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
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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
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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
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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.
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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.
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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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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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• 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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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
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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
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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.