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 .... | 600-618 725-744 79-80 549-560 165-174 | 203- 210 |
Printed at the Ranbir Government Press, Jammu.
600 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
PART I-A
Jammu & Kashmir Government–Orders
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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR (Exercising Powers of Bar Council under section 58 of the Advocates Act, 1961).
Notification
No. 960 Dated 23-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Romesh Chander Badhoria S/o Mr. Shanker Dass Badhoria R/o Mohalla Badhoria, Village Ranjeri, Vijaypur, Samba, A/P H. No. 3A, W. No. 9, Dollian, Bari-Brahmana, Samba vide Notification No. 904 dated 19-08-2017 has been declared as absolute/final.
By order.
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Notification
No. 1004 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Sadaf Amin D/o Mr. Mohammad Amin Dar R/o Bagh-E-Mehtab, H. No. 402, Govt. Housing Colony, Srinagar vide Notification No. 1287 dated 08-12-2017 has been declared as absolute/ final.
By order.
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Notification
No. 1005 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Farheen Khan D/o Mr. Farooq Ahmad Khan R/o H. No. 2572, Kaizbal, K. P. Road, Anantnag vide Notification No. 1224 dated 06-11-2017 has been declared as absolute/final.
By order.
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No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 601 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 1006 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Wali Mohammad Dar S/o Mr. Gh. Mohd. Dar R/o Kripal Pora, Payeen, Pattan, Baramulla vide Notification No. 1331 dated 12-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 1007 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ashish Manhas S/o Mr. Jagdev Singh Manhas R/o H. No. 533, Lane No. 02, Naseeb Nagar, Janipur, Jammu vide Notification No. 18 dated 06-04-2017 has been declared as absolute/ final.
By order.
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Notification
No. 1008 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Meenakshi Manhas D/o Mr. Joginder Singh Manhas R/o H. No. 176, Nand Bab Colony, Lala Da Bagh, Jammu vide Notification No. 953 dated 14-02-2017 has been declared as absolute/ final.
By order.
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Notification
No. 1009 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Jyoti Devi D/o Mr. Tarsem Lal R/o W. No. 6, H. No. 161, Bishnah Road, Bari Brahmana, Samba vide Notification No. 1059 dated 27-03-2017 has been declared as absolute/final.
By order.
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602 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 1026 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Danishta Shafi D/o Mr. Mohd Shafi Mir R/o Breenti, Batpora, District Anantnag vide Notification No. 849 dated 08-01-2014 has been declared as absolute/final.
By order.
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Notification
No. 1031 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Nuzhatul Amin Chowdery D/o Mr. Mohd. Amin Chowdery R/o Chowdery Mohalla, Tehsil Handwara, District Kupwara vide Notification No. 587 dated 20-09-2013 has been declared as absolute/final.
By order.
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Notification
No. 1040 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Rekha Qazi D/o Mr. Jawahar Lal Qazi R/o Mouza Zevan, District Srinagar vide Notification No. 666 dated 29-12-2015 has been declared as absolute/final.
By order.
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Notification
No. 1041 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Bharat Kumar S/o Mr. Bodh Raj R/o JMC 1018, Jawahar Nagar,, Talab Tillo, Jammu vide Notification No. 357 dated 05-10-2015 has been declared as absolute/final.
By order.
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No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 603 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 1048 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Stanzin Namgail S/o Mr. Tsewang Nurboo R/o Phyang Goan (Deston), Tehsil and District Leh, A/P H. No. 80-B, Gali No. 13, Sector-6, Nanak Nagar, Jammu vide Notification No. 883 dated 07-02-2017 has been declared as absolute/final.
By order.
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Notification
No. 1049 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Deepmala D/o Mr. Kuldeep Singh R/o Arnia, Kool Kalan, Bishnah, Jammu vide Notification No. 24 dated 18-04-2015 has been declared as absolute/final.
By order.
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Notification
No. 1050 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Nusrat Nabi D/o Mr. Ghulam Nabi Sofi R/o Sogam, Chadoora, Mohalla Kobpura, Budgam vide Notification No. 396 dated 05-10-2015 has been declared as absolute/final.
By order.
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Notification
No. 1051 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Gourav Parashar S/o Mr. Jyoti Saroop R/o Ward No. 3, Nowshera, District Rajouri vide Notification No. 652 dated 29-12-2015 has been declared as absolute/final.
By order.
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604 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 1052 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Shahid-ul-Islam Mir S/o Mr. Ab Rashid Mir R/o Veddey Srigufwara, District Anantnag vide Notification No. 257 dated 16-07-2015 has been declared as absolute/final.
By order.
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Notification
No. 1053 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Irfan Javid Dar S/o Mr. Gulam Quadir Dar R/o Shall Takuna, Awantipora, Pulwama vide Notification No. 09 dated 18-04-2015 has been declared as absolute/final.
By order.
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Notification
No. 1054 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ranbir Singh S/o Mr. Sham Lal R/o Village Oglian (Dhanmasta), P/O Ramsoo, V. P. O. Batroo, Banihal, Ramban vide Notification No. 855 dated 15-02-2016 has been declared as absolute/ final.
By order.
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Notification
No. 1055 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Tarun Kumar Dutta S/o Mr. Ashwani Kumar Dutta R/o H. No. 55/A, Lane No. 27, Rajpura Mangotrian, Jammu vide Notification No. 335 dated 06-06-2016 has been declared as absolute/ final.
By order.
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No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 605 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 1056 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Neelam Singh S/o Mr. Sudesh Singh R/o Pogal Paristan, Ramban, A/P Rehari Colony, Quarter No. 176, Jammu vide Notification No. 808 dated 12-02-2016 has been declared as absolute/ final.
By order.
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Notification
No. 1057 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Nikhileshwar Singh S/o Mr. Ishwar Lal Thakur R/o H. No. 53, W. No. 5, Barrian, Udhampur vide Notification No. 812 dated 12-02-2016 has been declared as absolute/final.
By order.
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Notification
No. 1058 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Suyash Singh S/o Mr. Gandharb Singh Chandail R/o Village Rehi (Shiva), Doda, A/P H. No. 3, Lane No. 34, Greater Kailash, Jammu vide Notification No. 1095 dated 17-03-2016 has been declared as absolute/final.
By order.
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Notification
No. 1059 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Mudaseer Qurashi S/o Mr. Ab. Majeed Qurashi R/o Chamkote, Karnah, Kupwara vide Notification No. 99 dated 23-05-2013 has been declared as absolute/final.
By order.
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606 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 1060 Dated 24-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Murtaza Nabi S/o Mr. Gh. Nabi Shah R/o H. No. 302, M.I.G. Colony, Bemina, Srinagar vide Notification No. 439 dated 04-09-2013 has been declared as absolute/final.
By order.
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Notification
No. 1067 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Shivam Sachdev S/o Mr. Sanjay Kumar R/o W. No. 1, Near Co-operative Society, College Road, Kathua vide Notification No. 842 dated 15-02-2016 has been declared as absolute/ final.
By order.
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Notification
No. 1068 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Shaizad Hussain S/o Mr. Farid Hussain R/o W. No. 71, Sidhra Bye-Pass, Jammu vide Notification No. 845 dated 15-02-2016 has been declared as absolute/final.
By order.
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Notification
No. 1069 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Richa Mahajan D/o Mr. Ram Parshad R/o W. No. 9, Mohalla Parialwund, Kathua vide Notification No. 347 dated 06-06-2016 has been declared as absolute/final.
By order.
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No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 607 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 1071 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Arti Sharma D/o Mr. Pritam Lal R/o Village Sobka, P/O Gharota, Tehsil Bhalwal, District Jammu vide Notification No. 564 dated 02-08-2016 has been declared as absolute/final.
By order.
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Notification
No. 1074 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Renu Bala D/o Mr. Ashok Kumar R/o Village Chackrohi, R. S. Pura, Jammu vide Notification No. 1097 dated 17-03-2016 has been declared as absolute/final.
By order.
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Notification
No. 1075 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Rajet Ramit S/o Mr. Bishan Lal R/o Payrote (Mansar), P/S Doda, Police Post, Pul Doda vide Notification No. 326 dated 06-06-2016 has been declared as absolute/final.
By order.
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Notification
No. 1078 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Kumari Sonika D/o Mr. Bachan Singh R/o G-14, Shanti Nagar, P/O Tope Sherkhania, Jammu vide Notification No. 1123 dated 17-03-2016 has been declared as absolute/final.
By order.
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608 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 1093 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Irtiyaza Lateef D/o Mr. Mohd Lateef Mir R/o Gulab Bagh, Hazratbal, Mir Mohalla, Srinagar vide Notification No. 829 dated 16-08-2017 has been declared as absolute/final.
By order.
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Notification
No. 1094 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Pirzada Ather Manzoor S/o Mr. Pirzada Manzoor Ahmad R/o Panchan, Bandipora, A/P Gazaliabad, Lane-1, HMT, Zainakote, Srinagar vide Notification No. 918 dated 19-08-2017 has been declared as absolute/final.
By order.
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Notification
No. 1095 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Ishrat Akhter D/o Mr. Ghulam Mohi-ud-Din Rather R/o Beehama, Ganderbal vide Notification No. 1269 dated 07-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 1099 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ashaq Hussain Baba S/o Mr. Mohd Ayoub Baba R/o Charar-i-Sharief, Mohalla Talab-i-Kalan, District Budgam vide Notification No. 799 dated 16-08-2017 has been declared as absolute/ final.
By order.
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No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 609 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 1101 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Khursheed Ahmad Bhat S/o Mr. Khazir Mohammad Bhat R/o Punzwa Vilgam, Handwara, Kupwara vide Notification No. 1260 dated 07-12-2017 has been declared as absolute/ final.
By order.
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Notification
No. 1102 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ali Asgar S/o Mr. Ali Mohd R/o Karith, Kander Khour, Tehsil Shargul, District Kargil, A/P Lal Bazar, Omer Colony-B, Lane-04, H. No. 111, Srinagar vide Notification No. 1372 dated 29-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 1113 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Zahoor Ahmad Malik S/o Late Mr. Nazeer Ahmad Malik R/o Malik Mohalla, Sonapah, Beerwah, Budgam vide Notification No. 1350 dated 13-12-2017 has been declared as absolute/ final.
By order.
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Notification
No. 1114 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Fehmeeda Akhter D/o Mr. Ab. Ahad Malik R/o Malik Mohalla, Arwah, Beerwah, Budgam vide Notification No. 812 dated 16-08-2017 has been declared as absolute/final.
By order.
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610 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 1120 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Kulsuma Aslam D/o Mr. Mohd Aslam Baba R/o Sayeed Fazal Abad, Pandach, Ganderbal vide Notification No. 1258 dated 07-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 1122 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Lateef Ahmad Shah S/o Mr. Gulam Ahmad Shah R/o Harran, Tull-Mullah, Ganderbal vide Notification No. 1256 dated 07-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 1123 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ayaz Majeed Lone S/o Mr. Ab. Majeed Lone R/o Gamraj, Tehsil Tral, District Pulwama vide Notification No. 1383 dated 29-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 1124 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Tanveer Ahmad Mir S/o Mr. Sonaullah Mir R/o Batapora, Kralpora, Mir Mohalla, Kupwara vide Notification No. 159 dated 05-03-2018 has been declared as absolute/final.
By order.
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No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 611 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification
No. 1125 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Syed Mansoor Bukhari S/o Syed Ashaq Hussain Bukhari R/o H. No. 27, W. No. 2, Yatoo Mohalla, Shivpora, Srinagar vide Notification No. 25 dated 05-04-2018 has been declared as absolute/final.
By order.
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Notification
No. 1125-A Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Mohit Sharma S/o Mr. Sat Pal Sharma R/o Doomi Mohalla, No. 04, Tehsil Bhalwal, District Jammu A/P House No. 112, Ward No. 9, Tehsil Bhalwal, District Jammu vide Notification No. 1546 dated 03-03-2018 has been declared as absolute/final.
By order.
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Notification
No. 1127 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Tawseef Ali Wani S/o Mr. Ali Mohd. Wani R/o Mahwra, Budgam, Alamdar Colony, Budgam vide Notification No. 1692 dated 06-03-2018 has been declared as absolute/final.
By order.
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Notification
No. 1128 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Sharad Sharma S/o Mr. Suman Kishore Sharma R/o H. No. 15, W. No. 13, Akhiyarabad, Tehsil and District Kishtwar vide Notification No. 20 dated 05-04-2018 has been declared as absolute/final.
By order.
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612 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Notification
No. 1129 Dated 25-10-2018.
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Rafia Ajaz Mir D/o Mr. Ajaz Ahmad R/o Gratabal, Nawa-Kadal, Srinagar vide Notification No. 912 dated 19-08-2017 has been declared as absolute/final.
By order.
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Notification
No. 1162 Dated 12-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Durga Sandhya Shubham S/o Mr. Durga Dass R/o Gurah Jattan, Ghagwal, Samba, A/p Rehari Colony, 312 F/A, Bharat Nagar, Rehari Colony, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-626/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 1163 Dated 13-10-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Supreet Ranjan Singh Johal S/o Mr. Harbans Singh Johal R/o F/254, Sainik Colony, Bahu, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 613 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-666/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1164 Dated 13-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Ms. Suffiya Yousuf D/o Mr. Mohammad Yousuf Dar R/o Latishot Tujar, Tehsil Bomai, Sopore, District Baramulla has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-653/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1169 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Kamal Mehendru S/o Mr. B. L. Mahendru R/o 276-A, Bakshi Nagar, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year 614 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-635/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 1170 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Mudasir Maqbool Bhat S/o Mr. Mohmad Maqbool Bhat R/o Marat Gam, Handwara, District Kupwara has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-637/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1171 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Sajad Ahmad Dar S/o Mr. Wali Mohmad Dar R/o Malla Pora, Seh Kanoo, Dar Mohalla, Beerwah, Budgam has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 615 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-658/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
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Notification
No. 1172 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Ashiv Choudhary S/o Mr. Charan Choudhary R/o 505/5, Nanak Nagar, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-615/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1173 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Aamir Mohi-ud-Din S/o Mr. Gh. Mohi-ud-Din Rather R/o Panath, Tengpora, Quazigund, Anantnag has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for 616 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-616/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1174 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Ms. Asiya Jamal D/o Mr. Mohammad Jamal Magray R/o Bonizal Haripora, Kangan, Ganderbal has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-617/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1175 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Ms. Aarifa Rashid D/o Mr. Abdul Rashid Rather R/o Rather Mohalla/ Asham Sonawari, Bandipora has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 617 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-618/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1176 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Abid Tahir Shora S/o Mr. Mohammad Tahir Shora R/o 109, Alamdar Colony, Bemina, Srinagar has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-619/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1177 Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Ajaz Ahmad Laway S/o Mr. Gul Mohd Laway R/o Ladar Matou, Khanabal, Anantnag has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of 618 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-621/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
––––––––
Notification
No. 1177-A Dated 15-11-2018.
It is hereby notified that vide High Court Order dated 23-10-2018 Mr. Abdul Manan Choudhary S/o Mr. Mohd Anwar Choudhary R/o EP-715, Bawe Wali Gali, Shahidi Chowk, Jammu has been admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-619/18 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.
(Sd.) MOHAMMAD YASIN BEIGH,
Joint Registrar (Admn.).
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Thu., the 3rd January, 2019/13th Pausa, 1940. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—GENERAL ADMINISTRATION DEPARTMENT.
Subject :—Constitution of the Service Grievance Committee for redressing service grievances of Government employees.
–––––––
Notification No. 1735-GAD of 2018
Dated 11-12-2018.
Sanction is hereby accorded to the constitution of the Service Grievance Committee under the Chairmanship of Mr. K. K. Sharma, Advisor (S) to the Governor, comprising the following, for redressing service related grievances of Government employees :—
1. Mr. Umang Narula, IAS, Principal Secretary Member
to the Governor.
2. Mr. Shaleen Kabra, IAS, Principal Secretary Member
to the Government, Industries and Commerce Department.
726 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
3. Mr. Rohit Kansal, IAS, Principal Secretary Member
to the Government, Planning, Development and Monitoring Department.
4. Mr. Hilal Ahmad Parray, IAS, Commissioner/ Member
Secretary to the Government, General Administration Department.
The Committee shall hear grievances on service related matters of Government employees and take appropriate action in each case.
The Committee shall address grievances of Government employees, as per schedule drawn by itself and shall meet individual petitioner(s) atleast once a week to address their issues.
The Committee shall be served by the Planning, Development and
Monitoring Department (Public Grievances Cell).
By order of the Government of Jammu and Kashmir.
(Sd.) HILAL AHMAD, IAS,
Commissioner/Secretary to the Government.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT.
Subject :—Simultaneous action of prosecution and initiation of
departmental proceedings-guidance thereof.
–––––––
Notification No. 49-GAD of 2018
Dated 12-12-2018.
The issue regarding conduct of Departmental Enquiry in general cases and in particular where prosecution stands sanctioned has been reviewed by the General Administration Department. It has been observed that there is lack of clarity regarding initiation of departmental proceedings in cases where criminal proceedings have either been sanctioned or the proceedings in the criminal case has been proceedings No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 727 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
have either been sanctioned or the proceedings in the criminal case has been stayed by a Higher Fourm, with tendency being to await conclusion of the criminal proceedings. However, this may be correct appreciation of the rules governing departmental proceedings.
2. The matter has been commented upon by the Apex Court in plethora of judicial pronouncements and the Hon'ble Apex Court has held that there is no legal bar in simultaneous conduct of departmental proceedings along with the criminal proceedings.
3. The Hon'ble Supreme Court in the case titled "State of Rajasthan Vs. Sh. B. K. Meena and Others" has held as under :—
"........the approach and the objective in the criminal proceedings and the disciplinary proceedings is altogather distinct and different. In the disciplinary proceedings, the question is whether the respondent is guilty of such conduct as would merit his removal from service or a lesser punishment, as the case may be, whereas in the criminal proceedings the question is whether offences registered against him under the Prevention of Corruption Act (and the Indian Penal Code, if any) are established and, if established and, if establishment, what sentence should be imposed upon him. The standard of proof, the mode of enquiry and the rules governing the enquiry and trial in both the case are entirely distinct and different. Staying of disciplinary proceedings pending criminal proceedings, to repeat, should not be matter of course but a considered decision. Even if stayed at one stage, the decision may require reconsideration with the criminal case gets unduly delayed.........."
The Hon'ble Supreme Court in the case titled 'State Bank of
India and Others Vs. Neelam Nag' held as under :—
"........suffice it to say that while there is no legal bar to the holding of the disciplinary proceedings and the criminal trail simultaneously, stay of the disciplinary proceedings may be an advisable course in cases where the criminal charge against the employee is grave and continuance of the disciplinary proceedings is likely to prejudice their defence before the Criminal Court. Gravity of the charge is, however, not by itself enough to determine the question unless the charge involves complicated question of law and fact. The Court examining the question must 728 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
also keep in mind that criminal trails get prolonged indefinitely especially where the number of accused arrainged for trail is large as is the case at hand and so are the number of witnesses cited by the prosecution. The Court, therefore, has to draw a balance between the need for a fair trail to the accused on the one hand and the competing demand for an expeditious conclusion of the ongoing disciplinary proceedings on the other. An early conclusion of the disciplinary proceedings has itself been seen by this Court to be in the interest of the employees. (emphasis supplied)....."
4. Thus, it is a settled legal position that the criminal proceedings and department proceedings can be held simultaneously except in cases where the Hon'ble Court has specifically restrained the Government from undertaking departmental proceedings.
5. In view of the above, it is impressed upon all departments to initiate departmental proceedings in all such criminal cases where the criminal proceedings have been initiated and the alleged criminal act amounts to act(s) of misconduct and as such attracts the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The departments should accordingly, take recourse and strictly adhere to aforesaid Rules of 1956 wherever Departmental Enquiry in such case(s) has to be initiated.
By order of the Government of Jammu and Kashmir.
(Sd.) HILAL AHMAD, IAS,
Commissioner/Secretary to the Government.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 317-Rev(LAJ) of 2018
Dated 17-07-2018.
Whereas, the land specifications whereof are given below is required for public purpose viz. for construction of Police Post, Jamslan No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 729 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
(Shajroo) in Village Jamslan, Tehsil Mahore, District Reasi by Police Department ;
Specifications of land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Reasi Mahore Jamslan 426/356/2018 min 16–07
185 min 03–13 –––––– Total 20–00 ––––––
Whereas, on the basis of an indent placed by Sr. Superintendent of Police, Reasi vide No. GB/LAC-15/2015/29072-74 dated 24-08-2015, a notification under section 4(1) was issued by Collector, Land Acquisition (SDM), Mahore vide No. SDM/M/CLA/2015-16/133-39 dated 10-09-2015 for land measuring 20 Kanals situated in Village Jamslan, Tehsil Mahore, District Reasi ;
Whereas, the Collector, Land Acquisition (SDM), Mahore vide No. SDM/M/15-16/224-25 dated 30-01-2016 has reported that the notification issued under section 4(1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM), Mahore vide number referred to above duly endorsed by Deputy Commissioner, Reasi vide No. DC/Rsi/17-18/1436-38/SQ dated 09-03-2018, Divisional Commissioner, Jammu vide No. 502/2585/Acq/ PP/Jamslan/Rsi/18/678-80 dated 15-05-2018 and by Financial Commissioner, Revenue vide No. FC-LS/LA-4464/2016 dated 31-05-2018 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of Police Post, Jamslan (Shajroo) in Village Jamslan, Tehsil Mahore, District Reasi by Police Department.
730 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––———— Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 20 Kanals situated in Village Jamslan, Tehsil Mahore, District Reasi, particulars whereof are given above is required for public purpose viz. for construction of Police Post, Jamslan (Shajroo) in Village Jamslan, Tehsil Mahore, District Reasi by Police Department. Further, the Collector, Land Acquisition (Mahore), Reasi 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 verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government, Revenue Department.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 312-Rev(LAJ) of 2018
Dated 17-07-2018.
Whereas, the land specifications whereof are given below is required for public purpose viz. for 132 Transmission Line Tower No. T 38, T 40 which are re-aligned due to construction of NH Four Lane alongside the Udhampur Chenani Section in Village Sewna, Tehsil Chenani, District Udhampur ;
Specifications of land
District Tehsil Village Tower Kh. Nos. Area
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Udhampur Chenani Sewna T 38 3 min 01–01
T 38 7 min 00–07 No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 731 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
T 39 14 min 01–08
T 40 168 min 01–08
T 41 172 min 01–08
T 42 181/1 min 01–08
T 43 181/2 min 01–08
T 44 186/1 min 01–08
T 45 192/1 min 01–16
T 46 201 min 01–16
T 47 201 min 01–16
––––––
Total 15–04
––––––
Whereas, on the basis of an indent placed by Project Director,
National Highway, PIU, Jammu vide No. PD/JMU/F&A/2016-17/12018/
U-R/1842 dated 26-07-2016, a notification under section 4(1) was issued
by Collector, Land Acquisition (ADC), Udhampur vide No. LA/ADC/
646-55 dated 07-09-2017 for land measuring 15 Kanals 04 Marlas
situated in Village Sewna, Tehsil Chenani, District Udhampur ;
Whereas, the Collector, Land Acquisition (ADC), Udhampur vide
No. LA/ADC/46-47 dated 11-05-2018 has reported that the notification
issued under section 4(1) of the J&K State Land Acquisition Act was
served upon the interested persons for filing objections, if any, to the
proposed acquisition, but no objection was received from the land
owners/interested persons in the prescribed time period as required under
sections 5 & 5-A of the Land Acquisition Act ;
732 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
Whereas, the report furnished by Collector, Land Acquisition
(ADC), Udhampur vide number referred to above duly endorsed
by Deputy Commissioner, Udhampur vide No. DCU/SQ/459-60
dated 11-05-2018 has been examined and it has been found that the
land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars
whereof are given above is required for 132 Transmission Line Tower
No. T 38, T 40 which are re-aligned due to construction of NH Four
Lane alongside the Udhampur Chenani Section in Village Sewna, Tehsil
Chenani, District Udhampur.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that land measuring
15 Kanals 04 Marlas situated in Village Sewna, Tehsil Chenani, District
Udhampur, particulars whereof are given above is required for 132
Transmission Line Tower No. T 38, T 40 which are re-aligned due
to construction of NH Four Lane alongside the Udhampur. Chenani
Section in Village Sewna, Tehsil Chenani, District Udhampur. Further,
the Collector, Land Acquisition (SDM), Chenani 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 verification of all types of land involved
in the case and apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government,
Revenue Department.
––––––––
No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 733 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 313-Rev(LAJ) of 2018
Dated 17-07-2018.
Whereas, the land specifications whereof are given below is required for public purpose viz. for extension of STC, BSF for providing of basic amenities and training infrastructure in Village Roun, Tehsil and District Udhampur by BSF ;
Specifications of land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Udhampur Udhampur Roun 562 min 07–09
562 min 00–10 –––––– Total 07–19 ––––––
Whereas, on the basis of an indent placed by Inspector General, Headquarters STC BSF, Jammu vide No. 20001/169/LA/BOP/2016/819- 22 dated 17-09-2016, a notification under section 4(1) was issued by Collector, Land Acquisition (Special Collector, Defence), Udhampur vide No. CLAD/Udh/938-46 dated 26-04-2017 for land measuring 07 Kanals and 19 Marlas situated in Village Roun, Tehsil and District Udhampur ;
Whereas, the Collector, Land Acquisition (Special Collector, Defence), Udhampur vide No. CLAD/Udh/965-66 dated 17-05-2018 has reported that the notification issued under section 4(1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (Special Collector, Defence), Udhampur vide number referred to above duly endorsed by Deputy Commissioner, Udhampur vide No. DCU/SQ/ 552-54 dated 19-05-2018 has been examined and it has been found 734 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for extension of STC, BSF for providing of basic amenities and training infrastructure in Village Roun, Tehsil and District Udhampur by BSF.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 07 Kanals and 19 Marlas situated in Village Roun, Tehsil and District Udhampur, particulars whereof are given above is required for public purpose viz. for extension of STC, BSF for providing of basic amenities and training infrastructure in Village Roun, Tehsil and District Udhampur, by BSF. Further, the Collector, Land Acquisition (Special Collector, Defence), Udhampur 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 verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government, Revenue Department.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 330-Rev(LAJ) of 2018
Dated 18-07-2018.
Whereas, the land specifications whereof are given in Annexure "A" to this notification is required for public purpose viz. for construction of Road from Kholiyan Tallal to Samoodh (Phsae-VII) in Village Dhar Jankhar, Tehsil Basohli, District Kathua under PMGSY ;
Whereas, on the basis of an indent placed by Executive Engineer, PMGSY Division, Kathua, a notification under section 4(1) was issued ¼ ¾
No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 735 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
by Collector, Land Acquisition (ADC), Kathua vide No. ADC/BSL/ 2017-18/19-26 dated 04-10-2017 for land measuring 27 Kanals and 18 Marlas, situated in Village Dhar Jankhar, Tehsil Basohli, District Kathua ;
Whereas, the Collector, Land Acquisition (ADC), Basohli vide No. ADC/BSL/2017-18/51 dated 26-12-2017 has reported that the notification issued under section 4(1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ADC), Basohli vide number referred to above duly endorsed by Deputy Commissioner, Kathua vide No. DCK/LA/2017-18/2091-93 dated 14-02-2018, Divisional Commissioner, Jammu vide No. 502/3129/Acq/ PMGSY/Dhar Jankhar/Kathua/18/71-73 dated 06-04-2018 and by Financial Commissioner, Revenue vide No. FC-LS/LA-4634/2018 dated 20-04-2018 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given in Annexure "A" to this notification is required for public purpose viz. for construction of Road from Kholiyan Tallal to Samoodh (Phase-VII) in Village Dhar Jankhar, Tehsil Basohli, District Kathua under PMGSY.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 27 Kanals and 18 Marlas situated in Village Dhar Jankhar, Tehsil Basohli, District Kathua, particulars whereof are given in Annexure "A" to this notification is required for public purposes viz. for construction of Road from Kholiyan Tallal to Samoodh (Phase-VII) in Village Dhar Jankhar, Tehsil Basohli, District Kathua under PMGSY. Further, the Collector, Land Acquisition (ADC), Basohli 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 736 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
in the case and making apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government, Revenue Department.
––––––––
Annexure "A"
Particulars of land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kathua Basohli Dhar Jankhar 917 min 04–19
919 min 04–07
920 min 06–04
928 min 04–09
1684/929 min 01–00
930 min 06–03
1690/932 min 00–16 –––––– Total 27–18 ––––––
–––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 331-Rev(LAJ) of 2018
Dated 18-07-2018.
Whereas, the land specifications whereof are given in Annexure "A" to this notification is required for public purpose viz. for construction No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 737 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
of Atholi Gossi Link Road at Villages Atholi and Liddar, Tehsil Padder, District Kishtwar ;
Whereas, on the basis of an indent placed by Executive Engineer, PWD (R&B) Division, Kishtwar, a notification under section 4(1) was issued by Collector, Land Acquisition (ADC), Kishtwar vide No. ADCK/ LA/2017/468-74 dated 05-09-2017 for land measuring 20 Kanals and 13 Marlas situated in Village Atholi and Liddar, Tehsil Padder, District Kishtwar ;
Whereas, the Collector, Land Acquisition, Kishtwar vide No. ADCK/LA/2018/18 dated 12-04-2018 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 period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ADC), Kishtwar vide number referred to above duly endorsed by District Collector (DC), Kishtwar vide No. DCK/LA/2018/63-69 dated 17-04-2018 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. construction of Atholi Gossi Link Road in Villages Atholi and Liddar, Tehsil Padder, District Kishtwar.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 20 Kanals and 13 Marlas situated in Villages Atholi and Liddar, Tehsil Padder, District Kishtwar, particulars whereof in Annexure "A" is required for public purposes viz. for construction of Atholi Gossi Link Road in Villages Atholi and Liddar, Tehsil Padder, District Kishtwar. Further, the Collector, Land Acquisition (ACR), Kishtwar is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is also ordered that on expiry of fifteen days from the publication of the notification under sections 9 (2) of the said Act, the Collector will take possession of the aforementioned land situated 738 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
in Villages Atholi and Liddar, Tehsil Padder, District Kishtwar, required for public purposes, subject the fulfillment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government, Revenue Department.
––––––––
Annexure "A"
Particulars of land
District Tehsil Village Khasra Area No. No. No. of
Nos. of of Fr- N. Fr-
Str- uit be- uit be- uct- aring aring
ure Trees Trees
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6 7 8
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kishtwar Atholi Atholi 1547 min 00–08 Nil Nil Nil
Padder
1548 min 00–08 Nil Nil Nil
1552 min 00–12 Nil Nil Nil
1553 min 01–09 Nil Nil Nil
1554 min 00–09 Nil Nil Nil
1694 min 01–09 Nil Nil Nil
1695 min 00–08 Nil 05 05 No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 739 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
1 2 3 4 5 6 7 8
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
1895 min 01–07 Nil Nil Nil
1852 min 00–08 01 02 Nil
1853 min 00–09 Nil 04 Nil
1855 min 00–04 Nil Nil Nil
1893/1 min 01–01 Nil Nil Nil
1707 min 00–02 Nil Nil Nil
1738 min 00–12 Nil Nil Nil
1739 min 00–04 Nil Nil Nil
1744 min 00–14 Nil Nil Nil
1753 min 00–02 Nil Nil Nil
1754 min 00–02 Nil Nil Nil
1755 min 00–12 Nil Nil Nil
1755 min 00–06 Nil Nil Nil
1756 min 00–12 Nil Nil Nil
1757 min 01–00 Nil Nil 10
1759 min 01–00 Nil 08 06
2043/1760 min 00–12 Nil Nil 06
3024/1821 min 00–05 Nil Nil Nil
3024/1821 min 00–02 Nil Nil Nil
3025/1821 min 00–02 Nil Nil Nil
3025/1821 min 00–02 Nil Nil Nil
1830 min 00–13 Nil Nil Nil
1831 min 00–04 Nil 04 Nil
740 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
1 2 3 4 5 6 7 8
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
1835 min 00–04 Nil Nil Nil
1834 min 00–03 Nil Nil Nil
1834 min 00–04 Nil Nil Nil
1850 min 00–12 Nil Nil Nil
1856 min 00–06 Nil Nil Nil
2040/1696 min 00–14 Nil Nil 20
Lidder 4043/1743 min 00–08 Nil Nil Nil
1854 min 00–07 Nil Nil Nil
1894 min 01–03 Nil 05 Nil
1543 min 00–14 Nil Nil Nil
––––––––––––––––––––––––––––––––––––––
Total 20–13 01 28 47
––––––––––––––––––––––––––––––––––––––
–––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 332-Rev(LAJ) of 2018
Dated 18-07-2018.
Whereas, the land specifications whereof are given in Annexure "A" to this notification is required for public purpose viz. for construction of Road from Ritti to Kuperala in Village Lussal, Tehsil and District Udhampur under PMGSY ;
Whereas, on the basis of an indent placed by Executive Engineer, PMGSY Division, Udhampur-I vide No. PMGSY/Div/Udh-I/184-89 dated 03-05-2016, a notification under section 4(1) was issued by Collector, Land Acquisition (ACR), Udhampur vide No. ACRU/SQ/ 6480-88 dated 09-02-2018 for land measuring 09 Kanals 08 Marlas situated in Village Lussal, Tehsil and District Udhampur ;
No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 741 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
Whereas, the Collector, Land Acquisition (ACR), Udhampur vide No. ACRU/SQ/241 dated 18-04-2018 has reported that the notification issued under section 4(1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR), Udhampur vide number referred to above duly endorsed by Deputy Commissioner, Udhampur vide No. DCU/268-70 dated 20-04-2018 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given in Annxure "A" to this notification is required for public purpose viz. for construction of Road from Ritti to Kuperala in Village Lussal, Tehsil and District Udhampur under PMGSY.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 09 Kanals and 08 Marlas situated in Village Lussal, Tehsil and District Udhampur, particulars whereof given in Annexure "A" to this notification is required for public purposes viz. construction of Road from Ritti to Kuperala in Village Lussal, Tehsil and District Udhampur under PMGSY. Further, the Collector, Land Acquisition (ACR), Udhampur 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 verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) SHAHID ANAYATULLAH, IAS,
Commissioner/Secretary to Government, Revenue Department.
––––––––
742 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
Annexure "A"
Particulars of land
District Tehsil Village Kh. Nos. Area Kind of
soil
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Udhampur Udhampur Lussal 02 min 00–10–03 Hail
03 min 01–17–08 Hail
04 min 00–01–06 Hail
11 min 00–03–03 Pail
Asmani
12 min 00–07–02 B. Q.
15 min 00–05–02 Hail
16 min 00–15–08 Pail
Asmani
26 min 01–00–06 G. M.
27 min 00–04–07 Hail
28 min 00–01–06 Hail
31 min 00–15–04 Hail
147 min 00–12–06 W.
Changi
149 min 00–01–03 G. M.
150 min 00–09–00 B. Q.
152 min 00–00–07 W. Mandi
156 min 00–03–06 W. Mandi No. 40] The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940. 743 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
1 2 3 4 5 6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
156 min 00–01–02 W. Mandi
157 min 00–14–03 W. Mandi
158 min 00–02–08 B. Q.
159 min 00–18–00 B. Q.
–––––––––
Total 09–08–00
–––––––––
–––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Judicial Administration Section)
Subject :—Allocation of Departments amongest the Law Officers in
the Kashmir Wing of the Hon'ble High Court.
–––––––
Government Order No. 5531-LD (A) of 2018
Dated 08-10-2018.
In partial modification of Government Order No. 3986-LD(A) of 2018 dated 18-07-2018, the following re-distribution of litigation work amongst the Law Officers in the Kashmir Wing of the Hon'ble High Court, in addition to their own assignments, is ordered, as shown against each :—
S. Name of the Law Officer Department allotted
No. and Designation ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
1. Bashir Ahmad Dar, Senior i. Agriculture Production
Additional Advocate General Department.
ii. Horticulture Department 744 The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––————
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
2. Nissar Hussain Shah, Rural Development
Additional Advocate General Department
3. Mushtaq Ahmad Chasoo, Tourism Department
Additional Advocate General
4. Asif Maqbool, Government Higher Education
Advocate Department
5. M. Uthman Gani, Relief and Rehabilitation
Government Advocate Department
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Thu., the 3rd Jan., 2019/13th Pausa, 1940. [ No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 compliance to the Government Order No. 1723-GAD of 2018
dated 08-12-2018, I hereby assume the charge of Principal Secretary to
the Government, Housing and Urban Development Department to look
after the work of Smart Cities and proposed new Jammu/Srinagar
Metropolitan Regional Development Authorities, today on 16-12-2018 FN.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary.
–––––––
80 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
In pursuance Govt. Order No. 356-FST of 2018 dated 26-10-2018 and issued under endorsement No. FST/Ser/90/2018 dated 26-10-2018, we the undersigned do hereby have handed over and taken over the charge of Divisional Forest Officer, Rajouri today on 29-10-2018.
We do hereby certify that following cheque books stands handed
over and taken over :—
CAMPA A/c No. CD 16377/SG 099101 to 099184 used (Gujjar Mandi Branch) 099185 to 099200 unused
Eco Tourism Society (DKG) 100601 to 100603 used A/c No. 0259040500016507 100604 to 100700 unused
(Sd.) MUSHTAQ HUSSAIN,
Relieved Officer.
(Sd.) ZAHID ASLAM MUGHAL,
Relieving Officer.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Jammu, Thu., the 3rd Jan., 2019/13th Pausa, 1940. [ No. 40
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 the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), REASI.
Notification
Subject :––Notification under section 4 (1) of the Land Acquisition Act, 1990 BK for land measuring 11 Marlas 6 Sirsai in Village Reasi, Tehsil Reasi for erection of Towers of 132 KV D/C Transimission line for Konkan Railways.
––––––––
In exercise of powers vested in me under section (1) of section (4) of the Land Acquisition Act, 1990 BK, I, Harbans Lal, KAS, Collector, Land Acquisition (Assistant Commissioner, Revenue), Reasi, do hereby notify the land, particulars of which are given below, which is likely to be needed for the public purpose i.e. erection of 132 KV Transmission line Towers in Village Reasi, Tehsil Reasi.
550 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40
Objections, if any, to the acquisition of the said land shall be received by the undersigned either individually/personally or through authorized agent within 15 days from the date of issuance of this notification in my office at Deputy Commissioner Office Complex, Reasi.
Particulars of land
District Tehsil Village Tower Kh. Nos. Area
Location No.
—————————————————————————————
1 2 3 4 5 6
—————————————————————————————
K. M. S. Reasi Reasi Reasi 22 601 00-11-6
––––––––
Total 00-11-6
––––––––
Note :—The land under acquisition has been measured in local kanals.
(Sd.) HARBANS LAL, KAS,
Collector, Land Acquisition, Assistant Commissioner (Rev.), Reasi.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), REASI.
Notification
Subject :––Notification under section 4 (1) of Land Acquisition Act, 1990 BK for acquisition of private land measuring 143 Kanals 09 Marlas for construction of PMGSY road from "Bhabbar to Mansoo" at Village Kundra, Tehsil and District Reasi under PMGSY, Phase-VI.
––––––––
In exercise of the powers vested in me under sub-section (1) of section (4) of the Land Acquisition Act, 1990 BK, I, Harbans Lal, KAS, No. 40] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 551
Collector, Land Acquisition (Assistant Commissioner, Revenue), Reasi, do hereby notify the land, particulars of which are given below, which is likely to be needed for the public purpose i.e. "Construction of PMGSY road from Bhabbar to Mansoo at Village Kundra," Tehsil and District Reasi under PMGSY, Phase-VI.
Objections, if any, to the acquisition of the said land shall be received by the undersigned either individually/personally or through authorized agent
within 15 days from the date of issuance of this notification in my office at
Deputy Commissioner Office Complex, Reasi.
Specification of land
District Tehsil Village Khasra Nos. Area
—————————————————————————————
1 2 3 4 5
—————————————————————————————
K. M.
Reasi Reasi Kundra 143 min 01-08
591 min 02-04
572 min 64-10
285/96 min 02-02
109 min 00-10
109 min 00-10
109 min 00-19
122/2 min 00-15
123 min 00-13
135 min 01-04
661/137 min 01-00 552 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40
1 2 3 4 5
—————————————————————————————
K. M.
662/137 min 01-13
662/137 min 01-06
644/153 min 01-13
644/153 min 01-09
154 min 00-06
157 min 00-03
314 min 00-19
314 min 00-19
315 min 00-17
313 min 00-09
656/304 min 00-11
316 min 00-11
223 min 01-12
394 min 00-10
387 min 00-03
388 min 01-05
671/512 min 02-00 No. 40] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 553
1 2 3 4 5
—————————————————————————————
K. M.
127 min 03-06
292 min 00-01
393 min 03-10
332 min 01-03
285 min 00-10
284 min 02-16
274 min 01-05
273 min 00-10
272 min 00-05
270 min 00-17
269 min 00-16
334 min 00-06
335 min 03-05
339 min 00-05
340 min 01-18
286/96 min 01-03
286/96 min 02-02 554 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40
1 2 3 4 5
—————————————————————————————
K. M.
110 min 00-11
122/1 min 00-15
155 min 00-10
107 min 00-17
106 min 02-13
126 min 00-11
124 min 01-00
123 min 01-01
125 min 02-02
668/303 min 02-11
300 min 00-08
301 min 00-18
297 min 00-13
296 min 00-14
342 min 00-13
341 min 02-16
392 min 04-02
395 min 01-00 No. 40] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 555
1 2 3 4 5
—————————————————————————————
K. M. 391 min 02-01
389 min 02-14
–––––––––
Total 143-09
–––––––––
Note :—The land under acquisition has been measured in local kanals.
(Sd.) HARBANS LAL, KAS,
Collector, Land Acquisition, Assistant Commissioner (Rev.), Reasi.
–––––––– OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), KISHTWAR.
Corrigendum
In reference to this office Notification No. ACR/LA/2017/2695-2700 dated 19-03-2018 for construction of Link road from Bhagna to Dichla, Village Chandna, Tehsil Nagseni, District Kishtwar, wherein at Sr. No. 9 of the above said Notification Kh. No. 59 has been recorded as 08 Marlas due to oversight.
Please read area of Khasra No. 59 Min as 05 Marlas instead of 08 Marlas appearing at S. No. 9, total area as 23 Kanals 11 Marlas instead of 23 Kanals 14 Marlas.
This has been worked out after exact calculation of area from the
field book during re-verification.
(Sd.) INDERJEET PARIHAR, KAS,
Collector, Land Acquisition Assistant Commissioner (Rev.), Kishtwar.
————
556 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40
OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), KISHTWAR.
Corrigendum
In reference to this office Notification under section 4 (1) issued vide No. ACR/LA/2017/K/305-11 dated 04-08-2017 of Land Acquisition case namely Construction of Link road from Machipal to Chamoti, Village Chamoti, Tehsil Drabshalla, District Kishtwar.
Please read area of Khasra No. 328/53 min mentioned at S. No. 20 as 01 Kanal 08 Marlas instead of 01 Kanal 18 Marlas and Khasra No. 52 at Sr. No. 44 as 04 Kanals 08 Marlas instead of 09 Kanals 08 Marlas. Hence the total area, read as 136 Kanal 02 Marlas instead of 141 Kanals 12 Marlas.
This has been worked out after re-verification of Area and Khasra
No 9s. from the field book.
(Sd.) INDERJEET PARIHAR, KAS,
Collector, Land Acquisition, Assistant Commissioner (Rev.), Kishtwar.
————
OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), KISHTWAR.
Corrigendum/Addendum
Please read in the column of Village from Sr. No. 4 to Sr. No. 34 as Village Bhandera instead of Village Nag Bhatna, in the notification issued vide this office No. ACR/LA/2018/2468-73 dated 16-08-2018, with regard to construction of Link Road from Kandni to Ohli. Besides, Village Bhandera be deemed added in line 5 of the said notification.
(Sd.) ...........................
Collector, Land Acquisition, Assistant Commissioner (Revenue), Kishtwar.
————
No. 40] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 557
OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), KISHTWAR.
Notification
In exercise of the powers conferred upon me under sub-section (1) of the section 4 of the J&K State Land Acquisition Act, I, Inderjeet Parihar (KAS), Assistant Commissioner, Revenue, Kishtwar do hereby notify the land, the particulars of which are given below and is likely to be needed for public purpose i.e. construction of Link road from Tkn to Mori, Village Tipri, Tehsil Bunjwah, District Kishtwar.
The interested persons, if any, with respect to the acquisition of land may file objections in my office within 15 days from the date of issuance of this notification. In pursuance of your objections, if any, you will be heard on :—
Particulars of land
District Tehsil Village Khasra Area No. of No. of No. of
Nos. Fruit Non- Structu-
bearing Fruit res
Trees bearing
Trees
—————————————————————————————
1 2 3 4 5 6 7 8
————————————————————————————— K. M.
Kishtwar Bunjwah Tipri 2 02-00 10 00 01
1 01-17 06 00 00
101 min 02-13 02 00 00
102 min 00-16 00 00 00
585/103 10-11 00 00 00
3 01-12 11 00 00
4 03-14 11 00 00 558 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40
1 2 3 4 5 6 7 8
—————————————————————————————
K. M.
4 03-14 06 00 00
4 02-03 00 00 00
5 02-04 09 00 00
6 04-01 14 00 00
9 02-11 18 00 00
10 min 01-19 00 00 00
11 02-07 00 00 00
12 01-05 00 00 00
14 01-03 09 00 00
15 02-06 00 00 00
576/16 min 01-12 00 00 00
576/16 min 04-15 11 00 00
578/16 02-11 00 00 00
571/16 01-03 07 00 00
20 02-08 15 00 00
22 01-06 00 00 00
21 00-04 04 00 00
21 00-04 00 00 00
23 01-19 07 00 00
588/580/17 02-08 33 00 00
No. 40] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 559
1 2 3 4 5 6 7 8
—————————————————————————————
K. M.
588/580/17 02-16 11 00 00
574/18 02-08 00 00 00
574/18 02-03 00 00 00
101 min 01-03 14 00 00
————————————
Total 73-16 198 00 01
————————————
(Sd.) INDERJEET PARIHAR, KAS,
Collector, Land Acquisition Assistant Commissioner (Rev.), Kishtwar.
————— GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, KASHMIR.
Notification
Jammu, dated 20th September, 2018.
Consequent upon the increase in the rates of PDS SKO by the Oil Marketing Companies, and in supersession of all previous notifications issued on the subject by this Directorate and in exercise of the powers vested in me under clause 2 (B) of Kerosene (Fixation of Ceiling Price), Order 1970, I, Nisar Ahmad Wani, Director, Food Civil Supplies and Consumer Affairs Kashmir, hereby, revise and refix the sale rate of PDS SKO at Rs. 30.14 per litre applicable within the Municipal Limits of Srinagar District for the month of September, 2018. The rate so arrived has been determined in the manner as indicated in the table below :—
S. No. Particulars Rate per KI (Form XV) —————————————————————————————
1 2
3
————————————————————————————— 1. Delivered rate of oil company/KL Rs. 25906.00 560 The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [No. 40
1 2
3
————————————————————————————— 2. Revised wholesale commission Rs. 1008.83
3. Local Transportation with increase of Rs. 230.00
0.07 per litre
4. GST on freight and commission at 5% Rs.61.94
5. Total wholesale rate per KL Rs. 27206.77
6. Wholesale rate per Litre Rs. 27.21
7. Product loss of retailer ect. @ 213/- per Rs. 00.21
KL i.e. 0.21/- per Litre
8. Retailers margin at 10% per Litre Rs. 02.72
9. Retail rate per litre Rs. 30.14
All the SKO dealers shall accordingly, sell the SKO on the aforementioned fixed rate only and shall also display the rate so fixed at conspicuous places at their respective depots. In case of any default by any dealer, action as warranted under section 3/7 of the Essential Commodities Act, 1955 shall be invoked against the erring dealer.
(Sd.) NISAR AHMAD WANI, KAS,
Food, Civil Supplies and Consumer Affairs, Kashmir.
————
Notice
I, Anil Sharma S/o Krishan Pal Sharma R/o Gurha Pattan, Jammu have applied for correction of my DOB, which has been wrongly written as 25-10-1983 instead of correct DOB 03-07-1980 in my Pan Card bearing No. CATPS9401E. Now, I am applying for correction of the same. Objection, if any, may be conveyed to concerned authority within seven days from date of publication of this notice.
Anil Sharma, S/o Krishan Pal Sharma R/o Gurha Pattan, Jammu.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Thu., the 3rd Jan., 2019/13th Pausa, 1940. [No. 40
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS––C
––––––
POLICE HEADQUARTERS, J&K, SRINAGAR
(Provision Section).
NIT No. 66 of 2018
Dated 19-12-2018.
For and on behalf of the Governor of Jammu and Kashmir, e-Tenders
in two cover system (Technical and Financial Bid) are hereby invited from
original manufacturers/authorized dealers (having specific authorization from
their original manufacturer/s to quote against this tender as per format
provided in Appendix-I) for supply of Tentage as detailed in Annexure A to
this NIT (as indicated in the detailed SBD and BoQs). The download of "
166 The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– NIT shall start on 18-12-2018 at 1300 hours. Tenders shall be submitted online on J&K State e-Procurement Portal www.jktenders.gov.in before 10-01-2019 up to 1600 hours. The samples shall be submitted at Police Central Store, Gandhi Nagar, Jammu and Police Central Store, Zewan, Srinagar before closing date of submission of e-Tender. Samples received after the prescribed date or time shall not be accepted.
The tenders (technical bids only) will be opened online on 12-01-2019 at 1100 huors at Police Headquarters, J&K, Sringagar. In case of unforeseen circumstances, the date of opening will be next working day.
Detailed tender documents (SBD) with terms and conditions are
available on J&K State e-Procurement Protal www.jktenders.gov.in.
(Sd.) MUBASSIR LATIFI, JKPS,
AIG (Provision/Transport) For Director General of Police, J&K, Jammu.
––––––––
POLICE HEADQUARTERS, J&K, JAMMU (Provision Section).
Extension Notice of NIT No. 59 of 2018 dated 13-11-2018
In view of administrative reasons the critical dates of e-Tender Notice of 59 of 2018 dated 13-11-2018 floated for purchase of "Hospital Equipments" are extended as under :—
(i) Last date of submission of online tenders shall be 31-12-2018
up to 1800 hours instead of 20-12-2018 at 1800 hours.
(ii) Last date of opening of tender shall be 02-01-2019 at 1100
hours instead of 22-12-2018 at 1100 hours.
Other terms and conditions of the tender shall remain unchanged.
(Sd.) MUBASSIR LATIFI, JKPS,
AIG (Provision/Transport) For Director General of Police, J&K, Srinagar.
––––––––
No. 40] The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. 167 –––––––––––––––––––––––––––––––––––––––––––––––––––––– POLICE HEADQUARTERS, J&K, JAMMU (Provision Section).
Subject :–Extension note e-Tender No. 42 of 2018 dated 19-09-2018 floated for Selection of Service Provider for provision of lease line connectivity for CCTNS project etc.
––––––
The critical dates of above-mentioned e-Tender are extended as
under :–
(i) Last date for receiving of online technical bids=27-12-2018
up to 1800 hours.
(ii) Date for online opening of technical bids=29-12-2018 at 1100
hours.
However other contents of the tender shall remain unchanged.
(Sd.) MUBASSIR LATIFI, JKPS,
AIG (Provision/Transport) For Director General of Police, J&K, Jammu.
––––––––
POLICE HEADQUARTERS, JAMMU AND KASHMIR
(Provision Section).
NIT No. 67 of 2018
Dated 22-12-2018.
For and on behalf of the Governor of Jammu and Kashmir, e-Tenders
are hereby invited from original manufacturers or their authorized
dealers having proper authorization of the manufacturer to quote against
the tender for the supply of Anti Riot Gas Mask, as indicated in the detailed
SBD & BoQ. The download of NIT shall start on 22-12-2018 at 1100 hours. Tenders shall be submitted online on J&K State e-Procurement Portal www.jktenders.gov.in before 06-01-2019 up to 1800 hours.
The tenders (technical bids only) will be opened online on 08-01-2019 at 1100 huors at Police Headquarters, J&K, Gandhi Nagar, Jammu. Pre-bid 168 The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Meeting will be held at PHQ, J&K, Gandhi Nagar, Jammu on 29-12-2018 at 1500 hours. In case of unforeseem circumstances, the date of opening will be next working day or else as notified separately. Detailed tender documents with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.) MUBASSIR LATIFI, JKPS,
AIG (Provision and Transport) For Director General of Police, J&K, Jammu.
––––––––
POLICE HEADQUARTERS, J&K, JAMMU (Provision Section).
Amendment Notice
Consequent upon recommendations of the Pre-bid Clarification Committee, following amendment are made in e-Tender Notice No. 52 of 2018 dated 24-10-2018 floated for Supply, Installation and Commissioning of Video Conferencing Systems :—
S. No. Query Clarification ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Audio standards and protocols : Any equivalent or compatible
G. 711, G. 722, G. 722.1, G. 728, standard acceptable G. 729 or equivalent standard
2. 2XHDX microphone arrays Clause Omitted to facilitate
supported wider participation of
OEMs/bidders
3. H221, H224, H281, H323, H225, Clause dropped as the require-
H245, H241, H331, H239, ment of VC system is for IP H231, H243, H260, Bonding based only Mode 1 No. 40] The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. 169 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 4. LPR Technology Equivalent or better technology supported by different OEMs
5. H320, ISDN Quad, PRI, BRI Not required as the system is
IP based only
6. Serial RS 449, V. 35, RS 530 Clause Omitted to facilitate
with RS 366 dialling wider participation of
OEMs/bidders. Any equivalent, compatible or supporting feature acceptable
7. Audio SPID detection and line Clause Omitted to facilitate
number configuration wider participation of OEMs/
bidders. Any equivalent, compatible or supporting feature acceptable
8. Microsoft office communication Clause removed
server, ICE support, LYNC IP, IBMIP etc.
9. AES FIPS, H233/H234 Clause removed. Not required as the system is IP based only
10. S-Video Dropped
11. 10/100 Auto NIC (RJ45) 10/100/1000 MBPS support
12. Environment specifications Any specification to be able to
operate the system in J&K (which includes low temperature places of Leh/Kargil) weather and environmental conditions
13. Multipoint feature Multipoint feature should be
available and embedded in 170 The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. [No. 40 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
same system to be quoted/offered by the bidder. This is to ensure that no additional or extra hardware is to be procured for achieving multipoint feature in addition to the procured hardware
14. Removal of clause Clause removed
"The OEM must have R&D centre in India for last 10 years which could be verified by the department"
15. Inclusion of clause Not agreed
"Bidder should furnish the details of similar projects executed within last 3 years (Only bidder not OEM)"
16. Inclusion of clause Not agreed
"Bidder should have presence and have registered office in J&K State since last 5 years"
17. Inclusion of clause Not agreed
"Bidder should have supplied and furnish details of similar equipment supplied in at least two reputed Government institutions in J&K State"
Consequent up above amendments, if approved we may extend critical
dates of e-Tender as under :–
1. Last date for receiving of bids=27-12-2018 up to 1800 hours.
No. 40] The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. 171 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Date for online opening of technical bids=29-12-2018 at 1100
hours.
Other contents of the tender shall remain unchanged.
(Sd.) MUBASSIR LATIFI, JKPS,
AIG (Provision/Transport)
For Director General of Police,
J&K, Jammu.
––––––––
JAMMU AND KASHMIR STATE SPORTS COUNCIL, JAMMU.
GIST of e-NIT No. 04 of 2018
Dated 19-12-2018.
For and on behalf of the J&K State Sports Council, e-Tender are invited from the reputed manufacturers or their authorized distributors/dealers or registered suppliers for rate contract for supply of sports equipments to be installed in the multipurpose Indoor Halls of J&K State under PMDP.
S. Particulars Advertisement Earnest Cost of No. Cost Money Tender
Document ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Rate contract for Rs. 25.00 lacs Rs. 0.50 lacs Rs. 2,500/-
supply of sports equipments to be installed in the Multipurpose Indoor Halls of J&K State under PMDP as specified in Annexure-"A" of the Tender Document 172 The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Date of publishing of tender 20-12-2018 from 2.00 P. M.
Period of downloading of 20-12-2018 from 2.00 P. M.
documents
to 31-12-2018 up to 2.00 P. M.
Bid submission start date 20-12-2018 from 4.00 P. M.
Bid submission end date 31-12-2018 up to 4.00 P. M.
(online documents)
Date and time of opening 01-01-2019 at 2.00 P. M. or
of Bids (online)
subsequent date in the Office of Secretary, J&K State
Sports Council, Sports
House, M. A. Stadium, Jammu.
The tender documents along with other Terms and Conditions of the NIT and relevant documents can be downloaded from the State
website http://jktenders.gov.in. The tender shall be uploaded in electronic
format on the State website http://jktenders.gov.in. The bidders shall have to upload scanned copies of all necessary documents like CDR/PAN/GST
Number/Demand Draft/(Tender fee)/registration certificate duly renewed and hard copies thereof physically to tender receiving authority on due date
up to 4.00 P. M. The cost of tender documents shall be in the form of Bank
Draft drawn in favour of Chief Accounts Officer, J&K State Sports Council payable at Srinagar/Jammu and Earnest Money shall be pledged to Secretary,
J&K State Sports Council. The cost of tender documents is non-refundable whileas the Earnest Money is refundable.
(Sd.) ................................
Secretary, J&K State Sports Council,
Jammu.
––––––––
No. 40] The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. 173 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
JAMMU AND KASHMIR STATE SPORTS COUNCIL, JAMMU.
GIST of e-NIT No. 06 of 2018
Dated 24-12-2018.
For and on behalf of the J&K State Sports Council, e-Tender are invited from the reputed manufacturers or their authorized distributors/dealers or registered suppliers for supply of Gymnastic Floor Arena and Taekwondo equipments as specified in Annexure-A under special funds of District Development Commissioner, Jammu.
S. Particulars Advertisement Earnest Cost of No. Cost Money Tender
Document ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Supply of Gymnastic Rs. 10.00 lacs Rs. 0.20 lacs Rs. 2,000/-
Floor Arena and Taekwondo equip- ments as specified in Annexure "A" of the tender document
Date of publishing of tender 26-12-2018 from 2.00 P. M.
Period of downloading of 26-12-2018 from 2.00 P. M. to 08-01-2019 up to 2.00 P. M. documents
Bid submission start date 26-12-2018 from 4.00 P. M.
Bid submission end date 08-01-2019 up to 4.00 P. M. (online documents)
Date and time of opening 09-01-2019 at 2.00 P. M. or subsequent date in the Office of Bids (online) of Secretary, J&K State Sports Council, Sports House, M. A. Stadium,
Jammu.
174 The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940. [No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– The tender documents along with other Terms and Conditions of
the NIT and relevant documents can be downloaded from the State
website http://jktenders.gov.in. The tender shall be uploaded in electronic
format on the state website http://jktenders.gov.in. The bidders shall have to
upload scanned copies of all necessary documents like CDR/PAN/GST
Number/Demand Draft/(Tender fee)/registration certificate duly renewed.
The cost of tender documents shall be in the form of Bank Draft drawn
in favour of Chief Accounts Officer, J&K State Sports Council payable
at Srinagar/Jammu and Earnest Money shall be pledged to Secretary,
J&K State Sports Council. The cost of tender documents is non-refundable
whileas the Earnest Money is refundable.
(Sd.) ................................
Secretary,
J&K State Sports Council,
Jammu.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE GENERAL MANAGER,
RANBIR GOVERNMENT PRESS,
JAMMU (TAWI)—180005.
Extension of Short Term Tender Notice
Due to poor response, the date of receipt of the tenders invited
vide this office Short Term Tender Notice No. RGPJ/PC/6078-82 dated
Set-UP" in Press Factory is hereby extended up to 01-01-2019 till
12.00 Noon. The other terms and conditions shall remain unchanged.
(Sd.) F. H. QADRI,
General Manager.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Wed., the 19th Sept., 2018/28th Bhad., 1940. [No. 24-r –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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––HOME DEPARTMENT
Notification
Srinagar, the 19th September, 2018.
SRO-416.––Whereas, on 20-03-2015 Police Station, Bandipora
received information through reliable source that one separatist leader namely
Ameer Hamza Shah S/o Gh. Mohi-ud-Din Shah R/o Quilmuqam appeared 2 The J&K Govt. Gazette, 19th Sept., 2018/28th Bhad., 1940. [No. 24-r –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– in Jamia Masjid Jadeed, Bandipora and delivered anti-national speech
among the general public with intention to instigate the general public for
struggle against the country in order to separate Jammu and Kashmir from
the rest of India etc. ; and
2. Whereas, in this connection case FIR No. 41/2017 under section
13 of the Unlawful Activities (Prevention) Act, 1967 came to be registered
in Police Station, Bandipora ; and
3. Whereas, during the course of investigation, site plan was prepared,
statements of witnesses were recorded under relevant sections of law and
placed on record ; and
4. Whereas, investigation conducted, revealed that two persons
namely 1. Ameer Hamza Shah S/o Gh. Mohi-ud-Din Shah R/o Quilmuqam,
Bandipora and 2. Rayees Ahmad Mir S/o Mohammad Maqbool Mir
R/o Kehnusa, Bandipora appeared in Jamia Masjid Jadeed, Bandipora
during Friday prayers on 20-03-2015 and delivered anti-national speech
provoking thereby people against the integrity and sovereignty of State.
Resultantly, panic and chaos spread among the general masses ; and
5. Whereas, based on the facts and circumstances of the case,
prima facie, a case under section13 ULA (P) Act, was established against
above mentioned 02 accused persons and investigation was closed as
challan ; and
6. Whereas, the Authority appointed by the State Government
under sub-section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967 has independently scrutinized the Case Diary file and all the
other relevant documents relating to the case and has come to a definite
conclusion that this is a fit case for accord of sanction for launching
prosecution against the accused persons for the commission of offence
punishable under section 13 of UAPA Act, 1967 ; and
7. Whereas, after perusing the Case Diary, the relevant documents
and also taking into consideration the observations/views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities No. 24-r] The J&K Govt. Gazette, 19th Sept., 2018/28th Bhad., 1940. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provision of law.
8. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accord sanction for launching prosecution against the below mentioned accused persons for the commission of offence punishable under section 13 of UAPA Act, 1967 arising out of
FIR No. 41/2015 Police Station, Bandipora :–
1. Ameer Hamza Shah S/o Gh. Mohi-ud-Din Shah R/o Quilmuqam,
Bandipora ;
2. Rayees Ahmad Mir S/o Mohammad Maqbool Mir R/o Kehnusa,
Bandipora.
By order of the Government of Jammu and Kashmir
(Sd.) ..........................
Principal Secretary to the Government,
Home Department.
No. 26-g] The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. Mon. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY REGD. NO. JK—33
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 1st October, 2018.
SRO-442.––In exercise of powers conferred by sub-section (1) of
section 12 of the Code of Criminal Procedure, Samvat 1989,
the Government hereby appoint Shri Pawan Kumar Parihar (KAS),
Additional Deputy Commissioner, Kishtwar to be the Executive Magistrate
of the First Class who shall exercise all the powers of an Executive
Magistrate of the First Class within the territorial jurisdiction of District
Kishtwar.
The Government further in exercise of the powers conferred by
sub-section (2) of section 10 of the said Code appoint the aforesaid
Executive Magistrate as Additional District Magistrate, within the
territorial jurisdiction of District Kishtwar and shall have all the powers
of District Magistrate under the said Code.
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
No. 26-h] The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. Mon. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY REGD. NO. JK—33
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 1st October, 2018.
SRO-443.––In exercise of powers conferred by sub-section (1) of
section 12 of the Code of Criminal Procedure, Samvat 1989, the
Government hereby appoint Sh. Dhirendra Sharma (KAS), Assistant
Commissioner (Revenue), Doda to be the Executive Magistrate of the
First Class who shall exercise all the powers of an Executive Magistrate
of the First Class within the territorial jurisdiction of District Doda.
The Government further in exercise of the powers conferred by
sub-section (2) of section 10 of the said Code appoint the aforesaid
Executive Magistrate as Additional District Magistrate, within the
territorial jurisdiction of District Doda and shall have all the powers of
District Magistrate under the said Code.
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Mon., the 1st Oct., 2018/9th Asv.,1940. [No. 26-i –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 1st October, 2018.
SRO-444.––In exercise of the powers conferred by clause (o) of
sub-section (1) of section 4 of the Code of Criminal Procedure,
Samvat 1989, the Governor hereby directs and declares with effect from
the date of publication of this notification in the official Gazette, the place
specified in column (1) of the schedule hereunder as "Police Station" for
the area specified in the corresponding entry in column (2) thereof, in respect 2 The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940. [No. 26-i –––––––––––––––––––––––––––––––––––––––––––––—–––––—————
of the investigation of scheduled offences under the National Investigation
Agency Act, 2008 (34 of 2008) for exercising the powers under the provisions
of the Code of Criminal Procedure, Svt. 1989.
Name of the Police Station Areas falling within the
Jurisdiction of the Police Station
–––––––––––––––––––––––––––––––––––––––––––––––––––––– National Investigation Agency, Whole of the State of Jammu and Lane No. 03, Adarsh Enclave, Kashmir. Railway Road, Trikuta Nagar, Jammu (J&K)-180012
By order of the Governor.
(Sd.) R. K. Goyal, IAS,
Principal Secretary to the Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Mon., the 19th Nov., 2018/28th Kart.,1940. [No. 33-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
JAMMU AND KASHMIR LEGISLATIVE COUNCIL
SECRETARIAT, JAMMU.
BULLETIN PART-(II)
(General Information relating to Parliamentary and others Matters)
The term of the following Hon'ble Members is expiring
on 06-12-2018 :––
S. No. Hon'ble Member Elected/Nominated
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Shri Ali Mohammad Dar Elected Kashmir
(Panchayat) 2 The J&K Govt. Gazette, 19th Nov., 2018/28th Kart., 1940. [No. 33-4 –––––––––––––––––––––––––––––––––––––––––––––—–––––—————
1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Shri Ghulam Nabi Monga Elected Kashmir
(Panchayat)
3. Shri Sham Lal Bhagat Elected Jammu
(Panchayat)
4. Dr. Shenaz Ganai Elected Jammu
(Panchayat)
(Sd.) HAJI ANAYAT ALI,
Chairman.
–––––––
(Sd.) ABDUL MAJID,
Secretary.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Wed., the 19th Dec., 2018/28th Agra., 1940. [No. 37-17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
GOVERNOR'S SECRETARIAT JAMMU AND KASHMIR RAJ BHAVAN, SRINAGAR.
December 19th, 2018.
ORDER
In exercise of the powers conferred by Section 43 and sub- section (2) of Section 45 of the Constitution of Jammu and Kashmir read with Order No. GSR 1224 (E) dated 19th December, 2018 made by the President of India in pursuance of sub-clause (i) of clause (C) of the Proclamation dated 19th December, 2018 issued under Article 356 of the Constitution of India, I, Governor of Jammu and Kashmir hereby direct 2 The J&K Govt. Gazette, 19th Dec., 2018/28th Agra., 1940. [No. 37-17 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–—
that the provisions of the Jammu and Kashmir Government Business Rules shall apply for the more convenient transaction of Government Business and allocation thereof among the Advisors subject to the modification that any reference to the Cabinet, the Chief Minister and the Minister shall be construed as reference to the State Administrative Council, the Governor and the Advisor respectively.
This Order shall be deemed to have come into force with effect
from 19th December, 2018.
SATYA PAL MALIK,
Governor.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Legislation Section)
Jammu, the 19th December, 2018.
Published for general information.
(Sd.) ACHAL SETHI,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK–33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Mon., the 3rd Dec., 2018/12th Agra., 1940. [No. 35-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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)
Jammu, the 3rd December, 2018.
The following Act has been assented to by the Governor on
3rd December, 2018 and is hereby published for general information :––
THE JAMMU AND KASHMIR RIGHT TO INFORMATION
(AMENDMENT) ACT, 2018
(Governor Act No. XXVII of 2018)
[3rd December, 2018.]
Enacted by the Governor in the Sixty-ninth Year of the Republic of
India.
2 The J&K Govt. Gazette, 3rd Dec., 2018/12th Agra., 1940. [No. 35-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– An Act to amend the Jammu and Kashmir Right to Information
Act, 2009.
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 Right to Information (Amendment) Act, 2018.
(2) It shall come into force from the date of its publication in the
Government Gazette.
2. Amendment of section 12, Act No. VIII of 2009.–In section 12 of
the Jammu and Kashmir Right to Information Act, 2009, in sub-section (3), in
Explanation thereto, the full stop (.) at the end, shall be substituted by the
colon (:) and thereafter the following proviso shall be added, namely :––
"Provided that during the continuation of Proclamation issued under
section 92 of the Constitution of Jammu and Kashmir or Article 356
of the Constitution of India, as applicable to the State, the State Chief
Information Commissioner and the State Information Commissioners
shall he appointed by the Governor on the recommendation of the
Committee consisting of :––
(a) Advisors to the Governor (one of whom to be nominated by
the Governor shall be Chairperson of the Committee) ;
(b) Chief Secretary (Member-Secretary).
SATYA PAL MALIK,
Governor.
––––––––
(Sd.) ASHISH GUPTA,
Deputy Legal Remembrancer,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK–33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Fri., the 7th Dec., 2018/16th Agra., 1940. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––C
Notifications, Notices and Orders by the Election Commission.
–––––––
OFFICE OF THE ELECTION AUTHORITY UNDER J&K PANCHAYATI RAJ ACT, 1989 (CHIEF ELECTORAL OFFICER, J&K)
"Greater Participation for a Stronger Democracy"
Notification
Jammu, Dated the 07th December, 2018.
In view of a pending enquiry and decision thereof regarding acceptance of nomination papers of Sh. Arjun Singh S/o Late Atma Singh for Sarpanch seat of Panchayat Halqa, Latori Dhanori, Block Katra, the 2 The J&K Govt. Gazette, 7th Dec., 2018/16th Agra., 1940. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
date of poll appointed vide notification dated 12-11-2018 for conduct of elections to elect Sarpanches and Panches for Panchayat Halqa, Latori Dhanori, Block Katra of District Reasi is hereby postponed to 11-12-2018.
(Sd.) SHALEEN KABRA, IAS,
Election Authority Under J&K Panchayati Raj Act, 1989 (Chief Electoral Officer, J&K).
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Thu., the 11th Oct., 2018/19th Asv., 1940. [No. 28-d –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––LABOUR AND EMPLOYMENT DEPARTMENT
Notification
Srinagar, the 11th October, 2018.
SRO-463.––In exercise of the powers conferred by section 14 of
the Unorganised Workers Social Security Act, 2008, the Government of
Jammu and Kashmir hereby direct that "Form-I" of the Jammu and 2 The J&K Govt. Gazette, 11th Oct., 2018/19th Asv., 1940. [No. 28-d –––––––––––––––––––––––––––––––––––––––––––––—–––––————–—
Kashmir Unorganized Workers' Social Security Rules, 2010, shall be
substituted by the "Form-I" appended to this notification.
By order of the Government of Jammu and Kashmir.
(Sd.) SAURABH BHAGAT, IAS,
Commissioner/Secretary to the Government, Labour and Employment Department.
––––––––
No. 28-d] The J&K Govt. Gazette, 11th Oct., 2018/19th Asv., 1940. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——–
FORM-I
(See Rule 12)
Name of the Unorganized worker________________________________
Father's/husband's name________________________________________
Date of Birth________________________________________________
Occupation__________________________________________________
Address____________________________________________________
Present_____________________________________________________
Permanent__________________________________________________
__________________________________________________
Aadhaar Number_____________________________________________
Bank Account Details :
(i) Name of the Bank and Branch______________________________
(ii) 16 digit Account Number _________________________________
Dependents_________________________________________________
(a) Father_______________________________________________
(b) Mother______________________________________________
(c) Dependent Children_____________________________________
(d) Others ________________________________________________ EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Fri., the 19th Oct., 2018/27th Asv., 1940. [No. 29-g –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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–– FINANCE DEPARTMENT
Notification
Srinagar, the 19th of October, 2018.
SRO-478.––In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government on the recommendations of the Council 2 The J&K Govt. Gazette, 19th Oct., 2018/27th Asv., 1940. [No. 29-g –––––––––––––––––––––––––––––––––––––––––––––—–––––————–—
hereby makes the following amendment in the Jammu and Kashmir Goods and Services Tax Rules, 2017, namely :––
In rule 89, for sub-rule (4B), the following sub-rule shall
be substituted, namely :––
"(4B) Where the person claiming refund of unutilised input tax credit on account of zero rated supplies without payment of tax has––
(a) received supplies on which the supplier has availed the benefit of notification SRO No. 443 Dated 23--10-2017 or Notification No. 41/2017- Integrated Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, vide number G. S. R. 1321 (E), dated the 23rd October, 2017 ; or
(b) availed the benefit of notification No. 78/2017- Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, vide number G.S.R. 1299(E), dated the 13th October, 2017, section 3, sub-section (i), vide number G. S. R. 1272 (E), dated the 13th October, 2017 or Notification No. 79/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, vide number G. S. R. 1299(E), dated the 13th October, 2017, the refund of input tax credit, availed in respect of inputs received under the said notifications for export of goods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted.".
2. In rule 96, for sub-rule (10), the following sub-rule shall be
substituted, namely :––
"(10) The persons claiming refund of integrated tax paid on exports of goods or services should not have––
(a) received supplies on which the benefit of notification SRO No. 445 dated 23-10-2017 except No. 29-g] The J&K Govt. Gazette, 19th Oct., 2018/27th Asv., 1940. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——–
so far it relates to receipt of capital goods by such person against Export Promotion Capital Goods Scheme or notification SRO No. 443 dated 23-10-2017 or notification No. 41/2017- Integrated Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, vide number G.S.R. 1321 (E), dated the 23rd October, 2017 has been availed ; or
(b) availed the benefit under notification No. 78/2017- Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, vide G. S. R. No. 1272(E), dated the 13th October, 2017 or notification No. 79/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, vide G. S. R. No. 1299 (E), dated the 13th October, 2017 except so far it relates to receipt of capital goods by such person against Export Promotion Capital Goods Scheme.".
This notification shall come into force with effect from the date of publication of corresponding notification under Central Goods and Services Tax Rules, 2017 in the Central Gazette.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to Government, Finance Department.
EXTRAORDINARY REGD. NO. JK—33 THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Jammu, Wed., the 24th Oct., 2018/2nd Kart., 1940. [ No. 29-l
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––HOME DEPARTMENT
Notification
Srinagar, the 24th of October, 2018.
SRO-483.—Whereas, the Government in exercise of powers conferred under sub-rule (2-A) of rule 9 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules, 1969 in terms of SRO-104 dated 11-04-2008 notified the rates of rent with effect from 16-02-2008 for different categories of land for determining the compensation of agricultural and other lands ;
2 The J&K Govt. Gazette, 24th Oct., 2018/2nd Kart., 1940. [No. 29-l
2. And whereas, amongst other categories of lands mentioned in the
aforesaid notification, the rates of rent for the following categories of lands
were indicated as under : —
S. No. Categories of land Rates of rent per
Kanal per Annum
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Lands falling under Jammu Municipal Rs. 33,750.00
Corporation/Srinagar Municipal Corporation/
Poonch Municipal Council and Srinagar/
Jammu Cantonment areas
2. Lands falling under Municipal Councils Rs. 16,875.00
3. And whereas, in terms of communication No. 35/4/HRG/
REVISION/DE/NC/27 dated 25-10-2010, the office of Principal Director,
Defence Estates, inter alia, sought clarification in respect of rentals of
lands pertaining to Poonch Municipality ;
4. And whereas, separately, the land holders and residents of Border
Area of Poonch District filed a Writ Petition in the Hon'ble High Court at
Jammu, OWP No. 1204/2015 titled Nazir Hussain and Other Vs. Union of
India and Others, praying, inter alia, for the following relief :—
".... directing the respondents to make the payment of
rental compensation in accordance with SRO-104 dated 11-04-2008
issued by the Home Department, J&K...."
5. And whereas, the Hon'ble High Court in terms of order dated
22-04-2016 was pleased to dispose of the aforesaid petition with the following
directions :—
"(I) Commissioner /Secreta r y to Govt. of Ja mmu a nd
K a s h m i r , H o m e D e p a r t m e n t w i l l a c c o r d
consideration to the request of respondents No. 1 to 3 as /.
No. 29-l ] The J&K Govt. Gazette, 24th Oct., 2018 2nd Kart, 1940. 3
has been made for issuance of clarification vis-a-vis rate of rent which, according to the Rules as notified vide SRO-104, has been fixed @ Rs. 37750/- per kanal for land falling under Poonch Municipal Council. Though Municipal Council, Poonch in terms of Government Order dated 16-01-2009
has been bracketed with other Municipal Councils for which rate is fixed as Rs. 16,875/- per kanal but the same is contrary to rules.
(II) Commissioner/Secretary to Govt. of J&K, Home Department will clearly address the above issue and thereafter send the clarificatory report to the respondents No. 1 to 3 within a period of eight weeks from the date copy of the order is served upon respondent No. 4, which shall not be extendable.
(III) On receipt of clarificatory report, respondent No. 1 to 3 will finally settle the claim of the petitioners within a period of two weeks.
(IV) The respondent's No. 1 to 3 shall pay rent to the petitioners for the time being @ Rs. 16,875/- per kanal per annum. In case finally the amount of rent is fixed @ Rs. 16,875/- then in that eventuality respondents No. 1 to 3 will proceed to recover the excess amount of rent paid to the petitioner or in alternative stop payment of rent till the excess outstanding amount against the petitioners is satisfied. In case, rent @ Rs. 33750/- is found payable, then the arrears shall be paid to the petitioners.
(V) Right is reserved to both the parties to re-agitate subject to
survival of cause..."
6. And whereas, in light of the communication dated 25-10-2010 of Principal Director, Defence Estates and the order dated 22-04-2016 passed by the Hon'ble High Court, the matter was examined in light of the relevant rules and the subsequent notifications issued on the subject. It was observed that due to some clerical/typographical error, the words "Poonch Municipal Council" had got reflected in SRO-104 dated 11-04-2008 in column 2, S. No. 5 instead of column 2, S. No. 6 ;
4 The J&K Govt. Gazette, 24th Oct., 2018/2nd Kart., 1940. [No. 29-l
7. And whereas, U. O. dated 22-02-2018, the matter was further
examined in consultation with the Department of Law, Justice and
Parliamentary Affairs, inter alia, on the issue of Errata to SRO-104 dated
11-04-2008. The said Department vide U. O. dated 19-03-2018 advised as
under :—
" Returned. Department is within its powers to issue Errata to the Notification SRO-104 dated 11-04-2008, but any such modification/amendment shall not be in consistent with the judgment dated 22-04-2016 passed by the Hon'ble J&K High Court, Jammu in case titled Nazir Hussain and Others Vs. Union of India and Others and in any other case."
8. And whereas, the matter was further examined and it was observed that SRO-104 dated 11-04-2008 require modification/amendment and simultaneously, the order dated 22-04-2016 passed by the Hon'ble High Court at Jammu in OWP No. 1204/2015 titled Nazir Hussain and Others Vs. Union of India and Others, is also required to be complied with.
9. Now, therefore, in exercise of the powers conferred by section 22 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968 and keeping in view the above details the Government hereby directs as under :—
(i) The Notification SRO -104 dated 11-04-2008 is modified/ amended to the extent that the words "Poonch Municipal Council" reflected in column 2, S. No. 5 of the said notification shall and shall always be deemed to have been deleted.
(ii) The Poonch Municipal Council, in so far as, it pertains to payment of rent in respect of requisitioned/hired lands, shall be treated at par, with other Municipal Councils of the State.
By order of the Governor.
(Sd.) R. K. GOYAL, I AS,
Principal Secretary to Government, Home Department.
EXTRAORDINARY REGD. NO. JK––33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 130] Jammu, Fri., the 9th Nov., 2018/18th Kart., 1940. [No. 32-d –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Power Section)
Notification
Jammu the 9th November, 2018.
SRO-492.—In exercise of the powers conferred by sub-
section (1) of section 12 of the Code of Criminal Procedure, Samvat
1989, the Government hereby appoint the officers mentioned in the 2 The J&K Govt. Gazette, 9th Nov., 2018/18th Kart., 1940. [No. 32-d –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure to this notification to be the Executive Magistrates of the 1st
Class, who shall exercise all the powers of an Executive Magistrate of
1st Class within the territorial jurisdiction of District Doda till Panchayat
elections.
By order of the Government of Jammu and Kashmir.
(Sd.) ABDUL MAJID BHAT,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
________
Annexure
1. Sh. Irshad Ahmed Sheikh, KAS, Tehsildar Kastigarh, District
Doda.
2. Sh. Gias-ul-Haq, Tehsildar, Bhaderwah, District Doda.
3. Sh. Lekh Raj, KAS, Tehsildar Gandoh, District Doda.
4. Sh. Suman Ji Sharma, Tehsildar Thathri, District Doda.
5. Dr. Khurshid Ahmed Mir, Chief Animal Husbandry Officer,
Doda.
6. Sh. Mahesh Kumar Thakur, DFO, Social Forestry, Doda.
7. Sh. Khalid Amin Mehta, DFO, Bhaderwah.
8. Sh. Mohd Ayaz Iqbal Mughal, District Education Planning
Officer, Doda.
9. Sh. Mohinder Singh, Dy. Director Forest Protection Force,
Doda.
10. Sh. Susheel Rattan Sharma, SDAO Pranoo, Tehsil Doda.
11. Dr. Arun Kumar Assistant Professor, GDC, Thathri, District
Doda.
12. Sh. Anoop Kumar (KAS Jr.), awaiting orders of posting, Distt.
HQ, Doda.
13. Dr. Javed Iqbal Rathir, STO Doda, District Doda.
No. 32-d] The J&K Govt. Gazette, 9th Nov., 2018/18th Kart., 1940. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14. Sh. Tariq Parvez Qazi, CDPO, Doda. 15. Shri Sunil Kumar Koul, Chief Agriculture Officer, Doda,
District Doda.
16. Sh. Sajid Mustufa, District Horticulture Officer, Doda, District
Doda.
17. Sh. Satya Kumar Katoach, Principal, Hr. Sec. School,
Malothi, Tehsil Bhalla, District Doda.
18. Sh. Subash Chander Hatishi, Assistant Engineer, Spl. Sub.
Divn., Gandoh.
19. Sh. Zia-Ur-Rashid, Horticulture Development Officer,
Marmat, Tehsil Marmat, District Doda.
20. Sh. Nazir Ahmed, Lecturer, Hr. Sec. School (Boys), Bhaderwah. 21. Sh.Sajad Akhtar, Naib Tehsildar, Election, District Election
Office, Doda.
22. Sh.Mohd Haroon Khan, Range Officer, Kuntwara, District
Doda.
23. Sh.Javed Abdul Dev., Range Officer, Neru, District Doda. 24. Sh.Rahat Bashir, HDO, Assar, District Doda. 25. Sh.Abid Hussain, HDO, Doda, District Doda. 26. Sh.Rakesh Kumar, Assistant Professor, GDC, Doda, District
Doda.
27. Sh.Mohinder Singh Rana, SDO, Gandoh (Bhalessa), District
Doda.
28. Dr.Tariq Hussain, Vety. Asstt. Surgeon, Phigsoo, District
Doda.
29. Sh.Masood Ahmed Rangrez, Tehsildar, Doda, District Doda. 30. Sh.Omi Raj Sombria, Tehsil Bhagwah, District Doda. 31. Sh.Ranjeet Singh, Tehsildar Mohalla, District Doda. 32. Sh.Ajay Kumar Saraf, Tehsildar Bhalla, District Doda. 33. Sh.Bansi Lal, Tehsildar, Khara, District Doda. 34. Sh.Manjeet Singh Katal, Tehsildar Assar, District Doda. 35. Sh.Mohd Younus Zargar, Tehsildar Chiralla, District Doda. 36. Sh.Manjeet Singh, Tehsildar Chilly Pingal, District Doda. 37. Sh.Duni Chand, Tehsildar Bhella, District Doda. 38. Sh.Gurdev Kumar, BDO Gundana, District Doda. 39. Sh.Idress Lone, BDO Ghat, District Doda.
40. Sh.Phulail Singh, BDO Bhagwah, District Doda.
41. Dr.Mohd.Ashraf, BDO Bhaderwah, District Doda.
42. Sh.Daljit Singh, BDO, Assar, District Doda.
43. Sh.Mohd Rafie, BDO, Thathri, District Doda.
4 The J&K Govt. Gazette, 9th Nov., 2018/18th Kart., 1940. [No. 32-d –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 44. Sh.Yasir Hussain Wani, BDO, Marmat, District Doda.
45. Sh.Nazir Ahmed, BDO, Kastigarh, District Doda.
46. Sh.Ashfaq Ahmed, BDO Khellani, District Doda.
47. Sh.Tahir Qayoom Malik, BDO, Bhalla, District Doda.
48. Sh.Athar Amin Zargar, BDO, Kahara, District Doda.
49. Sh. Krishan Kumar Raina,BDO, Changa, District Doda.
50. Sh.Sham Lal Sharma, Naib Tehsildar Khellani,District Doda.
51. Sh.Krishan Singh, Naib-Tehsildar, Kalhota, District Doda.
52. Sh.Sanjay Kumar, Naib-Tehsildar, Bhalla, District Doda.
53. Sh.Manzoor Ahmed, Naib-Tehsildar, Pranoo, District Doda.
54. Sh.Raman Kumar,Naib-Tehsildar, Topneel, District Doda.
55. Sh.Nazir Ahmed Wachkoo, Naib-Tehsildar, Chinta, District
Doda.
56. Sh.Dinesh Chander Anthal,Naib-Tehsildar, Bhadarwah, District
Doda.
57. Sh.Mohd Usman Najar, Naib-Tehsildar, Athkhar, District
Doda.
58. Sh.Naveen Kumar Metha, Naib-Tehsildar, Bhalra, District
Doda.
59. Sh.Gul Mohd.Naib-Tehsildar, Bhagwah, District Doda.
60. Sh.Kuldeep Singh, Naib-Tehsildar, Dessa, District Doda.
61. Sh.Nazir Ahmed Lone, Naib-Tehsildar, Thathri, District
Doda.
62. Sh.Karnail Singh, Naib-Tehsildar, Bharat, District Doda.
63. Sh.Anil Kumar, Naib-Tehsildar, Dali Kulhand, District
Doda.
64. Sh.Mohd Hussain Khan, Naib-Tehsildar, Gandoh, District
Doda.
65. Sh.Basant Kumar, Naib-Tehsildar, Changa, District Doda.
66. Sh.Rajinder Singh, Naib-Tehsildar, Kakroo-Bharti, District
Doda.
67. Sh.Rakesh Kumar, Naib-Tehsildar, Kahaljugasar, District
Doda.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Sun., the 16th Dec., 2018/25th Agra., 1940. [No. 37-18 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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)
Jammu, the 16th December, 2018.
The following Act has been assented to by the Governor on 16th December, 2018 and is hereby published for general information :––
THE UNIVERSITY OF LADAKH ACT, 2018
(Governor Act No. LVI of 2018)
[16th December, 2018.]
Enacted by the Governor in the Sixty-ninth Year of the Republic of
India.
2 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
An Act to provide for the establishment of University of Ladakh at
Leh in the State and for matters connected therewith or incidental thereto.
In exercise of the powers vested under Proclamation No. P-1/18 of
2018 dated 20th of June, 2018, the Governor is pleased to enact as
follows :—
1. Short title and commencement.—(1) This Act may be called
the University of Ladakh Act, 2018.
(2) It shall come into force from the date of its publication in the
Government Gazette.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "Academic Council" means the Academic Council of the
Cluster University ;
(b) "Affiliated College" means an institution imparting instruction
for the Bachelor 's Degree, Integrated Honours and
Postgraduate courses recognized by the Cluster University in
accordance with the provisions of this Act and the Statutes ;
(c) "Autonomous College" means an institution imparting instruction
for the Bachelor 's Degree, Integrated Honours and
Postgraduate courses with an autonomous status recognized
by the Cluster University in accordance with the provisions of
this Act and the Statutes ;
(d) "College" means an institution maintained or admitted to its
privileges by the Cluster University and includes a Constituent/
Autonomous/Affiliated College ;
(e) "Cluster University" means the University of Ladakh, created
by pooling the resources of existing Colleges of Ladakh and all
references to the term "Cluster University" in this Act
wherever occurring, shall mean and construed as "University
of Ladakh" ;
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(f) "Constituent College" means the colleges constituting the
Cluster University and recognized as such by the Syndicate of the Cluster University in accordance with the provisions of this Act and the Statutes ;
(g) "Faculties", "Boards of Studies", "Board of Inspection" and "Boards of Research Studies" mean the "Faculties", "Boards of Studies", "Board of Inspection" and "Boards of Research Studies" of the Cluster University ;
(h) "Government" means the Government of Jammu and
Kashmir ;
(i) "Head of the Department" means the Head of the Cluster University Teaching Department who has the status of a Professor or an Associate Professor in the Cluster University and where any Cluster University has no teaching faculty in a subject the person duly appointed, for the time being, by the university ;
(j) "Principal" means the Head of a College or a person duly
appointed, for the time being ;
(k) "Regulations" means the Regulations of the Cluster University
made under this Act ;
(l) "Statutes" mean the Statutes of the Cluster University made
under this Act ;
(m) "Syndicate" means the Syndicate of the Cluster University ;
(n) "Teachers" include, Professors, Associate Professors, Assistant Professors and any other persons imparting instructions in the Cluster University or in any College maintained or admitted to its privileges by the Cluster University ;
(o) "Teachers of the Cluster University" means persons appointed or recognized by the Cluster University for the purpose of imparting instruction in the Cluster University or in any Constituent College ; and 4 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(p) "University Council" means the University Council of the
Cluster University.
3. Incorporation.—The University of Ladakh, shall be a body
corporate known by the name of "the University of Ladakh", having
perpetual succession and a common seal with power to acquire and hold
property, movable and immovable, to transfer the same, to contract and to
do all other things necessary for the purpose of its constitution and may sue
or be sued by its corporate name as aforesaid.
4. Objects of the University.—The objects of the University shall
be,—
(a) to become the Cluster of vibrant institutions working to
disseminate and advance knowledge by providing instructional
and research facilities in such branches of learning as it may
deem fit ;
(b) to act as a change agent by having special focus on the skill
development and creation of skilled workforce by undertaking
industry oriented teaching, training and research, extension
programmes and providing employable skills with a view to
contribute to the development of the society ;
(c) to make special provisions for integrated courses in humanities,
social science, science and technology in its education
programme ;
(d) to take appropriate measure for promoting innovations in
teaching-learning process and inter disciplinary studies and
research ;
(e) to establish linkages with industry for promotion of science,
technology, entrepreneurial skills, innovation, etc. to and adopt
innovative methods to achieve the status of a self-reliant
institution ; and No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(f) to pay special attention to the improvement of the social and
economic conditions and welfare of people and their intellectual,
academic and cultural development.
5. Powers and Functions of Cluster University.—The Cluster
University shall have the following powers and functions, namely :—
(a) to provide for instruction in such branches of learning as the
Cluster University may deem fit and to make provision for
research and for the advancement and dissemination of
knowledge ;
(b) to hold examinations, to grant degrees to and to confer other
academic distinctions on persons who—
(i) have pursued an approved course of study in a college of
the Cluster University or in any educational institution
approved for the purpose, or distant learners under conditions
laid down in the Statutes and Regulations ;
(ii) have carried an independent research under conditions laid
down in the Statutes ;
(iii) to confer honorary degrees or other distinctions on approved
persons in the manner laid down in the Statutes ;
(iv) to grant such diplomas to and to provide such lectures and
instructions for persons not being on the rolls of the Cluster
University as the Cluster University may determine ;
(v) to co-operate with other Universities and authorities in such
a manner and for such as the Cluster University may
determine ;
(vi) to institute Professorships, Associate Professorships,
Assistant Professorships and any other teaching posts
required by the Cluster University ;
6 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(vii) to establish and maintain colleges, to recognize colleges and other institutions not maintained by the Cluster University and to withdraw such recognition ;
(viii) to inspect constituent, autonomous and affiliated colleges and other institutions and places approved by the Cluster University for the residence of students ;
(ix) to demand and receive payments of such fees and other charges as may be authorized by the Statutes and Regulations so as to achieve the status of a completely self sustaining corporate body ;
(x) to obtain loans in furtherance of the objects of the Cluster
University ;
(xi) to supervise and control the residence and discipline of students of the Cluster University or of colleges and other institutions admitted or affiliated to it and to make arrangements for promoting their health and general welfare ;
(xii) to institute and award fellowships, exhibitions, prizes and
medals in accordance with the Statutes and Regulations ;
(xiii) to endeavor for creation of resources and put the available resources including human and infrastructural assets to optimal utilization so as to become a self-reliant sustaining organization ; and
(xiv) to do such other acts and things, whether incidental to the powers aforesaid or not, as may be required in order to further the objects of the Cluster University as a teaching, affiliating or examining body, and to cultivate and promote arts, science and other branches of learning.
6. Approval of the Government.—Notwithstanding anything contained in the foregoing section, any re-organization or alteration in structure, pattern or medium of education at the Cluster University level shall require the previous approval of the Government.
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
7. Cluster University open to all Classes and Creeds.-—The Cluster University shall be open to all persons irrespective of sex, caste, class or creed and it shall not be lawful for the Cluster University to adopt or impose on any person any test whatsoever of religious belief or profession in order
to entitle him to a certificate, diploma or degree of the Cluster University, or to serve as a teacher or to hold any office in the Cluster University, or to enjoy or exercise any privileges thereof, except where such test is specially prescribed by the Statutes, or, in respect of any particular benefaction accepted by the Cluster University, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction.
8. Affiliation Restricted to Educational Institutions in the State.— Notwithstanding anything contained in any law for the time being in force, no educational institution outside the territory of the State shall be affiliated
with, or be admitted to any privileges of the Cluster University under this Act.
9. Officers of the Cluster University.—The following shall be the
officers of Cluster University :—
(i) the Chancellor ;
(ii) the Pro-Chancellor ;
(iii) the Vice-Chancellor ;
(iv) the Financial Advisor ;
(v) the Educational Advisor ;
(vi) the Registrar ;
(vii) the Controller of Examinations ; and
(viii) such officers as the Statutes may declare to be the officers of
the Cluster University.
10. The Chancellor.—(1) The Governor of the State shall be the
Chancellor of the Cluster University. He shall be the Head of Cluster University and shall, when present, preside at the meetings of the Cluster University Council and at the Convocation of Cluster University.
8 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) The Chancellor shall have such powers as may be conferred on
him by this Act or the Statutes.
(3) Every proposal for the conferment of any honorary degree shall
be subject to the confirmation of the Chancellor.
(4) The Chancellor may delegate to the Pro-Chancellor such of his
powers under this Act or the Statutes, as he may specify.
11. The Pro-Chancellor.—(1) The Chief Minister shall be the
ex-officio Pro-Chancellor of the Cluster University.
(2) The Pro-Chancellor shall, when present, in the absence of the Chancellor, preside at the meetings of the University Council and at the Convocations of Cluster University.
(3) The Pro-Chancellor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the Cluster University, its buildings, laboratories, equipment, and of any institutions associated with the Cluster University and also of the examinations, teaching and other work conducted or done by the Cluster University and to cause an inquiry to be made in like manner in respect of any matter connected with the Cluster University. The Pro-Chancellor shall in every case give notice to the Cluster University of his intention to cause an inspection or inquiry to be made and the Cluster University shall be entitled to be represented thereat.
(4) The Pro-Chancellor may address the Vice-Chancellor of the University with reference to the result of such inspection and inquiry and the Vice-Chancellor shall place the same before the Syndicate and also the Cluster University Council of the University, if necessary, with such advice as the Pro-Chancellor may offer upon the action to be taken thereon.
(5) The Vice-Chancellor of the Cluster University shall then, within such time as the Pro-Chancellor may fix, submit to him a report of the action taken or proposed to be taken by the Syndicate together with the view which the University Council may have expressed on the report.
(6) If the Syndicate does not, within a reasonable time, take action to the satisfaction of the Pro-Chancellor, the Pro-Chancellor may, after No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
considering any explanation which the Syndicate may furnish, issue such directions in consultation with the Vice-Chancellor as he may think fit.
12. The Vice-Chancellor.—(1) The Vice-Chancellor shall either be a whole-time paid or a part-time honorary officer of the Cluster University as the Chancellor may determine and shall be appointed by the Chancellor in consultation with the Pro-Chancellor from amongst the persons whose names are submitted to him by a Committee constituted in accordance with the provisions of sub-section (2).
(2) The Committee referred to in sub-section (1) shall consist of three
persons, namely :—
(a) two persons not connected with the Cluster University or any college of the Cluster University to be nominated by the University Council ;
(b) a third person not connected with the Cluster University or any college of the Cluster University to be nominated by the Chancellor, who shall also be the Chairman of the Committee.
(3) The Committee constituted under sub-section (2) shall submit a panel of three names to the Chancellor for appointment of the Vice-Chancellor.
(4) If the Chancellor does not consider any of the persons on the panel recommended by the Committee suitable for appointment as Vice-Chancellor, he may direct the Committee to prepare a fresh panel of three names for submission to him or may direct to constitute a fresh Committee for this purpose.
(5) The Vice-Chancellor of the Cluster University shall hold office
for five years :
Provided that on the expiry of the term of his office, the Vice-Chancellor shall be eligible for re-appointment for such term as the Chancellor may in consultation with the Pro-Chancellor determine :
Provided further that the Vice-Chancellor shall not be removed from his office except by order of the Chancellor passed in consultation with the Pro-Chancellor, on the ground of misbehavior or incapacity or if it appears 10 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the Cluster University, after due enquiry by such person who is or has been a judge of a High Court to be nominated by the Chancellor, in consultation with the Pro-Chancellor, in which the Vice-Chancellor shall have an opportunity of making his representation against such removal.
(6) The Vice-Chancellor of the Cluster University shall, in case he is a whole-time paid officer, receive salary not exceeding the limit prescribed by the University Council and other facilities as the Chancellor may determine, in addition to free residential accommodation ; provided that in exceptional cases the Chancellor may allow a higher salary in consultation with the Government. In case the Vice-Chancellor is appointed on part time honorary basis, he shall receive such honorarium and other facilities as the Chancellor may determine in consultation with the Government.
(7) Where any temporary vacancy of a Vice-Chancellor occurs by reason of resignation, illness, leave or other cause, the University Council shall report the same to the Chancellor who shall make such arrangement for carrying on the duties of the Vice-Chancellor as he may think fit.
(8) Notwithstanding anything contained in sub-section (5), the Vice-Chancellor shall continue in office beyond the expiry of his term until his successor is appointed and enters upon his office.
1 3 . Powers and Duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be the Principal Executive and, academic officer of the Cluster University and shall, in the absence of the Chancellor and the Pro-Chancellor, preside over the meetings of the University Council and at any convocation of the Cluster University. He shall be an ex-officio member and Chairman of the Syndicate/Academic Council and such other authorities and bodies as are provided under the provisions of the Act, and shall be entitled to be present and to speak at any meeting of any authority or body of the Cluster University but shall not be entitled to vote there at unless he is a member of the authority or the body concerned.
(2) It shall be the duty of the Vice-Chancellor to see that the provisions of this Act, the Statutes and the Regulations are faithfully observed and he shall have all powers necessary for the purpose.
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(3) The Vice-Chancellor shall have power to convene meetings of the University Council, the Syndicate, the Academic Council and joint meetings of Faculties and Boards of Studies of the Cluster University.
(4) The Vice-Chancellor may take action as he deems necessary in any emergency which, in his opinion, calls for immediate action. He shall in such a case and as soon as or may be thereafter, report his action to the officer, authority or other body of the Cluster University who or which
would ordinarily have dealt with the matter.
(5) Save as otherwise provided in this Act, the Vice-Chancellor of the Cluster University shall have the powers to make appointments of the
ministerial, technical and inferior staff.
(6) The Vice-Chancellor shall give effect to the orders of the University Council and the Syndicate of the Cluster University regarding the
appointment, dismissal and suspension of persons in the employment of the Cluster University and shall exercise general control over the affairs of the Cluster University. He shall be responsible for the discipline of the Cluster University in accordance with this Act, Statutes and Regulations.
(7) The Vice-Chancellor shall exercise such other powers as may be
prescribed by Statutes and Regulations.
(8) The Vice-Chancellor may delegate any of his powers under this Act or the Statutes and Regulations made thereunder to any other officer or body of the Cluster University.
14. Financial Advisor.—(1) The Administrative Secretary to Government, Finance Department, or any other officer nominated by the Government shall be the ex-officio Financial Advisor of the Cluster University.
(2) The Financial Advisor shall exercise general supervision over the funds of each Cluster University and shall advise it as regards its financial policy.
(3) The Financial Advisor shall be an ex-officio member of the
University Council and the Syndicate of the Cluster University.
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(4) The Financial Advisor shall,—
(a) present annual estimates and the statement of accounts to
the Syndicate and the University Council ; and
(b) exercise such other powers and perform such other duties
as may be prescribed by the Statutes and Regulations.
15. Registrar.—(1) The Registrar of the Cluster University shall be a
whole-time officer and shall be appointed by the University Council on the
recommendation of the Selection Committee, constituted under Section 34
of the Act. The terms and conditions of service and the emoluments of the
Registrar shall be such as prescribed by the University Council.
(2) The Registrar of the Cluster University shall act as the Secretary
of the University Council and the Boards of Research Studies and other
bodies of the Cluster University.
(3) The Registrar of the Cluster University shall, subject to the sanction
of the Vice-Chancellor and subject to the Regulations that may be framed
in this behalf, control the ministerial, technical and inferior staff of the Cluster
University.
(4) The Registrar of the Cluster University shall be the custodian of
the records, the common seal and such other property of the Cluster
University as the University Council of Syndicate may commit to his charge.
(5) The Registrar of the Cluster University shall have power to realize
and receive all moneys due to the Cluster University and sign and grant
receipts for the same, to make all disbursements on account of the Cluster
University and, subject to provisions of Statutes, sign such cheques or other
instruments as may be necessary for the purpose.
(6) The Registrar of the Cluster University shall issue under his
signatures notice convening meetings of the University Council, the Syndicate
and the Boards of Research Studies of the Cluster University.
(7) The Registrar shall, in the execution of his duties, be subject to the
immediate direction and control of the Vice-Chancellor and shall render No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
such assistance to the Vice-Chancellor as may be required by him in the performance of his official duties.
(8) The Registrar of the Cluster University shall exercise such other powers and perform such other duties as may be prescribed by the Statutes and the Regulations or as may be assigned to him by any authority of the Cluster University.
(9) The Registrar may, with the previous approval of the Vice- Chancellor, delegate any of his powers prescribed under the provisions of this Act or the Statutes or the Regulations made thereunder to any other officer of the Cluster University.
16. Controller of Examinations.—(1) The Controller of Examinations of the Cluster University shall be a whole-time officer of the Cluster University and shall be appointed by the University Council on the recommendation of the Selection Committee constituted in accordance with the provisions of Section 34 of this Act on such terms and conditions as the University Council may from time to time prescribe.
(2) It shall be the duty of the Controller of Examinations of the Cluster University to make arrangements connected with the setting and printing of question papers for all the examinations held by the Cluster University including their safe custody and all other matters connected therewith.
(3) Subject to directions of the Syndicate, the Controller of Examinations of the Cluster University shall make all arrangements for the conduct of examinations of the Cluster University.
(4) Subject to directions of the Syndicate, the Controller of Examinations of the Cluster University shall arrange all items of the examination work such as dispatch and transit of answer books and question papers, evaluation of answer scripts, tabulation of results, complaints against question papers set for the examinations, use of unfair means, publication and rechecking/re-evaluation of results and other related matters.
(5) The Controller of Examinations of the Cluster University shall exercise such other powers and perform such other duties as may be
prescribed under the Statutes and Regulations from time to time.
14 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(6) The Controller of Examinations of the Cluster University shall, in the execution of his duties, be subject to the immediate direction and control of the Vice-Chancellor of the Cluster University and shall render such assistance to the Vice-Chancellor as may be required by him in the
performance of his official duties.
17. Other Officers.—Save as otherwise expressly provided in this Act, the procedure for appointment and the powers of the officers of the
Cluster University other than the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Financial Advisor, the Educational Advisor, the Registrar and the Controller of Examinations shall be prescribed by the Statutes.
18. Authorities.—The following shall be the authorities of the Cluster
University :—
(i) the University Council ;
(ii) the Syndicate ;
(iii) the Academic Council ;
(iv) the Faculties ;
(v) the Boards of Studies ;
(vi) the Boards of Research Studies ;
(vii) the Board of Inspection ; and
(viii) such other authorities as may be declared by the Statutes to be
the authorities of the Cluster University.
19. University Council.—(1) There shall be a University Council in the Cluster University consisting of the following members, namely :—
(i) the Chancellor ;
(ii) the Pro-Chancellor ;
(iii) the Minister, Incharge Higher Education Department ;
(iv) the Chief Executive Councilor of Ladakh Autonomous Hill
Development Council, Leh ;
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(v) the Chief Executive Councilor of Ladakh Autonomous Hill
Development Council, Kargil ;
(vi) the Vice-Chancellor of the Cluster University ;
(vii) the Vice-Chancellors of the other Cluster Universities established
in the State ;
(viii) the Financial Advisor ;
(ix) the Educational Advisor ;
(x) Principals of all the constituent colleges of the Cluster
University ;
(xi) two Deans of the Faculties of the Cluster University to be
nominated by the Chancellor by rotation ;
(xii) two Principals of the autonomous/affiliated colleges
to be nominated by the Chancellor in consultation with
Pro-Chancellor ; and
(xiii) two nominees of the Chancellor.
(2) The period for which members nominated under (viii) to (x) of
sub-section (1) shall hold office, would be as prescribed in the Statutes in
this behalf.
(3) The meetings of the University Council of the Cluster University
shall be presided over by the Chancellor, when present. In his absence, the
Pro-Chancellor shall preside and in the absence of both the Chancellor and
the Pro-Chancellor, the Vice-Chancellor of the Cluster University shall
preside.
20. Powers and Functions of the University Council.—(1) The
University Council of the Cluster University shall be the supreme authority
of the Cluster University and shall have the following powers, namely :—
(a) to make Statutes under this Act and to amend and repeal the
same in consultation with the Syndicate ;
16 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) to make Regulations in consultation with the Syndicate ;
(c) to approve the financial estimates framed by the Syndicate of
the Cluster University ;
(d) to approve plans of development and expansion of the Cluster
University ;
(e) to consider and pass resolutions on the annual reports ;
(f) save as otherwise provided in this Act, to appoint officers of the status of Joint Registrar, Deputy Librarian and above and teachers of the status of Associate Professors and above and to define their duties :
Provided that no officer or teacher shall be appointed by the University Council until provision has been made for his salary in the approved budget of the Cluster University :
Provided further that all appointments (permanent or temporary) to the posts of officers or teachers referred to in this section
shall be made by the Cluster University Council on the recommendation of the Selection Committee constituted for the purpose in accordance with the provisions of Section 34 of this Act, and on such terms and conditions as may be prescribed by the Statutes :
Provided also that the Vice-Chancellor may make appointments of teachers referred to in this section as a temporary measure for a period not exceeding six months to carry on the work and if the recommendations of the Selection Committee are not
received within a period of six months, the Vice-Chancellor may extend the appointment, if any, made by him, for the duration of the academic session with the approval of the University Council ;
(g) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes ;
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(h) to constitute committees for specific purposes and to assign
such duties to them as it deems fit ;
(i) to delegate such of its powers to any officer or authority of the
Cluster University as it may deem fit, provided that such
delegation is made by a majority of not less than two-thirds of
the members of the University Council ; and
(j) to exercise such other powers of the Cluster University as are
not otherwise provided for in this Act and the Statutes and
Regulations made thereunder.
21. Syndicate.—(1) The Syndicate shall be the Chief Executive
Authority except in respect of the matters falling within the purview of the
University Council in accordance with the provisions of this Act and it shall
consist of the following members, namely :—
(i) the Vice-Chancellor ;
(ii) the Financial Advisor ;
(iii) the Educational Advisor ;
(iv) Principals of all the constituent colleges of the Cluster
University ;
(v) two Deans of the Faculties of the Cluster University by rotation
to be nominated by the Vice-Chancellor ;
(vi) two Deans of Faculties of the other Cluster Universities
established in the State by rotation to be nominated by the
Chancellor ;
(vii) one member of the Academic Council of the Cluster University
nominated by the Council from amongst its members ;
(viii) two members of the Syndicate of the other Cluster Universities
established in the State to be nominated by that body ; and
(ix) three nominees of the Chancellor.
18 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) The terms and conditions of the office of members of a Syndicate other than ex-officio members shall be such as may be prescribed by the Statutes in this behalf.
22. Powers and Functions of the Syndicate.—(1) Subject to the provisions of this Act, the Statutes and the Regulations, the Syndicate of the Cluster University shall exercise and perform the following powers and functions :—
(a) to frame the budget estimates of the Cluster University and to submit these to the University Council at a time to be prescribed by Statutes ;
(b) to recommend the draft statutes and regulations or amendments or revocation thereof and other proposals for consideration by the University Council;
(c) to hold control, and administer the funds, property and other
assets of the Cluster University :
Provided that no expenditure shall be incurred which has not been included in the approved estimates except with the sanction of the University Council :
Provided further that the Syndicate shall have powers of re- appropriation in accordance with the Regulations to be prescribed in this behalf ;
(d) save as otherwise provided in this Act to appoint officers (below the status of Joint Registrar and Deputy Librarian) and teachers (below the status of a Associate Professor) and to define their
duties :
Provided that no officer or teacher shall be appointed by a Syndicate until provision has been made for his salary in the
approved budget of the Cluster University :
Provided further that all appointments (permanent or temporary) to the posts of Officers or teachers referred to in this section
shall be made by the Syndicate on the recommendations of the No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Selection Committee constituted for the purpose in accordance
with the provisions of Section 34 of this Act and on such terms
and conditions as may be prescribed by the Statutes :
Provided also that the Vice-Chancellor may make appointments
of teachers referred to in this section as a temporary measure
for a period not exceeding six months to carry on the work and
if the recommendations of the Selection Committee are not
received within a period of six months, the Vice-Chancellor of
the Cluster University may extend the appointments, if any,
made by him, for the duration of the academic session with the
approval of the Syndicate ;
(e) to admit new colleges to the privileges of affiliated or constituent
colleges of the Cluster University subject to the conditions to
be laid down in the Statutes ;
(f) to arrange for and direct the periodical and special inspection
of the colleges and other institutions ;
(g) to award scholarships, prizes, fellowships, exhibitions, bursaries
and other such awards in accordance with the procedure
prescribed in this behalf ;
(h) to control and manage the Libraries of the Cluster University ;
(i) to provide buildings, premises, furniture, apparatus, equipment
and other means and facilities needed for carrying on the work
of the Cluster University ;
(j) to invest any moneys belonging to the Cluster University
including any unapplied income in any of the approved securities,
or to place in fixed deposit in any bank, approved by the
Government in this behalf, any portion of such moneys not
required immediately for expenditure ;
(k) to demand and receive such fees as may from time to time be
prescribed by Statutes and Regulations ;
20 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(1) to constitute committees for specific purposes and to assign
such duties to them as may be deemed necessary ;
(m) to recommend to the University Council the plans for
development and expansion of the Cluster University ;
(n) to appoint paper setters and examiners for all the examinations
held by the Cluster University in accordance with the procedure
prescribed in the Statutes ;
(o) to give directions for holding of examinations compilation and
publication of results ;
(p) to give directions for the editing, printing and publishing of such
text-books for various examinations of the Cluster University
as may be considered necessary for this purpose ;
(q) to maintain proper standards of teaching and examination in
consultation with the Academic Council of the Cluster
University ;
(r) to enter into, vary, carry out and cancel contracts on behalf of
the Cluster University ;
(s) to direct the form, custody and use of the common seal of the
Cluster University ;
(t) to accept or transfer any movable or immovable property on
behalf of the Cluster University ;
(u) to exercise such other powers and perform such other duties
as may be conferred upon or assigned to it by this Act or the
Statutes ; and
(v) to delegate, whenever necessary, appropriate financial and
administrative powers to the Vice-Chancellor, the Registrar,
the Principals of Constituent Colleges, the Heads of the
Postgraduate Departments, the Controller of Examinations or
any other officer of the Cluster University.
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) Any difference or disagreement arising between the Syndicate
and the Vice-Chancellor with regard to any decision taken by the Syndicate
may be referred by the Vice-Chancellor to the Chancellor. The Chancellor
shall refer back such decision to the Syndicate for reconsideration. In case
the Syndicate endorses its earlier decision by a two-thirds majority, such
decision shall be deemed to be final.
23. Academic Council.—The Academic Council of the Cluster
University shall consist of the following persons, all of whom shall be
ex-officio members :—
(i) The Vice-Chancellor of the Cluster University ;
(ii) Principals of the Constituent Colleges or Autonomous Colleges
or Affiliated Colleges of the Cluster University nominated by
the Vice-Chancellor ;
(iii) The Deans of Faculties of the Cluster University ;
(iv) The Heads of Departments of the Cluster University h a vi n g
the status of Professors or Associate Professors ;
(v) Four Professors/Associate Professors from constituent/
autonomous/affiliated colleges of the Cluster University
representing subjects other than those represented by the
Principals, nominated by the Vice-Chancellor ;
(vi) Deans of the faculties of the other Cluster Universities
established in the State ; and
(vii) Two Professors of the other Cluster Universities established in
the State.
24. Powers and Functions of the Academic Council.— (1) The
Academic Council of the Cluster University shall have the following powers
and functions :—
(a) to control and regulate the standards of teaching and
examinations in the Cluster University ;
22 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) to prescribe the syllabi and the courses of study for all the
examinations held by the Cluster University ;
(c) to make proposals to the Syndicate and the University Council
for the institution of Professorships, Associate Professorships,
Assistant Professorships, or other teaching posts and
re-appropriating positions in various subjects (on sufficient
justifications) in regard to their duties ;
(d) to formulate, modify or revise, subject to control of the Syndicate
and the University Council, schemes for the constitution of
Faculties and for the assignment of subjects to the Faculties ;
(e) to nominate teachers or specialists to the Faculties ;
(f) to promote research within the Cluster University and to acquire
reports of such research from persons engaged therein ;
(g) to advise the Syndicate and the University Council on academic
matters ; and
(h) to make proposals to the higher authorities of the Cluster
University for supplementing the teaching provided in the
constituent, autonomous and affiliated colleges.
(2) The Academic Council of the Cluster University shall have the
powers to appoint a Standing Committee of the members of the Academic
Council of which not less than two thirds shall be Cluster University
Professors, Associate Professors, Principals, or teachers of constituent,
autonomous and affiliated colleges not lower in rank than that of a Professor
or Associate Professor and to delegate to it such of its powers as it may
deem fit. The Standing Committee shall have power to invite experts,
whenever necessary, for advice on a particular matter under consideration.
25. Faculties.—(1) The Cluster University shall have the Faculties
one each for Arts, Science, Social Sciences, Commerce, Education and
such other faculties as may be prescribed by the Statutes of the Cluster
University from time to time.
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(2) Each of the faculties of Arts, Science, Social Sciences, Commerce
and Education shall consist of,—
(i) The Professors and Associate Professors of the Cluster
University Schools comprising the Faculty ;
(ii) Professors or Associate Professors, in case there are no Professors in the concerned subject, representing the constituent, autonomous and affiliated colleges of the Cluster University in each subject comprising each Faculty ;
(iii) two persons other than teachers nominated to the Faculty by the Academic Council possessing expert knowledge of the subject, comprising the Faculty.
26. Powers of each Faculty.— Each Faculty of the Cluster
University shall have the following powers and functions, namely :—
(a) subject to the control of the Academic Council to organize the teaching work of the Cluster University in the subjects assigned to the Faculty ;
(b) to suggest to the Academic Council the syllabi and courses of studies for different examinations after consulting the Boards of Studies ;
(c) to recommend to the Academic Council the conditions for the
award of degrees, diplomas and other distinctions ;
(d) to deal with any matter referred to it by the University Councillor
the Syndicate or the Academic Council ;
(e) to discharge such other functions as may be prescribed by the
Statutes and Regulations ; and
(f) to transact such other business as may be approved by the
Deans of the Faculties.
27. The Deans.—(1) There shall be a Dean of each Faculty who shall be nominated by the Vice-Chancellor by rotation according to seniority 24 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
in the manner and subject to such conditions as may be prescribed by the Statutes :
Provided that the office of the Dean of a Faculty shall be held by a member of the Faculty who is the Cluster University Professor in a subject comprised in the Faculty and in case if there is no Cluster University Professor in any subject comprised in a Faculty, it may be held by a member of the Faculty who is the Senior Principal or Senior most Professor/Associate Professor in a College in the same faculty :
Provided further that no person shall hold the office of the Dean for more than two consecutive terms except where there is no other person eligible to hold the office.
(2) The Dean of Faculty shall be responsible for the due observance
of the Statutes and Regulations relating to his Faculty.
(3) Each Faculty shall comprise such subjects of study as may be
prescribed by the Regulations.
28. Boards of Studies.—(1) In the Cluster University there shall be a Board of Studies for a subject or subjects comprised in a Faculty in accordance with the provisions of the Regulations.
(2) Each Board of Studies shall consist of the following members,
namely :—
(a) the Professors of the Cluster University Department in the
subject assigned to the Board, if there are any ;
(b) the Associate Professors of the Cluster University Department
in the subject assigned to the Board, if there are any ;
(c) the Senior most Associate Professor, in case there is no Professor, from the department in the subject concerned from each constituent college ;
(d) the Senior most Associate Professor, in case there is no Professor, from the department in the subject concerned from each constituent autonomous/affiliated college, not lower in rank than that of an Associate Professor ;
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(e) one person who is not a teacher in any affiliated or constituent college of the Cluster University or a Department of the Cluster University, nominated by the Faculty :
Provided further that where it is found that the Board of Studies in any subject is not adequately represented, the Vice- Chancellor of the Cluster University may authorize co-option of teachers in the subject from colleges or the Cluster University
Departments to the extent of three members.
(3) Head of the Cluster University Department senior to all other Professors in the department shall be the Convenor and in case there is no
Professor of the Cluster University Department in a subject, the Board of Studies shall elect one of its members as the Convenor of the Board.
(4) The terms and conditions of the office of the members of a Board
of Studies shall be such as may be prescribed by the Statutes in this behalf.
(5) Where a Board of Studies comprises more than one subject, the Vice-Chancellor may constitute the Board on similar lines so as to ensure
that each subject comprised in the Board is adequately represented on it ; Provided that the total number of members of the Board so constituted does not exceed ten.
(6) Notwithstanding anything contained in this section or any Statute or Regulation made thereunder, each Cluster University may have a Board of Postgraduate Studies for each subject in which Postgraduate instructions are imparted, and a Board of Undergraduate Studies for the subject or subjects in which undergraduate instructions are imparted. The composition
of these Boards shall be such as may be determined by the Chancellor in consultation with the Vice-Chancellor of the Cluster University.
29. Functions and Powers of the Board of Studies.—(1) It shall be
the duty of Board of Studies to make suggestions to the Faculty concerned regarding :—
(a) Syllabi for the subject or subjects of instruction ;
(b) Combination of subjects permitted in various courses ;
26 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(c) Identification of new courses of study ;
(c) Appointment of paper-setters and examiners ; and
(e) Any matter referred to it by the University Council, the
Syndicate, the Academic Council or the Faculty concerned.
(2) The Boards of Studies shall also discharge such other functions
as may be prescribed by the Statutes or the Regulations.
30. Boards of Research Studies.—(1) There shall be Boards of Research Studies, one each for Humanities, Science, Social Science and such other fields of study as may be specified by the Syndicate after having consulted the Academic Council of the Cluster University. Each Board shall
consist of the Vice-Chancellor, the Registrar, the Dean and the Heads of the Cluster University Departments of the subjects comprised in the Faculty with power to co-opt members :
Provided that an expert in the subjects concerned may be invited to advise on a particular matter relating to each subject. The co-opted members shall hold office for a period of three years. The Vice-Chancellor shall be ex-officio Chairman of each Board and in his absence, Dean of the faculty concerned shall act as Chairman and the Registrar shall be the Member
Secretary of the Board.
(2) Each Board shall organize research studies under the guidance of the Academic Council and in accordance with the Statutes and Regulations
prescribed in this behalf.
31. Powers and Functions of the Boards of Research Studies.—
Each Board shall have the following powers and functions, namely :—
(a) to consider and grant applications for registration for the research degrees in the light of the recommendations made by the Head of the Postgraduate Department concerned ;
(b) to appoint supervisors for the guidance of research studies ;
(c) to prescribe to maximum number of research scholars to be
guided by an approved supervisor ;
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(d) to submit to the Academic Council suggestions and proposals for organizing or improvement of the research studies in the Cluster University ; and
(e) to consider any other matter referred to it by the Academic
Council, the Syndicate and the University Council.
32. Board of Inspection.—(1) There shall be a Board of Inspection
in the Cluster University consisting of the following members, namely :—
(a) A designated officer of the Cluster University to be named as
Dean, College Development Council ;
(b) Principals of the constituent colleges of the Cluster
University ; and
(c) Two Deans of Faculties of the Cluster University by rotation,
nominated by the Vice-Chancellor.
(2) The terms and conditions of the office of the members of the Board of Inspection shall be such as may be prescribed by the Statutes in this behalf.
33. Functions of the Board of Inspection.—(1) Subject to the provisions of this Act and the Statutes and Regulations made thereunder, the Board of Inspection shall perform the following functions :—
(a) receive all applications for recognition or affiliation of colleges and other teaching institutions including all applications for recognition in new courses or subjects referred to it by the Syndicate and cause an inspection to be made and lay its report before the Syndicate for decision ;
(b) appoint inspectors for the inspection of a college once at least within a period of three years after the grant of the privileges of an affiliated or' constituent college or after the inspection last held, consider the report of the inspectors and forward it to the Syndicate with its recommendations.
(2) The inspection of colleges and other teaching institutions applying for affiliation or recognition shall be conducted by a Committee to be appointed 28 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
by the Board of Inspection. In the case of a college applying for recognition in new courses or subjects, the Committee of Inspection shall consist of the following members :—
(a) One member of the Board of Inspection nominated by the Vice-
Chancellor ;
(b) The Heads of the Cluster University Departments concerned,
if there are any in the subjects ; and
(c) The Dean of the Faculty concerned.
34. Selection Committees.—(1) Save as otherwise provided in this Act, there shall be Selection Committees in the Cluster University comprising
the following members for selection of teachers and officers for appointment/ recognition in the Cluster University :—
(A) Committees for appointment of teachers :
(a) For Associate Professors and Assistant Professors or equivalent post.—The Committee for appointment of
Associate Professors and Assistant Professors shall be same as may be prescribed by the Regulations of the University Grants Commission.
(b) For Professors, Associate Professors and Assistant Professors equivalent post.—The Committee for appointment of Professors, Associate Professors and Assistant Professors shall be same as may be prescribed by the Regulations of the University Grants Commission ;
(B) Committee for Recognizing teachers for the Cluster University, amongst the teachers of the Higher Education Department.—The Committee for recognizing teachers for Cluster University from amongst the teachers of Higher
Education Department shall consist of,—
(i) Vice-Chancellor (Chairman) ;
(ii) Dean of the Concerned Faculty of the University ;
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(iii) Subject Expert to be nominated by the Academic Council
of the University ;
(iv) A member of the Syndicate, nominated by the
Vice-Chancellor ; and
(v) Registrar.
(C) Committee for appointment of the officers of the status
of the Joint Registrar, Deputy Librarian and above.—
The Committee for appointment of Joint Registrar and Deputy
Librarian shall consist of,—
(i) Vice-Chancellor (Chairman) ;
(ii) Financial Advisor ;
(iii) Education Advisor ;
(iv) Senior most principal from amongst the constituent
college of the Cluster University ; and
(v) a member of the University Council, nominated by the
Chancellor.
(D) Committee for appointment of officers below the status
of the Joint Registrar and Deputy Librarian.—The
Committee for appointment of officers below the status of the
Joint Registrar and Deputy Librarian shall consist of :—
(i) Vice-Chancellor (Chairman) ;
(ii) Financial Advisor ;
(iii) Educational Advisor ;
(iv) A member of the Syndicate, nominated by the
Vice-Chancellor ;
(v) Registrar.
30 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) The majority of Members shall form the quorum of the Selection
Committees as provided under sub-section (1).
35. Other Authorities.— The constitution, powers and duties of such other authorities as may be provided by the Statutes to be authorities of the Cluster University shall be provided for in the manner prescribed by Statutes.
36. Audit of Accounts.-—The Accounts of the Cluster University shall, once in every year and at the intervals of not more than fifteen months be audited by auditors appointed by the Government and a copy of the accounts together with the auditors' report, shall be published in the Government Gazette. '
37. Alteration in the Designation of a Government Officer.— Where any provision of this Act or the Statutes or Regulations refers to any officer of the Government by designation then, if that designation is altered or the office held by such officer ceases to exist, the reference to that designation shall be construed as reference to the altered designation or as the case may be, to such corresponding officer as the Government may direct.
38. Statutes.—Subject to the provisions of this Act, the Statutes may
provide for all or any of the following matters, namely :—
(a) the holding of Convocation by the Cluster University to confer
degrees ;
(b) the conferment of Honorary Degree ;
(c) the institution of Fellowships, Scholarships, Exhibitions, Bursaries,
Medals and Prizes ;
(d) the conditions of service of the Vice-Chancellor and other
officers of the Cluster University ;
(e) the designation and powers of the officers of the Cluster
University ;
(f) the constitution, powers and duties of the authorities of the
Cluster University ;
(g) the conditions for recognition and affiliation of colleges and
other institutions to the Cluster University ;
No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(h) the classification of teachers employed by the Cluster
University ;
(i) the constitution of pension or general provident fund or
contributory provident fund or New Pension Scheme (NPS)
for the benefit of the officers, teachers and other servants
employed by the Cluster University ;
(j) the conditions under which students shall be admitted, to the
examinations conducted by the Cluster University, and be
eligible for degrees, diplomas or certificates ;
(k) the fees to be charged for admission to the examinations and
the Departments of the Cluster University ;
(l) the conditions and mode of employment and the duties of
examiners and paper setters ;
(m) the conduct of examinations ;
(n) the admission of students to constituent and affiliated
colleges ;
(o) the number, qualifications and emoluments of teachers
employed by the Cluster University ; and
(p) all matters which by this Act are to be or may be prescribed by
the Statutes.
39. Statutes how made.—(1) Subject to the provisions of this Act,
the Statutes may be amended or repealed or added to by Statutes made by
the University Council in the manner hereinafter appearing.
(2) The University Council may of its own motion take into
consideration the draft of any Statute submitted to it by one of its own
members :
Provided that in any such case, before a Statute is passed, the opinion
of the Syndicate or if the draft of such a Statute affects the powers, duties 32 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
or emoluments of any officer, teacher, authority or board, a report from the
person or body concerned together with the opinion of the Syndicate shall
be taken into consideration by the University Council.
(3) The Syndicate of the Cluster University may propose to the
University Council the draft of any Statute to be passed by the University
Council. Such draft shall be considered by the University Council at its next
meeting. The University Council may approve such draft and pass the Statute,
or may reject it, or may return it to the Syndicate for reconsideration either
in whole or in part, together with any amendments which the University
Council may suggest. After any draft so returned has been further considered
by the Syndicate together with any amendments suggested by the University
Council, it shall again be presented to the University Council with the report
of the Syndicate and the University Council may then deal with the draft in
such manner as it may think proper.
(4) (a) When the University Council has passed a Statute, it shall be submitted to the Chancellor who may assent to it or may withhold his assent or may refer it back to the University Council for further consideration.
(b) If the University Council rejects the draft of a Statute proposed by the Syndicate, the draft shall be submitted to the Chancellor who may refer it back to the University Council for further consideration.
(c) A Statute passed by the University Council shall not become valid until assent thereto of Chancellor has been notified.
(5) The Syndicate shall not propose the draft of any Statute or of any
amendment of a Statute :—
(a) Affecting the status, powers or constitution of an authority of
the Cluster University until such authority has been given an
opportunity of expressing an opinion upon the proposal. Any
opinion so expressed shall be in writing and shall be considered
by the University Council and shall be submitted to the
Chancellor ; and No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) Affecting the conditions of recognition and affiliation of
constituent, autonomous and affiliated colleges to the Cluster
University after consultation with the Academic Council.
40. Regulations.—The authorities and the bodies of the Cluster
University may recommend to the Cluster University Council Regulations
consistent with this Act and the Statutes providing for all or any of the
following matters :—
(a) the procedure to be observed at their meetings and the number
of members required to form a quorum ;
(b) the notice to be given of the meetings and of business to be
considered thereat, the keeping of records of their proceedings
and similar matters ;
(c) all matters which by this Act or the Statutes are to be prescribed
by the Regulations ;
(d) the conditions of residence of students ;
(e) the discipline of students ;
(f) the classification or inclusion of subjects of study in various
Faculties ;
(g) the constitution, powers and duties of the various Boards of the
Cluster University ;
(h) the periodical inspection of constituent, autonomous or affiliated
colleges and other institutions.
41. Regulations how made.—(1) The University Council of the
Cluster University shall make Regulations in consultation with the Syndicate
after receiving drafts from the authorities and bodies of the Cluster
University :
Provided that the University Council shall not consider the draft of
any Regulations regarding classification or inclusion of the subjects of study 34 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
in the various Faculties, otherwise than on the recommendations of the Academic Council.
(2) Regulations shall not be made for those matters which under
Section 38 of this Act may be provided for by the Statutes.
42. Annual Report.—The Annual Report of the Cluster University
shall be prepared at the close of a financial year under the directions of the
Syndicate and shall be submitted to and considered by the Cluster
University Council.
43. Disputes as to Constitution of Cluster University Authorities
or Bodies.—If any question arises whether any person has been duly elected,
appointed or co-opted as, or is entitled to be, a member of any authority or
other body of the Cluster University, or whether any decision of the Cluster
University or of any of its bodies, authorities or committees is in conformity
with the Act, the Statutes or the Regulations, the matter shall be referred to
the Chancellor whose decision thereon shall be final.
44. Filling of Casual Vacancies.—(1) All casual vacancies among
the members (other than ex-officio members) of any authority or other
body of the Cluster University shall be filled, as soon as conveniently may
be, by the persons or body who appointed, elected or co-opted the member
whose place has become vacant, and the person appointed, elected or
co-opted, to casual vacancy, shall be a member of such authority or body
for the residue of the term for which the person whose place he fills, would
have been a member.
(2) A person who is a member of an Authority of the Cluster University
as a representative of another body whether of the Cluster University or
outside, shall retain his seat on the Cluster University Authority, so long as
he continues to be member of the body by which he was appointed or
elected and thereafter till his successor is duly appointed.
45. Proceedings of Cluster University Authorities and Bodies not
invalidated by Vacancies.—No act or proceedings of any authority or
other body or committee of the Cluster University shall be invalidated merely
by reason of the existence of a vacancy or vacancies among its members No. 37-18] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
or by reason of some person having taken part in the proceedings who is
subsequently found not to have been entitled to do so.
46. Appointment of Special Officer until Cluster University
Authorities are duly Constituted.-—(1) At any time after the passing of
this Act and until such time as the Cluster University shall have been duly
constituted or until such time as the Chancellor may desire, a special officer
shall be appointed by the Chancellor for the University.
(2) Subject to the superintendence of the Vice-Chancellor, the Special
Officer shall frame the Statutes and Regulations as may be necessary to
bring the Statutes and Regulations in conformity with the provisions of this
Act. The modifications, alterations and additions proposed by the Special
Officer shall, if approved by the Chancellor be deemed to have been made
by the competent authority under this Act and shall continue to be in force
until altered or superseded by the authority constituted under this Act.
47. Affiliation of State Educational Institutions with the Cluster
University.—(1) Notwithstanding anything contained in this Act or the
Statutes with regard to the conditions of the recognition and affiliation of
colleges and other educational institutions, Government Degree College,
Leh and Government Degree College, Nubra, Government Degree College,
Kargil, Government Degree College, Zanskar and Government Degree
College, Drass shall be constituent colleges of the Cluster University,
immediately after the Act comes into force :
Provided further that any new college established by Government in
Ladakh region, shall be affiliated/constituent college of this University.
(2) De-affiliation of the constituent colleges of the Cluster University
from the present affiliating Universities, viz., University of Kashmir shall be
completed in a phased manner to facilitate a smooth completion of the
courses by the students already enrolled in the constituent colleges as per
their present affiliation.
36 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-18 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
48. Removal of Difficulties.—If any difficulty arises as to the first
constitution of any authority of the Cluster University after the
commencement of this Act, or otherwise in giving effect to the provisions of
this Act, the Government may by order do anything which appears to them
necessary for the purpose of removing the difficulty.
49. Transitional Provisions.—Notwithstanding anything contained in this Act or any Statute or Regulation made thereunder, the appointment of the first Vice-Chancellor, and the first Registrar and the first Controller of Examination of the Cluster University constituted under this Act shall be made by the Chancellor and, until the first appointment as aforesaid is made,
the Chancellor may make provisional appointments on the said posts, on such terms and conditions and for such period, as he deems appropriate.
SATYA PAL MALIK,
Governor.
————
(Sd.) ASHISH GUPTA,
Deputy Legal Remembrancer,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK–33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Fri., the 7th Dec., 2018/16th Agra., 1940. [No. 36-9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––C
Notifications, Notices and Orders by the Election Commission.
–––––––
SECRETARIAT OF THE ELECTION COMMISSION OF INDIA,
Nirvachan Sadan, Ashoka Road, New Delhi-110001.
7th December, 2018.
Dated
16th Agra., 1940 (Saka).
Notification
No. 154/J&K/2018-P.Admn.— In exercise of the powers conferred by sub-section (1) of section 13A of the Representation of the Reople Act, 1950 (43 of 1950) and section 7A of the Jammu and Kashmir Representation 2 The J&K Govt. Gazette, 7th Dec., 2018/16th Agra., 1940. [No. 36-9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
of the People Act, 1957, the Election Commission of India in consultation with the Government of Jammu and Kashmir hereby nominates Shri Shailendra Kumar, IAS (JK :1995) as the Chief Electoral Officer for the State of Jammu and Kashmir with effect from the date he takes over charge and until further orders in place of Shri Shaleen Kabra, IAS.
2. Shri Shailendra Kumer shall cease to hold and hand over forthwith the charge of all or any charges of work under the Government of Jammu and Kashmir, which he may be holding before such assumption of office.
3. Shri Shailendra Kumar while functioning as the Chief Electoral Officer, Jammu and Kashmir shall not hold any additional charge whatsoever under the Government of Jammu and Kashmir except that he should be designated Principal Secretary to the Government incharge of Election Department in the State Secretariat.
By order.
(Sd.) B. C. PATRA,
Secretary.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Sun., the 16th Dec., 2018/25th Agra., 1940. [No. 37-13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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)
Jammu, the 16th December, 2018.
The following Act been assented to by the Governor on 16th December, 2018 and is hereby published for general information :––
THE JAMMU AND KASHMIR REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2018
(Governor Act No. LIII of 2018)
[16th December, 2018.]
Enacted by the Governor in the Sixty-ninth Year of the Republic
of India.
2 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for 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
1. Short title and commencement.—(1) This Act may be called the Jammu and Kashmir Real Estates (Regulation and Development) Act, 2018.
(2) It shall come into force on such date as the Government may, by
notification in the Government Gazette, appoint.
2. Definitions.—(1) In this Act, unless the context otherwise
requires,—
(a) "adjudicating officer" means the adjudicating officer
appointed under sub-section (1) of section 71 ;
(b) "advertisement" means any document described or issued as through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate project, or offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes ;
(c) "agreement for sale" means an agreement entered into
between the promoter and the allottee ;
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(d) "allottee" in relation to a real estate project, means the person who is a permanent resident of the State of Jammu and Kashmir to whom a plot, apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who is a permanent resident of the State of Jammu and Kashmir and subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or buildings, as the case may be, is given on rent ;
(e) "apartment" whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop showroom or godown or for carrying on any business, occupation, profession or trade or for any other type of use ancillary to the purpose specified ;
(f) "Appellate Tribunal" means the Real Estate Appellate
Tribunal established under section 43 ;
(g) "architect" means a person registered as an architect under
the provisions of the Architects Act, 1972 ;
(h) "Authority" means the Real Estate Regulatory Authority
established under sub-section (1) of section 20 ;
(i) "building" includes any structure or erection or part of a
structure or erection which is intended to be used for
residential, commercial or for the purpose of any business,
occupation, profession or trade, or for any other related
purposes ;
(j) "carpet area" means the net usable floor area of an apartment,
excluding the area covered by the external walls, areas under 4 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
services shafts, exclusive balcony or verandah area and
exclusive open terrace area, but includes the area covered
by the internal partition walls of the apartment.
Explanation :—For the purpose of this clause, the expression "exclusive balcony or verandah area" means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee ; and "exclusive open terrace
area" means the area of open terrace which is appurtenant
to the net usable floor area of an apartment, meant for the exclusive use of the allottee ;
(k) "Chairperson" means the Chairperson of the Real Estate
Regulatory Authority appointed under section 21 ;
(l) "commencement certificate" means the commencement
certificate or the building permit or the construction permit, by whatever name called issued by the competent authority
to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan ;
(m) "common areas" mean—
(i) the entire land for the real estate project or where the
project is developed in phases and registration under
this Act is sought for a phase the entire land for that
phase ;
(ii) the staircases, lifts, staircase and lift lobbies,
fire escapes, and common entrances and exits of
buildings ;
(iii) the common basements, terraces, parks, play areas,
open parking areas and common storage spaces ;
(iv) the premises for the lodging of persons employed for
the management of the proper ty including
accommodation for watch and ward staffs or for the
lodging of community service personnel ;
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(v) installations of central services such as electricity, gas,
water and sanitation, airconditioning and incinerating system for water conservation and renewable energy ;
(vi) the water tanks, sumps, motors, fans, compressors,
ducts and all apparatus connected with installations for common use ;
(vii) all community and commercial facilities as provided
in the real estate project ;
(viii) all other portions of the project necessary or convenient for its maintenance, safety, etc. and in common use ;
(n) "company" means a company incorporated and registered
under the Companies Act, 2013 and includes,—
(i) a corporation established by or under any Central Act
or State Act ;
(ii) a development authority or any public authority established by the Government in this behalf under any law for the time being in force ;
(o) "competent authority" means the local authority or any authority created or established under any law for the time being in force by the Government which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property ;
(p) "completion certificate" means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws ;
(q) "day" means the working day, as may be, notified by the
Government from time to time ;
(r) "development" with its grammatical variations and cognate expressions, means carrying out the development of 6 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
immovable property, engineering or other operations in, on, over or under the land or the making of any material change in a ny immovable pr operty or land and includes re-development ;
(s) "development works" means the external development works
and internal development works on immovable property ;
(t) "engineer" means a person who possesses a bachelor's degree or equivalent from an institution recognized by the All India Council of Technical Education or any University or any institution recognized under a law or is registered as an engineer under any law for the time being in force ;
(u) "estimated cost of real estate project" means the total cost involved in developing the real estate project and includes the land cost, taxes, cess development and other charges ;
(v) "external development works" includes roads and road systems landscaping, water supply, water harvesting, sewerage and drainage systems, electricity supply, transformer, sub-station, solar plant, wind energy plant, solid waste management and disposal or any other work which may have to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws ;
(w) "family" includes husband, wife, minor son and unmarried
daughter wholly dependent on a person ;
(x) "garage" means a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas ;
(y) "Government" means the Government of Jammu and Kashmir ;
(z) "immovable property" includes land, buildings, rights of ways, lights or any other benefit arising out of land and things attached to the earth or permanently fastened to anything which is attached to the earth, but shall not include standing timber, standing crops or grass and lands used for extensive No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
agricultural/horticultural use like Paddy, Malayri (vegetable), saffron and orchards ;
(za) "interest" means the rates of interest payable by the promoter
or the allottee, as the case may be.
Explanation :—For the purpose of this clause—
(i) the rate of interest chargeable from the allottee by the promoter, in case of default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default ;
(ii) the interest payable by the promoter to the allottee shall be from the date the promoter received the amount or any part thereof till the date the amount or part thereof and interest thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date the allottee defaults in payment to the promoter till the date it is paid ;
(zb) "internal development works" means roads, footpaths, water supply, sewers, drains, parks, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water, solid waste management and disposal, water conservation, energy management, fire protection and fire safety requirements, social infrastructure such as educational health and other public amenities or any other work in a project for its benefit, as per sanctioned plans ;
(zc) "local authority" means the Municipal Corporation, Municipality, Panchayats, Development Authorities or any other Local Body constituted under any law for the time being in force for providing municipal services or basic amenities, as the case may be, in respect of area s under its jurisdiction ;
(zd) "Member" means the member of the Real Estate Regulatory Authority appointed under section 21 and includes the Chairperson ;
8 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ze) "notification" means a notification published in the Government Gazette and the expression "notify" shall be construed accordingly ;
(zf) "occupancy certificate" means the occupancy certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity ;
(zg) "Person" includes,—
(i) an individual ;
(ii) a Hindu undivided family ;
(iii) a company ;
(iv) a firm under the Indian Partnership Act, 1932 or the
Limited Liability Partnership Act, 2008, as the case
may be ;
(v) a competent authority ;
(vi) an association of persons or a body of individuals
whether incorporated or not ;
(vii) a co-operative society registered under any law
relating to co-operative societies ;
(viii) any such other entity as the Government may, by
notification, specify in this behalf ;
(zh) "planning area" means a planning area or a development area or a local planning area or a regional development plan area, by whatever name called, or any other area specified as such by the Government or any competent authority and includes any area designated by the Government or the competent authority to be a planning area for future planned development, under any law relating to Town Planning for the time being in force and as revised from time to time called as Master Plan and Zonal Plan ;
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(zi) "prescribed" means prescribed by rules made under this Act ;
(zj) "project" means the real estate project as defined in
clause (zn) ;
(zk) "promoter" means,—
(i) a person who constructs or causes to be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees ; or
(ii) a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon ; or
(iii) any development authority or any other public body
in respect of allottees of—
(a) buildings or apartments, as the case may be, constructed by such authority or body on lands owned by them or placed at their disposal by the Government ; or
(b) plots owned by such authority or body or placed at their disposal by the Government, for the purpose of selling all or some of the apartments or plots :—
Explanation :—For the purposes of this sub-clause, 'sale' shall mean of buildings or apartments or plots to a permanent resident of the State of Jammu and Kashmir ; or
(iv) an apex State level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its Members or in respect of the allottees of such apartments or buildings ; or 10 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(v) any other person who acts himself as a builder,
colonizer, contractor, developer, estate developer or
by any other name or claims to be acting as the holder
of a power of attorney from the owner of the land on
which the building or apartment is constructed or plot
is developed for sale ; or
(vi) such other person who constructs any building or
apartment for sale to the general public.
Explanation :—For the purposes of this clause, where the person who
constructs or converts a building into apartments or
develops a plot for sale and the persons who sells
apartments or plots are different persons, both of them
shall be deemed to be the promoters and shall be jointly
liable as such for the functions and responsibilities
specified, under this Act or the rules and regulations
made thereunder ;
(zl) "prospectus" means any document described or issued as a
prospectus or any notice, circular, or other document offering
for sale or any real estate project or inviting any person to
make advances or deposits for such purposes ;
(zm) "real estate agent" means any person, who negotiates or acts
on behalf of one person in a transaction of transfer of his
plot, apartment or building, as the case may be, in a real
estate project, by way of sale, with another person or transfer
of plot, apartment or building, as the case may be, of any
other person to him and receives remuneration or fees or
any other charges for his services whether as commission or
otherwise and includes a person who introduces, through
any medium, prospective buyers and sellers to each other
for negotiation for sale or purchase of plot, apartment or
building, as the case may be, and includes property dealers,
brokers, middlemen by whatever name called ;
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(zn) "real estate project" means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartment, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, all improvements and structures thereon, and all easement, rights and appurtenances belonging thereto ;
(zo) "regulations" means the regulations made by the Authority
under this Act ;
(zp) "rule" means the rules made under this Act by the
Government ;
(zq) "sanctioned plan" means the site plan, building plan, service
plan, parking and circulation plan, landscape plan, layout
plan, zoning plan, disaster management plan, Building Safety
Plan and such other plan and includes structural designs, if
applicable, permissions such as environment permission and
such other permissions, which are approved by the competent
authority prior to start of a real estate project.
(2) Words and expressions used herein but not defined in this Act
and defined in any law for the time being in force or in the municipal laws
or such other relevant laws of the Government shall have the same meanings
respectively assigned to them in those laws.
CHAPTER II
Registration of Real Estate Project and Registration
of Real Estate Agents
3. Prior registration of real estate project with Real Estate Regulatory
Authority.—(1) No promoter shall advertise, market, book, sell or offer
for sale, or invite persons to purchase in any manner any plot, apartment
or building, as the case may be, in any real estate project or part of it, in 12 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act :
Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act :
Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration.
(2) Notwithstanding anything contained in sub-section (1), no
registration of the real estate project shall be required—
(a) where the area of land proposed to be developed does not—
(i) exceed one kanal or the number of apartments proposed to be developed does not exceed eight inclusive of all phases ; and
(ii) exceed two kanals of land which is permitted to be used for residential purposes in terms of section 13 of the Jammu and Kashmir Agrarian Reforms Act, 1976 :
Provided that, if the Government considers it necessary, it may, reduce the aforesaid threshold limit of land or limit of eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act ;
a. where the promoter has received completion certificate for a real estate project prior to commencement of this Act ;
b. for the purpose of renovation or repair or re- development which does not involve marketing, advertising selling or new allotment of any apartment, No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
plot or building, as the case may be, under the real estate project.
Explanation :—For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered a stand alone real estate project, and the promoter shall obtain registration under this Act for each phase separately.
4. Application for registration of real estate projects.—(1) Every promoter shall make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied by such fee as may be specified by the regulations made by the Authority.
(2) The promoter shall enclose the following documents along with
the application referred to in sub-section (1), namely :—
(a) a brief details of his enterprise including its name,
registered address, type of enterprise (proprietorship,
societies, partnership, companies, competent authority),
and the particulars of registration, and the names and
photographs of the promoter ;
(b) a brief detail of the projects launched by him, in the
past five years, whether already completed or being
developed, as the case may be, including the current
status of the said projects, any delay in its completion,
details of cases pending, details of type of land and
payments pending ;
(c) an a uthenticated copy of the approvals and
commencement certificate from the competent authority
obtained in accordance with the laws as may be
applicable for the real estate project mentioned in the
application, and where the project is proposed to be
developed in phases, an authenticated copy of the
approvals and commencement certificate from the
competent authority for each of such phases ;
14 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(d) the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority ;
(e) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy ;
(f) the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project along with revenue extracts like Jamabandi, Girdawari etc. ;
(g) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees ;
(h) the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas apartment with the apartment, if any ;
(i) the number and areas of garage for sale in the project ;
(j) the names and addresses of his real estate agents, if
any, for the proposed project ;
(k) the names and addresses of the contractors/sub- contractors, architect, Town Planner, structural engineer, service Engineer, if any and other persons concerned with the development of the proposed project ;
(1) a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorized by the promoter, stating:—
(i) that he has a legal title to the land on which the development is proposed along with legally valid No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
documents with authentication of such title, if such land is owned by another person ;
(ii) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details ;
(iii) the time period within which he undertakes to complete the project or phase thereof, as the case may be ;
(iv) that seventy per cent of the amounts realized for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose :—
Provided that the promoter shall withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project :
Provided further that the amounts from the separate account shall be withdrawn by the promoter after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project :
Provided also that the promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilized for the 16 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project.
Explanation :— For the purpose of this clause, the term "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 ;
(v) that he shall take all the pending approvals on time,
from the competent authorities ;
(vi) that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act ; and
(vii) such other information and documents as may be
prescribed.
(3) The Authority shall operationalise a web based online system
for submitting applications for registration of projects within a period of
one year from the date of its establishment.
5. Grant of registration.—(1) On receipt of the application under
sub-section (1) of section 4, the Authority shall within a period of thirty
days,—
(a) grant registration subject to the provisions of this Act
and the rules and regulations made thereunder, and
provide a registration number, including a Login Id and
password to the applicant for accessing the website of
the Authority and to create his web page and to fill
therein the details of the proposed project ; or
(b) reject the application for reasons to be recorded in
writing, if such application does not conform to the
provisions of this Act or the rules or regulations made
thereunder :
Provided that no application shall be rejected unless
the applicant has been given an opportunity of being
heard in the matter.
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(2) If the Authority fails to grant the registration or reject the
application, as the case may be, as provided under sub-section (1), the
project shall be deemed to have been registered, and the Authority shall
within a period of seven days of the expiry of the said period of thirty days
specified under sub-section (1), provide a registration number and a Login
Id and password to the promoter for accessing the website of the Authority
and to create his web page and to fill therein the details of the proposed
project.
(3) The registration granted under this section shall be valid for a
period declared by the promoter under sub-clause (iii) of clause (l) of
sub-section (2) of section 4 for completion of the project or phase thereof,
as the case may be.
6. Extension of registration.—The registration granted under section 5
may be extended by the Authority on an application made by the promoter
due to force majeure, in such form and on payment of such fee as may be
specified by regulations made by the Authority :
Provided that the Authority may in reasonable circumstances, without
default on the part of the promoter, based on the facts of each case, and for
reasons to be recorded in writing, extend the registration granted to a project
for such time as it considers necessary, which shall, in aggregate, not exceed
a period of one year :
Provided further that no application for extension of registration shall
be rejected unless the applicant has been given an opportunity of being
heard in the matter.
Explanation :—For the purpose of this section, the expression "force
majeure" shall mean a case of war, flood, drought, fire,
cyclone, earthquake or any other calamity caused by nature
affecting the regular development of the real estate project.
7. Revocation of Registration.—(1) The Authority may, on receipt
of a complaint or suo motu in this behalf or on the recommendation of the 18 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
competent authority, revoke the registration granted under section 5, after being satisfied that—
(a) the promoter makes default in doing anything required by or under this Act or the rules or the regulations made thereunder ;
(b) the promoter violates any of the terms or conditions of the
approval given by the competent authority ;
(c) the promoter is involved in any kind of unfair practice or
irregularities.
Explanation :—For the purposes of this clause, the term "unfair practice means" a practice which, for the purpose of promoting the sale or development of any real estate project adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—
(A) the practice of making any statement, whether in writing
or by visible representation which,—
(i) falsely represents that the services are of a particular
standard or grade ;
(ii) represents that the promoter has approval or
affiliation which such promoter does not have ;
(iii) makes a false or misleading representation
concerning the services ;
(B) the promoter permits the publica tion of any
advertisement or prospectus whether in any newspaper
or otherwise of services that are not intended to be
offered ;
(d) the promoter indulges in any fraudulent practices.
(2) The registration granted to the promoter under section 5 shall not be revoked unless the Authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registration, and has considered any cause shown by the promoter within the period of that notice against the proposed revocation.
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(3) The Authority may, instead of revoking the registration under
sub-section (1), permit it to remain in force subject to such further terms
and conditions as it thinks fit to impose in the interest of the allottees, and
any such terms and conditions so imposed shall be binding upon the
promoter.
(4) The Authority, upon the revocation of the registration,—
(a) shall debar the promoter from accessing its website in
relation to that project and specify his name in the list of
defaulters and display his photograph on its website and
also inform the other Real Estate Regulatory Authority in
other States and Union territories about such revocation
or registration ;
(b) shall facilitate the remaining development works to be
carried out in accordance with the provisions of
section 8 ;
(c) shall direct the bank holding the project back account,
specified under sub-clause (iv) of clause (I) of sub-section
(2) of section 4, to freeze the account, and thereafter take
such further necessary actions, including consequent de-
freezing of the said account, towards facilitating the
remaining development works in accordance with the
provisions of section 8 ;
(d) may, to protect the interest of allottees or in the public
interest, issue such directions as it may deem necessary.
8. Obligation of Authority consequent upon lapse of or on revocation
of registration.—Upon lapse of the registration or on revocation of
the registration under this Act, the Authority, may consult the
Government to take such action as it may deem fit including the carrying
out of the remaining development works by competent authority or by the 20 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
association of allottees or in any other manner, as may be determined by the Authority :
Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act :
Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works.
9. Registration of real estate agents.—(1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project
registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section.
(2) Every real estate agent shall make an application to the Authority
for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed.
(3) The Authority shall, within such period, in such manner and upon satisfying itself of the fulfillment of such conditions, as may be prescribed—
(a) grant a single registration to the real estate agent for the
entire State ;
(b) reject the application for reasons to be recorded in
writing, if such application does not conform to the provisions of the Act or the rules or regulations made thereunder :
Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter.
(4) Where on the completion of the period specified under sub-section (3), if the applicant does not receive any communication about the deficiencies in his application or the rejection of his application, he
shall be deemed to have been registered.
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(5) Every real estate agent who is registered as per the provisions
of this Act or the rules and regulations made thereunder, shall be granted a
registration number by the Authority, which shall be quoted by the real
estate agent in every sale facilitated by him under this Act.
(6) Every registration shall be valid for such period as may be
prescribed, and shall be renewable for a period in such manner and on
payment of such fee as may be prescribed.
(7) Where any real estate agent who has been granted registration
under this Act commits breach of any of the conditions thereof or any
other terms and conditions specified under this Act or any rules or
regulations made thereunder, or where the Authority is satisfied that such
registration has been secur ed by the real estate a gent thr ough
misrepresentation or fraud, the Authority may, without prejudice to any
other provisions under this Act, revoke the registration or suspend the same
for such period as it thinks fit :
Provided that no such revocation or suspension shall be made by the
Authority unless an opportunity of being heard has been given to the real
estate agent.
10. Functions of real estate agents.—Every real estate agent
registered under section 9 shall,—
(a) not facilitate the sale or purchase of any plot, apartment
or building, as the case may be, in a real estate project or
part of it, being sold by the promoter in any planning
area, which is not registered with the Authority ;
(b) maintain and preserve such books of account, records
and documents as may be prescribed ;
(c) not involve himself in any unfair trade practices,
namely:—
(i) the practice of making any statement, whether orally
or in writing or by visible representation which—
(A) falsely represents that the services are of a
particular standard or grade ;
22 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(B) represents that the promoter or himself has approval or affiliation which such promoter or himself does not have ;
(C) makes a false or misleading representation
concerning the services ;
(ii) permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered.
(d) facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any Plot, apartment or building, as the case may be ;
(e) discharge such other functions as may be prescribed.
CHAPTER III
Functions and Duties of Promoter
11. Functions and duties of promoter.— (1) The promoter shall, upon receiving his Login Id and password under clause (a) of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web page on the website of the Authority and enter all details of the proposed project as provided under sub-section (2) of section 4, in all the fields as provided, for public viewing, including,—
(a) details of the registration granted by the Authority ;
(b) quarterly up-to-date the list of number and types of
apartments or plots, as the case may be, booked ;
(c) quarterly up-to-date the list of number of garages
booked ;
(d) quarterly up-to-date the list of approvals taken and the appr ovals which a re pending subsequent to commencement certificate ;
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(e) quarterly up-to-date status of the project ; and
(f) such other information and documents as may be
specified by the regulations made by the Authority.
(2) The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto.
(3) The promoter at the time of the booking and issue of allotment letter shall be responsible to make available to the allottee, the following information, namely:—
(a) sanctioned plans, layout plans, along with specifications, approved by the competent authority, by display at the site or such other place as may be specified by the regulations made by the Authority ;
(b) the stage-wise time schedule of completion of the project, including the provisions for civic infrastructure like water, sanitation and electricity.
(4) The promoter shall,—
(a) be responsible for all obligations, responsibilities and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees as per the agreement for sale, or to the association of allottees, as the case may be, till the conveyance of all the apartments, plots or buildings, as the case may be, to the allottees, or the common areas to the association of allottees or the competent authority, as the case may be :
Provided that the responsibility of the promoter, with respect to the structural defect or any other defect for such period as is referred to in sub-section (3) of section 14, shall continue even after the conveyance deed of all the apartments, plots or buildings, as the case may be, to the allottees are executed ;—
24 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) be responsible to obtain the completion certificate or the occupancy certificate, or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be ;
(c) be responsible to obtain the lease certificate, where the real estate project is developed on a leasehold land, specifying the period of lease, and certifying that all dues and charges in regard to the leasehold land has been paid, and to make the lease certificate available to the association of allottees ;
(d) be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees ;
(e) enable the formation of an association or society or co- operative society, as the case may be, of the allottees, or a federation of the same, under the laws applicable :
Provided that in the absence of local laws, the association of allottees, by whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building, as the case may be, in the project ;
(f) execute a registered conveyance deed of the apartment, plot or building, as the case may be, in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as the case may be, as provided under section 17 of this Act ;
(g) pay all outgoings until he transfers the physical possession of the real estate project to the allottee or the associations of allottees, as the case may be, which he has collected from the allottees, for the payment of outgoings (including
land cost, ground rent, municipal or other local taxes, No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
charges for water or electricity, maintenance charges,
including mortgage loan and interest on mortgages or
other encumbrances and such other liabilities payable to
competent authorities, banks and financial institutions,
which are related to the project) :
Provided that where any promoter fails to pay all or
any of the outgoings collected by him from the allottees
or any liability, mortgage loan and interest thereon before
transferring the real estate project to such allottees, or
the association of the allottees, as the case may be, the
promoter shall continue to be liable, even after the
transfer of the property, to pay such outgoings and
penal charges, if any, to the authority or person to whom
they are payable and be liable for the cost of any
legal proceedings which may be taken therefor by such
authority or person ;
(h) after he executes an agreement for sale for any apartment,
plot or building, as the case may be, not mortgage or
create a charge on such apartment, plot or building, as
the case may be, and if any such mortgage or charge is
made or created then notwithstanding anything contained
in any other law for the time being in force, it shall not
affect the right and interest of the allottee who has taken
or agreed to take such apartment, plot or building, as the
case may be.
(5) The promoter may cancel the allotment only in terms of the
agreement for sale :
Provided that the allottee may approach the Authority for relief, if
he is aggrieved by such cancellation and such cancellation is not in
accordance with the terms of the agreement for sale, unilateral and
without any sufficient cause.
(6) The promoter shall prepare and maintain all such other details
as may be specified, from time to time, by regulations made by the Authority.
26 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
12. Obligations of promoter regarding veracity of the advertisement
or prospectus.— Where any person makes an advance or a deposit on the
basis of the information contained in the notice, advertisement or
prospectus, or on the basis of any model apartment, plot or building, as the
case may be, and sustains any loss or damage by reason of any incorrect,
false statement included therein, he shall be compensated by the promoter
in the manner as provided under this Act :
Provided that if the person affected by such incorrect, false statement
contained in the notice, advertisement or prospectus, or the model
apartment, plot or building, as the case may be, intends to withdraw from
the proposed project, he shall be returned his entire investment along
with interest at such rate as may be prescribed and the compensation in the
manner provided under this Act.
13. No. deposit or advance to be taken by promoter without first
entering into agreement for sale.— (1) A promoter shall not accept a sum
more than ten per cent of the cost of the apartment, plot, or building as the
case may be, as an advance payment or an application fee, from a person
without first entering into a written agreement for sale with such person
and register the said agreement for sale, under any law for the time being
in force.
(2) The agreement for sale referred to in sub-section (1) shall be in
such form as may be prescribed and shall specify the particulars of
development of the project including the construction of building and
apartments, along with specifications and internal development works and
external development works, the dates and the manner by which payments
towards the cost of the apartment, plot or building, as the case may be, are
to be made by the allottees and the date on which the possession of the
apartment, plot or building is to be handed over, the rates of interest payable
by the promoter to the allottee and the allottee to the promoter in case of
default, and such other particulars, as may be prescribed.
14. Adherence to sanctioned plans and project specifications by
the promoter.— (1) The proposed project shall be developed and completed
by the promoter in accordance with the sanctioned plans, layout plans and
specifications as approved by the competent authorities.
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(2) Notwithstanding anything contained in any law, contract or
agreement, after the sanctioned plans, layout plans and specifications and
the nature of the fixtures, fittings, amenities and common areas, of the
apartment, plot or building, as the case may be, as approved by the
competent authority, are disclosed or furnished to the person who agree to
take one or more of the said apartment, plot or building, as the case may
be, the promoter shall not make—
(i) any additions and alterations in the sanctioned plans,
layout plans and specifications and the nature of
fixtures, fittings and amenities described therein in
respect of the apartment, plot or building, as the case
may be, which are agreed to be taken, without the
previous consent of that person ;
Provided that the promoter may make such minor
additions or alterations as may be required by the
allottee, or such minor changes or alterations as may
be necessary due to architectural and structural reasons
duly recommended and verified by an authorized
Architect or Engineer after proper declaration and
intimation to the allottee.
Explanation :—For the purpose of this clause, "minor additions or
alterations" excludes structural change including an
addition to the area or change in height, or the removal
of part of a building, or any change to the structure,
such as the construction or removal or cutting into of
any wall or a part of a wall, partition, column, beam,
joist, floor including a mezzanine floor or other support,
or a change to or closing of any required means of
access ingress or egress or a change to the fixtures or
equipment, etc.
(ii) any other alterations or additions in the sanctioned
plans, layout plans and specifications of the buildings 28 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
or the common areas within the project without the
previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to
take apartments in such building.
Explanation :—For the purpose of this clause, the allottees, irrespective of the number of apartments or plots, as the case may be,
booked by him or booked in the name of his family, or in
the case of other persons such as companies or firms or any association of individuals, etc., by whatever name
called, booked in its name or booked in the name of its associated entities or related enterprises, shall be
considered as one allottee only.
(3) In case any structural defect or any other defect in
workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is
brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of
the promoter to rectify such defects without further charge, within thirty
days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate
compensation in the manner as provided under this Act.
15. Obligation of promoter in case of transfer of a real estate project to a third party.— (1) The promoter shall not transfer or assign his
majority rights and liabilities in respect of a real estate project to a third
party without obtaining prior written consent from two-third allottees, except the promoter, and without the prior written approval of the
Authority:—
Provided that such transfer or assignment shall not affect the
allotment or sale of the apartments, plots or buildings as the case may be, in the real estate project made by the erstwhile promoter.
Explanation :—For the purpose of this sub-section, the allottee, irrespective
of the number of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in
the case of other persons such as companies or firms or No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
any association of individuals, by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only.
(2) On the transfer or assignment being permitted by the allottees and the Authority under sub-section (1), the intending promoter shall be required to independently comply with all the pending obligations under the provisions of this Act or the rules and regulations made thereunder, and the pending obligations as per the agreement for sale entered into by the erstwhile promoter with the allottees :
Provided that any transfer or assignment permitted under provisions of this section shall not result in extension of time to the intending promoter
to complete the real estate project and he shall be required to comply with all the pending obligations of the erstwhile promoter, and in case of default, such intending promoter shall be liable to the consequences of breach or delay, as the case may be, as provided under this Act or the rules and regulations made thereunder.
16. Obligations of promoter regarding insurance of real estate project.— (1) The promoter shall obtain all such insurances as may be notified by the Government, including but not limited to insurance in
respect of—
(i) title of the land and building as a part of the real estate
project ; and
(ii) construction of the real estate project.
(2) The promoter shall be liable to pay the premium and charges in
respect of the insurance specified in sub-section (1) and shall pay the same
before transferring the insurance to the association of the allottees.
(3) The insurance as specified under sub-section (1) shall stand
transferred to the benefit of the allottee or the association of allottees, as
the case may be, at the time of promoter entering into an agreement for
sale with the allottee.
(4) On formation of the association of the allottees, all documents
relating to the insurance specified under sub-section (1) shall be handed
over to the association of the allottees.
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17. Transfer of title.— (1) The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment or building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under any law in force in the State :
Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate.
(2) After obtaining the occupancy certificate and handing over physical possession to the allottees in terms of sub-section (1), it shall be the responsibility of the promoter to hand-over the necessary documents and plans, including common areas, to the association of the allottees or the competent authority, as the case may be, as per law in force in the State :
Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority :
Provided that, in the absence of any law, the promoter shall handover the necessary documents and plans, including common areas, the association of the allottees or the competent authority, as the case may be, within thirty days after obtaining the occupancy certificate.
18. Return of amount and compensation.— (1) If the promoter fails to complete or is unable to give possession of an apartment, plot or building,—
(a) in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein ; or
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under this Act or for any other reason, he shall be liable on demand to the allottees. in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act :—
Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.
(2) The promoter shall compensate the allottees in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under this Act, and the claim for compensation under this sub-section shall not be barred by limitation provided under any law for the time being in force.
(3) If the promoter fails to discharge any other obligations imposed on him under this Act or the rules or regulations made thereunder or in accordance with the terms and conditions of the agreement for sale, he shall be liable to pay such compensation to the allottees, in the manner as provided under this Act.
CHAPTER IV
Rights and Duties of Allottees
19. Rights and duties of allottees.— (1) The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications approved by the competent authority and such other information as provided in this Act or the rules and regulations made thereunder or the agreement for sale signed with the promoter.
(2) The allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provisions for water, 32 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale.
(3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub-clause (iii) of clause (l) of sub-section (2) of section 4.
(4) The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act or the rules or regulations made thereunder.
(5) The allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as the case may be, by the promoter.
(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any.
(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6).
(8) The obligations of the allottee under sub-section (6) and the liability towards interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee.
(9) Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same.
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(10) Every allottee shall take physical possession of the
apartment, plot or building as the case may be within a period of two months of the occupancy certificate issued for the said apartment, plot or building,
as the case may be.
(11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be, as
provided under sub-section (1) of section 17 of this Act.
CHAPTER V
The Real Estate Regulatory Authority
20. Establishment of Real Estate Regulatory Authority.— (1) The
Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Authority to be known
as the Real Estate Regulatory Authority to exercise the powers conferred
on it and to perform the functions assigned to it under this Act :
Provided that, the Government may, if it deems fit, establish more
than one Authority in the State :
Provided further that until the establishment of a Regulatory
Authority under this section, the Government shall, by order, designate
any Regulatory Authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority for the
purposes of this Act :
Provided also that after the establishment of the Regulatory
Authority, all applications, complaints or cases pending with the Regulatory
Authority or officer designated, shall stand transferred to the Regulatory Authority so established and shall be heard from the stage such applications,
complaints or cases are transferred.
(2) The Authority shall be a body corporate by the name aforesaid
having perpetual succession and a common seal, with the power, subject to the provisions of this Act, to acquire, hold and dispose of property, both
movable and immovable, and to contract, and shall, by the said name, sue
or be sued.
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21. Composition of Authority.—The Authority shall consist of a
Chairperson and not less than two whole time Members to be appointed by the Government.
22. Qualifications of Chairperson and Members of Authority .— The Chairperson and other Members of the Authority shall be appointed by the
Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Chief Secretary
of the State, the Secretary of the Department dealing with Housing and
the Law Secretary, in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at-
least twenty years in case of the Chairperson and fifteen years in the case of the Members in urban development, housing, real estate development,
infrastructure, economics, technical experts from relevant fields, planning,
law, commerce, accountancy, industry, management, social service, public affairs or administration :
Provided that a person who is, or has been, in the service of the Government shall not be appointed as a Chairperson unless such person
has held the post of Principal Secretary in the State Government or any
equivalent post in the Government :
Provided further that a person who is, or has been, in the service of
the Government shall not be appointed as a member unless such person has held the post of Secretary to the State Government or any equivalent
post in the Government.
23. Term of office of Chairperson and Members.—(1) The
Chairperson and Members shall hold office for a term not exceeding five
years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be
eligible for re-appointment.
(2) Before appointing any person as a Chairperson or Member,
the Government shall satisfy itself that the person does not have any such
financial or other interest as is likely to affect prejudicially his functions as such Member.
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24. Salary and allowances payable to Chairperson and Members.— (1) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure.
(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 23, the Chairperson or a Member, as the case may be, may, —
(a) relinquish his office by giving in writing, to the Government,
notice of not less than three months ; or
(b) be removed from his office in accordance with the provisions
of section 26 of this Act.
(3) Any vacancy caused to the office of the Chairperson or any other Member shall be filled-up within a period of three months from the date on which such vacancy occurs.
25. Administrative powers of Chairperson.—The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such administrative powers and functions of the Authority as may be prescribed.
26. Removal of Chairperson and Members from office in certain circumstances.—(1) The Government may, in accordance with the procedure notified, remove from office the Chairperson or other Members, if the Chairperson or such other Member, as the case may be, —
(a) has been adjudged as an insolvent ; or
(b) has been convicted of an offence, involving moral
turpitude ; or
(c) has become physically or mentally incapable of acting as a
Member ; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions ; or 36 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(e) has so abused his position as to render his continuance in office prejudicial to the public interest like resorting to encroachments by himself or through member(s) of his family.
(2) The Chairperson or Member shall not be removed from his office on the ground specified under clause (d) or clause (e) of sub-section (1) except by an order made by the Government after an inquiry made by a Judge of the High Court in which such Chairperson or Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
27. Restrictions on Chairperson or Members on employment after cessation of office.— (1) The Chairperson or a Member, ceasing to hold office as such, shall not,—
(a) accept any employment in, or connected with, the management or administration of, any person or organization which has been associated with any work under this Act, from the date on which he ceases to hold office :
Provided that nothing contained in this clause shall apply to any employment under the Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or provincial Act or a Government Company, as defined under clause (45) of section 2 of the Companies Act, 2013, which is not a promoter as per the provisions of this Act ;
(b) act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or such Member had, before cessation of office, acted for or provided advice to, the Authority ;
(c) give advice to any person using information which was
obtained in his capacity as the Chairperson or a Member and
being unavailable to or not being able to be made available to
the public ;
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(d) enter into a contract of service with, or accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such.
(2) The Chairperson and Members shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as such.
28. Officers and other employees of Authority.— (1) The Government may, in consultation with the Authority appoint such officers and employees as it considers necessary for the efficient discharge of their functions under this Act who would discharge their functions under the general superintendence of the Chairperson.
(2) The salary and allowances payable to, and the other terms and conditions of service of, the officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be prescribed.
29. Meetings of Authority.—(1) The Authority shall meet at such places and times, and shall follow such rules of procedure in regard to the transaction of business at its meetings, (including quorum at such meetings), as may be specified by the regulations made by the Authority.
(2) If the Chairperson for any reason, is unable to attend a meeting of the Authority, any other Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote.
(4) The questions which come up before the Authority shall he dealt with as expeditiously as possible and the Authority shall dispose of the same within a period of sixty days from the date of receipt of the application :
Provided that where any such application could not be disposed of within the said period of sixty days, the Authority shall record its reasons in writing for not disposing of the application within that period.
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30. Vacancies, etc., not to invalidate proceeding of Authority.—
No act or proceeding of the Authority shall be invalid merely by reason
of—
(a) any vacancy in, or any defect in the constitution of, the
Authority ; or
(b) any defect in the appointment of a person acting as a Member
of the Authority. or
(c) any irregularity in the procedure of the Authority not affecting
the merits of the case.
31. Filing of complaints with the Authority or the adjudicating
officer.— (1) Any aggrieved person may file a complaint with the Authority
or the adjudicating officer, as the case may be for any violation or
contravention of the provisions of this Act or the rules and regulations
made thereunder against any promoter allottee or real estate agent, as the
case may be.
Explanation :—For the purpose of this sub-section "person" shall include
the association of allottees or any voluntary consumer
association registered under any law for the time being in
force.
(2) The form, manner and fees for filing complaint under sub-section
(1) shall be such as may be specified by regulations.
32. Functions of Authority for promotion of real estate sector.—
The Authority shall in order to facilitate the growth and promotion of a
healthy, transparent, efficient and competitive real estate sector make
recommendations to the Government of the competent authority, as the
case may be, on,—
(a) protection of interest of the allottees, promoter and real estate
agent ;
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(b) creation of a single window system for ensuring time bound project approvals and clearances for timely completion of the project ;
(c) creation of a transparent and robust grievance redressal mechanism against acts of ommission and commission of competent authorities and their officials ;
(d) measures to encourage investment in the real estate sector including measures to increase financial assistance to affordable housing segment ;
(e) measures to encourage construction of environmentally sustainable and affordable housing, promoting standardization and use of appropriate construction materials, fixtures, fittings and construction techniques ;
(f) measures to encourage grading of projects on various
parameters of development including grading of promoters:
(g) measures to facilitate amicable conciliation of disputes between the promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations ;
(h) measures to facilitate digitization of land records and system
towards conclusive property titles with title guarantee ;
(i) to render advice to the Government in matters relating to the
development of real estate sector ;
(j) any other issue that the Authority may think necessary for the
promotion of the real estate sector.
33. Advocacy and awareness measures.—(1) The Government may, while formulating a policy on real estate sector (including review of laws related to real estate sector) or any other matter, make a reference to the Authority for its opinion on possible effect, of such policy or law on real 40 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
estate sector and on the receipt of such a reference, the Authority shall within a period of sixty days of making such reference, give its opinion to the Government which may therafter take further action as it deems fit.
(2) The opinion given by the Authority under sub-section (1) shall not be binding upon the Government in formulating such policy or laws.
(3) The Authority shall take suitable measures for the promotion of advocacy, creating awareness and imparting training about laws relating to real estate sector and policies.
34. Functions of Authority.—The functions of the Authority shall
include,—
(a) to register and regulate real estate projects and real estate agents
registered under this Act ;
(b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted ;
(c) to maintain a database, on its website, for public viewing, and enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalized under this Act, with reasons therefor, for access to the general public ;
(d) to maintain a database, on its website, for public viewing, and enter the names and photographs of real estate agents who have applied and registered under this Act, with such details as may be prescribed, including those whose registration has been rejected or revoked ;
(e) to fix through regulations for each area under its jurisdiction the standard fees to be levied on the allottees or the promoter or the real estate agent, as the case may be ;
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(f) to ensure compliance of the obligations cast upon the promoters, the allottees and the real estate agents under this Act and the rules and regulations made thereunder ;
(g) to ensure compliance of its regulations or orders or directions
made in exercise of its powers under this Act ;
(h) to perform such other functions as may be entrusted to the Authority by the Government as may be necessary to carry out the provisions of this Act.
35. Powers of Authority to call for information, conduct investigations .— (1) Where the Authority considers it expedient to do so, on a complaint or suo mote, relating to this Act or the rules of regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be.
(2) Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, Samvat 1977 while trying a suit, in respect of the following matters and the proceeding will be deemed judicial proceedings under section 228 of Code of Criminal Procedure Samvat, 1989, namely :—
(i) the discovery and production of books of account and other documents, at such place and at such time as may be specified by the Authority ;
(ii) summoning and enforcing the attendance of persons and
examining them on oath ;
(iii) issuing commissions for the examination of witnesses or
documents:
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(iv) any other matter which may be prescribed.
36. Power to issue interim orders.—Where during an inquiry, the Authority is satisfied that an act in contravention of this Act, or the rules and regulations made thereunder, has been committed and continues to be committed or that such act is about to be committed, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry of until further orders, without giving notice to such party, where the Authority deems it necessary.
37. Powers of Authority.—The Authority may, for the purpose of discharging its functions under the provisions of this Act or rules or regulations made thereunder, issue such directions from time to time, to the promoters or allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concerned.
38. Powers of Authority.— (1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder such as registering of FIR under relevant law and making a reference to the competent court for launching prosecution.
(2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure.
(3) Where an issue is raised relating to agreement, action, omission,
practice or procedure that—
(a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project ; or
(b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely, then the Authority, may aro mow, make reference in respect of such issue to the Competition Commission of India.
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39. Rectification of orders.—The Authority may, at any time within
a period of two years from the date of the of order made under this Act,
with a view to rectifying any mistake apparent from the record, amend any
order passed by it, and shall make such amendment, if the mistake is brought
to its notice by the parties:
Provided that no such amendment shall be made in respect of any
order against which an appeal has been preferred under this Act:
Provided further that the Authority shall not, while rectifying any
mistake apparent from record, amend substantive part of its order passed
under the provisions of this Act.
40. Recovery of interest or penalty or compensation and
enforcement of orders, etc..—(1) If a promoter or an allottee or a real estate
agent, as the case may be, fails to pay any interest or penalty or
compensation imposed on him, by the adjudicating officer or the Regulatory
Authority or the Appellate Authority, as the case may be, under this Act or
the rules and regualtions made thereunder, it shall be recoverable from
such promoter or allottee or real estate agent, in such manner as may be
prescribed as an arrears of land revenue.
(2) If any adjudicating officer or the Regulatory Authority or the
Appellate Tribunal, as the case may be, issues any order or directs any
person to do any act, or refrain from doing any act, which it is empowered
to do under this Act or the rules or regulations made thereunder, then in
case of failure by any person to comply with such order or direction, the
same shall be enforced, in such manner as may be prescribed.
CHAPTER VI
State Advisory Council
41. Establishment of State Advisory Council.—(1) The
Government may, by notification, establish with effect from such date as it
may specify in such notification, a Council to be known as the State
Advisory Council.
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(2) The Minister incharge, Housing and Urban Development Department shall be the ex-officio Chairperson of the State Advisory Council.
(3) The State Advisory Council shall consist of representatives of the Department of Finance, Industry and Commerce, Consumer Affairs, Law and Justice, Planning, Monitoring and Development Department Housing and Urban Development, representatives of the Real Estate Regulatory Authorities to be selected by rotatation, and any other Government Department as notified.
(4) The State Advisory Council shall also consist of not more than Seven members to represent the interests of real estate industry, consumers, real estate agents, construction labourers, non-governmental organizations and academic and research bodies in the real estate sector. However the Council shall also have one female member.
42. Functions of State Advisory Council.— (1) The functions of the State Advisory Council shall be to advise and recommend functions of the Government,—
(a) on all matters concerning the implementation of this Act ;
(b) on major questions of policy ;
(c) towards protection of consumer interest ;
(d) to foster the growth and development of the real estate sector ;
(e) on any other matter as may be assigned to it by the Government.
(2) The Government may specify the rules to give effect to the recommendations of the State Advisory Council on matters as provided under sub-section (1).
CHAPTER VII
The Real Estate Appellate Tribunal
43. Establishment of Real Estate Appellate Tribunal.—(1) The Government shall, within a period of one year from the date of coming No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 45 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
into force of this Act, by notification, establish an Appellate Tribunal to be known as Jammu and Kashmir State Real Estate Tribunal.
(2) The Government may, if it deems necessary, establish one or more
benches of the Appellate Tribunal, for various jurisdictions, in the State.
(3) Every bench of the Appellate Tribunal shall consist of at least one
Judicial Member and one Administrative to Technical Member.
(4) Until the establishment of an Appellate Tribunal under this section, the Government shall designate, by order, any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act :
Provided further that after the Appellate Tribunal under this section is established, all matters pending with the Appellate Tribunal designated to hear appeals, shall stand transferred to the Appellate Tribunal so established and shall be heard from the stage such appeal is transferred.
(5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter :
Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal at least thirty per cent of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.
Explanation :—For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.
44. Application for settlement of disputes and appeals to Appellate Tribunal.— (1) The Government or the competent authority or any person 46 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.
(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed :
Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.
(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be.
(5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal :
Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
(6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.
45. Composition of Appellate Tribunal.—The Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 47 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
of which one shall be a Judicial Member and other shall be a Technical or Administrative Member, to be appointed by the Government.
Explanation :—For the purposes of this Chapter,—
(i) "Judicial Member" means a Member of the Appellate Tribunal appointed as such under clause (b) of sub-section (1) of section 46 ;
(ii) "Technical or Administrative Member" means a Member of the Appellate Tribunal appointed as such under clause (c) of sub-section (1) of section 46.
46. Qualifications for appointment of Chairperson and Members.— (1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,—
(a) in the case of Chairperson, is or has been a Judge of a High
Court ; and
(b) in the case of a Judicial Member, he has held a judicial office in the State for at least fifteen years or has been a member of the Jammu and Kashmir Legal (Gazetted) Service and has held the post of Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters ; and
(c) in the case of a Technical or Administrative Member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post of Additional Secretary in the Government of India.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the Government in consultation with the Chief Justice of High Court or his nominee.
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(3) The Judicial Members and Technical or Administrative Members of the Appellate Tribunal shall be appointed by the Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department, Housing and Urban Development Department and the Law Secretary and in such manner as may be prescribed.
47. Term of office of Chairperson and Members.— (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office, as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment :
Provided that in case a person, who is or has been a Judge of a High Court, has been appointed as Chairperson of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years :
Provided further that no Judicial Member or Technical or Administrative Member shall hold office after he has attained the age of sixty-five years.
(2) Before appointing any person as Chairperson or Member, the Government shall satisfy itself that the person does not have any such financial or other interest, as is likely to affect prejudicially his functions as such member.
48. Salary and allowances payable to Chairperson and Members.— (1) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure.
(2) Notwithstanding anything contained in sub-sections (1) and (2)
of section 47, the Chairperson or a Member, as the case may be, may,—
(a) relinquish his office by giving in writing to the Government a
notice of not less than three months ;
(b) be removed from his office in accordance with the provisions
of section 49.
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(3) A vacancy caused to the office of the Chairperson or any other Member, as the case may be, shall be filled-up within a period of three months from the date on which such vacancy occurs.
49. Removal of Chairperson and Member from office in certain circumstances .—(1) The Government may, in consultation with the Chief Justice of the High Court, remove from office of the Chairperson or any judicial Member or Technical or Administrative Member of the Appellate Tribunal, who—
(a) has been adjudged as an insolvent ; or
(b) has been convicted of an offence which, in the opinion of the
Government involves moral turpitude ; or
(c) has become physically or mentally incapable ; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions ; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest.
(2) The Chairperson or Judicial Member or Technica l or Administrative Member shall not be removed from his office except by an order made by the Government after an inquiry made by the Judge of the High Court in which such Chairperson or Judicial Member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Government may suspend from the office of the Chairperson or Judicial Member or Technical or Administrative Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the High Court under sub-section (2), until the Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference.
(4) The Government may, by rules, regulate the procedure for inquiry
referred to in sub-section (2).
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50. Restrictions on Chairperson or Judicial Member or Technical
or Administrative Member on employment after cessation of office.— (1) The Chairperson or Judicial Member or Technical or Administrative
Member, ceasing to hold office as such shall not,—
(a) accept any employment in, or connected with, the management
or administration of, any person or organization which has been associated with any work under this Act, from the date
on which he ceases to hold office :
Provided that nothing contained in this clause shall apply to any employment under the Government or a local authority or
in any statutory authority or any corporation established by or under any Central/State Act or a Government Company as
defined under clause (45) of section 2 of the Companies Act,
2013, which is not a promoter as per the provisions of this Act ;
(b) act, for or on behalf of any person or organization in connection with any specific proceeding or transaction or negotiation or a
case to which the Authority is a party and with respect to which
the Chairperson or Judicial Member or Technical or Administrative Member had, before cessation of office, acted
for or provided advice to, the Authority ;
(c) give advice to any person using information which was
obtained in his capacity as the Chairperson or Judicial Member or Technical or Administrative Member and being unavailable
to or not being able to be made available to the public ;
(d) enter into a contract of service with, or accept an appointment to a board of directors of, or accept an offer of employment
with, an entity with which he had direct and significant official dealings during his term of office as such.
(2) The Chairperson or Judicial Member or Technica l or
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any matter which has been brought under his consideration or known to him while acting as such.
51. Officers and other employees of Appellate Tribunal.— (1) The Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson.
(3) The salary and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed.
52. Vacancies.— If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.
53. Powers of Tribunal.— (1) The Appellate Tribunal shall not be bound by the procedure laid down in Code of Civil Procedure, Samvat 1977 but shall be guided by the principles of natural justice.
(2) Subject to the provisions of this Act, the Appellate Tribunal shall
have power to regulate its own procedure.
(3) The Appellate Tribunal shall also not be bound by the rules of
evidence contained in the Evidence Act, 1872.
(4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, Samvat 1977 in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and
examining him on oath ;
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(b) requiring the discovery and production of documents ;
(c) receiving evidence on affidavits ;
(d) issuing commissions for the examinations of witnesses or
documents ;
(e) reviewing its decisions ;
(f) dismissing an application for default or directing it ex parte ;
and
(g) any other matter which may be prescribed.
(5) All proceedings before the Appellate Tribunal shall be deemed
to be judicial proceedings within the meaning of sections 193, 219 and
228 for the purposes of section 196 of the Ranbir Penal Code, Samvat
1989 and the Appellate Tribunal shall be deemed to be civil court for the
purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, Samvat 1989.
54. Administrative powers of Chairperson of Appellate Tribunal.—
The Chairperson shall have powers of general superintendence and direction
in the conduct of the affairs of Appellate Tribunal and he shall, in addition
to presiding over the meetings of the Appellate Tribunal exercise and
discharge such administrative powers and functions of the Appellate
Tribunal as may be prescribed.
55. Vacancies, etc., not to invalidate proceeding of Appellate
Tribunal.—No act or proceeding of the Appellate Tribunal shall be invalid
merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the
Appellate Tribunal, or
(b) any defect in the appointment of a person acting as a Member
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(c) Any irregularity in the procedure of the Appellate Tribunal
not affecting the merits of the case.
56. Right to legal representation .— The applicant or appellant may
either appear in person or authorize one or more chartered accountants or
company secretaries or cost accountants or legal practitioners or any of its
officers to present his or its case before the Appellate Tribunal or the
Regulatory Authority or the adjudicating officer, as the case may be.
Explanation :—For the purposes of this section,—
(a) "chartered accountant" means a chartered accountant as
defined in clause (b) of sub-section (1) of section 2 of the
Chartered Accountants Act, 1949 or any other law for the time
being in force and who has obtained a certificate of practice
under sub-section (1) of section 6 of that Act ;
(b) "company secretary" means a company secretary as defined
in clause (c) of sub-section (1) of section 2 of the Company
Secretaries Act, 1980 or any other law for the time being in
force and who has obtained a certificate of practice under
sub-section (1) of section 6 of that Act ;
(c) "cost accountant" means a cost accountant as defined in clause
(b) of sub-section (1) of section 2 of the Cost and Works
Accountants Act, 1959 or any other law for the time being in
force and who has obtained a certificate of practice under
sub-section (1) of section 6 of that Act ;
(d) "legal practitioner" means an advocate, vakil or an attorney of
any High Court, and includes a pleader in practice.
57. Orders passed by Appellate Tribunal to be executable as a
decree.—(1) Every order made by the Appellate Tribunal under this Act
shall be executable by the Appellate Tribunal as a decree of civil court,
and for this purpose, the Appellate Tribunal shall have all the powers of a
civil court.
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(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court.
58. Appeal to High Court.—(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court of Jammu and Kashmir , within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, Samvat 1977 :
Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any decision or order made by the
Appellate Tribunal with the consent of the parties.
CHAPTER VIII
Offences, Penalties and Adjudication
59. Punishment for non-registration under section 3.— (1) If any promoter contravenes the provisions of section 3, he shall be liable to a non-penalty which may extend up to ten per cent of the estimated cost of the real estate project registration as determined by the Authority.
(2) If any promoter does not comply with the orders, decisions or directions issued under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent of the estimated cost of the real estate project, or with both.
60. Penalty for contravention of section 4.— If any promoter provides false information or contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five per cent of the estimated cost of the real estate project, as determined by the Authority.
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61. Penalty for contravention of other provisions of this Act.—If any promoter contravenes any other provisions of this Act, other than that provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent of the estimated cost of the real estate project as determined by the Authority.
62. Penalty for non-registration and contravention under sections 9 and 10.—If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.
63. Penalty for failure to comply with orders of Authority by promoter.—If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent of the estimated cost of the real estate project as determined by the Authority.
64. Penalty for failure to comply with orders of Appellate Tribunal by promoter.— If any promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to three years or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent of the estimated cost of the real estate project, or with both.
65. Penalty for failure to comply with order of Authority by real estate agent.—If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority.
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66. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.— If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both. This amount shall be recovered by the authority as arrears under Land Revenue Act.
67. Penalty for failure to comply with orders of Authority by allottee.—If any allottee, who fails to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent of the plot, apartment or building cost, as the case may be, as determined by the Authority.
68. Penalty for failure to comply with orders of Appellate Tribunal
by allottee.—If any allottee, who fails to comply with, or contravenes any
of the orders or directions of the Appellate Tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend up to
one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent of the plot, apartment or
building cost, as the case may be, or with both.
69. Offences by companies.— (1) Where an offence under this Act
has been committed by a company, every person who, at the time, the
offence was committed was incharge of, or was responsible to the company for the conduct of, the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section, shall render any
such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all
due diligence to prevent the commission of such offence.
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(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation:—For the purpose of this section,—
(a) "company" means anybody corporate and includes a firm, or
other association of individuals ; and
(b) "director" in relation to a firm, means a partner in the firm.
70. Compounding of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, if any person is punished with imprisonment under this Act, the punishment may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed :
Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded.
71. Power to adjudicate.—(1) For the purpose of adjudging compensation under sections 12, 14, 18 and section 19, the Authority shall appoint in consultation with the Government one or more judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard :
Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the District Consumer Disputes Redressal Forum or the Divisional Consumer Disputes Redressal Forum or the State Consumer Redressal Commission established under the Jammu and Kashmir Consumer Protection Act, 1987, 58 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.
(2) The application for adjudging compensation under sub-section (1), shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days from the date of receipt of the application :
Provided that where any such application could not be disposed of within the said period of sixty days, the adjudicating officer shall record his reasons in writing for not disposing of the application within that period.
(3) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may direct to pay such compensation or interest, as the case any be, as he thinks fit in accordance with the provisions of any of those sections.
72. Factors to be taken into account by the adjudicating officer.— While adjudging the quantum of compensation or interest, as the case may be, under section 71, the adjudicating officer shall have due regard to the following factors, namely :—
(a) the amount of disproportionate gain or unfair advantage,
wherever quantifiable, made as a result of the default ;
(b) the amount of loss caused as a result of the default ;
(c) the repetitive nature of the default ;
(d) such other factors which the adjudicating officer considers
necessary to the case in furtherance of justice.
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CHAPTER IX
Finance, Accounts, Audits and Reports
73. Grants and loans by the Government.—The Government may, after due appropriation made by State Legislature in this behalf, make to
the Authority grants and loans of such sums of money as that Government may consider necessary.
74. Grants and loans by Government.—The Government may, after due appropriation made by State Legislature by law in this behalf, make to the Authority, grants and loans of such sums of money as the Government may think fit for being utilized for the purposes of this Act.
75. Constitution of Fund .— (1) The Government shall constitute a fund to be called the 'Real Estate Regulatory Fund' and there shall be credited thereto,—
(a) all Government grants received by the Authority ;
(b) the fees received under this Act ;
(c) the interest accrued on the amounts referred to in clauses (a)
to (b).
(2) The Fund shall be applied for meeting—
(a) the salaries and allowances payable to the Chairperson and other Members, the adjudicating officer and the administrative expenses including the salaries and allowances payable to be
officers and other employees of the Authority and the Appellate Tribunal ;
(b) the other expenses of the Authority in connection with the discharge of its functions and for the purposes of this Act.
(3) The Fund shall be administered by a committee of such Members
of the Authority as may be determined by the Chairperson.
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(4) The committee appointed under sub-section (3) shall spend monies out of the Fund for carrying out the objects for which the Fund has been constituted.
76. Crediting sums realized by way of penalties to Consolidated Fund of State.—(1) All sums realized, by way of penalties, imposed by the Appellate Tribunal or the Authority, shall be credited to the Consolidated Fund of the State.
(2) All sums realized, by way of penalties, imposed by the Appellate Tribunal or the Authority, in the State, shall be credited to such account as the Government may specify.
77. Budget, accounts and audit.— (1) The Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General of the State.
(2) The accounts of the Authority shall be audited by the Accountant General of the State at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Accountant General of the State.
(3) The Accountant General of the State and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Accountant General of the State generally has in connection with the audit of Government accounts and, in particular shall have the right to demand and production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Authority.
(4) The accounts of the Authority, as certified by the Accountant General of the State or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Government by the Authority and the Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of the State Legislature.
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78. Annual report.— (1) The Authority shall prepare once in every year, in such form and at such time as may be prescribed by the Government,—
(a) a description of all the activities of the Authority for the
previous year ;
(b) the annual accounts for the previous year ; and
(c) the programmes of work for the coming year.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before both Houses of State Legislature.
CHAPTER X
Miscellaneous
79. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
80. Cognizance of offences.— (1) No court shall take cognizance of any offence punishable under this Act or the offences, rules or regulations made thereunder save on a complaint in writing made by the Authority or by any officer of the Authority duly authorized by it for this purpose.
(2) No court inferior to that of a District Judge shall try any offence
punishable under this Act.
81. Delegation.—The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act except the power to make regulations under section 85, as it may deem necessary.
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82. Power of Government to supersede Authority .— (1) If, at any
time, the Government is of the opinion,—
(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act ; or
(b) that the Authority has persistently defaulted in complying with any direction given by the Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered ; or
(c) that circumstances exist which render it necessary in the public interest so to do, the Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as it may deem it and direct such persons to exercise powers and discharge functions under this Act :
Provided that before issuing any such notification, the Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1)
superseding the Authority,—
(a) the Chairperson and other Members shall, as from the date of
supersession, vacate their offices as such ;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1) ; and No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 63 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(c) all properties owned or controlled by the Authority shall, until
the Authority is reconstituted under sub-section (3), vest in
the Government.
(3) On or before the expiration of the period of supersession specified
in the notification issued under sub-section (1), the Government shall
reconstitute the Authority by a fresh appointment of its Chairperson and
other members and in such case any person who had vacated his office
under clause (a) of sub-section (2) shall not be deemed to be disqualified
for re-appointment.
(4) The Government shall cause a copy of the notification issued
under sub-section (1) and a full report of any action taken under this section
and the circumstances leading to such action to be laid before each House
of State Legislature.
83. Powers of Government to issue directions to Authority and
obtain reports and returns.—(1) Without prejudice to the foregoing
provisions of this Act, the Authority shall, in exercise of its powers and in
performance of its functions under this Act, be bound by such directions
on questions of policy, as the Government may give in writing to it from
time to time :
Provided that the Authority shall, as far as practicable, be given an
opportunity to express its views before any direction is given under this
sub-section.
(2) If any dispute arises between the Government and the Authority
as to whether a question is or is not a question of policy, the decision of the
Government thereon shall be final.
(3) The Authority shall furnish to the Government such returns or
other information with respect to its activities as the Government may,
from time to time, require.
84. Power of Government to make rules.— (1) The Government
shall, have the powers to make rules for carrying out the provisions of
this Act.
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(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) information and documents for application to Authority for
registration under clause (m) of sub-section (2) of section 4 ;
(b) the form and manner of making application and fee and
documents to be accompanied with such application as under
sub-section (2) of section 9 ;
(c) the period, manner and conditions under which the registration
is to be granted under sub-section (3) of section 9 ;
(d) the validity of the period of registration and the manner and
fee for renewal under sub-section (6) of section 9 ;
(e) the maintenance and preservation of books of account, records
and documents under clause (b) of section 10 ;
(f) the discharge of other functions by the real estate agent under
clause (e) of section 10 ;
(g) the rate of interest payable under section 12 ;
(h) the form and particulars of agreement for sale under sub-section
(2) of section 13 ;
(i) the rate of interest payable under clause (b) of sub-section (1 )
of section 18 ;
(j) the rate of interest payable under sub-section (4) of
section 19 ;
(k) the rate of interest payable under sub-section (7) of
section 19 ;
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(l) the manner of selection of Chairperson and Members of
Authority under section 22 ;
(m) the salary and allowances payable to, and other terms and
conditions of service of, the Chairperson and other Members
of the Authority under sub-section (1) of section 24 ;
(n) the administrative powers of the Chairpersons under
section 25 ;
(o) the salaries and allowances payable to, and the other terms
and conditions of service of, the officers and other employees
of the Authority under sub-section (2) of section 28 ;
(p) the details to be published on the website as under clause (b)
and under clause (d) of section 34 ;
(q) the additional functions which may be performed by the
Authority under clause (h) of section 34 ;
(r) the manner of recovery of interest, penalty and compensation
under sub-section (1) of section 40 ;
(s) the manner of implementation of the order, direction or
decisions of the adjudicating officer, the Authority or the
Appellate Tribunal under sub-section (2) of section 40 ;
(t) recommendations received from the State Advisory Council
under sub-section (2) of section 42 ;
(u) the form and manner and fee for filing of appeal under
sub-section (2) of section 44 ;
(v) the manner of selection of Members of the Tribunal under
sub-section (3) of section 46 ;
66 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(w) the salary and allowances payable to, and other terms and
conditions of service of, the Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 48 ;
(x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 49 ;
(y) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51 ;
(z) any other powers of the Tribunal under clause (g) of sub-section
(4) of section 53 ;
(za) the powers of the Chairperson of the Appellate Tribunal under
section 54 ;
(zb) the terms and conditions and the payment of such sum for
compounding of the offences under section 70 ;
(zc) the manner of inquiry under sub-section (1) of section 71 ;
(zd) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77 ;
(ze) the form in which and time at which the Authority shall prepare
an annual report under sub-section (1) of section 78 ;
(zf) any other matter which is to be, or may be, prescribed, or in
respect of which provision is to be made, by rules.
85. Power to make regulations.— (1) The Authority shall, within a period of three months of its establishment, by notification, make regulations, consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 67 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) In particular, and without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters, namely :—
(a) the form and manner of making application and fee payable
herewith under sub-section (1) of section 4 ;
(b) the form of application and the fees for extension of registration
under section 6 ;
(c) such other information and documents required under clause
(f) of sub-section (1) of section 11 ;
(d) display of sanctioned plans, layout plans along with specifications, approved by the competent authority, for display under clause (a) of sub-section (3) of section 11 ;
(e) preparation and maintenance of other details under sub-section
(6) of section 11 ;
(f) time, places and the procedure in regard to transaction of business at the meetings of the Authority under sub-section (1) of section 29 ;
(g) the form, manner and fees for filing a complaint under
sub-section (2) of section 31 ;
(h) standard fees to be levied on the promoter, the allottees or the
real estate agent under clause (e) of section 34 ;
(i) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations.
86. Laying of rules.—(1) Every rule made by the Government, every regulation made by the Authority, without State Legislature and every notification issued by the Government under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, while it is in session, for a total period of thirty days which may be comprised in 68 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-13 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule of regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be.
(2) Every rule made by the Government, every regulation made by the Authority under the Government, and every notification issued by the Government under this Act, shall be laid as soon as may be, after it is made, before the State Legislature.
87. Members, etc., to be public servants.— The Chairperson, Members and other officers and employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Ranbir Penal Code, Samvat 1989.
88. Application of other laws not barred.— The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
89. Laws relating to transfer of immovable property to have overriding effect.—Notwithstanding anything contained in this Act, no immovable property shall be transferred to a person who is not a permanent resident of the State and laws relating to transfer of immovable property shall have overriding effect over the provisions of this Act.
90. Protection of action taken in good faith.— No suit, prosecution or other legal proceedings shall lie against the Government or the Authority or any officer of the Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
91. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published No. 37-13] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 69 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
in the Government Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty :
Provided that no order shall be made under this section after the
expiry of two years from the date of the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may
be after it is made, before both House of State Legislature.
SATYA PAL MALIK,
Governor.
________
(Sd.) ASHISH GUPTA.
Deputy Legal Remembrancer, Department of Law, Justice and Parliamentary Affairs.
YRANIDROARTXE
33—KJ .ON .DGER
EHT
UMMAJ DNA
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—————
RIMHSAK DNA UMMAJ FO TNEMNREVOG DNA ECITSUJ ,WAL FO TNEMTRAPED––TAIRATERCES LIVIC SRIAFFA YRATNEMAILRAP )noitceS noitalsigeL(
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noitamrofni lareneg rof dehsilbup ybereh si dna 8102 ,rebmeceD ht51
no ronrevoG eht yb ot detnessa neeb sah tcA gniwollof ehT –:
NOITAIRPORPPA RIMHSAK DNA UMMAJ EHT
.8102 ,TCA )2 .ON(
)8102 fo VL .oN tcA s'ronrevoG(
[ 8102 ,rebmeceD ht51 ]
niatrec fo noitairporppa dna tnemyap ezirohtua ot rehtruf tcA nA rimhsaK dna ummaJ eht fo dnuF detadilosnoC eht fo tuo dna morf smus .0202-9102 raeY laicnaniF eht fo secivreS eht rof etatS .0491 ,.argA ht2/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
2 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
ni etatS rimhsaK dna ummaJ fo ronrevoG eht yb detcane ti eB
.aidnI fo cilbupeR eht fo raey htniN-ytxiS eht
noitamalcorP rednu detsev srewop eht fo esicrexe nI tcane ot desaelp si ronrevoG eht ,8102 ,enuJ ht02 detad 81/1-P .oN swollof sa —:
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detadilosnoC eht fo tuo hkaL 10.07397201 -9102 raeY laicnaniF eht fo etatS rimhsaK dna ummaJ eht fo dnuF —.0202 dna ummaJ eht fo dnuF detadilosnoC eht fo tuo dna morF esoht gnideecxe ton smus nwardhtiw eb yam ereht ,etatS rimhsaK etagergga eht ni gnitnuoma otereh eludehcS eht fo 5 nmuloC ni deificeps fo mus eht ot ` )s(HKAL OWT )s(ERORC ENO hkaL 10.07397201 YTNEVES DERDNUH EERHT DNASUOHT ENIN-YTNEVES eht gniyarfed sdrawot )YLNO DNASUOHT ENO DNA SHKAL eht gnirud tnemyap fo esruoc ni emoc lliw hcihw segrahc lareves ni deificeps secivres eht fo tcepser ni 0202-9102 raeY laicnaniF .eludehcS dias eht fo 2 nmuloC
.3 —.noitairporppA
morf nwardhtiw eb ot dezirohtua smus ehT etatS rimhsaK dna ummaJ eht fo dnuF detadilosnoC eht fo tuo dna desserpxe sesoprup dna secivres eht rof detairporppa eb llahs ,tcA eht yb .raey dias eht ot noitaler ni eludehcS eht ni
.4
eht morf decrofne eb llahs serusaem mrofer gniwollof ehT
—: 0202-9102 ,raeY laicnaniF gniusne
)i(
latipaC dna euneveR htob esaeler llahs tnemtrapeD ecnaniF eno nihtiw stnemtraped evitartsinimda eht lla ot tegdub .tcA noitairporppA eht fo egassap eht fo htnom
)ii(
ot erusne ,nrut ni ,llahs stnemtraped evitartsinimdA ehT seciffo etanidrobus eht ot deviecer os sdnuf eht esaeler sdnuf eseht hcihw gniliaf ,tpiecer rieht fo skeew ruof nihtiw dednetni eht ot derrefsnart neeb evah ot demeed eb llahs yb desaeler neeb evah ot thguo yeht setad eht no sODD .sreciffO gnillortnoC/stnemtraped evitartsinimda eht .0491 ,.argA ht2/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 3 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
)iii(
latipac lla taht erusne llahs tnemtrapeD ecnaniF ehT reporp raeb lacsif txen eht ni edam eb ot snoitacolla /kroW eht fo emaN" eht niereht gnitacidni ,snoitacifissalc ni tuo dial sa 'skroW-511'-daeh deliateD tsniaga "emehcS evoba eht fo ecnesba eht nI .snoitacolla dezirohtua eht eb llahs esaeler xepaC tnaveler eht ,noitacifissalc citamehcs .desilanoitarepo gnieb ot nepo ton dna dilavni sa demeed
)vi(
OAP/yrusaerT yna yb edam stnemyap on eb llahs erehT ,daeh erutidnepxe yna rednu ,9102 ,lirpA fo tsrif eht morf rehtruf dna edam neeb ton evah emas eht rof sesaeler eht fi aiv sreciffO gnissap llib dna gnidneps eht yb deviecer elbail yllanosrep eb llahs sOAP/sreciffO yrusaerT .SMAEB deviecer dna desaeler sdnuf eht no stnemyap gnikam rof .snoitacilppa SMAEB eht gnissapyb
)v(
-tnemtraped daolpu ylirotadnam llahs tnemtrapeD ecnaniF ehT trap gnimrof ,"stcejorP/skroW/semehcS eht fo emaN" esiw tamrof eht rep sa ,ro ,0202-9102 lacsif eht rof ,xepaC eht fo evitcepser eht htiw gnola emit ot emit morf deifiton .etisbew sti no snoitacolla
)iv(
evah sa ,noitucexe rof dezirohtua eb llahs skrow hcus ylnO dna noitcnas lacinhcet ,lavorppa evitartsinimda roirp .pu kcab laicnanif etairporppa
)iiv(
enod eb llahs stnemtraped lla ssorca gnirotinom erutidnepxE .SMAEB hguorht sisab emit laer a no
)iiiv(
lacsif txen eht ni stnemtraped eht fo snalp tnemerucorp ehT morF .syad 06 fo pac tsomretuo na yb detimil eb llahs dna sdoog cilbup fo ytitnauq dna erutan eht gniviecnoc ot sIOE/sQFR/srednet gniraperp ot derucorp eb ot secivres llahs stnemtraped eht ,tcartnoc eht gnidrawa yllanif ynA .syad 06 nihtiw ssecorp elohw eht hsinif yliroslupmoc sredro eht rednu ylno dewolla eb llahs enilemit ni revo llips rehto lla nI .snosaer tnegoc emos no desab tenibaC eht fo detisiv yllacitamotua eb llahs smron eht morf noitaived ,sesac .snoitca yranilpicsid etairporppa eht htiw .0491 ,.argA ht2/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
4 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
)xi(
eht fo smeti devorppa eht no ylno tneps eb llahs sdnuF neeb evah yeht esoprup eht rof yltcirts dna erutidnepxe tpecxe sdnuf fo noitairporppa-er on eb llahs erehT .desaeler fo tnecrep 55 tsael ta tneps evah stnemtraped eht erehw erehw ,revewoH .8102 ,rebmeceD gnidne deviecer sdnuf rep 55 woleb era slevel gnidneps rieht gniniamer eht ,tnec .tnemnrevoG eht ot espal llahs sdnuf
)x(
ton ot detcirtser eb llahs retrauq tsal eht gnirud erutidnepxE yrusaerT .setamitsE desiveR eht fo tnec rep 03 naht erom erusne ot ytilibisnopser dedda na evah llahs sOAP/sreciffO erutidnepxe evoba eht ot dleh era stnemtraped eht taht .gniliec
)ix(
eb ot erutidnepxe eht dna sSSC eht fo erahS etatS ehT rednu .cte noitasnepmoc dnal ,gnitfihs ytilitu no derrucni gnispal sdnuF eht no egrahc tsrif eht eb llahs stcejorp PDMP .retrauq tsal eht gnirud tnemnrevoG eht ot
)iix(
desab deen ,srekrow lausac fo tnemegagne no nab ehT ecnaniF ehT .ecrof eht ni eb ot eunitnoc llahs .cte srekrow xepaC/tnempoleved lla noitidnoc ,ylbairavni llahs tnemtrapeD gnifashcuov lanoitidnocnu eht ot stnemtraped eht ot sesaeler hserf gnikam morf niarfer llahs yeht taht rettal eht yb .stnemegagne
_______
.0491 ,.argA ht2/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 5 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
ELUDEHCS EHT
( 3&2 snoitces eeS )
gnideecxe ton muS
fo emaN dna ecivreS dnameD esoprup
ni( ` )hkal ————————————————
detoV no degrahC latoT eht detadilosnoC dnuF
———————————————————————————— 1 2 3 4 5 ——————————————————————————— 0 .1 noitartsinimdA lareneG
tnemtrapeD
EUNEVER-I TNUOCCA
/tnediserp-eciV,tnediserP-2102
rotartsinimdA/ronrevoG seirotirreT noinU fo
00.0 05.4021 05.4021
snoitcelE-5102
21.33 00.0 21.33
noissimmoC ecivreS cilbuP-1502
00.0 09.5401 09.5401
lareneG-tairaterceS-2502
secivreS
20.87441 00.0 20.87441
eciloP-5502
00.0082 00.0 00.0082
\
ecnaligiV-2602
98.1624 00.0 98.1624
evitartsinimdA rehtO-0702
secivreS
03.7282 00.0 03.7282
laicoS-tairaterceS-1522
secivreS
12.4774 00.0 12.4774 .0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
6 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
tnemnorivnE dnA ygolocE-5343
84.702 00.0 84.702
cimonocE tairaterceS-1543
secivreS
46.9388 00.0 46.9388
msiruoT-2543
64.9041 00.0 64.9041 —————————————— tnuoccA euneveR–I latoT 21.13693 04.0522 25.18814 ——————————————
TIPAC–II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 00.51 00.0 00.51
rehtO nO yaltuO latipaC-0704
secivreS evitartsinimdA 00.562 00.0 00.562
nO yaltuO latipaC-5704
lareneG suoenallecsiM secivreS
00.088 00.0 00.088
nO yaltuO latipaC-2545
T tnuoccA latipaC .II lato
msiruoT 00.0053 00.0 00.0053 —————————————— 00.0664 00.0 00.0664 —————————————— 10 .oN dnameD latoT 21.19244 04.0522 25.14564 ——————————————
.20 tnemtrapeD emoH
EUNEVER-I TNUOCCA
eciloP-5502
57.001416 00.0 57.001416
sliaJ-6502
41.7249 00.0 41.7249 .0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 7 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
evitartsinimdA rehtO-0702
secivreS
36.81423 00.0 36.81423
erafleW & ytiruceS laicoS-5322
06.9912 00.0 06.9912 —————————————— tnuoccA euneveR .I latoT 6 21.64185 00.0 21.641856 ——————————————
TIPAC–II LA TNUOCCA
eciloP nO yaltuO latipaC-5504
00.00567 00.0 00.00567
cilbuP nO yaltuO latipaC-9504
skroW 00.47744 00.0 00.47744
rehtO nO yaltuO latipaC-0704
secivreS evitartsinimdA 00.573 00.0 00.573 —————————————— tnuoccA latipaC .II latoT 00.946121 00.0 00.94612 —————————————— 20 .oN dnameD latoT 21.597977 00.0 21.597977 ——————————————
.30 tnemtrapeD gninnalP
EUNEVER-I TNUOCCA dnA syevruS susneC-4543
scitsitatS
61.1639 00.0 61.1639 —————————————— tnuoccA euneveR .I latoT 61.1639 00.0 61.1639 ——————————————
TIPAC-II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 89.1331 00.0 89.1331
laicoS nO yaltuO latipaC-5324
erafleW dnA ytiruceS 00.84381 00.0 00.84381
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
8 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
rehtO nO yaltuO latipaC-5745 cimonocE lareneG secivreS
66.573962 00.0 66.573962 —————————————— tnuoccA latipaC .II latoT 46.550982 00.0 46.550982 —————————————— 30 .oN dnameD latoT 08.614892 00.0 08.614892 ——————————————
.40 tnemtrapeD noitamrofnI
EUNEVER-I TNUOCCA
yticilbuP dnA noitamrofnI-0222 54.1597 00.0 54.1597
——————————————
tnuoccA euneveR .I latoT 54.1597 00.0 54.1597
——————————————
TIPAC-II LA TNUOCCA
noitamrofnI nO yaltuO latipaC-0224
yticilbuP dnA 92.511 00.0 92.511 —————————————— tnuoccA latipaC .II latoT 92.511 00.0 92.511 —————————————— 40 .oN dnameD latoT 47.6608 00.0 47.6608 ——————————————
.50
tnemtrapeD sriaffA hkadaL
EUNEVER .I TNUOCCA
saerA laicepS rehtO-5752
semmargorP
10.70308 00.0 10.70308 —————————————— tnuoccA euneveR .I latoT 10.70308 00.0 10.70308 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 9 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
nO yaltuO latipaC-5754 saerA laicepS rehtO semmargorP
43.70253 00.0 43.70253 —————————————— tnuoccA latipaC .II latoT 43.70253 00.0 43.70253 —————————————— 50 .oN dnameD latoT 53.415511 00.0 53.415511 ——————————————
.60 tnempoleveD rewoP
tnemtrapeD
EUNEVER-.I TNUOCCA
rewoP-1082
08.645878 00.0 08.645878 —————————————— tnuoccA euneveR .I latoT 08.645878 00.0 08.645878 ——————————————
TIPAC .II LA TNUOCCA
nO yaltuO latipaC-1084
stcejorP rewoP
34.080983 00.0 34.080983 —————————————— tnuoccA latipaC .II latoT 34.080983 00.0 34.080983 —————————————— 60 .oN dnameD latoT 32.7267621 00.0 32.7267621 ——————————————
.70
tnemtrapeD noitacudE
EUNEVER .I TNUOCCA
noitacudE lareneG-2022
51.865669 00.0 51.865669
secivreS htuoY dnA stropS-4022
00.8021 00.0 00.8021 —————————————— tnuoccA euneveR .I latoT 51.677769 00.0 51.677769 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
01 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
tnuoccA latipaC .II
nO yaltuO latipaC-2024
dnA trA ,stropS ,noitacudE erutluC 21.108211 00.0 21.108211 —————————————— tnuoccA latipaC .II latoT 21.108211 00.0 21.108211 —————————————— 70 .oN dnameD latoT 72.7750801 00.0 72.7750801 ——————————————
.80 tnemtrapeD ecnaniF
EUNEVER .I TNUOCCA
noitartsigeR dnA spmatS-0302
57.0691 00.0 57.0691
esicxE etatS-9302
52.2714 00.0 52.2714
.ctE edarT ,selaS nO sexaT-0402
02.9191 00.0 02.9191
rednu segrahC noitcelloC-3402 secivreS dna sdooG etatS xaT 23.23091 00.0 23.23091
nO seituD dnA sexaT rehtO-5402
secivreS dnA seitidommoC 00.06 00.0 00.06
secivreS lacsiF rehtO-7402
05.3371 00.0 05.3371
noitcudeR roF noitairporppA-8402 tbeD fO ecnadiovA ro
67.6293 00.0 67.6293
stnemyaP tseretnI-9402
00.0 1496 00.21 00.211496
stnuoccA dnA yrusaerT-4502
noitartsinimdA 59.75047 00.0 59.75047 .0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 11 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
rehtO dnA snoisneP-1702
stifeneB tnemeriteR 85.589736 00.0 85.589736
lareneG suoenallecsiM-5702
secivreS 05.611 00.0 05.611
erafleW & ytiruceS laicoS-5322
00.0052 00.0 00.0052 —————————————— tnuoccA euneveR .I latoT 18.464747 00.211496 18.6751441 ——————————————
TIPAC .II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 33.8592 00.0 33.8592
lareneG nI stnemtsevnI-5645
gnidarT dnA laicnaniF snoitutitsnI
00.006502 00.0 00.006502
rehtO nO yaltuO latipaC-5745 cimonocE lareneG secivreS 00.00015 00.0 00.00015
ehT fO tbeD lanretnI-3006
tnemnrevoG etatS 00.0 00.3083271 00.3083271
secnavdA dnA snaoL-4006
lartneC ehT morF tnemnrevoG 00.0 1 00.5671 00.56711
ytiruceS laicoS roF snaoL-5326
erafleW dnA 00.005 00.0 00.005
seirtsudnI oT snaoL rehtO-5886
00.0941 00.0 00.0941
slareniM dnA
—————————————— tnuoccA latipaC .II latoT 33.845162 00.8655371 33.6117991 —————————————— 80 .oN dnameD latoT 41.3109001 00.0869242 41.3968343 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
21 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
.90 sriaffA yratnemailraP
tnemtrapeD
EUNEVER .I TNUOCCA
serutalsigeL etatS-1102 20.6475 02.641 22.2985
——————————————
tnuoccA euneveR .I latoT 20.6475 02.641 22.2985
——————————————
TIPAC .II LA TNUOCCA
tnemnrevoG oT snaoL-0167
.ctE stnavreS 00.051 00.0 00.051 —————————————— tnuoccA latipaC .II latoT 00.051 00.0 00.051 —————————————— 90 .oN dnameD latoT 20.6985 02.641 22.2406 ——————————————
.01
tnemtrapeD waL
EUNEVER .I TNUOCCA
ecitsuJ fO noitartsinimdA-4102
06.34042 00.2964 06.53782
snoitcelE-5102
72.25491 00.0 72.25491
noitartsigeR spmatS-0302
03.411 00.0 03.411
selciheV nO sexaT-1402
06.87 00.0 06.87
secivreS evitartsinimdA rehtO-0702
14.895 00.0 14.895
tnemyolpmE & ruobaL-0322
78.49 00.0 78.49 —————————————— tnuoccA euneveR .I latoT 50.28344 00.2964 50.47094 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 31 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
yaltuO latipaC-9504
56.3188 00.0 56.3188
skroW cilbuP
——————————————
tnuoccA latipaC .II latoT 56.3188 00.0 56.3188
——————————————
01 .oN dnameD latoT 07.59135 00.2964 07.78875
——————————————
.11 ecremmoC dna yrtsudnI
tnemtrapeD
EUNEVER .I TNUOCCA
llamS dnA egalliV-1582
seirtsudnI
03.16403 00.0 03.16403
dnA gniniM suorreF-noN-3582
seirtsudnI lacigrullateM 69.4136 00.0 69.4136
——————————————
tnuoccA euneveR .I latoT 62.67763 00.0 62.67763
——————————————
TIPAC .II LA TNUOCCA
egalliV nO yaltuO latipaC-1584
seirtsudnI llamS dnA 82.21222 00.0 82.21222
norI nO yaltuO latipaC-2584
seirtsudnI leetS dnA 00.707 00.0 00.707
-noN nO yaltuO latipaC-3584
dna gniniM suorref
lacigrullateM seirtsudnI 00.642 00.0 00.642 .0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
41 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
seirtsudnI oT snaoL rehtO-5886
slareniM dna
00.0053 00.0 00.0053 —————————————— tnuoccA latipaC .II latoT 82.56662 00.0 82.56662 —————————————— 11 .oN dnameD latoT 45.14436 00.0 45.14436 ——————————————
.21 tnemtrapeD erutlucirgA
EUNEVER .I TNUOCCA
euneveR dnaL-9202 95.443 00.0 95.443
secivreS laicoS rehtO-0522 54.902 00.0 54.902
yrdnabsuH porC-1042 55.77755 00.0 55.77755
retaW dnA lioS-2042
noitavresnoC 52.5723 00.0 52.5723
yrdnabsuH laminA-3042 76.956 00.0 76.956
efiL dliW dnA yrtseroF-6042 28.9609 00.0 28.9609
hcraeseR larutlucirgA-5142
noitacudE dnA 98.79256 00.0 98.79256
larutlucirgA rehtO-5342
emmargorP 97.6321 00.0 97.6321
aerA dnammoC-5072
tnempoleveD 63.8134 00.0 63.8134
seirtsudnI llamS dnA egalliV-1582 64.45921 00.0 64.45921
——————————————
tnuoccA euneveR .I latoT 38.341351 00.0 38.341351
——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 51 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
porC nO yaltuO latipaC-1044
yrdnabsuH 05.34997 00.0 05.34997
yrtseroF nO yaltuO latipaC-6044
efiL dliW dnA 05.4472 00.0 05.4472
nO yaltuO latipaC-5144
dnA hcraeseR larutlucirgA noitacudE 67.7942 00.0 67.7942
dnammoC nO yaltuO latipaC-5074
tnempoleveD aerA 00.004 00.0 00.004
egalliV nO yaltuO latipaC-1584
seirtsudnI llamS dnA 92.7012 00.0 92.7012 —————————————— tnuoccA latipaC .II latoT 50.39678 00.0 50.39678 —————————————— 21 .oN dnameD latoT 88.638042 00.0 88.638042 ——————————————
.31
tnemtrapeD yrdnabsuH laminA
EUNEVER .I TNUOCCA
yrdnabsuH laminA-3042 63.95326 00.0 63.95326
——————————————
tnuoccA euneveR .I latoT 63.95326 00.0 63.95326
——————————————
TIPAC .II LA TNUOCCA
laminA nO yaltuO latipaC-3044
yrdnabsuH 55.23311 00.0 5.23311 5 .0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
61 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
atipaC-4044 yriaD nO yaltuO l
tnempoleveD 00.03 00.0 00.03 —————————————— tnuoccA latipaC .II latoT 55.26311 00.0 55.26311 —————————————— 31 .oN dnameD latoT 19.12737 00.0 19.12737 ——————————————
.41 tnemtrapeD euneveR
EUNEVER .I TNUOCCA
noitartsinimdA tcirtsiD-3502 53.08436 00.0 53.08436
secivreS evitartsinimdA rehtO-0702 60.211 00.0 60.211
erafleW & ytiruceS laicoS-5322 00.07 00.0 00.07
secivreS laicoS rehtO-0522 03.341 00.0 03.341
——————————————
tnuoccA euneveR .I latoT 17.50836 00.0 17.50836
——————————————
TIPAC .II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 05.2621 00.0 05.2621
——————————————
tnuoccA latipaC .II latoT 05.2621 00.0 05.2621
——————————————
41 .oN dnameD latoT 12.86056 00.0 12.86056
——————————————
.51 dna seilppuS liviC dooF
.ttpeD sriaffA remusnoC
EUNEVER .I TNUOCCA
dnA egarotS ,dooF-8042
gnisuoheraW 21.77091 00.0 21.77091
cimonocE lareneG rehtO-5743
secivreS 6.4511 1 00.0 16.4511 —————————————— tnuoccA euneveR .I latoT 37.13202 00.0 37.13202 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 71 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
dooF nO yaltuO latipaC-8044
gnisuoheraW dnA egarotS 00.70803 00.0 00.70803
rehtO nO yaltuO latipaC-5745
secivreS cimonocE lareneG 00.56 00.0 00.56 —————————————— tnuoccA latipaC .II latoT 00.27803 00.0 00.27803 —————————————— 51 .oN dnameD latoT 37.30115 00.0 37.30115 ——————————————
.61
tnemtrapeD skroW cilbuP
EUNEVER .I TNUOCCA
skroW cilbuP-9502 58.49237 00.0 58.49237
gnisuoH-6122 00.0001 00.0 00.0001
segdirB dnA sdaoR-4503 48.10911 00.0 48.10911
———————— ——————
tnuoccA euneveR .I latoT 96.69168 00.0 96.69168
——————————————
TIPAC .II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 26.852421 00.0 26.852421
sdaoR nO yaltuO latipaC-4505
segdirB dnA 03.471111 00.0 03.471111 —————————————— tnuoccA latipaC .II latoT 29.234532 00.0 29.234532 —————————————— 61 .oN dnameD latoT 16.926123 00.0 16.926123 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
81 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
.71 lacideM & htlaeH
tnemtrapeD noitacudE
EUNEVER .I TNUOCCA
cilbuP dnA lacideM-0122
htlaeH 36.949063 00.0 36.949063
erafleW ylimaF-1122
68.93301 00.0 68.93301 —————————————— tnuoccA euneveR .I latoT 94.982173 00.0 94.982173 ——————————————
TIPAC .II LA TNUOCCA
lacideM nO yaltuO latipaC-0124
htlaeH cilbuP dnA 97.52537 00.0 97.52537 —————————————— tnuoccA latipaC .II latoT 97.52537 00.0 97.52537 —————————————— 71 .oN dnameD latoT 82.518444 00.0 82.518444 ——————————————
.81 erafleW laicoS
tnemtrapeD
EUNEVER .I TNUOCCA
eciloP-5502 67.492 00.0 67.492
secivreS evitartsinimdA rehtO-0702 27.283 00.0 27.283
rehtO dnA snoisneP-1702
stifeneB tnemeriteR 24.41 00.0 24.41
,setsaC deludehcS fO erafleW-5222
rehtO dnA sebirT deludehcS
sessalC drawkcaB 32.3615 00.0 32.3615
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 91 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
———————————————————————————— 78.92887 00.0 78.92887
erafleW & ytiruceS laicoS-5322
noitirtuN-6322
04.75388 00.0 04.75388 —————————————— tnuoccA euneveR .I latoT 04.240371 00.0 04.240371 ——————————————
TIPAC .II LA TNUOCCA
fO erafleW nO yaltuO latipaC-5224
deludehcS ,setsaC deludehcS drawkcaB rehtO dnA sebirT sessalC 00.54 00.0 00.54
laicoS nO yaltuO latipaC-5324
erafleW dnA ytiruceS 96.0791 00.0 96.0791
nO yaltuO latipaC-6324
noitirtuN 00.78972 00.0 00.78972 —————————————— tnuoccA latipaC .II latoT 96.20003 00.0 96.20003 —————————————— 81 .oN dnameD latoT 90.540302 00.0 90.540302 ——————————————
.91 nabrU dnA gnisuoH
tnemtrapeD tnempoleveD
tnuoccA euneveR .I
tnempoleveD nabrU-7122 63.84237 00.0 63.84237
——————————————
tnuoccA euneveR .I latoT 63.84237 00.0 63.84237
——————————————
TIPAC .II LA TNUOCCA
gnisuoH nO yaltuO latipaC-6124
00.6215 00.0 00.6215 .0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
02 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
nabrU nO yaltuO latipaC-7124
tnempoleveD 97.123461 00.0 97.123461 —————————————— tnuoccA latipaC .II latoT 97.744961 00.0 97.744961 —————————————— 91 .oN dnameD latoT 51.696242 00.0 51.696242 ——————————————
.02 tnemtrapeD msiruoT
EUNEVER .I TNUOCCA msiruoT-2543
67.64731 00.0 67.64731 —————————————— tnuoccA euneveR .I latoT 67.64731 00.0 67.64731 ——————————————
TIPAC .II LA TNUOCCA
msiruoT nO yaltuO latipaC-2545 98.81034 00.0 98.81034
——————————————
tnuoccA latipaC .II latoT 98.81034 00.0 98.81034
——————————————
02 .oN dnameD latoT 56.56765 00.0 56.56765
——————————————
.12 tnemtrapeD tseroF
EUNEVER .I TNUOCCA
retaW dnA lioS-2042
noitavresnoC 81.6655 00.0 81.6655
efildliW dnA yrtseroF-6042 64.30307 00.0 64.30307
tnemnorivnE dnA ygolocE-5343 26.9962 00.0 26.9962
——————————————
tnuoccA euneveR .I latoT 62.96587 00.0 62.96587
——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 12 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
dnA lioS nO yaltuO latipaC-2044
noitavresnoC retaW 00.124 00.0 00.124
yrtseroF nO yaltuO latipaC-6044
efildliW dnA 74.40031 00.0 74.40031
rehtO nO yaltuO latipaC-5245
latnemnorivnE dnA cifitneicS hcraeseR 72.162 00.0 72.162 —————————————— tnuoccA latipaC .II latoT 47.68631 00.0 47.68631 —————————————— 12 .oN dnameD latoT 00.65229 00.0 00.65229 ——————————————
.22 tnemtrapeD noitagirrI
EUNEVER .I TNUOCCA
noitagirrI rojaM-0072 04.1001 00.0 04.1001
noitagirrI muideM-1072 24.2088 00.0 24.2088
noitagirrI roniM-2072 61.73894 00.0 61.73894
dnA lortnoC doolF-1172
eganiarD 68.77121 00.0 68.77121
——————————————
tnuoccA euneveR .I latoT 48.81817 00.0 48.81817
——————————————
TIPAC .II LA TNUOCCA
nO yaltuO latipaC-1074
noitagirrI muideM 15.38701 00.0 15.38701
roniM nO yaltuO latipaC-2074
noitagirrI 57.43742 00.0 57.43742
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
22 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
doolF nO yaltuO latipaC-1174
stcejorP lortnoC 25.714811 00.0 25.714811 —————————————— tnuoccA latipaC .II latoT 87.539351 00.0 87.539351 —————————————— 22 .oN dnameD latoT 26.457522 00.0 26.457522 ——————————————
.32
gnireenignE htlaeH cilbuP
tnemtrapeD
EUNEVER .I TNUOCCA
eciloP-5502
06.809 00.0 06.809
dnA ylppuS retaW-5122
noitatinaS 29.642051 00.0 29.642051 —————————————— tnuoccA euneveR .I latoT 25.551151 00.0 25.551151 ——————————————
TIPAC .II LA TNUOCCA
retaW nO yaltuO latipaC-5124
noitatinaS dnA ylppuS 81.04856 00.0 81.04856 —————————————— tnuoccA latipaC .II latoT 81.04856 00.0 81.04856 —————————————— 32 .oN dnameD latoT 07.599612 00.0 07.599612 ——————————————
.42
locotorP & ytilatipsoH
tnemtrapeD
EUNEVER .I TNUOCCA
eciloP-5502 00.0109 00.0 00.0109
skroW cilbuP-9502 32.185 00.0 32.185
evitartsinimdA rehtO-0702
secivreS 07.3863 00.0 07.3863
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 32 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
gnisuoH-6122
00.9709 00.0 00.9709 —————————————— tnuoccA euneveR .I latoT 39.35322 00.0 39.35322 ——————————————
TIPAC .II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 00.6434 00.0 00.6434 —————————————— tnuoccA latipaC .II latoT 00.6434 00.0 00.6434 —————————————— 42 .oN dnameD latoT 39.99662 00.0 39.99662 ——————————————
.52 gnitnirP dna yrenoitatS
tnemtrapeD
EUNEVER .I TNUOCCA
gnitnirP dnA yrenoitatS-8502 55.6434 00.0 55.6434
tnemyolpmE & ruobaL-0322 78.1884 00.0 78.1884
——————————————
tnuoccA euneveR .I latoT 24.8229 00.0 24.8229
——————————————
TIPAC .II LA TNUOCCA
nO yaltuO latipaC-8504
gnitnirP dnA yrenoitatS 12.963 00.0 12.963
rehtO nO yaltuO latipaC-0524
secivreS laicoS 50.1315 00.0 50.1315 —————————————— tnuoccA latipaC .II latoT 62.0055 00.0 62.0055 —————————————— 52 .oN dnameD latoT 86.82741 00.0 86.82741 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
42 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
———————————————————————————— .62 tnemtrapeD seirehsiF
EUNEVER .I TNUOCCA
seirehsiF-5042 68.1249 00.0 68.1249
——————————————
tnuoccA euneveR .I latoT 68.1249 00.0 68.1249
——————————————
TIPAC .II LA TNUOCCA
seirehsiF nO yaltuO latipaC-5044 52.9351 00.0 52.9351
——————————————
tnuoccA latipaC .II latoT 52.9351 00.0 52.9351
——————————————
62 .oN dnameD latoT 11.16901 00.0 11.16901
——————————————
.72
tnemtrapeD noitacudE rehgiH
EUNEVER .I TNUOCCA
noitacudE lareneG-2022
92.842101 00.0 92.842101
noitacudE lacinhceT-3022
06.7591 00.0 06.7591 —————————————— tnuoccA euneveR .I latoT 98.502301 00.0 98.502301 ——————————————
TIPAC .II LA TNUOCCA
nO yaltuO latipaC-2024
dnA trA ,stropS ,noitacudE erutluC 00.51022 00.0 00.51022 —————————————— tnuoccA latipaC .II latoT 00.51022 00.0 00.51022 —————————————— 72 .oN dnameD latoT 98.022521 00.0 98.022521 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 52 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
———————————————————————————— .82 tnempoleveD laruR
tnemtrapeD
EUNEVER .I TNUOCCA
noitirtuN-6322 53.297 00.0 53.297
roF semmargorP laicepS-1052
tnempoleveD laruR 19.7651 00.0 19.7651
tnempoleveD laruR rehtO-5152
semmargorP 16.91514 00.0 16.91514
——————————————
tnuoccA euneveR .I latoT 78.97834 00.0 78.97834
——————————————
TIPAC .II LA TNUOCCA
rehtO nO yaltuO latipaC-5154 tnempoleveD laruR semmargorP 27.331333 00.0 27.331333 —————————————— tnuoccA latipaC .II latoT 27.331333 00.0 27.331333 —————————————— 82 .oN dnameD latoT 95.310773 00.0 95.310773 ——————————————
.92 tnemtrapeD tropsnarT
EUNEVER .I TNUOCCA
selciheV nO sexaT-1402 65.7881 00.0 65.7881
evitartsinimdA rehtO-0702
secivreS 68.1284 00.0 68.1284
——————————————
tnuoccA euneveR .I latoT 24.9076 00.0 24.9076
——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
62 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
cilbuP nO yaltuO latipaC-9504
skroW 00.006 00.0 00.006
daoR nO yaltuO latipaC-5505
tropsnarT 00.577 00.0 00.577
tropsnarT daoR roF snaoL-5507 00.0003 00.0 00.0003
——————————————
tnuoccA latipaC .II latoT 00.5734 00.0 00.5734
——————————————
92 .oN dnameD latoT 24.48011 00.0 24.48011
——————————————
.03 sriaffA labirT
tnemtrapeD
EUNEVER .I TNUOCCA
deludehcS fO erafleW-5222
sebirT deludehcS ,setsaC drawkcaB rehtO dnA sessalC 19.6795 00.0 19.6795 —————————————— tnuoccA euneveR .I latoT 19.6795 00.0 19.6795 ——————————————
TIPAC .II LA TNUOCCA
erafleW nO yaltuO latipaC-5224 ,setsaC deludehcS fO dnA sebirT deludehcS sessalC drawkcaB rehtO 00.5466 00.0 00.5466 —————————————— tnuoccA latipaC .II latoT 00.5466 00.0 00.5466 —————————————— 03 .oN dnameD latoT 19.12621 00.0 19.12621 ——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
]51-73 .oN 72 ———–––––––––––––––––––––––––––––––––––––––––––––––—–––––––
1 2 3 4 5
————————————————————————————
.13 tnemtrapeD erutluC
EUNEVER .I TNUOCCA
noitacudE lareneG-2022 05.864 00.0 05.864
erutluC dnA trA-5022 29.4375 00.0 29.4375
msiruoT-2543 00.191 00.0 00.191
dnA syevruS susneC-4543
scitsitatS 50.331 00.0 50.331
——————————————
tnuoccA euneveR .I latoT 74.7256 00.0 74.7256
——————————————
TIPAC .II LA TNUOCCA
nO yaltuO latipaC-2024 ,stropS ,noitacudE erutluC dna trA 00.5551 00.0 00.5551 —————————————— tnuoccA latipaC .II latoT 00.5551 00.0 00.5551 —————————————— 13 .oN dnameD latoT 74.2808 00.0 74.2808 ——————————————
.23 tnemtrapeD erutlucitroH
EUNEVER .I TNUOCCA
noitirtuN-6322 53.374 00.0 53.374
yrdnabsuH porC-1042 23.49331 00.0 23.49331
larutlucirgA rehtO-5342
emmargorP 68.7013 00.0 68.7013
——————————————
tnuoccA euneveR .I latoT 35.57961 00.0 35.57961
——————————————
.0491 ,.argA ht42/8102 ,.ceD ht51 ,ettezaG .tvoG K&J ehT
82 51-73 .oN[ —————–––—––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
————————————————————————————
TIPAC .II LA TNUOCCA
porC nO yaltuO latipaC-1044
yrdnabsuH 07.72513 00.0 07.72513
——————————————
tnuoccA latipaC .II latoT 07.72513 00.0 07.72513
——————————————
23 .oN dnameD latoT 32.30584 00.0 32.30584
——————————————
.33 ,tnemeganaM retsasiD
.tsnoceR & .baheR ,feileR
.ttpeD
EUNEVER .I TNUOCCA
eciloP-5502
57.44524 00.0 57.44524
erafleW & ytiruceS laicoS-5322
24.73 00.0 24.73
fO tnuoccA nO feileR-5422
seitimalaC larutaN 53.59013 00.0 53.59013
——————————————
tnuoccA euneveR .I latoT 25.77637 00.0 25.77637
——————————————
TIPAC .II LA TNUOCCA
laicoS nO yaltuO latipaC-5324
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,ATPUG HSIHSA
,recnarbmemeR lageL ytupeD .sriaffA yratnemailraP dna ecitsuJ ,waL fo tnemtrapeD EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Jammu, Sun., the 16th Dec., 2018/25th Agra., 1940. [No. 37-11
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)
Jammu, the 16th December, 2018.
The following Act has been assented to by the Governor on 16th December, 2018 and is hereby published for general information :—
THE JAMMU AND KASHMIR BOVINE BREEDING (REGULATION OF PRODUCTION, SALE OF BOVINE SEMEN AND ARTIFICIAL INSEMINATION SERVICES) ACT, 2018.
(Governor Act No. LI of 2018)
[16th December 2018]
Enacted by the Governor in the Sixty-ninth Year of the Republic of India.
2 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
An Act to regulate bovine breeding activities including use of bovine breeding bulls for production of bovine semen, production, processing, storage, sale and distribution of bovine semen, and artificial insemination services in bovines for improving the productivity of bovines in the State of and for matters connected therewith or incidental thereto.
In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th of June, 2018, the Governor is pleased to enact as follows :—
CHAPTER I
"
Preliminary
1. Short title and commencement.—This Act may be called the Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination Services) Act, 2018.
(2) It shall come into force on such date as may be specified
by the Government, by notification in the Government Gazette.
2. Definitions.—In this Act, unless the context otherwise
requires,—
(a) "Act" means the Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination Services) Act, 2018 ;
(b) "AI Technician" means a person who possesses requisite qualification, skill and experience, as prescribed by the Authority, to perform artificial insemination in bovines ;
(c) "Artificial Insemination" or "AI" means the process of depositing bovine semen in the body of the uterus of a mature bovine female with the intention of making it pregnant ;
(d) "Artificial Insemination Service Provider" means Livestock Development Boards who undertakes artificial insemination service in bovines ;
No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 3 _________________________________________________________________
(e) "Authority" means the Bovine Breeding Authority constituted
under section 3 of the Act ;
(f) "Bovine Breeding" means breeding activities in bovines that include the use of bovine bulls for natural service, production, processing, storage and distribution of bovine semen, providing AI services to bovines and use of Embryo transfer technology for breeding of bovines ;
(g) "Bovine" means and include cow, bull, bullock and
buffalo (male or female) ;
(h) "Bull Keeper" means any Government/private agency or person who has been provided a breeding bull by the Livestock Development Board for Bovine breeding in the area concerned ;
(i) "Livestock Breeding Policy" means a policy duly notified by the Government, for maintaining and developing different livestock breeds especially bovine breeds in different agro- climatic zones of the State and a mechanism for enforcement of these policies in the State ;
(j) "Livestock Development Board" means Livestock Development Board Kashmir and Livestock Development Board Jammu constituted by the Government from time to time :
Provided that any Board already constituted/established by the Government shall be deemed to be a Livestock Development Board constituted under the provisions of the Act ;
(k) "Certified Bull" means a bovine bull meeting the prescribed standard for semen production and is included as certified bull, in the Certificate of Registration of a Semen Station or any Bovine Bull certified to be of prescribed standard for semen production by the Authority, from time to time ;
4 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
(l) "Chairperson" means the Chairperson of the Authority ;
(m) "Embryo" means a structure developed as a result of fusion
of bovine male and female gametes ;
(n) "Expert" means an expert who fulfils the requirements, as
may be specified by the Authority ;
(o) ''Government'' means Government of Jammu and
Kashmir ;
(p) "State Implementing Agency" means Jammu and Kashmir State Implementing Agency constituted/established by the Government under the provisions of the Act :
Provided that any State Implementing Agency already constituted/established by the Government shall be deemed to be State Implementing Agency constituted under the provisions of the Act ;
(q) "Misbranded Semen'' means a semen whose DNA profile does not match with DNA profile of the bull, mentioned in the record of Semen Bank or Semen Straw ;
(r) "pedigree" means genealogical information showing the
ancestral line of the bull/dam ;
(s) "Premises" means any land, premises, yard, building, or vessel or vehicle or any other location that is used for bovine semen production and/or for providing bovine AI service ;
(t) "Prescribed Standards" means the standards prescribed by the Authority, from time to time and to be adhered to by those seeking a certification of registration ;
(u) "Recognized Laboratory" means the Northern Regional Disease Diagnostic Laboratory, Jalandhar or any other National level laboratory, duly authorized by the Authority ;
No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 5 _________________________________________________________________
(v) "Registrar" means the Registrar of the Authority ;
(w) "Registered Veterinary Practitioner" means a graduate in veterinary science registered under the Jammu and Kashmir State Veterinary Council Act, 2003 ;
(x) "Semen" means the semen/sexed semen of cow, bull or
buffalo bull in any form ;
(y) "Semen Bank" means a premises, where a facility is setup for storage and distribution of bovine semen and/or liquid nitrogen ;
(z) "Semen dose" means processed/diluted bovine semen packed in a French mini (0.25 ml capacity) or French medium (0.5 ml capacity) properly sealed, plugged and printed straw ;
(aa) "Semen Station" means a premises, where a facility is setup for production, processing and storage of bovine semen ;
(bb) "services" means any of the bovine breeding services, as
may be specified by the Government ;
(cc) "Quarantine station" means the premises where breeding bulls are kept for a minimum period as per the SOP before introduction in semen station or main premises of breeding bull rearing station ; and
(dd) "Veterinarian" means a registered veterinary practitioner as defined in the Indian Veterinary Council Act, 1984 (Central Act No. 52 of 1984) and the Jammu and Kashmir State Veterinary Council Act, 2003.
CHAPTER II
Appointment and Functions of Authority
3. Bovine Breeding Authority.—(1) The Government may by notification constitute and appoint an Authority to be known as the Bovine Breeding Authority to exercise the powers conferred on and perform the functions assigned to it under the Act.
6 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
(2) The Authority shall consist of the following members :—
(a) Chairman, Jammu and Kashmir State Chairperson
Implementing Agency
(b) Member Secretary Jammu and Kashmir Registrar
State Implementing Agency
(c) Director Animal Husbandry Department
Kashmir/Jammu Member
(d) Joint Commissioner, Animal Husbandry,
Department of Animal Husbandry, Dairying, and Fisheries, Ministry of Agriculture and Farmer's Welfare, Government of India Member
(e) Dean FVSc & AH SKUAST-K Member
(f) Dean FVSc & AH SKUAST-J Member
(g) Chief Executive Officer Livestock
Development Board Kashmir/Jammu Member
(h) Eminent Animal Breeding Scientist to be
nominated by the Government Member
(i) Eminent veterinarian to be nominated
by the Government. Member
(3) The affairs of the Authority shall be managed and
administered by the Registrar.
(4) The Authority shall draw-up a consultative panel of experts consisting of not more than nine members. Out of the panel of experts, the Authority shall form Committee(s) of not more than three members
which shall perform such functions, as may be required by the Authority. The members of such Committee(s) shall be entitled for such honorarium, travelling allowance and daily allowance, as may be prescribed.
No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 7 _________________________________________________________________
(5) The nominated members of the Authority, shall hold office for a term of three years from the date of their nomination and shall be eligible for reappointment of further period of three years.
4. Duties of Authority.— The Authority shall advise the Government on all matters related to fixing prescribed standards and evaluation procedures for breeding bulls, semen stations, storage and distribution of bovine semen and artificial insemination services and prescribing training curriculum, qualification and experience of AI technicians and recognition of the training institutes.
5. Headquarter of the Authority.— The headquarter of the Authority shall be at the office of the Chairman, Jammu and Kashmir State Implementing Agency/Administrative Secretary, Animal, Sheep Husbandry and Fisheries Department.
6. Meetings of the Authority.— (1) The Authority shall meet at such time and place as the Registrar may determine in consultation with the Chairperson and shall observe such procedure with regard to the transaction of its business at such meetings, as may be prescribed.
(2) The quorum necessary for the transaction of business at a meeting shall be six members.
7. Functions of the Authority.— The Authority shall be responsible ,—
(a) to implement Breeding Policy and services in the State ;
(b) to regulate the storage, sale and use of semen or embryos produced within or outside the State or imported from any other country ;
(c) to certify bovine bulls, which meet the standards, as may
be prescribed by the Authority ;
(d) to register semen stations in the State as per the provisions
laid down in Chapter III of the Act ;
(e) to register semen banks in the State ;
8 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
(f) to register and certify the trained Private AI technician other than veterinarian and existing Para-vets (trained in Stock Assistant Training Institutes of State of Animal Husbandry Department, Jammu and Kashmir) for operating bovine breeding activities in the State through appropriate Standard Operative Procedures prescribed by the Authority ;
(g) to register and certify the bull keepers, using bulls for bovine breeding activities by way of natural mating in the State through appropriate Standard Operative Procedures to be laid down by the Authority ; and
(h) to perform such other functions concerning bovine
breeding, as may be prescribed.
8. Experts and other persons of the Authority.—The Authority shall discharge its duties through the staff of Animal Husbandry Department, Jammu/Kashmir. It may also outsource or get on deputation such number of officers and experts with veterinary qualifications and experience, as may be prescribed, as it may consider necessary for the efficient discharge of its functions.
9. Jurisdiction and Powers of the Authority.—(1) Subject to the provisions of the Act and the rules made thereunder, the Authority shall have jurisdiction all over the State of Jammu and Kashmir in respect of bovine breeding activities.
(2) For the discharge of the functions conferred on the Authority under the Act, the Authority or any officer empowered by it in this behalf, shall have the power to obtain any required information from any semen station, semen bank or related person engaged in bovine breeding activities.
(3) The Authority shall have the power to give directions requiring any person incharge of any premises, where any activity relating to bovine breeding is carried out or who in its opinion is contravening any of the provisions of the Act or the rules made thereunder, to furnish such information and in such form, as may be specified by it.
No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 9 _________________________________________________________________
CHAPTER III
Registration of Semen Stations and
Semen Banks and Certification of Bulls
and Trained AI Workers
10. Registration of Semen Stations.— (1) On and from the date of commencement of the Act, no person (including any Firm, Limited Liability Partnership (LLP), Company, Producer Company, Institution, NGO, Breeders' Association, Trust, Department of the State Government, Co-operative Society or any other agency), shall establish and operate a semen station for production and storage of semen doses for artificial insemination or production and transfer of embryos without obtaining a certificate of registration from the Authority.
(2) Any person who desires to establish and operate a new semen station, shall make an application for registration or renewal in such form along with such fee, as may be prescribed.
(3) The existing semen stations shall apply to the Authority for grant of certificate of registration in such form along with such fee, as may be prescribed, within three months from the date of commencement of the Act. They shall also declare the current stock of semen along with such other details as may be required in the form.
(4) Applicants intending to set-up a new semen station or the existing semen stations, who have submitted an application form along with prescribed fee to the Authority, shall be issued a provisional certificate of registration to meet the conditions specified in sub-section (6) of this section. The provisional certificate of registration shall be valid for a period of twelve months and shall be extended for a further period of six months on the request of the applicant, in writing. The Authority shall reply within one month about the status of extension.
(5) For the grant of certificate of registration for a new semen station or the existing semen station, the applicant shall make a written request to the Authority for inspection within the above twelve months or the extended period of six months, whichever applicable. The Authority shall thereupon, send a Committee of Experts from the consultative panel for such inspection.
10 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
(6) The Authority, after satisfying itself that ,—
(i) the semen station—
(a) has premises for the quarantine of bovine bulls, as may
be prescribed by the Authority ;
(b) has premises for the rearing and housing of bulls and
the collection, processing, quality control, storage,
distribution and quarantine of semen doses as may be
prescribed by the Authority ; and
(c) has premises for the storage of semen doses as may
be prescribed by the Authority ;
(ii) every bull, used in the semen station for production of
semen doses—
(a) has tested negative to the tests as may be prescribed
by the Authority :
(A) prior to its entry to a quarantine station ;
(B) during quarantine period at a quarantine station ;
(C) during rearing at a rearing station ; and
(D) at the semen station ;
(b) conforms to breed characteristics of the permitted
breeds only as may be specified in the breeding policy
and meets the minimum standards for various traits in
terms of quantity and quality as may be specified by
the Authority or the Government from time to time ;
(iii) the semen station maintains accurate details of the bull,
whose semen doses it would like to produce, store, sell, No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 11 _________________________________________________________________
distribute or proposes to distribute for artificial insemination in a format, as may be prescribed ;
shall grant the certificate of registration to a new semen station or the existing semen station clearly specifying the name and address of the semen station, registration number of the semen station, Unique Identification Number of certified bulls to be used for semen production, name of the incharge of the semen station and such terms and conditions, as it may deem fit.
(7) The certificate of registration granted to semen station shall be valid for a period of two years from the date of its issue.
(8) The semen station shall, in such form along with such fee, as may be prescribed, apply for renewal of registration to the Authority at least three months prior to the expiry of the certificate of registration. The Authority after satisfying itself that the conditions specified in sub-section (6) with regard to certificate of registration have been adhered to, shall renew the registration for a further period of two years, within three months from the date of receipt of application. If the renewal certificate is not issued within three months, approval shall be deemed to have been accorded, unless communicated otherwise.
(9) Any new bovine bull that meets the standards for semen production shall not be inducted in the semen station for semen production without the prior approval and necessary certification from the Authority. Death/culling of certified bull shall be informed to the Authority.
(10) The Authority may, after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant or renew the certificate of registration.
(11) The Authority shall send a Committee of Experts to inspect a semen station as and when desired, but at least once in a year, to ensure compliance of the conditions specified in the certificate of registration.
11. Registration of Semen Banks.—(1) On and from the date of commencement of the Act, no person (including any Firm, Limited Liability Partnership, Company, Producer Company, Institution, NGO, Breeders' Association, Trust, Department of the State Government, Co-operative Society or any other agency), shall establish and operate a semen bank without obtaining a certificate of registration from the Authority.
12 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
(2) The certificate of registration referred to in sub-section (1) shall be issued in such manner and subject to such conditions, as may be prescribed.
12. Certification of Bulls.—(1) On and from the date of commencement of the Act, no new semen station shall use bull for semen production and no agency Government or private shall use bull for natural mating other than those certified by the Authority.
(2) The bulls shall be certified by the Authority in such manner and subject to such conditions, as may be specified by the Government.
(3) The Authority shall generate a Unique Identification Number for each certified bull and it shall be mandatory for the semen stations to tag this Unique Identification Number securely and permanently to the certified bulls at all times.
(4) The bulls of different breeds used for semen production or natural mating shall be selected for induction as per the prescribed guidelines issued by Authority or Government.
(5) The AI bulls or natural service bulls shall be procured from
certified bull production programmes approved by the Government.
(6) The testing of the AI bulls/natural service bulls shall be carried out by Semen Station/Government or private agency as per the prescribed guidelines on yearly basis by the team of experts selected by the Authority for the purpose.
13. Certification/Registration of Trained Private AI workers.— (1) The trained AI Technician shall be certified/registered by the Authority in such manner and subject to such conditions, as may be specified by the Government.
(2) On and from the date of commencement of the Act, no person shall act as AI technician and provide his services for any agency unless he ,—
(a) possesses requisite qualification and experience as
prescribed by the Authority ;
No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 13 _________________________________________________________________
(b) has undergone the prescribed training from any recognised
Training Institutes ; and
(c) has registered himself with the Authority or Government.
(3) On an application by Private AI technician as per the prescribed format by the Government along with the supporting documents of his qualification and experience, the Authority or the Government provider shall register with them, the AI technicians who possess requisite qualification and experience as prescribed by the Authority and have undergone the prescribed training from any recognised AI Training Institute, and shall issue a certificate of registration on payment of fee and as per the format prescribed by the Government.
(4) The existing private AI technicians, within one year from the date of commencement of the Act, shall undertake the required training from the recognised training institute if not trained. The AI technician, after giving an undertaking-cum-affidavit as per the requirements of the Authority, shall be allowed to register himself as provided under sub-section (2).
(5) The AI technicians shall perform Artificial Insemination as per the procedure and guidelines issued by the Authority and also as per the provisions of the State Breeding Policy and shall provide necessary information in the prescribed format to the nearest Government Veterinary Centre manned by a Veterinarian, failing which their registration shall be suspended till the necessary rectifications are carried out.
(6) The registered AI technician shall abide by the rules framed by the Authority from time to time failing which his registration shall be suspended with enforcement of penalties.
(7) The registered AI technician has to renew his registration after every year and complete all formalities for renewal including payment of renewal fee as prescribed by the Authority.
14 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
14. Regulation of sale of Semen.—(1) None shall sell or distribute
or gift or transfer the semen/embryo to any person other than a person,
as may be authorized by the Authority.
(2) No semen/embryo produced outside the State shall be allowed
into the State to be sold, distributed or gifted for Artificial Insemination/
transfer, except with the prior approval of the Authority to be granted
in such manner and subject to such conditions, as may be prescribed.
(3) No semen/embryo shall be imported for Artificial Insemination/
transfer in to the State from any other country, except with the prior
approval of the Authority to be granted in such manner and subject
to such conditions, as may be prescribed
15. Issue of duplicate Registration Certificate.—In case a
certificate of registration or a certificate of renewal issued under the
Act is defaced, lost or destroyed, the Authority, may, upon satisfaction,
grant a duplicate certificate to the applicant on payment of such fee,
as may be prescribed.
16. Revocation of Certificate of Registration.—If the Authority
is satisfied, either on a reference made to it in this behalf or on the
basis of inquiry report of a Committee of Experts constituted by the
Authority or otherwise that ,—
(a) the certificate of registration granted by it under the Act
to a Semen Station/Semen Bank/AI Technician has been
obtained by misrepresentation or fraud ; or
(b) the holder of the certificate of registration has, without
reasonable cause, failed to comply with the terms and
conditions subject to which the certificate has been granted
or has contravened any of the provisions of the Act or No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 15 _________________________________________________________________
has not complied with such conditions, as may be prescribed ;
then, without prejudice to any other proceedings to which the holder of the certificate may be liable under the Act, the Authority, may, after giving the holder of the certificate of registration an opportunity to show cause–
(i) whereunder the Act, any conditions have been imposed on any person, while granting the certificate of registration or renewal thereof, or under sections 10 and 12, and such person has failed to comply with such conditions, the Authority, after giving such person an opportunity of being heard, revoke the certificate of registration or renewal thereof and shall take such steps against such person, as may be prescribed ; or
(ii) suspend the certificate of registration or renewal till the holder of the certificate complies with all the required conditions to the satisfaction of the Authority ; or
(iii) take an undertaking from the holder of the certificate of registration, to comply with the provisions of the Act.
17. Appeal.—(1) Any person aggrieved by an order of the Authority refusing to grant or renew a certificate of registration or revoking or suspending the certificate of registration under the provisions of the Act, may file an appeal before the Tribunal established under the Jammu and Kashmir Special Tribunal Act, 1988 (Act No. 19 of 1988).
(2) The Tribunal, after giving a reasonable opportunity of being heard to the applicant, shall decide the appeal, as expeditiously as possible, but within three months.
CHAPTER IV
18. Power to Inspect Search and Seizure.—(1) The Authority or members of the Committee of Experts authorised by it in this behalf, with a view to ensure compliance with the terms and conditions of 16 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
the certificate of registration or any provisions of the Act, or for the purpose of inspection and inquiry, may,—
(a) enter, inspect and cause or conduct search of any premises in which it has reason to believe that any activity in contravention of the provisions of the Act is going on or there is any contravention of any of the provisions of the Act or rules made thereunder or the holder of certificate is doing activities in violation of the terms and conditions specified in the certificate of registration issued under the Act ;
(b) collect samples of semen, blood or any other material used in semen production/bovine breeding from the premises/ custody of any semen station/semen bank/AI service provider/AI technician and have such samples analyzed from a recognized laboratory. All the stock of the semen which is from uncertified bull/below minimum standard as specified by the Government shall be destroyed immediately, semen processing equipment shall be sealed and registration of such semen station, AI service provider and AI technician shall be cancelled.
(2) The provisions of the Jammu and Kashmir Code of Criminal Procedure, Svt. 1989 (1933 A. D.) relating to search and seizure shall, as far as may be, apply to searches and seal/seizures under sub-section (1).
19. Maintenance and Submission of Records.—(1) Every person who holds a certificate of registration under the Act shall maintain such books, accounts and records relating to his business transactions in such form, as may be specified by the Authority in this behalf.
(2) Every person who holds a certificate of registration for a semen station/semen bank shall submit to the Authority, an annual report, in duplicate, in respect of the Semen Station/Semen Bank in such form, as may be prescribed and with respect to new bulls proposed for certification whose semen is to be put on use in such form, as may be prescribed.
20. Power to give direction.—Notwithstanding anything contained in any other law, but subject to the provisions of the Act, and to any No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 17 _________________________________________________________________
directions that the Government may give in this behalf, the Authority, may in exercise of its powers and performance of its functions under the Act, issue any directions in writing to any person, officer, or authority, which shall include the power to direct,—
(i) the closure, prohibition or regulation of any operation,
process or activity related to bovine breeding ; or
(ii) the stoppage or regulation of supply of electricity, water
or any other service.
21. Power to make application to Court for restraining bovine breeding activities in contravention of the Act.—(1) Where it is apprehended by the Authority, that any person, firm, company or Non-Governmental Organization is engaged in the bovine breeding services or trading and supply of semen/embryo/providing breeding services in contravention of the provisions of the Act or rules made thereunder, the Authority or any officer authorized by it, may file a complaint in the Court of Judicial Magistrate, First Class for restraining the said person from carrying out the said activity.
(2) On receipt of an application under sub-section (1), the Court may pass an order restraining any such person, to carry out the said activity or give such directions or pass such order as it may deem fit.
22. Penalties.— (1) Any person who contravenes or violates any provision of the Act or rules made thereunder, shall be punished with a fine up to one lakh rupees or with rigorous imprisonment up to one year, or both.
(2) The fine so imposed, may be recovered from the person
concerned, as arrears of land revenue.
23. Cognizance of Offences.—(1) No court shall take cognizance of any offence under the Act, except on a complaint made by the Authority or any officer authorized by it in this behalf.
(2) No Court inferior to that of a Judicial Magistrate of the First
Class shall try any offence punishable under the Act.
18 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
24. Prosecution Sanction.—(1) No prosecution for offences punishable under the Act shall be instituted, except with the prior sanction of an officer authorized in this behalf by the Authority, by notification.
25. Offence to be Cognizable.—The Production, possession, distribution, sale, transfer in any form, import, export or use of unauthorized semen or misbranded or sub-standard semen shall be a cognizable offence under the Act.
CHAPTER V
Miscellaneous
26. Report of Recognized Laboratory.—Any document purporting to be a report duly issued by a recognized laboratory may be used as evidence of the facts stated therein in any proceedings under the Act.
27. Local Authorities to assist.—All local authorities shall render such help and assistance and furnish such information to the Authority, as it may require for discharge of its functions and shall make available for inspection and examination such records or documents, as may be necessary.
28. Reports.— The Authority shall furnish to the Government such reports, statistics, and other information with respect to its funds, activities or policies as required by the Government, from time to time.
29. Expert, Officers and officials of the Authority to be public servants.—All experts, officers and officials of the Authority, when acting or purporting to act in pursuance of any of the provisions of the Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Ranbir Penal Code, Samvat 1989.
30. Bar on Jurisdiction.—No civil court shall have any jurisdiction in any matter, in respect of which the Government or any other person or Authority is empowered by the Act to take cognizance, and dispose No. 37-11] The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. 19 _________________________________________________________________
it of, and the manner in which the Government or such person or authority may exercise any power, vested in it or him by or under the Act.
31. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against any member, officer or officials, of the Authority in respect of anything which is in good faith and public interest, done or intended to be done in pursuance of the Act or the rules made thereunder.
32. Power of Government to make rules.—(1) The Government may, by notification in the Government Gazette, make rules for carrying out the purposes of the Act.
(2) In particular and without prejudice to the generality of the foregoing powers, the Government may make such rules, as may provide for any other matter which has to be or may be prescribed.
(3) Every rule made under the Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session, for a total period of fifteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rules, or the House agrees, that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
33. Power to remove difficulties.—(l) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by an order published in the Government Gazette, make such provisions not inconsistent with the provisions of the Act as may appear to be necessary for removing the difficulty.
(2) The Government may issue such guidelines to the Authority as it deems fit for the purpose of implementation of the provisions of the Act.
20 The J&K Govt. Gazette, 16th Dec., 2018/25th Agra., 1940. [No. 37-11 _________________________________________________________________
34. Funds of the Authority.—The funds of the Authority shall be the budgetary allocation of the Department of Animal Husbandry, Jammu/Kashmir, Livestock Development Board, Jammu and Kashmir who will propose minimum fund requirement for the Authority in annual revenue budget.
SATYA PAL MALIK,
Governor.
––––––
(Sd.) ASHISH GUPTA,
Deputy Legal Remembrancer, Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK–33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Thu., the 13th Dec., 2018/22nd Agra., 1940. [No. 37-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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)
Jammu, the 13th December, 2018.
The following Act has been assented to by the Governor on
13th December, 2018 and is hereby published for general information :––
THE JAMMU AND KASHMIR OMBUDSMAN FOR
PANCHAYATS (AMENDMENT) ACT, 2018
(Governor Act No. XLIV of 2018)
[13th December, 2018.]
Enacted by the Governor in the Sixty-ninth Year of the Republic of
India.
2 The J&K Govt. Gazette, 13th Dec., 2018/22nd Agra., 1940. [No. 37-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– An Act to a mend the Jammu and Kashmir Ombudsman for
Panchayats Act, 2014.
In exercise of the powers vested under Proclamation No. P-1/18
of 2018 dated 20th of 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 Ombudsman for Panchayats (Amendment) Act, 2018.
(2) It shall come into force from the date of its publication in the
Government Gazette.
2. Amendment in section 3, Act No. V of 2014.––In section 3 of
the Jammu and Kashmir Ombudsman for Panchayats Act, 2014, in
sub-section (1), in third proviso thereto, the sign full stop (.) at the end shall be
substituted by the sign colon (:) and thereafter the following proviso shall be
inserted, namely :––
"Provided that during the continuation of Proclamation issued under
section 92 of the Constitution of Jammu and Kashmir or Article 356
of the Constitution of India, as applicable to the State, the Ombudsman
shall be appointed by the Governor on the recommendation of the
Committee consisting of :
(a) Advisors to the Governor (one of whom to be nominated by the
Governor shall be Chairperson of the Committee) ; and
(b) Chief Secretary (Member-Secretary).
SATYA PAL MALIK,
Governor.
––––––––
(Sd.) ASHISH GUPTA,
Deputy Legal Remembrancer,
Department of Law, Justice and Parliamentary Affairs.