THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131]
Srinagar, Thu., the 2nd Aug., 2018/11th Srav., 1940.
[No. 18
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
212-226
393-410
35-36
283-296
73-74
101-104
212
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[ No. 18
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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. 01 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Mohd. Shafait Choudhary S/o Altaf Hussain R/o Village Badhoon, Tehsil
and District Rajouri has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the verification
of his Provisional/LL.B Degree Certificate from concerned University and
verification of his character and antecedents from CID. His name has been
entered under serial No. JK-314/2018 in the Roll of Advocate maintained
by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 02 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Mehak Fatima Malik D/o Masud Tabish Malik R/o F/198, Christian
Colony, Residency Extn., Shaheedi Chowk, Jammu has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
213
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Certificate from concerned University and verification of her character
and antecedents from CID. Her name has been entered under serial No.
JK-310/2018 in the Roll of Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 03 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Akshat Sharma S/o Nagesh Chander Sharma R/o 23/C, Bhawani
Nagar, Janipur, Jammu has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID. His
name has been entered under serial No. JK-299/2018 in the Roll of Advocate
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 04 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Aayush Deep S/o Kuldeep Kumar Pangotra R/o 4/A, Sector-7, Trikuta
Nagar, Jammu has been admitted and enrolled as an Advocate on the Rolls
of Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification of
his Provisional/LL.B Degree Certificate from concerned University and
214
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[ No. 18
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verification of his character and antecedents from CID. His name has been
entered under serial No. JK-300/2018 in the Roll of Advocate maintained
by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 05 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Aayushi Sharma D/o Narayan Sharma R/o H. No. 23, Lane No. 1,
Vivek Vihar, Paloura, Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
the verification of her Provisional/LL.B Degree Certificate from concerned
University and verification of her character and antecedents from CID.
Her name has been entered under serial No. JK-301/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
–––––––
Notification
No. 06 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Anam Fatima D/o Ali Sagar R/o H. No. 732, Rajput Ground Near
D. P. S., Shahidi Chowk, Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
215
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the verification of her Provisional/LL.B Degree Certificate from concerned
University and verification of her character and antecedents from CID.
Her name has been entered under serial No. JK-302/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 07 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Danishta Gulzar D/o Gh. Mohammad Bafanda R/o Vidday, Tehsil
Srigufwara, District Anantnag has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
the verification of her Provisional/LL.B Degree Certificate from concerned
University and verification of her character and antecedents from CID.
Her name has been entered under serial No. JK-303/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 08 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Danish Akhter D/o Gh. Mohammad Sheikh R/o Chatrasoo Budroo,
Pather Pora, Tehsil Pahalgam, District Anantnag has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from concerned University and verification of her character and
216
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[ No. 18
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antecedents from CID. Her name has been entered under serial No.
JK-304/2018 in the Roll of Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 09 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Danishta Bashir D/o Bashir Ahmed Tantry R/o Zugyar Sheeri, Tehsil
and District Baramulla has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from concerned
University and verification of her character and antecedents from CID.
Her name has been entered under serial No. JK-305/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
–––––––
Notification
No. 10 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Junaid Sultan S/o Mohd. Sultan Reshi R/o Drusoo, Near Police Lines,
Tehsil and District Pulwama has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID. His
name has been entered under serial No. JK-306/2018 in the Roll of Advocate
maintained by this Registry.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
217
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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. 12 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Kifayat Hussain Malik S/o Ghulam Mohi-ud-Din Malik R/o Khanpora,
Tehsil Khag, District Budgam has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID.
His name has been entered under serial No. JK-308/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 13 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Mufrooza Altaf D/o Mohd. Altaf Mir R/o Drangbal, Pampore,
District Pulwama has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the verification
of her Provisional/LL.B Degree Certificate from concerned University and
verification of her character and antecedents from CID. Her name has
been entered under serial No. JK-309/2018 in the Roll of Advocate
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
218
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Notification
No. 15 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Mehreen Rashid D/o Abdul Rashid Dar R/o K. K. Moulla, Shamaswari,
Tehsil Khas, District Srinagar has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
the verification of her Provisional/LL.B Degree Certificate from concerned
University and verification of her character and antecedents from CID.
Her name has been entered under serial No. JK-312/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 16 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Mehraj-ud-Din S/o Muhammad Shafi Chopan R/o Brinty Batpora,
Dialgam, Usman Colony, Anantnag has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
the verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID.
His name has been entered under serial No. JK-313/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 17 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Naveed Amad Mir S/o Fayaz Ahmad Mir R/o Sallar, Mir Mohalla,
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
219
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Pahalgam, Anantnag has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the verification
of his Provisional/LL.B Degree Certificate from concerned University and
verification of his character and antecedents from CID. His name has
been entered under serial No. JK-315/2018 in the Roll of Advocate
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 18 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Rohi Bashir D/o Bashir Ahmad Bhat R/o Deavdragar, Tehsil Tangmarg,
District Baramulla has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the verification
of her Provisional/LL.B Degree Certificate from concerned University
and verification of her character and antecedents from CID. Her name
has been entered under serial No. JK-316/2018 in the Roll of Advocate
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
–––––––
Notification
No. 19 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Razat Sudan S/o Suraj Parkash Sharma R/o H. No. 11, Lane-6,
Gopinath Vihar, Udheywalla, Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for
a period of one year from the date of issuance of this notification, subject to
220
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[ No. 18
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the verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID.
His name has been entered under serial No. JK-317/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 20 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Sharad Sharma S/o Suman Kishore Sharma R/o H. No. 15, Ward
No. 13, Akhiyar Abad, Tehsil and District Kishtwar has been admitted
and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from concerned University and verification of his character
and antecedents from CID. His name has been entered under serial
No. JK-318/2018 in the Roll of Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 22 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Sheikh Mudasir Amin S/o Sheikh Mohd. Amin R/o Village Sadiwara,
Dooru, District Anantnag has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
221
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His name has been entered under serial No. JK-320/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––
Notification
No. 23 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Suhail Ahmad Dar S/o Gh. Mohamad Dar R/o Supernaghama,
Dar Mohalla, Tehsil Kralgund, District Kupwara has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from concerned University and verification of his character
and antecedents from CID. His name has been entered under serial
No. JK-321/2018 in the Roll of Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––
Notification
No. 24 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Sadaf Shabir D/o Shabir Ahmad Shah R/o Pethzanigam, Beerwah,
District Budgam has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the verification
of her Provisional/LL.B Degree Certificate from concerned University
and verification of her character and antecedents from CID. Her name
has been entered under serial No. JK-322/2018 in the Roll of Advocate
maintained by this Registry.
222
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[ No. 18
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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. 25 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Syed Mansoor Bukhari S/o Syed Ashaq Hussain Bukhari R/o H. No. 27,
W. No. 2, Yatoo Mohalla, Shivpora, Srinagar has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from concerned University and verification of his character
and antecedents from CID. His name has been entered under serial
No. JK-323/2018 in the Roll of Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––
Notification
No. 26 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Saima Yaseen D/o Mohd. Yaseen Wani R/o Dardpora, Baramulla has
been admitted and enrolled as an Advocate on the Rolls of Jammu and
Kashmir Bar Council provisionally for a period of one year from the date of
issuance of this notification, subject to the verification of her Provisional/
LL.B Degree Certificate from concerned University and verification of her
character and antecedents from CID. Her name has been entered
under serial No. JK-324/2018 in the Roll of Advocate maintained by this
Registry.
No. 18]
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223
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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. 27 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Syed Shaziya Lateef D/o Syed Lateef Fazily R/o Sofnaman (Aglar),
Shopian has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification of
her Provisional/LL.B Degree Certificate from concerned University and
verification of her character and antecedents from CID. Her name has
been entered under serial No. JK-325/2018 in the Roll of Advocate
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––
Notification
No. 28 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Ms. Upasana Kalgotra D/o Jagdish Raj Kalgotra R/o H. No. 68, Ward
No. 1, Bishnah, Jammu has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from concerned
University and verification of her character and antecedents from CID.
Her name has been entered under serial No. JK-326/2018 in the Roll of
Advocate maintained by this Registry.
224
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[ No. 18
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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. 29 Dated 05-04-2018.
It is hereby notified that vide High Court order dated 27-03-2018
Mr. Vikram Singh Chib S/o Ranbir Singh R/o Village Dab Ditta, Jhiri,
Tehsil Marh, District Jammu has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from concerned
University and verification of his character and antecedents from CID.
His name has been entered under serial No. JK-327/2018 in the Roll of
Advocate maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
(Sd.) AFTAB AHMED,
Deputy Registrar.
––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.
Notification
No. 1990 Dated 31-03-2018.
Subject :–– 1. Order Dated 24-11-2017 passed by Hon’ble Supreme
Court in Transferred Case (Civil) No.126 of 2015 titled
Ajayinder Sanghawan Vs. Bar Council of Delhi and Ors.
2. Minutes of Fourth Meeting of the Central Verification
Committee of the Bar Council of India held on Sunday, the
No. 18]
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12th November, 2017 at 10.30 A. M. in the premises of
Bar Council of India, New Delhi.
––––––
Whereas, Central Verification Committee of the Bar Council of India
in its Fourth Meeting held on 12-11-2017 at New Delhi has resolved as
under :––
“It is also stated therein that almost every State, quite large number
of advocates, particularly seniors did not submit their verification
forms for issuance of certificate of practice and the State Bar
Council are not receiving applications after the date stipulated by
the Hon’ble Supreme Court of India. After discussing the matter
at some length, they are of the view that the date stipulated by the
Hon’ble Supreme Court of India is only with reference to
preparation of voters list for the respective State Bar Councils and
there is no prohibition as such for receiving verification forms
subsequent to the said date for the simple purpose of obtaining
certificate of practice and identity cards. The advocates who submit
the verification forms beyond the stipulated date may not be able
to vote in the election to the Bar Council unless of course, the
Hon’ble Supreme Court of India permits them”.
“15. Exemption for Advocates enrolled before 1-1-1976 :–
The Bar Council of India, however, keeping in view the
difficulties of old advocates who are in practice for 40 years
or more [i. e. those enrolled prior to 1-1-1976] waives this
condition and exempts the production of certificates
along with the verification form. However, they will also be
required to submit the copy of their enrolment certificate
along with their verification forms.
But all those Advocates who have obtained their law degrees
on or after 1st January, 1976 shall have to produce the
required certificates i. e. Matriculation, Graduation/LL.B.
226
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There can be no compromise so far the production of
enrolment certificates from the concerned State Bar
Councils is concerned even for those who were enrolled prior
to 1-1-1976”.
Therefore, all the concerned Advocates enrolled on the roll of J&K
State Bar Council, who have submitted their Verification Forms in terms
of Bar Council of India Certificate and Place of Practice (Verification)
Rules, 2015 and pursuant to the Notification No. 512 dated 21-07-2016 of
Hon’ble High Court of Jammu and Kashmir, are informed as under :––
(i) to make the deficiencies good as per the Annexure-A and
submit the self-attested copies of enrolment certificates,
Matriculation/LLB Degree, if they have not submitted the same,
along with their verification Forms, before the concerned
Principal District and Sessions Judge and Registrar Judicial,
High Court Wing, Srinagar/Jammu within a period of 15 days
from the date of publication of this Notice in the Newspaper.
(ii) Moreover, those of advocates enrolled on the roll of J&K State
Bar Council, who have not submitted their verification forms
in terms of Bar Council of India Certificate and Place of
Practice (Verification) Rules, 2015, are hereby directed to submit
the same before Principal District and Sessions Judge concerned
and Registrar Judicial, High Court of Wing, Srinagar/Jammu
respectively along with requisite documents viz. self-attested
copies of Enrolment Certificates, Matriculation/LL.B
Degrees along with fee by way of Demand Draft of Rs. 200/-
(100+100 Late fee) each in the name of Secretary, J&K State
Bar Council, within fifteen days from the date of issue of the
notice in the Newspaper.
By Order.
(Sd.) SANJAY DHAR,
Registrar General.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Srinagar, Thu., the 2nd Aug., 2018/11th Srav., 1940.
[No.18
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. 128-Rev (LAJ) of 2018
Dated 06-03-2018.
Whereas, the land specifications whereof are given in
Annexure-“A” to this notification is required for public purpose
viz. for construction of road from Kajra to Bandi Chechian in Village
Bandi Chechian, Tehsil Haveli, District Poonch by PWD (NABARD) ;
Whereas, on the basis of an indent placed by Executive
Engineer, PWD(R&B) Division, Poonch vide No. R&B/Camp/3515-16
394 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
dated 11-08-2017, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Poonch vide No. DCP/LA/1049-56
dated 07-10-2017 for land measuring 68 Kanals 08 Marlas and 05 Sirsai
situated in Village Bandi Chechian, Tehsil Haveli, District Poonch ;
Whereas, the District Collector (DC), Poonch vide No. DCP/
LA/1488 dated 19-01-2018 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 District Collector (DC),
Poonch vide No. referred above has been examined and it has been
found that the land owners did not file any objection to the proposed
acquisition ;
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 Kajra to Bandi
Chechian in Village Bandi Chechian, Tehsil Haveli, District Poonch
by PWD (NABARD).
Now, therefore, in pursuance of section 6 of the J&K State
Land Acquisition Act, Samvat 1990, it is declared that land
measuring 68 Kanals 08 Marlas and 05 Sirsai situated in Village Bandi
Chechian, Tehsil Haveli, District Poonch, particulars whereof are
given in Annexure-“A” to this notification is required for public
purposes viz. for construction of road from Kajra to Bandi Chechian
by PWD (NABARD). Further, the Collector, Land Acquisition (ACR),
Poonch is directed under section 7 of the said Act to take order for
acquisition of the said land after giving prescribed notice to the
interested person(s) as required under the Land Acquisition Act/Rules.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
395
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
––––––––
Annexure “A”
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Poonch
Haveli
Bandi Chechian
1330
00–08–08
1331
02–09–08
1332
00–10–05
1333
00–08–00
1334
02–02–02
1335
02–08–01
1336
01–02–03
1337
01–17–01
1326
00–01–05
396 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
1325
02–00–02
1326/1
00–04–00
1316
02–15–00
1300
01–06–06
1135
04–02–05
1130
01–00–00
1131
01–03–08
1281
00–04–00
1298
03–02–08
1299
00–03–02
1297
01–00–00
1108
min 00–14–06
1142
02–07–00
1140
00–03–04
1143
00–03–00
1146
03–00–04
1135/1
00–19–05
1079
min 02–08–02
1079
min 03–15–07
814
00–13–00
965
min 01–16–06
834
00–09–04
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
397
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
818
00–07–07
794
00–03–03
777/1
00–01–05
821
00–02–06
824
00–17–03
833
00–12–02
774/1
00–07–03
780
00–14–06
790
01–11–02
774
00–07–00
765
01–00–02
766
01–01–06
823
00–12–07
815
00–15–03
837
00–01–05
873
min 00–08–00
838
01–14–02
778
01–00–08
776
00–06–01
1342
00–19–00
1343
02–13–04
1338
01–04–04
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
398 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
1340
min 02–12–00
1340
min 01–04–00
1334/1
00–17–03
777
00–00–02
781
00–03–01
791
01–01–00
963
min 00–01–06
964
00–00–02
1144
00–01–03
1109
00–01–00
–––––––
Total
48–08–05
–––––––
––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 129-Rev (LAJ) of 2018
Dated 07-03-2018.
Whereas, the land specifications whereof are given in
Annexure-“A” to this notification is required for public purpose
viz. for construction of road from Dumbar to Hawal in Village Chatroo,
Tehsil Chatroo, District Kishtwar under PMGSY ;
Whereas, on the basis of an indent placed by Chief
Engineer, PMGSY (JKRRDA) vide No. CEJ/PMGSY/9626-28
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
399
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
dated 19-08-2017, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Kishtwar vide No. ACR/LA/2016/
2029-35 dated 20-07-2010 for land measuring 62 Kanals and 16 Marlas
situated in Village Chatroo, Tehsil Chatroo, District Kishtwar ;
Whereas, the Collector, Land Acquisition (SDM), Chatroo vide
No. SDM/C/LA/17/103-106 dated 01-01-2018 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), Chatroo vide No. referred to above duly endorsed by the
District Collector (DC), Kisthwar vide No. DCK/LA/2017/686-90 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 ;
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 Dumbar to Hawal
in Village Chatroo, Tehsil Chatroo, District Kishtwar 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 62 Kanals and 16 Marlas situated in Village Chatroo,
Tehsil Chatroo, District Kishtwar, particulars whereof are given in
Annexure-“A” to this notification is required for public purposes
viz. for construction of road from Dumbar to Hawal under PMGSY.
Further, the Collector, Land Acquisition (ACR), Kishtwar is directed
under section 7 of the said Act to take order for acquisition of the
said land after giving prescribed notice to the interested person(s) as
required under the Land Acquisition Act/Rules.
Now, in pursuance of section 17 of the Land Acquisition Act,
Samvat 1990, it is ordered that on expiry of fifteen days from the
400 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
publication of the notification under section 9 (2) of the said Act, the
Collector will take posseession of the aforementioned land in Village
Chhatroo, Tehsil Chhatroo, District Kishtwar 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 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 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.
––––––––
Annexure “A”
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kishtwar
Chatroo
Chatroo
3187/794
min
02–03
3187/794
min
00–07
3187/794
min
01–03
4007/776
min
01–01
4007/776
min
02–06
4007/776
min
02–13
4007/776
min
00–09
4007/776
min
01–06
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
401
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
4007/776
min
01–19
4007/776
min
00–18
799
min
01–07
799
min
01–16
774
min
00–18
774
min
01–18
774
min
02–03
666
min
00–19
656
min
01–05
667
min
00–07
667
min
00–09
667
min
01–16
669
min
00–09
669
min
00–04
670
min
00–05
673
min
00–14
672
min
00–02
674
min
01–03
756
min
00–10
756
min
01–01
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
402 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
756
min
00–05
756
min
00–07
756
min
00–11
764
min
00–12
764
min
00–09
771
min
02–17
771
min
00–12
771
min
00–08
771
min
00–11
771
min
00–11
767
min
00–11
767
min
00–14
768
min
01–08
3760/3176/730
min
00–04
3760/3176/730
min
00–04
3761/3176/730
min
00–12
3758/3176/730
min
02–02
729
min
00–08
729
min
00–16
728
min
00–02
675
min
00–07
675
min
00–15
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
403
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
675
min
00–06
675
min
00–08
675
min
00–06
678
min
00–12
678
min
00–12
678
min
01–00
680
min
01–04
680
min
00–01
680
min
03–13
682
min
01–11
691
min
00–16
691
min
01–01
697
min
00–11
697
min
01–04
723
min
00–15
723
min
00–07
725
min
00–14
725
min
00–18
––––
Total
62–16
––––
––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
404 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 123-Rev (LAJ) of 2018
Dated 06-03-2018.
Whereas, the land specifications whereof are given in
Annexure-“A” to this notification is required for public purpose
viz. for construction of road from Lower Birshalla to Upper Birshalla
in Village Birshalla, Tehsil and District Doda by PW(R&B)
Department ;
Whereas, on the basis of an indent placed by Executive
Engineer, PW(R&B) Division, Doda vide No. 7158-61 dated
21-01-2016, a notification under section 4 (1) was issued by Collector,
Land Acquisition (ACR), Doda vide No. 46-52/ACQ dated 18-04-2016
for land measuring 58 Kanals and 02 Marlas situated in Village Birshalla,
Tehsil and District Doda ;
Whereas, the Collector, Land Acquisition (ACR), Doda
vide No. 1579-83/Acq dated 17-01-2018 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 (ACR), Doda vide referred above duly endorsed by Deputy
Commissioner, Doda vide No. 606/LAC/D/17 dated 10-01-2018 has
been examined and it has been found that the land owners did not file
any objection to the proposed acquisition ;
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 Lower Birshalla to
Upper Birshalla in Village Birshalla, Tehsil and District Doda by
PW(R&B) Department.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
405
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Now, therefore, in pursuance of section 6 of the J&K State
Land Acquisition Act, Samvat 1990, it is declared that land
measuring 58 Kanals and 02 Marlas situated in Village Birshalla,
Tehsil and District Doda, particulars whereof are given in
Annexure-“A” to this notification is required for public purposes
viz. for construction of road from Lower Birshalla to Upper Birshalla
in Village Birshalla, Tehsil and District Doda by PW(R&B)
Department. Further, the Collector, Land Acquisition (ACR), Doda 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 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.
––––––––
Annexure “A”
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda
Doda
Birshalla
994/859/387/1
00–14
1252/219
01–07
406 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
1196/222 min 02–01
1199/222
01–01
1197/222
00–05
1198/222
00–13
1125/934/738/386
02–01
734/212
01–02
1199/222
00–09
1125/934/738/386
00–10
129 min 00–12
732/13 min 01–00
129/1 min 00–05
731/130
00–13
732/130
00–12
734/212
02–05
733/212
00–08
216 min 01–18
1252/219
02–10
213
01–00
734/212 min 00–01
734/212 min 00–10
1197/222
00–10
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
407
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
734/212
00–05
734/212
00–02
733/212
00–07
1198/222
00–05
733/212
00–05
221
00–18
733/212
00–06
218 min 00–19
218 min 01–10
1196/222
00–09
1198/222
00–10
136
00–10
136
02–02
136
01–10
155 min 02–01
169 min 01–04
935/179
01–10
186 min 01–00
154
01–07
193 min 01–15
193 min 00–13
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
408 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
155 min 01–10
155 min 01–01
1108/148
00–03
173 min 01–10
1108/148
01–01
133
01–11
133
01–00
155
01–00
155
01–03
161
02–11
160
01–07
173
00–13
175
01–10
186 min 00–07
––––
Total 58–02
––––
––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 18]
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
409
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 107-Rev (LAJ) of 2018
Dated 21-02-2018.
Whereas, the land specifications whereof are given below is
required for public purpose viz. for construction of Changa Samie road in
Village Thaloran, Tehsil Bhalessa (Gandoh), District Doda ;
Particulars of land
District
Tehsil
Village
Khasra
Area
Nos.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda
Bhalessa
Thaloran
358 min
00–03
(Gandoh)
357 min
00–06
355 min
00–06
366 min
00–06
494/367 min
00–15
495/367 min
00–15
––––
Total 02–11
––––
Whereas, on the basis of an indent prepared by Executive
Engineer, PMGSY, Thathri vide No. PMGSY/D/T/1165-69 dated
25-02-2012 duly confirmed by Chief Engineer, PMGSY, JKRRDA,
Jammu vide No. CEJ/PMGSY/J/9792-94 dated 12-08-2017,
a notification under section 4 (1) was issued by Collector, Land
Acquisition (SDM), Gandoh vide No. 504-10 dated 30-11-2016 for land
measuring 02 Kanals and 11 Marlas situated in Village Thaloran, Tehsil
Bhalessa (Gandoh), District Doda ;
Whereas, the Collector, Land Acquisition (SDM), Gandoh 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
410 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. [No. 18
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
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), Gandoh vide No. 466-67/LAC dated 04-01-2018 above
referred letter duly endorsed by District Collector (DC), Doda vide
No. 561/LAC/D/17 dated 12-01-2018 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
whereof are given above is required for public purpose viz. construction of
Changa Samie road in Village Thaloran, Tehsil Bhalessa (Gandoh), 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 02 Kanals and 11 Marlas situated in Village Thaloran, Tehsil
Bhalessa (Gandoh), District Doda, particulars whereof are given above
is required for public purpose viz. for construction of Changa Samie road
in Village Thaloran, Tehsil Bhalessa (Gandoh), District Doda. Further, the
Collector, Land Acquisition (SDM), 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 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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Thu., the 2nd Aug., 2018/11th Srav., 1940.
[ No. 18
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 :–– Handing over and Taking over the charge of Deputy
Commissioner, Jammu.
––––––
In compliance to the Government Order No. 1088-GAD
dated 03-07-2018, issued under endorsement No. GAD (Ser)
Gen/30/2018-I dated 03-07-2018, we the undersigned have handed over
and taken over the charge of the post of Deputy Commissioner, Jammu
today on 04-07-2018 AN.
(Sd.) KUMAR RAJEEV RANJAN, IAS,
Deputy Commissioner, Jammu.
Relieved Officer.
(Sd.) RAMESH KUMAR, IAS,
Deputy Commissioner, Jammu.
Relieving Officer.
––––––
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
36
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No. 18
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
In pursuance to Government Order No. 514-GAD of 2018
dated 26-03-2018, issued under endorsement No. GAD (Ser)
Genl/77/2011-II dated 26-03-2018, I hereby assume the charge of
Deputy Commissioner, Poonch today on 2nd of April, 2018 (FN).
(Sd.) MOHAMMAD AIJAZ, IAS,
Deputy Commissioner,
Poonch.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Srinagar, Thu., the 2nd Aug., 2018/11th Srav., 1940. [No.18
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART II—B
Notifications, Notices and Orders by Heads of Departments.
—–——–
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSISTANT COMMISSIONER, REVENUE), REASI.
Final Award
Sub :– Acquisition of land measuring 01 Kanal 08 Marlas falling under
Khasra No. 895 min in Village Laiter, Tehsil Pouni for the erection
of 400 KV D/C Jallandhar-Samba-Amargarh Transmission line
tower.
–––––––––
On the placement of indent by Chief Engineer, System and
Operation Wing, 220 KV Grid Station Complex, Narwal Bala Gladni
284 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Jammu bearing No. CE/S&O/J/T-81/7451-55 dated 26-10-2016, land
acquisition proceedings have been initiated for land measuring 01
Kanal 08 Marlas situated in Village Laiter, Tehsil Pouni under the
provisions of Land Acquisition Act, 1990 BK and rules made
thereunder for the erection of tower location No. AP-112 by issuing
notification under section 4 (1) of the Act vide No. ACR/Reasi/
2016-17/506-13/R dated 27-10-2016 and was served upon the land
owners/interested persons and Indenting Department, who were asked
to file their objections, if any within 15 days from the date of issuance
of the said notification. No. objection was received by this Collectorate
in response to said notification.
The indenting department, in the above mentioned indent, has
requested this Collectorate to acquire the said land under PNC mode
as the same is urgently needed for the public purpose i. e. erection
of Transmission line towers. Accordingly, the case was placed in the
Collectors, meeting held on 27-12-2016 under the Chairmanship of
District Collector Reasi.
Principle of Compensation Under PNC Mode
The Tehsildar Pouni vide his office letter No. 326/Teh/P/OQ
dated 21-11-2016 has submitted that no sale deed mutation has been
attested during the last three years in Village Laiter and hence
average sale deed rate could not be worked out. However, the
average sale deed rate for the mutation attested during the year 2013
has been worked out to the tune of Rs. 86,103/- per kanal and
recommended present market rate in the village to the tune of
Rs. 2,50,000/-. The Stamp Duty rate for the year 2016-17 for the
said village are Rs. 1,60,500/- per kanal for irrigated, Rs. 1,50,000/-
for unirrigated and Rs. 3,05,000/- for small pieces of land. On
the basis of market rate recommended by Tehsildar Pouni and
Stamp Duty rates, the Collector concerned recommended a rate of
Rs. 2,50, 000/- per kanal for approval the Collectors meeting under
PNC mode irrespective of classification of kind of soil.
Thereafter, the case of land acquisition was placed in Collectors
meeting held on 27-12-2016 under the Chairmanship of District
Collector Reasi in which Executive Engineer, S&O, PDD, Jammu
on behalf of indenting department and land owners were present.
No. 18] The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. 285
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
The land owners demanded exorbitant rate on the pretext that even
though only small plece of land is being acquired for installation of
towers but the land that has actually been rendered less useful under
the corridor of transmission line is much more in quantum. The
proposed rate of land compensation and rate demanded by the land
owners were discussed in the said meeting and after thorough
negotiation with the land owners and indenting department, the
committee finally approved a rate of Rs. 4,00,000/- (Rupess four lakh
only) per kanal irrespective of classification of kind of soil for which
land owners also expressed their willingness.
Specification/apportionment of the land under acquisition is as
under :–
Tower
Name of
Name
Khasra Areas
Kind
Rate
Land
location
owners
of
No
.(K-M)
of
of
com-
No. &
culti-
suil
land
pensa-
Name
vators
com-
tion
of
pensa-
(in
Village
tion
lacs)
(in
lacs)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
AP-112
Krishan
Self
895 min 01–08
W-1
Rs. 4.00 Rs. 5.60
in Village
Lal,
Culti-
Laiter,
Madan
vation of
Tehsil
Lal,
Krishan
Pouni
Romesh
Lal,
sons,
Madan
Smt. Kanta Lal, in
Devi,
Romesh
Chanchalo
co-sharers
Devi,
in equal
Sheelo
share.
Devi, Neta
Devi
daughters,
Smt. Rakhi
Wd/o Mali
Brahaman
R/o Deh
in equal
share
286 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Approval of rates of land compensation and sanction of awarded
amount has been obtained from District Collector (Deputy Commissioner),
Reasi vide No. DC/Rsi/17-18/1243-46/SQ dated 16-02-2018 and same
is conveyed to this Collectorate.
On the basis of the apportionment, the land compensation is
worked out as under :–
1.
Land compensation for land
Rs. 5.60 lakhs
measuring 01 Kanal 08 Marlas
@ Rs. 4.00 lakhs PK irrespecctive
of classification of kind of soil
2.
Administrative charges @ 0.5%
Rs. 2800/-
G. Total
Rs. 5,62,800/-
The requistite certificates are recorded as under :
1.
The land is needed for public purpose i. e. erection of 400
KV D/C Jallandhar-Samba-Amargarh Transmission line tower
in Village Laiter, Tehsil Pouni.
2.
That the adequate funds are available with this Collectorate.
3.
That no compensation has been paid in respect of the land
under acquisition earlier.
4.
That the Shajra Khasra of the land has been authenticated
by the indenting department as token of its correctness.
5.
That the land compensation will be paid in accordance with
the provisions of Agrarian Reforms Act, 1976.
6.
That the land under acquisition is free from all encumbrances.
7.
The Shajra/Aks prepared in the instant case is in accordance
with the spot position and field book.
8.
That no Evacuee property/Augaf property/Dharmarth/Forest
land is involved in the instant case of land acquisition.
No. 18] The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. 287
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
9.
It is also certified that the land compensation payable to the
owners/interested persons as shown in the apportionment
statement shall be tendered in accordance with the provisions
of Agrarian Reforms Act, 1976 and guidelines given in the
Circular issued by the Revenue Department under No. (LB)-
10/80 dated 23-03-1980.
Therefore, I, Harbans Lal, KAS, Collector, Land Acquisition
(Assistant Commissioner Revenue), Reasi, in exercise of powers
vested in me under J&K Land Acquisition Act, 1990 BK, hereby issue
the Final award for an amount of Rs. 5,62,800/- (Rupess five lakhs
sixty two thousand and eight hundred only) for the land measuring
01 Kanal 08 Marlas in Village Laiter, Tehsil Pouni, District Reasi
for public purpose i. e. erection of 400KV D/C Jallandhar-Samba-
Amargarh Treansmission line tower in Village Laiter, Tehsil Pouni.
(Sd.) HARBANS LAL, KAS,
Collector, Land Acquisition
(Assistant Commissioner Revenue),
Reasi.
–––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSISTANT COMMISSIONER, REVENUE), REASI.
Final Award
Sub :– Acquisition of land measuring 03 Kanals 13 Marlas 6 Sarsai
falling under Khasra No. 69 min (01K-04M), 110/71 min
(00K-19M-5S) and 76 min (01K-10M-1S) in Village Kalakote,
Tehsil Pouni for the erection of 400 KV D/C Jallandhar-Samba-
Amargarh Transmission line towers.
–––––––––
On the placement of indent by Chief Engineer, System and
Operation Wing, 220 KV Grid Station Complex, Narwal Bala Gladni
Jammu bearing No. CE/S&O/J/T-81/7451-55 dated 26-10-2016, land
288 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
acuisition proceedings have been initiated for land measuring
03 Kanals, 13 Marlas 6 Sarsai situated in Village Kalakote, Tehsil
Pouni under the provisions of Land Acquisition Act, 1990 BK and
rules made thereunder for the erection of tower location No. 144,
145 and 146 by issuing notification under section 4 (1) of the Act
vide No. ACR/Reasi/16-17/506-13/R dated 27-10-2016 and was
served upon the land owners/interested persons and Indenting Department,
who were asked to file their objections, if any within 15 days from
the date of issuance of the said notification. No. objection was
received by this Collectorate in response to said notification.
The indenting department, in the above mentioned indent, has
requested this Collectorate to acquire the said land under PNC mode
as the same is urgently needed for the public purpose i. e. erection
of Transmission line towers. Accordingly, the case was placed in the
Collectors meeting held on 27-12-2016 under the Chairmanship of
District Collector, Reasi.
Principle of Compensation Under PNC Mode
The Tehsildar Pouni vide his office letter No. 326/Teh/P/OQ
dated 21-11-2016 has submitted that no sale deed mutation has been
attested during the last three years in Village Kalakote and hence
average sale deed rate could not be worked out and recommended
present market rate in the village to the tune of Rs. 50,000/-.
The Stamp Duty rate for the year 2016-17 for the said village are
Rs. 52,500/- per kanal for irrigated, Rs. 38,500/- for unirrigated and
Rs. 60,200/- for small pieces of land. On the basis of market rate
recommended by Tehsildar Pouni and Stamp Duty rates, the Collector
concerned recommended a rate of Rs. 50, 000/- per kanal for approval
in the Collectors meeting under PNC mode irrespective of classification
of kind of soil.
Thereafter, the case of land acquisition was placed in Collectors
meeting held on 27-12-2016 under the Chairmanship of District
Collector, Reasi in which Executive Engineer, S&O, PDD, Jammu
on behalf of indenting department and land owners were present. The
land owners demanded exorbitant rate on the pretext that even though
only small plece of land is being acquired for installation of towers
but the land that has actually been rendered less useful under the
No. 18] The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. 289
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
corridor of transmission line is much more in quantum. The proposed
rate of land compensation and rate demanded by the land owners
were discussed in the said meeting and after thorough negotiation
with the land owners and indenting department, the committee finally
approved a rate of Rs. 3,00,000/- (Rupess three lakh only) per kanal
irrespective of classification of kind of soil for which land owners
also expressed their willingness.
Specification/apportionment of the land under acquisition is as
under :–
Tower
Name
Name
Name
Khasra
Areas
Kind
Rate
Land
locat-
of
of
of
No.
(K–M–S)
of
of
com-
ion
owners
culti-
occup-
soil
land
pensa-
No.
vators
atns
com-
tion
pensa-
(in
tion
lacs)
(in
lacs)
PK
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––-–
144
Bashir,
Self
Bashir
69 min 01–04–00 W-1
Rs. 3.00
Rs. 3.60
Yousaf
Culti-
and
Ss/o
vation
ors
Chedia
owners.
Bakarwal
R/o Deh
145
Sham Lal
Self
Sham
110/71 min 00–19–05 W-1
Rs. 3.00
Rs. 2.93
son, Mst.
Culti-
Lal
Shakuntla
vation
co-
Devi,
sharer.
Santosh
Devi,
Neelam
Kumari
daughters,
Mst.
Koushalya
Devi Wd/o
Mansa
Ram
Brahaman
R/o Deh
in equal
share
290 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
146
Indru
Self
Krishan
76 min 01-10-01
W-1
Rs. 3.00 Rs. 4.5166
Ram
Culti-
Lal
S/o Ram
vation
co-sharer.
Chand,
Indru
Kali Dass
Ram
S/o
2 share,
Krishan
Krishan
Lal S/o
Lal
Nikka in
through
equal
Rakesh
share
Kumar,
Brahaman
Kewal
R/o Deh
Kumar
sons
1 share
in equal
co-sharers.
Approval of rates of land compensation and sanction of awarded
amount has been obtained from District Collector (Deputy Commissioner),
Reasi vide No. DC/Rsi/17-18/1239-42/SQ dated 16-02-2018 and same
is conveyed to this Collectorate.
On the basis of the apportionment, the land compensation is
worked out as under :
1.
Land compensation for land
Rs. 11.05 lakhs
measuring 03 Kanals 13 Marlas
6 Sarsai @ Rs. 3.00 lakhs
PK irrespective of classification
of kind of soil
2.
Administrative charges @ 0.5%
Rs. 5525/-
G. Total
Rs. 11,10,525/-
The requistite certificates are recorded as under :
1.
The land is needed for public purpose i. e. erection of 400
KV D/C Jallandhar-Samba-Amargarh Transmission line tower
in Village Kalakote, Tehsil Pouni.
1
2
3
4
5
6
7
8
9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––-–
No. 18] The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. 291
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
2.
That the adequate funds are available with this Collectorate.
3.
That no compensation has been paid in respect of the land
under acquisition earlier.
4.
That the Shajra Khasra of the land has been authenticated
by the indenting department as token of its correctness.
5.
That the land compensation will be paid in accordance with
the provisions of Agrarian Reforms Act, 1976.
6.
That the land under acquisition is free from all encumbrances.
7.
The Shajra Khasra/Aks prepared in the instant case is in
accordance with the spot position and field book.
8.
That no Evacuee property/Auqaf property/Dharmarth/Forest
land is involved in the instant case of land acquisition.
9.
It is also certified that the land compensation payable to the
owners/interested persons as shown in the apportionment
statement shall be tendered in accordance with the provisions
of Agrarian Reforms Act, 1976 and guidelines given in the
Circular issued by the Revenue Department under No. (LB)-
10/80 dated 23-03-1980.
Therefore, I, Harbans Lal, KAS, Collector, Land Acquisition
(Assistant Commissioner Revenue), Reasi, in exercise of powers
vested in me under J&K Land Acquisition Act, 1990 BK, hereby issue
the Final award for an amount of Rs. 11,10,525/- (Rupess eleven
lakhs ten thousand five hundred and twenty five only) for the land
measuring 03 Kanals 13 Marlas 6 Sarsai in Village Kalakote, Tehsil
Pouni, District Reasi for public purpose i. e. erection of 400 KV
D/C Jallandhar-Samba-Amargarh Transmission line tower in Village
Kalakote, Tehsil Pouni for PDD.
(Sd.) HARBANS LAL, KAS,
Collector, Land Acquisition
(Assistant Commissioner Revenue),
Reasi.
–––––––––
292 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSISTANT COMMISSIONER, REVENUE), REASI.
Notification
Sub :– Notification under section 4 (1) of Land Acquisition Act, 1990 BK
for acquisition of private land measuring 02 Kanals 16 Marlas for
construction of road from Dadar Morh to Kalah at Village Poura
Jagir, Tehsil Pouni, District Reasi under PMGSY Phase-X,
Package No. JK14-429, Block Pouni, Length=4.450 Kms.
–––––––––
In exercise of the powers vested in me under sub-section (1)
of section 4 of the Land Acquisition Act, 1990 BK, I, Harbans Lal,
KAS, Collector, Land Acquisition (Assistant Commissioner Revenue),
Reasi do hereby notify the land, particulars of which are given
below, which is likely to be needed for the public purposes i.e.
“construction of road from Dadar Morh to Kalah at Village Poura
Jagir”, Tehsil Pouni, District Reasi under PMGSY Phase-X, Package
No. JK14-429, Block Pouni, Length=4.450 Kms.
Objections, if any, to the acquisition of the said land shall be
received by the undersigned either individually/personally or through
authorized agent within 15 days from the date of issuance of this
notification in my office at Deputy Commissioner Office Complex,
Reasi :–
Specification of land
District
Tehsil
Village
Kh. No.
Area
–––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Reasi
Pouni
Poura Jagir
47 min 02–16
–––––
G. Total
02–16
–––––
Note :– The land under acquisition has been measured in local kanals.
(Sd.) HARBANS LAL, KAS,
Collector, Land Acquisition,
Assistant Commissioner (Revenue),
Reasi.
–––––––––
No. 18] The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. 293
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
SHER-I-KASHMIR INSTITUTE OF MEDICAL SCIENCES
SOURA, SRINAGAR.
Sub :– Re-constitution of Aprical Selection Committee SKIMS :
Modification thereof.
Reference :–
i. Government Order No.24-SKIMS of 2016 dated
September 01, 2016.
ii. Approval of Hon’ble Chief Minister (Chairperson
Governing Body, SKIMS) dated 11-06-2018.
–––––––––
Government Order No. 52-SKIMS of 2018
Dated, June 13, 2018.
In partial modification to Government Order No. 24-SKIMS
of 2016 dated September 01, 2016, Director, All India Institute of
Medical Sciences (AIIMS), New Delhi or his representative of the
status of Prof. and Head is nominated as Member of the Apical
Selection Committee, SKIMS, in place of Prof. M. S. Khuroo, former
Director and Dean SKIMS, Soura, (Vice-Chairman) Apical Selection
Committee, SKIMS.
By order of the Government of Jammu and Kashmir.
(Sd.) PROF. OMAR JAVED SHAH,
Director, SKIMS and Ex-Officio,
Secretary to Government.
–––––––––
294 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR,
SHER-I-KASHMIR INSTITUTE OF MEDICAL SCIENCES
SOURA, SRINAGAR.
Sub :– Re-constitution of Governing Body, SKIMS : Modification
thereof.
Reference :–
i. Government Order No.26-SKIMS of 2016 dated
September 01, 2016.
ii. Approval of Hon’ble Chief Minister (Chairperson
Governing Body, SKIMS) dated 11-06-2018.
–––––––––
Government Order No. 51-SKIMS of 2018
Dated, June 13, 2018.
In partial modification to Government Order No. 26-SKIMS
of 2016 dated September 01, 2016, Director, All India Institute of
Medical Sciences (AIIMS), New Delhi is nominated as Member of
the Governing Body, SKIMS, in place of Prof. M. S. Khuroo, former
Director and Dean SKIMS, Soura, Member Governing Body, SKIMS.
However, Director AIIMS is given flexibility to depute the senior most
Prof. and Head on his behalf to attend any meeting of Governing
Body in instances of his non-availability.
By order of the Government of Jammu and Kashmir.
(Sd.) PROF. OMAR JAVED SHAH,
Director, SKIMS and Ex-Officio,
Secretary to Government.
–––––––––
No. 18] The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940. 295
–––––––––––––––––––––––––––––––––––––––––––––––––———––––––––
OFFICE OF THE COMMERCIAL TAX OFFICER,
COMMERCIAL TAXES CIRCLE-BUDGAM,
KASHMIR.
Notification
It has been reported by M/s Mohd Ismail Ganie Suthsoo
Kalan Chattergam Budgam holding TIN 01942220578 that 11 (Eleven)
VAT-65 forms, detailed below have been lost :–
S. No.
VAT-65 Form No’s
Date of issue
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
1208863 to 1208873
29-12-2014.
The dealer has published the loss in daily Greater Kashmir
dated 01 July 2018 and daily Aftab dated 01 July 2018. In view of
the facts mentioned above, the mentioned VAT 65 forms are hereby
declared invalid for the purpose of section 67 (3) of J&K VAT
Act, 2005 read with 68 K of J&K VAT Rules. Anybody who finds
the said VAT 65 forms shall return the same to the undersigned and
further if anyone uses the said form/s, fraudulently, he shall render
himself liable to penalty as envisaged under law.
(Sd.) ....................................
Commercial Tax Officer,
Commercial Taxes Circle-Budgam.
––––––––––
GOVERNMENT OF JAMMU AND KASHMIR
OFFICE OF THE DISTRICT MAGISTRATE
NANDINI HILLS, SAMBA,
Order
Whereas, it has come to the notice of this office that certain
persons and agencies are engaged in transportation of bovine animals
like milch/draught animals through trucks and other means from/
through District Samba to other Districts of the State ;
296 The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No.18
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Whereas, there have been instances of law and order in the
past on account of illegal transportation of bovine animals in the
District which disturbs the public peace and tranquility ;
Whereas, it is necessary to take preventive measures to avoid
such law and order problems in future.
Now, therefore, I, Sheetal Nanda, IAS, District Magistrate,
Samba, in exercise of the powers vested in me under section 144
Cr. P. C. hereby order that no bovine animal such as Cow, Ox, Bull,
Calf, Buffalo etc. be transported from Samba to other District’s
except with permission from District Magistrate/Addl. District
Magistrate, Samba.
This order shall come into force with immediate effect and shall
remain in force for a period of two months from the date of its
issuance till the same is recinded whichever is earlier.
(Sd.) SHEETAL NANDA, IAS,
District Magistrate, Samba.
––––––
NOTICE
I, Ranjeet Singh, S/o S. Amar Singh R/o H. No. 87, Sector 10, Nanak
Nagar, Jammu, want to change the name of my daughter which was
wrongly written as Tanishqa Singh instead of Tanishqa Kour in School
records. Objections, if any, may be conveyed to the concerned authority
within 7 days.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Thu., the 2nd Aug., 2018/11th Srav., 1940.
[No. 18
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
Tender Notice
Sealed tenders affixed with revenue stamps worth `6/- are invited
from the interesting parties for providing/fitting of heating points
and installation of old AC’s in newly renovated building as detailed
below. The tenders should reach the office of the undersigned by or
before 09-08-2018 up to 1.00 P. M. The interesting tenderer shall require
to attach a CDR of `2000/- with their tender, pledged to the General
Manager, Government Press, Srinagar. The interesting parties are
requested to quote their rate per unit F. O. R. Press Sempora Srinagar
inclusive of fitting charges. The tenders are likely to be opened on the
same day by the Petty Purchase Committee of this department. In case
the last date of receiving/opening of tenders happens to be a holiday
or office remain closed due to unavoidable circumstance, under such
eventuality the tenders shall be received and opened on the next working
day and shall be deemed to have been extended to that date. The
74
The J&K Govt. Gazette, 2nd Aug., 2018/11th Srav., 1940.
[No. 18
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
"
tender forms are available in the office of undersigned and can be
had against cash payment of `100/- (non-refundable) up to 08-08-2018
till 3.30 P. M. :––
S. No.
Name of item specification
Quantity
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(I)
Installation including gas refilling etc.
One Complete job
of old Air Conditioners (split type)
1.5/2.0 ton Voltas 5 Nos. (the AC’s
shall be provided by this Press)
(II)
Providing and fitting of 5 heating
One Complete job
points (for installation of old AC’s)
with providing of electric copper
wire 6mm (quantity as per actual
requirement) including 16 amp
socket with 32 amp, MCB
5 Nos. each
Terms and Conditions :
1.
The tenderer shall have to execute the job within 10 days from
the date of intimation.
2.
Approved tenderer shall have to execute agreement with this
department on the prescribed format.
3.
The payment to the approved tenderer shall be made after
successful completion of the job subject to verification by the
department.
4.
The approved tenderer shall have to furnish undertaking with regard
to functioning of the system atleast one year from the date of
installation of AC’s.
5.
Tenders found without CDR, shall be rejected by the Purchase
Committee.
6.
The Purchase Committee of this department reserves the right to
accept or reject any or all tenders without assigning any reason
thereof.
(Sd.) .....................................
General Manager,
Government Press, Srinagar.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 14th June, 2018.
SRO-275.––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 on the recommendations of
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Thu., the 14th June, 2018/24th Jyai., 1940.
[No. 11-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, 14th June, 2018/24th Jyai., 1940. [No. 11-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
the Council hereby makes the following rules further to amend the Jammu
and Kashmir Goods and Services Tax Rules, 2017, namely :––
(i) in rule 37, in sub-rule (1), after the proviso, the following second
proviso shall be added, namely :––
“Provided further that the value of supplies on account of
any amount added in accordance with the provisions of
clause (b) of sub-section (2) of section 15 shall be deemed
to have been paid for the purposes of the second proviso
to sub-section (2) of section 16.”;
(ii) in rule 83, in sub-rule (3), in the second proviso, for the
words “one year”, the words “eighteen months” shall be
substituted ;
(iii) with effect from 08th of July, 2017, in rule 89, for
sub-rule (5), the following shall be substituted, namely :––
“(5) In the case of refund on account of inverted duty
structure, refund of input tax credit shall be granted as
per the following formula :––
Maximum Refund Amount = {(Turnover of inverted rated
supply of goods and services) x Net ITC ÷ Adjusted Total
Turnover} - tax payable on such inverted rated supply of goods
and services.
Explanation :––For the purposes of this sub-rule, the expressions––
(a) Net ITC shall mean input tax credit availed on
inputs during the relevant period other than the
input tax credit availed for which refund is claimed
under sub-rules (4A) or (4B) or both ; and
(b) Adjusted total turnover shall have the same
meaning as assigned to it in sub-rule (4).”
No. 11-c] The J&K Govt. Gazette,14th June, 2018/24th Jyai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(iv) with effect from 08th July, 2017, in rule 95, in sub-rule (3),
for clause (a), the following shall be substituted, namely :––
“(a) the inward supplies of goods or services or both were
received from a registered person against a tax invoice.”;
(v) in rule 97, in sub-rule (1), after the proviso, the following second
proviso shall be added, namely :––
“Provided further that an amount equivalent to fifty
per cent of the amount of cess determined under
sub-section (5) of section 54 read with section 11 of
the Goods and Services Tax (Compensation to States)
Act, 2017 (15 of 2017), shall be deposited in the Fund.” ;
(vi) in rule 133, for sub-rule (3), the following shall be substituted,
namely :––
“(3) Where the Authority determines that a registered person
has not passed on the benefit of the reduction in the rate of tax
on the supply of goods or services or the benefit of input tax
credit to the recipient by way of commensurate reduction in
prices, the Authority may order––
(a) reduction in prices ;
(b) return to the recipient, an amount equivalent to the
amount not passed on by way of commensurate
reduction in prices along with interest at the rate of
eighteen per cent from the date of collection of the
higher amount till the date of the return of such amount
or recovery of the amount including interest not
returned, as the case may be ;
(c) the deposit of an amount equivalent to fifty per cent
of the amount determined under the above clause in
the Fund constituted under section 57 and the
remaining fifty per cent of the amount in the Fund
constituted under section 57 of the Jammu and
Kashmir Goods and Services Tax Act, 2017, where
the eligible person does not claim return of the amount
or is not identifiable ;
4
The J&K Govt. Gazette, 14th June, 2018/24th Jyai., 1940. [No. 11-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(d) imposition of penalty as specified under the Act ; and
(e) cancellation of registration under the Act.” ;
(vii) in rule 138, in sub-rule (14), after clause (n), the following
clause shall be added, namely :––
“(o) where empty cylinders for packing of liquefied
petroleum gas are being moved for reasons other than
supply.” ;
(viii) in FORM GSTR-4, in the Instructions, for SI. No. 10, the
following shall be substituted, namely :––
“10. For the tax periods July, 2017 to September, 2017,
October, 2017 to December, 2017, January, 2018 to
March, 2018 and April, 2018 to June, 2018, serial 4A of
Table 4 shall not be furnished.” ;
(ix) with effect from 08th July, 2017, in FORM GST PCT-01, in
PART B,––
(a) against Sl. No. 4, after entry (10), the following shall
be inserted, namely :––
“(11) Sales Tax practitioner under existing law for a
period of not less than five years
(12) tax return preparer under existing law for a period
of not less than five years”;
(b) after the “Consent”, the following shall be inserted,
namely :––
“Declaration :
I hereby declare that––
(i) I am a citizen of India ;
(ii) I am a person of sound mind ;
(iii) I have not been adjudicated as an
insolvent ; and
(iv) I have not been convicted by a competent
court.” ;
No. 11-c] The J&K Govt. Gazette,14th June, 2018/24th Jyai., 1940.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(x) in FORM GST RFD-01, in Annexure-1,
(a) for Statement 1A, the following Statement shall be substituted, namely :––
“Statement 1A
[See rule 89(2)(h)]
Refund Type : ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Sl.
Details of invoices of inward
Tax paid on inward
Details of invoices
Tax paid on outward
No.
supplies received
supplies
of outward supplies
supplies
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
GSTIN
No.
Date
Taxable
Integrated
Central
State
No.
Date
Taxable
Integrated
Central
State
of the
Value
Tax
Tax
Tax
Value
Tax
Tax
Tax
supplier
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
11
12
13
14
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
” ;
issued
6
The J&K Govt. Gazette, 14th June, 2018/24th Jyai., 1940. [No. 11-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) for Statement 5B, the following Statement shall be substituted, namely :––
“Statement 5B
[See rule 89(2)(g)]
Refund Type : On account of deemed exports
(Amount in Rs.)
Sl.
Details of invoices of outward supplies in case
Tax paid
No.
refund is claimed by supplier/details of
invoices of inward supplies in case refund is
claimed by recipient
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
GSTIN of
No.
Date
Taxable
Integrated
Central
State Tax
Cess
the
Value
Tax
Tax
supplier
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
;”
No. 11-c] The J&K Govt. Gazette,14th June, 2018/24th Jyai., 1940.
7
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(xi) in FORM GST RFD-01A, in Annexure–1,
(a) for Statement 1A, the following Statement shall be substituted, namely :––
“Statement 1A
[See rule 89(2)(h)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Sl.
Details of invoices of inward
Tax paid on inward
Details of invoices
Tax paid on outward
No.
supplies received
supplies
of outward supplies
supplies
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
GSTIN
No.
Date
Taxable
Integrated
Central
State
No.
Date
Taxable
Integrated
Central
State
of the
Value
Tax
Tax
Tax
Value
Tax
Tax
Tax
supplier
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
11
12
13
14
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
” ;
issued
8
The J&K Govt. Gazette, 14th June, 2018/24th Jyai., 1940. [No. 11-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) for Statement 5B, the following Statement shall be substituted, namely :––
“Statement 5B
[See rule 89(2)(g)]
Refund Type : On account of deemed exports
(Amount in Rs.)
Sl.
Details of invoices of outward supplies in case
Tax paid
No.
refund is claimed by supplier/details of
invoices of inward supplies in case refund is
claimed by recipient
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
GSTIN of
No.
Date
Taxable
Integrated
Central
State Tax
Cess
the
Value
Tax
Tax
supplier
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
.;”
This notification shall come into force with effect from the date of publication of corresponding notification in the
Central Gazette.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to Government,
Finance Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 14th June, 2018.
SRO-276.––In exercise of the powers conferred by sub-section (8)
of section 67 of the Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No. V of 2017) (hereinafter referred to as the said Act), the State
Government on the recommendations of the Council hereby notifies the
goods or the class of goods (hereinafter referred to as the said goods)
mentioned in the Schedule below, which shall, as soon as may be after its
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Thu., the 14th June, 2018/24th Jyai., 1940.
[No. 11-d
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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, 14th June, 2018/24th Jyai., 1940. [No. 11-d
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
seizure under sub-section (2) of section 67 of the said Act, be disposed of
by the proper officer, having regard to the perishable or hazardous nature,
depreciation in value with the passage of time, constraints of storage space
or any other relevant considerations of the said goods.
Schedule
(1)
Salt and hydroscopic substances
(2)
Raw (wet and salted) hides and skins
(3)
Newspapers and periodicals
(4)
Menthol, Camphor, Saffron
(5)
Refills for ball-point pens
(6)
Lighter fuel, including lighters with gas, not having arrangement
for refilling
(7)
Cells, batteries and rechargeable batteries
(8)
Petroleum Products
(9)
Dangerous drugs and psychotropic substances
(10)
Bulk drugs and chemicals falling under Section VI of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(11)
Pharmaceutical products falling within Chapter 30 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(12)
Fireworks
(13)
Red Sander
(14)
Sandalwood
(15)
All taxable goods falling within Chapters 1 to 24 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975)
No. 11-d] The J&K Govt. Gazette,14th June, 2018/24th Jyai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(16)
All unclaimed/abandoned goods which are liable to rapid
depreciation in value on account of fast change in technology or
new models etc.
(17)
Any goods seized by the proper officer under section 67 of
the said Act, which are to be provisionally released under
sub-section (6) of section 67 of the said Act, but provisional
release has not been taken by the concerned person within a
period of one month from the date of execution of the bond for
provisional release.
The notification shall come into force with effect from 13th day of
June, 2018.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to Government,
Finance Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 19th June, 2018.
SRO-277.––In the exercise of the powers conferred by proviso to
section 124 of the constitution of Jammu and Kashmir, the Governor is
pleased to direct that clause (a) of sub-rule (4) of rule 5 of the Jammu and
Kashmir Civil Services (Medical Attendance-cum-Allowance) Rules, 1990
shall be substituted by the following, namely :––
“(a) If the Government servant himself/herself or any member of
his/her family dependent upon him/her is suffering from heart
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Tue., the 19th June, 2018/29th Jyai., 1940.
[No. 11-e
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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, 19th June, 2018/29th Jyai., 1940. [No. 11-e
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
ailment, renal failure, cancer or any other disease/life consuming
disease and needs hospital treatment, the treatment may be taken
in Acharya Shri Chandra College of Medical Sciences and
Hospital, Jammu or Shri Mata Vaishno Devi Narayana Hospital,
Kakryal, Reasi :
Provided that the reimbursement of admissible items/procedures
shall be restricted to the rates applicable thereof at Government
Medical College Hospital Jammu/Srinagar whichever is less :
Provided further that in the event, such a treatment facility is not
available in the Government Medical College Hospital Jammu/
Srinagar, but is available in S. K. Institute of Medical Sciences
Soura, Srinagar, the reimbursement charges in that case shall be
restricted to the rates prevalent in SKIMS Soura, Srinagar or
Acharya Shri Chandra College of Medical Sciences and Hospital
Jammu or Shri Mata Vaishno Devi Narayana Hospital, Kakryal,
Reasi, whichever is least”.
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––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 21st of June, 2018.
SRO-278.––In exercise of the powers conferred by section 6 read
with section 7 of the Jammu and Kashmir Criminal Law Amendment
Act, 1958 (Act No. III of 1958) and in partial modification of all previous
notifications on the subject, the Government hereby appoint Shri Tasleem
Arief, District Judge as Additional Judge, Anti-Corruption, Jammu for
trial of offences specified in clauses (a), (b) and (c) of sub-section (1) of
section 6 of the said Act.
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. 12-a]
The J&K Govt. Gazette, 21st June, 2018/31st Jyai., 1940.
Thu.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 21st June, 2018.
SRO-279.––In exercise of the powers conferred by clause (b) of
section 2 of the Prisoners Act, Samvat 1977 (Act No. XXXIII of 1977),
the Government hereby declare the “building of Border Police Post
at Ajote (Poonch)” and “Lock-Up at Police Station, Poonch” as
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Thu., the 21st June, 2018/31st Jyai., 1940. [No. 12-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
———–
2
The J&K Govt. Gazette, 21st June, 2018/31st Jyai., 1940.
[No. 12-b
–––––––––––––––––––––––––––––––––––––––––––––—–––—————–––
“Subsidiary Jails” for male and female under trials, respectively. The
description of the building and Lock-Up is given in Annexure “A”
and “B” to this notification.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to Government,
Home Department.
––––––
No. 12-b] The J&K Govt. Gazette, 21st June, 2018/31st Jyai., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Annexure ‘A’ to SRO-279 dated 21-06-2018
Description/dimensions of Border Police Post, Ajote, Poonch.
i. “Two rooms (10´x12´), with washroom measuring (6´x7´).
ii. One room (10´x7´) with kitchen/washroom.
iii. Two lock-up rooms (8´x9´) with washroom measuring (4´x4´).
iv. Gallery (16´x16´)”.
(Sd.) SHAKEEL-UR-REHMAN,
Special Secretary to Government,
Home Department.
––––––
4
The J&K Govt. Gazette, 21st June, 2018/31st Jyai., 1940.
[No. 12-b
–––––––––––––––––––––––––––––––––––––––––––––—–––—————–––
Annexure ‘B’ to SRO-279 dated 21-06-2018
Dimensions of Lock-up at Police Station, Poonch.
“Lock-up with dimensions (17´x12´) along with attached
washroom with dimensions (8´x5´)”.
(Sd.) SHAKEEL-UR-REHMAN,
Special Secretary to Government,
Home Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––GENERAL ADMINISTRATION
DEPARTMENT
Notification
Srinagar, the 22nd June, 2018.
SRO-280.––In exercise of the powers conferred by proviso to
section 124 of the Constitution of Jammu and Kashmir, the Governor
hereby direct that the entries appearing under Schedule “A” of the Jammu
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Fri., the 22nd June, 2018/1st Asad., 1940.
[No. 12-c
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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, 22nd June, 2018/1st Asad., 1940.
[No. 12-c
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
and Kashmir Secretariat (Gazetted) Service Recruitment Rules, 1976 shall
be substituted by the following, namely :––
Class-I
Name of the post
Number
of posts
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(a)
Under Secretaries to Government/Under Secretary,
115
J&K Public Service Commission/Under Secretary,
Chief Ministers Secretariat/Under Secretary in
the Office of Commissioner, Civil Aviation
(b)
Assistant Director, Directorate of Estates
01
(c)
Public Relation Officer, Civil Secretariat
01
(d)
Staff Welfare Officer, Civil Secretariat
01
(e)
Instructor, Secretariat Training Class
01
(f)
Administrative Officers, J&K Services Selection Board
02
(g)
Under Secretary in the Office of Commissioner for
01
Persons with Disabilities.
(h)
Additional Private Secretaries with the
12
Minister/Ministers of State (Including Advisor
to the Chief Minister)
––––––
(A)
Total
134
––––––
Deputation Reserve @ 5%
07
Leave Reserve @ 10%
13
Training Reserve @ 10% of direct quota of posts
07
(50% of “A” above)
––––––
Total cadre Strength of Class- I
161
––––––
No. 12-c] The J&K Govt. Gazette, 22nd June, 2018/1st Asad., 1940.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Class-II
Private Secretaries
58
Private Secretaries with the Ministers/Ministers
12
of State (including Advisor to the Chief Minister)
Private Secretary in the Office of Commissioner for
01
Persons with Disabilities
––––––
Total
71
––––––
Deputation Reserve @ 5%
04
Leave Reserve @ 10%
07
––––––
Total Cadre Strength of Class- II
82
––––––
By order of the Governor.
(Sd.) KHURSHID AHMED,
Commissioner/Secretary to the Government,
General Administration Department.
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Srinagar, the 25th June, 2018.
SRO-283.––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 Sh. Inderjeet Singh Parihar, KAS, Assistant
Commissioner (Revenue), Kishtwar to be the competent authority for the
purposes of the said Act within the territorial jurisdiction of Tehsil
Kishtwar, Bunjwah, Drabshalla and Nagseni of District Kishtwar.
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. 12-d]
The J&K Govt. Gazette, 25th June, 2018/4th Asad., 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
Srinagar, the 25th June, 2018.
SRO-284.––In exercise of powers conferred by sub-section (1) of
section 12 of the Code of Criminal Procedure, Samvat 1989, the
Government hereby appoint the following Officers to be the Executive
Magistrates 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 Rajouri :––
1. Qadeer-ul-Rehman
Tehsildar, Thannamandi
2. Sheraz Ahmad Chauhan
Tehsildar, Manjakote
3. Vikas Anand
Tehsildar, Beri Pattan
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. 12-e]
The J&K Govt. Gazette, 25th June, 2018/4th Asad., 1940. Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 25th of June, 2018.
SRO-285.––In exercise of the powers conferred by section 28 of
the Jammu and Kashmir Protection of Children from Sexual Violence
Ordinance, 2018, the Government in consultation with the High Court
designates Court of Principal District and Sessions Judge in every District
as Special Court to try the offences under the said Ordinance.
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. 12-f]
The J&K Govt. Gazette, 25th June, 2018/4th Asad., 1940. Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
Srinagar, the 25th of June, 2018.
SRO-286.––In exercise of the powers conferred by section 33 of
the Jammu and Kashmir Protection of Children from Sexual Violence
Ordinance, 2018 read with sub-section (1) of section 492 of the Code of
Criminal Procedure, Samvat 1989, the Government appoints all the
Public Prosecutors in the Courts of Principal District and Sessions Courts
as Special Public Prosecutor for Special Courts for conducting cases
under the provisions of the Jammu and Kashmir Protection of Children
from Sexual Violence Ordinance, 2018.
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. 12-g]
The J&K Govt. Gazette, 25th June, 2018/4th Asad., 1940. Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––TOURISM DEPARTMENT
Notification
Srinagar, the 25th June, 2018.
SRO-287.––In exercise of the powers conferred by section 3 of the
Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants)
Act, 1988 and in supersession of all previous notifications issued in
this behalf, the Government of Jammu and Kashmir hereby appoint
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Mon., the 25th June, 2018/4th Asad., 1940. [No. 12-h
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
———–
2
The J&K Govt. Gazette, 25th June, 2018/4th Asad., 1940.
[No. 12-h
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
following officers as “Estate Officers” for the purposes of the said Act,
with jurisdiction shown against each :––
S.
Name
Designation
Jurisdiction
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Mr. Sarfaraz
Deputy Director,
Directorate of
Mohammad
Recreation, Kashmir
Tourism, Kashmir
2.
Smt. Subah Mehta
Deputy Director,
Jammu, Samba,
Tourism, Jammu
Kathua and Sarthal
3.
Mr. Malikzada
Chief Executive
Rajouri and Poonch
Shiraz-ul-Haq
Officer, Poonch
Development
Authority (holding
additional charge
of Assistant Director
Tourism, Rajouri)
By order of the Government of Jammu and Kashmir.
(Sd.) RIGZIAN SAMPHEAL, IAS,
Secretary to the Government,
Tourism Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Srinagar, the 25th June, 2018.
SRO-288.––In exercise of powers conferred by sub-sections (4)
and (5) of section 6 of the Jammu and Kashmir Land Revenue
Act, Samvat 1996 (XII of 1996), and in supersession of all previous
notifications issued in this behalf, the Government hereby confer upon
Dr. Sagar D. Doifode, Addl. Deputy Commissioner, Srinagar, the powers
of Collector, Land Acquisition, PWD (R&B) in 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. 12-i]
The J&K Govt. Gazette, 25th June, 2018/4th Asad., 1940. Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 26th June, 2018.
SRO-289.––Whereas, the immovable property comprising of land
measuring 12 Marlas, under Khasra No. 39 (Old)/320 (New) of Class-III
situated at Village Rattnu Chak, Tehsil Jammu is required by the Union
Government in connection with the purposes of the Union.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Srinagar, Tue., the 26th June, 2018/5th Asad., 1940.
[No. 12-j
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
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[No. 12-j
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Whereas, a requisition in this behalf has been received by the State
Government from the Ministry of Defence, Government of India.
Now, therefore, in exercise of powers conferred by section 21 of
the Jammu and Kashmir Requisitioning and Acquisition of Immovable
Property Act, 1968, the Government hereby notifies that the aforesaid
property be requisitioned.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to Government,
Home Department.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Srinagar, Tue., the 10th July, 2018/19th Asad., 1940. [No. 14-3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 6th June, 2018/Jyaistha 16, 1940 (Saka).
THE INSOLVENCY A ND BANKRUPTCY CODE
(AMENDMENT) ORDINANCE, 2018
No. 6 of 2018
Promulgated by the President in the Sixty-ninth Year of the Republic
of India.
An Ordinance further to amend the Insolvency and Bankruptcy
Code, 2016.
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Whereas, the Insolvency and Bankruptcy Code, 2016 (the Code),
inter alia, provides for insolvency resolution of corporate persons in a time
bound manner for maximisation of value of assets of such persons ;
And whereas, a need has been felt, inter alia, to balance the interests
of various stakeholders in the Code, especially interests of home buyers and
micro, small and medium enterprises, promoting resolution over liquidation
of corporate debtor by lowering the voting threshold of committee of creditors
and streamlining provisions relating to eligibility of resolution applicants ;
And whereas, Parliament is not in session and the President is satisfied
that circumstances exist which render it necessary for him to take immediate
action.
Now, therefore, in exercise of the powers conferred by clause (1) of
Article 123 of the Constitution, the President is pleased to promulgate the
following Ordinance :––
1. Short title and commencement.––(1) This Ordinance may be called
the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018.
(2) It shall come into force at once.
2. Amendment of section 3.––In the Insolvency and Bankruptcy
Code, 2016 (31 of 2016) (hereinafter referred to as the principal Act), in
section 3, in clause (12), for the word “repaid”, the word “paid” shall be
substituted.
3. Amendment of section 5.––In section 5 of the principal Act,––
(i) after clause (5), the following clause shall be inserted,
namely :––
‘(5A) “corporate guarantor” means a corporate person who is
the surety in a contract of guarantee to a corporate debtor ;’ ;
(ii) in clause (8), in sub-clause (f), the following Explanation shall
be inserted, namely :––
‘Explanation :–– For the purposes of this sub-clause,––
(i) any amount raised from an allottee under a real estate
project shall be deemed to be an amount having the
commercial effect of a borrowing ; and
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(ii) the expressions, “allottee” and “real estate project”
shall have the meanings respectively assigned to them
in clauses (d) and (zn) of section 2 of the Real
Estate (Regulation and Development) Act, 2016
(16 of 2016) ;’ ;
(iii) in clause (21), for the word “repayment”, the word
“payment” shall be substituted ;
(iv) after clause (24), the following clause shall be inserted,
namely :––
‘(24A) “related party”, in relation to an individual, means––
(a) a person who is a relative of the individual or a relative
of the spouse of the individual ;
(b) a partner of a limited liability partnership, or a limited
liability partnership or a partnership firm, in which the
individual is a partner ;
(c) a person who is a trustee of a trust in which the
beneficiary of the trust includes the individual, or
the terms of the trust confers a power on the
trustee which may be exercised for the benefit of the
individual ;
(d) a private company in which the individual is a director
and holds along with his relatives, more than two
per cent of its share capital ;
(e) a public company in which the individual is a director
and holds along with relatives, more than two per cent
of its paid-up share capital ;
(f) a body corporate whose board of directors, managing
director or manager, in the ordinary course of business,
acts on the advice, directions or instructions of the
individual ;
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(g) a limited liability partnership or a partnership firm
whose partners or employees in the ordinary course
of business, act on the advice, directions or instructions
of the individual ;
(h) a person on whose advice, directions or instructions,
the individual is accustomed to act ;
(i) a company, where the individual or the individual along
with its related party, own more than fifty per cent of
the share capital of the company or controls the
appointment of the board of directors of the company.
Explanation :––For the purposes of this clause,––
(a) “relative”, with reference to any person, means anyone
who is related to another, in the following manner,
namely :––
(i) members of a Hindu Undivided Family ;
(ii) husband ;
(iii) wife ;
(iv) father ;
(v) mother ;
(vi) son ;
(vii) daughter ;
(viii) son’s daughter and son ;
(ix) daughter’s daughter and son ;
(x) grandson’s daughter and son ;
(xi) grand daughter’s daughter and son ;
(xii) brother ;
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(xiii) sister ;
(xiv) brother's son and daughter ;
(xv) sister’s son and daughter ;
(xvi) father’s father and mother ;
(xvii) mother’s father and mother ;
(xviii) father’s brother and sister ;
(xix) mother’s brother and sister ; and
(b) wherever the relation is that of a son, daughter, sister
or brother, their spouses shall also be included ;’.
4. Amendment of section 7.––In section 7 of the principal Act, in
sub-section (1), for the words “other financial creditors”, the words “other
financial creditors, or any other person on behalf of the financial creditor, as
may be notified by the Central Government,” shall be substituted.
5. Amendment of section 8.––In section 8 of the principal Act,––
(a) in sub-section (2),––
(i) in clause (a), for the words “if any, and”, the words
“if any, or” shall be substituted ;
(ii) in clause (b), for the word “repayment”, the word
“payment” shall be substituted ;
(b) in the Explanation, for the word “repayment”, the word
“payment” shall be substituted.
6. Amendment of section 9.––In section 9 of the principal Act,––
(a) in sub-section (3),––
(i) in clause (c), for the words “by the corporate
debtor ; and”, the words “by the corporate debtor, if
available ;” shall be substituted ;
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(ii) for clause (d), the following clauses shall be substituted,
namely :––
“(d) a copy of any record with information
utility confirming that there is no payment of an
unpaid operational debt by the corporate debtor, if
available ; and
(e) any other proof confirming that there is no payment
of an unpaid operational debt by the corporate debtor
or such other information, as may be prescribed.” ;
(b) in sub-section (5),––
(A) in clause (i), in sub-clause (b), for the word
“repayment”, the word “payment” shall be
substituted ;
(B) in clause (ii), in sub-clause (b), for the word
"repayment”, the word “payment” shall be
substituted.
7. Amendment of section 10.––In section 10 of the principal Act,––
(a) for sub-section (3), the following sub-section shall be substituted,
namely :––
“(3) The corporate applicant shall, along with the application,
furnish––
(a) the information relating to its books of account and
such other documents for such period as may be
specified ;
(b) the information relating to the resolution professional
proposed to be appointed as an interim resolution
professional ; and
(c) the special resolution passed by shareholders of the
corporate debtor or the resolution passed by at least
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three-fourth of the total number of partners of the
corporate debtor, as the case may be, approving filing
of the application.” ;
(b) in sub-section (4),––
(i) in clause (a), after the words “if it is complete”, the
words “and no disciplinary proceeding is pending
against the proposed resolution professional” shall be
inserted ;
(ii) in clause (b), after the words “if it is incomplete”, the
words “or any disciplinary proceeding is pending
against the proposed resolution professional” shall be
inserted.
8. Amendment of section 12.––In section 12 of the principal Act, in
sub-section (2), for the word “seventy-five”, the word “sixty-six” shall be
substituted.
9. Insertion of new section 12A.––After section 12 of the principal
Act, the following section shall be inserted, namely :––
“12A. Withdrawal of application admitted under section 7,
9 or 10.––The Adjudicating Authority may allow the withdrawal
of application admitted under section 7 or section 9 or section 10,
on an application made by the applicant with the approval of ninety
per cent voting share of the committee of creditors, in such manner
as may be prescribed.”.
10. Amendment of section 14.––In section 14 of the principal Act, for
sub-section (3), the following sub-section shall be substituted, namely :––
“(3) The provisions of sub-section (1) shall not apply to––
(a) such transaction as may be notified by the Central
Government in consultation with any financial
regulator ;
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(b) a surety in a contract of guarantee to a corporate
debtor.”.
11. Amendment of section 15.––In section 15 of the principal Act, in
sub-section (1), in clause (c), for the word “claims”, the words “claims, as
may be specified” shall be substituted.
12. Amendment of section 16.––In section 16 of the principal Act, in
sub-section (5), for the words “shall not exceed thirty days from date of his
appointment”, the words and figures “shall continue till the date of
appointment of the resolution professional under section 22” shall be
substituted.
13. Amendment of section 17.––In section 17 of the principal Act, in
sub-section (2),––
(i) in clause (d), for the words “may be specified.”, the words
“may be specified ; and” shall be substituted ;
(ii) after clause (d), the following clause shall be inserted,
namely :––
“(e) be responsible for complying with the requirements under
any law for the time being in force on behalf of the corporate
debtor.”.
14. Amendment of section 18.––In section 18 of the principal Act,
in the Explanation, for the word “sub-section”, the word “section” shall be
substituted.
15. Amendment of section 21.––In section 21 of the principal Act,––
(i) in sub-section (2),––
(a) in the proviso, for the words “related party to whom a
corporate debtor owes a financial debt”, the words
“financial creditor or the authorised representative of
the financial creditor referred to in sub-section (6) or
sub-section (6A) or sub-section (5) of section 24, if it
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is a related party of the corporate debtor,” shall be
substituted ;
(b) after the proviso, the following proviso shall be inserted,
namely :––
“Provided further that the first proviso shall not apply
to a financial creditor, regulated by a financial sector
regulator, if it is a related party of the corporate debtor
solely on account of conversion or substitution of debt
into equity shares or instruments convertible into
equity shares, prior to the insolvency commencement
date.” ;
(ii) in sub-section (3), for the word “Where”, the words, brackets
and figures and letter “Subject to sub-sections (6) and (6A),
where” shall be substituted ;
(iii) in sub-section (6), in the opening portion, the words “or issued
as securities” shall be omitted ;
(iv) after sub-section (6), the following sub-sections shall be inserted,
namely :––
“(6A) Where a financial debt––
(a) is in the form of securities or deposits and the terms
of the financial debt provide for appointment of a
trustee or agent to act as authorised representative for
all the financial creditors, such trustee or agent shall
act on behalf of such financial creditors ;
(b) is owed to a class of creditors exceeding the number
as may be specified, other than the creditors covered
under clause (a) or sub-section (6), the interim
resolution professional shall make an application to
the Adjudicating Authority along with the list of all
financial creditors, containing the name of an
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insolvency professional, other than the interim
resolution professional, to act as their authorised
representative who shall be appointed by the
Adjudicating Authority prior to the first meeting of the
committee of creditors ;
(c) is represented by a guardian, executor or administrator,
such person shall act as authorised representative on
behalf of such financial creditors,
and such authorised representative under clause (a) or clause (b)
or clause (c) shall attend the meetings of the committee of creditors,
and vote on behalf of each financial creditor to the extent of his
voting share.
(6B) The remuneration payable to the authorised
representative––
(i) under clauses (a) and (c) of sub-section (6A), if any,
shall be as per the terms of the financial debt or the
relevant documentation ; and
(ii) under clause (b) of sub-section (6A) shall be as
specified which shall be jointly borne by the financial
creditors.” ;
(v) for sub-sections (7) and (8), the following sub-sections shall
be substituted, namely :––
“(7) The Board may specify the manner of voting and the
determining of the voting share in respect of financial debts
covered under sub-sections (6) and (6A).
(8) Save as otherwise provided in this Code, all decisions of
the committee of creditors shall be taken by a vote of not
less than fifty-one per cent of voting share of the financial
creditors :
Provided that where a corporate debtor does not have any
financial creditors, the committee of creditors shall be
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constituted and shall comprise of such persons to exercise such
functions in such manner as may be specified.”.
16. Amendment of section 22.––In section 22 of the principal Act,––
(a) in sub-section (2), for the word, “seventy-five”, the word
“sixty-six” shall be substituted ;
(b) in sub-section (3),––
(i) in clause (a), after the words “resolution professional”,
the words “subject to a written consent from the
interim resolution professional in the specified form”
shall be inserted ;
(ii) in clause (b), after the words “appointment of the
proposed resolution professional”, the words “along
with a written consent from the proposed resolution
professional in the specified form” shall be inserted.
17. Amendment of section 23.––In section 23 of the principal Act, in
sub-section (1), the following proviso shall be inserted, namely :––
“Provided that the resolution professional shall, if the resolution
plan under sub-section (6) of section 30 has been submitted,
continue to manage the operations of the corporate debtor after
the expiry of the corporate insolvency resolution process
period until an order is passed by the Adjudicating Authority under
section 31.”.
18. Amendment of section 24.––In section 24 of the principal Act,––
(i) in sub-section (3), in clause (a), for the words “Committee of
creditors”, the words, brackets, figures and letter “committee
of creditors, including the authorised representatives
referred to in sub-sections (6) and (6A) of section 21 and
sub-section (5)” shall be substituted ;
(ii) in sub-section (5), for the words “Any creditor”, the words,
brackets, figures and letters “Subject to sub-sections (6), (6A)
and (6B) of section 21, any creditor” shall be substituted.
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19. Insertion of new section 25A.–– After section 25 of the principal
Act, the following section shall be inserted, namely :––
‘25A. Rights and duties of authorised representative of
financial creditors.––(1) The authorised representative under
sub-section (6) or sub- section (6A) of section 21 or sub-section
(5) of section 24 shall have the right to participate and vote in
meetings of the committee of creditors on behalf of the financial
creditor he represents in accordance with the prior voting
instructions of such creditors obtained through physical or electronic
means.
(2) It shall be the duty of the authorised representative to circulate
the agenda and minutes of the meeting of the committee of creditors
to the financial creditor he represents.
(3) The authorised representative shall not act against the interest
of the financial creditor he represents and shall always act in
accordance with their prior instructions :
Provided that if the authorised representative represents several
financial creditors, then he shall cast his vote in respect of each
financial creditor in accordance with instructions received from
each financial creditor, to the extent of his voting share :
Provided further that if any financial creditor does not give prior
instructions through physical or electronic means, the authorised
representative shall abstain from voting on behalf of such creditor.
(4) The authorised representative shall file with the committee of
creditors any instructions received by way of physical or electronic
means, from the financial creditor he represents, for voting in
accordance therewith, to ensure that the appropriate voting
instructions of the financial creditor he represents is correctly
recorded by the interim resolution professional or resolution
professional, as the case may be.
Explanation :––For the purposes of this section, the “electronic means”
shall be such as may be specified.’.
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20. Amendment of section 27.––In section 27 of the principal
Act, for sub-section (2), the following sub-section shall be substituted,
namely :––
“(2) The committee of creditors may, at a meeting, by a vote of
sixty-six per cent of voting shares, resolve to replace the resolution
professional appointed under section 22 with another resolution
professional, subject to a written consent from the proposed
resolution professional in the specified form.”.
21. Amendment of section 28.––In section 28 of the principal Act, in
sub-section (3), for the word, “seventy-five”, the word “sixty-six” shall be
substituted.
22. Amendment of section 29A.––In section 29A of the principal
Act,––
(i) in clause (c),––
(A) for the words “has an account,”, the words “at the
time of submission of the resolution plan has an
account,” shall be substituted ;
(B) after the words and figures “the Banking Regulation
Act, 1949”, the words “or the guidelines of a financial
sector regulator issued under any other law for the
time being in force,” shall be inserted ;
(C) after the proviso, the following shall be inserted,
namely :––
“Provided further that nothing in this clause shall apply
to a resolution applicant where such applicant is a
financial entity and is not a related party to the
corporate debtor.
Explanation
I :–– For the purposes of this proviso, the
expression “related party” shall not
include a financial entity, regulated by
a financial sector regulator, if it is a
financial creditor of the corporate
debtor and is a related party of the
corporate debtor solely on account of
conversion or substitution of debt into
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equity shares or instruments
convertible into equity shares, prior
to the insolvency commencement
date.
Explanation
II :–– For the purposes of this clause, where
a resolution applicant has an account,
or an account of a corporate debtor
under the management or control of
such person or of whom such
person is a promoter, classified as
non-performing asset and such
account was acquired pursuant to a
prior resolution plan approved under
this Code, then, the provisions of this
clause shall not apply to such
resolution applicant for a period of
three years from the date of approval
of such resolution plan by the
Adjudicating Authority under this
Code ;” ;
(ii) for clause (d), the following clause shall be substituted,
namely :––
“(d) has been convicted for any offence punishable with
imprisonment–––
(i) for two years or more under any Act specified under
the Twelfth Schedule ; or
(ii) for seven years or more under any other law for the
time being in force :
Provided that this clause shall not apply to a person
after the expiry of a period of two years from the date
of his release from imprisonment :
Provided further that this clause shall not apply in
relation to a connected person referred to in
clause (iii) of Explanation I ;”;
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(iii) in clause (e), the following proviso shall be inserted,
namely :––
“Provided that this clause shall not apply in relation
to a connected person referred to in clause (iii) of
Explanation I ;” ;
(iv) in clause (g), the following proviso shall be inserted,
namely :––
“Provided that this clause shall not apply if a preferential
transaction, undervalued transaction, extortionate credit
transaction or fraudulent transaction has taken place prior to
the acquisition of the corporate debtor by the resolution applicant
pursuant to a resolution plan approved under this Code or
pursuant to a scheme or plan approved by a financial sector
regulator or a court, and such resolution applicant has not
otherwise contributed to the preferential transaction,
undervalued transaction, extortionate credit transaction or
fraudulent transaction ;” ;
(v) in clause (h),––
(A) for the words “an enforceable guarantee”, the words
“a guarantee” shall be substituted ;
(B) after the words “under this Code”, the words
“and such guarantee has been invoked by the creditor
and remains unpaid in full or part” shall be inserted ;
(vi) in clause (i), for the words “has been”, the word “is” shall be
substituted ;
(vii) the Explanation occurring after clause (j) shall be numbered as
Explanation I, and in Explanation I as so numbered, for
the proviso, the following provisos shall be substituted,
namely :––
‘Provided that nothing in clause (iii) of Explanation I shall
apply to a resolution applicant where such applicant is a
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financial entity and is not a related party of the corporate
debtor :
Provided further that the expression “related party” shall not
include a financial entity, regulated by a financial sector
regulator, if it is a financial creditor of the corporate debtor and
is a related party of the corporate debtor solely on account of
conversion or substitution of debt into equity shares or
instruments convertible into equity shares, prior to the
insolvency commencement date ;’ ;
(viii) after Explanation I as so numbered, the following Explanation
shall be inserted, namely :––
“Explanation
II :–– For the purposes of this section, “financial
entity” shall mean the following entities which
meet such criteria or conditions as the Central
Government may, in consultation with the
financial sector regulator, notify in this behalf,
namely :––
(a) a scheduled bank ;
(b) any entity regulated by a foreign central
bank or a securities market regulator or
other financial sector regulator of a
jurisdiction outside India which jurisdiction
is compliant with the Financial Action Task
Force Standards and is a signatory to the
International Organisation of Securities
Commissions Multilateral Memorandum
of Understanding ;
(c) any investment vehicle, registered foreign
institutional investor, registered foreign
portfolio investor or a foreign venture
capital investor, where the terms shall
have the meaning assigned to them in
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regulation 2 of the Foreign Exchange
Management (Transfer or Issue of
Security by a Person Resident Outside
India) Regulations, 2017 made under
the Foreign Exchange Management
Act, 1999 (42 of 1999) ;
(d) an asset reconstruction company
registered with the Reserve Bank of
India under section 3 of the Securitisation
and Reconstruction of Financial Assets
and Enforcement of Security Interest
Act, 2002 (54 of 2002) ;
(e) an Alternate Investment Fund registered
with the Securities and Exchange Board
of India ;
(f) such categories of persons as may be
notified by the Central Government.”.
23. Amendment of section 30.––In section 30 of the principal Act,––
(i) in sub-section (1), after the words “resolution plan”, the words,
figures and letter “along with an affidavit stating that he is
eligible under section 29A” shall be inserted ;
(ii) in sub-section (2),––
(A) in clauses (a) and (b), for the word “repayment” at
both the places where it occurs, the word “payment”
shall be substituted ;
(B) after clause (f), the following Explanation shall be
inserted, namely :––
“Explanation :–– For the purposes of clause (e), if any
approval of shareholders is required
under the Companies Act, 2013
(18 of 2013) or any other law for the
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time being in force for the implementation
of actions under the resolution plan, such
approval shall be deemed to have been
given and it shall not be a contravention
of that Act or law.”;
(iii) in sub-section (4),––
(a) for the word “seventy-five”, the word “sixty-six” shall
be substituted ;
(b) after the third proviso, the following proviso shall be
inserted, namely :––
“Provided also that the eligibility criteria in section 29A
as amended by the Insolvency and Bankruptcy Code
(Amendment) Ordinance, 2018 shall apply to the
resolution applicant who has not submitted resolution
plan as on the date of commencement of the Insolvency
and Bankruptcy Code (Amendment) Ordinance,
2018.”.
24. Amendment of section 31.––In section 31 of the principal Act,––
(a) in sub-section (1), the following proviso shall be inserted,
namely :––
“Provided that the Adjudicating Authority shall, before passing
an order for approval of resolution plan under this sub-section,
satisfy that the resolution plan has provisions for its effective
implementation.” ;
(b) after sub-section (3), the following sub-section shall be inserted,
namely :––
“(4) The resolution applicant shall, pursuant to the resolution
plan approved under sub-section (1), obtain the necessary
approval required under any law for the time being in force
within a period of one year from the date of approval
of the resolution plan by the Adjudicating Authority under
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sub-section (1) or within such period as provided for in such
law, whichever is later.”.
25. Amendment of section 33.––In section 33 of the principal Act, in
sub-section (2), after the words “decision of the committee of creditors”,
the words “approved by not less than sixty-six per cent of the voting share”
shall be inserted.
26. Amendment of section 34.––In section 34 of the principal Act,––
(a) in sub-section (1), for the words and letter “Chapter II shall”,
the words and letter “Chapter II shall, subject to submission
of a written consent by the resolution professional to
the Adjudicatory Authority in specified form,” shall be
substituted ;
(b) in sub-section (4),––
(i) in clause (b), for the words “in writing.”, the words
“in writing ; or” shall be substituted ;
(ii) after clause (b), the following clause shall be inserted,
namely :––
“(c) the resolution professional fails to submit written
consent under sub-section (1).” ;
(c) in sub-section (5), for the word, brackets and letter “clause
(a)”, the words, brackets and letters “clauses (a) and (c)” shall
be substituted ;
(d) in sub-section (6), after the words “another insolvency
professional”, the words “along with written consent from the
insolvency professional in the specified form,” shall be inserted.
27. Amendment of section 42.––In section 42 of the principal
Act, after the words “of the liquidator”, the words “accepting or” shall be
inserted.
28. Amendment of section 45.––In section 45 of the principal Act,
in sub-section (1), the words and figures “of section 43” shall be omitted.
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29. Amendment of section 60.––In section 60 of the principal Act,––
(a) in sub-section (2), for the words “bankruptcy of a personal
guarantor of such corporate debtor”, the words “liquidation or
bankruptcy of a corporate guarantor or personal guarantor,
as the case may be, of such corporate debtor” shall be
substituted ;
(b) in sub-section (3), for the words “bankruptcy proceeding of a
personal guarantor of the corporate debtor”, the words
“liquidation or bankruptcy proceeding of a corporate guarantor
or personal guarantor, as the case may be, of the corporate
debtor” shall be substituted.
30. Amendment of section 69.–– In section 69 of the principal Act,
for the words “On or after the insolvency commencement date, if”, the
word “If” shall be substituted.
31. Amendment of section 76.––In section 76 of the principal Act,––
(a) in the marginal heading, for the word “repayment”, the word
“payment” shall be substituted ;
(b) in clause (a), for the word “repayment”, the word “payment”
shall be substituted.
32. Amendment of section 196.––In section 196 of the principal Act,
in sub-section (1),––
(i) after clause (a), the following clause shall be inserted,
namely :––
“(aa) promote the development of, and regulate, the working
and practices of, insolvency professionals, insolvency
professional agencies and information utilities and other
institutions, in furtherance of the purposes of this Code ; ” ;
(ii) in clause (c), for the words “for the registration”, the words
“for carrying out the purposes of this Code, including fee for
registration and renewal” shall be substituted.
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33. Amendment of section 231.––In section 231 of the principal
Act, for the words “Adjudicating Authority” at both the places where they
occur, the words “Adjudicating Authority or the Board” shall be substituted.
34. Insertion of new section 238A.–– After section 238 of the principal
Act, the following section shall be inserted, namely :––
“238A. Limitation.––The provisions of the Limitation
Act, 1963 (36 of 1963) shall, as far as may be, apply to the
proceedings or appeals before the Adjudicating Authority, the
National Company Law Appellate Tribunal, the Debt Recovery
Tribunal or the Debt Recovery Appellate Tribunal, as the case
may be.”.
35. Amendment of section 239.–– In section 239 of the principal Act,
in sub-section (2),––
(i) after clause (e), the following clause shall be inserted,
namely :––
“(ea) other proof confirming that there is no payment of an
unpaid operational debt by the corporate debtor or such other
information under clause (e) of sub-section (3) of section 9 ;”;
(ii) after clause (f), the following clause shall be inserted,
namely :––
“(fa) the manner of withdrawal of application under section
12A ;”.
36. Amendment of section 240.––In section 240 of the principal
Act, in sub-section (2),––
(i) clause (g) shall be omitted ;
(ii) after clause (j), the following clause shall be inserted,
namely :––
“(ja) the last date for submission of claims under clause (c) of
sub-section (1) of section 15 ;” ;
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(iii) after clause (n), the following clauses shall be inserted,
namely :––
“(na) the number of creditors within a class of creditors under
clause (b) of sub-section (6A) of section 21 ;
(nb) the remuneration payable to authorised representative
under clause (ii) of the proviso to sub-section (6B) of
section 21 ;
(nc) the manner of voting and determining the voting share
in respect of financial debts under sub-section (7) of
section 21 ;”.
37. Insertion of new section 240A.–– After section 240 of the principal
Act, the following section shall be inserted, namely :––
‘240A. Application of this Code to micro, small and medium
enterprises.––(1) Notwithstanding anything to the contrary
contained in this Code, the provisions of clauses (c) and (h) of
section 29A shall not apply to the resolution applicant in respect of
corporate insolvency resolution process of any micro, small and
medium enterprises.
(2) Subject to sub-section (1), the Central Government may, in
the public interest, by notification, direct that any of the provisions
of this Code shall––
(a) not apply to micro, small and medium enterprises ; or
(b) apply to micro, small and medium enterprises, with such
modifications as may be specified in the notification.
(3) A draft of every notification proposed to be issued under
sub-section (2), shall be laid before each House of Parliament,
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions.
(4) If both Houses agree in disapproving the issue of notification
or both Houses agree in making any modification in the notification,
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the notification shall not be issued or shall be issued only in such
modified form as may be agreed upon by both the Houses, as the
case may be.
(5) The period of thirty days referred to in sub-section (3) shall
not include any period during which the House referred to in
sub-section (4) is prorogued or adjourned for more than four
consecutive days.
(6) Every notification issued under this section shall be laid, as
soon as may be after it is issued, before each House of Parliament.
Explanation :––For the purposes of this section, the expression
“micro, small and medium enterprises” means any
class or classes of enterprises classified as such
under sub-section (1) of section 7 of the Micro,
Small and Medium Enterprises Development
Act, 2006 (27 of 2006).’.
38. Insertion of new Schedule.––After the Eleventh Schedule to the
principal Act, the following Schedule shall be inserted, namely :––
“THE TWELFTH SCHEDULE
(See clause (d) of section 29A)
ACTS FOR THE PURPOSES OF CLAUSE (d) OF SECTION 29A
(1) The Foreign Trade (Development and Regulation)
Act, 1922 (22 of 1922) ;
(2) The Reserve Bank of India Act, 1934 (2 of 1934) ;
(3) The Central Excise Act, 1944 (l of 1944) ;
(4) The Prevention of Food Adulteration Act, 1954
(37 of 1954) ;
(5) The Essential Commodities Act, 1955 (10 of 1955) ;
(6) The Securities Contracts (Regulation) Act, 1956
(42 of 1956) ;
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(7) The Income Tax Act, 1961 (43 of 1961) ;
(8) The Customs Act, 1962 (52 of 1962) ;
(9) The Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974) ;
(10) The Conservation of Foreign Exchange and Prevention
of Smuggling Activities Act, 1974 (52 of 1974) ;
(11) The Air (Prevention and Control of Pollution) Act, 1981
(14 of 1981) ;
(12) The Sick Industrial Companies (Special Provisions)
Act, 1985 (1 of 1986) ;
(13) The Environment (Protection) Act, 1986 (29 of 1986) ;
(14) The Prohibition of Benami Property Transactions
Act, 1988 (45 of 1988) ;
(15) The Prevention of Corruption Act, 1988 (49 of 1988) ;
(16) The Securities and Exchange Board of India Act, 1992
(15 of 1992) ;
(17) The Foreign Exchange Management Act, 1999
(42 of 1999) ;
(18) The Competition Act, 2002 (12 of 2003) ;
(19) The Prevention of Money Laundering Act, 2002
(15 of 2003) ;
(20) The Limited Liability Partnership Act, 2008
(6 of 2009) ;
(21) The Foreign Contribution (Regulation) Act, 2010
(42 of 2010) ;
(22) The Companies Act, 2013 (18 of 2013) or any previous
company law ;
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(23) The Black Money (Undisclosed Foreign Income and
Assets) and Imposition of Tax Act, 2015 (22 of 2015) ;
(24) The Insolvency and Bankruptcy Code, 2016
(31 of 2016) ;
(25) The Central Goods and Services Tax Act, 2017
(12 of 2017) and respective State Acts imposing State goods and
services tax ;
(26) Such other Acts as may be notified by the Central
Government.”.
39. Amendment of section 434 of Act 18 of 2013.––In section 434
of the Companies Act, 2013 [as substituted by paragraph 34 of the
Eleventh Schedule to the Insolvency and Bankruptcy Code, 2016], in
sub-section (1), in clause (c), after the proviso, the following proviso shall
be inserted, namely :––
“Provided further that any party or parties to any proceedings
relating to the winding up of companies pending before any Court
immediately before the commencement of the Insolvency and
Bankruptcy Code (Amendment) Ordinance, 2018, may file an
application for transfer of such proceedings and the Court may by
order transfer such proceedings to the Tribunal and the proceedings
so transferred shall be dealt with by the Tribunal as an application
for initiation of corporate insolvency resolution process under the
Insolvency and Bankruptcy Code, 2016 (31 of 2016).”.
RAM NATH KOVlND,
President.
–––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Government of India.