final.

By order.

––––––––

Notification

No. 459 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Tasveer Bano D/o Sayed Asdulla R/o New

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 355

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Colony, Ahmadpora, Magam, Pattan, Baramulla vide Notification No. 823

dated 02-03-2013 has been declared as absolute/final.

By order.

––––––––

Notification

No. 460 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Mohamad Hussain Dar S/o Mr. Mohammad

Mukhtar Dar R/o Check Kanispora, Dar Mohalla, Baramulla vide

Notification No. 225 dated 26-05-2011 has been declared as absolute/final.

By order.

––––––––

Notification

No. 461 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Yash Pal S/o Mr. M. R. Sharma R/o, P/O

Shama Chak, Jammu Tawi vide Notification No. 904 dated 10-01-2014

has been declared as absolute/final.

By order.

––––––––

Notification

No. 462 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Waseem Sajad Malik S/o Mr. Gh. Nabi Malik

R/o Gugloosa, Noor Abad, Kupwara vide Notification No. 115 dated

23-05-2013 has been declared as absolute/final.

By order.

––––––––

356 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 463 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Nasir Ahmad Chopan S/o Mr. Wali Mohd

Chopan R/o Shuloora, Kralpora, Kupwara vide Notification No. 104 dated

23-05-2013 has been declared as absolute/final.

By order.

––––––––

Notification

No. 464 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Sheikh Tariq S/o Mr. Mohd Akbar Sheikh

R/o Gouripora, Sanat Nagar, Srinagar vide Notification No. 525 dated

03-08-2011 has been declared as absolute/final.

By order.

––––––––

Notification

No. 465 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Aditya Krishan Vashisht S/o Mr. Krishan Kumar

Sharma R/o 4-Aditya Enclave, Satyam Road, Trikuta Nagar, Jammu vide

Notification No. 1345 dated 26-03-2015 has been declared as absolute/

final.

By order.

––––––––

Notification

No. 466 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Mohammed Iqbal S/o Mr. Mohd Hassan

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 357

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

R/o Commander Complex, Main Bazar, Baroo, Kargil vide Notification

No. 606 dated 01-12-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 467 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Sukhdev Singh S/o Mr. Badri Nath R/o

Bhagath, P/O Panthal, Tehsil and District Reasi vide Notification No. 09

dated 04-04-2013 has been declared as absolute/final.

By order.

––––––––

Notification

No. 469 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Mohd Iqbal Bhat S/o Mr. Ghulam Mohammad

Bhat R/o Jhayan, Kalaroon, Kupwara vide Notification No. 393 dated

04-09-2013 has been declared as absolute/final.

By order.

––––––––

Notification

No. 470 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Geetika Mengi D/o Mr. K. K. Mangi R/o

Mengi House, Lane No. 55, Greater Kailash, Jammu vide Notification

No. 29 dated 10-06-2010 has been declared as absolute/final.

By order.

––––––––

358 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 472 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Sarbjit Singh S/o Mr. Tara Singh R/o Rohi

(Babliana), P/O Gadi Garh (Lower), Jammu vide Notification No. 1168

dated 18-02-2012 has been declared as absolute/final.

By order.

––––––––

Notification

No. 473 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Shaheena Akhter D/o Mr. Ali Mohd Ganaie

R/o Hardu Shichen, Dialgam, Anantnag vide Notification No. 1104 dated

19-03-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 474 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Vandana Dogra D/o Mr. Rathan Lal Dogra

R/o H. No. 66, W. No. 12, Vijaypur, Samba vide Notification No. 288

dated 23-05-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 475 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Kavita Sharma D/o Mr. Pawan Kumar Sharma

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 359

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

R/o Shiv Timber Traders, Shanti Nagar, Tophsherkhania, Jammu vide

Notification No. 122 dated 11-06-2010 has been declared as absolute/

final.

By order.

––––––––

Notification

No. 476 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Richa Sharma D/o Mr. Ashwani Kumar Sharma

R/o Near Hanuman Mandir, Kandoli, Nagrota, Jammu vide Notification

No. 1157 dated 20-03-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 477 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Moon Parshad S/o Mr. Rajinder Parshad R/o

Village Ghat (Arnora), Tehsil and District Doda vide Notification No. 08

dated 04-04-2013 has been declared as absolute/final.

By order.

––––––––

Notification

No. 479 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Shagun Kapoor D/o Mr. Sanjay Kapoor R/o

H. No. 10, Dewan Temple Lane, Kachi Chowni, Jammu vide Notification

No. 1014 dated 18-03-2014 has been declared as absolute/final.

By order.

––––––––

360 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 480 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Yogesh Sharma S/o Mr. Ranjeet Kumar R/o

Purani Poonch, Ward No. 16, H. No. 110, Poonch vide Notification

No. 1141 dated 20-03-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 481 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Shashi Kanta D/o Mr. Vijay Kumar R/o Chak

Hasal, Bishnah, Jammu vide Notification No. 1041 dated 19-03-2014 has

been declared as absolute/final.

By order.

––––––––

Notification

No. 483 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Sabia Gulzar D/o Mr. Gulzar Ahmad Bhat

R/o Tral-i-Bala, Tehsil Tral, District Pulwama vide Notification No. 1348

dated 30-03-2015 has been declared as absolute/final.

By order.

––––––––

Notification

No. 484 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Roomie Jan D/o Mr. Ab. Hamid Naik R/o

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 361

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Reshipora, Kulgam vide Notification No. 351 dated 14-07-2014 has been

declared as absolute/final.

By order.

––––––––

Notification

No. 485 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Zahida Majeed Bazaz D/o Mr. Ab. Majeed

Bazaz R/o Ratnipora, Mohalla Andrabi, Tehsil Kakapora, District

Pulwama vide Notification No. 175 dated 20-05-2015 has been declared

as absolute/final.

By order.

––––––––

Notification

No. 486 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Zubair Hussain Gul S/o Mr. Ghulam Qadir Gul

R/o Maisuma, Gow Kadal ‘B’, Srinagar vide Notification No. 330 dated

08-07-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 487 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Ishfaq Ahmad Wani S/o Mr. Mohammad

Munawar Wani R/o Madmadow Kalaroos, Kupwara vide Notification

No. 329 dated 08-07-2014 has been declared as absolute/final.

By order.

––––––––

362 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 488 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Sarfaraz Nabi Lone S/o Mr. Gh. Nabi Lone

R/o Wagub, Sopore, District Baramulla vide Notification No. 328 dated

08-07-2014 has been declared as absolute/final.

By order.

––––––––

Notification

No. 489 Dated 02-07-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Saima Amin D/o Mr. Mohammad Amin R/o

S. K. Colony, Sec-1, Qamarwari, Srinagar vide Notification No. 736 dated

14-11-2014 has been declared as absolute/final.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol. 129] Jammu, Thu., the 8th Dec., 2016/17th Agra., 1938. [No. 36

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 — Notificatins.

————

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Corrigendum to Notification No. 58-Rev (LAJ) of 2016

Dated 30-08-2016.

Pleaese read “Ramban” intead of “Rajouri” and “SDM, Gool”

instead of “ ACR, Ramban” appearing in paras 4th and 6th respectively,

of Notification No. 58-Rev. (LAJ) of 2016 dated 30-08-2016.

(Sd.)

GHULAM RASOOL, KAS,

Deputy Secretary to Government,

Revenue Department.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—AGRICULTURE PRODUCTION DEPARTMENT.

Subject :— Settlement of overstayal period of Postgraduation in respect of Agriculture Officers.

Reference :—Director Agriculture, Kashmir Letter No. Agri/Estt/ Gaz-3506 dated 18-1-2016, No. Agri/Estt/ Gaz-3708

dated 25-01-2016, Agri/Estt/Gaz-3770 dated 01-02-2016, No. Agri/Estt/Gaz-3810 dated 03-02-2016 and

No. Agri/Estt/Gaz/2015-16/4623 dated 24-02-2016.

–––––––

Government Order No. 66 Agri of 2016

Dated 26-2-2016.

Whereas, vide Government Order No. 337-Agri of 2012 dated 13-12-2012, a framework laying down policy for

settlement of overstayal period of compleing the Postgraduation was issued ; and

398 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

Whereas, as reported by the Director, Agriculture, Kashmir vide his Communication No. Agri/Estt/Gaz-3506

dated 18-01-2016 read with No. Agri/Estt/Gaz-3770 dated 01-02-2016 and No. Agri/Estt/Gaz /2015-16/4623,

dated 24-2-2016, the Directors have settled the period of overstayal in respect of the officers as under :—

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

S.

Name of Officer

Reference

Date of

Date of

Total period

Excess

Remarks

No.

Government

relieving

joining

spend for

overstayal

Order No.

from Deptt.

back in

pursuing

period

and Date

Deptt.

Higher

Studies

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

1. Mohd Akbar Malik

Agri/E/55/91

09-11-1991

17-10-1994

2

11

6

-

11

6

Overstayed period

3463-73 dated

settled by DAK vide

27-09-1991

A. O. No. 169/Estt. of

2014, dated 06-03-2014

as 53 days E/L already

availed during MSc.

Period. 187 days E/L

and 96 days half pay

leave.

2. Bashir Ahmad Bhat

Agri/E/95/91

25-10-1991

02-01-1995

3

2

6

1

2

6

Overstayed period

dated 12-09-1991

settled by DAK vide

A. O. No. 576/Estt of

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 399

————————————————————————————————

2014 dated 31-12-2014 as 240 days E/L and 191 days half pay leave.

3. Mansoor Ahmad

483-Agri of

20-11-1991

25-10-1994

2

11

5

-

11

5

Overstayed period

Sheikh

1992 dated

settled by DAK vide

24-09-1992

A. O. No. 169/Estt of

2014 dated 06-03-2014,

as 240 days E/L and

95 days half pay

leave.

4. Manzoor Ahmad

483-Agri of

21-10-1991

08-08-1994

2

9

17

-

9

17

Overstayed period

Shardar

1992 dated

settled by DAK vide

24-09-1992

A. O. No. 175/Estt. of

2014 dt. 25-03-2014, as

240 days E/L and 47

days half pay leave.

5. Mushtaq Ah. Wani

483-Agri of

...

...

3

-

28

1

-

28

Overstayed period

1992 dated

settled by DAK vide

24-09-1992

A. O. No. 214/Estt. of

2014 dt. 11-06-2014.

400 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

6. Sonaullah Mir

25-Agri of

02-03-1993

06-04-1996

3

1

4

1

1

4

Overstayed period

1993 dt.

settled by DAK vide

15-01-1993

A. O. No. 175/Estt. of

2014 dt. 24-03-2014, as

240 days E/L and 159

days half pay leave.

7. Farooq Ahmad Tantray

25-Agri of

01-03-1993

01-01-1996

2

10

-

-

10

-

Overstayed period

1993 dated

settled by DAK vide

15-01-1993

A. O. No. 169/Estt. of

2014 dated 06-03-2014,

as 240 days E/L and

60 days half pay

leave.

8. Ab. Rahim Samoon

25-Agri of

01-03-1993

18-07-1995

2

4

17

-

4

17

Overstayed period

1993 dated

settled by DAK vide

15-01-1993

A. O. No. 120/Estt. of

2014 dated 22-02-2014,

as 132 days E/L.

9. Gh. Ahmad Bitchoo

166-Agri. of

...

...

2

6

19

-

6

19

Overstayed period

1993 dated

settled by DAK vide

02-03-1993

A. O. No. 214/Estt. of

2014 dated 11-06-2014,

as 63 days E/L.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 401

————————————————————————————————

402 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

10. M. Nayeem Shah

423-Agri of

...

...

3

-

15

1

-

15

Overstayed period

1994 dated

settled by DAK vide

03-08-1994

A. O. No. 214/Estt. of

2014 dated 11-06-2014.

11. Gh. Rasool Ganie

423-Agri. of

08-08-1994

13-01-1998

3

5

6

1

5

6

Overstayed period

1994 dated

settled by DAK vide

03-08-1994

A. O. No.169/Estt. of

2014 dated 06-03-2014,

as 270 days E/L and

251 half pay leave.

12. Bashir Ahmad Darzi

423-Agri. of

07-08-1994

14-10-1997

3

2

5

1

2

5

Overstayed period

1994 dated

settled by DAK vide

03-08-1994

A. O. No.576/Estt. of

2014 dated 31-12-2014,

as 240 days E/L and

190 half pay leave.

13. Faiz-ullah Gadoo

423-Agri of

07-08-1094

16--09-19997

3

1

9

1

1

9

Overatayed period

1994 dated

Settled by DAK vide

03-08-1994

A.O. No. 576/Estt of

2014 dated 31-12-2014,

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 403

————————————————————————————————

as 240 days

E/L, and 164 days

half pay leave

14. M. Ashraf Andrabi

431-Agri. of

09-10-1995

16-10-1998

3

-

7

1

-

7

Overstayed period

1995 dated

settled by DAK vide

21-09-1995

A. O. No. 169/Estt. of

2014 dated 06-03-2014,

as 285 days E/L. and

87 half pay leave.

15. Iqbal Hussain Mir

431-Agri. of

29-02-1996

05-08-1999

3

5

7

1

5

6

Overstayed period

1995 dated

settled by DAK vide

21-09-1995

A. O. No.169/Estt. of

2014 dated 06-03-2014,

however, recovery, if

any, effected is to be

verified as 300 days E/

L and 222 days half

pay leave

16. Farooq Ah. Sheikh

431-Agri. of

23-09-1995

19-12-1998

3

2

11

1

2

11

Overstayed period

1994 dated

settled by DAK vide

21-09-1995

A. O. No.120/Estt. of

2014 dated 22-02-2014,

404 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

as 285 days E/L and

151 days half pay

leave.

17. Shameem Ah. Rather

431-Agri. of

...

...

3

1

11

1

1

11

Overstayed period

1994 dated

settled by DAK vide

21-09-1995

A. O. No.214/Estt. of

2014 dated 11-06-2014,

as 8 months 15 days

E/L, and 04 months 20

days half pay leave.

18. Mushtaq Ahmad Shah

431-Agri. of

27-09-1995

29-12- 2998

3

3

2

1

3

2

Overstayed period

1994 dated

settled by DAK vide

21-09-1995

A. O. No.120/Estt. of

2014 dated 22-02-2014,

as 285 days E/L and

172 day half pay

leave.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 405

————————————————————————————————

19. Fayaz Ahmad Qadri

431- Agri of

26-09- 2995

13-09-1998

2

11

17

-

11

17

Overstayed period

1995 dated

settled by DAK vide

21-09-1995

A. O. No.576/Estt. of

2014 dated 31-12-2014, as

300 days E/L, and 47

days half pay leave.

20. Hilal Ahmad Malik

431-Agri. of

25-09-1995

30-04-1998

2

7

5

-

7

5

Overstayed period

1995 dated

settled by DAK vide

21-09-1995

A. O. No.175/Estt. of

2014 dated 25-03-2014,

as 215 days E/L.

21. Manzoor Ahmad Nazki

431-Agri. of

27-09-1995

22-07-1999

3

9

27

1

9

27

Overstayed period

1995 dated

settled by DAK vide

21-09-1995

A. O. No.169/Estt. of

2014 dated 06-03-2014,

as 300 days E/L,

and 362 days half pay

leave.

22. Aijaz Ahmad Tak

431-Agri. of

25-09-1995

23-12- 1999

3

9

29

1

2

29

Overstayed period

1994 dated

settled by DAK vide

21-09-1995

A. O. No.576/Estt. of

2014 dated 31-12-2014,

406 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

as 300 days E/L,and

154 days half pay

leave.

23. Fiaz Ahmad Keen

431-Agri. of

26-09-1995

24-12- 2998

3

1

29

1

1

29

Overstayed period

1995 dated

settled by DAK vide

21-09-1995

A. O. No.576/Estt. of

2014 dated 31-12-2014,

as 300 days E/L,and

154 days half pay

leave.

24. Ab.Gani Khan

436-Agri. of

07-10-1996

22-06- 2999

2

8

15

-

8

15

Overstayed period

1996 dated

settled by DAK vide

21-08-1996

A. O. No.169/Estt. of

2014 dated 06-03-2014,

as 255 days E/L.

25. Majid Hassan Antoo

436-Agri. of

24-08-1996

18-04-2000

3

7

24

1

7

24

Overstayed period

1996 dated

settled by DAK vide

21-08-1996

A. O. No.169/Estt. of

2014 dated 06-03-2014,

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 407

————————————————————————————————

as 300 days E/L, and

299 days half pay

leave.

26. Jan Mohammad

436-Agri. of

...

...

3

7

9

1

7

9

Overstayed period

Kuchay

1996 dated

settled by DAK vide

21-08-1996

A. O. No.175/Estt. of

2014 dated 25-03-2014,

as 285 days E/L, and

299 days half pay

leave.

27. Gh. Mohammad Mir

436-Agri. of

23-08-1996

13-10-1999

3

1

21

1

1

21

Overstayed period

1996 dated

settled by DAK vide

21-08-1996

A. O. No.175/Estt. of

2014 dated 25-03-2014,

as 300 days E/L, and

116 days half pay

leave.

28. Hamida Shah

436-Agri. of

...

...

2

11

15

-

11

15

Overstayed period

1996 dated

settled by DAK vide

21-08-1996

A. O. No.214/Estt. of

2014 dated 11-06-2014, as

300 days E/L, 09

months and 18 days

half pay leave.

408 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

29. Ab. Rashid Yatoo

436-Agri. of

10-08-1996

31-07-1999

2

11

21

-

11

21

Overstayed period

1996 dated

settled by DAK vide

21-08-1996

A. O. No.169/Estt. of

2014 dated 06-03-2014,

as 300 days E/L, and

51 days half pay

leave.

30. .Mohd Iqbal Khan

443-Agri. of

19-09-1997

14-11-2000

3

1

25

1

1

25

Overstayed period

1997 dated

settled by DAK vide

22-08-1997

A. O. No.576/Estt. of

2014 dated 31-12-2014, as

300 days E/L, and 120

days half pay leave.

31. Gh. Nabi Bhat

483-Agri. of

18-11-1991

30-7-1991

2

8

12

-

8

12

Overstayed period

1992 dated

settled by DAK vide

24-09-1996

A. O. No.576/Estt. of

2014 dated 31-12-2014,

as 240 days E/L, and

12 days half pay

leave.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 409

————————————————————————————————

32. Talid Riyaz Banday

535-Agri. of

28-02-1999

04-04-2002

3

1

5

1

1

5

Overstayed period

1998 dated

settled by DAK vide

18-12-1998

A. O. No.169/Estt. of

2014 dated 06-03-2014,

as 300 days E/L, and

100 days half pay

leave.

33. Fida Ali

535-Agri. of

27-02-1999

27-07-2001

2

4

27

-

4

27

Overstayed period

1998 dated

settled by DAK

18-12-1998

as147days E/L.

34. Bashir Ahmad Bhat

295-Agri. of

6-03-2003

22-07-2005

2

4

16

-

4

16

Overstayed period

2002 dated

settled by DAK

23-9-2002

as 136 days E/L.

read with GO

No. 79-Agri.

of 2003 dated

26-03-2003

35. Peer Mohd Iqbal

535-Agri. of

01-03-1999

16-08-2001

2

5

15

-

5

15

Overstayed period

1998 dated

settled by DAK

18-12-1998

as 165 days E/L.

36. Mohd Ramzan Wani

535-Agri. of

01-03-1999

16-08-2001

2

5

15

-

5

15

Overstayed period

1998 dated

settled by DAK

18-12-1998

as 165 days E/L.

410 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

37. Zahoor Ahamad Ganie

25-Agri. of

01-03-1993

26-04-1996

3

1

25

1

1

25

Overstayed period

1993 dated

settled by DAK

15-01-1993

as 240 days E/L, and

180 days half pay

leave.

38. Nisar Ahmad Khan

423-Agri of

08-08-1994

30-07-1997

2

11

23

-

11

23

Overstayed period

1994 dated

settled by DAK

3-08-1994

as 255 days E/L, and

98 days half pay

leave.

39. Syed Waseem Ahmad

Agri-E/8/ 93/

11-08-1994

10-06-1997

2

10

-

-

10

-

Overstayed period

GNL/Gaz dated

settled by DAK as

18-08-1994 read

240 days E/L, and 60

with 708-Agri.

days half pay leave.

of 1994 dated

27-09-1994

40. Ab. Qayoom Lawdari

443-Agri. of

08-10-1996

24-09-1999

2

11

16

-

11

16

Overstayed period

1997 dated

settled by DAK as

22-08-1997

300 days E/L and 46

days half pay leave.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 411

————————————————————————————————

41. Farooq Ahmad Shah

469-Agri. of

06-09-1994

09-07-1997

2

10

2

-

10

2

Overstayed period

1994 dated

settled by DAK as

31-08-1994

255 days E/L, and 47

days half pay leave.

42. Dildar Ahmad Shah

436-Agri. of

23-08-1996

22-01-2000

3

5

-

1

5

-

Overstayed period

1996 dated

settled by DAK as

21-08-1996

300 days E/L, and

215days half pay

leave.

43. Tabasum Naaz

436-Agri. of

23-08-1996

15-09-1999

3

-

22

1

-

22

Overstayed period

1996 dated

settled by DAK as

21-08-1996

279 days E/L, and

108days half pay

leave.

44. N. K. Pajnoo

Agri./E/88/

05-08-1988

27-01-1993

3

5

22

2

5

22

Overstayed period

1996 dated

settled by DAK as

02-08-1988

240 days E/L, and 240

days half pay leave,

432

days

Extra

Ordinary Leave.

45. Roshan Ahmad Ganie

295 Agri.of

04-03-2003

05-10-2005

3

1

9

1

1

9

Overstayed period

2002 dated

settled by DAK as

23-09-2002

210 days E/L.

412 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

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

1

2

3

4

5

6

7

8

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

Y

M

D

Y

M

D

read with GO

No. 79-Agri

of 2003 dated

26-03-2003

46. Shakeel Ahmad Chan

436-Agri.of

24-08-1996

06-10-1999

3

1

25

1

1

25

Overstayed period

1996 dated

settled by DAK as

21-08-1996

285 days E/L, and 123

days half pay leave.

47. Gh. Hassan Langoo

443-Agri.of

20-09-1997

01-06-2000

3

2

29

1

2

29

Overstayed period

1997 dated

settled by DAK as

22-08-1997

255 days E/L days.

48. Asmat Jan

436-Agri.of

07-10-1996

23-09-1999

3

2

6

1

2

6

Overstayed period

1996 dated

settled by DAK as

21-08-1996

285 days E/L, and 51

days half pay leave,

49. Syed Javaid Ah.

431 Agri.of

25-09-1995

07-11-1998

3

11

12

1

11

12

Overstayed period

1995 dated

settled by DAK as

21-09-1995

255 days E/L, and 155

days half pay leave.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 413

————————————————————————————————

50. Ghulam-ud-Din Mir

469-Agri.of

3-09-1994

06-08-1997

3

11

3

-

11

3

Overstayed period

1994 dated

settled by DAK as

31-08-1994

188 days E/L, and 145

days half pay leave.

51. Nisar Ahmad Shah

237-Agri.of

08-09-2003

27-04-2006

2

7

19

-

7

19

Overstayed period

2003 dated

settled by DAK as

8-09-2003

229 days E/L.

52. Shabir Ahmad Wafai

46-Agri.of

05-03-2003

23-09-2005

2

6

18

-

6

18

Overstayed period

2003 dated

settled by DAK as

25-02-2003

198 days E/L.

Whereas, it has also been pointed out by the Director, Agriculture, Kashmir that the period decided by the

Directors at their own level is beyond the scope of law and needs a review ; and

Whereas, the matter has been examined in the Administrative Department in terms of Government Order

No. 337-Agri. of 2012 dated 13-12-2012/Leave Rules in vogue at the relevant point of time, it has been felt that the

settlement of overstayal period ordered by the Director, Agriculture, Kashmir in the above cases needs a review as

these have not been settled in accordance with rules/policy as contained in Government Order No. 337-Agri. of 2012

dated 13-12-2012.

414 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [ No. 36

————————————————————————————————

Now, therefore, in terms of the Leave Rules applicable at the relevant point of time read with Government

Order No. 337-Agri. of 2012 dated 13-12-2012 and in supersession/partial modification of orders issued from time to

time on the subject by the Director, Agriculture, Kashmir as referred hereinabove, sanction is hereby accorded to the

settlement of overstayal period by the Director, Agriculture, Kashmir of the above mentioned officers as Extraordinary

leave without allowances, for the periods indicated against each. The status of the cases settled by the Director, Agriculture,

Kashmir in accordance with the rules/policy shall, however, not be disturbed. Any other case settled by the Director, in

violation of the rules shall immediately be referred to the Administrative Department for review/settlement.

Further, it is ordered that the recoveries against all the officers, who have drawn any pay while pursuing higher

studies to which they were not entitled to shall be recovered under rules.

This issues with the concurrence of the Director (Finance), Agriculture Production Department.

By order of the Government of Jammu and Kashmir.

(Sd.)

MOHAMMAD ASHRAF BUKHARI, IAS,

Commissioner/Secretary to Government,

Agriculture Production Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Jammu, Thu., the 8th Dec., 2016/17th Agra., 1938. [ No. 36

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

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

separate compilation.

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

PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

Subject :––Charge Report.

–––––––

Certified that we the undersigned have respectively handed over/

taken over the charge of the post of Chief Horticulture Officer, Kathua

today on 1st November, 2016 (F. N.) with the details of Cash Balance as

under :––

S.

Name of the

Account No.

Name of the

Amount

No.

scheme

Bank

available as

on 31-10-2016

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

1

2

3

4

5

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

1.

MIDH/HMNEH

19294

J&K, Main Branch,

Rs. 2531.00/-

Kathua

1

2

3

4

5

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

2.

National Mission

238

J&K, Main Branch,

Rs. 1187.00/-

on Micro Irrigation

Kathua

3.

National Mission

0047

J&K, Main Branch,

Rs. 221.00

Medicinal Plants

Kathua

4.

ATMA

235

J&K, Main Branch,

Rs. 2657.00/-

Kathua

(Sd.) TARVINDER SINGH,

Joint Director, Horticulture.

Relieved Officer.

(Sd.) AJEET KUMAR SHARMA,

Chief Horticulture Officer, Kathua.

Relieving Officer.

72 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 129] Jammu, Thu., the 8th Dec., 2016/17th Agra., 1938. [No. 36

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

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, DEFENCE,

RAJOURI/POONCH HEADQUARTER, RAJOURI.

Subject :—Notice under sections 9 & 9 (A) of the Land Acquisition Act,

to the persons interested in the land to be acquired.

–––––––

Whereas, the land whose specification is given below is required

for public purpose namely for widening of Rajouri Sair Puni road

declared by J&K Government, Revenue Department vide Notification

No. 62-Rev(LAJ) of 2016 dated 31-08-2016 issued under endorsement

No. Rev/LAJ/100/2016-Goder dated 31-08-2016. All the persons

interested in the said land are informed to attend this office personally

or by an agent within 15 days to state the nature of their respective

interests in the land, the amount and particulars of their claim to

compensation for such interests and their objections, if any, to the

measurement of the land.

Specification of land

District

Tehsil

Village

Khasra

Area

Nos.

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

K. M.

Rajouri

Rajouri

Goder

138/2

01–02

189

03–09

191

00–05

187/1

01–01

190

00–01

187

00–14

139

01–05

234

00–05

231

00–06

187/5

01–17

192

00–01

105

24–13

––––––––

G. Total

34–19

––––––––

(Sd.) ABDUL QAYOOM MIR, KAS,

Collector,

Land Acquisition, Defence,

Poonch-Rajouri Hq., Rajouri.

––––––––

474 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE,

RAJOURI/POONCH HEADQUARTER, RAJOURI.

Subject :—Notice under sections 9 & 9 (A) of the Land Acquisition Act, to

the persons interested in the land to be acquired.

–––––––

Whereas, the land whose specification is given below is required

for public purpose namely for widening of Jammu-Rajouri-Poonch D/L

road by GREF, declared by J&K Government, Revenue Department vide

Notification No. 50-Rev (LAJ) of 2016 dated 10-08-2016 issued under

endorsement No. Rev/LAJ/101/2016-Pathan Mohra dated 10-08-2016. All

the persons interested in the said land are informed to attend this office

personally or by an agent within 15 days to state the nature of their respective

interests in the land, the amount and particulars of their claim to

compensation for such interests and their objections, if any, to the

measurement of the land.

Specification of land

District

Tehsil

Village

Khasra

Area

Nos.

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

1

2

3

4

5

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

K. M.

Rajouri

Rajouri

Pathan Mohra

50

04–11

66

00–09

105

00–01

107

00–09

105

01–03

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 475

—––––––––––––––––––––––––––––––––––––––––––––––––———––––––

476 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

106

00–02

108

00–13

––––––––

G. Total

07–-08

––––––––

(Sd.) ABDUL QAYOOM MIR, KAS,

Collector,

Land Acquisition, Defence,

Poonch, Rajouri Hq., Rajouri.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE,

RAJOURI/POONCH HEADQUARTER, RAJOURI.

Subject :—Notice under sections 9 & 9 (A) of the Land Acquisition Act, to

the persons interested in the land to be acquired.

–––––––

Whereas, the land whose specification is given below is required

for public purpose namely for widening of Jammu-Poonch D/L

specification road by GREF, declared by J&K Government, Revenue

Department vide Notification No. 45-Rev (LAJ) of 2016 dated 29-06-

2016 issued under endorsement No. Rev/LAJ/54/2016-Bathuni dated

29-06-2016. All the persons interested in the said land are informed to

attend this office personally or by an agent within 15 days to state the

nature of their respective interests in the land, the amount and

1

2

3

4

5

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

K. M.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 477

—––––––––––––––––––––––––––––––––––––––––––––––––———––––––

particulars of their claim to compensation for such interests and their

objections, if any, to the measurement of the land.

Specification of land

District

Tehsil

Village

Khasra

Area

Nos.

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

1

2

3

4

5

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

K. M.

Rajouri

Rajouri

Bathuni

807 min/504

01–13

686 min

00–15

688

00–07

691 min

00–04

699

00–18

701

01–08

703

01–08

705

01–06

707 min

20–09

713

00–18

715

00–06

717

01–17

719

01–15

721

00–03

723

02–17

478 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

728

01–15

731

00–03

734 min

00–07

742

00–12

744

02–00

747

00–06

754

00–09

727

00–08

634 min/1

02–11

687 min

00–04

689

03–17

692 min

00–15

700

00–06

702

00–08

704

03–00

706 min

00–02

712

00–05

714

02–10

1

2

3

4

5

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

K. M.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 479

—––––––––––––––––––––––––––––––––––––––––––––––––———––––––

1

2

3

4

5

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

K. M.

716

02–17

718

00–04

720

00–03

722

02–16

724

03–00

730

00–05

732 min

00–07

735 min

01–04

743

02–02

746

06–06

753

00–03

766

04–02

––––––––

G. Total

79–-11

––––––––

(Sd.) ABDUL QAYOOM MIR, KAS,

Collector,

Land Acquisition, Defence,

Poonch, Rajouri Hq., Rajouri.

––––––––

480 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE,

RAJOURI/POONCH HEADQUARTER, RAJOURI.

Subject :—Notice under sections 9 & 9 (A) of the land Acquisition Act, to

the persons interested in the land to be acquired.

–––––––

Whereas, the land whose specification is given below is required

for public purpose namely for widening of Jammu-Poonch D/L

specification road by GREF, declared by J&K Government,

Revenue Department vide Notification No. 78-Rev (LAJ) of 2016 dated

23-09-2016 issued under endorsement No. Rev/LAJ/121/2016-Salani

dated 23-09-2016. All the persons interested in the said land are

informed to attend this office personally or by an agent within 15 days

to state the nature of their respective interests in the land, the amount

and particulars of their claim to compensation for such interests and

their objections, if any, to the measurement of the land.

Specification of land

District

Tehsil

Village

Khasra

Area

Nos.

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

1

2

3

4

5

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

K. M.

Rajouri

Rajouri

Salani

01

00–04

02 min

01–00

08 min

00–01

48

02–07

49

00–06

96

01–15

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 481

—––––––––––––––––––––––––––––––––––––––––––––––––———––––––

1

2

3

4

5

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

K. M.

02

03–08

120/11/2

03–08

47

28–06

48/1

05–01

50

00–08

98

02–11

––––––––

G. Total

48–-15

––––––––

(Sd.) ABDUL QAYOOM MIR, KAS,

Collector,

Land Acquisition, Defence,

Poonch, Rajouri Hq., Rajouri.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE,

RAJOURI/POONCH HEADQUARTER, RAJOURI.

Subject :—Notice under sections 9 & 9 (A) of the Land Acquisition Act, to

the persons interested in the land to be acquired.

–––––––

Whereas, the land whose specification is given below is required

for public purpose namely for widening of Jammu-Poonch D/L

specification road by GREF, declared by J&K Government,

Revenue Department vide Notification No. 69-Rev (LAJ) of 2016 dated

482 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

31-08-2016 issued under endorsement No. Rev/LAJ/110/2016-Chenani

Bagla dated 31-08-2016. All the persons interested in the said land are

informed to attend this office personally or by an agent within 15 days

to state the nature of their respective interests in the land, the amount

and particulars of their claim to compensation for such interests and

their objections, if any, to the measurement of the land.

Specification of land

District

Tehsil

Village

Khasra

Area

Nos.

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

1

2

3

4

5

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

K. M. S.

Rajouri

Rajouri

Chenani Bagla

11

01–04–00

12/1

01–07–00

14 min

00–18–00

15 min

00–03–00

20/1

03–01–00

22 min

00–19–00

24 min

01–03–00

33 min

00–09–00

48 min

00–01–00

50 min

02–16–06

50/2

00–07–00

52

00–01–00

78/54 min

02–00–00

56 min

00–02–00

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 483

—––––––––––––––––––––––––––––––––––––––––––––––––———––––––

57/1

02–04–00

12 min

01–08–00

13 min

02–14–07

10 min

02–19–00

20 min

02–02–00

21

03–15–00

23 min

00–10–00

24/1

01–01–00

34 min

00–09–00

49 min

02–13–00

50/1

00–03–00

51

03–19–00

53 min

00–06–00

79/54 min

00–02–00

57 min

00–15–00

57/2

00–09–00

––––––––

G. Total

40–-01–04

––––––––

(Sd.) (Sd.) ABDUL QAYOOM MIR, KAS,

Collector,

Land Acquisition, Defence,

Poonch, Rajouri Hq., Rajouri.

––––––––

1

2

3

4

5

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

K. M. S.

484 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION, DEFENCE,

RAJOURI/POONCH HEADQUARTER, RAJOURI.

Subject :—Notice under sections 9 & 9 (A) of the Land Acquisition Act, to

the persons interested in the land to be acquired.

–––––––

Whereas, the land whose specification is given below is required

for public purpose namely for widening of Jammu-Rajouri-Poonch D/L

road by GREF, declared by J&K Government, Revenue Department vide

Notification No. 60-Rev (LAJ) of 2016 dated 31-08-2016 issued under

endorsement No. Rev/LAJ/2016-Androlla dated 31-08-2016. All the

persons interested in the said land are informed to attend this office

personally or by an agent within 15 days to state the nature of their respective

interests in the land, the amount and particulars of their claim to

compensation for such interests and their objections, if any, to the

measurement of the land.

Specification of land

District

Tehsil

Village

Khasra

Area

Nos.

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

1

2

3

4

5

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

K. M.

Rajouri

Rajouri

Androlla

03 min

06–01

01 min

06–08

593/59 min

04–05

591/1 min

11–04

587/1

00–13

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 485

—––––––––––––––––––––––––––––––––––––––––––––––––———––––––

589/1

00–08

588/1

00–04

––––––––

G. Total

29–-03

––––––––

(Sd.) ABDUL QAYOOM MIR, KAS,

Collector,

Land Acquisition, Defence,

Poonch, Rajouri Hq., Rajouri.

––––––––

Notice

The name of my father has wrongly been entered in my

Departmental Identity Card of Income Tax Department vide

No. FTWPS4185N as Jaggar Singh instead of correct name Jagar Mal.

I am applying for correction of the same. Objection, if any, may be

conveyed to concerned authorities within seven days of publication of

this notice.

Kasturi Singh S/o Jagar Mal

R/o 527, Lane No. 1,

Main Road, Digiana, Jammu.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN, EVACUEE

PROPERTY, DISTRICT POONCH.

Notification

Dated 27-07-2016.

In pursuance of sub-section (1) section 6 of the Jammu and

Kashmir State Evacuee (Administration of Property) Act VI 2006, the

1

2

3

4

5

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

K. M.

486 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Deputy Custodian is pleased to notify for grneral information the list

of Evacuees Properties specified in the schedule annexed hereto, which

have vested in him.

Schedule

S. No.

Description

Location

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

01.

1. Land measuring 3 Kanals 3 Marlas

covered under Khasra No. 118

belonging to Alli Akbar, Ali Hader,

Mohd. Afsir, Bahadhar Ali, Sadaq

Hussain, Barkat Hussain, Shar Dil

Khan, Ali Badha Khan, Fatha Hader

Khan evacuees of 1947 as per

Jamabandi, 1961-62 issued by Record

Room, Haveli, Poonch.

(Sd.) A. R. SHELKH,

Deputy Custodian,

Evacuee Property,

District Poonch.

––––––––

NOTICE

My and my father’s name has wrongly been written as Chander

Mani Langeh S/o Shri Babu Ram Langeh instead of Chander Mani

S/o Shri Kutti Ram in my PAN Card bearing Reg. No. ACDPLO279K.

Now, I am applying for correction of the same. Objections, if any, may

be conveyed to Income Tax Office, Jammu within 7 days.

Chander Mani

S/o Shri Kutti Ram,

R/o Village Chack Bhalwal,

Seri Panditan, Jammu.

Village Gohlad

Tehsil Mendhar,

District Poonch.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Jammu, Thu., the 8th Dec., 2016/17th Agra., 1938. [ No. 36

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

separate compilation.

ADVERTISEMENTS—C

––––––––––

OFFICE OF THE EXECUTIVE ENGINEER, TRANSMISSION LINE

MAINTENANCE DIVISION-I, JANIPUR, JAMMU.

Power Development Department J&K Notice Inviting e-Bids

(Notice Inviting Tender)

The Executive Engineer, Transmission Lines Maintenance Division-

I, Jammu, Power Development Department, J&K, for and on behalf of

the Governor, Jammu and Kashmir State invites online e-Bids from

experienced, reputed competent and financially sound Contractors/

Companies/Firms/Joint Ventures for Turn Key Package for

REPLACEMENT OF OLD SF6 BREAKERS BY SUPPLY,

ERECTION, TESTING AND COMMISSIONING OF 2 NOS. 145 KV

SF6 CIRCUIT BREAKERS INCLUDING CIVIL WORKS OF

DISMANTLING OLD AND LAYING OF NEW BREAKER

FOUNDATIONS FOR GRID STATION, JANIPUR IN JAMMU

AND KASHMIR STATE, fulfilling eligibility and qualification requirements

specified in the bidding documents. Bidders are advised to study the bidding

document carefully. Submission of e-Bid against this Standard Bidding

Document (SBD) shall be deemed to have been done after careful study and

examination of the procedures, terms and conditions of the Standard Bidding

Document with full understanding of its implications. The tender document

is available at website http://jktenders.gov.in. Interested bidders may view/

download the e-Bid document, submit their e-Bid online up to the date and

time mentioned in the table below :—

Scope of the Work

Estimated

Earnest

Cost of Tender

Last date of

Cost

Money

Documents

e-Bids

submission

online

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

Replacement of old

Rs. 25.00 Rs. 0.50 Rs. 5000/-

09-12-2016

SF6 breakers by

Lacs

Lacs

(Rupees five

supply, installation,

thousand only)

testing, commissioning

in the shape of

and erection of

non-refundable

02 Nos. 145 KV

bank draft drawn

SF6 Circuit Breakers

in favour of

including civil works

Executive Engineer,

of dismantling old

Transmission

laying of new breaker

Line Maintenance

foundations for Grid

Division-I, Jammu

Station, Janipur, Jammu

in Jammu and Kashmir

State F. O. R. at

respective Grid.

a. Date and time of downloading of

The Standard Bidding Document

Standard Bidding Document

can be downloaded over

http://jktenders.gov.in from

16-11-2016 (4.00 PM onwards).

138 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

b. Tender Document Sale and

28-11-2016 (up to 4.00 PM.

Download end date

c. Pre-bid meeting

22-11-2016 at 1200 hrs. in the

Office of Executive Engineer,

TLMD-I, Janipur, Jammu—180007

for any clarification if required.

d. e-Bid submission start date

28-11-2016 from 4.00 PM.

(Submission of e-Tender fee,

EMD and other supporting

documents in PDF/XLS format)

e. Last date for submission of hard

03-12-2016 at 4.00 PM.

copy of e-Bid

f. e-Bid submission end date and time

07-12-2016 at 2.00 PM.

g. Online Commercial and Technical

09-12-2016 at 2.00 PM.

e-Bid opening date and time

h. On-line financial e-Bid opening

Will be communicated to the

date and time

Technically Qualified Bidders.

i. Estimated cost

Rs. 25.00 Lacs.

j. Venue of opening of Technical

The Office of Executive Engineer,

and Financial e-Bids

TLMD-I, Janipur, Jammu-180007.

k. Amount of Earnest Money Deposit

Rs. 0.50 Lacs.

Time for downloading of tender document :

From 16-11-2016 (4 :00 PM onwards) to 09-12-2016 (up to 2: PM) from

the website of http/jktenders.gov.in.

The bid of the firms/contractors/self-help groups/companies/joint

ventures involved in the litigation/arbitration with the PDD without completing

the works allotted to them, shall not be considered.

Period of completion : 03 Months. After the issue of LOA.

Status of Fund : To be funded under T&D.

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 139

The qualifying criteria for the bidders shall be the following :—

(1) The bidder shall have the following minimum Qualification Criteria

for submitting the bid :—

(a) Average annual financial turnover during the last 3 years,

ending 31st March of the previous financial year, should be

at least 30% of the estimated cost.

(b) Experience of having successfully completed similar works

during last 5 years ending last day of month previous to the

one in which applications are invited should be either of the

following :—

(i) Three similar completed works costing not less than the

amount equal to 40% of the estimated cost.

or

(ii) Two similar completed works costing not less than the

amount equal to 50% of the estimated cost.

or

(iii) One similar completed works costing not less than the

amount equal to 80% of the estimated cost.

(c) Equipment proposed shall be of similar or higher rating

which should be in service for a minimum period of two (2)

years and satisfactory performance certificate in respect of

this is to be submitted.

(2) E-Bids can be submitted by—

(i) A single firm that meets all qualification requirements

setforth above.

(ii) A joint venture of firms not more than two who shall meet all

qualification requirements setforth above individually or jointly.

Either of the partner can be designated as lead

partner on whose name tender shall be purchased.

140 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

(iii) All the e-Bids must be accompanied by the scanned copy of

EMD in the form of Bank Guarantee pledged to the

Executive Engineer, Transmission Line Maintenance

Division-I, Janipur, Jammu, J&K. No interest would be

payable on Earnest Money deposited with the department.

(iv) To submit Hard Copy of original instrument of EMD to

Executive Engineer, Transmission Line Maintenance

Division-I, Janipur, Jammu, J&K at least two days before

the opening of the Commercial and Technical e-Bid (latest

by 07-12-2016).

(3) The date and time of opening of Financial Bids shall be notified on

Website http://jktenders.gov.in. This will be conveyed to the

qualified bidders automatically through an e-Mail message on

their e-Mail address. The financial bids shall be opened accordingly

online on same Website at the Office of Executive Engineer,

TLMD-I Janipur, Jammu (PDD), J&K. The e-Bids will be

electronically opened in the presence of bidder’s representatives,

who choose to attend at the venue, date and time mentioned in the

above table. The bidder’s representative attending the opening

shall have to produce an authority letter issued by the firm.

(4) This SBD is available on the website http://jktenders.gov.in to

enable the bidders to view, download the e-Bid document and

submit e-Bids online up to the last date and time mentioed in

e-Tender notice/e-Tender document against this e-Tender. The

bidders shall have to pay the e-bid document fee of Rs. 5000/-

(Rupees five thousand only) through Demand Draft payable to

Executive Engineer, Transmission Line Maintenance Division-I,

Janipur, Jammu. The scanned copy of the Demand Draft must be

uploaded along with the e-Bid but the original Demand Draft

should reach the office of Executive Engineer, Transmission Line

Maintainance Division-I, Janipur, Jammu , J&K before opening

of tender i. e. before 09-12-2016. The e-Tender document fee

will be non-refundable.

(5) The bidder should submit six set of duly signed and stamped hard

copy of SBD except Price Bid to the Office of Executive

No. 36] The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. 141

Engineer, Transmission Line Maintenance Division-I, Janipur,

Jammu, J&K before two days of e-Bid submission.

(6) The Executive Engineer, Transmission Line Maintenance

Division-I, Jammu, Power Development Department reserves

the right to reject any or all the e-Bid documents without assigning

any reasons thereof.

(7) The bidder should visit the Grid Station, Janipur, Jammu before

quoting and acquaint himself with the prevailing conditions/

existing system there.

(8) Bidder/contractor has to complete all the works which may not

have been mentioned in the BoQ but necessary for completion of

replacement of old SF6 breakers by supply, erection, testing and

commissioning of 2 Nos. 145 KV SF6 circuit breakers including

civil works of dismantling old and laying of new breaker foundations

for Grid Station, Janipur in Jammu and Kashmir State.

(Sd.)

......................

Executive Engineer,

TLMD-I, Janipur, Jammu.

142 The J&K Govt. Gazette, 8th Dec., 2016/17th Agra., 1938. [No. 36

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Power Section)

Notification

Srinagar, the 15th of September, 2016.

SRO-298.––In exercise of the powers conferred by sub-section (1)

of section 12 of the Code of Criminal Procedure, Samvat 1989, the

Government hereby appoint Shri Jatinder Mishra (KAS), Assistant

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol.129] Jammu, Thu., the 15th Sept., 2016/24th Bhad., 1938. [No. 24-b

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.

———–

Commissioner (Revenue), Kathua to be the Executive Magistrate of the

First Class who shall exercise all the powers of an Executive Magistrate of

the First Class within his territorial jurisdiction of District Kathua.

The Government further in exercise of the powers conferred by sub-

section (2) of section 10 of the said Code, appoint the aforesaid Executive

Magistrate as Additional District Magistrate within his territorial jurisdiction

of District Kathua and shall have all the powers of District Magistrate

under the said Code.

By order of the Government of Jammu and Kashmir.

(Sd.)

ABDUL MAJID BHAT,

Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

2

The J&K Govt. Gazette, 15th Sept., 2016/24th Bhad., 1938.

[No. 24-b

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 20th September, 2016.

SRO-301.––In exercise of the powers conferred by sub-section (1)

of section 12 of the Code of Criminal Procedure, Samvat, 1989, the

Government hereby appoints the following officers to be the Executive

Magistrates of the 1st Class who shall exercise all the powers of an Executive

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol.129] Jammu,Tue., the 20th Sept., 2016/29th Bhad., 1938. [No. 24-e

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.

———–

Magistrate of the 1st Class within their respective territorial jurisdiction of

District Rajouri :—

S. No. Name of Officer

Posted as

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

1.

Shri Mohammad Riaz

Tehsildar, Nowshera

2.

Shri Salam Din, Jr. KAS

Tehsildar, Rajouri

3.

Shri Suneet Singh

I/c Tehsildar, Kalakot

4.

Shri Vijay Kumar Sharma

I/c Tehsildar, Sunderbani

5.

Shri Shahid Iqbal

I/c Tehsildar, Thanamandi

By order of the Government of Jammu and Kashmir.

(Sd.)

ABDUL MAJID BHAT,

Secretary to Government,

Department of Law, Justice and Paliamentary Affairs.

2

The J&K Govt. Gazette, 20th Sept., 2016/29th Bhad., 1938.

[No. 24-e

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol.129]

Jammu,Tue., the 20th Sept, 2016/29th Bhad., 1938. [No. 24-f

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–COOPERATIVE DEPARTMENT

Notification

Srinagar, the 20th September, 2016.

SRO-302.––In exercise of the powers conferred by sub-section (4)

of section 29 of the Jammu and Kashmir Cooperative Societies Act, 1989,

and in supersession of all previous notifications/orders on the subject, the

Government hereby appoints the Board of Management for managing the

affairs of the Jammu and Kashmir Cooperative Supply and Marketing

Federation (JAKFED) Ltd., comprising of the following, namely :—

1.

Hon’ble Minister for Cooperatives

Chairman

2.

Hon’ble Minister of State for Cooperatives

Vice-Chairman

3.

Administrative Secretary, Planning,

Member

Development and Monitoring Department

4.

Administrative Secretary, Finance Department Member

5.

Administrative Secretary, Cooperatives

Member

Department

6.

Registrar Cooperative Societies, J&K

Member

7.

Managing Director, JAKFED Ltd.

Member-Secretary

The tenure of the Board of Management shall be for three months or

till the elections are held, whichever is earlier.

By order of the Government of Jammu and Kashmir.

(Sd.)

HEMANT KUMAR SHARMA, IAS,

Secretary to Government,

Cooperatives Department.

2

The J&K Govt. Gazette, 20th Sept., 2016/29th Bhad., 1938.

[No. 24-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol.129] Jammu,Tue., the 20th Sept, 2016/29th Bhad., 1938. [No. 24-h

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––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 20th September, 2016.

SRO-304.––In exercise of the powers conferred by sub-section (1)

of section 12 of the Code of Criminal Procedure, Samvat, 1989, the

Government hereby appoints the below mentioned officers to be the

Executive Magistrate of the First Class who shall exercise all the powers

of an Executive Magistrate of the First Class within the jurisdiction as

shown against each :—

S.

Name of the Officer

Designation

Jurisdiction

No.

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

S/Shri

1.

Mohammad Saleem Khan

Dy. Custodian

Anantnag,

Pulwama/Shopian

and Kulgam.

2.

Mohammad Iqbal Haji

do.

Kathua.

3.

Gh. Nabi Mir

do.

Headquarter Jammu

with additional charge

of District Reasi.

4.

Aijaz Ahmad

do.

Baramulla and

Kupwara.

5.

Ab. Rashid Sheikh

do.

Poonch.

6.

Ashok Kumar Safaya

do.

Rajouri.

7.

Mushtaq Ahmad Baqal

do.

Headquarter Srinagar

with Districts

Budgam and

Ganderbal.

8.

Abdul Qayoom Qadri

do.

Udhampur.

By order of the Government of Jammu and Kashmir.

(Sd.)

ABDUL MAJID BHAT,

Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

2

The J&K Govt. Gazette, 20th Sept., 2016/29th Bhad., 1938.

[No. 24-h

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129]

Jammu, Thu., the 22nd Sept., 2016/31st Bhad., 1938.

[No. 25-a

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—LABOUR AND EMPLOYMENT

DEPARTMENT

Notification

Srinagar, the 22nd September, 2016.

SRO-306.––Whereas, the management of M/s. Free India

Gun Manufactures, Satwari, Jammu C/o 6, Industrial Estate, Extension

Area, Ashok Nagar, Satwari Cantt. through its partner S. Sharanjit

Singh S/o Late Kartar Singh R/o 355, Sant Market, Below Gumat,

Jammu has terminated the services of its workman namely Krishan Lal

and 12 others ; and

EXTRAORDINARY

REGD. NO. JK—33

Whereas, the aforesaid workman and 12 others raised a dispute

against the Management of M/s. Free India Gun Manufactures, Satwari,

Jammu C/o 6, Industrial Estate, Extension Area, Ashok Nagar, Satwari

Cantt. through its partner S. Sharanjit Singh S/o Late Kartar Singh R/o

355, Sant Market, Below Gumat, Jammu before the Conciliation Officer

(Assistant Labour Commissioner), Jammu ; and

Whereas, all efforts were made by Conciliation Officer during the

conciliation proceedings to settle the dispute but both the parties were

adamant on their stand and not willing to settle the dispute through

negotiation ; and

Whereas, the Conciliation Officer (Assistant Labour Commissioner),

Jammu submitted his failure report recommending the case for its reference

to the Labour Court for adjudication ; and

Whereas, the Government is of the opinion that an industrial dispute

exists between the M/s. Free India Gun Manufactures, Satwari,

Jammu C/o 6, Industrial Estate Extension Area, Ashok Nagar, Satwari

Cantt. through its partner S. Sharanjit Singh S/o Late Kartar Singh

R/o 355, Sant Market, Below Gumat, Jammu and the aforesaid workman

and 12 others ; and

Whereas, the Government considers it desirable to refer the said

dispute to the Labour Court for adjudication.

Now, therefore, in exercise of the powers conferred by clause (c)

of sub-section (1) of section 10 of the Industrial Disputes Act, 1947

(XIV of 1947), the Government hereby refers the said dispute to the

Labour Court for adjudication on the following issues :—

1. Whether M/s. Free India Gun Manufactures, Satwari, Jammu

is legally justified in terminating the services of its workman

namely Krishan Lal and 12 others ?

2. If not, to what relief they are entitled to ?

By order of the Government of Jammu and Kashmir.

(Sd.) NIRMAL SHARMA, IAS,

Secretary to Government,

Labour and Employment Department.

2 The J&K Govt. Gazette, 22nd Sept., 2016/31st Bhad., 1938. [ No. 25-a

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 22nd September, 2016.

SRO-307.––In exercise of the powers conferred by section 4 of the

Jammu and Kashmir Development Act, 1970 (XIX of 1970) and in

supersession of Notification SRO-135 dated 28-03-2013, the Government

hereby appoint the following as Members of the Katra Development

Authority constituted vide Notification SRO-579 dated 12-09-1986 :—

1. Chief Minister

Chairman

2. Minister for Housing and Urban

Vice-Chairman

Development Department

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Jammu, Thu., the 22nd Sept., 2016/31st Bhad., 1938. [No. 25-b

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.

———–

3. MLA, Reasi

Member

4. Administrative Secretary, Planning

Member

and Dev. Department

5. Administrative Secretary, Finance

Member

Department

6. Administrative Secretary, Housing

Member

and UD Department

7. Divisional Commissioner, Jammu

Member

8. Additional CEO, SMVDSB

Member

9. Deputy Commissioner, Reasi

Member

10. Director, Urban Local Bodies, Jammu

Member

11. Chief Town Planner, Jammu

Member

12. Chief Executive Officer, KDA

Member

The terms of the office of the aforesaid members shall be two years.

By order of the Government of Jammu and Kashmir.

(Sd.) HIRDESH KUMAR SINGH, IAS,

Commissioner/Secretary to Government,

Housing and Urban Development Department.

2

The J&K Govt. Gazette, 22nd Sept., 2016/31st Bhad., 1938.

[No. 25-b

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129]

Jammu, Fri., the 21st Oct., 2016/29th Asv., 1938.

[No. 29-b

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–DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 21st October, 2016.

SRO-340.—In exercise of the powers conferred by

section 492 (1) of the Code of Criminal Procedure, Samvat 1989,

the Government hereby rescinds Notification SRO-407 of 2015.

The following cases shall be conducted by Additional Public Prosecutor,

Doda before the Court of Additional Sessions Judge, Doda :––

1. State Vs. Mehraj-ud-Din, offence under sections 8/21 NDPS

Act.

2. State Vs. Mehraj-ud-Din offence under sections 8/21 NDPS

Act.

3. State Vs. Bilal Ahmed offence under sections 8/21 NDPS

Act.

4. State Vs. Shoukat and others offence under sections 8/20

NDPS Act.

5. State Vs. Imtiyaz Ahmed and ors. offence under

sections 8/21 NDPS Act.

6. State Vs. Mohd. Aslam and ors. offence under

sections 8/21/22 NDPS Act.

7. State Vs. Ram Lal and ors. offence under section 307 RPC.

8. State Vs.Vijay Kumar offence under section 376 RPC.

9. State Vs. Noor Mohd. and another offence under

section 376 RPC.

10.

State Vs. Najeeb-ur-Rehman and ors. offence under

sections 323/364 RPC.

11.

State Vs. Bilal Ahmed offence under sections 8/21/22 NDPS

Act.

12.

State Vs. Jeet Singh offence under sections 337/279 RPC.

13.

State Vs. Muneer Ahmed offence under section 376 RPC.

14.

Mohd. Ishaq Lone Vs. State offence under sections 279/337/

304-A RPC.

By order of the Government of Jammu and Kashmir.

(Sd.) ABDUL MAJID BHAT,

Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

2

The J&K Govt. Gazette, 21st Oct., 2016/29th Asv., 1938.

[No. 29-b

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–INFORMATION TECHNOLOGY

DEPARTMENT

Notification

Srinagar, the 24th October, 2016.

SRO-344.––In exercise of the powers conferred by the proviso to

section 124 of the Constitution of Jammu and Kashmir, the Governor hereby

makes the following rules, namely :––

1. Short title and commencement.––(1) These rules may be called

the Jammu and Kashmir Information Technology (Subordinate) Service

Recruitment Rules, 2016.

(2) They shall come into force from the date of their publication in

the Government Gazette.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Jammu, Mon., the 24th Oct., 2016/2nd Kart., 1938. [No. 29-f

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.

———–

2. Definitions.––In these rules, unless the context otherwise

requires,––

a. “State” means the Jammu and Kashmir State ;

b. “Government” means the Government of Jammu and

Kashmir ;

c. “Rules” means the Jammu and Kashmir Information

Technology (Subordinate) Service Recruitment Rules ;

d. “Post” means a permanent post carrying a definite time scale

sanctioned by the competent authority ;

e. “Administrative Department” means the Department of the

Government in Civil Secretariat holding the Administrative

charge of the service ;

f. “Head of the Department” means the Major Head of the

Department holding the administrative control of the

organization ;

g. “cadre” means cadre of the service ;

h. “Board” means the Jammu and Kashmir State Services

Selection Board ;

i. “Selection Agency” means the agency constituted by the

Government for making recruitment to a particular class of

post ;

j. “Member of the service” means a person appointed to a post

in the service under the provisions of these rules ;

k. “Schedule” means the schedule(s) annexed to these rules ;

l. “Service” means the Jammu and Kashmir Information

Technology (Subordinate) Service.

Words and expressions used in these rules but not defined ; shall

have the same meaning as are assigned to them in the Jammu and Kashmir

2

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

[No. 29-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

Civil Services (Classification, Control and Appeal) Rules, 1956/Jammu and

Kashmir Civil Services Regulations.

3. Constitution of service.––(1) From the date of commencement

of these rules there shall be constituted the “Jammu and Kashmir

Information Technology (Subordinate) Service”.

(2) The Government may, at the commencement of these rules,

appoint to the service any person who at the commencement of these rules

is holding in a substantive capacity any post included in the cadre of the

service :

Provided that for the purpose of initial constitution of service, the

person holding any post in a substantive capacity to which he was appointed

by the competent authority under rules included in the cadre of the service

in its sanctioned scale of pay shall be deemed to have been appointed to the

service under these rules if he/she is fully qualified to hold the post under

these rules unless he/she opts otherwise within 15 days from the

commencement of these rules.

“Explanation :––The word holding means a person holding a post included

in the cadre of the Jammu and Kashmir Information

Technology (Subordinate) Service in its sanctioned scale

of pay on regular basis under the orders of the competent

authority and will not cover the persons holding a post

on ex-cadre/deputation basis or on ad hoc basis or in a

stop-gap arrangement.

4. Selection Committee.––The Government shall constitute a

Selection Committee in General Administration Department for appointing

persons who have previously been appointed to various departments/

services against the IT related posts in the initial constitution of the service.

No. 29-f]

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

3

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

5. Strength and composition of the service :––

a. The authorized permanent and temporary strength of the cadre

and the nature of the posts included therein shall be determined

by the Government, from time to time and shall at the initial

constitution of the service under these rules, be such as

specified in the Schedule-I annexed to these rules.

b. Provided that the Government may create temporary posts in

the cadre or the service for specified period or purpose as

may be considered necessary from time to time.

c. The Government shall, at the interval of every five years or at

such other intervals as may be necessary, re-examine the

strength and composition of the service and make such

alterations therein as it deems fit.

6. Qualification and method of recruitment.––(1) No person shall

be eligible for appointment or promotion to any post in any class, category

or grade in the service unless he/she possesses the qualifications as laid

down in the Schedule-II and fulfils other requirement of recruitment as

provided in the rules and orders for the time being in force.

(2) First appointments to a service or class may be made––

(i) By promotion or by transfer from another service or class ; or

(ii) By direct recruitment ; or

(iii) Partly by (i) and partly by (ii) in the ratio and in manner as

mentioned against each post in Schedule-II ; provided that the

posts under direct recruitment shall be filled through the

4

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

[No. 29-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

Jammu and Kashmir Services Selection Board as per the

rules/orders––

i. Provided further the departments shall refer vacancies

in the direct/promotion quota to the Jammu and Kashmir

Services Selection Board and Departmental Promotion

Committees, as the case may be in terms of SRO-166

dated 14-06-2005.

7. Probation.––(1) Persons appointed to the service, either by direct

recruitment or by promotion shall be “on probation for two years and their

confirmation in the class or category shall be made under the provisions of

Jammu and Kashmir Civil Services (Classification, Control and Appeal)

Rules, 1956.

(2) The pay of a person appointed to the service under these rules

shall be regulated as per the provisions of Jammu and Kashmir Civil Services

Regulations or General Rules as issued from time to time.

8. Reservation in appointments.––While making appointments either

promotion or by direct recruitment reservation shall be made in accordance

with the rules and orders issued from time to time for members of Scheduled

Caste/Scheduled Tribes/Backward Classes or any other category or class

of permanent residents of State under the provisions of Jammu and Kashmir

Reservation Act, 2004 and rules made thereunder.

9. Training and departmental examinations.––Persons appointed

to the service by competitive examination may be required to undergo such

training from time to time during the course of probation or to pass during

the period of probation or trial such departmental examination as the

Government may prescribe :

Provided that the Government may exempt persons from such training

or departmental examination either wholly or partly, who have passed a

No. 29-f]

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

5

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

departmental examination or have undergone training declared by

Government to be equivalent to a departmental examination or training

prescribed under these rules.

10. Eligibility of Government services for direct recruitment.––

A person already in the Government service may apply through proper

channel for direct recruitment to a vacant post in any particular class or

category in the service if he/she possesses the educational and other

qualifications prescribed for recruitment to such class or category of post.

The upper age limit of such Government servants shall be as provided in

the general rules :

Provided that in the case of a post which requires a higher degree of

specialization and/or experience the Government may prescribe higher age

limit.

11. Maintenance of seniority lists.––Seniority of the members of

the service shall be regulated under the Jammu and Kashmir Civil Service

(Classification, Control and Appeal) Rules, 1956. The Administrative

Department shall maintain an up-to-date and final seniority list of members

of the service.

12. Residuary matters.––In regard to matters not specifically

covered by these rules, the members of the service shall be governed by

rules/regulations and orders applicable to the State Civil Service in

general.

13. Interpretation.––If any question arises relating to the

interpretation of these rules, the matter shall be referred to the

Administrative Department whose decision thereon shall be final and

binding.

14. Repeal and savings.––(1) All rules corresponding to these rules

and in force immediately before the commencements of these rules are

hereby repealed.

6

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

[No. 29-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) Notwithstanding such repeal, any appointment order made or

action taken under the provisions of the rules so repealed shall be deemed

to have been made or taken under the corresponding provisions of these

rules.

By order of the Governor.

(Sd.) MOHAMMED SALEEM SHISHGAR,

Secretary to the Government,

Information Technology Department.

–––––––

No. 29-f]

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

7

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

8

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

[No. 29-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

Schedule-I

Jammu and Kashmir Information Technology (Non-Gazetted) Service Recruitment Rules.

Class

Category

Designation

Sanctioned

Pay Scale/

strength

Pay Band

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

I

A

Assistant Programmer

36

9300-34800 + GP 4600

B

Network Engineer

04

9300-34800 + GP 4600

II

A

Junior Systems Engineer

08

9300-34800 + GP 4200

B

EDP Supervisor

65

9300-34800 + GP 4300

III

Assistant EDP Supervisor

60

5200-20200 + GP 2800

IV

Sr. Data Entry Operator

80

5200-20200 + GP 2400

V

Data Entry Operator

120

5200-20200 + GP 1900

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

(i)

Total duty posts

373

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

No. of posts

Leave Reserve @ 10% of (i) above

:

37

No. 29-f]

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

9

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Deputation Reserve @ 5% of (i) above

:

19

Training Reserve @ 5% of (i) above

:

19

(For direct quota)

–––––

(ii) Total

:

75

–––––

G. Total (i)+(ii)

:

448

–––––

–––––––

10

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

[No. 29-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

Schedule-II

Jammu and Kashmir Information Technology (Non-Gazetted) Service Recruitment Rules.

Class

Category

Designation

Pay Scale/

Qualification for direct

Method of recruitment

Pay Band

recruitment

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

1

2

3

4

5

6

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

I

A

Assistant

9300-34800

...

100% by promotion from

Programmer

GP 4600

Class ‘II’, Category ‘B’

having service not less than

three years in that category.

B

Network

9300-34800

...

100% by promotion from

Engineer

GP 4600

the Class ‘II’, Category ‘A’

having service not less than

five years in that category.

II

A

Junior

9300-34800

Bachelor of

100% by direct recruitment.

Systems

GP 4200

Engineering/B.Tech.,

Engineer

(Information Technology

or Electronics and

No. 29-f]

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

11

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Communication or

Computer Engineering or

Computer Science

Engineering or MCA

from recognized University)

(OR)

Diploma in Engineering

(Information Technology

or Electronics and

Communication

Engineering) with two

years experience from

an AICTE recognized

institution.

B

EDP

9300-34800

.....

100% by promotion from

Supervisor

GP 4300

the Class ‘III’ having service

not less than three years in

that class.

III

Assistant EDP

5200-20200 .....

100% by promotion from

Supervisor

GP 2800

the Class ‘IV’ having service

not less than three years in

that class.

12

The J&K Govt. Gazette, 24th Oct., 2016/2nd Kart., 1938.

[No. 29-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

IV

Sr. Data Entry

5200-20200 ....

100% by promotion from

Operator

GP 2400

the Class ‘V’ having service

not less than three years in

that class.

V

Data Entry

5200-20200 Graduation with one year

100% by direct recruitment

Operator

GP 1900

diploma in Computer

Software Applications or

B. Sc. IT/BCA or three

years diploma in Computer

Application/Software

Application from an AICTE

recognised institution.

(Sd.) SANJAY KUMAR TICKOO,

Under Secretary to Government,

Information Technology Department.

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

1

2

3

4

5

6

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Jammu, Thu., the 8th Sept., 2016/17th Bhad., 1938. [No. 23-1

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––TRANSPORT DEPARTMENT, SRINAGAR

Subject :––The Jammu and Kashmir Road Safety Policy.

Reference :––F. No. 44/CoRS/2014 dated 03-03-2015 from the Secretary

Committee on Road Safety, Supreme Court of India, New

Delhi.

––––––––

Government Order No. 64-TR of 2016

Dated 08-09-2016.

In pursuance to the recommendations dated 03-03-2015 made by the

Committee, constituted by the Hon’ble Supreme Court of India in Writ

Petition (Civil) No. 295/2012 titled S. Rajaseekaran Vs. Union of India and

Others, duly approved by the State Road Safety Council. The Government

hereby notify “The Jammu and Kashmir State Road Safety Policy” forming

annexure to this order.

By order of the Government of Jammu and Kashmir.

(Sd.) BIPUL PATHAK, IAS,

Commissioner/Secretary to Government,

Transport Department.

–––––

2

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

[No. 23-1

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

ROAD SAFETY POLICY

Preamble :

The primary mode of transport in J&K is road transport. The mix of

vehicles in the road transport system in J&K is diverse. Road Transport

has been found to be a major contributor of accidents, fatalities and injuries.

With the ever increasing urbanization and migration to city and towns has

put enormous pressure even on the city roads. On the other hand, hilly

districts of the State, which form most of the area of the State of J&K,

have witnessed major road accidents due to specific features of hilly terrain.

The efficient, effective and planned transport system is thus not only

a desire to be implemented but rather a commitment to manage Road Safety

challenges. This requires expansion of capacities, better road engineering,

modernization of transportation modes, development of urban transportation,

development of trained and skilled human resources and more importantly

to organize and introduce efficient and effective traffic management system.

Vision and objectives :

Government of J&K is committed to take steps to save the precious

lives which are lost in the road accidents and to take comprehensive

measures covering engineering, architecture, enforcement, education,

emergency care and use of advanced technology to stop and reverse

increasing trend of road accidents, number of deaths and injuries. The

objective of the policy is to provide safe road and safe passage to users for

both personal as well as commercial transport modes. The intent is to reduce

the fatalities and injuries by 20% by the year 2020 considering 2016 as the

base year.

1. Means to achieve objectives.–– To realize the vision and objective

of this policy, the Government commits itself to take following measures :–

–

(1) Safe Roads and Mobility.––

• Black spots have been found to be the main cause of the

road accidents. The black spots thus shall be identified as per

No. 23-1]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

3

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

4

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

[No. 23-1

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

the protocol i. e. annual time table to be drawn up by R&B

Department for necessary rectification. Morever, it is

proposed that in order to implement Road Safety initiatives,

new developments of roads will be put to safety audit system

and the design of roads will also follow a protocol to avoid

any future black spots in the network. Government will create

a permanent task force for this purpose.

• All the existing and new roads shall be equipped with standard

traffic control features like Signs, Marking, Crash Barriers,

Delineators and natural plantation barrier alongside the

road etc. The State does not have any road declared as State

Highway. Initiatives shall be taken to upgrade all major roads

in the State and classify important roads as State Highways

under a standard protocol.

• The encroachment of roads, pathways and pedestrian paths

has become one of the reasons for road accidents and

congestion. In order to provide safer roads, the removal of

encroachment of roads and pathways shall be strictly

enforced. Police, Municipal Corporations and Municipal

Committees shall be made accountable to ensure

encroachments on roads, pathways and pedestrian paths are

removed. To ensure free flow of traffic on all roads, the

provisions of Ribbon Development Act shall be strictly

implemented.

• In order to provide safer roads and mobility, the Government

after due process and consultation with stake holders, shall

declare certain business areas as traffic free areas. The

Government will encourage the general public to walk shorter

distances.

• In order to decrease the vehicle population on roads, the

Government will adopt innovative features and modernize the

No. 23-1]

The J&K Govt. Gazette, 8th Sept., 2016/17th Bhad., 1938.

5

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

Public Transport System. In order to achieve the objective,

the Government will increase the operations of J&K State

Road Transport Corporation and shall also encourage private

bus owners to introduce smart buses to reduce private transport

as far as possible.

• Safer roads and free mobility cannot be achieved unless

sufficient parking spaces are made available. Development

Authorities are already entrusted with responsibility to create

more parking spaces but it be endeavour of the Government

to encourage non-governmental institutions/individuals to

develop private lands for parking purpose. Building by-laws

shall be amended to make it happen and to provide incentives

to encourage this. In addition to this Government will

encourage setting up of modern Bus Terminals on a Public

Private Partnership (PPP).

• No new commercial vehicle shall be allowed to be registered

and introduced in the State without installing speed limit

device (Speed Governor) as is now required under Motor

Vehicle Rules.

(2) Institutional Framework and Funding.––

• In addition to this, the Government vide SRO-52

dated 01-02-2012 has constituted a High Level State Road

Safety Council headed by Chief Secretary. The Council is

tasked with responsibility to advice the Government for steps

to be taken for achieving the objectives of safe roads.

• Government shall setup legal/institutional framework for road

safety through appropriate legislation. The legislation will also

including set up of a dedicated Road Safety Fund for

undertaking various activities for improving the road safety in

the State to bring down the incidents of road accidents and

resultant death, injuries and the consequent social and

economic loss to the State. The State Safety Council will also

be given legal cover under this legislation.

6

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[No. 23-1

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• Funding of Road Safety measures shall be achieved through

dedicated funding for Road Safety initiative. The Government

shall raise such fund from the share of Taxes, Fines, Cess,

levied under Motor Vehicle Act.

• Parliamentarian/legislators shall be requested to use some

portion of constituency development fund for undertaking road

safety works.

• The business/industrialists and others from the public shall be

encouraged to contribute and donate towards the Road Safety

Fund.

3.

Emergency Medical Services for Road Accidents.––

• In order to reduce fatalities and deaths, effective post-crash

response shall be a great help, as such creating of network of

Trauma Healthcare facilities on National Highways and State

Highways shall be the endeavour of the Government.

• In order to increase post-crash response, Trauma Healthcare

Centers shall be established at accident prone stretches of

the roads with critical care ambulances and basic life support

devices. The Government will strengthen the Hospitals/

Primary Health Centers nearer to roads to cater the

requirements of post-crash responses.

• The District Administration shall be sensitized to establish first

response care through community living on the road sides

and trainable bodied persons living along National Highways/

State Highways in the art of Trauma Care.

• The principle of “bring them alive”, “Keeping them alive” till

they reach Hospital/Trauma Centre can be achieved, if critical

ambulances reach the accident spot(s) without any loss of

time. Hence, it shall be the endeavour of the Government to

provide clear route path for ambulances or other alternate

transport through a legal mechanism. In this regard, the Home

No. 23-1]

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7

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Department shall formulate standards and protocols for

providing obstruction free path to critical trauma patient carrier.

Police, Home Guards, School Teachers and local health

workers shall be made part of this legal mechanism to provide

obstruction free road to trauma patient carrier.

• To improve communication system available with police and

other emergency services as a means to reduce response

time and to assist in planning and implementation of Traffic

Aid Post Scheme.

• To train police, fire and other emergency service personnel

such as those on ambulances and paramedics involved in basic

first aid for road crash victims.

• To involve volunteers of organizations like Civil Defense

Organization, Red Cross, develop local and regional trauma

plans based on study of post-accident assistance and

consequences for road traffic accident casualties.

4.

Establishment of Safe Transport Infrastructure.––

• In order to improve Road Safety, it shall be the endeavour of

the Government to provide safe transportation infrastructure,

systematic improvement of safety for impaired/elderly and

children shall be ensured during the mobility.

• Operation of smart transportation modes with GPS/GIS

Vehicle Tracking System and CCTVs by Public/Private

Transporters shall be encouraged.

• In order to provide safe transportation infrastructure,

Advanced Weather Information Centers shall be established

at different places on National Highways and State Highways.

• The Government will ensure that Municipal Corporation and

Municipalities establish, install, monitor and maintain traffic

signals at all crossings to ensure safe and pleasant driving.

8

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[No. 23-1

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• The Government will take steps to ensure that safety aspects

are built in at the state of design, manufacture, usage operation

and maintenance of all types of vehicles in line with prevailing

standards in order to minimize adverse safety and environment

affects of vehicle operation on road users and infrastructure.

• The behavior of a driver is the major cause of traffic/road

accidents, yet investment is concentrated on road facilities

under the present circumstances. It is necessary to spend

some road facility budget on driver education and training to

improve the competence and capability of driver. The

Government shall in this regard open training/education

centers at different places of State and shall also strengthen

the driving licensing system and policy to ensure that driving

license holder has basic knowledge of the road safety

measures.

5.

Enforcement.––

• Violation of traffic laws and regulations has been found as

one of the reasons for road accidents. In order to reduce

rather eliminate violation of traffic laws/regulations ; the

Government shall take appropriate measures to improve and

enhance the capacity of Enforcement Agencies. In this regard,

the Law Enforcement Agencies shall be equipped with

advanced devices to detect over speeding, red light jumping,

drunken driving, illegal movement obstruction and helmet/seat

belt violation.

• The Law Enforcement Agencies shall be sensitized to ensure

checking of fitness of the vehicles as per the protocol/time

schedule, detection of unauthorized driving and driving by

minors. The Government has already introduced

No. 23-1]

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9

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computerization of the Motor Vehicles Department. In order

to analyze accidents data, centralized, computerized data

management system shall be established having the handshake

with National Data Centre. The Law Enforcement Agencies

will ensure that periodic Eye/Health Checkup of drivers is

conducted from time to time.

• To take appropriate measures to improve the capacity of

Motor Vehicles Department and the Traffic Police

Department.

• To take appropriate steps to ensure that the enforcement

authorities are adequately strengthened, upgraded, manned,

trained, and equipped and empowered to carry out their

functions by ensuring safe road use and orderly traffic flow

including the traffic situation, land use and road network

planning etc.

• To form flying squads and establish check points at vital points

to check the menace of overloading both passenger and goods.

The penalties imposed will include suspension/cancellation of

Route Permits/Driving License and Agents License besides

fine as envisaged under Motor Vehicle Act and denial of

further Permits/Licenses/Agent License to the violators.

• No sale and supply of liquor shall be allowed alongside the

National/State Highway.

6.

Raising awareness about Road Safety, Education and

Traning.—

• Raising awareness among key decision-makers, stakeholders

and NGOs to facilitate them for planning and promoting road

safety.

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[No. 23-1

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• Raising awareness about the gravity of road safety issues

amongst all citizens of the State and particularly the young,

elderly and the infirm.

• To enlighten various road user groups with respect to their

roles and responsibilities.

• Encourage inclusion of road safety awareness as part of

educational curriculum for students of various age groups.

• To develop and implement road safety publicity campaigns

by using the creative resources of both Government and

professional agencies and NGOs for various target groups as

per their respective requirements.

• Also planning and implementing community based road safety

programmes to engage local as well as non-governmental

partners in the areas of road traffic safety that most affect

their daily lives.

• Planning, designing and implementing training programmes

for various specific groups involved in road safety

management tasks e. g. Traffic Personnel, Highway

Engineers, School Teachers, Town Planners, NGOs/SHGs.

• To establish Road Safety Clubs in Schools/Colleges/

Universities.

• It shall be the endeavour of the State Government to celebrate

Road Safety Traffic Week in the month of January and World

Road Safety Victims day on 3rd Sunday in November every

year.

7.

HRD, Research and Intelligent Information System for

Road Safety.—

• Improve the reporting of important details at the scene of

accident shortly after the occurrence of the accident.

No. 23-1]

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11

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• Improve the storage and accessibility of all data relevant to

an accident such as vehicles involved, road environment etc.

• To set up a system for identifying new areas for research

with a special attention to safety of the vulnerable road users.

• To develop arrangements for the allocation of funds for

research projects to be carried out by Research Institutes,

Universities, NGOs.

• To consolidate the results already available from research

projects and resource material nationally and internationally

for widespread dissemination among engineers, concerned

departments, NGOs and road safety professionals.

• To deploy sufficient manpower for implementation of RADMS

and for carrying out sufficient R&D activities for reduction

of accidents.

• In order to provide safer roads and mobility, the Government

will establish centre of excellence in the State to create

capacity in road safety research as well as human resource

for road safety engineering within the R&B Department.

8.

Social Security for the Road Accident Victims.—

• Every accident victim to be treated on priority in nearest

hospital free of cost.

• Building information system to report accidents and help the

victims in the shortest possible time and provide immediate

medical care without asking for any legal formalities in the

first instance. In this regard, Hon’ble Supreme Court has

already ordered that accident victim should be attended without

any formality either by Police or Doctor. Government

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[No. 23-1

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of India has already issued notification in this regard ;

Government will ensure that Good Samaritan isn’t put to any

legal formalities.

• In case of major injuries involving higher treatments and

expenses and in some cases deaths also the next of kins shall

be suitably compensated by the insurance companies through

Third Party Insurance.

(Sd)

BIPUL PATHAK, IAS,

Commissioner/Secretary to Government,

Transport Department.

GOVERNMENT OF JAMMU AND KASHMIR,

EMPLOYEES INSURANCE COURT, J&K, JAMMU.

Present : Kossar Ahmad Qureshi, Presiding Officer.

File No. 70/ESI.

Date of Institution : 22-05-2007.

Date of Decision : 01-08-2016.

––––––

FIL Industries Limited V/s. Employees State Insurance Corporation

through Assistant Director, Employees State Insurance Corporation and

others.

(Petitioner)

(Respondent)

Appearing Counsel :

For the Petitioner : Mr. Vipan Gandotra, Adovcate.

For the Respondent : Mr. Swami Raj Sharma, Advocate.

–––––––

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 129]

Jammu, Thu., the 10th Nov., 2016/19th Kart., 1938.

[No. 32-4

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

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

ORDER

This petition under section 77 of ESI Act, 1948 has been filed on

behalf of FIL Industries Ltd. against the respondents stating as under :––

1. That Respondent No.1, ESI Corporation through its Assistant

Director, Jammu branch had issued a notice for payment of

Rs. 2,29,377/- (Rupees two lakh, twenty nine thousand three

hundred and seventy seven) as ESI contribution.

2. That the petitioner is having a company which is registered under

Company’s Act at Bari Brahmana, Jammu, where pesticides

are manufactured.

3. That the petitioner company does not own the liability raised

under the notice in question.

4. That the company has on its roll 44 workers only and the company

deposits ESI contributions on their behalf on regular basis.

5. That besides the labour directly engaged by the company, some

casual workers are engaged on some occasions who are not

regular employees and they have no contract of service with

the company, because the company cannot afford to employ

full time employees for menial jobs.

6. That these casual workers are paid a small amount as wages

and they cannot be covered under the ESI Act.

7. That the number of labour varies from time to time, month to

month and year to year as per the requirement of the company.

8. That the petitioner company is not the employer nor ever was

an employer of any labour engaged by the private respondents

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[No. 32-4

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nor any privity of contract ever existed between the petitioner

company and private respondents.

9. That the financial arrangements with the private respondents is

such that these include the total amount payable to the private

respondents under any law including ESI Act.

10. That it is the private respondent who have to look to the welfare

of the labour engaged by them.

11. That the labour engaged by private respondents are not on

permanent basis.

12. That the persons who come through private agency is for a

certain day and next day the said person may not come and

somebody else may work in his place.

13. That private persons do not engage any skilled worker as they

are not needed by the petitioner company.

14. That the methodology of payment is also relatable to the number

of containers, packed by them in a day and it has nothing to do

with the time of worker.

15. That the demand has been raised by Respondent No.1 on

the basis of one kind of inspection conducted sometime back

and after the said inspection several correspondence

came to existence between the petitioner company and

Respondent No.1.

16. That the Respondent No.1, in contravention of the law and utter

disregard of its jurisdiction, has raised the demand to the prejudice

and to the detriment of the petitioner company.

17. That the inspection conducted by Respondent No.1 was also in

violation of rules and natural justice and the material collected

No. 32-4] The J&K Govt. Gazette, 10th Nov., 2016/19th Kart., 1938.

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[No. 32-4

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during the course of action was also wrong because the person

from whom the enquiries were made were engaged by the private

persons and who had nothing to do with the petitioner company

and all this was done in absence of the petitioner company.

18. That the petitioner company, as such, disputes the inspection of

ESI Inspector and its report submitted to its higher authorities.

19. That the action taken on the basis of the said report is not correct,

which is disputed by the petitioner company.

20. That the Respondent No. 1 has also included some labourers,

who were involved in loading and unloading of the vehicles, in

the list of permanent workers of petitioner company.

2l. That the Respondent No.1 has also included some security

persons in the list of the workers of the company, though the

security persons are supplied by the private company, and such

persons continue to change as per the need of the petitioner

company.

22. That the petitioner company has prayed for declaring the demand

notice as illegal and against the provisions of law, and as such

requires to be quashed.

The Respondent No.1 has submitted its objections to the petition of

the petitioner company as under :––

(1) That as per ESI Act there are two types of employers, principal

employer and the immediate employer and as per petition, the

private respondents who are directly engaged by the petitioner

company engage other labourers for the work of the company

and as per section 40 of ESI Act, the principal employer should

pay in respect of every employee, whether directly engaged by

No. 32-4] The J&K Govt. Gazette, 10th Nov., 2016/19th Kart., 1938.

5

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him or through an immediate employer, both the employer’s

contribution and the employee’s contribution.

(2) That in reply to sub-para ‘b’ of para 3 of the petition it is submitted

that as per ESI Act, the principal employer should pay in respect

of every employer, whether directly employed by him or through

immediate employer i. e. the employer’s contribution and the

employee’s contribution.

(3) That the private respondents are contractors, who engage

labourers for the work of the company and pay them wages.

(4) That as per section 41 of ESI Act, the principal employer, who

has contributed in respect of an employee employed by him or

through an immediate employer shall be entitled to recover the

amount of contribution, so paid, from the immediate employer

either by deduction from any amount payable to him by the

principal employer under the contract or as a debt payable by

the immediate employer and as such all these labourer engaged

by the private respondents come within the definition of employee

as in section 2(9) of ESI Act and are therefore, employees of

petitioner company.

(5) That the labourers engaged by the private respondents comes

within the definition of employees and are therefore employees

of the petitioner company.

(6) That the petitioner company is covered under ESI Act with ESI

Code 19/0387.

(7) That three inspectors namely Shri Ramphal, Shri Mohan Singh

and Shri Subash Chander along with Shri Sindhu Ram, Assistant

Director and Shri S. Ghosh, Joint Director visited the petitioner

company on 10-11-2005 and found 54 employees coverable

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[No. 32-4

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under ESI Act although they were not covered by the petitioner

company.

(8) That the inspection note which was completed by the ESI

Corporation was acknowledged by the petitioner company.

(9) That the petitioner company appeared before the Assistant

Director of the corporation and sought time to file actual position

but finally stated that the entire statement prepared by the

corporation is based on false grounds, but the corporation rejected

the plea of petitioner company.

(10) That the respondent No. 1 has stated that the petitioner company

is liable to pay the amount of demand notice under the provisions

of ESI Act and finally prayed for dismissal of the petition filed

by the petitioner company.

(11) That other respondents were set ex parte due to their continuous

absence from the proceeding of the case. Some respondents

filed application for setting aside ex parte proceedings against

them.

(12) That these respondents have not given any clear submission

regarding the employment of labours with petitioner company,

though they have accepted that the payment of wages of

labourers were made to these respondents/contractors by the

petitioner company directly because these labourers were

supplied to the petitioner company from time to time as per need

by these contractors.

The petitioners were directed to adduce evidence in respect of their

contentions, however the petitioner in the first instance was directed to

adduce the evidence.

No. 32-4] The J&K Govt. Gazette, 10th Nov., 2016/19th Kart., 1938.

7

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The petitioner filed written statements of two witnesses namely

Shri M. C. Sharma and Shri Sunil Varma in the shape of affidavits and after

that the witnesses were directed to appear for cross-examination.

The witnesses appeared as per direction of the court but there was

nobody to cross-examine the witnesses even though so many opportunities

were given to the Respondent No. 1 for this purpose. The respondent also

did not choose to produce any evidence in rebuttal and finally the evidence

was closed and as such the statement of witnesses of petitioner company

remained unrebutted.

From the perusal of the petition, its objections, the record available on

case file and the evidence of the petitioner the following points emerged in

the case :—

I. That the petitioner company had engaged 44 workers as regular

employees by the company.

II. That the petitioner company used to engage extra labour as per

need from time to time.

III. That all the extra labourers were engaged through contractors

and the payment of wages of these labourers was made to the

said contractor.

IV. That the services of some security persons were also used by

the company through contractors and their payment was also

made to the said security agency.

V. That the extra labourers engaged through contactors were not

permanent but at one time a, b, c were engaged and on another

time d, e, f were engaged and such practice continues throughout

of the notice period. The above points are proved in terms of

8

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[No. 32-4

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record, evidence and other aspects of the case which are now

discussed below :—

During the course of inspection by the respondent

corporation, there were also contract labourers working

for loading and unloading of vehicles and the inspection

team also included these labourers in the list of permanent

workers as such they have given the number of regular

employees as 54 instead of 44. The Respondent No. 1 has

also failed to produce those labourers/official staff before

this court to verify the contentions made in the demand

notice as well as in the inspection report.

The witnesses of petitioner company have stated that the

petitioner company has only 44 workers and the company

is contributing ESI contribution on behalf of these workers

regularly. Both he witnesses have supported the contentions

made in the petition of the petitioner and have further stated

that some casual workers are engaged on some occasions

and these workers are not regular employees and they have

no contract of services with the company because the

company cannot afford to employ full time employees for

menial jobs. It is further stated that, these workers are

casual and are paid small amount as wages and will not be

covered under the Act.

The Hon’ble Supreme Court has also held that “the

employer not supervising the work of the contractor’s

employees is not liable to cover such employees under the

ESI and pay their contribution [C.E.S.C. Limited Vs.

Subash Chander Bose,1992 Lab IC 332:AIR 1992 SC

573:1992 ILLJ 475: LLR 81(SC).]

No. 32-4] The J&K Govt. Gazette, 10th Nov., 2016/19th Kart., 1938.

9

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The evidence produced by the petitioner company remained

unrebutted as such there is no reason to disbelieve the

petitioner, as such its evidence is treated as proved.

It was obligatory upon the Respondent No. 1 to adduce

evidence in support of their contention on the basis of

which they have made the demand of an amount of

Rs. 2,29,377/- against the petitioner company but they have

failed even to produce the concerned inspectors to

verify the report upon which the demand of amount was

made.

It is also the matter of record that 5 persons, as stated in

the objections were given the task of inspection of the

petitioner company but none of them appeared as witness

before this court to verify the report submitted by them to

their higher authorities. The contention made in the petition

of the petitioner company that the inspection report of the

respondent corporation is based on frivolous and fabricated

facts seems correct and the plea of Respondent No. 1 that

the petitioner company is liable to deposit Rs. 2,29,377/- as

ESI contribution is not supported by any oral and

documentary evidence, as such the plea of the Respondent

No. 1 cannot be accepted.

It has been proved by the evidence of petitioner company

that the labourers engaged through private persons are not

the permanent employees of the company but are casual

workers and they have no contract of service with the

company and therefore they cannot be covered under ESI

Act. There are only 44 workers working in the petitioner

company and company is regularly contributing towards

their ESI fund and as such the demand notice issued by

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[No. 32-4

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Respondent No. 1 for an amount of Rs. 2,29,377/- against

the petitioner company is illegal and based on

concocted facts. The said demand notice issued under

No. JK/19/387/217 dated 21-02-2007 is hereby quashed.

The respondent corporation is restrained to claim the amount

of demand notice from the petitioner company.

The file after its due completion be consigned to records. There is

however, no order as to costs.

Announced :

Dated 01-08-2016.

(Sd.) KOSSAR AHMAD QURESHI,

Presiding Officer,

District and Sessions Judge,

Industrial Tribunal-cum-Labour Court,

J&K, Jammu.