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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 29, 18 October 2018

Published 18 October 2018

Gazette no.
29
Identifier
in.gazette.jammuandkashmir.2018-10-18.29
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 .... 436-452 513-524 57-58 397-406 121-124 157-162

Printed at the Government Press, Srinagar.

436 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

PART I-A

Jammu & Kashmir Government–Orders

–––––––

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR (Exercising powers of Bar Council under section 58 of the Advocates Act, 1961).

Notification

No. 170 Dated 22-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Amit Birdi S/o Bhushan Lal Birdi R/o H. No. 163-A, New Plot, Jammu vide Notification No. 20 dated 06-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 171 Dated 22-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Mamta D/o Rajpaul R/o Kool Khurd (Arnia), Tehsil Bishnah, District Jammu vide Notification No. 71 dated 06-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 185 Dated 22-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Mashida Nazir D/o Nazir Ahmad Bhat R/o Chundpora (Rajpora), Baghander Mohalla, Pulwama vide Notification No. 963 dated 22-08-2017 has been declared as absolute/ final.

By order.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 437 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– Notification

No. 186 Dated 22-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Mir Younis Mohammad S/o Mir Ghulam Mohammad R/o Ranga Hamam, Srinagar vide Notification No. 70 dated 06-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 187 Dated 22-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Saeeba Mushtaq Bhat D/o Mushtaq Ahmad Bhat R/o Chanda Pora, Habba Kadal, Srinagar vide Notification No. 758 dated 03-12-2016 has been declared as absolute/final.

By order.

–––––––

Notification

No. 188 Dated 22-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Mohammad Abbas Lodhi S/o Bilal Ahmad Lodhi R/o Uderkhud Lassipora, Mohalla, Lodhi Khag, Budgam, A/P H. No. 820/SDA Colony, Bemina, Srinagar vide Notification No. 319 dated 06-06-2016 has been declared as absolute/final.

By order.

–––––––

Notification

No. 189 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. John Rais Ahmad Bhat S/o Bashir Ahmad Bhat R/o Ruhu Naik Mohalla, Anantnag vide Notification No. 833 dated 16-08-2017 has been declared as absolute/final.

By order.

–––––––

438 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

Notification

No. 190 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Saleem Jahangir Bhat

S/o Ab. Ahad Bhat R/o Mugal Mohalla, Chattabal, Srinagar vide

Notification No. 130 dated 07-04-2017 has been declared as

absolute/final.

By order.

–––––––

Notification

No. 191 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Irfan Rasool S/o Gh. Rasool Najar

R/o Dhobi Mohalla, Sogam, Chadoora, Budgam vide Notification

No. 145 dated 07-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 192 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Ms. Chander Kiran D/o Ram Dhan

R/o H. No. 113, Lane No. 18, Greater Kailash, Jammu vide Notification

No. 803 dated 16-08-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 193 Dated 23-05-2018.

Provisional admission as an Advocate granted under

the Advocates Act, 1961 in favour of Mr. Zahoor Ahmad Magray No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 439 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– S/o Ab. Ahad Magray R/o Mukdam Mohalla, Kandikhass, Handwara, Kupwara vide Notification No. 935 dated 21-08-2017 has been declared as absolute/final.

By order.

––––––––

No. 194 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Tajamul Islam S/o Mohd Iqbal Beigh R/o Kral Weth, Tangmarg, Baramulla, A/P Lane No. 3, Umar Colony B, Lal Bazar, Srinagar vide Notification No. 950 dated 21-08-2017 has been declared as absolute/final.

By order.

––––––––

Notification

No. 195 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Gambhir Dev Singh Charak S/o Gulchain Singh Charak R/o Charak Niwas, Lane No. 2, Greater Kailash, Jammu vide Notification No. 49 dated 06-04-2017 has been declared as absolute/final.

By order.

––––––––

Notification

No. 196 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Maria Muqaddas Malik D/o Tahir Qayoom Malik R/o Mohalla Sarafan, Tehsil Bhaderwah, Doda vide Notification No. 1008 dated 15-02-2017 has been declared as absolute/final.

By order.

––––––––

440 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

Notification

No. 198 Dated 23-05-2018.

Provisional admission as an Advocate granted under

the Advocates Act, 1961 in favour of Mr. Tawseef Ahmad Sheikh

S/o Mohd Rafiq Sheikh R/o New Colony, Shigan Pora, Kulgam

vide Notification No. 747 dated 15-11-2014 has been declared as

absolute/final.

By order.

––––––––

Notification

No. 197 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Ms. Shriya Sharma D/o Ajit Sharma

R/o H. No. 109, Lane No. 5, Mohalla Shiv Vihar, Janipur Colony, Jammu

vide Notification No. 902 dated 13-02-2017 has been declared as

absolute/final.

By order.

–––––––

Notification

No. 199 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Ms. Rohini Rajwal D/o Vijay Kumar

Dogra R/o Kandharnu, Nagrota Gujroo, Billawar, Kathua vide Notification

No. 853 dated 15-02-2016 has been declared as absolute/final.

By order.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 441 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– Notification

No. 200 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Vandhana Suberwal D/o Bachan Lal R/o H. No. 5, Lane No. 2, Chadan Vihar, Muthi, Jammu vide Notification No. 930 dated 21-08-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 201 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Irfan Shafi S/o Mohd Shafi Mattoo R/o Sarfaraz Colony, Rekh Zakura, Srinagar vide Notification No. 1234 dated 06-12-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 202 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Waseem Akram Khan S/o Mohd Latief Khan R/o Sakhi Maidan, Tehsil Mendhar, Poonch vide Notification No. 891 dated 13-02-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 203 Dated 23-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Abdul Hamid Shah S/o Abdul Aziz 442 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

Shah R/o 15-New Colony, Haji Bagh, Buchpora, Srinagar vide Notification

No. 370 dated 08-06-2016 has been declared as absolute/final.

By order.

–––––––

Notification

No. 204 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Tahir Ul Islam Dar S/o Gh. Mohd

Dar R/o Hari Pari Gam, Mohalla Alamdar Colony, Tehsil Awantipora,

Pulwama vide Notification No. 133 dated 07-04-2017 has been declared

as absolute/final.

By order.

–––––––

Notification

No. 205 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Suhaib Thakur S/o Mohamed Sidiq

Thakur R/oLasjan Bye-Pass, Pantha Chowk, Srinagar vide Notification

No. 1049 dated 23-03-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 206 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Soban Qadir S/o Ab. Qadir

Rather R/o Lasjan, Pantha Chowk, Srinagar vide Notification

No. 152 dated 07-04-2017 has been declared as absolute/final.

By order.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 443 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– Notification

No. 207 Dated 23-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Berjesh Badyal S/o Amar Nath

Badyal R/o Shahpur, Majalta, Udhampur A/P H. No. 24-D/1, Tawi Vihar

Colony, Sdhra, Jammu vide Notification No. 581 dated 29-11-2012 has

been declared as absolute/final.

By order.

–––––––

Notification

No. 208 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Ms. Zahida Aman D/o Mohd Aman

Mantoo R/o Kund Waltangoo, Qazigund, Tehsil Devsar, Kulgam

vide Notification No. 822 dated 15-02-2016 has been declared

as absolute/final.

By order.

–––––––

Notification

No. 209 Dated 25-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Zarafshan D/o Syed Mohd Akhlaq Qureshi R/o Suratang, Rainawari, Srinagar vide Notification No. 1077 dated 17-03-2016 has been declared as absolute/final.

By order.

–––––––

Notification

No. 218 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Diwan Singh S/o Padam Singh 444 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

R/o Village Kharangal, P. O. Chenri, Tehsil Gandow, Doda vide Notification

No. 807 dated 16-08-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 247 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Owaise Javeed S/o Javeed Iqbal

R/o Lal Bab Sahib, Armpora, Sopore, Baramulla vide Notification

No. 818 dated 12-02-2016 has been declared as absolute/final.

By order.

–––––––

Notification

No. 248 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Abdul Rouf Paray S/o Nazir Ahmad

Paray R/o Village Nuner, Khan Sahib, Budgam vide Notification

No. 362 dated 06-06-2016 has been declared as absolute/final.

By order.

–––––––

Notification

No. 249 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Aafaq Ahmad Parray S/o Nazir

Ahmad Parray R/o Ugjan, Dialgam, Anantnag vide Notification

No. 763 dated 16-08-2017 has been declared as absolute/final.

By order.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 445 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– Notification

No. 250 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Mohammd Rashid E Mehraj

S/o Qazi Mehraj Ud Din R/o Hajin Sonawari, Exchange Col. W. No. 1,

Tundpora, Bandipora vide Notification No. 940 dated 21-08-2017 has

been declared as absolute/final.

By order.

–––––––

Notification

No. 252 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Mudasir Ahmad Bhat S/o Gh. Nabi

Bhat R/o Dirhama, Heripora, Srigufwara, Anantnag vide Notification

No. 69 dated 06-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 253 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Mr. Arunav Kaul S/o Ravinder Kaul

R/o H. No. 504-A, Tawi Vihar Apartments, Sidhra, Jammu vide Notification

No. 34 dated 06-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 254 Dated 25-05-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Ms. Pooja Pandit D/o Brij Nath Pandit 446 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

R/o H. No. 532, Lane No. 3, Shiva Enclave, Roop Nagar, Jammu vide Notification No. 896 dated 19-08-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 255 Dated 25-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Khurshid Ahmad Allie S/o Gh. Nabi Allie R/o Soul Wanpora, Chekpora, Kulgam, Anantnag vide Notification No. 591 dated 16-10-2014 has been declared as absolute/final.

By order.

–––––––

Notification

No. 259 Dated 25-05-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Aamir Ali Bhat S/o Ali Mohammad Bhat R/o Village Bozgam, Kilam, Devsar, Kulgam vide Notification No. 33 dated 06-04-2017 has been declared as absolute/final.

By order.

–––––––

Notification

No. 410 Dated 13-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Anshu Mahajan S/o Arun Mahajan R/o H. No. 85, Street Mangotrian, Jain Bazar, Jammu vide Notification No. 1408 dated 30-03-2015 has been declared as absolute/final after condonation of delay.

By order.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 447 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– Notification

No. 411 Dated 13-06-2018.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Ramnik Bali S/o Sanjeev Bali R/o 12 C, IInd

Extn., Gandhi Nagar, Jammu vide Notification No. 878 dated 19-12-2014

for a period of one year has been extended till 31-12-2018 after condonation

of delay and subject to verification of his Certificates/LL.B Degrees from

the concerned University and verification of his charactor and antecedents

from the CID.

The renewal/extension of provisional licence/enrollment must be sought

before the date of expiry unless the absolute/final enrollment as an Advocate

is ordered there before.

–––––––

Notification

No. 412 Dated 13-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Vandana Kumari D/o Girdhari Lal R/o H. No. 199, W. No. 2, Tehsil Bishnah, District Jammu vide Notification No. 338 dated 06-06-2016 has been declared as absolute/final after condonation of delay.

By order.

–––––––

Notification

No. 413 Dated 13-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Rajesh Kumar S/o Rattan Lal R/o Bishnah, W. No. 9, H. No. 31, Jammu, Tehsil Bishnah, District Jammu vide Notification No. 24 dated 07-04-2016 has been declared as absolute/final after condonation of delay.

By order.

–––––––

448 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

Notification

No. 414 Dated 14-06-2018.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Muneeb Ahmed Wani S/o Gh. Mohi Ud Din Wani R/o Sarnal Payeen,

Anantnag, Kashmir, District Anantnag vide Notification No. 322 dated

06-06-2016 for a period of one year has been extended till 06-06-2019

after condonation of delay and subject to the verification of his

Certificates/LL.B Degrees from the concerned University and verification

of his character and antecedents from the CID.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

–––––––

Notification

No. 423 Dated 14-06-2018.

Provisional admission as an Advocate granted under the

Advocates Act, 1961 in favour of Ms. Mamta Kumari D/o Ranbir Singh

R/o Mera Jagir, Village Mera, Akhnoor, Jammu vide Notification

No. 92 dated 23-05-2013 has been declared as absolute/final after

condonation of delay.

–––––––

Notification

No. 425 Dated 14-06-2018.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Ms. Shagun Sharma D/o Gori Lal Sharma

R/o H. No. 91, Ward No. 06, Tehsil Katra, District Reasi

vide Notification No. 204 dated 29-05-2015 has been declared as

absolute/final after condonation of delay.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 449 –––––––––––––––––––––––––––––––––––––––––––––––––––——–––––––

Notification

No. 426 Dated 14-06-2018.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Dinesh Kumar S/o Madan Lal R/o H. No. 34,

Lane 27, Near Park Rajpura Mangotrian, Jammu vide Notification

No. 360 dated 05-10-2015 has been declared as absolute/final after

condonation of delay.

–––––––

Notification

No. 428 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Mohd Shazad S/o Mohd Shafi R/o Bhalla

Bashll (Bhalla), District Doda vide Notification No. 605 dated 01-12-2015

for a period of one year has been extended till 01-12-2018 after condonation

of delay and subject to the verification of his Certificates/LL.B Degrees

from the concerned University and verification of his character and

antecedents from the CID.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

–––––––

Notification

No. 429 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Adam Malik S/o Mohd Sultan Malik R/o Malik

Mohalla, Kupwara, Kashmir, District Kupwara vide Notification No. 878

dated 15-02-2016 for a period of one year has been extended till 15-02-2019

after condonation of delay and subject to the verification of his 450 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

Certificates/LL.B Degrees from the concerned University and verification of

his character and antecedents from the CID.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

–––––––

Notification

No. 430 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Urfan Mirza S/o Ajmal Hussain R/o Badhoon, Rajouri vide Notification No. 893 dated 22-12-2014 for a period of one year has been extended till 22-12-2018 after condonation of delay and subject to the verification of his Certificates/LL.B Degrees from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

–––––––

Notification

No. 432 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Eishaan Dadhichi S/o Parshotam Kumar Sharma R/o 276/A, Gandhi Nagar, Jammu vide Notification No. 776 dated 12-02-2016 for a period of one year has been extended till 12-02-2019 after condonation of delay and subject to the verification of his Certificates/LL.B Degrees from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

–––––––

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 451 –––––––––––––––––––––––––––––––––––––––––––––––––––——––––––– Notification

No. 434 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Digvijay Singh Bandral S/o Gopal Singh Bandral R/o Village Nardhani, Mohalla Nadral, P. O. Rajpura, Bantalab, Jammu vide Notification No. 750 dated 02-12-2016 for a period of one year has been extended till 02-12-2018 after condonation of delay and subject to the verification of his Certificates/LL.B Degrees from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

–––––––

Notification

No. 437 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Kalyani Singh D/o Avtar Krishan Singh R/o Kama Khan, W. No. 4, Near District Hospital, Poonch vide Notification No. 814 dated 01-03-2013 has been declared as absolute/final after condonation of delay.

By order.

–––––––

Notification

No. 439 Dated 18-06-2018.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Arushi Khajuria D/o Sham Sunder R/o H. No. 2, Gali Khilona, Pacca Danga, Jammu vide Notification No. 862 dated 19-12-2014 for a period of one year has been extended till 28-12-2018 after condonation of delay and subject to the verification of her Certificates/LL.B Degrees from the concerned University and verification of her character and antecedents from the CID.

452 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––—–––———–

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.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

–––––––

HIGH COURT OF JAMMU AND KASHMIR (Office of the Registrar General at Srinagar).

Notification

No. 629 Dated 14-09-2018.

It is hereby notified for information of all the concerned that 21st of September, 2018 (Friday) is declared as holiday on account of Ashura-i-Muharram for both wings of the High court. The Cases fixed for 21st of September (Friday) shall be listed on 24th of September, 2018 (Monday).

By order.

(Sd.) SANJAY DHAR,

Registrar General.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 131] Srinagar, Thu., the 18th Oct., 2018/26th Asv., 1940. [ No. 29

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

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––INFORMATION DEPARTMENT.

Subject :–Constitution of Three Member Committee in compliance of the Judgment of the Hon'ble Supreme Court of India dated 13–05–2015 passed in WP (C) No. 197/2004 and WP (C) No. 13/2003.

Reference :–INF/advt-125/2017/1813 dated 08–08–2018 of Directorate of

Information & PR, J&K, Jammu.

––––––

Government Order No. 36–ID of 2018

Dated 31–08–2018.

In partial modification to Government Order No. 09–ID of 2018 dated 22–02–2018, it is hereby ordered that Ms. Neha Jalali (IIS), Deputy Director, News Doordarshan Kendra, Jammu shall be the member of the 514 The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Three Member Committee in place of Mr. Sanjeet Khajuria, Deputy Director, News Doordarshan Kendra, Jammu.

The terms and conditions of the committee shall remain same as mentioned in the Government Order No. 09–ID of 2018 dated 22–02–2018.

By order of the Government of Jammu and Kashmir.

(Sd.) SARMAD HAFEEZ, IAS,

Secretary to the Government.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 161–Rev(LAJ) of 2018

Dated 20–03–2018.

Whereas, the land specifications whereof are given in "Annexure- A" to this notification, is required for public purpose viz. for construction of road from Sirla to Kalra Chanjood under PMGSY Phase-X, Batch-I under Pkg. No. JK14-42 at Village Kotli Manotraian, Tehsil Katra, District Reasi ;

Whereas, on the basis of an indent prepared by Executive Engineer, PMGSY Division, Reasi vide No. PMGSY/Udh-II/R/1785-89 dated 19–12–2014, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Katra, vide No. SDM/K/2016-17/ 2604-09 dated 23-03-2017 for land measuring 34 Kanals and 05½ Marlas, situated in Village Kotli Manotraian, Tehsil Katra, District Reasi ;

Whereas, the Collector, Land Acquisition (SDM), Katra vide No. SDM/ K/2017-18/3058 dated 14-10-2017 has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/ interested persons within the prescribed time period as required under

sections 5 & 5-A of the Land Acquisition Act ;

No. 29] The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. 515 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the report furnished by Collector, Land Acquisition (ADC),

Reasi vide his letter referred to above duly endorsed by District Collector

(DC), Reasi vide No. DC/RSI/17-18/986-87/SQ dated 04–01–2017, has

been examined and it has been found that the land owners did not file any

objection to the proposed acquisition ; and

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for construction of road

from Sirla to Kalra Chanjood under PMGSY Phase-X, Batch-I under Pkg.

No. JK14-42 at Village Kotli Manotraian, Tehsil Katra, District Reasi.

Now, therefore, in pursuance of section 6 of the J&K Land Acquisition

Act, Samvat 1990, it is declared that the land measuring 34 Kanals and 05½

Marlas situated in Village Kotli Manotraian, Tehsil Katra, District Reasi, particulars

whereof are given above is required for public purposes viz. for construction

of road from Sirla to Kalra Chanjood under PMGSY Phase-X, Batch-I under Pkg

No. JK14-42 at Village Manotraian, Tehsil Katra, District Reasi. Further, the Collector,

Land Acquisition (SDM), Katra 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 the Government,

Revenue Department.

–––––––

516 The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure––'A'

Particulars of the land

District Tehsil Village Kh. Nos. Area

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

K. M.

Reasi Katra Kotli Manotraian 52 min 10–17

07 01–09

51 min 02–02

10 01–12.50

11 05–10

12 03–01

37 03–06

13 00–05

34 00–17

34 min 01–06

33 04–00

–––––––

Total 34–5.50

––––––– No. 29] The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. 517 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 162–Rev(LAJ) of 2018

Dated 20–03–2018.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of Bhatyas Manoo road at Village

Chilly Paine Part–IV, Tehsil Bhalessa, District Doda ;

Particulars of land

District Tehsil Village Khasra Nos. Area

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

K. M.

Doda Gandoh Chilly Paine 162 min 00–03

Part-IV 166 min 00–05

164 min 00–10

165 min 00–12

163 min 00–09

290 min 00–10

360 min 01–10

–––––

Total 03–19

––––– 518 The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, on the basis of indent prepared by Executive Engineer, PWD Sub-Division, Gandoh vide No. 4423-27 dated 23-02-2010, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Gandoh, vide No. 126-32/LAS dated 30–05–2016, for land measuring 03 Kanals and 19 Marlas situated at Village Chilly Paine Part–IV, Tehsil Gandoh, District Doda ;

Whereas, the Collector, Land Acquisition (SDM) Gandoh vide No. 429-30/LAC dated 18-12-2017 has reported that the notification issued

under section 4 (1) of the J&K State Land Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition

(SDM), Gandoh vide above referred letter duly endorsed by District Collector (DC), Doda, vide No. 666/LAC/D/17 dated 03-02-2018 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. for construction of Bhatyas

Manoo road at Village Chilly Paine Part–IV, Tehsil Bhalessa 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 03 Kanals and 19 Marlas, situated in Village Chilly Paine Part–IV, Tehsil Gandoh, District Doda, particulars whereof are given above is required for public purposes viz. for construction of Bhatyas Manoo road at Village

Chilly Paine Part–IV, Tehsil Bhalessa, District Doda. Further, the Collector, Land Acquisition (DC), 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 No. 29] The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. 519 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 the Government, Revenue Department.

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 163–Rev(LAJ) of 2018

Dated 20–03–2018.

Whereas, the land specifications whereof are given at "Annexure-

A" to this notification, is required for public purpose viz for construction of

Bhalra to Diggi PMGSY road situated in Village Nagni, and Misrata, Tehsil

Bhaderwah, District Doda phase–X through PMGSY;

Whereas, on the basis of an indent prepared by Executive

Engineer, PMGSY Division, Bhaderwah vide No. PMGSY/D/1237

dated 04–07–2017 duly confirmed by Chief Engineer, PMGSY

JKRRDA, Jammu vide No. CE/PMGSY/J/14727-29 dated

22–09–2017, a notification under section 4 (1) was issued by

District Collector, Land Acquisition (DC), Doda, vide No. LAC/117-

18/500-508dated 09-11-2017 for land measuring 07 Kanals and 14

Marlas, situated in Village Nagni and Misrata, Tehsil Bhaderwah,

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

objections, if any, to the proposed acquisition, but no objection was received

from the land owners/interested persons within the prescribed time period

as required under sections 5 & 5-A of the Land Acquisition Act ;

520 The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the report furnished by District Collector, Land Acquisition

(ADC), Bhaderwah, vide No. ADC/LAC/16-17/637-38 dated 12–12–2017

above referred letter duly endorsed by District Collector (DC), Doda, vide

No. 563-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 Bhalra to

Diggi PMGSY road in Village Nagni and Misrata, Tehsil Bhaderwah, District

Doda.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring 07

Kanals and 14 Marlas situated in Village Nagni and Misrata, Tehsil

Bhaderwah, District Doda, particulars whereof are given above is required

for public purposes viz. for construction of Bhalra to Diggi PMGSY road in

Village Nagni and Misrata, Tehsil Bhaderwah, 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 the Government,

Revenue Department.

–––––––

No. 29] The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. 521 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure––'A'

District Tehsil Village Kh. Nos. Area

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

K. M.

Doda Bhaderwah Nagni 386 min 00–07

–––––

Total area of Village Nagni 00–07

–––––

Misrata 06 min 00–04

06 min 00–08

08 00–18

326 00–14

335 00–16

336 00–05

339 min 02–00

339 min 01–04

327 00–12

328 00–06

––––––

Total area of Village Misrata 07–07

––––––

Grand total area of both the Villages 07–14

––––––

–––––––

522 The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 164–Rev(LAJ) of 2018

Dated 26–03–2018.

Whereas, the land specifications whereof are given in "Annexure

"A" to this notification is required for public purpose viz. for widening/four

laning of Jammu-Akhnoor road in Village Nowabad, Tehsil and District

Jammu by NHIDCL ;

Whereas, on the basis of indent placed by General Manager

(P), NHIDCL, J&K, a notification under section 4 (1) was issued

by Collector, Land Acquisition (ACR), Jammu vide No. DCJ/LA/J-

A Road/2017-18/1232-38 dated 15-12-2017 for land measuring 129

Kanals and 11 Marlas situated at Village Nowabad, Tehsil and District

Jammu ;

Whereas, the Collector, Land Acquisition (ACR), Jammu vide

No. DCJ/LA/J-A Road/2017-18/1404-05 dated 06-01-2018 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 within 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), Jammu vide No. referred above duly endorsed by Deputy

Commissioner, Jammu vide No. DCJ/LA/J-A Road/Nowabad/2017-18/

1444-45 dated 09-01-2018 and by Divisional Commissioner, Jammu vide

No 502/3064/Acq/NHIDCL/Nowabad/J/18/4548-50 dated 07-03-2018 has No. 29] The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. 523 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 in "Annexure-A" to this notification, is required for public purpose

viz. for widening/four laning of Jammu-Akhnoor road in Village Nowabad,

Tehsil and District Jammu by NHIDCL.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that land measuring

129 Kanals and 11 Marlas, situated in Village Nowabad, Tehsil and District

Jammu, for widening/four laning of Jammu-Akhnoor road by NHIDCL,

particulars whereof are given in "Annexure-A" to this notification is required

for public purposes viz. for widening/four laning of Jammu-Akhnoor road

in Village Nowabad, Tehsil and District Jammu by NHIDCL. Further, the

Collector, Land Acquisition (ACR), Jammu 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.

––––––

524 The J&K Govt. Gazette, the 18th Oct., 2018/26th Asv., 1940. [No. 29 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure–'A'

Specification of land

District Tehsil Village Khasra Nos. Area

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

1 2 3 4 5

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

K. M.

Jammu Jammu Nowabad 51 00–01

53 00–03

64 46–13

235 00–12

236 03–13

237 01–12

275 04–13

276 00–04

277 00–08

288 00–10

290 00–08

291 13–13

367 57–00

483 00–01

–––––

Total 129–11

–––––

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Srinagar, Thu., the 18th Oct., 2018/26th Asv., 1940. [ No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

In pursuance to Government Order No. 184-FST of 2018 dated 25-05-2018, we the undersigned do hereby hand over and take over the charge of Divisional Forest Office, Poonch Forest Division today on the 28th of May, 2018 F. N.

(Sd.) SH. MOHD HUSSAIN, SFS,

Relieved Officer.

(Sd.) SH. MOHAN CHOUDHARY, IFS,

Relieving Officer.

–––––––

58 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Subject :—Assuming the charge of the post of Director General (Plg.),

Agriculture Production Department.

Reference :—Government Order No. 270-PD of 2018 dated 21-08-2018.

–––––––

Pursuant to Government Order No. 270-PD of 2018 dated 21-08-2018, I, Anil Kumar Gandotra, do hereby assume the charge of the post of Director General (Plg.), Agriculture Production Department today on 04-09-2018 (F. N.).

Dated : 04-09-2018.

Place : Srinagar.

(Sd.) A. K. GANDOTRA,

Director General (Plg.), Agriculture Production Department.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 131] Srinagar, Thu., the 18th Oct., 2018/26th Asv., 1940. [No. 29

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, DEPARTMENT OF COMMERCIAL TAXES EXCISE AND TAXATION COMPLEX, SOLINA, RAMBAGH, SRINAGAR.

Notification No.45/2018-GST

In exercise of the powers conferred by section 48, of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), read with sub-rule (3) of rule 83 of the Jammu and Kashmir Goods and Services Tax Rules, 2017, I, the Commissioner, on the recommendations of the Council, hereby notify the National Academy of Customs, Indirect Taxes and Narcotics, Department of Revenue, Ministry of Finance, Government of India, as the authority to conduct the examination as per the said sub-rule.

398 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29

––––––––––––––––––––––––––––––––––––––––––––––––—–––———— This notification shall be deemed to have come into force with

effect from 28th of May, 2018.

(Sd.)...........................

Commissioner, Commercial Taxes, Jammu and Kashmir.

––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ADDITIONAL DEPUTY COMMISSIONER), BILLAWAR, DISTRICT KATHUA.

Notification No. ADC/B/11 of 2018

Dated 16-02-2018.

Subject :– Notification under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat of PMGSY Road L028-Kohag to Lahari, Village Kohag.

–––––––––

In exercise of powers conferred under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat as amended up-to-date and indent placed by Chief Engineer, PMGSY, vide No. CEJ/PMGSY/2580-82 dated 03-05-2017, I, Joginder Singh Rai, (KAS), Collector, Land Acquisition (Additional Deputy Commissioner), Billawar do hereby notify the land particulars which are given below required for the public purpose namely for construction of road L028-Kohag to Lahari, Village Kohag under Pkg. No. JK07129 District Kathua by PMGSY.

Any objection to the acquisition of the said land be filed in the office of the undersigned within 15 days from the date of publication of this notification in the newspapers :––

Particulars of land

District Tehsil Village Kh. No. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Kathua Billawar Kohag 294 min 00–½

215 min 01–03 No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 399

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

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

233 min 01–14

818/228 min 02–09

226 min 02–03

215 min 00–12

227 min 01–04

182 min 02–13

898/156 min 13–08

–––––– Total 25–6.5 ––––––

(Sd.) JOGINDER SINGH RAI, (KAS),

Collector, Land Acquisition,

(Additional Deputy Commissioner),

Billawar.

––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ADDITIONAL DEPUTY COMMISSIONER), BILLAWAR, DISTRICT KATHUA.

Notification No. ADC/B/15 of 2018

Dated 06-03-2018.

Subject :– Notification under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat of PMGSY Road L024-Malhar to Marhoon, Village Malhar.

–––––––––

In exercise of powers conferred under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat as amended 400 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29

––––––––––––––––––––––––––––––––––––––––––––––––—–––———— up-to-date and indent placed by Chief Engineer, PMGSY, JKRRDA,

vide No. CEJ/PMGSY/2580-82 dated 03-05-2017, I, Joginder Singh

Rai, (KAS), Collector, Land Acquisition (Additional Deputy

Commissioner), Billawar do hereby notify the land particulars which

are given below are required for the public purpose namely for

construction of road L024-Malhar to Marhoon, Village Malhar under

Pkg. No. JK07136 District Kathua by PMGSY.

Any objection to the acquisition of the said land be filed to

the office of undersigned within 15 days from the date of publication

of this notification in the newspapers :––

Particulars of land

District Tehsil Village Kh. No. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Kathua Lohai-Malhar Malhar 134 min 00–07.5

1789/141 min 06–12

159 min 12–00

1589/164 min 10–00

171 min 03–12.5

1721/1705/1636/174 min 01–09

175 min 01–13

178 min 00–17

188 min 00–15

191 min 00–09 No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 401

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

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

1701/193 min 04–05

233 min 03–08

235 min 01–13

1924/237 min 01–02

1893/237 min 00–02

247 min 01–0.5

257 min 01–08

265 min 01–16.5

267 min 00–15.5

280 min 00–01

283 min 00–01

259 min 00–15

1946/1581/365 min 01–17.5

369 min 00–11.5

372 min 01–04

1910/373 min 00–14

374 min 00–09

397 min 17–00

429 min 13–00

430 min 01–13

1750/1575/531 min 08–0.5

552 min 00–13 402 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29

––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

585 min 00–08

556 min 01–04

1739/656 min 02–14

1909/237 min 00–1.5 –––––– Total 103–18.5 ––––––

(Sd.) JOGINDER SINGH RAI, (KAS),

Collector, Land Acquisition (Additional Deputy Commissioner), Billawar.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ADDITIONAL DEPUTY COMMISSIONER), BILLAWAR, DISTRICT KATHUA.

Notification No. ADC/B/16 of 2018

Dated 06-03-2018.

Subject :– Notification under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat of PMGSY Road "Dhar road (Sonota) to Garh Samnabanj, Village Kah".

–––––––––

In exercise of powers conferred under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat as amended up-to-date and indent placed by Executive Engineer, PMGSY Division Udhampur vide No. PMGSY/Div/Udh-1/943-46 dated 19-07-2008, I, Joginder Singh Rai, (KAS), Collector, Land Acquisition (Additional Deputy Commissioner), Billawar do hereby notify the land particulars which are given below are required for the public purpose namely for construction of road "Dhar road (Sonota) to Garh Samnabanj, Village Kah" under PMGSY phase-VI, Tehsil Ramkot.

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 403

–––––––––––––––––––––––––––––––––––––––––––––––––———–––––– Any objection to the acquisition of the said land be filed in the office of undersigned within 15 days from the date of publication of this notification in the newspapers :––

Particulars of land

District Tehsil Village Kh. No. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. S.

Kathua Ramkot Kah 1115 min 01–01–136

1115 min 00–07–45

1115 min 00–14–91

1115 min 01–07–271

1115 min 00–01–136

1115 min 00–01–136

1115 min 00–01–136

1115 min 23–17–03

1115 min 02–12–269

07 min 06–14–00

03 min 00–05–00

11 min 01–02–00

45 min 00–03–00

45 min 00–01–00

41/1 min 00–02–00

40 min 00–01–00

32 min 00–8.5-00

32 min 00–4.5-00

32 min 00–05–00

31 min 00–05–00

30 min 00–01–00

29 min 00–09–00

23 min 00–07–00

22 min 00–11–00

22 min 00–07–00 404 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29

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

1 2 3 4 5

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

K. M. S.

18 min 00–08–00

41 min 03–04–00

12 min 10–13–00

13 min 00–16–00

16 min 17–15–00

66 min 02–11–00

1115 min 00–1.5–00 –––––––– Total 77–1.5-00 ––––––––

(Sd.) JOGINDER SINGH RAI, (KAS),

Collector, Land Acquisition (Additional Deputy Commissioner), Billawar.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ADDITIONAL DEPUTY COMMISSIONER), BILLAWAR, DISTRICT KATHUA.

Notification No. ADC/B/17 of 2018

Dated 08-03-2018.

Subject :– Notification under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat of PMGSY Road Kishanpur to Mohalla Nargrotian, Village Dungara.

–––––––––

In exercise of powers conferred under section 4, sub-section (1) of the Land Acquisition Act, 1990 Samvat as amended up-to-date and indent placed by Chief Engineer, PMGSY, JKRRDA, vide No. CEJ/PMGSY/2580-82 dated 03-05-2017, I, Joginder Singh Rai, (KAS), Collector, Land Acquisition (Additional Deputy Commissioner), Billawar do hereby notify the land particulars which are given below are required for the public purpose namely for construction of road Kishanpur to Mohalla Nargrotian, Village Dungara under Pkg. No. JK0782 District Kathua by PMGSY.

No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 405

–––––––––––––––––––––––––––––––––––––––––––––––––———–––––– Any objection to the acquisition of the said land be filed in the office of undersigned within 15 days from the date of publication of this notification in the newspapers :––

Particulars of land

District Tehsil Village Kh. No. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Kathua Billawar Dungara 2941/1470 min 00–06 2939/1469 min 00–06 2937/1468 min 00–05 1467 min 00–02 1466 min 00–02 2923/1465 min 00–02 2931/1464 min 00–02 2931/1464 min 00–04 2931/1464 min 00–03 2930/1463 min 00–02 2930/1463 min 00–08 2925/1460 min 00–04 2927/1461 min 00–02 2899/1384 min 00–17 2899/1384 min 00–02 1383 min 00–04 1383 min 00–02 1383 min 00–02 1382 min 00–14 1381 min 00–11 1381 min 00–04 1462 min 04–01 727 min 00–07 727 min 00–04 727 min 00–02 741 min 01–18 2805/732 min 00–19 1293 min 01–18 1291 min 00–01 1291 min 01–05 406 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29

––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

1291 min 00–06 1391 min 00–18 1291 min 00–07 1291 min 00–06 1295 min 00–02 1295 min 00–01 1296 min 00–07 1296 min 00–12 1296 min 00–06 1297 min 00–09 1297 min 00–08 1297 min 00–11 1297 min 00–18 1297 min 01–16 1289 min 00–04 1298 min 00–13 1300 min 00–17 1300 min 00–06 1301 min 00–19 1301 min 00–15 1301 min 00–05 1301 min 01–17 1302 min 00–08 1274 min 05–06 1267 min 01–05

1266 min 02–04 ––––– Total 38–08 –––––

(Sd.) JOGINDER SINGH RAI, (KAS),

Collector, Land Acquisition

(Additional Deputy Commissioner),

Billawar.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Srinagar, Thu., the 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, RANBIR GOVERNMENT PRESS, JAMMU (TAWI)––180 005.

Short Term Tender Notice

Sealed tenders affixed with revenue stamps worth Rs. 5/- are

invited from the interested parties/registered private firms/authorized

dealer for the rate contract for supply of "Mill Board" as per below

mentioned specifications. The tenders should reach in this office of the

undersigned by or before 4.00 P. M. up to 22-10-2018 and shall be

opened on the same day or any other date convenient to the Petty "

122 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Purchase Committee of the department, in presence of the tenderers

or their representatives, who may like to be present on the opening

occasion :––

S. No. Material Required Quantity

–––––––––––––––––––––––––––––––––––––––––––––––– 1. Mill Board (27"x32") ½ lb. 5,000 Sheets

TERMS AND CONDITIONS :

1. Rates should be quoted FOR Press, including GST and other

charges.

2. The tenderers are advised to furnish earnest money of 2% of the tendered value in the shape of CDR/FDR duly pledged to the General Manager, Ranbir Govt. Press, Jammu.

3. Material should be supplied within 15 days from the date

of issuance of supply order.

4. Payment shall be made after proper survey of the material

by this department.

For and on behalf of the Governor of Jammu and Kashmir.

(Sd.) F. H. QADRI,

General Manager.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE GENERAL MANAGER, GOVERNMENT PRESS, SRINAGAR.

e-Tender Notice No. 06 of 2018 dated 01-10-2018

(Supply and installation of Compressor for Printing

Machines)

For and on behalf of the Governor of Jammu and Kashmir,

e-Tenders affixed with revenue stamps worth Rs. 5/- are invited from No. 29] The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. 123 –––––––––––––––––––––––––––––––––––––––––––––––––––––– manufacturers, authorized dealers for supply of Oil Based Vacuum

Pressure Pump annexed to this e-Tender notice with specifications in

the schedule forming part of terms and conditions of this NIT.

The e-Tender Notice can be downloaded/accessed on

www.jktenders.gov.in

01 Date of issue of Tender Notice 29-09-2018

02 Period of downloading of 01-10-2018 (11.00 A. M.) to

documents 15-10-2018

03 Bid submission start date 01-10-2018 (12.00 Noon)

04 Bid submission end date 16-10-2018 (4.00 P. M.)

05 Last date for receiving hard 17-10-2018 (4.00 P. M.)

copy of (original tender fee

and earnest money in the

prescribed form)

06 Date and time of opening of 19-10-2018 (11.30 A. M.)

technical/financial bids

07 Sale of tender form against DD 01-10-2018 to 15-10-2018

(Non-refundable) of Rs. 200/- (3.00 P. M.)

pledged in favour of Accounts

Officer, Govt. Press, Srinagar

08 Earnest Money Rs. 10,000/- or equivalent to

2% of their Tendered Cost.

However, the registered SSI

Units are required to furnish

50% of the prescribed earnest

money subject to minimum

of Rs. 5,000/-.

The uploaded bids on the website will be opened as per above

schedule in the Office of the General Manager (Convener), Purchase 124 The J&K Govt. Gazette, 18th Oct., 2018/26th Asv., 1940. [No. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Committee, Government Press, Srinagar in presence of bidders who

wish to attend. In case of holiday or office remain closed due to

unavoidable circumstances, on the date of opening of bid, the bids will

be opened on the next working day and will be communicated

accordingly to the bidders through e-mail or telephonically.

(Sd.) AIJAZ AHMAD AKHOON,

General Manager.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 131] Srinagar, Sat., the 6th Oct., 2018/14th Asv., 1940. [No. 27-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, DIRECTORATE OF RURAL DEVELOPMENT DEPARTMENT, LAL MANDI, SRINAGAR-KASHMIR.

Notification No. 04-DRDK of 2018

Dated 06-10-2018.

Whereas, in pursuance of the provisions of sub-section (3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended up to 2018 and sub-rule (1-A) of Rule 4 of Panchayati Raj Rules, 1996 amended up to September, 2018 and as per SRO–181 dated 18th June, 2004, the Director, Rural Development, Kashmir has been appointed as prescribed authority to reserve/allotment of Sarpanch/Panch seats for SC/ST/Women & ST in the Panchayat Election of Kashmir Division ;

Whereas, a draft proposal notification was issued by this office vide Notification Order No. 1046-DRDK of 2018 dated 26-09-2018 for 2 The J&K Govt. Gazette, 6th Oct., 2018/14th Asv., 1940. [No. 27-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

reservation/allotment of SC/ST/Women & ST Sarpanch constituencies in the Districts of Kashmir Division ;

Whereas, draft proposed notification was published in leading

Newspapers of Kashmir Division for inviting objections/suggestions and

response, if any, from general public ;

Whereas, some objections/suggestions and representations were

received by concerned Block Development Officers/District Panchayat

Officers of Kashmir Division and the same were furnished to this Directorate

by the concerned District Panchayat Officers along with their specific

comments/recommendations for final decision ;

Whereas, the objections/suggestions and recommendations were

examined and disposed of in light of provisions of J&K Panchayati Raj

Act, 1989 and Rules.

Now, therefore, in exercise of powers conferred under sub-section

(3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended

up to 2018 and sub-rule (1-A) of rule 4 of Panchayati Raj Rules, 1996

amended up to September, 2018 and as per SRO–181 dated 18th June,

2004, I, Director, Rural Development, Kashmir hereby reserve and allot

Sarpanch Seats for SC/ST/Women & ST in each Halqa Panchayat of District

Anantnag, Bandipora, Baramulla, Budgam, Ganderbal, Kargil, Kulgam

Kupwara, Leh, Pulwama, Shopain and Srinagar as per the details given in

the enclosed statement forming Annexure to this notification. The said details

are also available on the website of this Directorate www.drdk.nic.in.

(Sd.)...............................

Prescribed Authority

(Director),

Rural Development Department,

Kashmir.

––––––––

N

o SARPANCH RESERVATION FOR SC/ST/WOMEN & ST IN RESPECT OF DISTRICT ANANTNAG

.

2 7

-

– – – – – – –

3

] District District Block Block No. & Name of Sarpanch Reservation No. Name No. Name Pyt. Halqa for SC/ST/Women & —

T h e

J

ST (Where proporation of ST population is comparatively large)

& K

G ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

o v

1 2 3 4 5 6

t .

G

a z e –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– AN-06 Anantnag 01 Achabal PH-01 Akingam A Gn Women

t t

e

,

PH-04 B. B. Nowagam Gn Women

6

t

PH-07 Brenty A Gn Women

h

PH-10 Damhal Gn Women

O

c

PH-13 H. Tooru Gn Women

t . ,

PH-16 Issoo Gn Women

PH-19 Khundoora Gn Women

2 0 1 8

/

1 4

PH-22 Shelipora Gn Women

t

h

PH-25 Tailwani A Gn Women

A

s v

. ,

02 Anantnag PH-01 Anzwalla Gn Women

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

PH-04 Bon Dialgam Gn Women

1 9 4 0

.

PH-07 Danter Gn Women

PH-10 Kanjigund Gn Women

3

— — —

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

4

1 2 3 4 5 6

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

PH-13 Mirgund Gn Women

T h e

J

PH-16 Peth Dialgam Gn Women

& K

PH-19 Shoul Gn Women

G

PH-22 Uranhall A Gn Women

o v

t .

G

03 Bijbehara PH-01 Adder Gn Women

a z e

t t

PH-04 Dupatyar Gn Women

e

,

6

PH-07 H. P. Bagh Gn Women

t

h

PH-10 Jablipora B Gn Women

O

c

PH-13 Katoo Gn Women

t . ,

PH-16 Loktipora Hafizabad Gn Women

PH-19 Marahama C Gn Women

2 0 1 8

/

PH-22 Rakhi Hassanpora Gn Women

1 4

t

h

PH-25 Shalgam Gn Women

A

PH-28 Waghama Bala Gn Women

s v

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

. ,

—

04 Breng PH-01 Adhall Gn Women

– – –

1 9 4 0

.

PH-03 Ahlan Bala ST Reserved

[

N

PH-04 Ahlan Gadole Gn Women

o

.

(Ratherpora) B

2 7

-

3

PH-05 Ahlan Payeen ST Reserved

— — — — —

N

o

PH-06 Chree ST Reserved

.

PH-07 Devalgam Gn Women

2 7

-

– – – – – – –

3

]

PH-09 Gadole A ST Reserved

—

PH-10 Gadole C ST Women

T h e

J

PH-13 Kehripora Gn Women

& K

PH-16 Magraypora ST Women

G

PH-19 Senzi B Gn Women

o v

t .

PH-22 Soaf B Gn Women

G

PH-23 Sundbrari A ST Reserved

a z e

t t

e

,

PH-24 Sundbrari B ST Reserved

6

t

PH-25 Takiya Magam A Gn Women

h

PH-28 Wangam A2 (Soyan) Gn Women

O

c

t . ,

05 Chittergul PH-01 Aho Paison Gn Women

PH-04 Brimmer Gn Women

2 0 1 8

/

PH-05 Chaklipora ST Reserved

1 4

t

h

PH-07 Chittergul A Gn Women

A

PH-10 Chowgam ST Women

s v

. ,

PH-13 Panchalthan Gn Women

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

PH-15 Rakhi Brah ST Reserved

1 9 4 0

.

06 D. Pora PH-01 Adlash Magam Gn Women

5

— — —

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

6

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– T h e

PH-04 Budroo Gn Women

J

PH-07 Hattigam Gn Women

& K

PH-10 Kathsoo Gn Women

G

PH-13 Khiram Gujrat Gn Women

o v

t .

PH-14 Lehendajan ST Reserved

G

PH-16 Mahind Gn Women

a z e

t t

e

,

PH-19 Saller B Gn Women

6

t

PH-21 Sheikhpora ST Reserved

h

PH-22 Sirhama A Gn Women

O

c

PH-25 Srigufwara Gn Women

t . ,

PH-28 Viddy Gn Women

2 0 1 8

/

07 Hiller PH-01 Changoo Gn Women

1 4

t

h

PH-04 Dingowari ST Women

A

PH-07 Manzmoh ST Women

s v

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

. ,

PH-10 Sadiwara B Gn Women

—

– – –

1 9 4 0

.

08 K. Pora PH-01 Akura Gn Women

[

N

PH-04 Bun Nambal A Gn Women

o

.

PH-07 Fohar Gn Women

2 7

-

3

PH-10 Hapatnard B Gn Women

— — — — —

N

PH-13 Herpora Nanil Gn Women

o

.

PH-16 Khairbugh Gn Women

2 7

-

– – – – – – –

3

]

PH-19 Nowgam A Gn Women

—

PH-22 Panzmullah Gn Women

T h e

J

PH-25 Rambirpora B Gn Women

& K

PH-28 Salia B Gn Women

G

PH-31 Vail Nagbal A ST Women

o v

t .

G

09 Larnoo PH-01 Arthur Gn Women

a z e

t t

PH-03 Dandipora ST Reserved

e

,

6

PH-04 Dandipora A Gn Women

t

h

PH-07 Draway Gn Women

O

c

PH-08 Gadvail ST Reserved

t . ,

PH-09 Guridraman A ST Reserved

PH-10 Guridraman B Gn Women

2 0 1 8

/

PH-11 Hallan ST Reserved

1 4

t

h

PH-13 Khreti Gn Women

A

PH-16 Mathindoo Gn Women

s v

. ,

PH-18 Mati Bidhard ST Reserved

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

1 9 4 0

PH-19 Mati Gowran B Gn Women

.

PH-22 Pindobal ST Women

7

— — —

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

8

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– T h e

10 Pahalgam PH-01 Ainoo Brai Gn Women

J

PH-04 Dehwatoo Gn Women

& K

PH-07 Grendwon Gn Women

G

o v

t .

PH-10 Kuller Payeen Gn Women PH-11 Lidroo ST Reserved

G

PH-13 Mandlana Gn Women

a z e

t t

e

,

PH-14 Owoora ST Reserved

6

t

PH-15 Veerseran ST Reserved

h

PH-16 Wahadan Gn Women

O

c

PH-17 Wajoora ST Reserved

t . ,

11 Qazigund PH-01 Drenen Gn Women

2 0 1 8

/

1 4

PH-04 Panzeth A Gn Women

t

h

PH-07 Sransoo Gn Women

A

s v

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

. ,

—

12 Sagam PH-01 Arhama Gn Women

– – –

PH-04 Hiller Gn Women

1 9 4 0

.

[

PH-07 Lisser Chawalgam Gn Women

N

o

.

PH-10 Narupora C Gn Women

2 7

-

PH-13 Sagam B Gn Women

3

— — — — —

N

13 Shahabad PH-01 A. K. Pora Gn Women

o

.

PH-04 Bragam Gn Women

2 7

-

– – – – – – –

3

]

PH-07 Hakura A Gn Women

—

PH-10 Larkipora A Gn Women

T h e

J

PH-13 Mantpora Gn Women

& K

PH-16 Nowpora A Gn Women

G

PH-19 Schichen Gn Women

o v

t .

G

14 Shangus PH-01 Brarangan A ST Women

a z e

t t

e

PH-02 Brariangan B ST Reserved

,

6

t

PH-04 Khulchohar Gn Women

h

PH-07 Krad B Gn Women

O

c

PH-10 Nowgam B Gn Women

t . ,

PH-13 Raniepora Gn Women

2 0 1 8

PH-16 Sheikhpora Gn Women

/

1 4

t

h

15 Verinag PH-01 Batagund A Gn Women

A

PH-04 Chohan Gn Women

s v

. ,

PH-07 Hasidar B Gn Women

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

PH-08 Hergawas ST Reserved

1 9 4 0

.

PH-09 Hingipora ST Reserved

9

— — —

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

1 0

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– T h e

PH-10 Kapran Gn Women

J

PH-13 Omoh A Gn Women

& K

PH-16 Qammer B Gn Women

G

o v

t .

16 Vessu PH-01 Bumthan Gn Women

G

a z e

PH-04 L. G. Pora 'A' Gn Women

t t

e

,

PH-07 Malpora Gn Women

6

t

h

PH-10 Sadoora A Gn Women

O

c

t . ,

(Sd.) .........................

2 0 1 8

/

Prescribed Authority,

1 4

t

Under Panchayati Raj Act, 1989,

h

A

Director,

s v

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

. ,

Rural Development Department,

—

Kashmir. – – –

1 9 4 0

.

[

N

o

.

2 7

-

3

— — — — —

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 131] Srinagar, Sat., the 6th Oct., 2018/14th Asv., 1940. [No. 27-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, DIRECTORATE OF RURAL DEVELOPMENT DEPARTMENT,

LAL MANDI, SRINAGAR-KASHMIR.

Notification No. 04-DRDK of 2018

Dated 06-10-2018.

Whereas, in pursuance of the provisions of sub-section (3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended up to 2018 and sub-rule (1-A) of Rule 4 of Panchayati Raj Rules, 1996 amended up to September, 2018 and as per SRO–181 dated 18th June, 2004, the Director, Rural Development, Kashmir has been appointed as prescribed authority to reserve/allotment of Sarpanch/Panch seats for

SC/ST/Women & ST in the Panchayat Election of Kashmir Division ;

Whereas, a draft proposal notification was issued by this office vide Notification Order No. 1046-DRDK of 2018 dated 26-09-2018 for 2 The J&K Govt. Gazette, 6th Oct., 2018/14th Asv., 1940. [No. 27-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

reservation/allotment of SC/ST/Women & ST Sarpanch constituencies in

the Districts of Kashmir Division ;

Whereas, draft proposed notification was published in leading

Newspapers of Kashmir Division for inviting objections/suggestions and

response, if any, from general public ;

Whereas, some objections/suggestions and representations were

received by concerned Block Development Officers/District Panchayat

Officers of Kashmir Division and the same were furnished to this Directorate

by the concerned District Panchayat Officers along with their specific

comments/recommendations for final decision ;

Whereas, the objections/suggestions and recommendations were

examined and disposed of in light of provisions of J&K Panchayati Raj Act,

1989 and Rules.

Now, therefore, in exercise of powers conferred under sub-section

(3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended

up to 2018 and sub-rule (1-A) of rule 4 of Panchayati Raj Rules, 1996

amended up to September, 2018 and as per SRO–181 dated 18th June,

2004, I, Director, Rural Development, Kashmir hereby reserve and allot

Sarpanch Seats for SC/ST/Women & ST in each Halqa Panchayat of District

Anantnag, Bandipora, Baramulla, Budgam, Ganderbal, Kargil, Kulgam

Kupwara, Leh, Pulwama, Shopian and Srinagar as per the details given in

the enclosed statement forming Annexure to this notification. The said details

are also available on the website of this Directorate www.drdk.nic.in.

(Sd.)...............................

Prescribed Authority

(Director),

Rural Development Department,

Kashmir.

––––––––

N

SARPANCH RESERVATION FOR SC/ST/WOMEN & ST IN RESPECT OF DISTRICT BARAMULLA

o

.

2 7

-

5

] District District Block Block No. & Name of Sarpanch Reservation No. Name No. Name Pyt. Halqa for SC/ST/Women

and

T h e

J

& K

ST (Where proporation of ST population is comparatively large)

G

o v

6

t .

G

a z e

t t

e

,

6

t

h

O

c

t . , ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– BLA-02 Baramulla 01 Baramulla PH-01 Chandoosa-A Gn Women PH-04 Delina-B Gn Women PH-07 Fatehpora Gn Women PH-10 Hudpora Gn Women PH-13 Kanispora-A Gn Women PH-15 Katiyanwali ST Reserved PH-16 Khadniyar Gn Women

2 0 1 8

/

1 4

t

h

A 02 Bijhama PH-01 Bagna Gn Women PH-04 Lachipora-A Gn Women PH-07 Niloosa Gn Women

s v

. ,

1 9 4 0

.

03 Boniyar PH-01 Bairdian Gn Women PH-04 Bela Salamabad Gn Women PH-07 Maidanan ST Women

3

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

PH-10 Trikanjan Gn Women 4

6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

T h e

J

& K 04 Chandil PH-01 Buderkote Gn Women Wanigam PH-04 Devpora Gn Women

G

o v

t .

G

a z e 05 Hardaboora PH-01 Goigam Gn Women PH-04 Hardaboora-B Gn Women PH-07 Larkipora Gn Women PH-10 Utikoo Gn Women

t t

e

,

6

t

h 06 Kandi-Belt PH-01 Chatoosa Gn Women Rafiabad PH-04 Pakhwara Gn Women

O

c

t . , 07 Khaipora PH-01 Chanderseer Gn Women PH-04 Harnow Kawcheck Gn Women

2 0 1 8

/

1 4

t

h

A

s v 08 Kunzer PH-01 Devbugh Gn Women PH-04 Hayatpora Gn Women PH-07 Mulgam Gn Women PH-10 Raram Gn Women

. ,

1 9 4 0

.

09 Lalpora PH-01 Chichilora Gn Women PH-04 Lalpora-B Gn Women PH-07 Mughama Gn Women

[

N

o

.

2 7

- 10 Nadihal PH-01 Achabal-A Gn Women PH-04 Binner-B Gn Women

5

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – N

PH-07 Doabgah-B Gn Women

o

.

PH-10 Nadihal-B Gn Women

2 7

-

5

]

PH-13 Venkara Gn Women

11 Narwav PH-01 Audoora Gn Women

T h e

J

PH-04 Fatehgrah Gn Women

& K

PH-07 Heewan-A Gn Women

G

PH-10 Kawhaar Gn Women

o v

PH-13 Malpora Gn Women

t .

G

PH-16 Zandfaran Gn Women

a z e

t t

12 Noorkhah PH-01 Ahtishampora Gn Women

e

,

6

PH-04 Ijara Gn Women

t

h

PH-07 Naganari Gn Women

O

c

PH-10 Pringal Warikha Gn Women

t . ,

13 Parewnpillan PH-01 Choolan Gn Women

2 0 1 8

/

PH-04 Dawaran Gn Women

1 4

t

h

PH-07 Gawalta ST Women

A

PH-10 Gohallan ST Women

s v

. ,

PH-13 Kundibarjala Gn Women

PH-14 Nawarunda ST Reserved

1 9 4 0

.

PH-16 Salamabad Gn Women

PH-19 Sultan Daki Gn Women

5

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 6

6

T h e

J ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14 Pattan PH-01 Buchoo Gn Women

& K

PH-04 Dangerpora Gn Women

G

PH-07 Goshbugh-A Gn Women

o v

PH-10 Indergam Gn Women

t .

G

PH-13 Nehalpora-B Gn Women

a z e

PH-16 Palhallan-A Gn Women

t t

e

,

PH-19 Palhallan-D Gn Women

6

t

PH-22 Palhallan-G Gn Women

h

PH-25 Sariwarpora-B Gn Women

O

c

PH-28 Sultanpora-C Gn Women

t . ,

PH-31 Tapper Waripora Gn Women

2 0 1 8

PH-34 Wanigam Bala Gn Women

/

1 4

PH-37 Wussan-A Gn Women

t

h

A 15 Rafiabad PH-01 Bakhipora Gn Women

s v

. ,

PH-04 Chanum Gn Women

PH-07 Dangiwacha Gn Women

1 9 4 0

.

PH-10 Hib-Dangerpora Gn Women

PH-13 Saripara Gn Women

[

N

o

.

16 Rohama PH-01 Balhama Gn Women

2 7

-

5

PH-04 Chijhama Gn Women

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – N

PH-07 Hadipora-B Gn Women

o

.

PH-10 Ladu Ladoora Gn Women

2 7

-

5

PH-13 Patoosa Gn Women

]

PH-16 Rohama-A Gn Women

PH-19 Shutloo Gn Women

T h e

J

17 Sangrama PH-01 Aamargarh Gn Women

& K

PH-04 Gurseer Gn Women

G

o v

PH-07 Krankshivan Gn Women

t .

PH-10 Panzipora Gn Women

G

PH-13 Renji Gn Women

a z e

t t

e

,

18 Sherabad Khore PH-01 Agriklan Gn Women

6

t

h

PH-04 Dangerpora Gn Women

O

c

PH-07 Hanjiwera Bala Gn Women

t . ,

PH-10 Malmooh Gn Women

2 0 1 8

/ 19 Singhpora PH-01 Bonichakal-A Gn Women

1 4

t

PH-04 Chanabal-B Gn Women

h

PH-07 Gund Ibrahim Gn Women

A

s v

PH-10 Hangiwara-A Gn Women

. ,

PH-13 K. P. Payeen-A Gn Women

PH-16 Khanpeth Gn Women

1 9 4 0

.

PH-19 Mirchimar Gn Women

7

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

PH-22 Om Buran Gn Women

8

6

T h e ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

J

20 Sopore PH-01 Adipora Gn Women

& K

PH-04 Nowpora-A Gn Women

G

PH-07 Seelu Gn Women

o v

t .

PH-10 Tarzoo-B Gn Women

G

21 Tangmarg PH-01 Baba Reshi Gn Women

a z e

t t

e

Chatipathri

,

6

t

PH-04 Drung Gn Women

h

PH-07 Ferozpora-B Gn Women

O

c

PH-10 Hariwatnoo Gn Women

t . ,

PH-13 Mulbangil Gn Women

2 0 1 8

PH-16 Qazipora-A Gn Women

/

1 4

t

h 22 Tujjar Sharief PH-01 Bomai Gn Women

A

PH-04 Goripora Gn Women

s v

. ,

PH-07 Nathipora Gn Women

PH-10 Tujar-A Gn Women

1 9 4 0

.

PH-13 Yemberzalwari Gn Women

[

N 23 Uri PH-01 Balkote Gn Women

o

.

PH-02 Churunda ST Reserved

2 7

-

5

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

PH-04 Garkoot-B ST Women N

PH-07 Mohara Gn Women

o

.

PH-10 Nambla-C ST Women

2 7

-

5

]

24 Wagoora PH-01 Authoora Gn Women

PH-02 Bandi Bala ST Reserved

T h e

J

PH-04 Bandi Payeen-B Gn Women

& K

PH-07 Dawlatpora Gn Women

G

PH-10 Hail Jagir Gn Women

o v

t .

PH-13 Kakovthal-A Gn Women

G

PH-16 Kreeri-A Gn Women

a z e

t t

PH-19 Naji Bhat Gn Women

e

,

6

PH-22 Saloosa Gn Women

t

h

PH-25 Shrakwara Gn Women

O

c

PH-28 Wagoora-A Gn Women

t . ,

PH-31 Waripora Bala Gn Women

2 0 1 8

/

1 4 25 Wailoo PH-01 Babakhaipora Gn Women

t

h

PH-04 Hrdushoora Gn Women

A

PH-07 Turkbatpora Gn Women

s v

. ,

26 Zaingeer PH-01 Botingoo-A Gn Women

1 9 4 0

.

PH-04 Dangerpora-A Gn Women

PH-07 Duroo-A Gn Women

9

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 1 0

6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– T h e

PH-10 Hathlangoo Gn Women

J

PH-13 Mundji Gn Women

& K

PH-16 Rashidabad Machipora Gn Women

G

o v

PH-19 Shiva-B Gn Women

t .

G

a z e

(Sd.)............................... t t

e

,

6

t

h

O

c

t . ,

Prescribed Authority, Under Panchayati Raj Act, 1989, Director, Rural Development Department, Kashmir.

2 0 1 8

/

1 4

t

h

A

s v

. ,

1 9 4 0

.

[

N

o

.

2 7

-

5

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 131] Srinagar, Sat., the 6th Oct., 2018/14th Asv., 1940. [No. 27-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, DIRECTORATE OF RURAL DEVELOPMENT DEPARTMENT,

LAL MANDI, SRINAGAR-KASHMIR.

Notification No. 04-DRDK of 2018

Dated 06-10-2018.

Whereas, in pursuance of the provisions of sub-section (3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended up to 2018 and sub-rule (1-A) of Rule 4 of Panchayati Raj Rules, 1996 amended up to September, 2018 and as per SRO–181 dated 18th June, 2004, the Director, Rural Development, Kashmir has been appointed as prescribed authority to reserve/allotment of Sarpanch/Panch seats for

SC/ST/Women & ST in the Panchayat Election of Kashmir Division ;

Whereas, a draft proposal notification was issued by this office vide Notification Order No. 1046-DRDK of 2018 dated 26-09-2018 for 2 The J&K Govt. Gazette, 6th Oct., 2018/14th Asv., 1940. [No. 27-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

reservation/allotment of SC/ST/Women & ST Sarpanch constituencies in

the Districts of Kashmir Division ;

Whereas, draft proposed notification was published in leading

Newspapers of Kashmir Division for inviting objections/suggestions and

response, if any, from general public ;

Whereas, some objections/suggestions and representations were

received by concerned Block Development Officers/District Panchayat

Officers of Kashmir Division and the same were furnished to this Directorate

by the concerned District Panchayat Officers along with their specific

comments/recommendations for final decision ;

Whereas, the objections/suggestions and recommendations were

examined and disposed of in light of provisions of J&K Panchayati Raj Act,

1989 and Rules.

Now, therefore, in exercise of powers conferred under sub-section

(3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended

up to 2018 and sub-rule (1-A) of rule 4 of Panchayati Raj Rules, 1996

amended up to September, 2018 and as per SRO–181 dated 18th June,

2004, I, Director, Rural Development, Kashmir hereby reserve and allot

Sarpanch Seats for SC/ST/Women & ST in each Halqa Panchayat of District

Anantnag, Bandipora, Baramulla, Budgam, Ganderbal, Kargil, Kulgam

Kupwara, Leh, Pulwama, Shopian and Srinagar as per the details given in

the enclosed statement forming Annexure to this notification. The said details

are also available on the website of this Directorate www.drdk.nic.in.

(Sd.)...............................

Prescribed Authority

(Director),

Rural Development Department,

Kashmir.

––––––––

N

SARPANCH RESERVATION FOR SC/ST/WOMEN & ST IN RESPECT OF DISTRICT GANDERBAL

o

.

2 7

-

7

] District District Block Block No. & Name of Sarpanch Reservation No. Name No. Name Pyt. Halqa for SC/ST/Women

and

T h e

J

& K

ST (Where proporation of ST population is comparatively large)

G

o v

6

t .

G ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GBL-16 Ganderbal 01 Ganderbal PH-01 Arch Gn Women

a z e

t t

e

,

6

t

h

O

c

t . ,

2 0 1 8

/

1 4

PH-04 Bakoora Gn Women PH-07 Darend Gn Women PH-10 Khalmulla Gn Women PH-13 Nagbal Gn Women PH-16 Serch Gn Women PH-19 Tulmulla-A Gn Women PH-22 Tulmulla-D Gn Women PH-25 Warpoh Gn Women

t

h

A 02 Gund PH-01 Fraw Haknar-A Gn Women

s v

. ,

1 9 4 0

.

PH-02 Fraw Haknar-B ST Reserved PH-03 Ganiwan-A ST Reserved PH-04 Ganiwan-B ST Women PH-07 Kullan-A Gn Women PH-08 Kullan-B ST Reserved

3

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 4

6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

T h e

J

& K

G

PH-10 Sonamarg-A Gn Women PH-13 Sumbal ST Women PH-14 Surfraw-A ST Reserved PH-15 Surfraw-B ST Reserved

o v

t .

G

a z e

t t

e

,

6

t

h

O

c

t . ,

2 0 1 8

/

1 4

t

h

A

s v

. ,

1 9 4 0

.

[

N

o

.

2 7

- 03 Kangan PH-01 Akhal-A Gn Women PH-04 Barwulla Gn Women PH-06 Chattergul-A ST Reserved PH-07 Chattergul-B Gn Women PH-10 Cheerwan-B Gn Women PH-13 Kachnambal-B ST Women PH-16 Khanan Gn Women PH-19 Mammer-B ST Women PH-20 Margund ST Reserved PH-21 Poshker ST Reserved PH-22 Preng-A Gn Women PH-24 Thune-A ST Reserved PH-25 Thune-B Gn Women PH-26 Thune-C ST Reserved PH-27 Wangath-A ST Reserved PH-28 Wangath-B ST Women PH-29 Wangath-C ST Reserved PH-31 Wussan-B Gn Women PH-32 Yachama ST Reserved

7

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – N

o

.

2 7

-

7

]

T h e

J

& K

G 04 Lar PH-01 Anderwan-A ST Women PH-04 Arhama-B Gn Women PH-07 Bonizil Gn Women PH-08 Chuntwaliwar-A ST Reserved PH-10 Chuntwaliwar-C Gn Women PH-13 Lar-A Gn Women PH-16 Manigam-B Gn Women PH-19 Repora-B Gn Women PH-22 Watalbagh Gn Women

o v

t .

G 05 Safapora PH-01 Pehlipora-A Gn Women PH-04 Safapora-B Gn Women

a z e

t t

e

,

6

t

h 06 Sherpathri PH-01 Gogjigund Gn Women PH-04 Kurag Gn Women PH-07 Shallabugh-A Gn Women

O

c

t . ,

2 0 1 8

/ 07 Wakura PH-01 Barsoo Gn Women PH-04 Dab Gn Women PH-07 Kurhama-B Gn Women PH-10 Waskoora-A Gn Women

1 4

t

h

(Sd.)...............................

A

s v

. ,

1 9 4 0

.

5

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

Prescribed Authority, Under Panchayati Raj Act, 1989, Director, Rural Development Department, Kashmir.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––---––––––––––––––––––––––––––

Vol. 131] Srinagar, Sat., the 6th Oct., 2018/14th Asv., 1940. [No. 27-14 –––––––––––––––––––––––––––––---––––––––––––––––––––––––––––––– 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, DIRECTORATE OF RURAL DEVELOPMENT DEPARTMENT,

LAL MANDI, SRINAGAR-KASHMIR.

Notification No. 04-DRDK of 2018

Dated 06-10-2018.

Whereas, in pursuance of the provisions of sub-section (3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended up to 2018 and sub-rule (1-A) of Rule 4 of Panchayati Raj Rules, 1996 amended up to September, 2018 and as per SRO–181 dated 18th June, 2004, the Director, Rural Development, Kashmir has been appointed as prescribed authority to reserve/allotment of Sarpanch/Panch seats for

SC/ST/Women & ST in the Panchayat Election of Kashmir Division ;

Whereas, a draft proposal notification was issued by this office vide Notification Order No. 1046-DRDK of 2018 dated 26-09-2018 for 2 The J&K Govt. Gazette, 6th Oct., 2018/14th Asv., 1940. [No. 27-14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

reservation/allotment of SC/ST/Women & ST Sarpanch constituencies in

the Districts of Kashmir Division ;

Whereas, draft proposed notification was published in leading

Newspapers of Kashmir Division for inviting objections/suggestions and

response, if any, from general public ;

Whereas, some objections/suggestions and representations were

received by concerned Block Development Officers/District Panchayat

Officers of Kashmir Division and the same were furnished to this Directorate

by the concerned District Panchayat Officers along with their specific

comments/recommendations for final decision ;

Whereas, the objections/suggestions and recommendations were

examined and disposed of in light of provisions of J&K Panchayati Raj

Act, 1989 and Rules.

Now, therefore, in exercise of powers conferred under sub-section

(3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended

up to 2018 and sub-rule (1-A) of rule 4 of Panchayati Raj Rules, 1996

amended up to September, 2018 and as per SRO–181 dated 18th June,

2004, I, Director, Rural Development, Kashmir hereby reserve and allot

Sarpanch Seats for SC/ST/Women & ST in each Halqa Panchayat of District

Anantnag, Bandipora, Baramulla, Budgam, Ganderbal, Kargil, Kulgam

Kupwara, Leh, Pulwama, Shopian and Srinagar as per the details given in

the enclosed statement forming Annexure to this notification. The said details

are also available on the website of this Directorate www.drdk.nic.in.

(Sd.)...............................

Prescribed Authority

(Director),

Rural Development Department,

Kashmir.

––––––––

N

SARPANCH RESERVATION FOR SC/ST/WOMEN & ST IN RESPECT OF DISTRICT SRINAGAR

o

.

2 7

- District District Block Block No. & Name of Sarpanch Reservation No. Name No. Name Pyt. Halqa for SC/ST/Women

1 4

]

T h e

J

and ST (Where proporation of ST population is comparatively large)

& K

G –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SR-03 Srinagar 01 Harwan PH-01 Dara A Gn Women

o v

t .

G

a z e

PH-03 Faqir Gujri A ST Reserved PH-04 Faqir Gujri B ST Women PH-07 Syed Pora Gn Women

t t

e

,

6

t

h 01 Khanmoh PH-01 Balhama A Gn Women PH-04 Khanmoh B Gn Women

O

c

03 Qamarwari PH-01 Panzinara A Gn Women

t . ,

2 0 1 8

/ 04 Srinagar PH-01 Lasjan A Gn Women PH-04 Nowgam B Gn Women

1 4

t

h

(Sd.)...............................

A

s v

. ,

1 9 4 0

.

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

Prescribed Authority, Under Panchayati Raj Act, 1989, Director, Rural Development Department, Kashmir.

3 EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 131] Srinagar, Sat., the 6th Oct., 2018/14th Asv., 1940. [No. 27-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II––B

Notifications, Notices and Orders by Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF RURAL DEVELOPMENT DEPARTMENT,

LAL MANDI, SRINAGAR-KASHMIR.

Notification No. 04-DRDK of 2018

Dated 06-10-2018.

Whereas, in pursuance of the provisions of sub-section (3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended up to 2018 and sub-rule (1-A) of Rule 4 of Panchayati Raj Rules, 1996 amended up to September, 2018 and as per SRO–181 dated 18th June, 2004, the Director, Rural Development, Kashmir has been appointed as prescribed authority to reserve/allotment of Sarpanch/Panch seats for

SC/ST/Women & ST in the Panchayat Election of Kashmir Division ;

Whereas, a draft proposal notification was issued by this office vide Notification Order No. 1046-DRDK of 2018 dated 26-09-2018 for 2 The J&K Govt. Gazette, 6th Oct., 2018/14th Asv., 1940. [No. 27-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

reservation/allotment of SC/ST/Women & ST Sarpanch constituencies in

the Districts of Kashmir Division ;

Whereas, draft proposed notification was published in leading

Newspapers of Kashmir Division for inviting objections/suggestions and

response, if any, from general public ;

Whereas, some objections/suggestions and representations were

received by concerned Block Development Officers/District Panchayat

Officers of Kashmir Division and the same were furnished to this Directorate

by the concerned District Panchayat Officers along with their specific

comments/recommendations for final decision ;

Whereas, the objections/suggestions and recommendations were

examined and disposed of in light of provisions of J&K Panchayati Raj Act,

1989 and Rules.

Now, therefore, in exercise of powers conferred under sub-section

(3) of section 4 of Jammu and Kashmir Panchayati Raj Act, 1989 amended

up to 2018 and sub-rule (1-A) of rule 4 of Panchayati Raj Rules, 1996

amended up to September, 2018 and as per SRO–181 dated 18th June,

2004, I, Director, Rural Development, Kashmir hereby reserve and allot

Sarpanch Seats for SC/ST/Women & ST in each Halqa Panchayat of District

Anantnag, Bandipora, Baramulla, Budgam, Ganderbal, Kargil, Kulgam

Kupwara, Leh, Pulwama, Shopian and Srinagar as per the details given in

the enclosed statement forming Annexure to this notification. The said details

are also available on the website of this Directorate www.drdk.nic.in.

(Sd.)...............................

Prescribed Authority

(Director),

Rural Development Department,

Kashmir.

––––––––

N

SARPANCH RESERVATION FOR SC/ST/WOMEN & ST IN RESPECT OF DISTRICT BANDIPORA

o

.

2 7

-

4

] District District Block Block No. & Name of Sarpanch Reservation No. Name No. Name Pyt. Halqa for SC/ST/Women

and

T h e

J

& K

ST (Where proporation of ST population is comparatively large)

G

o v

6

t .

G

a z e

t t

e

,

6

t

h

O

c

t . ,

2 0 1 8

/

1 4

t ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Ban-15 Bandipora 01 Aloosa PH-01 Aloosa-A Gn Women PH-04 Ashatngoo Gn Women PH-06 Benlipora-A ST Reserved PH-07 Benlipora-B ST Women PH-10 Kema Gn Women PH-13 Malangam-B ST Women PH-14 Malangam-C ST Reserved PH-16 MuqamGn Women PH-17 Muqam-A ST Reserved PH-19 Quil-A Gn Women

h

A

s v

. ,

1 9 4 0

.

02 Arin PH-01 Arin-A Gn Women PH-04 C. A. Khan ST Women PH-07 Gundi-Qaisar Gn Women PH-10 KudaraST Women PH-13 Sumlar-A Gn Women PH-14 Sumlar-B ST Reserved

3

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 4

6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

T h e

J

03 Baktoor PH-01 Gulshanpora ST Women

& K

Bagtoor

G

PH-02 Kanzalwan ST Reserved

o v

t .

04 Bandipora PH-01 Aragam Gn Women

G

a z e

t t

e

,

6

t

h

O

c

t . ,

2 0 1 8

/

1 4

t

PH-02 Aragam-Gojerpati ST Reserved

PH-04 Brar Gn Women

PH-06 Chatibanday-B ST Reserved

PH-07 Chatibanday-C ST Women

PH-10 Garoora-B Gn Women

PH-13 Lowdara Gn Women

PH-16 Nadihal-C Gn Women

PH-19 Panzigam Gn Women

PH-22 Putushaie Gn Women

PH-25 Watapora-B Gn Women

h

A

05 Bonakoot PH-01 Ahmshareef Gn Women

s v

. ,

1 9 4 0

.

[

N

o

.

2 7

-

PH-02 Athwatoo ST Reserved

PH-03 Badbhootu ST Reserved

PH-04 Bonkoot-A Gn Women

PH-07 Bonkoot-D ST Women

PH-10 Kralpora Gn Women

PH-12 Pannar ST Reserved

PH-13 Sonerwani-A Gn Women

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 4 N

o 06 Ganstan PH-01 Dangerpora Gn Women

.

PH-04 Gund Khalail Gn Women

2 7

-

4

]

07 GurezPH-01 Dawar-A ST Women

PH-02 Dawar-B ST Reserved

T h e

J

PH-03 Khandayal ST Reserved

PH-04 Markoot ST Women

& K

PH-05 Shahpora Bala ST Reserved

G

o v

PH-06 Shahpora Payeen ST Reserved

t .

PH-07 Wanpora ST Women

G

PH-08 Badwan ST Reserved

a z e

t t

e

,

08 Hajin PH-01 Ajas-A Gn Women

6

t

h

PH-04 Ajas-D Gn Women

O

PH-05 Ajas-E ST Reserved

c

t . ,

PH-07 Baharabad-B Gn Women

PH-10 Gundi Preng Gn Women

2 0 1 8

/

PH-13 Madwan-A Gn Women

1 4

t

PH-16 S. K. Bala-A Gn Women

h

PH-19 Sadonara-A Gn Women

A

s v

. ,

09 Naidkhai PH-01 Gundiboon Gn Women

PH-04 Markundal Gn Women

1 9 4 0

.

PH-07 Naidkhai-C Gn Women

PH-10 Shahgund-A Gn Women

5

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 6

6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

T h e

J 10 Nowgam PH-01 Gadakhud Gn Women

PH-04 Nowgam-B Gn Women

& K

G

11 SumbalPH-01 Asham-A Gn Women

o v

t .

G

PH-04 Naninara Gn Women PH-07 Shadipora Gn Women

a z e

t t

12 TulailPH-01 Buduaab ST Women

e

,

6

t

h

O

c

t . ,

2 0 1 8

/

1 4

t

h

A

PH-02 Budugam ST Reserved PH-03 Buglinder-A ST Reserved PH-04 Buglinder-B ST Women PH-05 GujranST Reserved PH-06 Jurnayal-A ST Reserved PH-07 Jurnayal-B ST Women PH-08 NeeruST Reserved PH-09 Zadigay-A ST Reserved PH-10 Zadigay-B ST Reserved

s v

. ,

(Sd.)............................... 1 9 4 0

.

[

N

o

.

2 7

-

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 4

Prescribed Authority, Under Panchayati Raj Act, 1989, Director, Rural Development Department, Kashmir.

EXTRAORDINARY REGD. NO. JK–33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Srinagar, Wed., the 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Legislation Section)

Srinagar, the 26th September, 2018.

The following Act has been assented to by the Governor on

26th September, 2018 and is hereby published for general information :––

THE JAMMU AND KASHMIR COMMERCIAL COURTS

ACT, 2018.

(Governor Act No. XIII of 2018)

[26th September, 2018.]

Enacted by the Governor in the Sixty-ninth Year of the Republic of

India.

2 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– An Act to provide for the constitution of Commercial Courts for

adjudicating commercial disputes of specified value and matters connected

therewith or incidental thereto.

In exercise of the powers vested under Proclamation No. P-1/18

of 2018 dated 20th June, 2018, the Governor is pleased to enact as

follows :––

CHAPTER I

Preliminary

l. Short title, extent and commencement.––(1) This Act may be

called the Jammu and Kashmir Commercial Courts Act, 2018.

(2) It shall come into force from the date of its publication in the

Government Gazette.

2. Definitions.––(1) In this Act, unless the context otherwise

requires,––

(a) "Commercial Appellate Courts" means the Commercial

Appellate Courts designated under section 4 ;

(b) "Commercial Court" means the Commercial Court constituted

under sub-section (1) of section 3 ;

(c) "Commercial dispute" means a dispute arising out of––

(i) ordinary transactions of merchants, bankers, financiers

and traders such as those relating to mercantile documents,

including enforcement and interpretation of such

documents ;

(ii) export or import of merchandise or services ;

(iii) issues relating to admiralty and maritime law ;

(iv) transactions relating to aircraft, aircraft engines, aircraft

equipment and helicopters, including sales, leasing and

financing of the same ;

(v) carriage of goods ;

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (vi) construction and infrastructure contracts, including

tenders ;

(vii) agreements relating to immovable property used

exclusively in trade or commerce ;

(viii) franchising agreements ;

(ix) distribution and licensing agreements ;

(x) management and consultancy agreements ;

(xi) joint venture agreements ;

(xii) shareholders agreements ;

(xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financial services ;

(xiv) mercantile agency and mercantile usage ;

(xv) partnership agreements ;

(xvi) technology development agreements ;

(xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits ;

(xviii) agreements for sale of goods or provision of services ;

(xix) exploitation of oil and gas reserves or other natural

resources including electromagnetic spectrum ;

(xx) insurance and re-insurance ;

(xxi) contracts of agency relating to any of the above ; and

(xxii) such other commercial disputes as may be notified by the

Central Governrnent.

Explanation :–– A commercial dispute shall not cease to be a

commercial dispute merely because––

(a) it also involves action for recovery of immovable

property or for realization of monies out of immovable 4 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– property given as security or involves any other relief

pertaining to immovable property ;

(b) one of the contracting parties is the State or any of its

agencies or instrumentalities, or a private body carrying

out public functions ;

(d) "District Judge" shall have the same meaning as assigned to it

in clause (a) of section 109 of the Constitution of the Jammu and

Kashmir ;

(e) "document" means any matter expressed or described upon

any substance by means of letters, figures or marks, or electronic

means, or by more than one of those means, intended to be used,

or which may be used, for the purpose of recording that matter ;

(f) "Government" means the Government of Jammu and

Kashmir ;

(g) "High Court" means the High Court of Jammu and Kashmir ;

(h) "Notification" means a notification published in the Government

Gazette and the expression notify with its cognate meanings and

grammatical variations shall be construed accordingly ;

(i) "Schedule" means the Schedule appended to the Act ;

(j) "Specified Value", in relation to a commercial dispute, shall

mean the value of the subject matter in respect of a suit as

determined in accordance with section 8 which shall not be less

than one crore rupees or such higher value, as may be notified

by the Central Government ; and

(k) "State" means the State of Jammu and Kashmir.

(2) The words and expressions used and not defined in this Act but

defined in the Code of Civil Procedure, Samvat 1977 and the Jammu and

Kashmir Evidence Act, Samvat 1977 shall have the same meanings respectively

assigned to them in that Code and the Act.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER II

Constitution of Commercial Courts and Commercial

Appellate Courts

3. Constitution of Commercial Courts.––(l) The Government, may

after consultation with the High Court, by notification, constitute or designate

such number of Commercial Courts at District or Divisional level, as it may

deem necessary for the purpose of exercising the jurisdiction and powers

conferred on those Courts under this Act.

(2) Notwithstanding anything contained in this Act, the Government

may, after consultation with the High Court, by notification, specify such

pecuniary value of the jurisdiction of a Commercial Court, which shall not be

less than three lakh rupees or such higher value, for whole or part of the

State, as it may consider necessary.

(3) The Government shall, after consultation, with the High Court

specify, by notification, the local limits of the area to which the jurisdiction of

a Commercial Court shall extend and may, from time to time, increase, reduce

or alter such limits.

(4) The Government may, with the concurrence of the Chief Justice of

the High Court appoint one or more persons having experience in dealing with

commercial disputes to be the Judge or Judges, of a Commercial Court either

at the level of District Judge or a court below the level of a District Judge.

4. Designation of Commercial Appellate Courts.––The Government

may, after consultation with the High Court, by notification, designate such

number of Commercial Appellate Courts at District Judge level, as it may

deem necessary, for the purposes of exercising the jurisdiction and powers

conferred on those Courts under this Act.

5. Jurisdiction of Commercial Court.––The Commercial Court shall

have jurisdiction to try all suits and applications relating to a commercial dispute

of a Specified Value arising out of the territory over which it has been vested

territorial jurisdiction.

Explanation :–– For the purposes of this section, a commercial dispute shall

be considered to arise out of the territory over which a

Commercial Court has been vested jurisdiction, if the suit or 6 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– application relating to such commercial dispute has been

instituted as per the provisions of sections 16 to 20 of the

Code of Civil Procedure, Samvat 1977.

6. Bar against revision application or petition against an

interlocutory order.––Notwithstanding anything contained in any other law

for the time being in force, no civil revision application or petition shall be

entertained against any interlocutory order of a Commercial Court, including

an order on the issue of jurisdiction, and any such challenge, subject to the

provisions of section 10, shall be raised only in an appeal against the decree of

the Commercial Court.

7. Bar of jurisdiction of Commercial Courts.––Notwithstanding

anything contained in this Act, a Commercial Court shall not entertain or decide

any suit, application or proceedings relating to any commercial dispute in respect

of which the jurisdiction of the civil court is either expressly or impliedly barred

under any other law for the time being in force.

CHAPTER III

Specified Value

8. Determination of Specified Value.––(1) The Specified Value of the

subject-matter of the commercial dispute in a suit, appeal or application shall

be determined in the following manner :––

(a) where the relief sought in a suit or application is for recovery of

money, the money sought to be recovered in the suit or application

inclusive of interest, if any, computed up to the date of filing of

the suit or application, as the case may be, shall be taken into

account for determining such Specified Value ;

(b) where the relief sought in a suit, appeal or application relates to

movable property or to a right therein, the market value of the

movable property as on the date of filing of the suit, appeal or

application, as the case may be, shall be taken into account for

determining such Specified Value ;

(c) where the relief sought in a suit, appeal or application relates to

immovable property or to a right therein, the market value of the

immovable property, as on the date of filing of the suit, appeal or No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– application, as the case may be, shall be taken into account for

determining Specified Value ;

(d) where the relief sought in a suit, appeal or application relates to any other intangible right, the market value of the said rights as estimated by the plaintiff shall be taken into account for determining Specified Value.

(2) The aggregate value of the claim and counterclaim, if any as set out in the statement of claim and the counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether such arbitration is subject to the jurisdiction of a Commercial Court, as the case may be.

(3) No appeal or civil revision application under section 115 of the Code of Civil Procedure, Samvat 1977 as the case may be, shall lie from an order of a Commercial Court finding that it has jurisdiction to hear a commercial dispute under this Act.

CHAPTER IV

Pre-institution Mediation and Settlement

9. Pre-Institution Mediation and Settlement.––(1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation in accordance with such manner and procedure as may be prescribed by rules made by the High Court.

(2) The High Court may, by notification, authorize the Authorities constituted under section 89 of the Code of Civil Procedure, Samvat 1977 or under the Jammu and Kashmir Legal Services Authorities Act, 1997, or any other institution, for the purposes of pre-institution mediation.

(3) Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 or the Jammu and Kashmir Legal Services Authorities Act, 1997, the mediation institution under sub-section (2) shall complete the process of mediation within a period of three months from the date of application made by the plaintiff under sub-section (1) :

Provided that the period of mediation may be extended for a further

period of two months with the consent of the parties :

Provided further that, the period during which the parties

remained occupied with the pre-institution mediation, such period shall 8 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– not be computed for the purpose of limitation under the Limitation Act,

Samvat 1995.

(4) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator.

(5) The settlement arrived at under this section shall have the same status and effect as if it is an arbitral award on agreed terms under sub-section (4) of the section 30 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997.

(6) The plaintiff shall have liberty to institute his suit, if he has made all reasonable efforts to invoke mediation in accordance with the provisions of this section and the defendant either fails to appear for mediation or does not give his consent for mediation.

CHAPTER V

Appeals

10. Appeals from decrees of Commercial Courts.––(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order.

(2) Any person aggrieved by the Judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction may appeal to the High Court within a period of sixty days from the date of the judgment or order :

Provided that an appeal shall lie from such orders passed by a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, Samvat 1977 as amended by this Act and section 37 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997.

(3) Notwithstanding anything contained in any other law for the time being in force or Letters Patent of High Court, no appeal shall lie from any order or decree of a Commercial Court otherwise than in accordance with the provisions of this Act.

11. Expeditious disposal of appeals.––The Commercial Appellate Court shall endeavor to dispose of appeals filed before it within a period of six months from the date of filing of such appeal.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER VI

Transfer of Pending Suits

12. Transfer of pending cases.––(1) All suits and applications,

including applications under the Jammu and Kashmir Arbitration and

Conciliation Act, 1997, relating to a commercial dispute of a Specified Value

pending in any civil court in any district or area in respect of which a

Commercial Court has been constituted, shall be transferred to such

Commercial Court :

Provided that no suit or application where the final judgment has been

reserved by the Court prior to the constitution of the Commercial Court shall

be transferred.

(2) Where any suit or application, including an application under the

Jammu and Kashmir Arbitration and Conciliation Act, 1997, relating to a

commercial dispute of Specified Value shall stand transferred to the Commercial

Court the provisions of this Act shall apply to those procedures that were not

complete at the time of transfer.

(3) The Commercial Court, may hold case management hearings in

respect of such transferred suit or application in order to prescribe new

timelines or issue such further directions as may be necessary for a speedy

and efficacious disposal of such suit or application in accordance with

Order XIV-A of the Code of Civil Procedure, Samvat 1977 :

Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the

Code of Civil Procedure, Samvat 1977 shall not apply to such transferred suit

or application and the court may, in its discretion, prescribe a new time period

within which the written statement shall be filed.

CHAPTER VII

Amendments to the Provisions of the Jammu and Kashmir Code of

Civil Procedure, Samvat 1977

13. Amendments to the Code of Civil Procedure, Samvat 1977 in its

application to commercial disputes.––(1) The provisions of the Code of

Civil Procedure, Samvat 1977 shall, in their application to any suit in respect

of a commercial dispute of a Specified Value, stand amended in the manner

as specified in the Schedule.

10 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The Commercial Court shall follow the provisions of the Code of

Civil Procedure, Samvat 1977, as amended by this Act, in the trial of a suit in

respect of a commercial dispute of a Specified Value.

(3) Where any provision or any rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure, Samvat 1977 by the State Government is in conflict with the provisions of the Code of Civil Procedure, Samvat 1977, as amended by this Act, the provisions of the Code of Civil Procedure as amended by this Act shall prevail.

CHAPTER VIII

Miscellaneous

14. Collection and disclosure of data by Commercial Courts and Commercial Appellate Courts.––The statistical data regarding the number of suits, applications and appeals filed before the Commercial Courts and Commercial Appellate Courts, as the case may be, the pendency of such cases, the status of each case, and the number of cases disposed of, shall be maintained and updated every month by each Commercial Courts and Commercial Appellate Courts and shall be published on the website of the High Court.

15. Power of High Court to issue directions.––The High Court may, by notification, issue practice directions to supplement the provisions of Chapter II of this Act or the Code of Civil Procedure, Samvat 1977 insofar as such provisions apply to the hearing of commercial disputes of a Specified Value.

16. Infrastructure facilities.––The Government shall provide necessary

infrastructure to facilitate the working of a Commercial Courts.

17. Training and continuous education.––The Government may, in consultation with the High Court, establish necessary facilities providing for training of Judges who may be appointed to the Commercial Courts and Commercial Appellate Courts.

18. Act to have overriding effect.––Save as otherwise provided, the

provisions of this Act shall have effect, notwithstanding anything inconsistent

therewith contained in any other law for the time being in force or in any

instrument having effect by virtue of any law for the time being in force other

than this Act.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 19. Power to make rules.––(1) The Government in consultation with

the High Court may by notification make rules for carrying out the provisions

of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for or any of the following matters,

namely :––

(a) the manner and procedure of pre-institution mediation under

sub-section (1) of section 12.

(b) any other matter which is required to be, or may be, prescribed

or in respect of which provision is to be made by rules made by

the High Court.

20. Power to remove difficulties.––(1) If any difficulty arises in

giving effect to the provisions of this Act, the Central Government may, by

order published in the Government Gazette, make such provisions, not

inconsistent with the provisions of this Act as may appear to it to be necessary

or expedient for removing the difficulty :

Provided that no such order shall be made under this section after the

expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may

be, after it is made, before each House of Parliament.

–––––––

12 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE

(See section 13)

1. Amendment of section 26.––In section 26 of the Code of

Civil Procedure, Samvat 1977 (hereafter referred to as the Code), in

sub-section (2), the following proviso shall be inserted, namely :––

"Provided that such an affidavit shall be in the form and manner as

prescribed under Rule 15A of Order VI".

2. Substitution of new section for section 35.––For section 35 of

the Code, the following section shall be substituted, namely :––

35. Costs.––(1) In relation to any commercial dispute, the Court,

notwithstanding anything contained in any other law for the time

being in force or rule, has the discretion to determine :

(a) whether costs are payable by one party to another ;

(b) the quantum of those costs ; and

(c) when they are to be paid.

Explanation :–– For the purpose of clause (a), the expression

"costs" shall mean reasonable costs relating to––

(i) the fees and expenses of the witnesses incurred ;

(ii) legal fees and expenses incurred ;

(iii) any other expenses incurred in connection with the

proceedings.

(2) If the Court decides to make an order for payment of costs, the

general rule is that the unsuccessful party shall be ordered to pay the

costs of the successful party :

Provided that the Court may make an order deviating from the general

rule for reasons to be recorded in writing.

Illustration

The Plaintiff, in his suit, seeks a money decree for breach of contract,

and damages. The Court holds that the Plaintiff is entitled to the No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– money decree. However, it returns a finding that the claim for damages

is frivolous and vexatious.

In such circumstances the Court may impose costs on the Plaintiff,

despite the Plaintiff being the successful party, for having raised

frivolous claims for damages.

(3) In making an order for the payment of costs, the Court shall

have regard to the following circumstances, including :––

(a) the conduct of the parties ;

(b) whether a party has succeeded on part of its case, even

if that party has not been wholly successful ;

(c) whether the party had made a frivolous counterclaim

leading to delay in the disposal of the case ;

(d) whether any reasonable offer to settle is made by a party

and unreasonably refused by the other party ; and

(e) whether the party had made a frivolous claim and instituted

a vexatious proceeding wasting the time of the Court.

(4) The orders which the Court may make under this provision include

an order that a party must pay––

(a) a proportion of another party's costs ;

(b) a stated amount in respect of another party's costs ;

(c) costs from or until a certain date ;

(d) costs incurred before proceedings have begun ;

(e) costs relating to particular steps taken in the

proceedings ;

(f) costs relating to a distinct part of the proceedings ; and

(g) interest on costs from or until a certain date.

3. Amendment of section 35A.––In section 35A of the Code,

sub-section (2) shall be omitted.

14 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 4. Amendment of First Schedule.––In the First Schedule to the

Code,––-

(A) in the Order V, in Rule 1, in sub-rule (1), for the second proviso,

the following proviso shall be substituted, namely :––

"Provided further that where the defendant fails to file the written

statement within the said period of thirty days, he shall be allowed

to file the written statement on such other day, as may be specified

by the Court, for reasons to be recorded in writing and on payment

of such costs as the Court deems fit, but which shall not be later

than one hundred twenty days from the date of service of summons

and on expiry of one hundred twenty days from the date of service

of summons, the defendant shall forfeit the right to file the written

statement and the Court shall not allow the written statement to

be taken on record." ;

(B) in Order VI,––

(i) after Rule 3, the following Rule shall be inserted,

namely :––

"3A. Forms of pleading in Commercial Courts.––

In a commercial dispute, where forms of pleadings have

been prescribed under the High Court Rules or Practice

Directions made for the purposes of such commercial

disputes, pleadings shall be in such forms." ;

(ii) after Rule 15, the following Rule shall be inserted,

namely :––

"15A. Verification of pleadings in a commercial

dispute.––(1) Notwithstanding anything contained in

Rule 15, every pleading in a commercial dispute shall be

verified by an affidavit in the manner and form prescribed

in the Appendix to this Schedule.

(2) An affidavit under sub-rule (1) above shall be signed

by the party or by one of the parties to the proceedings,

or by any other person on behalf of such party or parties

who is proved to the satisfaction of the Court to be No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– acquainted with the facts of the case and who is duly

authorized by such party or parties.

(3) Where a pleading is amended, the amendments

must be verified in the form and manner referred to in

sub-rule (1) unless the Court orders otherwise.

(4) Where a pleading is not verified in the manner

provided under sub-rule (1), the party shall not be

permitted to rely on such pleading as evidence or any of

the matters set out therein.

(5) The Court may strike out a pleading which is not

verified by a Statement of Truth, namely, the affidavit

set out in the Appendix to this Schedule." ;

(C) in Order VII, after Rule 2, the following Rule shall be

inserted, namely :––

"2A. Where interest is sought in the suit.––(1) Where the

plaintiff seeks interest, the plaint shall contain a statement to that

effect along with the details set out under sub-rules (2) and (3).

(2) Where the plaintiff seeks interest, the plaint shall state whether

the plaintiff is seeking interest in relation to a commercial

transaction within the meaning of section 34 of the Code of Civil

Procedure, Samvat 1977 and, furthermore, if the plaintiff is doing

so under the terms of a contract or under an Act, in which case

the Act is to be specified in the plaint ; or on some other basis

and shall state the basis of that.

(3) Pleadings shall also state––

(a) the rate at which interest is claimed ;

(b) the date from which it is claimed ;

(c) the date to which it is calculated ;

(d) the total amount of interest claimed to the date of

calculation ; and

(e) the daily rate at which interest accrues after that

date." ;

16 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(D) in Order VIII,––

(i) in Rule 1, for the proviso, the following proviso shall be

substituted, namely :––

"Provided that where the defendant fails to file the written

statement within the said period of thirty days, he shall

be allowed to file the written statement on such other

day, as may be specified by the Court, for reasons to be

recorded in writing and on payment of such costs as the

Court deems fit, but which shall not be later than one

hundred twenty days from the date of service of

summons and on expiry of one hundred twenty days from

the date of service of summons, the defendant shall forfeit

the right to file the written statement and the Court shall

not allow the written statement to be taken on record." ;

(ii) after Rule 3, the following Rule shall be inserted,

namely :––

"3A. Denial by the defendant in suits before the

Commercial Court.––(1) Denial shall be in the manner

provided in sub-rules (2), (3), (4) and (5) of this Rule.

(2) The defendant in his written statement shall state

which of the allegations in the particulars of plaint he

denies, which allegations he is unable to admit or deny,

but which he requires the plaintiff to prove, and which

allegations he admits.

(3) Where the defendant denies an allegation of fact in

a plaint, he must state his reasons for doing so and if he

intends to put forward a different version of events

from that given by the plaintiff, he must state his own

version.

(4) If the defendant disputes the jurisdiction of the Court

he must state the reasons for doing so, and if he is able,

give his own statement as to which Court ought to have

jurisdiction.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (5) If the defendant disputes the plaintiff's valuation of

the suit, he must state his reasons for doing so, and if

he is able, give his own statement of the value of the

suit." ;

(iii) in Rule 5, in sub-rule (1), after the first proviso, the

following proviso shall be inserted, namely :––

"Provided further that every allegation of fact in the plaint,

if not denied in the manner provided under Rule 3A of

this Order, shall be taken to be admitted except as against

a person under disability." ;

(iv) in Rule 10, the following proviso shall be inserted,

namely :––

"Provided further that no Court shall make an order to

extend the time provided under rule 1 of this Order for

filing of the written statement." ;

(E) for Order XI of the Code, the following Order shall be

substituted, namely :––

"ORDER XI

DISCLOSURE, DISCOVERY AND INSPECTION OF

DOCUMENTS IN SUITS BEFORE THE

COMMERCIAL COURT

1. Disclosure and discovery of documents.––(1) Plaintiff shall file a

list of all documents and photocopies of all documents, in its power,

possession, control or custody, pertaining to the suit, along with the plaint,

including––

(a) documents referred to and relied on by the plaintiff in the

plaint ;

(b) documents relating to any matter in question in the proceedings,

in the power, possession, control or custody of the plaintiff, as on

the date of filing the plaint, irrespective of whether the same is in

support of or adverse to the plaintiff's case ;

18 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) nothing in this Rule shall apply to documents produced by plaintiffs

and relevant only––

(i) for the cross-examination of the defendant's

witnesses, or

(ii) in answer to any case set up by the defendant subsequent

to the filing of the plaint, or

(iii) handed over to a witness merely to refresh his memory.

(2) The list of documents filed with the plaint shall specify whether the

documents in the power, possession, control or custody of the plaintiff are

originals, office copies or photocopies and the list shall also set out in brief,

details of parties to each document, mode of execution, issuance or receipt

and line of custody of each document.

(3) The plaint shall contain a declaration on oath from the plaintiff that

all documents in the power, possession, control or custody of the plaintiff,

pertaining to the facts and circumstances of the proceedings initiated by him

have been disclosed and copies thereof annexed with the plaint, and that the

plaintiff does not have any other documents in its power, possession, control

or custody.

Explanation :–– A declaration on oath under this sub-rule shall be contained

in the Statement of Truth as set out in the Appendix.

(4) In case of urgent filings, the plaintiff may seek leave to rely on

additional documents, as part of the above declaration on oath and subject to

grant of such leave by Court, the plaintiff shall file such additional documents

in Court, within thirty days of filing the suit, along with a declaration on oath

that the plaintiff has produced all documents in its power, possession, control

or custody, pertaining to the facts and circumstances of the proceedings initiated

by the plaintiff and that the plaintiff does not have any other documents, in its

power, possession, control or custody.

(5) The plaintiff shall not be allowed to rely on documents, which were

in the plaintiff's power, possession, control or custody and not disclosed along

with plaint or within the extended period set out above, save and except by

leave of Court and such leave shall be granted only upon the plaintiff establishing

reasonable cause for non-disclosure along with the plaint.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (6) The plaint shall set out details of documents, which the plaintiff

believes to be in the power, possession, control or custody of the defendant

and which the plaintiff wishes to rely upon and seek leave for production

thereof by the said defendant.

(7) The defendant shall file a list of all documents and photocopies of all

documents, in its power, possession, control or custody, pertaining to the suit,

along with the written statement or with its counterclaim, if any, including––

(a) the documents referred to and relied on by the defendant in the

written statement ;

(b) the documents relating to any matter in question in the proceeding

in the power, possession, control or custody of the defendant,

irrespective of whether the same is in support of or adverse to

the defendant's defence ;

(c) nothing in this Rule shall apply to documents produced by the

defendants and relevant only––

(i) for the cross-examination of the plaintiff's witnesses ;

(ii) in answer to any case set up by the plaintiff subsequent to

the filing of the plaint ; or

(iii) handed over to a witness merely to refresh his memory.

(8) The list of documents filed with the written statement or counterclaim

shall specify whether the documents, in the power, possession, control or

custody of the defendant, are originals, office copies or photocopies and the

list shall also set out in brief, details of parties to each document being produced

by the defendant, mode of execution, issuance or receipt and line of custody

of each document.

(9) The written statement or counterclaim shall contain a declaration

on oath made by the deponent that all documents in the power, possession,

control or custody of the defendant, save and except for those set out in

sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings

initiated by the plaintiff or in the counterclaim, have been disclosed and copies

thereof annexed with the written statement or counterclaim and that the

defendant does not have in its power, possession, control or custody, any other

documents.

20 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (10) Save and except for sub-rule (7) (c) (iii), defendant shall not be

allowed to rely on documents, which were in the defendant's power, possession,

control or custody and not disclosed along with the written statement or

counterclaim, save and except by leave of Court and such leave shall

be granted only upon the defendant establishing reasonable cause for

non-disclosure along with the written statement or counterclaim.

(11) The written statement or counterclaim shall set out details of

documents in the power, possession, control or custody of the plaintiff, which

the defendant wishes to rely upon and which have not been disclosed with the

plaint, and call upon the plaintiff to produce the same.

(12) Duty to disclose documents, which have come to the notice of a

party, shall continue till disposal of the suit.

2. Discovery by interrogatories.––(1) In any suit the plaintiff or

defendant by leave of the court may deliver interrogatories in writing for the

examination of the opposite parties or any one or more of such parties, and

such interrogatories when delivered shall have a note at the foot thereof stating

which of such interrogatories each of such persons is required to answer :

Provided that no party shall deliver more than one set of interrogatories

to the same party without an order for that purpose :

Provided further that interrogatories which do not relate to any matters

in question in the suit shall be deemed irrelevant, notwithstanding that they

might be admissible on the oral cross-examination of a witness.

(2) On an application for leave to deliver interrogatories, the particular

interrogatories proposed to be delivered shall be submitted to the court, and

that court shall decide within seven days from the day of filing of the said

application, in deciding upon such application, the court shall take into account

any offer, which may be made by the party sought to be interrogated to deliver

particulars, or to make admissions, or to produce documents relating to the

matters in question, or any of them, and leave shall be given as to such only of

the interrogatories submitted as the court shall consider necessary either for

disposing fairly of the suit or for saving costs.

(3) In adjusting the costs of the suit inquiry shall at the instance of any

party be made into the propriety of exhibiting such interrogatories, and if it is

the opinion of the taxing officer or of the court, either with or without an No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– application for inquiry, that such interrogatories have been exhibited

unreasonably, vexatiously, or at improper length, the costs occasioned by the

said interrogatories and the answers thereto shall be paid in any event by the

party in fault.

(4) Interrogatories shall be in the form provided in Form No. 2 in

Appendix C to the Code of Civil Procedure, Samvat 1977, with such variations

as circumstances may require.

(5) Where any party to a suit is a corporation or a body of persons,

whether incorporated or not, empowered by law to sue or be sued, whether in

its own name or in the name of any officer of other person, any opposite party

may apply for an order allowing him to deliver interrogatories to any member

or officer of such corporation or body, and an order may be made accordingly.

(6) Any objection to answering any interrogatory on the ground that it

is scandalous or irrelevant or not exhibited bona fide for the purpose of the

suit, or that the matters inquired into are not sufficiently material at that stage,

or on the ground of privilege or any other ground may be taken in the affidavit

in answer.

(7) Any interrogatories may be set aside on the ground that they have

been exhibited unreasonably or vexatiously, or struck out on the ground that

they are prolix, oppressive, unnecessary or scandalous and any application for

this purpose may be made within seven days after service of the interrogatories.

(8) Interrogatories shall be answered by affidavit to be filed within ten

days, or within such other time as the court may allow.

(9) An affidavit in answer to interrogatories shall be in the form provided

in Form No. 3 in Appendix C to the Code of Civil Procedure, Samvat 1977

with such variations as circumstances may require.

(10) No exceptions shall be taken to any affidavit in answer, but the

sufficiency or otherwise of any such affidavit objected to as insufficient shall

be determined by the court.

(11) Where any person interrogated omits to answer, or answers

insufficiently, the party interrogating may apply to the court for an order

requiring him to answer, or to answer further, as the case may be, and an

order may be made requiring him to answer, or to answer further, either

affidavit or by viva voce examination, as the court may direct.

22 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Inspection.––(1) All parties shall complete inspection of all documents

disclosed within thirty days of the date of filing of the written statement or

written statement to the counterclaim, whichever is later. The Court may

extend this time limit upon application at its discretion, but not beyond thirty

days in any event.

(2) Any party to the proceedings may seek directions from the Court,

at any stage of the proceedings, for inspection or production of documents by

the other party, of which inspection has been refused by such party or

documents have not been produced despite issuance of a notice to produce.

(3) Order in such application shall be disposed of within thirty days of

filing such application, including filing replies and rejoinders (if permitted by

Court) and hearing.

(4) If the above application is allowed, inspection and copies thereof

shall be furnished to the party seeking it, within five days of such order.

(5) No party shall be permitted to rely on a document, which it had

failed to disclose or of which inspection has not been given, save and except

with leave of Court.

(6) The Court may impose exemplary costs against a defaulting party,

who willfully or negligently failed to disclose all documents pertaining to a suit

or essential for a decision therein and which are in their power, possession,

control or custody or where a Court holds that inspection or copies of any

documents had been wrongfully or unreasonably withheld or refused.

4. Admission and denial of documents.––(1) Each party shall submit

a statement of admissions or denials of all documents disclosed and of which

inspection has been completed, within fifteen days of the completion of

inspection or any later date as fixed by the Court.

(2) The statement of admissions and denials shall set out explicitly,

whether such party was admitting or denying––

(a) correctness of contents of a document ;

(b) existence of a document ;

(c) execution of a document ;

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 23 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(d) issuance or receipt of a document ;

(e) custody of a document.

Explanation :–– A statement of admission or denial of the existence of a

document made in accordance with sub-rule (2)(b) shall

include the admission or denial of the contents of a document.

(3) Each party shall set out reasons for denying a document under any

of the above grounds and bare and unsupported denials shall not be deemed to

be denials of a document and proof of such documents may then be dispensed

with at the discretion of the Court.

(4) Any party may however submit bare denials for third party documents

of which the party denying does not have any personal knowledge of, and to

which the party denying is not a party to in any manner whatsoever.

(5) An Affidavit in support of the statement of admissions and denials

shall be filed confirming the correctness of the contents of the statement.

(6) In the event that the Court holds that any party has unduly refused

to admit a document under any of the above criteria, costs (including exemplary

costs) for deciding on admissibility of a document may be imposed by the

Court on such party.

(7) The Court may pass orders with respect to admitted documents

including for waiver of further proof thereon or rejection of any documents.

5. Production of documents.––(1) Any party to a proceeding may

seek or the Court may order, at any time during the pendency of any suit,

production by any party or person, of such documents in the possession or

power of such party or person, relating to any matter in question in such suit.

(2) Notice to produce such document shall be issued in the Form provided

in Form No. 7 in Appendix C to the Code of Civil Procedure, Samvat, 1977.

(3) Any party or person to whom such notice to produce is issued shall

be given not less than seven days and not more than fifteen days to produce

such document or to answer to their inability to produce such document.

(4) The Court may draw an adverse inference against a party refusing

to produce such document after issuance of a notice to produce and where

sufficient reasons for such non-production are not given and order costs.

24 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6. Electronic records.––(1) In case of disclosures and inspection of

Electronic Records as defined in the Information Technology Act, 2000

(Central Act No. 21 of 2000), furnishing of printouts shall be sufficient

compliance of the above provisions.

(2) At the discretion of the parties or where required (when parties

wish to rely on audio or video content), copies of electronic records may be

furnished in electronic form either in addition to or in lieu of printouts.

(3) Where Electronic Records form part of documents disclosed, the

declaration on oath to be filed by a party shall specify––

(a) the parties to such electronic record ;

(b) the manner in which such electronic record was produced and

by whom ;

(c) the dates and time of preparation or storage or issuance or receipt

of each such electronic record ;

(d) the source of such electronic record and date and time when the

electronic record was printed ;

(e) in case of email ids, details of ownership, custody and access to

such email ids ;

(f) in case of documents stored on a computer or computer resource

(including on external servers or cloud), details of ownership,

custody and access to such data on the computer or computer

resource ;

(g) deponent's knowledge of contents and correctness of contents ;

(h) whether the computer or computer resource used for preparing

or receiving or storing such document or data was functioning

properly or in case of malfunction that such malfunction did not

affect the contents of the document stored ;

(i) that the printout or copy furnished was taken from the original

computer or computer resource.

(4) The parties relying on printouts or copy in electronic form, of any

electronic records, shall not be required to give inspection of electronic records, No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– provided a declaration is made by such party that each such copy,

which has been produced, has been made from the original electronic

record.

(5) The Court may give directions for admissibility of electronic records

at any stage of the proceedings.

(6) Any party may seek directions from the Court and the Court may

of its motion issue directions for submission of further proof of any electronic

record including metadata or logs before admission of such electronic

record.

7. Certain provisions of the Code of Civil Procedure, Samvat 1977

not to apply.––For avoidance of doubt, it is hereby clarified that Order XIII

Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of Civil

Procedure, Samvat 1977 shall not apply to suits or applications before the

Commercial Courts.".

5. Insertion of new Order XIII-A.––After Order XIII of the Code,

the following Order shall be inserted, namely :––

"ORDER XIII A

Summary Judgment

1. Scope of and classes of suits to which this Order applies.––

(1) This Order sets out the procedure by which Courts may decide a

claim pertaining to any Commercial Dispute without recording oral

evidence.

(2) For the purposes of this Order, the word––claim shall include––

(a) part of a claim ;

(b) any particular question on which the claim (whether in whole or

in part) depends ; or

(c) a counterclaim, as the case may be.

(3) Notwithstanding anything to the contrary, an application for

summary judgment under this Order shall not be made in a suit in respect of

any commercial dispute that is originally filed as a summary suit under

Order XXXVII.

26 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Grounds for summary judgment.––The Court may give a summary

judgment against a plaintiff or defendant on a claim if it considers that––

(a) the plaintiff has no real prospect of succeeding on the claim or

the defendant has no real prospect of successfully defending the

claim, as the case may be ; and

(b) there is no other compelling reason why the claim should not be

disposed of before recording of oral evidence.

3. Procedure.––(1) An application for summary judgment to a Court

shall, in addition to any other matters the applicant may deem relevant, include

the matters set forth in sub-clauses (a) to (f) mentioned hereunder :––

(a) the application must contain a statement that it is an application

for summary judgment made under this Order ;

(b) the application must precisely disclose all material facts and

identify the point of law, if any ;

(c) in the event the applicant seeks to rely upon any documentary

evidence, the applicant must,––

(i) include such documentary evidence in its application ; and

(ii) identify the relevant content of such documentary evidence

on which the applicant relies ;

(d) the application must state the reason why there are no real

prospects of succeeding on the claim or defending the claim, as

the case may be ;

(e) the application must state what relief the applicant is seeking and

briefly state the grounds for seeking such relief.

(2) Where a hearing for summary judgment is fixed, the respondent

must be given at least thirty days notice of,––

(a) the date fixed for the hearing ; and

(b) the claim that is proposed to be decided by the Court at such

hearing.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) The respondent may, within thirty days of the receipt of notice of

application of summary judgment or notice of hearing (whichever is earlier),

file a reply addressing the matters set forth in clauses (a) to (f) mentioned

hereunder in addition to any other matters that the respondent may deem

relevant,––

(a) the reply must precisely––

(i) disclose all material facts ;

(ii) identify the point of law, if any ; and

(iii) state the reasons why the relief sought by the applicant

should not be granted ;

(b) in the event the respondent seeks to rely upon any documentary

evidence in its reply, the respondent must––

(i) include such documentary evidence in its reply ; and

(ii) identify the relevant content of such documentary evidence

on which the respondent relies ;

(c) the reply must state the reason why there are real prospects of

succeeding on the claim or defending the claim, as the case

may be ;

(d) the reply must concisely state the issues that should be framed

for trial ;

(e) the reply must identify what further evidence shall be brought on

record at trial that could not be brought on record at the stage of

summary judgment ; and

(f) the reply must state why, in light of the evidence or material on

record if any, the Court should not proceed to summary judgment.

4. Evidence for hearing of summary judgment.––(1) Notwithstanding

anything in this Order, if the respondent in an application for summary judgment

wishes to rely on additional documentary evidence during the hearing, the

respondent must,––

(a) file such documentary evidence ; and 28 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) serve copies of such documentary evidence on every other party

to the application at least fifteen days prior to the date of the

hearing.

(2) Notwithstanding anything in this Order, if the applicant for summary

judgment wishes to rely on documentary evidence in reply to the defendant's

documentary evidence, the applicant must,––

(a) file such documentary evidence in reply ; and

(b) serve a copy of such documentary evidence on the respondent

at least five days prior to the date of the hearing.

(3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall

not require documentary evidence to be,––

(a) filed if such documentary evidence has already been filed ; or

(b) served on a party on whom it has already been served.

5. Orders that may be made by Court.––(1) On an application made

under this Order, the Court may make such orders that it may deem fit in its

discretion including the following :––

(a) judgment on the claim ;

(b) conditional order in accordance with Rule 7 mentioned

hereunder ;

(c) dismissing the application ;

(d) dismissing part of the claim and a judgment on part of the claim

that is not dismissed ;

(e) striking out the pleadings (whether in whole or in part) ; or

(f) further directions to proceed for case management under

Order XVA.

(2) Where the Court makes any of the orders as set forth in

sub-rules (1) (a) to (f), the Court shall record its reasons for making such

order.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6. Conditional order.–– (1) Where it appears to the Court that it is

possible that a claim or defence may succeed but it is improbable that it shall

do so, the Court may make a conditional order as set forth in Rule 5 (1) (b).

(2) Where the Court makes a conditional order, it may,––

(a) make it subject to all or any of the following conditions :––

(i) require a party to deposit a sum of money in the Court ;

(ii) require a party to take a specified step in relation to the

claim or defence, as the case may be ;

(iii) require a party, as the case may be, to give such security

or provide such surety for restitution of costs as the Court

deems fit and proper ;

(iv) impose such other conditions, including providing security

for restitution of losses that any party is likely to suffer

during the pendency of the suit, as the Court may deem fit

in its discretion ; and

(b) specify the consequences of the failure to comply with the

conditional order, including passing a judgment against the party

that have not complied with the conditional order.

7. Power to impose costs.––The Court may make an order for payment

of costs in an application for summary judgment in accordance with the

provisions of sections 35 and 35A of the Code.".

6. Insertion of Order XVA.––After Order XV of the Code, the

following Order shall be inserted, namely :––

"ORDER XV-A

CASE MANAGEMENT HEARING

1. First Case Management Hearing.––The Court shall hold the first

Case Management Hearing, not later than four weeks from the date of filing

of affidavit of admission or denial of documents by all parties to the suit.

2. Orders to be passed in a Case Management Hearing.––In a

Case Management Hearing, after hearing the parties, and once it finds that 30 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– there are issues of fact and law which require to be tried, the Court may pass

an order––

(a) framing the issues between the parties in accordance with

Order XIV of the Code of Civil Procedure, Samvat 1977 after

examining pleadings, documents and documents produced before

it, and on examination conducted by the Court under Rule 2 of

Order X, if required ;

(b) listing witnesses to be examined by the parties ;

(c) fixing the date by which affidavit of evidence to be filed by

parties ;

(d) fixing the date on which evidence of the witnesses of the parties

to be recorded ;

(e) fixing the date by which written arguments are to be filed before

the Court by the parties ;

(f) fixing the date on which oral arguments are to be heard by the

Court ; and

(g) setting time limits for parties and their advocates to address oral

arguments.

3. Time limit for the completion of a trial.––In fixing dates or setting

time limits for the purposes of Rule 2 of this Order, the Court shall ensure that

the arguments are closed not later than six months from the date of the first

Case Management Hearing.

4. Recording of oral evidence on a day-to-day basis.––The Court

shall, as far as possible, ensure that the recording of evidence shall be carried

on, on a day-to-day basis until the cross-examination of all the witnesses is

complete.

5. Case Management Hearings during a trial.––The Court may, if

necessary, also hold Case Management Hearings anytime during the trial to

issue appropriate orders so as to ensure adherence by the parties to the dates

fixed under Rule 2 and facilitate speedy disposal of the suit.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 31 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6. Powers of the Court in a Case Management Hearing.––(1) In

any Case Management Hearing held under this Order, the Court shall have

the power to––

(a) prior to the framing of issues, hear and decide any pending

application filed by the parties under Order XIII-A ;

(b) direct parties to file compilations of documents or pleadings

relevant and necessary for framing issues ;

(c) extend or shorten the time for compliance with any practice,

direction or Court order if it finds sufficient reason to do so ;

(d) adjourn or bring forward a hearing if it finds sufficient reason to

do so ;

(e) direct a party to attend the Court for the purposes of examination

under Rule 2 of Order X ;

(f) consolidate proceedings ;

(g) strike off the name of any witness or evidence that it deems

irrelevant to the issues framed ;

(h) direct a separate trial of any issue ;

(i) decide the order in which issues are to be tried ;

(j) exclude an issue from consideration ;

(k) dismiss or give judgment on a claim after a decision on a

preliminary issue ;

(l) direct that evidence be recorded by a commission where

necessary in accordance with Order XXVI ;

(m) reject any affidavit of evidence filed by the parties for containing

irrelevant, inadmissible or argumentative material ;

(n) strike off any parts of the affidavit of evidence filed by the parties

containing irrelevant, inadmissible or argumentative material ;

(o) delegate the recording of evidence to such authority appointed

by the Court for this purpose ;

32 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (p) pass any order relating to the monitoring of recording the evidence

by a commission or any other authority ;

(q) order any party to file and exchange a costs budget ;

(r) issue directions or pass any order for the purpose of managing

the case and furthering the overriding objective of ensuring the

efficient disposal of the suit.

(2) When the Court passes an order in exercise of its powers under

this Order, it may––

(a) make it subject to conditions, including a condition to pay a sum

of money into Court ; and

(b) specify the consequence of failure to comply with the order or a

condition.

(3) While fixing the date for a Case Management Hearing, the Court

may direct that the parties also be present for such Case Management Hearing,

if it is of the view that there is a possibility of settlement between the parties.

7. Adjournment of Case Management Hearing.––(1) The Court

shall not adjourn the Case Management Hearing for the sole reason that the

advocate appearing on behalf of a party is not present :

Provided that an adjournment of the hearing is sought in advance by

moving an application, the Court may adjourn the hearing to another date

upon the payment of such costs as the Court deems fit, by the party moving

such application.

(2) Notwithstanding anything contained in this Rule, if the Court is

satisfied that there is a justified reason for the absence of the advocate, it may

adjourn the hearing to another date upon such terms and conditions it

deems fit.

8. Consequences of non-compliance with orders.––Where any party

fails to comply with the order of the Court passed in a Case Management

Hearing, the Court shall have the power to––

(a) condone such non-compliance by payment of costs to the

Court ;

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 33 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) foreclose the non-compliant party's right to file affidavits, conduct

cross-examination of witnesses, file written submissions, address

oral arguments or make further arguments in the trial, as the

case may be, or

(c) dismiss the plaint or allow the suit where such non-compliance is

willful, repeated and the imposition of costs is not adequate to

ensure compliance.".

7. Amendment of Order XVIII.––In Order XVIII of the Code,––

(i) in Rule 2 after sub-rule (3), the following shall be inserted,

namely :––

"(3A) A party shall, within four weeks prior to commencing the

oral arguments, submit concisely and under distinct headings

written arguments in support of his case to the Court and such

written arguments shall form part of the record.

(3B) The written arguments shall clearly indicate the provisions

of the laws being cited in support of the arguments and the

citations of judgments being relied upon by the party and include

copies of such judgments being relied upon by the party.

(3C) A copy of such written arguments shall be furnished

simultaneously to the opposite party.

(3D) The Court may, if it deems fit, after the conclusion of

arguments, permit the parties to file revised written arguments

within a period of not more than one week after the date of

conclusion of arguments.

(3E) No adjournment shall be granted for the purpose of

filing the written arguments unless the Court, for reasons to be

recorded in writing, considers it necessary to grant such

adjournment.

(3F) It shall be open for the Court to limit the time for oral

submissions having regard to the nature and complexity of the

matter.".

34 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ii) in Rule 4, after sub-rule (1), the following sub-rules shall be

inserted, namely :––

"(1A) The affidavits of evidence of all witnesses whose evidence

is proposed to be led by a party shall be filed simultaneously by

that party at the time directed in the first Case Management

Hearing.

(1B) A party shall not lead additional evidence by the affidavit

of any witness (including of a witness who has already filed an

affidavit) unless sufficient cause is made out in an application for

that purpose and an order, giving reasons, permitting such

additional affidavit is passed by the Court.

(1C) A party shall however have the right to withdraw any of

the affidavits so filed at any time prior to commencement of

cross-examination of that witness, without any adverse inference

being drawn based on such withdrawal :

Provided that any other party shall be entitled to tender as evidence

and rely upon any admission made in such withdrawn affidavit.".

8. Amendment to Order XIX.––In Order XIX of the Code, after

Rule 3, the following Rules shall be inserted, namely :––

"4. Court may control evidence.––(1) The Court may, by

directions, regulate the evidence as to issues on which it requires

evidence and the manner in which such evidence may be placed

before the Court.

(2) The Court may, in its discretion and for reasons to be recorded

in writing, exclude evidence that would otherwise be produced by

the parties.

5. Redacting or rejecting evidence.––A Court may, in its

discretion, for reasons to be recorded in writing––

(i) redact or order the redaction of such portions of the

affidavit of examination-in-chief as do not, in its view,

constitute evidence ; or No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ii) return or reject an affidavit of examination-in-chief as not

constituting admissible evidence.

6. Format and guidelines of affidavit of evidence.––An affidavit must comply with the form and requirements set forth below :––

(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with ;

(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper ;

(c) each paragraph of an affidavit should, as far as possible,

be confined to a distinct portion of the subject ;

(d) an affidavit shall state––

(i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief ; and

(ii) the source for any matters of information or

belief ;

(e) an affidavit should––

(i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file) ;

(ii) be divided into numbered paragraphs ;

(iii) have all numbers, including dates, expressed in

figures ; and

(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexure and page

numbers of such documents that are relied upon.".

.

36 The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. [No. 25-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 9. Amendment of order XX.––In Order XX of the Code, for Rule 1,

the following Rule shall be substituted, namely :––

"(1) The Commercial Courts or Commercial Appellate Courts, as

the case may be, shall, within ninety days of the conclusion of

arguments, pronounce judgment and copies thereof shall be issued

to all the parties to the dispute through electronic mail or otherwise.".

10. After Appendix H, the following Appendix shall be inserted,

namely :––

"APPENDIX-I

STATEMENT OF TRUTH

(Under First Schedule, Order VI-Rule 15A and Order XI-Rule 3)

I,………… the deponent do hereby solemnly affirm and declare as

under :––

1. I am the party in the above suit and competent to swear this

affidavit.

2. I am sufficiently conversant with the facts of the case and have

also examined all relevant documents and records in relation

thereto.

3. I say that the statement made in .............. paragraphs are true

to my knowledge and statements made in ……… paragraphs

are based on information received which I believe to be correct

and statements made in ……. paragraphs are based on legal

advice.

4. I say that there is no false statement or concealment of any

material fact, document or record and I have included information

that is according to me, relevant for the present suit.

5. I say that all documents in my power, possession, control or

custody, pertaining to the facts and circumstances of the

proceedings initiated by me have been disclosed and copies

thereof annexed with the plaint, and that I do not have any other

documents in my power, possession, control or custody.

No. 25-6] The J&K Govt. Gazette, 26th Sept., 2018/4th Asv., 1940. 37 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6. I say that the above mentioned pleading comprises of a

total………pages, each of which has been duly signed by me.

7. I state that the Annexure hereto are true copies of the documents

referred to and relied upon by me.

8. I say that I am aware that for any false statement or concealment,

I shall be liable for action taken against me under the law for the

time being in force.

Place :

Date :

DEPONENT

VERIFICATION

I, ……………………. do hereby declare that the statements made

above are true to my knowledge.

Verified at ..................... on this......................

DEPONENT

SATYA PAL MALIK,

Governor.

––––––––

(Sd.) ACHAL SETHI,

Special Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Srinagar, Tue., the 11th Sept., 2018/20th Bhad., 1940. [No. 23-w –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

_______

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Power Section)

Notification

Srinagar, the 11th of September, 2018.

SRO-393.––In exercise of powers conferred by sub-section (1) of

section 12 of the Code of Criminal Procedure, Samvat 1989, the Government 2 The J&K Govt. Gazette, 11th Sept., 2018/20th Bhad., 1940. [No. 23-w –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– hereby appoint the officers mentioned in the annexure to this notification to

be the Executive Magistrates of the First Class who shall exercise all the

powers of an Executive Magistrate of the First Class within such jurisdiction

as may be assigned to them by the District Magistrate, Udhampur till the

municipal elections are over.

By order of the Government of Jammu and Kashmir

(Sd.) ACHAL SETHI,

Secretary to Government (Incharge),

Department of Law, Justice and Parliamentary Affairs.

–––––––––

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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – w EXTRAORDINARY REGD. NO. JK–33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Srinagar, Mon., the 1st Oct., 2018/9th Asv., 1940. [No. 26-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Legislation Section)

Srinagar, the 1st October, 2018.

The following Act has been assented to by the Governor on

1st October, 2018 and is hereby published for general information :––

THE JAMMU AND KASHMIR ARBITRATION AND

CONCILIATION (AMENDMENT) ACT, 2018

(Governor Act No. XVIII of 2018)

[1st October, 2018.]

Enacted by the Governor in the Sixty-ninth Year of the Republic of

India.

2 The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. [No. 26-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– An Act to amend the Jammu and Kashmir Arbitration and Conciliation

Act, 1997.

In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th June, 2018, the Governor is pleased to enact as follows :––

1. Short title and commencement.––(1) This Act may be called the

Jammu and Kashmir Arbitration and Conciliation (Amendment) Act, 2018.

(2) It shall come into force from the date of its publication in the

Government Gazette.

2. Insertion of section 8-A, section 8-B, Act No. XXXV of 1997.––In the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (hereinafter referred to as 'the principal Act'), after section 8, the following sections shall be inserted, namely :––

"8-A. Power of the court, seized of petitions under sections 9

or 11 of the Act, to refer the dispute to Mediation or

Conciliation.––

(1) If during the pendency of petitions under sections 9 or 11 of the Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to :

(a) Mediation ; or

(b) Conciliation.

(2) Reference to mediation :

(i) Where a dispute has been referred for resolution by recourse to mediation, the procedure envisaged under Civil Procedure Alternative Dispute Resolution Rules, 2009 shall apply.

(ii) In case of a successful resolution of the dispute, the Mediator shall immediately forward the mediated settlement to the referral court.

(iii) On receipt of the mediated settlement, the referral court shall independently apply its judicial mind No. 26-3] The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– and record a satisfaction that the mediated

settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same.

(iv) The court shall record a statement on oath of the parties, or their authorized representatives, affirming the mediated settlement as well as a clear undertaking of the parties to abide by the terms of the settlement.

(v) If satisfied, the court shall pass an order in terms

of the settlement.

(vi) If the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof.

(vii) If the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clause (iii), (iv) and (v) above.

(viii) Such a mediated settlement, shall have the same status and effect as an arbitral award and may be enforced in the manner prescribed under section 36 of the Act.

(3) Reference to conciliation :

(i) The provisions of Part II of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this Act."

"8-B. Power of the court, seized of matters under sections 34

or 37 of the Act, to refer the dispute to Mediation or

Conciliation.––

(1) If during the pendency of a petition under section 34 or an

appeal under section 37 of the Act, it appears to the court, 4 The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. [No. 26-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– that there exists elements of a settlement which may be

acceptable to the parties, the court may, with the consent

of parties, refer the parties, for resolution of their

disputes, to :

(a) Mediation ; or

(b) Conciliation.

(2) Reference to mediation :

(i) Where a dispute has been referred for resolution

by recourse to mediation, the procedure envisaged

under the Civil Procedure Alternative Dispute

Resolution and Mediation Rules, 2009 shall apply.

(ii) In case of a successful resolution of the dispute,

the Mediator shall immediately forward the

mediated settlement to the referral court.

(iii) On receipt of the mediated settlement, the referral

court shall independently apply its judicial

mind and record a satisfaction that the mediated

settlement is genuine, lawful, voluntary, entered

into without coercion, undue influence, fraud or

misrepresentation and that there is no other legal

impediment in accepting the same.

(iv) The court shall record a statement on oath of the

parties, or their authorized representatives,

affirming the mediated settlement, a clear

undertaking of the parties to abide by the terms of

the settlement as well as statement to the above

effect.

(v) If satisfied, the court shall pass an order in terms

of the settlement.

(vi) If the main petition, in which the reference was

made is pending, it shall be disposed of by the

referral court in terms thereof.

No. 26-3] The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (vii) If the main petition, in which the reference was

made stands disposed of, the mediated settlement

and the matter shall be listed before the referral

court, which shall pass orders in accordance with

clause (iii), (iv) and (v) above.

(viii) Such a mediated settlement, shall have the status

of a modified arbitral award and may be enforced

in the manner prescribed under section 36 of the

Act.

(3) Reference to conciliation :

(i) The provisions of Part II of the Jammu and

Kashmir Arbitration and Conciliation Act, 1997

shall apply as if the conciliation proceedings were

initiated by the parties under the relevant provision

of this Act."

3. Amendment of section 11, Act No. XXXV of 1997.––

In section 11 of 'the principal Act', after sub-section (9), the following

sub-section shall be added, namely :––

"(10) An application made under this section for appointment of an

arbitrator or arbitrators shall be disposed of by the High Court or the

person or institution designated by such Court, as the case may be,

as expeditiously as possible and an endeavour shall be made to dispose

of the matter within a period of sixty days from the date of service of

notice on the opposite party."

4. Substitution of section 17, Act No. XXXV of 1997.––

For section 17 of 'the principal Act', the following section shall be substituted,

namely :––

"17. Interim measures ordered by arbitral tribunal.––

(1) A party may, during the arbitral proceedings or at any time after

the making of the arbitral award but before it is enforced in accordance

with section 36, apply to the arbitral tribunal,––

(i) for the appointment of a guardian for a minor or person of

unsound mind for the purposes of arbitral proceedings ; or 6 The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. [No. 26-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ii) for an interim measure of protection in respect of any of

the following matters, namely :––

(a) the preservation, interim custody or sale of any

goods which are the subject-matter of the

arbitration agreement ;

(b) securing the amount in dispute in the arbitration ;

(c) the detention, preservation or inspection of any

property or thing which is the subject-matter of

the dispute in arbitration, or as to which any

question may arise therein and authorizing for any

of the aforesaid purposes any person to enter upon

any land or building in the possession of any party,

or authorizing any samples to be taken, or any

observation to be made, or experiment to be

tried, which may be necessary or expedient for

the purpose of obtaining full information or

evidence ;

(d) interim injunction or the appointment of a

receiver ;

(e) such other interim measure of protection as may

appear to the arbitral tribunal to be just and

convenient,

and the arbitral tribunal shall have the same power for making orders, as

the court has for the purpose of, and in relation to, any proceedings

before it.

(2) Subject to any orders passed in an appeal under section 37, any

order issued by the arbitral tribunal under this section shall be deemed

to be an order of the Court for all purposes and shall be enforceable

under the Code of Civil Procedure, Samvat 1977 in the same manner

as if it were an order of the Court.".

No. 26-3] The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– 5. Amendment of section 24, Act No. XXXV of 1997.––

In section 24 of 'the principal Act', after the proviso to sub-section (1), the

following proviso shall be inserted, namely :––

"Provided further that the arbitral tribunal shall, as far as possible,

hold oral hearings for the presentation of evidence or for oral argument

on day-to-day basis, and not grant any adjournments unless sufficient

cause is made out, and may impose costs including exemplary costs

on the party seeking adjournment without any sufficient cause.".

6. Insertion of section 29A, section 29B, Act No. XXXV of 1997.––

After section 29 of 'the principal Act', the following sections shall be inserted,

namely :––

"29A. Time limit for arbitral award.––(1) The award shall be

made within a period of twelve months from the date the arbitral

tribunal enters upon the reference.

Explanation :–– For the purpose of this sub-section, an arbitral tribunal shall

be deemed to have entered upon the reference on the date

on which the arbitrator or all the arbitrators, as the case

may be, have received notice, in writing, of their appointment.

(2) If the award is made within a period of six months from the date

the arbitral tribunal enters upon the reference, the arbitral tribunal

shall be entitled to receive such amount of additional fees as the

parties may agree.

(3) The parties may, by consent, extend the period specified in

sub-section (1) for making award for a further period not exceeding

six months.

(4) If the award is not made within the period specified

in sub-section (1) or the extended period specified under

sub-section (3), the mandate of the arbitrator(s) shall terminate unless

the Court has, either prior to or after the expiry of the period so

specified, extended the period :

Provided that while extending the period under this sub-section, if

the Court finds that the proceedings have been delayed for the reasons

attributable to the arbitral tribunal, then, it may order reduction of 8 The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. [No. 26-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– fees of arbitrator(s) by not exceeding five per cent for each month

of such delay.

(5) The extension of period referred to in sub-section (4) may be on

the application of any of the parties and may be granted only for

sufficient cause and on such terms and conditions as may be imposed

by the Court.

(6) While extending the period referred to in sub-section (4), it shall

be open to the Court to substitute one or all of the arbitrators and if

one or all of the arbitrators are substituted, the arbitral proceedings

shall continue from the stage already reached and on the basis of the

evidence and material already on record, and the arbitrator(s)

appointed under this section shall be deemed to have received the

said evidence and material.

(7) In the event of arbitrator(s) being appointed under this

section, the arbitral tribunal thus reconstituted shall be deemed

to be in continuation of the previously appointed arbitral

tribunal.

(8) It shall be open to the Court to impose actual or exemplary costs

upon any of the parties under this section.

(9) An application filed under sub-section (5) shall be disposed of

by the Court as expeditiously as possible and endeavour shall be

made to dispose of the matter within a period of sixty days from the

date of service of notice on the opposite party.

29B. Fast Track Procedure.––(1) Notwithstanding anything

contained in this Act, the parties to an arbitration agreement, may, at

any stage either before or at the time of appointment of the arbitral

tribunal, agree in writing to have their dispute resolved by fast track

procedure specified in sub-section (3).

(2) The parties to the arbitration agreement, while agreeing for

resolution of dispute by fast track procedure, may agree that the

arbitral tribunal shall consist of a sole arbitrator who shall be chosen

by the parties.

No. 26-3] The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) The arbitral tribunal shall follow the following procedure while

conducting arbitration proceedings under sub-section (1) : ––

(a) The arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties without any oral hearing ;

(b) The arbitral tribunal shall have power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them ;

(c) An oral hearing may be held only, if, all the parties make a request or if the arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues ;

(d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case.

(4) The award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference.

(5) If the award is not made within the period specified in sub-section (4), the provisions of sub-sections (3) to (9) of section 29A shall apply to the proceedings.

(6) The fees payable to the arbitrator and the manner of payment of the fees shall be such as may be agreed between the arbitrator and the parties.".

7. Amendment of section 34, Act No. XXXV of 1997.––In section 34

of 'the principal Act'––

(I) after sub-section (2) the following sub-section shall be inserted,

namely :––

"(2A) An arbitral award may also be set aside by the Court, if the Court finds that the award is vitiated by patent illegality appearing on the face of the award :

Provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by

re-appreciation of evidence." ;

10 The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. [No. 26-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(II) In sub-section (3),––

(i) for the words, "three months" the words, "six months"

shall respectively be substituted ;

(ii) in proviso thereto, for the words, "three months" and the

words, "thirty days" the words, "six months" and the words

"sixty days" shall be substituted respectively.

(III) after sub-section (4), the following sub-sections shall be inserted,

namely :––

"(5) An application under this section shall be filed by a

party only after issuing a prior notice to the other party and

such application shall be accompanied by an affidavit by the

applicant endorsing compliance with the said requirement.

(6) An application under this section shall be disposed of

expeditiously, and in any event, within a period of one year

from the date on which the notice referred to in sub-section

(5) is served upon the other party.".

SATYA PAL MALIK,

Governor.

––––––––

(Sd.) ASHISH GUPTA,

Deputy Legal Remembrancer,

Department of Law, Justice and Parliamentary Affairs.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 18 October 2018. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2018-10-18.29/. Archive identifier in.gazette.jammuandkashmir.2018-10-18.29.