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

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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

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[ No. 9

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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

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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

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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

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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

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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

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04–10

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411

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00–02

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02–15

421

min

01–17

421

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00–01

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421

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408

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min

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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

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Vol. 130] Srinagar, Mon., the 2nd April, 2018/12th Chai., 1940. [No. 52-d

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

separate compilation.

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PART III

Laws, Regulations and Rules passed thereunder.

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2

The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.

[No. 52-d

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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.

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No. 52-d] The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.

3

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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)

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1

2

3

4

5

6

7

8

9

10

11

12

13

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*Applicable only in case of damage/loss/fine.

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The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.

[No. 52-d

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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

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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.

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The J&K Govt. Gazette, 2nd April, 2018/12th Chai., 1940.

[No. 52-d

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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

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1

2

3

4

5

6

7

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* 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.

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PART I–B

Jammu and Kashmir Government––Notifications.

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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.

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PART I–B

Jammu and Kashmir Government––Notifications.

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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.

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PART I–B

Jammu and Kashmir Government––Notifications.

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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.

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PART I–B

Jammu and Kashmir Government––Notifications.

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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.

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PART I–B

Jammu and Kashmir Government––Notifications.

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