THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131]
Srinagar, Thu., the 31st May, 2018/10th Jyai., 1940.
[No. 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART 11-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws, Regulations and Rules passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Government Press, Srinagar.
114-124
193-210
17-18
115-122
45-46
45-56
114
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––———–
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Exercising powers of Bar Council under section 58 of the
Advocates Act, 1961).
Notification
No. 1424 Dated 22-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Mr. Imtiaz Ahmed S/o Khadam Hussain
R/o Village Noora, Bandi, Tehsil Haveli, District Poonch vide Notification
No. 725 dated 30-12-2015 has been declared as absolute/final, after
condonation of delay.
By order.
––––––––
Notification
No. 1425 Dated 22-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Shugufta Nabi D/o Ghulam Nabi Malik
R/o Duderhama, Tehsil and District Ganderbal vide Notification No. 384
dated 05-10-2015 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
Notification
No. 1426 Dated 22-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Ms. Suman Bhagat D/o Shri Jaginder Lal Bhagat R/o H. No. 2, Ward
No. 11, Kabir Nagar, Bari-Brahmana, Samba vide Notification No. 1164
dated 23-02-2015 for a period of one year has been extended till
No. 9]
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
115
–––––––––––––––––––––––––––––––––––––––––––––––––——–––––––
23-06-2018 after condonation of delay and subject to the verification of
her Certificates/LL.B Degrees from the concerned University and verification
of her character and antecedents from the CID.
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.
Notification
No. 1427 Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Fozia Bano D/o Noor-ud-Din R/o Village Dhar,
Tehsil and District Doda vide Notification No. 30 dated 18-04-2015 has
been declared as absolute/final, after condonation of delay.
By order.
––––––––
Notification
No. 1428 Dated 23-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Asif Abdullah Wani S/o Late Mohammad Abdullah R/o Al Mustafa
Colony, Opposite JKAP, N. H. Khaja Bagh, Baramulla vide Notification
No. 912 dated 23-12-2014 for a period of one year has been extended till
23-06-2018 after condonation of delay and subject to the verification of
his Certificates/LL.B Degrees from the concerned University and verification
of his character and antecedents from the CID.
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.
––––––––
Notification
No. 1429 Dated 23-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Karan Sharma S/o Kidar Sharma R/o H. No. 258, Mast Garh,
116
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––———–
Jammu (P/S, Peermitha) vide Notification No. 1041 dated 28-12-2011
for a period of one year has been extended till 28-06-2018 after condonation
of delay and subject to the verification of his Certificates/LL.B Degrees
from the concerned University and verification of his character and
antecedents from the CID.
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.
––––––––
Notification
No. 1429/A Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Nooreen Zahoor D/o Zahoor Ahmad Bhat
R/o Azad Gunj Near Gulmar Park, Gulshan Abad, Baramulla
vide Notification No. 178 dated 27-05-2015 has been declared as
absolute/final, after condonation of delay.
By order.
––––––––
Notification
No. 1431 Dated 28-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Ishtiaq Noor Khan S/o Noor Mohd. Khan R/o Sherkhan
Mohalla, Ranbirpora, District Anantnag vide Notification No. 795
dated 16-12-2013 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
No. 9]
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
117
–––––––––––––––––––––––––––––––––––––––––––––––––——–––––––
Notification
No. 1432 Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Shazia Manzoor D/o Syed Manzoor Ahmad
R/o Kunnel, Qaziabad, Tehsil Handwara, District Kupwara vide
Notification No. 230 dated 22-07-2013 has been declared as
absolute/final, after condonation of delay.
By order.
––––––––
Notification
No. 1433 Dated 23-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Sajad Bashir S/o Bashir Ahmad Ahanger R/o Malik Mohalla,
Shopian vide Notification No. 871 dated 09-01-2014 for a period of one
year has been extended till 09-06-2018 after condonation of delay and
subject to the verification of his Certificates/LL.B Degrees from the
concerned University and verification of his character and antecedents from
the CID.
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.
––––––––
Notification
No. 1433-A Dated 25-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Ajaz Afzal Lone S/o Mohammad Afzal Lone R/o Rehmatabad,
Rafiabad (Thaggund) Rohama, Baramulla vide Notification No. 725 dated
14-11-2014 for a period of one year has been extended till 14-11-2018
after condonation of delay and subject to the verification of his Certificates/
LL.B Degrees from the concerned University and verification of his character
and antecedents from the CID.
118
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––———–
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.
––––––––
Notification
No. 1434 Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Mr. Basharat Abdullah S/o Gulam Mohammad
Thoker R/o Sindoo, Shirmal, Shopian vide Notification No. 28
dated 10-04-2013 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
No. 1434-A Dated 25-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Sumairah Imtiyaz D/o Imtiyaz Ahmad Shah
R/o Taing Mohalla Near Jamia Masjid Road, Shopian vide Notification
No. 488 dated 05-09-2013 has been declared as absolute/final, after
condonation of delay.
By order.
––––––––
Notification
No. 1435 Dated 25-01-2018.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Showkat Ahmad Dar S/o Habibullah Dar R/o Cherakoot, Lolab,
Kupwara A/P Muslim Abad, Tengpora, Srinagar vide Notification No. 723
dated 30-12-2015 for a period of one year has been extended
till 30-06-2018 after condonation of delay and subject to the verification
of her Certificates/LL.B Degrees from the concerned University and
verification of her character and antecedents from the CID.
No. 9]
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
119
–––––––––––––––––––––––––––––––––––––––––––––––––——–––––––
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.
––––––––
Notification
No. 1435-A Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Mr. Adil Hussain Mir S/o Jan Mohd. Mir R/o Mir
Mohalla, Near Nag Masjid, Bandipora vide Notification No. 254 dated
23-07-2013 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
Notification
No. 1436 Dated 25-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Farhat Naz D/o Kabir-ud-Din R/o Sangla,
Tehsil Surankote, District Poonch vide Notification No. 744
dated 15-11-2014 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
Notification
No. 1436-A Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Umesa Sultan D/o Mohammad Sultan Pampori
R/o 110/1, Shiel Teingh, Tehsil Habba Kadal, Srinagar vide Notification
No. 267 dated 16-07-2015 has been declared as absolute/final, after
condonation of delay.
By order.
––––––––
120
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––———–
Notification
No. 1437 Dated 25-01-2018.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Shaheryar S/o Bashir Ahmad Agoo R/o 107,
Khalid Abad, Baghat Barzulla, Srinagar vide Notification No. 376
dated 05-10-2015 for a period of one year has been extended
till 05-10-2018 after condonation of delay and subject to the verification
of his Certificates/LL.B Degrees from the concerned University and
verification of his character and antecedents from the CID.
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.
––––––––
Notification
No. 1437-A Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Suhaib Farooq Bandey S/o Farooq Ahmed
Bandey R/o W. No. 15, Chowk Bazar Near Masjid, Tehsil Haveli, District
Poonch vide Notification No. 1170 dated 24-02-2015 has been declared
as absolute/final, after condonation of delay.
By order.
––––––––
Notification
No. 1438 Dated 25-01-2018.
Provisional admission granted under Advocates Act, 1961 in
favour of Syed Jahangir Zaffar S/o Syed Zaffar Ahmad Geelani
R/o Kunnal Qaziabad, Geelani Mohalla, Handwara, Kupwara vide
Notification No. 731 dated 14-11-2014 for a period of one year has been
extended till 16-06-2018 after condonation of delay and subject to the
verification of his Certificates/LL.B Degrees from the concerned University
and verification of his character and antecedents from the CID.
No. 9]
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
121
–––––––––––––––––––––––––––––––––––––––––––––––––——–––––––
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.
––––––––
Notification
No. 1438-A Dated 23-01-2018.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Sameer Ul Hamid S/o Kh. Abdul Hamid Dar
R/o Barbar Shah, Baghwan Pora, Srinagar vide Notification No. 567
dated 15-10-2014 for a period of one year has been extended
till 15-10-2018 after condonation of delay and subject to the verification
of her Certificates/LL.B Degrees from the concerned University and
verification of her character and antecedents from the CID.
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.
––––––––
Notification
No. 1439 Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Mr. Manmeet Singh S/o Nirander Singh R/o Old
Airport Road, Rangrate, Tehsil and District Budgam vide Notification
No. 1133 dated 23-02-2015 has been declared as absolute/final, after
condonation of delay.
By order.
––––––––
Notification
No. 1439-A Dated 28-01-2018.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Ab. Majeed Sofi S/o Mohd. Abdullah Sofi R/o
Arampora, Ward No. 1, District Kupwara vide Notification No. 500
122
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––———–
dated 13-10-2014 for a period of one year has been extended
till 13-10-2018 after condonation of delay and subject to the verification
of his Certificates/LL.B Degrees from the concerned University and
verification of his character and antecedents from the CID.
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.
––––––––
Notification
No. 1440 Dated 25-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Ms. Nazli Rasool D/o Hakim Gh. Rasool
R/o Hakim Mohalla, Gopalpora, Kulgam vide Notification No. 723
dated 14-11-2014 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
Notification
No. 1440-A Dated 23-01-2018.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Zamerulla Nabi D/o Gulam Nabi Mir R/o Littar Shister,
Pulwama (A/P), Block-E, Quater No. 5, Police Complex, Channi Himmat,
Jammu vide Notification No. 827 dated 02-03-2013 for a period of one
year has been extended till 02-06-2018 after condonation of delay and
subject to the verification of her Certificates/LL.B Degrees from the
concerned University and verification of her character and antecedents from
the CID.
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.
–––––––
No. 9]
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
123
–––––––––––––––––––––––––––––––––––––––––––––––––——–––––––
Notification
No. 1441 Dated 25-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Mr. Ravi Kumar S/o Ram Lal Sharma
R/o Ward No. 2, Nowshera, District Rajouri vide Notification No. 932
dated 23-12-2014 has been declared as absolute/final, after condonation of
delay.
By order.
––––––––
Notification
No. 1441-A Dated 23-01-2018.
Provisional admission as an Advocate granted under the Advocates
Act, 1961 in favour of Mr. Ovais Ahmad Bhat S/o Gh. Mohd. Bhat
R/o Sheikh Mohalla, Karhama, Street Ogmuna Road, District Baramulla
vide Notification No. 324 dated 06-06-2016 has been declared as
absolute/final, after condonation of delay.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Joint Registrar (Admn.).
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Office of the Registrar General at Jammu).
Notification
No. 30 NG Dated 11-04-2018.
It is hereby notified for information of all concerned that the High
Court of Jammu and Kashmir and the Courts Subordinate to it, shall function
for the Summer Session-2018, with effect from 1st May, 2018, as per the
time schedule, notified hereunder :––
Office Hours :
1. High Court Wing, Srinagar
10.00 A. M. to 05.00 P. M.
2. High Court Wing, Jammu
08.00 A. M. to 02.00 P. M.
124
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––———–
Court Hours :
1. High Court Wing, Srinagar
10.30 A. M. to 01.00 P. M.
02.00 P. M. to 04.30 P. M.
2. High Court Wing, Jammu
08.30 A. M. to 10.30 A. M.
11.00 A. M. to 01.30 P. M.
Office Timing of Subordinate Courts at Jammu/Srinagar :––
(a)
Subordinate Courts of Jammu Province 08.00 A. M. to
01.30 P. M. (except Courts located at Kishtwar, Batote, Banihal,
Gool, Bani, Ukhral and in the Judicial District Bhaderwah) ;
(b)
Subordinate Courts of Kashmir Province 10.00 A. M. to
04.30 P. M. and Courts located at Kishtwar, Batote, Banihal,
Gool, Bani, Ukhral and in the Judicial District Bhaderwah.
By order.
(Sd.) SANJAY DHAR,
Registrar General
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Srinagar, Thu., the 31st May, 2018/10th Jyai., 1940. [No. 9
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I—B
Jammu and Kashmir Government—Notifications.
—–——–
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 41-Rev (LAK) of 2018
Dated 31-01-2018.
Whereas, Administrative Department vide Notification No. 393
Rev(LAK) of 2017 dated 23-08-2017 has issued declaration under
sections 6 & 7 of the Land Acquisition Act for land measuring 279 Kanals,
18½ Marlas situated in Village Mirgund, Tehsil Pattan, District Baramulla
for construction of Semi Ring Road by NHAI ;
194 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Whereas, Divisional Commissioner, Kashmir vide No. Div Com/
LAS-Acq/3176/3689 dated 02-01-2018 has reported that GM(Tech) PD
National Highway Authority of India, PIU, Srinagar has expressed urgency
for completion of land acquisition process for the project.
Now, therefore, in pursuance of section 17 of the Land
Acquisition Act, Samvat 1990, it is ordered that on expiry of fifteen
days from the publication of the notification under section 9 (2) of the
said Act, the Collector will take possession of the aforementioned
land in Village Mirgund, Tehsil Pattan, District Baramulla required for
public purpose, subject to fulfillment of the conditions prescribed under
section 9 (2) and section 17-A of the Land Acquisition Act and Rules 63
of the Land Acquisition Rules.
However, the Collector concerned shall be personally
responsible for identification and proper title verification of all types of
land involved in the case and apportionment of compensation amongst
all the interested persons/rightful claimants in accordance with the
relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
——––—–
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 51-Rev (LAK) of 2018
Dated 08-02-2018.
Whereas, Administrative Department vide Notification No. 392
Rev(LAK) of 2017 dated 23-08-2017 has issued declaration under
sections 6 & 7 of the Land Acquisition Act for land measuring 202 Kanals,
09 Marlas and 239 Sft. situated in Village Khanda, Tehsil B. K. Pora, District
Budgam for construction of Semi Ring Road by NHAI ;
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
195
–––––––––––––––––––––––––––––––––––––––––––––––––———–
Whereas, Divisional Commissioner, Kashmir vide No. Div. Com/
LAS-Acq/3176/3689 dated 02-01-2018 has reported that Project
Director, NHAI has expressed urgency for completion of land
acquisition process for the project.
Now, therefore, in pursuance of section 17 of the Land
Acquisition Act, Samvat 1990, it is ordered that on expiry of fifteen
days from the publication of the notification under section 9 (2) of the
said Act, the Collector will take possession of the aforementioned
land in Village Khanda, Tehsil B. K. Pora, District Budgam
required for public purpose, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition
Act and Rules 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally
responsible for identification and proper title verification of all types of
land involved in the case and apportionment of compensation amongst
all the interested persons/rightful claimants in accordance with the
relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
——––—–
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 92-Rev (LAJ) of 2018
Dated 16-02-2018.
Whereas, the land specifications whereof are given at “Annexure–A”
to this notification is required for public purpose viz. for construction
of Kantha Morh to Dalwah Budhan Road under PWD in Village Dalwah,
Tehsil Gool, District Ramban ;
Whereas, on the basis of indent placed by Executive Engineer,
PWD Division vide No. 15546-51 dated 09-03-2012, a notification
196 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
under section 4 (1) was issued by Collector, Land Acquisition (SDM),
Gool vide No. 276-286/SDM/G/PWD dated 29-03-2017 for land
measuring 143 Kanals 05 Marlas situated at Village Dalwah, Tehsil Gool,
District Ramban ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide
No. SDM/G/PWD/232-37 dated 16-08-2017 has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition
Act by him was served upon the interested persons for filing objections,
if any, to the proposed acquisition, but no objection was received from
the land owners/interested persons within the prescribed period as required
under sections 5 & 5–A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition
(SDM), Gool vide above referred letter duly endorsed by District Collector
(DC), Ramban vide No. DCJ/LA/Rbn/117-19 dated 06-01-2018 has
been examined and it has been found that the land owners did not file any
objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars
referred above is required for public purpose viz. for construction of Kantha
Morh to Dalwah Budhan Road under PWD in Village Dalwah, Tehsil Gool,
District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State
Land Acquisition Act, Samvat 1990, it is declared that land
measuring 143 Kanals 05 Marlas situated at Village Dalwah, Tehsil Gool,
District Ramban, particulars whereof are given above at “Annexure–A”
is required for public purposes viz. for construction of Kantha Morh to
Dalwah Budhan Road under PWD in Village Dalwah, Tehsil Gool,
District Ramban. Further, the Collector, Land Acquisition (SDM), Gool
is directed under section 7 of the said Act to take orders for acquisition
of the said land after giving prescribed notice to the interested person(s)
as required under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
197
–––––––––––––––––––––––––––––––––––––––––––––––––———–
of the notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Dalwah, Tehsil Gool,
District Ramban required for public purposes, subject the fulfillment of the
conditions prescribed under section 9 (2) and section 17-A of the Land
Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of land involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants in accordance with the relevant
laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
–––––––––
Annexure–‘A’
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban
Gool
Dalwah
401
min
01–16
401
min
00–07
401
min
00–06
401
min
00–08
402
min
00–08
402
min
01–06
402
00–16
400
min
00–05
400
min
01–05
198 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
410
min
04–10
848/605/409
03–12
411
min
00–10
415
min
01–18
415
min
00–02
415
min
00–02
415
min
02–15
421
min
01–17
421
min
00–01
421
min
00–10
421
min
00–02
421
min
00–05
421
min
02–01
421
min
00–17
408
00–06
419
min
00–11
419
min
00–16
419
min
00–14
419
min
02–04
419
min
01–14
767/585/328
03–17
767/585/328
00–15
426
05–16
426
min
00–07
424
min
00–03
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
199
–––––––––––––––––––––––––––––––––––––––––––––––––———–
424
min
01–02
424
min
01–07
424
min
00–18
602/409
min
02–15
602/409
min
00–06
602/409
min
00–06
602/409
min
00–07
602/409
min
01–01
602/409
min
05–18
604/409
min
01–07
604/409
min
01–17
604/409
min
00–04
330
min
02–08
603/409
min
04–02
603/409
min
01–16
603/409
min
00–04
603/409
min
00–04
603/409
min
01–01
334
min
02–12
385
min
02–12
335
min
02–18
335
min
00–09
334
min
00–09
334
min
00–03
336
min
02–00
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
200 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
336
min
01–03
336
min
01–17
338
min
00–14
339
min
00–13
339
min
01–08
339
min
00–15
355
min
00–12
355
min
00–08
355
min
00–03
355
min
00–11
355
min
01–03
304
min
00–11
306
min
02–07
307
min
04–19
207
min
00–02
207
min
02–03
207
min
02–01
207
min
00–08
208
min
01–04
208
min
03–10
254
min
00–15
247
min
00–16
247
min
01–10
243
min
01–17
238
min
00–04
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
201
–––––––––––––––––––––––––––––––––––––––––––––––––———–
238
min
01–12
259
min
00–12
238
min
00–10
238
min
01–19
259
min
00–12
259
min
00–11
260
min
01–07
260
min
00–17
261
min
01–13
289
min
01–02
289
min
03–03
282
min
01–06
282
min
00–14
282
min
00–15
282
min
01–05
282
min
00–04
283
min
01–01
283
min
01–13
281
min
02–13
524/513
min
03–15
623/513
min
02–19
–––––
Total
143–05
–––––
––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
202 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 93-Rev (LAJ) of 2018
Dated 16-02-2018.
Whereas, the land specification whereof are given below is
required for public purposes viz. for construction of Gatha to Dhalwali
Road in Village Gatha, Tehsil Bhaderwah, District Doda ;
Particulars of land
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda
Bhaderwah
Gatha
2640
min
02–15
2640
min
01–15
2640
min
04–00
2640
min
00–18
2640
min
01–01
2641
min
04–02
2648
min
00–15
2648
min
01–08
––––
Total 16–04
––––
Whereas, on the basis of an indent prepared by Executive
Engineer, PMGSY Division, Bhaderwah vide No. 149-50 dated 21-04-2010
duly endorsed by Chief Engineer, PMGSY (JKRRDA), Jammu vide
No. CE/PMGSY/J/14727-29 dated 22-09-2017, a notification under section
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
203
–––––––––––––––––––––––––––––––––––––––––––––––––———–
4 (1) was issued by Collector, Land Acquisition (SDM), Bhaderwah vide
No. 616-22/LAC/12 dated 17-07-2012 for land measuring 16 Kanals and
04 Marlas situated in Village Gatha, Tehsil Bhaderwah, District Doda ;
Whereas, the Collector, Land Acquisition (ADC), Bhaderwah vide
his letter No. ADC/LAC/16-17/479-80 dated 08-11-2017 has reported
that the notification issued under section 4 (1) of the J&K State Land
Acquisition Act by him was served upon the interested persons for filing
objections, if any, to the proposed acquisition, but no objection was
received from the land owners/interested persons within the prescribed
time period as required under sections 5 & 5–A of the Land
Acquisition Act ;
Whereas, the report furnished by the Collector, Land Acquisition
(ADC), Bhaderwah vide above referred letter duly endorsed by District
Collector (DC), Doda vide No. 416/LAC/D/17 dated 24-11-2017 has
been examined and it has been found that the land owners did not file any
objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars
whereof are given above is required for public purpose viz. construction
of Gatha to Dhalwali Road in Village Gatha, Tehsil Bhaderwah,
District Doda.
Now, therefore, in pursuance of section 6 of the J&K State
Land Acquisition Act, Samvat 1990, it is declared that land
measuring 16 Kanals 04 Marlas situated in Village Gatha, Tehsil Bhaderwah,
District Doda, particulars whereof are given above is required for public
purposes viz. for construction of Gatha to Dhalwali Road in Village Gatha,
Tehsil Bhaderwal, District Doda. Further, the Collector, Land Acquisition
(ADC), Bhaderwah is directed under section 7 of the said Act to take
order for acquisition of the said land after giving prescribed notice to the
interested person(s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of land involved
204 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants in accordance with the relevant
laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
——––—–
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 94-Rev (LAJ) of 2018
Dated 16-02-2018.
Whereas, the land specifications whereof are given in “Annexure–A”
to this notification is required for public purpose viz. for construction
of Road from Gaggar to Bhimdassa in Village Dharam, Tehsil Gool,
District Ramban under PMGSY ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Division, Ramban vide No. PMGSY/D/R/500-503 dated
06-08-2009, a notification under section 4 (1) was issued by Collector,
Land Acquisition (SDM), Gool vide No. 26-35/SDM/G dated 13-06-2016
for land measuring 51 Kanals and 07 Marlas situated in Village Dharam,
Tehsil Gool, District Ramban ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide
No. 126-31/SDM/G/PMGSY dated 30-05-2017 has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition
Act was served upon the interested persons for filing objections, if any,
to the proposed acquisition, but no objection was received from the land
owners/interested persons in the prescribed time period as required
under sections 5 & 5–A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Gool vide No. referred above duly endorsed by Deputy Commissioner,
Ramban vide No. DC/LA/Rbn/129-31 dated 06-01-2018 has been
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
205
–––––––––––––––––––––––––––––––––––––––––––––––––———–
examined and it has been found that the land owners did not file any
objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars
whereof are given in “Annexure–A” to this notification is required for
public purpose viz. for construction of Road from Gaggar to Bhimdassa
in Village Dharam, Tehsil Gool, District Ramban under PMGSY.
Now, therefore, in pursuance of section 6 of the J&K State
Land Acquisition Act, Samvat 1990, it is declared that land measuring
51 Kanals 07 Marlas situated in Village Dharam, Tehsil Gool, District
Ramban, particulars whereof are given in “Annexure–A” to this
notification is required for public purposes viz. for construction of Road
from Gaggar to Bhimdassa in Village Dharam, Tehsil Gool, District Ramban
under PMGSY. Further, the Collector, Land Acquisition (SDM), Gool
is directed under section 7 of the said Act to take order for acquisition of
the said land after giving prescribed notice to the interested person(s) as
required under the Land Acquisition Act/Rules.
Now in pursuance of section 17 of the Land Acquisition Act,
Samvat 1990, it is ordered that on expiry of fifteen days from the
publication of the notification under section 9(2) of the said Act, the
Collector will take possession of the aforementioned land in Village
Dharam, Tehsil Gool, District Ramban required for public purpose,
subject to fulfillment of the conditions prescribed under section 9 (2) and
section 17-A of the Land Acquisition Act and Rules 63 of the Land
Acquisition Rules ;
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of land involved
in the case and apportionment of compensation amongst all the
interested persons/rightful claimants in accordance with the relevant
laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to the Government,
Revenue Department.
–––––––––
206 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Annexure–‘A’
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban
Gool
Dharam
1779/1700
01–16
1779/1700
02–09
2560/1907/1137/1
02–02
2560/1907/1137/1
02–00
2560/1907/1137/1
01–12
1779/1700
01–07
1779/1700
03–01
1779/1700
00–14
1779/1700
00–14
1586/1137/3
05–02
1777/1691
00–14
1777/1691
07–05
1777/1691
02–05
1777/1691
00–14
1777/1691
00–14
1777/1691
01–02
1777/1691
01–02
1777/1691
00–09
1777/1691
00–18
1777/1691
01–07
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
207
–––––––––––––––––––––––––––––––––––––––––––––––––———–
1777/1691
00–09
1777/1691
01–09
1777/1691
01–07
1777/1691
01–08
1777/1691
00–18
1777/1691
01–14
1777/1691
03–18
1777/1691
02–17
––––
Total
51–07
––––
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 95-Rev (LAJ) of 2018
Dated 16-02-2018.
Whereas, the land specification whereof are given in “Annexure–A”
to this notification is required for public purpose viz. for construction
of Gool to Gundi Gaggarsulla Road under PMGSY in Village Gundi,
Tehsil Gool, District Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Division, Ramban vide No. PMGSY/D/R/118-22 dated
26-04-2017, a notification under section 4 (1) was issued by Collector,
Land Acquisition (SDM), Gool vide No. SDM/G/PMGSY/126-35 dated
04-05-2017 for land measuring 51 Kanals and 04 Marlas situated in
Village Gundi, Tehsil Gool, District Ramban ;
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
208 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Whereas, the Collector, Land Acquisition (SDM), Gool vide
No. SDM/G/PWD/194-99 dated 10-07-2017 has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition
Act by him was served upon the interested persons for filing objections,
if any, to the proposed acquisition, but no objection was received from
the land owners/interested persons within the prescribed period as required
under sections 5 & 5–A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Gool vide above referred letter duly endorsed by District Collector (DC),
Ramban vide No. DCJ/LA/Rbn/108-10 dated 06-01-2018 has been
examined and it has been found that the land owners did not file any
objection to the proposed acquisition ; and
Whereas, the Government is satisfied that the land particulars
referred above is required for public purpose viz. for construction of Gool
to Gundi Gaggarsulla Road under PMGSY in Village Gundi, Tehsil Gool,
District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State
Land Acquisition Act, Samvat 1990, it is declared that land measuring
51 Kanals 04 Marlas situated at Village Gundi, Tehsil Gool, District
Ramban, particulars whereof are given above at “Annexure–A” is
required for public purposes viz. for construction of Gool to Gundi
Gaggarsulla Road under PMGSY in Village Gundi, Tehsil Gool, District
Ramban. Further, the Collector, Land Acquisition (SDM), Gool is directed
under section 7 of the said Act to take order for acquisition of the said
land after giving prescribed notice to the interested person(s) as required
under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act,
Samvat 1990, it is also ordered that on expiry of fifteen days from the
publication of the notification under section 9(2) of the said Act, the
Collector will take possession of the aforementioned land in Village Gundi,
Tehsil Gool, District Ramban required for public purposes, subject the
fulfillment of the conditions prescribed under section 9 (2) and section
17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition
Rules.
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
209
–––––––––––––––––––––––––––––––––––––––––––––––––———–
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of land involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants in accordance with the relevant
laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
–––––––––
Annexure–‘A’
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban
Gool
Gundi
487/216
00–03
487/216
02–08
487/216
02–01
487/216
01–15
487/216
01–08
430/216
00–16
430/216
01–00
430/216
00–14
487/216
00–04
487/216
00–03
430/216
00–08
236
00–05
237
01–08
237
01–02
210 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
236
02–02
235
01–13
234
02–15
245
01–09
245
01–08
248
02–10
250
00–18
251
02–00
251
00–08
251
02–11
254
01–06
254
00–18
487/216
02–13
487/216
02–18
487/216
01–05
487/216
02–18
633/349
01–13
487/216
02–13
487/418
00–18
486/418
01–05
421/416
01–08
––––
Total
51–04
––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Thu., the 31st May, 2018/10th Jyai., 1940.
[ No. 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 :––Assumption of Charge.
–––––––
In pursuance to Government Order No. 558-GAD of 2018
dated 04-04-2018, issued by the General Administration Department under
endorsement No. GAD (Ser) Genl/204/2009 dated 04-04-2018, I, Shamim
Ahmad Laherwal hereby assume the charge of the post of Secretary
(Technical), Co-operatives Department today on 4th of April, 2018 (AN).
(Sd.) SHAMIM AHMAD LAHERWAL,
Secretary (Technical),
Co-operatives Department.
––––––––
18
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[No. 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
In pursuance to Government Order No. 475-GAD of 2018
dated 20-03-2018, we, the following officers have handed over/taken over
the charge of Deputy Commissioner, Samba today on 23rd
March, 2018 AN.
(Sd.) SHEETAL NANDA, IAS,
Deputy Commissioner, Samba.
Relieved Officer.
(Sd.) RAJINDER SINGH TARA, KAS,
Deputy Commissioner, Samba.
Relieving Officer.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Srinagar, Thu., the 31st May, 2018/10th Jyai., 1940. [No. 9
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.
—–——–
THE J&K BOARD OF PROFESSIONAL ENTRANCE
EXAMINATIONS (BOPEE)
Subject :––NEET PG, 2018 online registration of eligible candidates for
preparation of Provisional State Merit List.
––––––
Public Notice No. 006-BOPEE of 2018.
Dated 03–02–2018
In continuation of Public Notice No. 76-BOPEE of 2017
dated 02–11–2017, vide which cut off date of eligibility etc. was notified
for the NEET P G aspiring candidates, it is hereby further notified that in
order to enable the Board to update biodata of the candidates, who have
qualified the NEET PG examination, 2018 and to prepare the Provisional
State Merit List it has been decided to seek online registration of such
116 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. [No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
candidates. The candidates who have qualified the NEET PG Examination
shall be required to do as under :––
(1)
Register themselves online from the dates as may be notified
by the Board, on the BOPEE website www.jkbopee.gov.in/
www.jakbopee.org ;
(2)
The candidates, who have appeared in the examination and have
qualified the same as per the cut off score fixed by the National
Board of Examination shall be eligible for online registration ;
(3)
The candidates shall be required to upload scanned copies of
original documents also for verification by the Board and for
determination of eigibility ;
(4)
The cut off date for issuance of category certificates
(SC,ST,RBA, ALC, OSC) shall be the last date of filling up of
the Application Forms for appearing in the NEET examination
viz. 27–11–2017. However, in case of expiry of any certificate
after filling up of NEET Application Form, the same should have
been renewed while filling up of the registration form. The
candidates belonging to RBA, ALC, OSC, SC and ST, who have
not indicated the category while filling up of the online application
form for taking admission under NBE as such a provision was
not available during online filling up of forms shall be eligible to
update their category status and are required to upload the valid
category certificate as above in this regard. However, category
certificate issued after 27–11–2017 shall not be entertained and
such candidates shall be treated as OM candidates, if otherwise
eligible under OM. The certificates valid up to 27–11–2017 but
renewed on or before last date of registration shall be treated
as valid ;
(5)
Such candidates who figure in Open Merit as per the NEET
result but belong to the above categories having scored the
minimum qualifying marks fixed by the National Board of
Examinations for these categories (SC/ST/OBC) shall be eligible
to participate in the online registration process. The candidates
belonging to Children of Defence Personnel, Paramilitary Forces,
State Police Personnel shall be required to upload the certificate
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. 117
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
issued by the Competent Authority on the prescribed proforma
as per SRO–294 of 2005. The eligibility of the candidates
possessing outstanding performance in the sports shall be
determined only after scrutiny of the list submitted by the
Secretary, Sports Council as received by the Board. However,
they may choose their category during online registration and
upload supporting document also which shall be purely provisional
and subject to the recommendations of the Sports Council only
made in accordance with the relevant rules ;
(6)
The candidates belonging to CDP, JKPM and SP shall be required
to have obtained such qualifying marks as are otherwise
prescribed for OM candidates ;
(7)
The candidates belonging to difficult areas/remote as eligible
under SRO–48 of 2018 dated 30–01–2018 shall be required to
submit the certificates with full details from the designated
competent authority of the Health and Medical Education
Department, indicating all the relevant details. Such certificates
should clearly indicate the date from which worked, place
whether figures in SRO–201 of 2006 and all such other
information to facilitate the Board to work out the details etc.
The period of having worked in difficult area shall be considered
only up to 27–11–2017 for determination of the eligibility in
accordance with the rules ;
(8)
The candidates who have qualified the NEET, 2018 shall be
required to be eligible for registration/counselling only if they
have completed the rotatory internship period or shall complete
the same up to 31–03–2018 ;
(9)
After making necessary entries in the records/updating the same,
BOPEE shall draw the Provisional State Merit List out of the
merit list provided by the NBE ;
(10)
As the alloment of seats is to be made on the basis of merit-
cum preference, the candidates shall be required to fillin online
preference forms for the seats and colleges, for which the time
frame, with detailed procedures shall be notified separately.
118 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. [No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Note :––
1.
Mere registration of the candidates shall not make any candidate
eligible for consideration to be included in the Provisional State
Merit List, which shall be based on the eligibility in accordance
with the rules ;
2.
Notwithstanding the above online registration, the Board may,
if it feels expedient to do so, ask any candidate to produce any
and/or all documents in original before the Board for further
scrutiny ;
3.
The candidates, who are permanent resident of J & K as per
section 6 of Jammu and Kashmir Constitution but have appeared
in the NEET Examination from outside the State being temporay
domicile of that State shall have to deposit their biodata including
the NEET Testing ID, Score Card and State Subject in the Board
within three days from the date of issue of this Notice, so that
their cases are considered on merits and decision taken to either
allow or dis-allow them to participate in the process of registration.
Such candidates shall also submit an affidavit to the effect that
they are not competing for 15% All India Quota ;
4.
The cut off date for eligibility for issuance of category
certificates as notified in Notice No. 76-BOPEE of 2017 dated
02–11–2017 is 27–11–2017 and no certificate issued after the
said date shall be entertained. No under process certificates
shall be entertained under any circumstances. However, valid
category certificates up to 27–11–2017 renewed up to the last
date of registration shall be entertained ;
5.
The candidates, during the registration process should carefully
go through any e-mail/SMS being sent by BOPEE and received
by them and take immediate necessary action as may so be
required/advised. The decision of the Board in determination of
the eligibility shall be final. Any information furnished by the
candidate if proved to be false at any stage of admission shall
make such candidate(s) liable to be disqualified and for further
participation in the admission process ;
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. 119
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
6.
Board does not encourage visit of the candidates to the
office, therefore, any clarification required should be sought
by them through the e-Mail address of the Controller
of Examinations viz. [email protected]/
[email protected]. However, only such requests
shall be entertained and responded which have not been clarified
in the Information Brochure, which is being uploaded in due
course of time ;
7.
The eligibility of candidates shall be determined in accordance
with the rules, including the amendments carried out by the State
Government in the reservation rules/other rules vide
SRO–48 of 2018 and SRO–49 of 2018 dated 30–01–2018 and
any other amendment as may be carried out till the issuance of
the Information Brochure ;
8.
The list of documents to be uploaded during the registration
process
shall
be
available
on
the
BOPEE
website www.jkbopee.gov.in/www.jakbopee.org. in due course
of time ;
9.
The candidates are advised to remain in touch with the BOPEE
website for any updation.
(Sd.) ........................,
Under Secretary
J&K BOPEE.
–––––––––
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSTT. COMMISSIONER, REVENUE), KISHTWAR.
Notification
In exercise of the powers conferred upon me under
sub-section (1) of section 4 of the J&K State Land Acquisition Act,
I, Mohd. Syed Khan, (KAS), Asstt. Commissioner, Revenue, Kishtwar
do hereby notify the land, the particulars of which are given below
and is likely to be needed for public purpose i. e construction of
Link Road from Shiv Nagar to Sranwan Village Pakalan.
120 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. [No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
The interested persons if any, with respect to the acquisition
of land may file objections in my office within 15 days from the date
of issuance of this notification. In pursuance of your objections, if
any you will be heard on...........
Particulars of land
District
Tehsil
Village
Khasra No.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kishtwar
Kishtwar
Pakalan
687/681/419 min
04–19
687/681/419 min
01–12
687/681/419 min
00–11
686/681/419 min
00–12
367
00–12
367
01–08
370
00–11
693/369
02–13
694/369
00–16
694/369
00–16
694/369 min
00–16
439/398
00–17
399
02–05
389
01–15
389
00–08
––––––
Grand Total
20–11
––––––
(Sd.) MOHD. SYED KHAN, KAS,
Collector, Land Acquisition,
(Asstt. Commissioner, Revenue),
Kishtwar.
––––––––
No. 9] The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. 121
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
IN THE COURT OF MUNSIFF, JMIC, UDHAMPUR.
Present :–Sh. Junaid I. Mir
State through P/S, Rehmbal
V/s.
Nemo
Complaint under sction 523 Cr. P. C.
––––––––
Proclamation
Whereas, a vehicle bearing Engine No. 475IDT15ERZP63659
and Chassis No. 605121ERZ-P70018 and registeration No. CH04E/9444
(Indica) coloured body which was parked on the side of Road at NHW
near Kali Mata Mandir Tikri has been seized by the Police of P/P, Tikri
during petrolling duty on 07–12–2016 in exercise of Powers under section
550 Cr. P. C ;
Whereas, proceedings under section 523 Cr. P. C. In respect of the
above said seized vehicle are pending in this Court.
Therefore, by virtue of this publication, public in general is informed
that if any person has any right or claim over the said property i.e., veh.
Indica he/they may appear in person or through a counsel in this court and
establish his/their claim within a period of six months from the date of
publication of this proclamation, failing which appropriate order for disposal
of above said property shall be passed under law.
Given under my hand and seal of this court today on 14–12–2017.
(Sd.) .................................,
Munsiff, JMIC,
Udhampur.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSTT. COMMISSIONER, REVENUE), KARGIL.
Notification
In exercise of the powers conferred by section 4(1) of the
Jammu and Kashmir Land Acquisition Act, Samvat 1990, I, Barkat
122 The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940. [No. 9
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Ali Lone, KAS, Collector, Land Acquisition (Asstt. Commissioner
Revenue, Kargil do hereby notify the land, particulars of which are
given below and which is likely to be acquired for public purpose
namely for construction of Link Road Naktoo Graveyard to Shingkhan
Mohallah at Village Baroo.
Objections, if any, from the interested persons or any person
with regard to the acquisition of below mentioned land can be filed
in the office of the undersigned within 15 days of issuance of this
notification :––
Particulars of land
District
Tehsil
Village
Khasra No.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kargil
Kargil
Baroo
542 min
00–04
560 min
00–06
556 min
00–04
–––––
Grand Total
00–14
–––––
Objection filed after expiry of 15 days period will not be
entertained at any cost.
(Sd.) ...................,
(Asstt. Commissioner, Revenue),
Collector, Land Acquisition,
Kargil.
–––––––
Notice
I, Naik Ashish Mondal No. 2695253F S/o Narayan Chander Mondal
C/o 24 GDRS applying for correction of my name, my child’s name and my
wife’s name which have been wrongly written in the School record of my
child. The correct names are Raj Mondal S/o Ashish Mondal and my wife’s
name is Kabita Mondal instead of Raj Mandal S/o Ashish Mandal and my
wife name Kabita Mandal. Now correct sur-name is Mondal instead of
Mandal. Objection, if any, may be conveyed to concerned authority in 7
days of this notice.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Thu., the 31st May, 2018/10th Jyai., 1940.
[No. 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS––C
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE GENERAL MANAGER, GOVERNMENT
PRESS, SRINAGAR.
e-Tender Notice No. 02 of 2018
Dated 15-05-2018.
(e-Procurement of Press Material)
For and on behalf of the Governor of Jammu and Kashmir,
e-Tenders in two cover system affixed with revenue stamps worth
Rs. 6/- are invited from manufacturers, authorized dealers, registered
firms/suppliers for the purchase of Press Material Items annexed to this
tender notice with specifications in the schedule forming part of terms
and conditions of this NIT. The e-Tender Notice can be downloaded/
accessed on www.jktenders.gov.in :––
01 Date of issue of Tender Notice
16-05-2018
02 Period of downloading of
17-05-2018 (11.00 A. M.) to
documents
18-06-2018
46
The J&K Govt. Gazette, 31st May, 2018/10th Jyai., 1940.
[No. 9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
"
03 Bid submission start date
17-05-2018 (10.00 A. M.)
04 Bid submission end date
19-06-2018 (4.00 P. M.)
05 Last date for receiving hard copy
21-06-2018 (4.00 P. M.)
of (original tender fee and earnest
money in the prescribed form)
06 Date and time of opening of
22-06-2018 (11.00 A. M.)
technical/financial bids
07 Sale of tender form against DD
16-05-2018 to
(Non-refundable) of Rs. 500 to
18-06-2018 (4.00 P. M.)
all firm including registered
SSI Units pledged to Accounts
Officer, Govt. Press, Srinagar
08 Earnest Money
Rs. 10,000/- or equivalent to
2% of their tendered value
subject to minimum of
Rs. 8,000/-. However, the
registered SSI Units are
required to furnish 50% of the
prescribed earnest money.
The uploaded bids on the website will be opened as per above
schedule in the Office of the General Manager (Convener), Unit Purchase
Committee, Government Press, Srinagar in presence of bidders who wish
to attend. In case of holiday on the date of opening of bid, bids will
be opened on the next working day and will be communicated accordingly
to the bidders through e-mail or telephonically.
(Sd.) AIJAZ AHMAD AKHOON,
General Manager.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Jammu, the 27th of March, 2018.
SRO-143.––In exercise of the powers conferred by sub-section (1)
of section 3 of the Jammu and Kashmir Juvenile Justice (Care and Protection
of Children) Act, 2013, the Government in consultation with the Hon’ble
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Srinagar, Tue., the 27th March, 2018/6th Chai., 1940.
[No. 51-g
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
2
The J&K Govt. Gazette, 27th March, 2018/6th Chai., 1940. [No. 51-g
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
High Court designate the following Judicial Officers as Principal Magistrates
for the Juvenile Justice Boards as shown against each :––
S. No.
Name of the Principal
Juvenile Justice
Magistrate
Board
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
1.
Altaf Hussain Khan, Munsiff,
Anantnag
Anantnag
2.
Fayaz Ahmad Qureshi, Munsiff,
Baramulla
Baramulla
3.
Parvez Iqbal, Sub-Judge/Special
Srinagar
Mobile Magistrate, Srinagar
4.
Meyank Gupta, 3rd Additional
Jammu
Munsiff, Jammu
5.
Arun Kumar Kotwal, Sub-Judge/Mobile
Doda
Magistrate, Bhaderwah
6.
Nuashad Ahmad Khan, Sub-Judge/Mobile
Rajouri
Magistrate, Rajouri
7.
Ms. Spalzes Angmo, Chief Judicial
Kargil
Magistrate, Kargil
8.
Tsewang Phuntsog, Munsiff, Nobra
Leh
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
J&K SRINAGAR
Present : Nighat Sultana, District and Sessions Judge (Presiding Officer)
File No. 81/LC/Ref. 2007.
D. O. I. : 06-11-2007.
D. O. D. : 31-08-2017
––––––
In the case of :––ASCOM Employees Welfare Association, Jammu.
(Applicants/Petitioners)
Versus
Trustee Administration, ASCOM and Hospital Sidhra,
Jammu.
(Non-Applicant/Respondent)
––––––
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Fri., the 11th May, 2018/21st Vai., 1940. [No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
2
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
In the Matter of :–– Reference under section 10 (c) of the Industrial Disputes
Act, 1947 in above titled Case.
Appearing Council :–– For the Petitioners : Authorized Representative.
For the Respondent : Mr. Achal Sharma Ld. Counsel.
–––––––
AWARD
The Government of J&K referred the industrial dispute case arising
between the ASCOM Employees Welfare Association, Jammu and Trustee
Administration, AS COM and Hospital Sidhra, Jammu to this Court/Tribunal
under section 10© sub-section 1 of Industrial Disputes Act, 1947 vide
Notification bearing SRO No. 333 dated 17th September, 2007 for
adjudication upon the below specified matters :––
(a) Whether the demands raised by the Employees Welfare
Association, ASCOMS are genuine ?
(b) If so, to what relief they are entitled ?
On receipt of the reference, notices were issued to the parties who
appeared and filed their respective statement of Claims which are summarized
as under :––
The ASCOM Employees Association had raised some of the
demands regarding their employment of served notice. upon the
respondent employer on 10-06-2005 for consideration of their
demands but the non-applicants did not take any action upon the
matter therefore after two months a reminder was sent to the
respondent but still there was no response from management side.
After that dispute was filed before the conciliation officer, but the
Conciliation proceedings failed and the case was referred to the
Govt. for onwards transmission to the Hon’ble Court/Tribunal
for adjudication The charter of demands were regarding
(1) confirmation of employees, to make employees permanent,
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) promotion policy, (3) provident fund, (4) maternity leave,
(5) salary and pay scales, (6) medical treatment, (7) group insurance
scheme, (8) night allowance, (9) risk allowance, (10)
implementation of Gratuity Act 1972, (11) termination from service
without any procedure, (12) copy of service rule to the association
and (13) office accommodation for employees association. The
demands raised by the employees Association are discussed as
under :––
1. Conformation of Employees :
Employees are working continuously and regularly from a
long period and have completed 240 days under I. D. Act
1947. About 700 employees are employed in the hospital.
All employees be confirmed and confirmation letters be given
to all the employees in the hospital.
2. All employees who have been appointed on Adhoc basis or
probation and have completed their period of 240 days,
continuously and regularly, as required under I. D. Act, 1947
by regularized . Thus be brought on permanent established
of the hospital.
3. There is no definite promotion policy for employees in the
hospital and employees are working from a long
period. Promotion policy be formulated for employees in
the hospital and there should be no pick and choose
policy.
4. E. P. F. scheme be implemented for all the employees in the
hospital and their accounts statements be provided to all
the employees with E. P. F. Account No. from the date
when they joined in hospital.
5. Maternity leave to the female staff be granted to all the
female employees as per law under Maternity Benefit Act.
6. Pay Scales/Salary :
The Directive principal as ensured under the articles 43 of
the Constitution of India, ensure a decent standard of life to
4
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
each one irrespective of the work done by him. Every step
must be a step forward in the said direction. The present
salary system consist of many factors, the most important
being the basic salary, dearness allowance and other amenities
like housing etc. progressive improvement of salary should
be at the scale which should be fixed. At present no pay
scale of employees has been formulated so far by the
competent authority for the employees which is the dire
need at present and the salary/wages be classified and fixed
on long turn basis and adopted for better living standards.
7. Proper medical treatment to employees be provided with
proper scheme.
8. Group Insurance Scheme be introduced for employees in
the hospital as at preserit there is no social security scheme
for employees in the hospital.
9. Night allowance be given to all those employees who remain
on night duty.
10. Risk allowance be paid to all those employees who perform
the job risk.
11. All those employees who have retired be paid gratuity under
Payment of Gratuity Act, 1972 and the said Act,1972 be
implemented properly.
12. The Employer use a hire be fixed policy while terminating
an employee without using the proper procedure of law–On
the mere pretext of misconduct. Therefore, proper standing
orders and service rules be made.
13. The respondent have no service rule or certified standing
order to regulate the service conditions of employees.
Therefore, it is demanded that certified standing orders be
made as per under law so that service of employees will be
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
governed by the statutory provisions containing terms and
conditions of employment.
14. Employees association is a Regd. trade union under law and
functioning as a statutory body which is doing work for the
welfare of employees, institution and nation but there is no
office for the union to function in the hospital premises and
to sit with employees to solve their day today problems and
grievances. Therefore, it is prayed and demanded that one
room for union office may please be awarded to carry out
the functions and activities properly.
Further the applicants Association have prayed for the
payment of all benefits under various Labour Laws applicable
to the non-applicant, retrospectively.
The respondent filed the objections on 26-03-2008 which are
summarized as under :––
The respondent have admitted the serving of the demand notice
dated 10-06-2005 by the applicants/petitioners of subsequent
holding of Conciliation proceedings and the reference of the Case
to this Court/Tribunal by the Government. However, they have
stated that during the intermediate time between the reference of
the matter to the Government and its subsequent reference to the
Hon’ble Industrial Tribunal for adjudication, the legal and factual
developments that ensued, have rendered the terms of this reference
as legally settled, thus rendering this reference and claim petition
as redundant. To elaborate on this fact, it is submitted that much
after the dispute was referred to the Government, the petitioner
again served the respondents with a charter of demands and a
strike notice regarding various service conditions of the employees
vide the notice No. BMS/AEWA/13/2007 dated 13-03-2007.
Demand notice would make it manifestly clear that the second
demand notice was only reiteration of the earlier notice. In respect
of the second demand notice, when the conciliation proceeding
6
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
were initiated at the instance of the respondent, and exhaustive
and comprehensive deliberation were exercised between the
Management and the Employees, with the mediation and
conciliating efforts of the conciliation officer, thereafter a
memorandum of settlement dated 05-05-2007 was executed signed
by the parties approved and attested by the conciliation officer
under Industrial Disputes Act.
Hence the Memorandum of the settlement has statutory force in the
eyes of law as the same is inconsonance with the statutory provisions
enshrined in the Industrial Disputes Act. The settlement has a binding effect
on the parties and cannot be contravened by either of the parties. In the light
of this legal position it would be relevant to study clause 13 of the
memorandum of the settlement which is quoted as under :––
_______The party of the second part also agrees that there is no
other issue other than the ones specified in the demand notice
regarding the service conditions which needs to be addressed to.
The agreement arrived as is taken as full and final settlement of all
the claims and issues raised by the employees. No similar issue
shall ever be pressed in demand by the party of second part in
future and all demands, which include the legal proceeding initiated
in this regard raised by party of the second part earlier to this point
of time, stand withdrawn. The contents of the fore-referred clause
clearly reveal that all similar demands which had been raised and
settled in this deed, stood withdrawn. It is further covenanted in
the settlement deed that the petitioners withdraw any legal
proceedings initiated in this behalf. It flows as natural corollary
that the present petition automatically becomes redundant in the
light of the settlement, more so when all the issues have been
conferred on the employees.
In the light of the settlement of issues between the parties the respondent
have claimed that the applicant’s petition deserves out right dismissal in
limini.
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
7
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
In addition to the preliminary objections the respondent’s also filed
the para-wise reply as under :––
1. That the issue of the conferment of permanent status to the
employees has already been resolved and settled Vide
the.agreement dated 05-05-2007 arrived at between the
employees and the Management as per clause-2 of the
agreement, it was mutually decided and agreed that all the
employees who have completed 7 years of satisfactory and
unblemished service will be issued confirmation letters. This
clause on part of the Management has been followed in
letter and spirit and few of the instances where such
confirmation has been conferred are illustrated in the orders
collectively.
2. With regard to the promotion policy of the employees
clause-7 of the agreement have been referred--------
“Regarding promotion policy, the party of the second part
was informed that the promotions to higher posts are being
given whenever the same are available depending upon the
need of the institution subject, however, to their possessing
necessary academic qualification, requisite experience,
suitability and good work and conduct. However, in general
the employees are being considered for promotion or for
hike in pay after rendering a minimum service of ten years
in the institution. The same has been agreed to by the party
of the second part.”
3. With regard to implementation of Employees provident fund
schemes the respondent have stated that it has been
implemented in letter and spirit since 1st of March, 2000
i. e., much before the raising of this demand in the first
instance. Hence, this issue is completely misconceived.
4. With regard to granting of maternity leave as warranted under
law is already being provided to the femaie employees of
the institution.
8
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
5. That with regard to Directive principles as enshrined in the
Constitution of India are not legally justiciable and hence
not enforceable. However, respondents have submitted that
the salaries are being paid in accordance with Minimum
Wages Act from time to time. The salaries of the employees
were enhanced and fixed in accordance with SRO No. 157
dated 06-06-2005 issued by the Government. Apart from
this, vide office order No. ASCOMS/ADM/TA/O/5771
dated 31-07-2005 and ASCOMS/ADM/TA/O/5912
dated 17-08-2005 ; the benefits of raise in salary was also
extended to the employees who were already drawing salaries
more than the prescribed, according to their length of service.
It would be in context to bring to light the fact that even
after having adhered to all the statutory provision/legal
provisions with regard to the salaries of the employees, the
Management was magnanimous to confer a quantum benefit
with regards to salaries to the employees vide the agreement
wherein the hike in the salaries of the employees has been
delineated will make it amply clear that the .Management
has gone beyond the call of its legal duty to ensure the best
possible welfare benefits for the employees.
6. With regards the issue of facility of Medical treatment
conferred to the employees, already stands resolved vide
the fore-referred agreement. The relevant clause of
the agreement is reproduced hereunder for handy
references :––
“Clause-10------- The party of second part was appraised
about the facility of the Medical Treatment being provided
by the Institution to the extent of one month’s salary of the
employee coupled with 50% subsidy in case the expenses
incurred exceed. However, the party of the first part has
agreed to give a magnanimous benefits and fix a minimum
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
limit to an amount Rs. 5000/- up to which free Medical
Treatment shall be provided. This provision is being
introduced especially to benefits those employees who are
earning less than Rs. 5000/-”
7. That the insurance linked with Provident Fund has
already been made applicable as per the instruction issued
by the J&K Government vide notification No. 464
dated 14-12-2000. Futher it is submitted that the group
insurance scheme as contented by the petitioners is not
applicable to the respondent and hence not legally justifiable.
8. With regards. to contention regarding night allowance to the
Employees, it is submitted that the employees are expected
to work for 48 hours in a week. In view of the fact that the
hospital runs for 24 hours a day so as to provide proper
patient care, therefore, the working of the paramedical and
other staff connected with the hospital is staggered in manner
that the total working time in a week does not exceed 48
hours. This working span includes duty at night also.
However, if the total working times in a week exceed
48 hours, the Management will pay the overtime allowance
as required under rules. In view of the fact that there is no
provision of any night allowance in the Labour Act, therefore,
the same is not being paid as the total duty period comes
within the norm of 48 hours in a week.
9. That with regard to contents regarding risk allowance, have
already been issued.
10. That the Payment of Gratuity Act, 1972 is being implemented
in letter and spirit and the benefits are extended to all
deserving employees.
11. That the contents regarding termination are misconceived
and totally false. The alleged contentions of the para are
10
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
against records and the position of law. The authorities have
always complied with due process of law in determining the
suitability of the employment of the Employees.
12. That the service conditions of the Employees are being
regulated by duly notified service Rules, notified and
implemented vide order No. ASCOMS/ADM/TA/13789
dated 11-08-2006.
In the light of above submissions and filing of objections.
The respondents humbly have submitted that the petition of
the petitioners be dismissed against the petitioners and in a
favour of the respondents with costs.
Heard both side and also perused the file.
The petitioners/applicants filed the rejoinder to the objections
of the respondents on 12-06-2008 wherein they have denied
all the Contents and submission as made by the respondent
in their objections and have denied that none of their demands
have been met and accepted by the respondent.
The Court/Tribunal having regard to the statement of the
Claim of the Applicants/petitioners the objections filed by
the respondent and the connected objections of the applicants/
petitioner the Court/Tribunal treated the referred issues as
the issues framed by this Court/Tribunal :––
(i) Whether the demands raised by the ASCOMS
Employees’ Welfare Association Jammu are genuine ?
(ii) If so, to what relief they are entitled in ?
Parties were directed to lead the evidence in support
of their contentions. The petitioners produced two
witnesses (1) Bushan Sharma, General Secretary of
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
11
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
the Association and (2) Sachin Bali, Finance Secretary
of Association.
P. W. I. Bushan Sharma stated and repeated the
contents of the petition as well as the demand notice
dated 10-06-2005. He stated that there was no amicable
settlement before the conciliation officer during
conciliation proceeding. The respondent do not issue
any confirmation letters to employees who are in
employment from a long time . Therefore have
demanded that conformation letter be issued in their
favour. Permanent letters be issued to all employees
who have completed 240 days service continuously
and regularly. Employees who have been appointed
on adhoc basis are now making them contractual
employees and terminating them and changed their
service conditions. There is no promotion policy and
there is no service list of employees. There is pick and
choose policy E. P. F. has not implemented for all
employees. Maternity leave be given to female staff.
Management have not made any pay scales for
employees and no D. A. is being paid. The Daya Nand
Hospital Ludhiana and C. M. S Hospital Ludhiana have
made pay scales for their employees. There about work.
Medical reimbursement policy be made, There is no
group insurance scheme for employees. Night allowance
be paid. They have not implemented Gratuity Act
properly. No certified standing order for governing the
service conditions have been framed, there are 600
employees in hospital, No office has been allotted to
the trade union which is necessary for functioning of
the trade union as there are about 900 employees in
the Hospital and to attend to their problems and
grievance statement on 18-03-2009 P. W. 2 Sachin
Bali P. W. 2 stated that there are about 500 employees
12
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
in the hospital, and his statement as witness is on the
similar lines as of P. W. 1. An opportunity to cross
examine the witness was afforded to the respondent.
During cross examination the inters deposed that
whether Aid is being paid or not I do not know our
union is regd. When I was appointed, my salary was
Rs. 1800/- Today I am getting Rs. 3500/- P. M. I know
that charter of demands has been given. Only promotion
policy is for Doctor and not for para Medical staff and
other staff. I do not know whether the· rules have
been made by the respondent management, Medical
Facility is being given but very less confirmation letters
be given after one year service who have completed
240 days in a calendar year under law. There is no
seniority list of employees the evidence of petitioner
was closed on 18-3-2009.
The respondent were provided opportunity to lead the
evidence. In their defense they produced three
witnesses Sh.Vinod Kumar Suri, Administrative Officer
and Sh. S. S. Soodan, Director Medical in the Hospital
and Sh.Vinod Kumar Suri, The interims deposed
that the employees raised the charter of demands
on 10-6-2005, and majority of the demands have been
redressed and rest of demands are in pipeline. 900
employees are working in the institution. The
institution smoothly is running since 1995, All the
employees are governed by the service law. There is a
clear cut policy of management regarding the
confirmation in the service. Night allowance and risk
allowance are also given to the employees, Gratuity is
being paid. The institution has more than 900
employees, and dealt with the procedure laid down in
the service law. The respondent institution well equipped
with service law, on cross examination to R. W. 1 by
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
the petitioner on 19-5-2014, the witness deposed that
he joined in the hospital in the year 1995. There are
902 employees in the hospital out of the 674 are not
teaching staff and out of which 233 are permanent and
308 are contractual and there is 7 daily wagers. There
is policy for regularization of the employees. There is
promotion policy and some of the workers have been
promoted in accordance with rules. Service rules have
been framed by the management. However stated that
whether the service rules were certified by the
competent authority he does not know seniority list
of the employees as per category, prepared seniority
list has not been circulated or displayed by the
management, provident fund is applicable in the
hospital, Maternity leave is granted to the female
employees as per rule, pay scales have been made by
the management. Our Hospital is not covered under E.
S. I. Act. Medical benefits are given to the employees
as per rule, Night allowance is also given to the
employees, and Risk allowance as per rule, Gratuity
as per Gratuity Act, is also being paid to the eligible
employees.
R. W. 2 Dr. S. S. Soodan, Director Medical stated on
affidavit that the statement of the workers is on
the similar lines as of the namely Vinod Kumar Suri
R. W. l of the Hospital Management. In cross
examination to witness on 8-8-2014, witness has
deposed that hospital was constructed in 1996. There
are service rules for the employees. However does not
know the date of formation of the rules as he is not
dealing with the administrative work and cannot say
about the demands notice.
The examination of the statement of the respondents
witnesses reveal that some of the demands raised by
14
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
the applicants/petitioners viz. E. P. F., Maternity leave,
Medical treatment, Night allowance, Risk allowance
of Payment of Gratuity Act, 1972 have been framed
justified and genuine and accepted by the Respondent.
Now with regard to the other demands with respect to
Confirmation of employees and in the support of this
demand, the petitioners produced are more witness
Bushan Sharma as evidence, who deposed that the
respondent did not issue any confirmation letter to the
employees since 1996 to this date no permanent letter
has been issued to all those employees who were
employed on Ad hoc or are probation period for years
together till 10-6-2005 and no employee has been made
permanent who have completed 240 days in a calendar
year as per provision under section 25–F of Industrial
Disputes Act, 1947 completed the mandatory provision
under law. No pay scales have been made by the
management after passing 10 years period, No service
rules have been made during this period to govern the
service conditions of employees nor any service
rule copy has been filed before the Hon’ble Court as
R.W. 2 witness Vinod Suri stated that there are 900
employees and witness R. W. 2 stated in evidence on
the same time. P. W. l stated that respondent has not
acceded their charter of demands as mentioned in
demand notice 10-6-2005. The respondent did not file
any record of employees particular with respect to the
list of the employee whose services have been
regularized or made permanent. The R. W. l Vinod
Suri did not file any service rule copy and seniority
list, No pay scale of employee have been made for the
last 10 years. No confirmation letters or permanent
letters to employees have been filed by the respondent
before this Court/Tribunal to satisfy the court and no
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
15
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
pay scale copy has been filed. No copy of service rule
has been filed in the court , no promotion copy if any
has been- filed by the respondent before the Hon’ble
Court.
The perusal of the case file, the statements of the
witness has proved undoubtedly that hospital
management has not made any service rules to govern
the service conditions of a large number of employees
as the No service rule copy has been filed before the
Hon’ble Court nor it has been given to the employee
representative so far, so its certification by the
competent authority does not arise. The R. W. l Vinod
Suri and S. S. Soodan R. W. 2 an responsible official
of the hospital failed to satisfy the Hon’ble Court that
any service rules has been framed for the employees
of the hospital i. e. which could describe the
classification of employees about employment, Record
of Age, About Attendance, Absence from work
promotion, Redress of grievances, Misconduct
procedure for disciplinary action, Retirement about
classification of employees permanent, probationer,
Temporary, On contract, Casual etc. The Hospital
Management has given a false statement before Hon’ble
Court that Hospital Management has framed the service
rules for employees. The respondent did not file service
rule in the court nor disclosed it to the employees.
Therefore the management of the hospital is directed
that the service rules of all employees with the
consultation of employees representative be framed and
the seniority list of all the categories of the employees
be also finalized within one month after the order of
the Hon’ble Court. All employees who have completed
probation period or extended period be confirmed and
orders in writing be issued by the competent authority.
16
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
All employees who have completed one year or more
period of service be issued confirmation letters
otherwise the respondent is depriving them of the status
and privileges of being permanent employees and not
issuing confirmation letter to employee is unfair labour
practice under Industrial Disputes Act, 1947. With
respect to promotion policy the Hospital management
is under obligation to formulate a promotion policy in
service rules from one post to another or higher post
or from lower grade to higher grade is necessary to
make out promotion policy for all the employees and it
will be determined on the basis of seniority. This
demand is genuine and hospital management should
finalize the promotion policy within one month after
the order of Hon’ble Court.
With respect to Demand No. 6 i. e. pay scale of
employees the evidence lead by the parties has proved
that no pay scales has been formulated by the hospital
Management. The tribunal Court while taking note of
this directs that the wage structure prevailing in other
comparable concerns in the region be adopted. The
Hospital business carried on by the ASCOM and its
Management has similar factors with the Daya Nand
Hospital and, C. M. S Hospital at Ludhiana, the pay
scale be formulated on the same analogy and pattern
as adopted in the same concerns in Ludhiana. Pay
Scales be comprised of the factors the most important
being the basic salary, dearness allowance and other
amenities like house rent etc. pay scales be framed for
900 employees of hospital where as the Management
has made pay scales for Doctors but No pay scales
has been framed for para Medical Staff which are more
than 600 employees. Pay scales should be regarded as
long term plan. Pay scales be adopted by the respondent
No. 6-13] The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
17
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Hospital Management as long term plan and better living
for the low paid employees who are in employment
for the last about 20 yeas in regular and continued
service.
In the aforesaid circumstances in my opinion the
ASCOM employees welfare association raised the
demand notice upon the respondent employer on
10- 06-2005 with different demands viz confirmation
of employees, to make employees permanent,
promotion, policy, provident fund, maternity leave,
salary and pay scales, medical treatment, group
insurance scheme, night allowance, risk allowance,
implementation of Gratuity Act, 1972, termination from
service without any procedure, copy of service rule to
the association and office accommodation for
employees association are quite genuine and legal needs
to be adopted at once.
Further the demand of regularizing service of all those
employees who have put in 240 days in the calendar
year and have 20 years of service at their back shall be
brought on regular and permanent establishment and
be paid wages as fixed by the Government till they are
regularized.
The element of deliberate act on the part of the
respondent to deprive them of the benefits of
permanency is totally illogic. I fail to understand if they
are in continuous employment for years together why
have they waited upto 10-06-2005 ? The time changes,
the nature of work changes, many factors governing
the nature of the business also changes. Therefore there
is no hard and fast rule that as soon as a casual workman
has completed 240 days he should be made permanent
18
The J&K Govt. Gazette, 11th May, 2018/21st Vai., 1940.
[No. 6-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
however he can continue till work is completed. It is
not that the casual work is illegal or is prohibited under
the Law. In any industry as and when work is available
casual work can be given and as soon as that work is
over the casual workman has to go . He does not create
any vested right in employment by the very nature of
the casualness in work.
In view of the above discussion it is safe to hold that
employees different demands of services is genuine.
As such it is held that employees demands are justified
and legal. Hence issue No. (1) is decided in favour of
the applicants. So far as the 2nd, issue is concerned
the demands of the employees for regularizing their
services and other different demands of service benefits
are genuine, the services of all those employees who
have put in more than 20 years of service be regularized
and brought on permanent establishment and pay grades
be given to them. The relief is answered accordingly.
Award is accordingly passed in favour of the ASCOM
Employees Welfare Association/Applicants Jammu.
File stands disposed off and shall go to records after its
completion. A copy of award be sent to the appropriate
Government for its publication in the Government
Gazette under rules.
Announced :
Dated 31-08-2017.
(Sd.) NIGHAT SULTANA,
District and Sessions Judge
(Presiding Officer),
Industrial Tribunal/Labour Court,
J&K, Jammu.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Jammu, the 28th March, 2018.
SRO-145.––In exercise of the powers conferred by clause (b) of
section 3 of the Jammu and Kashmir Grant of Permanent Resident Certificate
(Procedure) Act, 1963 (Act No. XIII of 1963), and in supersession of all
previous Notifications issued in this behalf, the Government hereby
appoint the following officers, to be the competent authority for the
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Srinagar, Wed., the 28th March, 2018/7th Chai., 1940. [No. 51-i
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
2
The J&K Govt. Gazette, 28th March, 2018/7th Chai., 1940. [No. 51-i
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
purposes of the said Act within the territorial jurisdictions as shown against
each :––
S.
Name and Designation of
Territorial Jurisdiction
No.
the Officer
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Mr. Kaiser Ahmad Bhawani, (KAS),
Sub-Divisional Marwah
Sub-Divisional Magistrate Marwah,
and Assistant Commissioner,
holding additional charge of ACR,
Kishtwar of District Kishtwar.
Kishtwar.
2.
Shri Rishi Kumar Sharma, (KAS),
Sub-Divisional Magistrate,
Sub-Divisional Magistrate, Padder.
Padder of District Kishtwar
By order of the Government of Jammu and Kashmir.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Jammu, the 28th March, 2018.
SRO-146.––In exercise of the powers conferred by section 164
of the Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No. V of 2017), the State Government hereby appoints the 1st day
of April, 2018, as the date from which the provisions of sub-rule (ii) of
rule 2 (other than clause (7), (iii), (iv), (v), (vi) and (vii) of rule 2 of
SRO notification No. 144 of 2018 dated 27-03-2018 are made
applicable.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to Government,
Finance Department.
EXTRAORDINARY
REGD. NO. JK—33
No. 51-j]
The J&K Govt. Gazette, 28th March, 2018/7th Chai., 1940. Wed.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Power Section)
Notification
Jammu, the 2nd of April, 2018.
SRO-148.––In exercise of powers conferred by sub-section (1) of
section 12 of the Code of Criminal Procedure, Samvat 1989, the
Government hereby appoint following 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 their respective territorial
jurisdictions of District Kishtwar :––
S. No.
Name of the Offcer
Designation and Place of Posting
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
1.
Parshotam Kumar
Look after Naib-Tehsildar, Lopara
2.
Jagdev Singh Kalotra
Look after Naib-Tehsildar, PA to
Deputy Commissioner, Kishtwar.
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-a]
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940. Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Power Section)
Notification
Jammu, the 2nd of April, 2018.
SRO-149.––In exercise of powers conferred by sub-section (1) of
section 12 of the Code of Criminal Procedure, Samvat 1989, the
Government hereby appoint Sh. Mushtaq Ahmed,look after Naib-Tehsildar
to be the Executive Magistrate of the First Class who shall exercise all
the powers of an Executive Magistrate of the First Class within territorial
jurisdiction of District Jammu.
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-b]
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940. Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS.
(Legislation Section)
Srinagar, the 22nd May, 2018.
The following Ordinance as promulgated by the Governor on
22nd May, 2018 and is hereby published for general information :––
THE JAMMU AND KASHMIR (PREVENTIVE DETENTION
LAWS) ORDINANCE, 2018
(Ordinance No. IV of 2018)
[22nd May, 2018.]
Promulgated by the Governor in the Sixty-ninth Year of the Republic
of India.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Tue., the 22nd May, 2018/1st Jyai., 1940.
[No. 7-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
2
The J&K Govt. Gazette, 22nd May, 2018/1st Jyai., 1940.
[No. 7-1
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
An Ordinance to amend the Jammu and Kashmir Public Safety
Act, 1978, Jammu and Kashmir Prevention of Black Marketing and
Maintenance of Supplies of Essential Commodities Act, 1988 and Jammu
and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic
Substances Act, 1988.
Whereas, the State Legislature is not in session and the Governor is
satisfied that circumstances exist, which render it necessary for him to take
immediate action.
Now, therefore, in exercise of the powers conferred by section 91 of
the Constitution of Jammu and Kashmir, the Governor is pleased to promulgate
the following Ordinance :––
Preliminary
1. Short title and commencement.––(1) This Ordinance may be called
the Jammu and Kashmir (Preventive Detention Laws) Ordinance, 2018.
2. It shall come into force at once.
CHAPTER I
Amendment to the Jammu and Kashmir Public Safety Act, 1978.
2. Amendment of section 14, Act VI of 1978.––In section 14 of the
Jammu and Kashmir Public Safety Act, 1978, sub-section (3) shall be
substituted by the following, namely :––
“(3) The Chairman and the other Members of the Board shall be
appointed by the Government on the recommendations of the
Search-cum-Selection Committee consisting of the following :––
(a)
Chief Secretary ……..
Chairman
(b)
Administrative Secretary,
Home Department……..
Member
No. 7-1]
The J&K Govt. Gazette, 22nd May, 2018/1st Jyai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(c)
Administrative Secretary,
Department of Law, Justice and
Parliamentary Affairs …….
Member :
Provided that no sitting Judge of the High Court or the
sitting District and Sessions Judge shall be appointed as
Chairman or Member of the Board except in consultation
with the Chief Justice of High Court.”
CHAPTER II
Amendment to the Jammu and Kashmir Prevention of
Black Marketing and Maintenance of Supplies of Essential
Commodities Act, 1988
3. Amendment of section 9, Act XXV of 1988.––In section 9 of the
Jammu and Kashmir Prevention of Black Marketing and Maintenance of
Supplies of Essential Commodities Act, 1988, sub-section (3) shall be
substituted by the following sections, namely :––
“(3) The Chairman and the other Members of the Board shall
be appointed by the Government on the recommendations of the
Search-cum-Selection Committee consisting of the following :––
(a)
Chief Secretary ……..
Chairman
(b)
Administrative Secretary,
Home Department……..
Member
(c)
Administrative Secretary,
Department of Law, Justice and
Parliamentary Affairs …….
Member :
Provided that no sitting Judge of the High Court or the
sitting District and Sessions Judge shall be appointed as
Chairman or Member of the Board except in consultation
with the Chief Justice of High Court.
4
The J&K Govt. Gazette, 22nd May, 2018/1st Jyai., 1940.
[No. 7-1
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(4) Nothing in sub-section (3) shall prevent the Government from
appointing Chairman and Members of the Advisory Board
constituted under section 14 of the Jammu and Kashmir Public
Safety Act, 1978 from being appointed as Chairman and Members
under section 9 of this Act for discharging functions under the
provisions of this Act.”
CHAPTER III
Amendment to the Jammu and Kashmir Prevention of Illicit Traffic
in Narcotic Drugs and Psychotropic Substances Act, 1988
4. Amendment of section 9, Act XXIII of 1988.––In section 9 of the
Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988, clause (a) shall be substituted by the
following, namely :––
“(a) The Government shall, whenever necessary, constitute an
Advisory Board which shall consist of a Chairman and two other
persons possessing qualification as specified in section 9 of the
Jammu and Kashmir Prevention of Black Marketing and
Maintenance of Supplies of Essential Commodities Act, 1988 and
in the manner specified in said section.”
GOVERNOR.
––––––––
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
No. 3-8]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
9
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
CONSENT
I, _____________________, Advocate, do hereby consent to be
designated as a Senior Advocate in terms of section 16(2) of the Advocates
Act, 1961 and agree and undertake to abide by all laws, rules, regulations,
norms, guidelines and criteria as are for the time being in force or which
may be prescribed hereafter for this purpose.
Place :
Date :
Signature.
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Notification
No. 34 dated 25-04-2018.
In exercise of the powers conferred by Section 23 of the J&K Contempt
of Courts Act, 1997 (Act No. XXV of 1997) read with Article 215 and 225
of the Constitution of India and Section 102 of the Constitution of Jammu
and Kashmir, the High Court of Jammu and Kashmir hereby makes the
following Rules to regulate the proceedings for the Contempt of itself and of
Courts Subordinate to it under the Contempt of Courts Act, 1997 :––
1. Short title and commencement.––(i) These Rules may be called
“The Rules, to regulate proceedings for Contempt of the Subordinate Courts
and the High Court of Jammu and Kashmir, 2018.”
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Wed., the 25th April, 2018/5th Vai., 1940.
[No. 3-7
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) These Rules shall come into force on the date of their publication
in the J&K Govt. Gazette.
2. Definitions.––In these Rules unless there is anything repugnant to
the context,––
(a) “Act” means the Jammu and Kashmir Contempt of Courts
Act, 1997 ;
(b) “Advocate General” means the Advocate General (for the State)
of Jammu and Kashmir ;
(c) “Chief Justice” means the Chief Justice of the High Court of
Jammu and Kashmir ;
(d) “Code”means the “Code of Criminal Procedure, Svt. 1989”
(1933 A. D.), as amended from time to time ;
(e) “Form” shall mean the forms mentioned in the appendix to
these Rules ;
(f) “High Court” means the High Court of Jammu and Kashmir ;
(g) “Judge” means the Judge of the High Court of Jammu and
Kashmir ;
(h) “Registrar” means ‘Registrar Judicial’ and shall include Joint
Registrar Judicial or any other officer as may from time to
time be specified by the Chief Justice ;
(i) “Subordinate Court” means any court subordinate to the High
Court of Jammu and Kashmir but does not include “Panchayati
Adalat or Village Adalat” etc. ;
(j) “Ex-facie contempt” includes a commission of any of the
offences mentioned in Section 480 of the Code, in the view,
or, presence of, any Judge or Judges of the High Court sitting
in Court ;
(k) All other words and expressions used in these Rules, but not
defined herein, shall have the meanings respectively assigned
to them in the Act.
No. 3-7]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
3. Form of Motion.––(1) Every motion for initiating action for
Contempt of Court shall be in the form of petition described as Contempt
Petition (Criminal) in respect of Criminal Contempt and Contempt Petition
(Civil) in respect of Civil Contempt.
(2) Every petition under the Act shall be presented in the Office of
Registrar and registered as Contempt Petition (Civil) or Contempt Petition
(Criminal).
(3) If there are allegations of commission of both Civil Contempt and
Criminal Contempt against the same person/persons, two separate applications
shall be moved, one dealing with Civil Contempt and the other with Criminal
Contempt.
(4) In case of Civil Contempts, certified copy of judgment, decree,
order, writ or undertaking, which is alleged to have been disobeyed, shall be
filed along with the petition.
(5) Every Civil Contempt shall be accompanied by as many extra
copies as there are respondents.
(6) The Registry shall prepare the paper book in triplicate in case of
Criminal Contempt and all relevant material brought on the record from
time to time shall be included in the paper book.
4. Cognizance.––(1) Proceeding in connection with a Civil
Contempt may be initiated,––
(a) by a petition presented by a party or parties aggrieved ; or
(b) by the High Court on its own motion ; or
(c) in case of any Civil Contempt of a Subordinate Court on a
reference made to it by that Court.
(2) Proceeding in connection with a Criminal Contempt may be
initiated,––
(a) on a motion of the High Court in respect of a Contempt
committed in its own view under section 14 of the Act ; or
4
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) on its own motion by the High Court under section 15 of
the Act ; or
(c) on a motion founded on a petition presented by the
Advocate General ; or
(d) on a motion founded on a petition by any other person with
consent in writing of the Advocate General ; or
(e) on a reference made to High Court by the Subordinate Court.
5. Contempt Proceedings.–– When proceedings are initiated on behalf
of an aggrieved person, every petition, motion or reference shall contain––
(a) The name, description, age and registered postal address of
the petitioner/petitioners and the person/persons charged ;
(b) Nature of the Contempt alleged and the material facts including
the date/dates of the Commission of alleged Contempt, as may
be necessary for the proper determination of the case ;
(c) If a petition has previously been made by him on the same
facts, the petition previously made and shall also indicate the
result thereof ;
(d) The petition shall be supported by an affidavit ;
(e) Where the petitioner relies upon a document in his possession
or power, he shall file such document or documents or true
copies thereof with the petition or make a reference in the
petition that the document or documents relied upon cannot be
immediately had due to reasons beyond his control and that
the same shall be filed in due course of time ;
(f) No court fee shall be payable on the petition or any documents
filed in the proceedings ;
(g) The petition shall be signed by the petitioner or his duly
authorized agent ;
(h) Every petition shall be verified by the solemn affirmation made
by the petitioner or by a person/persons having cognizance of
No. 3-7]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
facts stated and shall state clearly by reference to the paragraphs
of the petition, whether the statements are based on knowledge,
information and belief or on record, where a statement is based
on record sufficient particulars shall be given to identify the
records ;
(i) Where the petitioner is a company there should be appended
an affidavit of competency and if the petitioner or the respondent
is a Corporation provisions of Order XXIX of the CPC, in so
far as they are applicable, shall apply ;
(j) Where the respondent is the State Govt. or the Central Govt.
the cause title shall mention the person upon whom the notice
or the rule is to be served.
6. Initiation of proceedings.––(1) Every petition, motion or reference
to Civil Contempt shall, unless directed otherwise by the Chief Justice, be
laid before a Single Bench.
(2) Every petition, motion or reference in relation of Criminal Contempt
shall, unless directed otherwise by Chief Justice be laid for motion hearing
before Division Bench constituted by the Chief Justice.
(3) Where a Bench constituted by the Chief Justice for hearing any
petition declines to hear the case on personal grounds or otherwise or if one
of the Judges constituting the Bench, in case it consists of more than one
Judge, declines to hear the case on such grounds, the matter shall be placed
before the Chief Justice for reassigning the case to some other Bench.
(4) When an application for initiating a proceeding in Criminal
Contempt is received by a Judge other than the Chief Justice, he shall direct
the Registrar that it be laid before the Chief Justice for orders.
(5) The Chief Justice may decide either by himself or in consultation
with other Judges of the Court whether to take cognizance of the information/
application for initiating a proceeding in Criminal Contempt either received
by him or by any other Judge and without the orders of the Chief Justice,
such application/information shall not be registered as Criminal Contempt
Petition.
6
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(6) Every petition shall be posted before the Court for preliminary
hearing and orders as to issue of notice. Upon such hearing, that Court, if
satisfied that no prima facie case has been made out for issue of notice,
may dismiss the petition, and, if not so satisfied direct that notice of the
petition be issued to the respondent.
(7) Where Contempt is committed in the presence of Court, or during
the hearing of a case by the Court, the proceedings initiated for such
Contempt shall be conducted in accordance with the procedure laid down in
section 14 of the Act.
(8) Every reference relating to Contempt of Court received from
Subordinate Courts shall along with the report of Registry be laid before the
Chief Justice who shall have the discretion to file the same or to order that
the same be laid before the Bench constituted by him for orders.
(9) All references made by the Subordinate Courts other than the
Courts of District and Sessions Judge shall be forwarded through the
respective District and Sessions Judge to High Court expeditiously with
their report.
(10) In all cases cognizance of which has been taken Suo Moto, or on
a reference made by the Subordinate Court, the State of Jammu and Kashmir
shall be described as the petitioner and the Advocate General or any other
State Counsel shall conduct prosecution for Contempt in such cases.
7. Criminal Contempt of Subordinate Court under section 15 of the
Act.––
(a) Reference under section 15(2) of the Act may be made
by Subordinate Court either Suo Moto or in an application
received by it ;
(b) Before making a reference the Subordinate Court shall hold a
preliminary enquiry by issuing a show cause notice to the alleged
contemnor, along with copies of relevant documents, if any,
and after offering an opportunity of being heard the Subordinate
Court shall write a concise reasoned order of reference
indicating why Contempt of Court appears to have been
committed ; and
No. 3-7]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
7
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(c) Every motion made by the Advocate General under
section 15(2), of the Act shall state the allegations of facts and
the view of the informant that in relation to these facts Contempt
appears to have been committed of which the court should
take cognizance and take further action. The motion should
contain sufficient material to indicate why the Advocate General
is inclined to move the Court.
8. Admission and Notice.––
(a) Where the Chief Justice or such Judge or Judges of the High
Court to whom the matter is referred under Rule 6 decides/
decide that action should be taken under the Act against the
alleged Contemnor, the Registrar shall cause the notice to be
issued to the alleged Contemnor ;
(b) Every notice issued by the High Court shall be in the form
appended to these rules and shall be accompanied by a copy
of the motion, or petition of reference, as the case may be,
together with the copies of the affidavit, if any ;
(c) The notice shall bear the date, the seal of the High Court and
shall be issued under the signature of the Registrar Judicial ;
(d) Notice of every proceeding under the Act shall be served
personally on the person charged, unless the Court, for reasons
to be recorded, directs otherwise. In that case the service may
be effected by alternative forms of service as may be directed
by the Court ;
(e) Where it is proved to the satisfaction of the High Court that
the person charged is, absconding or is likely to abscond or is
keeping or likely to keep out of the way to avoid service of the
notice, the High Court may order the issue of warrant of
his arrest in addition to attachment of his property under
sub-sections (3) and (4) of section 11 of the Act. Such warrant
may be endorsed in the manner laid down in section 76 of the
Code of Criminal Procedure, 1989, in terms of the order of
the High Court ;
8
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(f) In every case of Criminal Contempt the accused shall appear
in person before the High Court, on the first date of hearing
and on every subsequent date to which the case is posted,
unless exempted by an order of the Court ;
(g) In every case of Civil Contempt, the accused shall appear either
in person or through Counsel before the High Court on the
first date of hearing and on every subsequent dates to which
the case is posted ; but shall appear in person whenever directed
by the Court.
9. Enquiry.––
(a) Any person charged with Contempt of Court other than
Contempt referred to in section 14, may file an affidavit in
support of his defense on the date fixed for his appearance or
on such other date as may be fixed by the Court in that
behalf ;
(b) If such person pleads guilty to the charge, his plea shall be
recorded and the Court may, in its discretion, convict him
thereon ;
(c) If such person refuses to plead or does not plead, or claims to
be tried or the Court does not convict him on the plea of guilt,
it may determine the matter of the charge either on the affidavits
filed or after taking such further evidence as it deems fit ;
(d) The Court may pass such orders for the purpose of securing
the attendance of any person to be examined as a witness and
for the discovery or production of any document as it deems
expedient in the ends of justice :
Provided that the High Court may also direct any Subordinate
Court to record evidence and submit the same to the High
Court. The Subordinate Court will have all the powers of
recording evidence under the Civil Procedure Code and Criminal
Procedure Code.
No. 3-7]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
9
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
10. Bail.––(1) Where any person charged with Contempt, appears
or is brought before the High Court and is prepared, while in custody or at
any stage of the proceedings to give bail, such person shall be released on
bail, if a bond for such sum of money as the High Court thinks sufficient is
executed with or without sureties on condition that the person charged shall
attend at the time and place mentioned in the bond and shall continue to so
attend until otherwise directed by the High Court :
Provided that the High Court may, if it thinks fit, instead of taking bail
from such person, discharge him on his executing a bond without sureties
for his attendance as aforesaid or without executing such bond.
(2) Notwithstanding anything contained in sub-rule (1),––
(a) Where a person fails to comply with the time and place of
attendance, the High Court may refuse to release him on bail,
when on a subsequent occasion in the same case he appears
before the High Court or is brought in custody and any such
refusal shall be without prejudice to the powers of the High
Court to call upon any person bound by such bond to pay the
penalty thereof ;
(b) The relevant provisions of Code of Criminal Procedure,
Svt. 1989 (1933 A. D.) shall so far as may be, apply to all
bonds executed under the rules.
11. Appeals.––(1) Every appeal filed under section 19 of the Contempt
of Courts Act, 1997 shall be registered as “Contempt Appeal” and duly
numbered as such.
(2) (a) Every such appeal, shall be posted before a Bench of not
less than two Judges, if the order appealed against is passed
by a Single Judge of the Court ;
(b) If the order appealed against is passed by a Bench of not less
than two Judges, the appeal shall lie to the Supreme Court.
(3) The procedure for regulation of such appeals shall be the same as
for appeals under clause 15 of the Letters Patent.
10
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
12. Miscellaneous.––(1) Right to defend : Every person against
whom proceedings are initiated under the Act may as a matter of right be
defended by an advocate of his choice competent to appear before the High
Court.
(2) Evidence : In all matters under the Act the charge may be
determined either on the affidavits filed (and documents, if any) or after
taking such further evidence as may be necessary. Where the Court summons
any person to appear as a witness in any proceedings, the expenses of such
witness or witnesses, as determined according to the rules for the time being
in force, shall be paid by the Registrar out of the contingency funds, provided
that the Court may direct any party to the proceedings to pay such expenses.
(3) Provisions of the Code of Criminal Procedure/Civil Procedure
Code to be followed : The provisions of the Code of Criminal Procedure
and the Civil Procedure Code which are not inconsistent with the provisions
of the Act and these rules, shall be applicable to enforce and execute the
orders passed by the High Court in proceedings for Contempt.
(4) Proceedings under other Laws : Proceedings initiated under the
Act, shall not be a bar to any Court for proceeding under the provisions of
other laws relating to Contempt of Courts. The proceedings in the High
Court may be in addition to any impending proceedings before the Courts
or proceedings that may be initiated during the pendency of a contempt
proceeding before the High Court.
13. Costs.––The High Court may direct any party to a proceeding
under the Act to pay the Costs thereof as determined by it to any other party
thereto.
14. Execution.––It shall be the duty of the Registrar to carry out,
enforce and execute the orders passed by the High Court in any proceeding
under the Act, and in particular, orders imposing fines or awarding costs.
15. Procedure on Apology.––
(a) If at any time during the pendency of the proceeding or
thereafter before the execution of the sentence, the accused
tenders an apology, the same shall be placed for orders of the
Court at once with the entire records of the case.
No. 3-7]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
11
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(b) If the Court accepts the apology, further proceeding shall be
dropped and the warrant, if any issued, shall be recalled by an
order.
16. Rules not to apply to ex-facie Contempt.––Nothing in these rules
shall apply to ex-facie Contempt governed by section 480 of the Code.
17. Repeal and savings.––On the coming into force of these rules, all
existing rules governing the subject that is dealt with or covered by these
rules shall stand repealed :
Provided that this repeal shall not affect or invalidate anything done,
any action or decision taken, any disposal made, any order or proceeding
made before the enforcement of these rules.
By order of the Hon’ble High Court.
(Sd.) SANJAY DHAR,
Registrar General.
–––––
12
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
FORM I
(Notice to a person charged with contempt of Court)
[See Rule 8(b)]
IN THE HIGH COURT OF JAMMU AND KASHMIR
Contempt Case No.__________Criminal/Civil of ________
ABC Versus XYZ
(Petitioner)
(Respondents)
To
Sh.________________________________
S/o_________________________________
R/o_________________________________
(Here inscribe the address of the alleged contemnor)
WHEREAS, your attendance is necessary to answer a charge of
Contempt of Court viz. (briefly state the nature of the Contempt) and file
affidavit in support of your defence, if any.
You are hereby directed to appear in person or through an advocate
(if the Court has so ordered) before this Court at Jammu/Srinagar on
the___________ day of _______at ______A. M. and shall continue to attend
the Court on all days thereafter to which the case against you stands adjourned
and until final orders are passed on the charge against you.
HEREIN FAIL NOT
Given under my hand and seal for the Court this the_________day
of_________.
Registrar Judicial
––––––
No. 3-7]
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
13
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM II
WARRANT OF ARREST
[See Rule 8(e)]
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU/SRINAGAR
Contempt Case No.__________Criminal/Civil of ________
ABC Versus XYZ
(Petitioner)
(Respondent)
To
________________________________
_________________________________
_________________________________
(Here inscribe the Name/Designation of the person who is to execute
the Warrant)
WHEREAS___________________of_______________is charged
with committing Contempt of this Court, you are hereby directed to arrest
the said_____________and to produce him before this Court.
HEREIN FAIL NOT
(If the Court has issued a bailable warrant, the following endorsement shall
be made on the warrant)
If the said ___________________shall give bail in the sum of
Rs.________________with one surety in the sum of Rs._____________
(or two sureties each in the sum of Rs._______________) to attend before
this Court on the_________day of ______ 20 and to continue so to
attend until otherwise directed by this Court, he may be released.
Dated this _______________day of ____________
Registrar Judicial.
––––––
14
The J&K Govt. Gazette, 25th April, 2018/5th Vai., 1940.
[No. 3-7
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
FORM III
BOND AND BAIL BOND AFTER ARREST UNDER A WARRANT
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU/
SRINAGAR
(See Rule 10)
I, (name) of________________being brought before the District
Magistrate of _______________ (or as the case may be) under a warrant
issued to compel my appearance to answer to the charge of contempt of
the High Court do hereby bind myself to attend the High Court on
the_______________day of___________next, to answer to the said
charge, and to continue so to attend, until otherwise directed by the High
Court ; and in case of my making default herein, I bind myself to forfeit to
the Government of Jammu and Kashmir, the sum of rupees_____________.
Dated this____________day of_______________
(SIGNATURE)
I do hereby declare myself surety for the above-named__________
of __________ that he shall attend before___________in the High Court
on the________day of______________ next, to answer to the charge on
which he has been arrested, and shall continue so to attend until otherwise
directed by the High Court ; and, in case of his making default therein, I
bind myself to forfeit to the Government of Jammu and Kashmir, the sum
of rupees______________.
Dated this___________________ day of____________________.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
O. M. No. A/10 (2013)-C-1075
Dated 22-03-2018.
Subject :–– Amendment
in
Jammu
and
Kashmir
Family
Pension-cum-Gratuity Rules, 1964 vide SRO-284
dated 11-07- 2017. Clarification of doubts thereof.
––––––
Consequent to the issuance of SRO-284 dated 11-07-2017, doubts
have been expressed by certain quarters as to whether the said SRO shall
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Srinagar, Thu., the 22nd March, 2018/1st Chai., 1940. [No. 51-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
2
The J&K Govt. Gazette, 22nd March, 2018/1st Chai., 1940.
[No. 51-1
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
apply to such cases also where the family pensioner had already attained the
age of 25 years or above on the date of issuance of the SRO and in whose
case the pension had been stopped/PPOs’ surrendered to the Accountant
General for cancellation.
The issue has been examined in Finance Department and it is clarified
that the family pension in such cases shall be payable from 11th of July,
2017, the date of issuance of the SRO on prospective basis.
(Sd.) .....................
Director (Codes),
Finance Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Jammu, the 28th March, 2018.
SRO-147.––In exercise of the powers conferred by section 164
of the Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No. V of 2017), the State Government hereby makes the following
rules further to amend the Jammu and Kashmir Goods and Services
Tax Rules, 2017, namely :––
1. Save as otherwise provided in these rules, they shall come into
force on the date of publication of Central Goods and Services
Tax (Third Amendment) Rules, 2018 in the Central Gazette.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Srinagar, Wed., the 28th March, 2018/7th Chai., 1940. [No. 51-k
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
The J&K Govt. Gazette, 28th March, 2018/7th Chai., 1940.
[No. 51-k
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. (i)
in rule 45, in sub-rule (1), after the words, “where such
goods are sent directly to a job worker”, occurring at the
end, the following shall be inserted, namely :––
“and where the goods are sent from one job worker to
another job worker, the challan may be issued either by
the principal or the job worker sending the goods to
another job worker :
Provided that the challan issued by the principal may be
endorsed by the job worker, indicating therein the quantity
and description of goods where the goods are sent by
one job worker to another or are returned to the
principal :
Provided further that the challan endorsed by the job
worker may be further endorsed by another job worker,
indicating therein the quantity and description of goods
where the goods are sent by one job worker to another
or are returned to the principal.” ;
(ii)
in rule 124––
(a) in sub-rule (4), in the first proviso, after the words
“Provided that”, the letter “a” shall be inserted ;
(b) in sub-rule (5), in the first proviso, after the words
“Provided that”, the letter “a” shall be inserted ;
(iii)
for rule 125, the following rule shall be substituted,
namely :––
“125. Secretary to the Authority.––An officer not below
the rank of Additional Commissioner (working in the
Directorate General of Safeguards) shall be the Secretary
to the Authority.” ;
(iv)
in rule 127, in clause (iv), after the words “to furnish a
performance report to the Council by the tenth”, the word
“day” shall be inserted ;
No. 51-k] The J&K Govt. Gazette, 28th March, 2018/7th Chai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(v)
in rule 129, in sub-rule (6), for the words “as allowed by
the Standing Committee”, the words “as may be allowed
by the Authority” shall be substituted ;
(vi)
in rule 133, after sub-rule (3), the following sub-rules
may be inserted, namely :––
“(4) If the report of the Director General of Safeguards
referred to in sub-rule (6) of rule129 recommends that
there is contravention or even non-contravention of the
provisions of section 171 or these rules, but the Authority
is of the opinion that further investigation or inquiry is
called for in the matter, it may, for reasons to be recorded
in writing, refer the matter to the Director General of
Safeguards to cause further investigation or inquiry in
accordance with the provisions of the Act and these
rules.” ;
(vii)
for rule 134, the following rule shall be substituted,
namely :––
“134. Decision to be taken by the majority.––(1) A
minimum of three members of the Authority shall constitute
quorum at its meetings.
(2) If the Members of the Authority differ in their opinion
on any point, the point shall be decided according to the
opinion of the majority of the members present and voting,
and in the event of equality of votes, the Chairman shall
have the second or casting vote.” ;
(viii)
after rule 137, in the Explanation, in clause (c), after
sub-clause (b), the following sub-clause shall be inserted,
namely :––
“c. any other person alleging, under sub-rule (1) of
rule 128, that a registered person has not passed on the
benefit of reduction in the rate of tax on any supply of
goods or services or the benefit of input tax credit to the
recipient by way of commensurate reduction in prices.” ;
4
The J&K Govt. Gazette, 28th March, 2018/7th Chai., 1940.
[No. 51-k
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ix)
after rule 138 D, the following Explanation shall be inserted,
with effect from the 1st of April, 2018, namely :––
“Explanation :––For the purposes of this Chapter, the
expressions ‘transported by railways’,
‘transportation of goods by railways’, ‘transport
of goods by rail’ and 'movement of goods by
rail’ does not include cases where leasing of
parcel space by Railways takes place.”.
The Notification shall come into force on the date of publication
of corresponding amendment of Central Goods and Services Tax
(Amendment) Rules, 2018 in the Central Gazette.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to Government,
Finance Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––LABOUR AND EMPLOYMENT
DEPARTMENT
Notification
Jammu, the 2nd April, 2018.
SRO-150.––In exercise of the powers conferred by section 26 of the
Payment of Wages Act, 1936, the Government of Jammu and Kashmir
hereby intends to make the following amendments in Jammu and
Kashmir Payment of Wages Rules, 1972, namely :––
1. in rule 3, for “Form XI”, the “Form XI” appended to this
notification shall be substituted ;
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Srinagar, Mon., the 2nd April, 2018/12th Chai., 1940. [No. 52-c
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
[No. 52-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. in sub-rule (1) of rule 4, for “Form I”, the “Form I” appended
to this notification shall be substituted ;
3. in rule 5, for “Form II”, the “Form I” appended to this
notification shall be substituted ;
4. in rule 6, after the words “A register of wages shall be
maintained”, the words “in Form II”, appended to this
notification shall be inserted ;
5. in rule 14, for “Form IX”, the “Form II” appended to this
notification shall be substituted ;
6. in sub-rule (3) of rule 24, for “Form III”, the “Form I”
appended to this notification shall be substituted ; and
7. Form III and Form X shall be omitted.
Now, in pursuance of sub-section (2) of section 26 of the Payment of
Wages Act, 1936, any person(s) who desire(s) to object to the aforesaid
amendments may submit his/her objections/suggestions for consideration in
writing to the Commissioner/Secretary to Government, Labour and
Employment Department, Civil Secretariat within a period of six weeks
from the date of issuance of this notification.
Any objection/suggestion received after the expiry of the said period
shall not be entertained.
By order of the Government of Jammu and Kashmir.
(Sd.) KIFAYAT HUSSAIN RIZVI, IAS,
Commissioner/Secretary to the Government,
Labour and Employment Department.
–––––––
No. 52-c] The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM I
(See rule 4, 5 & rule 24 (3))
REGISTER FOR DAMAGE/LOSS/FINE/ ADVANCE/LOANS
Factory/Industrial establishment....................................
S. No.
Name
Recovery
Particulars
Date of
Amount
Whether
Explanation
No. of
First
Last
Date of
Remarks
in
type
damage/
show
heard in
Installments
Month/ Month/
complete
Employee
(damage/
loss*
cause
presence
year
year
Recovery
register
loss/
issued*
of*
fine/
advance/
loans)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
11
12
13
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Applicable only in case of damage/loss/fine.
––––––––
4
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
[No. 52-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
FORM II
(See rule 6 & rule 14)
REGISTER OF WAGES
Name and Address of Establishment....................................................
Name and location of the work ..........................................................
.
LIN/Registration No...............................................................
.
Wage period from....................................to ..................................(Monthly/Fortnightly/Weekly/Daily/Piece Rated)
Highly Skilled
Skilled
Unskilled
Minimum Basic
DA Overtime
Overtime
S. No. in
Name
Rate of
No. of
Overtime
Basic
Special
DA
Payments
HRA
*Others
Total
Employee
Wage
Days
hours
Basic
Overtime
register
worked
worked
1
2
3
4
5
6
7
8
9
10
11
12
No. 52-c] The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Deduction
Net
Employer
Receipt
Date of
Remarks
PF
ESIC
Society
Income
Insurance
Others
Reco-
Total
Payment
Share
by
payment
veries
PF
Employee/
Tax
Welfare
Bank
Fund
Transaction
ID
13
14
15
16
17
18
19
20
21
22
23
24
25
*In case of Mines Act any Leave Wages paid should be shown in the Others Column and specifically mentioned in the
Remarks column also.
–––––––
6
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
[No. 52-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
FORM XI
(See rule 3)
ATTENDENCE REGISTER/MUSTER ROLL
Name and address of the Establishment..............................................................
Name and address of employer .........................................................................
LIN/Registration No..........................................................................................
For the period from ..................................... to .......................................
S. No. in
Name
Relay/Place of
Date
Summary/No.
No. of hours
**Signature
Employees
work*
1 2 3 4
of Days
worked with
of Register
register
...... 31
remarks
Keeper
IN
OUT
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* In case of Mines only (Underground/Opencast/Surface).
In case an employee is not present the following to be entered : (R for Rest/L for Paid Leave/A for absent/O for Weekly
Off/C for Establishment closed).
** Not necessary in case of E Form maintenance.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––LABOUR AND EMPLOYMENT
DEPARTMENT
Notification
Jammu, the 2nd April, 2018.
SRO-151.––In exercise of the powers conferred by section 30 of the
Minimum Wages Act, 1948 (XI of 1948), the Government of Jammu and
Kashmir hereby intends to make the following amendments in Jammu and
Kashmir Minimum Wages Rules, 1972, namely :––
1. in sub-rule (4) of rule 21, for “Form I and II respectively”, the
composite “Form I” appended to this notification shall be
substituted ;
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Srinagar, Mon., the 2nd April, 2018/12th Chai., 1940. [No. 52-d
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
[No. 52-d
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. in sub-rule (2) of rule 26, for “Form lV”, the “Form IV”
appended to this notification shall be substituted ;
3. in sub-rule (1) of rule 27, for “Form XII”, the “Form IV”
appended to this notification shall be substituted ;
4. in sub-rule (5) of rule 27, for “Form V”, the “Form V” appended
to this notification shall be substituted ; and
5. form II and Form XII shall be omitted.
Now, in pursuance of sub-section (1) of section 30, any person(s)
who desire(s) to object to the aforesaid amendments may submit his/her
objections/suggestions for consideration in writing to the Commissioner/
Secretary to Government, Labour and Employment Department, Civil
Secretariat within a period of six weeks from the date of issuance of this
notification.
Any objection/suggestion received after the expiry of the said period
shall not be entertained.
By order of the Government of Jammu and Kashmir.
(Sd.) KIFAYAT HUSSAIN RIZVI, IAS,
Commissioner/Secretary to the Government,
Labour and Employment Department.
–––––––
No. 52-d] The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM I
(See rule 21 (4))
REGISTER FOR DAMAGE/LOSS/FINE/ ADVANCE/LOANS
Name and address of the Establishment..............................................................
Name and address of employer .........................................................................
LIN/Registration No..........................................................................................
S. No.
Name
Recovery
Particulars
Date of
Amount
Whether
Explanation
No. of
First
Last
Date of
Remarks
in
type
damage/
show
heard in
Installments
Month/ Month/
complete
Employee
(damage/
loss*
cause
presence
year
year
Recovery
register
loss/
issued*
of*
fine/
advance/
loans)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
11
12
13
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Applicable only in case of damage/loss/fine.
––––––––
4
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
[No. 52-d
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
FORM IV
(See rule 26 (2) & 27 (1))
REGISTER OF WAGES
Name and Address of Establishment....................................................
Name and location of the work ..........................................................
.
LIN/Registration No...............................................................
.
Wage period from....................................to ..................................(Monthly/Fortnightly/Weekly/Daily/Piece Rated)
Highly Skilled
Skilled
Unskilled
Minimum Basic
DA Overtime
Overtime
S. No. in
Name
Rate of
No. of
Overtime
Basic
Special
DA
Payments
HRA
*Others
Total
Employee
Wage
days
hours
Basic
Overtime
register
worked
worked
1
2
3
4
5
6
7
8
9
10
11
12
No. 52-d] The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Deduction
Net
Employer
Receipt
Date of
Remarks
PF
ESIC
Society
Income
Insurance
Others
Reco-
Total
Payment
Share
by
payment
veries
PF
Employee/
Tax
Welfare
Bank
Fund
Transaction
ID
13
14
15
16
17
18
19
20
21
22
23
24
25
*In case of Mines Act any Leave Wages paid should be shown in the Others Column and specifically mentioned in the
Remarks column also.
–––––––
6
The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.
[No. 52-d
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
FORM V
(See rule 27 (5))
ATTENDENCE REGISTER/MUSTER ROLL
Name and address of the Establishment..............................................................
Name and address of employer .........................................................................
LIN/Registration No..........................................................................................
For the period from ..................................... to .......................................
S. No. in
Name
Relay/Place of
Date
Summary/No.
No. of hours
**Signature
Employees
work*
1 2 3 4
of Days
worked with
of Register
register
...... 31
remarks
Keeper
IN
OUT
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* In case of Mines only (Underground/Opencast/Surface).
In case an employee is not present the following to be entered : (R for Rest/L for Paid Leave/A for absent/O for Weekly
Off/C for Establishment closed).
** Not necessary in case of E Form maintenance.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Jammu, the 3rd April, 2018.
SRO-154.––In exercise of the powers conferred by clause (b) of
section 3 of the Jammu and Kashmir Grant of Permanent Resident
Certificate (Procedure) Act, 1963 (Act No. XIII of 1963), and in
supersession of all previous notifications issued in this behalf, the
Government hereby appoint Shri Reyaz Ahmed Beigh, KAS, Sub-Divisional
Magistrate (East), Srinagar to be the competent authority for the purposes
of the said Act within the territorial jurisdiction of Tehsils Khanyar and
North of District Srinagar.
By order of the Government of Jammu and Kashmir.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-g]
The J&K Govt. Gazette, 3rd April, 2018/13th Chai., 1940.
Tue.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Jammu, the 3rd April, 2018.
SRO-155.––In exercise of the powers conferred by clause (b) of
section 3 of the Jammu and Kashmir Grant of Permanent Resident
Certificate (Procedure) Act, 1963 (Act No. XIII of 1963), and in
supersession of all previous notifications issued in this behalf, the
Government hereby appoint Syed Naseer Ahmad (KAS), Sub-Divisional
Magistrate, Sumbal of District Bandipora to be the competent authority for
the purposes of the said Act within the territorial jurisdiction of Tehsils
Sumbal and Hajin of Sub-Division, Sumbal of District Bandipora.
By order of the Government of Jammu and Kashmir.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-h]
The J&K Govt. Gazette, 3rd April, 2018/13th Chai., 1940.
Tue.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Jammu, the 3rd April, 2018.
SRO-156.––In exercise of the powers conferred by clause (b) of
section 3 of the Jammu and Kashmir Grant of Permanent Resident
Certificate (Procedure) Act, 1963 (Act No. XIII of 1963), and in
supersession of all previous notifications issued in this behalf, the
Government hereby appoint Mr. Shabir Hussain Bhat, KAS, Addl. Deputy
Commissioner, Anantnag to be the competent authority for the purposes
of the said Act within the territorial jurisdiction of Tehsils Anantnag and
Shangus of District Anantnag.
By order of the Government of Jammu and Kashmir.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-i]
The J&K Govt. Gazette, 3rd April, 2018/13th Chai., 1940.
Tue.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Jammu, the 3rd April, 2018.
SRO-157.––In exercise of the powers conferred by clause (b) of
section 3 of the Jammu and Kashmir Grant of Permanent Resident
Certificate (Procedure) Act, 1963 (Act No.XIII of 1963), and in supersession
of all previous notifications issued in this behalf, the Government hereby
appoint Mr. Mehraj-ud-Din Shah, KAS, Sub-Divisional Magistrate, Kangan
to be the competent authority for the purposes of the said Act within the
territorial jurisdiction of Tehsils Kangan and Gund of District Ganderbal.
By order of the Government of Jammu and Kashmir.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-j]
The J&K Govt. Gazette, 3rd April, 2018/13th Chai., 1940.
Tue.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––SCHOOL EDUCATION DEPARTMENT
Notification
Jammu, the 3rd April, 2018.
SRO-159.––In exercise of the powers conferred by sub-section (1)
of section 12 of the Jammu and Kashmir Board of School Education
Act, 1975 (Act No. XXVIII of 1975) and in supersession of notification
SRO-330 dated 09-08-2017 or any other notification issued in this
behalf, the Govermnent hereby appoints Prof. Veena Pandita, Secretary,
JK BOSE, as Chairman, Jammu and Kashmir Board of School Education
for a period of two years from the date of issuance of this notification.
By order of the Government of Jammu and Kashmir.
(Sd.) FAROOQ AHMAD SHAH, IAS,
Secretary to the Government,
School Education Department.
EXTRAORDINARY
REGD. NO. JK—33
No. 52-l]
The J&K Govt. Gazette, 3rd April, 2018/13th Chai., 1940.
Tue.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––