THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131]
Jammu, Thu., the 3rd Jan., 2019/13th Pausa, 1940.
[ No. 40
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART 11-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule
....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments ....
PART
V– Information and Statistics ....
(a) Rates and prices in the State ....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
600-618
725-744
79-80
549-560
165-174
203- 210
600
The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. [ No. 40
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
(Exercising Powers of Bar Council under section 58 of the Advocates Act, 1961).
Notification
No. 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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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.
––––––––
No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 603
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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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.
––––––––
No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 605
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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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.
––––––––
No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 609
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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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.
––––––––
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.
––––––––
No. 40 ] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 611
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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.
––––––––
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.
––––––––
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.
––––––––
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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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.
––––––––
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.
––––––––
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
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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.
––––––––
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
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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.
––––––––
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
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––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
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––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––————
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 ;
1
2
3
4
5
6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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
No. 40]
The J&K Govt. Gazette, 3rd January, 2019/13th Pausa, 1940.
735
––––––––––––––––––––––––––––––––––––––––––––––––––––––————
¼ ¾
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––————
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
1
2
3
4
5
6
7
8
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
740
The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940.
[No. 40
––––––––––––––––––––––––––––––––––––––––––––––––––––––————
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
––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
–––––––––
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––————
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
1
2
3
4
5
6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
744
The J&K Govt. Gazette 3rd January, 2019/13th Pausa, 1940.
[No. 40
––––––––––––––––––––––––––––––––––––––––––––––––––––––————
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.
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
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.
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.
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.
———–
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
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
1
2
3
4
5
—————————————————————————————
K. M.
No. 40] The J&K Govt. Gazette, 3rd Jan., 2019/13th Pausa, 1940. 553
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
1
2
3
4
5
—————————————————————————————
K. M.
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
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
1
2
3
4
5
6
7
8
—————————————————————————————
K. M.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
170
The J&K Govt. Gazette, 3rd Jan, 2019/13th Pausa, 1940.
[No. 40
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
documents
to 08-01-2019 up to 2.00 P. M.
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
of Bids (online)
subsequent date in the Office
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
1
5
- 1
2
- 2
0
1
8
,
f o
r
t h
e
r a
t e
c
o
n
t r a
c
t
f o
r
s u
p
p
l y
/ i n
s t a
l l a
t i o
n
o
f “Internet
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.
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
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.
_______
EXTRAORDINARY
REGD. NO. JK—33
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.
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.
EXTRAORDINARY
REGD. NO. JK—33
No. 26-g]
The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940.
Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Power Section)
Notification
Srinagar, the 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
No. 26-h]
The J&K Govt. Gazette, 1st Oct., 2018/9th Asv., 1940.
Mon.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
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.
———–
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.
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)
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Mon., the 19th Nov., 2018/28th Kart.,1940. [No. 33-4
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
———–
2
The J&K Govt. Gazette, 19th Nov., 2018/28th Kart., 1940.
[No. 33-4
–––––––––––––––––––––––––––––––––––––––––––––—–––––—————
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.
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Wed., the 19th Dec., 2018/28th Agra., 1940. [No. 37-17
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
———–
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.
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Jammu, Mon., the 3rd Dec., 2018/12th Agra., 1940.
[No. 35-2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
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.
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
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Fri., the 7th Dec., 2018/16th Agra., 1940. [No. 36-2
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––C
Notifications, Notices and Orders by the Election Commission.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
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).
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
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Thu., the 11th Oct., 2018/19th Asv., 1940.
[No. 28-d
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separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
———–
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 ________________________________________________
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
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131]
Jammu, Fri., the 19th Oct., 2018/27th Asv., 1940.
[No. 29-g
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separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
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.
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 ;
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 131] Jammu, Wed., the 24th Oct., 2018/2nd Kart., 1940. [ No. 29-l
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separate compilation.
PART I—B
Jammu and Kashmir Government—Notifications.
———–
EXTRAORDINARY
REGD. NO. JK—33
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/Secretary to Govt. of Jammu and
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.
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
EXTRAORDINARY
REGD. NO. JK––33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 130] Jammu, Fri., the 9th Nov., 2018/18th Kart., 1940. [No. 32-d
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
————
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.
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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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” ;
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3
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(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
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(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
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5
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(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 ;
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(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.
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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.
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(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
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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
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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.
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11
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(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
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13
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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.
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(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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15
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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 ;
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(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 ;
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(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.
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(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
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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 ;
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(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.
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(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 having
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 ;
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(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
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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 ;
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(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 ;
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(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
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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.
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(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 ;
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(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
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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
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(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
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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
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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
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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.
SECRETARIAT OF THE
ELECTION COMMISSION OF INDIA,
Nirvachan Sadan, Ashoka Road, New Delhi-110001.
Dated 7th December, 2018.
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
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.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
2 The J&K Govt. Gazette, 7th Dec., 2018/16th Agra., 1940.
[No. 36-9
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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.
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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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 ;
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(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
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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 property 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.
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(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
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immovable property, engineering or other operations in, on,
over or under the land or the making of any material change
in any immovable property 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.
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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 areas 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
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(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 ;
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(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
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(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 ;
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(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
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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,
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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 authenticated 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 ;
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(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
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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
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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
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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 publication 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.
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(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
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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.
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(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 secured by the real estate agent through
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 ;
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(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
approvals which are pending subsequent to
commencement certificate ;
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(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 ;—
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(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,
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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.
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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
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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
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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
(b) due to discontinuance of his business as a developer on
account of suspension or revocation of the registration
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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,
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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
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(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
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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
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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
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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
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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 Technical 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 Technical or
Administrative Member shall not communicate or reveal to any person
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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
of the Appellate Tribunal ; or
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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,
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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
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(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 ;
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(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.
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D
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.
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 :—
EXTRAORDINARY
REGD. NO. JK—33
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 ;
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(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.
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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
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15
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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
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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
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17
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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.
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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
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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.
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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.
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
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An Act to amend 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.