THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 8th August, 2019/17th Srav., 1941.

[ No. 19

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

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 II-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

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 ....

(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.

190-210

251-256

37-38

203-208

71-72

155-158

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PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR

(Office of the Registrar General at Srinagar)

Subject :—Protocol for Recording Evidence of Vulnerable Witnesses.

–––––––

Notification

No. 42 Dated 29-05-2019.

The Chief Justice of High Court of Jammu and Kashmir is pleased

to frame the following protocol for recording evidence of vulnerable

witnesses in the State of Jammu and Kashmir :—

Preamble

The purpose of this protocol is to present guidelines and mandatory

recommendations, to improve the response of the justice dispensation

system to vulnerable witnesses¹

This protocol prescribes guidelines while recording depositions of

vulnerable witnesses in order to enable them to give their best evidence

in criminal proceedings. Each witness is unique and is to be handled

accordingly. Some of the most challenging cases handled by judges

during the course of their careers are those involving vulnerable

witnesses as, what happened to or was witnessed by them, impact

significantly on their quality of deposition and potentially outcome of a

trial.

1 The UN Model Law on Justice in matters involving child victims and

witnesses of crime published by the UN Office on Drugs and Crime,

Vienna, UN, New York 2009 and ‘Guidelines for recording of

evidence of vulnerable witnesses in criminal matters’ issued by the

Delhi High Court.

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Vulnerable witnesses, find the criminal justice system, and

particularly the courtroom experience, intimidating. Under these

circumstances, a vulnerable witness would provide weak testimony and

contribute less information than should have been elicited. Further, the

lengthy process of navigating, the formal and adversarial criminal justice

system can affect the vulnerable witnesses’ psychological development

and disable this sensitivity in significant and long-lasting, even permanent,

ways.

To respond effectively to the needs of vulnerable witnesses the

criminal justice system needs to respond proactively with sensitivity in

an enabling and age appropriate manner, so that the trial process is less

traumatic for them.

The judicial system has to strike a balance between protecting the

accused person's right to a fair trial, and ensuring that witnesses who

give evidence in the case are enabled to do so, to the best of their ability.

Objectives of this Protocol

This protocol, intended to further the ends of Justice, is designed

with the following broad objectives :—

1. To elicit and secure complete, accurate and reliable evidence

from vulnerable witnesses ;

2. To minimize the harm or secondary victimization of vulnerable

witnesses in anticipation and as a result of participation in the

criminal justice system and to ensure their security ; and

3. To ensure that the accused person’s right to a fair trial is

maintained.

1. Short Title, Applicability and Commencement.–

(i) This Protocol shall be called,—“Protocol for Recording

Evidence of Vulnerable Witnesses”.

(ii) Unless otherwise provided, this Protocol shall govern the

examination of vulnerable witnesses during trial who are victims

or witnesses in any case. They shall apply to every court in

Jammu and Kashmir.

(iii) The application of this protocol shall commence from the date

of notification of this Protocol.

2. Construction and Interpretation of the protocol.—This

protocol shall be liberally construed and interpreted, in view of the extant

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laws, to uphold the interests of vulnerable witnesses and to promote their

maximum accommodation without prejudice to the right of the accused

to a fair trial and to further the ends of justice.

Definitions.—

(a)

Vulnerable Witness.–means and includes :–

(i) any child witness who has not completed 18 years

of age ;

(ii)

any victim of sexual violence ;

(iii) any material witness in a dangerous crime ;

(iv) such other witness as may be deemed vulnerable by the

trial court for reasons therefor to be recorded in writing.

(b)

Support Person - means and includes a guardian ad litem,

a legal aid lawyer, facilitators, interpreters, translators and any

other person appointed by court to provide support, accompany

and assist the vulnerable witness to testify or to attend judicial

proceedings.

(c)

Best Interests of the Child - means circumstances and

conditions most congenial to security, protection of the child

and most encouraging to his physical, psychological and

emotional development and shall also include available

alternatives for safeguarding the growth and development of

the child.

(d)

Development Level - Development level refers to the

specific growth phase in which most individuals, are expected

to behave and function in relation to the advancement of their

physical, socio economical, cognitive and moral abilities.

(e)

In-Camera Proceedings - means criminal matters involving

sexual violence or part thereof, criminal and civil cases

wherein the public and press are not allowed to participate,

for good reason as adjudged by the court or by law.

(f)

Concealment of Identity of witness - means and includes

any condition prohibiting publication of the name, address and

other particulars which may lead to the identification of the

witness.

(g)

Comfort Items - Comfort items mean any article which shall

have a calming effect on a vulnerable witness at the time of

deposition and may include stuffed toy, blanket or book.

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(h)

Competence of a vulnerable Witness - Every vulnerable

witness shall be competent to testify unless the court

considers that they are prevented from understanding the

questions put to them, or from giving rational answers to those

questions due to tender years, disease, either of body or mind,

or any other cause of the same kind.

Explanation :–A mentally ill person may also be held

competent unless he is prevented by his

mental condition to understand questions.

(i) Court House Tour - A pre-trial tour of court room to

familiarize a vulnerable witness with the environment, the

basic process of adjudication and roles of each court official.

(j) Descriptive Aids - A human figure model, anatomically

correct dolls or a picture or anatomical diagrams or any other

aids deemed appropriate to help a vulnerable witness to

explain an act or a fact.

(k)

Live Link - Live link means and includes a live television

link, audio-video electronic means or other arrangement

whereby a witness, while absent from the courtroom is

nevertheless present in the court room by remote

communication using technology to give evidence and be

cross-examined.

(I)

Special Measure- means and include the use of any mode,

method and instrument, etc, considered necessary for

providing assistance in recording deposition of vulnerable

witnesses.

(m) Testimonial Aids- means and includes screens/ live links,

image and/or voice altering devices or any other technical

devices.

(n)

Secondary Victimization- means victimization that occurs

not as a direct result of a criminal act but through the response

of institutions and individuals to the victim.

(o)

Revictimization- means a situation in which a person suffers

more than one criminal incident over a period of time.

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(p)

Waiting Room - A safe place for vulnerable witnesses where

they can wait before being called to depose It shall have toys,

books, TV, etc. which can help them lower their anxiety.

4. Special Measures Direction.—The court shall direct as to

which special measure will be used to assist a particular eligible witness

in providing the best evidence. Directions may be discharged or varied

during the proceedings, but will normally continue in effect until the

proceedings are concluded, thus enabling the witness to know what

assistance to expect.

5. Applicability of protocol to all vulnerable witnesses.—

For the avoidance of doubt, it is made clear that these guidelines are

to apply to any vulnerable witness including a child party, regardless of

which party is seeking to examine such witness.

6. No adverse inference to be drawn from special measures.—

The fact that a witness has had the benefit of a special measure to assist

them in deposition shall not be regarded in any way whatsoever as being

adverse to the position of the other side. This should be made clear to

the parties by the judge at the time of passing order in terms of this

protocol when the vulnerable witness is examined as also when the final

judgment is pronounced.

7. Identification of Stress causing factors of adversarial

Criminal Justice System.—Factors which cause stress on witnesses,

rendering them further vulnerable witnesses, and impeding complete

disclosure by them shall, amongst others, include :—

(i) Multiple depositions and not using developmentally appropriate

language.

(ii) Delays and continuances.

(iii) Testifying more than once.

(iv) Prolonged/protracted court proceedings.

(v) Lack of communication between professionals including police,

doctors, lawyers, prosecutors, investigators, psychologists, etc.

(vi) Fear of public exposure.

(vii) Lack of understanding of complex legal procedures.

(viii) Face-to-face contact with the accused.

(ix) Practices that are insensitive to developmental needs.

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(x) Inappropriate cross-examination.

(xi) Lack of adequate support and victims services.

(xii) Sequestration of witnesses who may be supportive

the

vulnerable witness.

(xiii) Placement that exposes the vulnerable witness to intimidation,

pressure, or continued abuse.

(xiv) Inadequate preparation for fearless and robust testifying.

(xv) Worry about not being believed especially when there is no

evidence other than the testimony of the vulnerable witness.

(xvi) Formality of court proceedings and surroundings including

formal dress of members of the judiciary and legal personnel.

8. Competency of vulnerable witness.— Every vulnerable

witness shall be presumed to be qualified as a witness unless prevented

by the following—

(a)

age ;

(b)

physical or mental disability leading to recording a finding of

doubt regarding the ability of such witness to perceive,

remember, communicate, distinguish, truth from falsehood or

appreciate the duty to tell the truth, and/or to express the

same.

Explanation :–The court shall conduct a competency

examination before recording the testimony

of such witness, or on an application of either

prosecution or defence or suo motu.

9. Persons allowed at competency assessment.— Only the

following persons are allowed to be in attendance for the competency

assessment :—

(i) the judge and such court personnel deemed necessary and

specified by order of the judge concerned ;

(ii) the counsel for the parties ;

(iii) the guardian ad litem ;

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(iv) one or more support persons for the child ;

(v) the accused, unless the court determines that competence

requires to be and can be fully evaluated in his absence ;and

(vi) any other person who in the opinion of the court can assist in

the competence assessment.

10. Conducting of competence assessment.—The assessment

of a person as to his competence as a witness shall be conducted only

by the presiding judge.

11. Developmentally appropriate questions.—The questions

asked to assess the competency of the person shall be appropriate to

his age and developmental level; shall not in any manner be related to

the facts or issues at trial; and shall focus on the ability of the person

to remember, communicate, distinguish between truth and falsehood, and

appreciate the duty to testify truthfully.

12. Continuing duty to assess competence.—The court has the

duty of continuously assessing the competence of the vulnerable

witnesses throughout their testimony and to pass appropriate orders, as

and when deemed necessary.

13. Pre-trial visit of Witnesses to the Court.—Vulnerable

witnesses shall be allowed a pre-trial court visit along with the support

person to enable such witnesses to familiarise themselves with the layout

of the court, and may include visit to and explanation of the

following :—

(i) the location of the defendant/ accused in the dock ;

(ii) court officials (what their roles are and where they sit) ;

(iii) who else might be in the court, for example those permitted

in the public gallery ;

(iv) the location of the witness box ;

(v) a run-through of basic court procedure ;

(vi) the facilities available in the court ;

(vii) discussion of any particular fears or concerns with the

intermediaries, prosecutors and the judge to dispel the fear,

trauma and anxiety in connection with the prospective

deposition at court ;

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(viii) demonstration of any special measures applied for and/or

granted, for example practising on the live link and explaining

who will be able to see them in the courtroom, and showing the

use of screens (where it is practical and convenient to do so).

14. Meeting the judge.—The Judge may meet a vulnerable

witness suo motu on reasons to be recorded or on an application of

either party in the presence of the prosecution/plaintiff and defence

lawyer/defendant or in their absence before they give evidence, for

explaining the court process in order to help them in understanding the

procedure and giving their best evidence.

15. Appointment of Guardian ad litem.—The court may, in an

appropriate case, appoint any person as a guardian ad litem, as per law

to a witness who is a victim of or a witness to a crime or in any case

having regard to his best interests after considering the background of

the guardian ad litem and his familiarity with the judicial process, social

service programs, and human development. If the witness is a child,

preference would be given for appointment of a guardian ad-litem to

the parents of the child, if qualified. The guardian ad litem may be a

member of bar/practicing advocate, except a person who is a witness

in any proceeding involving the vulnerable witness.

16. Duties of guardian ad litem.—It shall be the duty of the

guardian ad litem of the vulnerable witness who is so appointed by

court to :

(i) attend all depositions, hearings, and trial proceedings in which

the vulnerable witness participates ;

(ii) make recommendations to the court concerning the welfare of

the vulnerable witness keeping in view the needs of the witness

and observing the impact of the proceedings on him ;

(iii) explain in a language understandable to the vulnerable witness,

all legal proceedings, including police investigations, in which he

is involved ;

(iv) assist the vulnerable witness and his family in coping with the

emotional effects of participating in any case/proceedings,

especially a crime and subsequent criminal or non-criminal

proceedings in which the witness is involved ;

(v) remain with the vulnerable witness while the vulnerable witness

waits to testify ;

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17. Legal assistance.—A vulnerable witness may be provided

with legal assistance by the court, if the court considers the assignment

of a lawyer to be in the best interests of the witness, throughout the

justice process in the following instances :

(a)

at the request of the support person, if one has been

designated ;

(b)

pursuant to an order of the court on its own motion¹

18. Court to allow presence of support persons.—

(a)

A court shall allow suo motu or on request, verbal or written,

to a vulnerable witness testifying at a judicial proceeding to

have the presence of one person of his own choice to provide

him support who shall within the view and if the need arise

may accompany the witness to the witness stand, or in the

deposition room, provided that such support person shall not

completely obscure the witness from the view of the opposing

party or the judge².

(b)

The court may allow the support person to hold the hand of

the vulnerable witness or take other appropriate steps to

provide emotional support to the vulnerable witness in the

course of the proceedings.

(c)

The court shall instruct the support persons not to prompt,

sway, or influence the vulnerable witness during his testimony.

The support person shall also be directed that he/she shall in

no circumstances discuss the evidence to be given by the

vulnerable witness.

(d)

Where no other suitable person is available, only in very rare

cases should another witness in the case be appointed as a

support person. The court shall ordinarily appoint a neutral

person, other than a parent, as a support person. It is only

in exceptional circumstances keeping the condition of the

vulnerable witness in mind, that the court should appoint a

parent as a support person.

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

1 Section 41 of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018 (Governor’s Act No. XXXVI of 2018)

2 Section 34 (4) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018 (Governor’s Act No. XXXVI of 2018)

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19. The testimony of support person to be recorded prior.—

Testimony of such support person if the support person also happens

to be a witness shall be recorded, ahead of the testimony of the

vulnerable witness.

20. Court to appoint facilitator.— To assist the vulnerable

witnesses in effectively communicating at various stages of trial and or

to co-ordinate with the other stake holders such as police, medical

officer, prosecutors, psychologists, defence counsels and courts, the

court shall allow use of facilitators.

The court may, suo motu or upon an application presented by either

party or a support person of vulnerable witnesses, appoint a facilitator

if it determines that such witness is finding it difficult to understand or

respond to questions asked.

Explanation :—(i) The facilitator may be an interpreter, a translator,child

psychologist, psychiatrist, social worker, guidance

counselor, teacher, parent, or relative of such witness

who shall be under oath to pose questions according

to meaning intended by the counsel, or the court.

(ii) If the court appoints a facilitator, the respective counsels for

the parties shall pose questions to the vulnerable witness only

through the facilitator, either in the words used by counselor,

if the vulnerable witness is not likely to understand the same,

in words or by such mode as is comprehensible to the vulnerable

witness and which convey the meaning intended by counsel.

21. Right to be informed.—A vulnerable witness, his or her

parents or guardian, his or her lawyer, the support person, if designated,

or other appropriate person designated to provide assistance shall, from

their first contact with the court process and throughout that process,

be promptly informed by the Court about the stage of the process and,

to the extent feasible and appropriate, about the following :

(a)

procedures of the justice process including the role of

vulnerable witnesses, the importance, timing and manner of

testimony. and the ways in which proceedings will be

conducted during the trial ;

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(b)

existing support mechanisms for a vulnerable witness when

participating in proceedings, including making available

appropriate person designated to provide assistance ;

(c)

specific time and places of hearings and other relevant

events ;

(d)

availability of protective measures ;

(e)

where the vulnerable witness is a child, of the relevant rights

of child victims and witnesses pursuant to applicable laws, the

Convention on the Rights of the Child and other international

legal instruments, including the Guidelines and the Declaration

of Basic Principles of Justice for Victims of Crime and Abuse

of Power, adopted by the General Assembly in its resolution

40/34 of 29 November 1985 ;

(f) the progress and disposition of the specific case, including in

a criminal case the apprehension, arrest and custodial status

of the accused and any pending changes to that status, the

prosecutorial decision and relevant post-trial developments

and the outcome of the case.

22. Language, interpreter and other special assistance

measures.—

(i) the court shall ensure that proceedings relevant to the testimony

of a vulnerable witness are conducted in language that is simple

and comprehensible to the witness.

(ii) if vulnerable witness needs the assistance of interpretation into

a language or mode that the witness understands, an interpreter

shall be provided free of charge¹.

(iii) if, in view of the child’s age, level of maturity or special

individual needs of a witness which may include but are not

limited to disabilities if any, ethnicity, poverty or risk of

revictimization, the witness requires special assistance measures

in order to testify or participate in the justice process, such

measures shall be provided free of charge².

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

1 Section 39(1) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor's Act No. XXXVI of 2018)

2 Section 39(2) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor's Act No. XXXVI of 2018)

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23. Waiting area for vulnerable witness.—The courts shall

ensure that a waiting area for vulnerable witnesses with the support

person, lawyer of the witness, facilitation, if any, is separate from

waiting areas used by other persons. The waiting area for vulnerable

witnesses should be furnished so as to make a vulnerable witness

comfortable.

24. Duty to provide comfortable environment for deposition.—

It shall be the duty of the court to ensure comfortable environment for

the vulnerable witness by issuing directions and also by supervising, the

location, movement and deportment of all persons in the courtroom

including the parties, their counsels, vulnerable witnesses, support

persons, guardian ad litem, facilitator, and court personnel. The

vulnerable witness may be allowed to testify from a place other than

the witness chair. The witness chair or other place from which the

vulnerable witness testifies may be turned to facilitate his testimony but

the opposing party and his counsel must have a frontal or profile view

of the vulnerable witness even by a video link, during the testimony of

the vulnerable witness. The witness chair or other place from which the

vulnerable witness testifies may also be rearranged to allow the

vulnerable witness to see the opposing party and his counsel, if he

chooses to look at them, without turning his body or leaving the witness

stand. While deciding to make available such environment, the judge may

be dispensed with from wearing his judicial robes.

25. Testimony during appropriate hours.—The court may order

that the testimony of the vulnerable witness should be taken during a

time of day when the vulnerable witness is well-rested.

26. Recess during testimony.—The vulnerable witness may be

allowed reasonable periods of relief while undergoing depositions as

often as necessary depending on his developmental need¹.

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

1 Section 39(3) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor’s Act No. XXXVI of 2018)

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27. Measures to protect the privacy and well-being of

vulnerable witnesses.—(1) At the request of a vulnerable witness,

parents of child witness or guardian, his or her lawyer, the support

person, other appropriate person designated to provide assistance, or the

court on its own motion, taking into account the best interests of the

vulnerable witness, may order one or more of the following measures

to protect the privacy and physical and mental well-being of the

vulnerable witness and to prevent undue distress and secondary

victimizatlon :—

(a)

expunging from the public record any names, addresses,

workplaces, professions or any other information that could

be used to identify the vulnerable witness¹ ;

(b)

forbidding the defence lawyer and persons present in court

room from revealing the identity of the vulnerable witness or

disclosing any material or lnformation that would tend to

identify the vulnerable witness ;

(c)

ordering the non-disclosure of any records that identify the

vulnerable witness, until such time as the court may find

appropriate ;

(d)

assigning a pseudonym or a number to a vulnerable witness,

in which case the full name and date of birth of the child shall

be revealed to the accused within a reasonable period for the

preparation of his or her defence ;

(e)

efforts to conceal the features or physical description of the

vulnerable witness giving testimony or to prevent distress or

harm to the vulnerable witness, including testifying² :

(i) behind screen ;

(ii) using image- or voice-altering devices ;

(iii) through examination in another place, transmitted simultaneously

to the courtroom by means of video link ;

(iv) through a qualified and suitable intermediary, such as, but not

limited to, an interpreter for vulnerable witness with mental,

hearing, sight, speech or other disabilities ;

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

1 Section 34(7) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor's Act No. XXXVI of 2018)

2 Section 37(2) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor's Act No. XXXVI of 2018)

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(f) holding closed sessions;

(g)

if the vulnerable witness refuses to give testimony in the

presence of the opposite party or the accused or if

circumstances show that the vulnerable witness may be

inhibited from speaking the truth in that person's presence, the

court shall give orders to temporarily remove the opposite

party or the accused from the courtroom to an adjacent room

with a video link or a one way mirror visibility into the court

room. In such cases, the defence lawyer shall remain in the

courtroom and question the vulnerable witness/ and the

opposite party's or accused's right of confrontation shall thus

be guaranteed.

(h)

taking any other measure that the court may deem necessary,

including, where applicable, anonymity, taking into account the

best interests of the vulnerable witness and the rights of the

accused.

(2) Any information including name, parentage, age, address, etc.

revealed by the vulnerable witness which enables identification of the

person of the vulnerable witness, shall be kept in a sealed cover on the

record and shall not be made available for inspection to any party or

person. Certified copies thereof shall also not be issued. The reference

to the vulnerable witness shalt be only by the pseudonym assigned in

the case.

28. Directions for Judges.—(i) Vulnerable witnesses shall

receive high priority and shall be handled as expeditiously as possible,

minimizing unnecessary delays and continuances to avoid repeated

appearance of the witness in the Court. (Whenever necessary and

possible, the court schedule will be altered to ensure that the testimony

of the vulnerable witness is recorded on sequential days, without

delays.)¹

(ii)

Judges and court administrators should ensure that the

developmental needs of vulnerable witnesses are recognized

and accommodated in the arrangement of the courtroom.

(iii)

Separate and safe waiting areas and passage thereto should

be provided for vulnerable witnesses.

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

1 Section 34(5) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor’s Act No. XXXVI of 2018)

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(iv)

Judges should ensure that the developmental stages and needs

of vulnerable witnesses are identified, recognized and addressed

throughout the court process by requiring usage of appropriate

language, by timing hearings and testimony to meet the

attention span and physical needs of such vulnerable witnesses

by allowing the use of testimonial aids as well as interpreters,

translators, when necessary.

(v)

Judges should be flexible in allowing the vulnerable witnesses

to have a support person present while testifying and should

guard against unnecessary sequestration of support persons.

(vi)

Hearings involving a vulnerable witness may be scheduled on

days/time when the witness is not inconvenienced or is not

disruptive to routine/ regular schedule of vulnerable witness.

29. Allowing proceedings to be conducted in camera (i) When

a vulnerable witness testifies, the court may order the exclusion from

the courtroom of all persons, who do not have a direct interest in the

case including members of the press. Such an order may be made to

protect the right to privacy of the vulnerable witness or if the court

determines on the record that requiring the vulnerable witness to testify

in open court would cause psychological harm to him, hinder the

ascertainment of truth, or result in his inability to effectively communicate

due to embarrassment, fear, or timidity.

(ii)

In making its order, the court shall consider the developmental

level of the vulnerable witness, the nature of the crime, the

nature of his testimony regarding the crime, his relationship to

the accused and to persons attending the trial, his desires, and

the interests of his parents or legal guardian.

(iii)

The court may, motu proprio, exclude the public from the

courtroom if the evidence to be produced during trial is of such

character as to be distressing, personal, offensive to decency

or public morals.¹

30. Live-link television testimony where the vulnerable witness

is involved.—(a) Any party in the case, a prosecutor, counsel or the

guardian ad litem may apply for an order that the testimony of the

vulnerable witness be taken in a room outside the courtroom and be

televised to the courtroom by live-link televlsion.²

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

1 Section 38 of the Jarnmu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor's Act No. XXXVI of 2018)

2 Section 37(2) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor's Act No. XXXVI of 2018)

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 205

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

(b)

In order to take a decision of usage of a live-link the judge

may question the vulnerable witness in chambers, or in some

comfortable place other than the courtroom, in the presence

of the support person, guardian ad litem, prosecutor, and

counsel for the parties. The questions of the judge shall not

be related to the issues at trial but to the feelings of the

vulnerable witness about testifying in the courtroom.

(c)

The court on its own motion, if deemed appropriate, may pass

orders in terms of (a) or any other suitable directions for

recording the evidence of a vulnerable witness.

31. Provision of screens, one-way mirrors, and other devices

to vulnerable witness from accused/opposite party.—The court may

suo motu or on an application made even by the prosecutor or the

guardian ad litem order that the chair of the vulnerable witness or that

a screen or other device be placed in the courtroom in such a manner

that the vulnerable witness cannot see the opposite party/accused while

testifying and at the same time ensuring that the opposite party/accused

is in a position to hear the statement of the vulnerable witness and

communicate with his advocate. The court shall issue an order stating

the reasons and describing the approved courtroom arranqernent.¹

32. Factors to be considered while considering the application

under Guide lines in 30 & 31.—The court may order that the testimony

of the vulnerable witness be taken by live-link television if there is a

substantial likelihood that the vulnerable witness would not provide a full

and candid account of the evidence if required to testify in the presence

of the accused/opposite party, his counsel or the prosecutor as the case

may be.

The order granting or denying the use of live-link television shall

state the reasons therefor and shall consider the following :

(i)

the age and level of development of the vulnerable witness ;

(ii)

his physical and mental health, including any mental or physical

disability ;

(iii)

any physical, emotional, or psychological harm related to the

case on hand or trauma experienced by the vulnerable

witness ;

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

1 Secnon 37 of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor’s Act No. XXXVI of 2018)

206

The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941.

[ No. 19

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

(iv)

the nature of the alleged offence/case and circumstances of

its commission ;

(v)

any threats against the vulnerable witness ;

(vi)

his relationship with the accused or opposite party ;

(vii)

his reaction to any prior encounters with the accused/opposite

party in court or elsewhere ;

(viii)

his reaction prior to trial when the topic of testifying was

discussed with him by parents or professionals ;

(ix)

specific symptoms of stress exhibited by the vulnerable

witness in the days prior to testifying ;

(x)

testimony of expert or lay witnesses ;

(xi)

the custodial situation of the vulnerable witness and the

attitude of the members of his family regarding the events

about which he will testify ; and

(xii)

other relevant factors, such as court atmosphere and

formalities of court procedure.

33. Mode of questioning.—To facilitate the ascertainment of the

truth the court shall exercise control over the questioning of vulnerable

witness.

(i)

ensure that questions are stated in a form appropriate to the

developmental level of the vulnerable witness ;

(ii)

protect vulnerable witness from harassment, undue

embarrassment, character assassination, aggressive questioning

and ensure that dignity of the witness is maintained at all times

during the trial¹ ;

(iii)

avoid waste of time by declining questions which the court

considers unacceptable due to their being improper, unfair,

misleading, needless, repetitive or expressed in language that

is too complicated for the witness to understand ;

(iv)

the court may allow the vulnerable witness to testify in a

narrative form ;

(v)

questions shall be put to the witness only through the court.²

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

1 Section 34(6) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor’s Act No. XXXVI of 2018)

2 Section 34(2) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor’s Act No. XXXVI of 2018)

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 207

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

34. Rules of deposition to be explained to the Witnesses.—The

court shall explain to a vulnerable witness to listen carefully to the

questions and to tell the whole truth, by speaking loudly and not to

respond by shaking head in yes or no and also to specifically state that

the witness does not remember where he has forgotten something and

to clearly ask when the question is not understood.

A gesture by a vulnerable witness to explain what had happened

shall be appropriately interpreted and recorded in the vulnerable witness’

deposition.

35. Objections to questions.—Objections to questions should be

couched in a manner so as not to mislead, confuse, frighten a vulnerable

witness.

36. Allow questions in simple language.—The court to allow the

questions to be put in simple language avoiding slang, esoteric, jargon,

proverbs, metaphors and acronyms. The court must not allow the

question carrying words capable of two-three meanings, questions

having use of both past and present in one sentence, or multiple questions

which is likely to confuse a witness. Where the witness seems confused

instead of repetition of the same question, the court should direct for

its re-phrasing.

Explanation :—(i) The reaction of vulnerable witness shall be treated

as sufficient clue that the question was not clear so

it shall be rephrased and put to the witness in a

different way.

(ii)

Given the witness developmental level, excessively long

questions shall be required to be rephrased and thereafter put

to witness.

(iii)

Questions framed as compound or complex sentence structure;

or two part questions or those containing double negatives shall

be rephrased and thereafter put to witness.

37. Testimonial aids.—The court shall permit a vulnerable

witnessto use testimonial aids as defined in the definition clause.

38. Protection of privacy and safety.—(a) Confidentiality of

records.-Any record regarding a vulnerable witness shall be confidential

and kept under seal. Except upon written request and order of the court,

the record shall only be made available to the following :—

(i)

Members of the court staff for administrative use ;

208

The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941.

[ No. 19

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

(ii)

The Public Prosecutor for inspection ;

(iii)

Defence counsel for inspection ;

(iv)

The guardian ad litem for inspection ;

(v)

Other persons as determined by the court.

(b)

Protective order.—The depositions of the vulnerable witness

recorded by videolink shall be video recorded except under

reasoned order requiring the special measures by the judge.

However where any video or audio recording of a vulnerable

witness is made, it shall be under a protective order that

provides as follows :—

(i)

A transcript of the testimony of the vulnerable witness shall

be prepared and maintained on record of the case. Copies of

such transcript shall be furnished to the parties of the

case ;

(ii)

Recording may be viewed only by parties, their counsel, their

expert witness, and the guardian ad litem ;

(iii)

No person shall be granted access to the recording, or any part

thereof unless he signs a written affirmation that he has

received and read a copy of the protective order; that he

submits to the jurisdiction of the court with respect to the

protective order; and that in case of violation thereof, he will

be subject to the contempt power of the court ;

(iv)

Any recording, if made available to the parties or their counsel,

shall bear the following cautionary notice :—

“This object or document and the contents thereof are subject

to a protective order issued by the court in (case title), (case

number). They shall not be examined, inspected, read, viewed,

or copied by any person, or disclosed to any person, except

as provided in the protective order. No additional copies of the

tape or any of its portion shall be made, given, sold, or shown

to any person without prior court order. Any person violating

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 209

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

such protective order is subject to the contempt power of the

court and other penalties prescribed by law ;

(v)

No recording shall be given, loaned, sold, or shown to any

person except as ordered by the court ;

(vi)

This protective order shall remain in full force and effect until

further order of the court.

(c)

Personal details during evidence likely to cause threat to

physical safety of vulnerable witness to be excluded. A

vulnerable witness has a right at any court proceeding not to

testify regarding personal identifying information, including his

name, address, telephone number, school, and other information

that could endanger his physical safety or his family. The court

shall ensure the protection of this right of the witness. The

court may, however, require the vulnerable witness to testify

regarding personal identifying information in the interest of

justice.¹

(d)

Destruction of video and audio recording—Any video or audio

recording of a vulnerable witness produced under the

provisions of these guidelines or otherwise made part of the

court record shall be destroyed as per rules formed by the

Jammu and Kashmir High Court.

39. Protective measures.—At any stage in the justice process

where the safety of a vulnerable witness is deemed to be at risk, the

court shall arrange to have protective measures put in place for the

vulnerable witness. Those measures may include the following :

(a)

avoiding direct or indirect contact between a vulnerable

witness and the accused/opposite party at any point in the

justice process ;

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

1 Section 34(7) of the Jammu & Kashmir Protection of Children from

Sexual Violence Act, 2018(Governor’s Act No. XXXVI of 2018)

210

The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941.

[ No. 19

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

(b)

restraint orders ;

(c)

a pre-trial detention order for the accused in a criminal case

or with restraint or “no contact” order in any case or bail

conditions which may be continued during trial ;

(d)

protection for a vulnerable witness by the police or other

relevant agencies and safeguarding the whereabouts of the

vulnerable witness from disclosure ;

(e)

any other protective measures that may be deemed appropriate.

(Sd.) SANJAY DHAR,

Registrar General.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 8th Aug., 2019/17th Srav., 1941. [ No. 19

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

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

separate compilation

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

PART I––B

Jammu and Kashmir Government—Notifications.

––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 39 Rev (LAJ) of 2019

Dated 19-03-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of road from Basohli to Bani in

Village Dharore, Tehsil Bani, District Kathua by GREF ;

Specifications of land

District

Tehsil

Village

Kh. Nos.

Area

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

—————————————————————————————

K. M.

Kathua

Bani

Dharore

120

06–14

121

02–05

252 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19

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

122

05–5½

168

02–06

237/172

04–07

234/173

00–19½

235/173

04–08

–––––

Total

26–05

–––––

Whereas, on the basis of an indent placed by Officer Commanding

EE(Civ) 69, RCC(GREF) vide No. 2081/BB/LA/148/E2 dated 15-01-2013,

a notification under section 4(1) was issued by Collector, Land Acquisition

(SDM), Bani vide No. SDMB/LA/07-13 dated 19-04-2018 for land

measuring 26 Kanals and 05 Marlas, situated in Village Dharore, Tehsil

Bani, District Kathua ;

Whereas, the Collector, Land Acquisition (SDM), Bani vide

No. SDM/B/LA/95 dated 26-10-2018 has reported that the notification

issued under section 4(1) of the J&K State Land Acquisition Act was

served upon the interested persons for filing objections, if any, to the proposed

acquisition, but no objection was received from the land owners/interested

persons in the prescribed time period as required under sections 5 & 5-A of

the Land Acquisition Act ;

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

Bani vide No. referred to above, duly endorsed by the District Collector

(DC), Kathua vide No. DCK/LA/2018-19/967-71 dated 06-12-2018,

Divisional Commissioner, Jammu vide No. 502/2933/Dharore/GREF/Bani/

Kathua/18/4122-24 dated 26-12-2018 and by Financial Commissioner,

Revenue vide No. FC-LS/LA-4798/2019 dated 22-01-2019 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 road

from Basohli to Bani in Village Dharore, Tehsil Bani, District Kathua by

GREF.

—————————————————————————————

K. M.

No. 19]

The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

253

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

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

Acquisition Act, Samvat 1990, it is declared that land measuring 26 Kanals

and 05 Marlas situated in Village Dharore, Tehsil Bani, District Kathua,

particulars whereof are given above is required for public purpose viz.

for construction of road from Basohli to Bani in Village Dharore, Tehsil

Bani, District Kathua by GREF. Further, the Collector, Land Acquisition

(ACR), Kathua is directed under section 7 of the said Act to take order for

acquisition of the said land after giving prescribed notice to the interested

person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

rightful claimants in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) SHAHID ANAYATULLAH, IAS,

Commissioner/Secretary to Government,

Revenue Department.

————

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION

SOLINA, SRINAGAR-190001.

Subject :—Jammu and Kashmir Civil Service (Judicial) [Mains] Examination,

2018-Declaration of result thereof.

Reference :—Decision of the Commission in its 20th Extraordinary Meeting

dated 20-06-2019.

————

Notification No. PSC/Exam/44/2019

Dated 20-06-2019.

In pursuance of Jammu and Kashmir Civil Service (Judicial)

Recruitment Rules,1967 read with SRO No. 5 dated 04-01-1968, SRO-254

of 2017 dated 20-06-2017, J&K Public Service Commission (Conduct of

Examination) Rules, 2005 amended up-to-date and on the basis of the results

of the Written Examination, held by the J&K Public Service Commission

from 23-03-2019 to 04-04-2019, the candidates with Roll Numbers as per

Annexure-A to this notification have qualified for Personality Test/

Viva-voce for selection against the posts of Civil Judge (Junior Division)/

Munsiffs.

254 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19

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

Candidature of these candidates is provisional subject to their being

found eligible in all respects. The candidates will be required to produce the

original certificates in support of their claims pertaining to age, education/

professional qualifications, category etc. at the time of their Personality

Test/Viva-voce. They are, therefore, advised to keep the said documents

ready with them.

Personality Test/ Viva-voce of these candidates shall be held not earlier

than 15 days from the date of declaration of result of written examination, in

the office of the J&K Public Service Commission at Solina, Srinagar. The

e-Summon Letter of Personality Test/Viva-voce of candidates being called

for Interview may be downloaded from the Commission's website http://

www.jkpsc.nic.in from 05-07-2019. The candidates who are not able to

download e-Summon Letter for Personality Test/Viva-voce, should

immediately contact the Office of the Commission either Srinagar or

Jammu. No paper Summon Letter will be issued for the Personality Test/

Viva-voce by the Commission. The date and time of Personality Test/Viva-

voce will not be intimated to the qualified candidates individually.

No request for change in the date and time of the Personality Test/

Viva-voce intimated to the candidates will be entertained.

At the time of filling up of the Application Forms, all the particulars

were not obtained from the candidates. Accordingly, all the candidates, who

have qualified for Personality Test/Viva-voce, are requested to fill up the

Detailed Application Form (DAF), forming Annexure-B to this notification

which shall be uploaded separately, and submit the same through mail at

[email protected] by or before 02-07-2019.

No request for any type of change/modification of information already

supplied in DAF would be entertained by the Commission.

The mark sheets of all the candidates who appeared in the Written

Examination will be put on the Commission's website i. e. www.jkpsc.nic.in

within one month from the date of publication of the final result and will

remain available on the website for a period of 30 days.

This is subject to the outcome of writ petition(s), if any, pending disposal

before Court(s) of Law.

(Sd.) SHABIR HUSSAIN KEEN, KAS,

Controller of Examinations,

J&K Public Service Commission.

————

No. 19]

The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

255

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

Annexure-'A'

Roll

No. No.

No.

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

9000034

34.

9000762

67.

9001435

100.

9001901

133.

9002454

9000051

35.

9000794

68.

9001449

101.

9001914

134.

9002462

9000052

36.

9000801

69.

9001517

102.

9001923

135.

9002493

9000093

37.

9000859

70.

9001518

103.

9001948

136.

9002496

9000133

38.

9000873

71.

9001520

104.

9001959

137.

9002503

9000193

39.

9000883

72.

9001524

105.

9002032

138.

9002506

9000198

40.

9000969

73.

9001536

106.

9002040

139.

9002507

9000207

41.

9000983

74.

9001547

107.

9002044

140.

9002540

9000215

42.

9000989

75.

9001559

108.

9002047

141.

9002549

10.

9000219

43.

9000990

76.

9001569

109.

9002059

142.

9002558

11.

9000225

44.

9000998

77.

9001590

110.

9002060

143.

9002582

12.

9000293

45.

9001008

78.

9001688

111.

9002064

144.

9002591

13.

9000299

46.

9001036

79.

9001690

112.

9002067

145.

9002603

14.

9000316

47.

9001135

80.

9001696

113.

9002074

146.

9002612

15.

9000321

48.

9001144

81.

9001719

114.

9002087

147.

9002664

16.

9000353

49.

9001146

82.

9001723

115.

9002101

148.

9002701

17.

9000376

50.

9001191

83.

9001741

116.

9002125

149.

9002704

18.

9000388

51.

9001204

84.

9001751

117.

9002165

150.

9002715

19.

9000405

52.

9001223

85.

9001754

118.

9002195

151.

9002731

20.

9000460

53.

9001241

86.

9001758

119.

9002196

152.

9002741

21.

9000503

54.

9001245

87.

9001764

120.

9002220

153.

9002768

22.

9000593

55.

9001293

88.

9001767

121.

9002239

154.

9002777

23.

9000595

56.

9001309

89.

9001770

122.

9002272

155.

9002819

24.

9000597

57.

9001310

90.

9001773

123.

9002296

156.

9002832

25.

9000615

58.

9001330

91.

9001824

124.

9002321

157.

9002852

26.

9000617

59.

9001358

92.

9001830

125.

9002330

158.

9002855

27.

9000633

60.

9001360

93.

9001847

126.

9002360

159.

9002870

28.

9000647

61.

9001376

94.

9001874

127.

9002379

160.

9002872

29.

9000692

62.

9001397

95.

9001875

128.

9002385

161.

9002883

30.

9000719

63.

9001399

96.

9001876

129.

9002391

162.

9002981

31.

9000728

64.

9001403

97.

9001889

130.

9002392

32.

9000737

65.

9001421

98.

9001893

131.

9002420

33.

9000741

66.

9001425

99.

9001896

132.

9002423

(Sd.) SHABIR HUSSAIN KEEN, KAS,

Controller of Examinations,

J&K Public Service Commission.

–––––––

256 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19

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

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—FINANCE DEPARTMENT

(BUDGET DIVISION).

Subject :—Release of funds to the Ladakh Affairs Department/Council

Head-8448.

————

Addendum to Government Order No. 5-FD of 2018 dated 02-01-2019

The following words shall be added at the end of Para '8' of

Government Order No. 5-FD of 2019 dated 02-01-2019 issued under

endorsement No. FD-VII-5(42)LA/STD/2017 dated 02-01-2019 :—

"This shall also not be applicable to releases relating to Election Process

authorized by Chief Electoral Officer, J&K."

By order of the Government of Jammu and Kashmir.

(Sd.) ARUN KUMAR MEHTA, IAS,

Principal Secretary to Government,

Finance Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 8th August, 2019/17th Srav., 1941. [ No. 19

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

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

separate compilation.

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

PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In pursuance to Administrative Department, Animal/Sheep Husbandry

Department, Civil Sectt., J&K, Jammu’s letter No. ASH/SH/19/2017 dated

30-01-2018 and endorsed by Director, Sheep Husbandry Department,

Jammu’s vide No. DSHJ/Estt-Gaz/F-07/2017-18/9800-9802 dated

30-01-2018, I hereby assume the charge of the post of Joint Director (Farms),

Sheep Husbandry Department, Jammu today on 30-01-2018 (A. N).

(Sd.) DR. MOHAMMAD RAZA,

Joint Director (Farms),

Sheep Husbandry Department,

Jammu.

–––––––

38 The J&K Govt. Gazette, 8th August, 2019/17th Srav., 1941. [No. 19

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

In pursuance of Government Order No. 37-FST of 2018 dated

07-02-2018, issued under endorsement No. FST/Ser/16/2018 dated

07-02-2018, we the undersigned respectively hand over and take over the

charge of Addl. Principal Chief Conservator of Forests, Central and Chief

Conservator of Forests, PCA today the 8th February, 2018 afternoon.

(Sd.) DR. MOHIT GERA, IFS.

Relieved Officer.

(Sd.) ABDUL GANI, IFS.

Relieving Officer.

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

ASSISTANT COMMISSIONER, REVENUE, SAMBA.

Subject :—Notification under sections 9 & 9-A of Land Acquisition

Act , 1990 Svt. as amended up-to-date, for acquisition of land

for establishment of Border Fencing by the BSF in

Village Suchetgarh, Tehsil and District Samba.

————

Whereas, the below mentioned land is required for defence purpose

for construction of 135 Feet Composite Bundh in Village Suchetgarh,

Tehsil and District Samba, stands declared under sections 6 and 7 of the

Land Acquisition Act, Svt. 1990 by the Commissioner/Secretary to

Governement, Revenue Department, J&K, Civil Secretariat, Jammu vide

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 8th August, 2019/17th Srav., 1941. [ No.19

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.

———–

204 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

[No. 19

Notification No. 05-Rev(LAJ) of 2019 dated 23-01-2019 issued under

endorsement No. Rev/LAJ/431/2018 dated 23-01-2019.

Specification of the Land

S.No.

Name of

Khasra No.

Area

Village

District Tehsil

—————————————————————————————

K. M.

1. Suchetgarh

Samba

00–16

05–11

01–08

01–16

01–02

01–00

02–04

00–04

00–18

02–05

02–10

05–14

00–04

07–14

05–17

04–14

00–05

00–09

00–11

03–18

03–13

No. 19] The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

205

—————————————————————————————

K. M.

01–17

04–16

01–02

01–19

107

00–02

108

02–00

127

05–05

128

00–07

129

00–07

136

00–08

137

04–06

140

00–07

141

00–15

142

04–07

143

02–07

144

03–05

146

01–00

151

00–18

163

02–02

164

00–12

520/171

01–17.5

225

09–17

298

14–00

300

00–12

301

08–10

206 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

[No. 19

—————————————————————————————

K. M.

302

00–09

310

02–12

311

02–19

314

00–06

317

00–09

318

00–08

319

00–06

367

00–13

368

15–02

369

02–17

370

02–00

371

03–00

376

00–16

377

01–03

379

04–15

380

00–16

383

06–00

381

01–04

471

00–12

————————

Total

171–18.5

————————

Accordingly, all the interested persons/owners of aforesaid land

are hereby called upon to attend personally or by an authorized agent to

No. 19] The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

207

file the objection regarding their respective interests with regard to

acquisition and measurement of land, in this office within 15 days from

the date of issuance of this notification.

(Sd.)

KULBHUSHAN KHAJURIA, KAS,

Collector, Land Acquisition,

Assistant Commissioner (Revenue),

Samba.

————

Notice

I, Abimanyu (old name) S/o Sh. Chuni Lal R/o E/P 672, Gali Patoyan,

Rajinder Bazar, Jammu has changed my name from Abimanyu (old name)

to Abhimanyu Loach (New name). I, do hereby assume from this date the

name/surname Abhimanyu Loach (new name).

————

IN THE COURT OF JUDICIAL MAGISTRATE

IST CLASS/MUNSIFF, REASI.

Notice to General Public

In the Matter of :—Complaint u/s 523 Cr. P.C for disposal of seized vehicle/

vehicles/articles mentioned hereunder seized u/s 550

Cr. P.C. i. e. as un-claimed property.

Motorcycle Pulsar bearing Registration No.

JK02W-1307 Chassis No. DHVBLCO4018,

Engine No. DJGBKC37702

Proclamation

Whereas above referred vehicle seized u/s 550 Cr. P.C. by police of

Police Post, Talwara and till date no one has come forward to claim the

seized vehicle. Hence through the medium of this proclamation, public at

208 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.

[No. 19

large is hereby informed to stake claim over the above said vehicle and

establish his/her ownership within six months period from the date of

issuance of this proclamation failing which property shall be disposed of

in accordance with law.

Issued under my hand and signature today the day of 11th July, 2019.

(Sd.)

...

Munsiff,

Judicial Magistrate, Ist Class,

Reasi.

————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 8th August, 2019/17th Srav., 1941. [No. 19

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

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

separate compilation.

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

ADVERTISEMENTS––C

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE OF FORENSIC SCIENCE LABORATORY,

JAMMU AND KASHMIR/JAMMU.

Extension Notice

Owing to administrative reasons, the last date for receiving of bids

and online opening of technical bids of e-Tender Notice No. 11 of 2019

dated 01-07-2019 floated for supply and commissioning of UFED 4 PC

with cloud analyser and desktop analytics :—

Last date for receiving of bids

31-07-2019 up to 1600 hours.

Date for online opening of

02-08-2019 at 1100 hours.

technical bids

Other contents of the tender shall remain unchanged.

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

Officer Incharge,

Forensic Science Laboratory,

J&K, Srinagar.

———

72 The J&K Govt. Gazette, 8th August, 2019/17th Srav., 1941. [No. 19

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

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE OF FORENSIC SCIENCE LABORATORY,

JAMMU AND KASHMIR/JAMMU.

Corrigendum

During the pre-bid conference, the clarifications sought against the

e-NIT No. 57 of 2019 dated 09-07-2019 with regard to procurement of

Ballistic Comparison Microscope with Digital Photographic System with

Accessories, please read Annexure ‘A’ of specifications as follows :—

S. No. 3 should be read as : COMPARISION BRIDGE SHOULD

BE ADJUSTABLE AND VARIABLE WIDTH OF DIVIDING LINE

AND THE THICKNESS OF DIVIDING LINE ARE POWER DRIVEN

MOTORISED MAGNIFICATION CHANGER UPRIGHT AND ERECT

IMAGE FULLY MOTORIZED.

S. No. 5 should be read as : MOTORIZED ERGO-WORK BENCH

AND MOTORIZED HEIGHT ADJUSTABLE TABLE TABLE AREA

1200X550 MM MORE HEIGHT ADJUSTMENT WITH 300MM/

MOVEMENT.

S. No. 6 should be read as : SYSTEM SHOULD HAVE

TOW MOTORIZED X-Y PAGES WITH TRAVEL RANGE 50X50MM

OR MORE AND MOTORIZED COLUMN RANGE WITH ATLEAST

80MM.

S. No. 8 should be read as : CCD CAMERA WITH (5M PIXEL OR

MORE) MAXIMUM RESOLUTION WITH LATEST SOFTWARE

PACKAGES FOR RELATIVE COMPARISONS, IMAGE ANALYSIS,

ENHANCEMENT, ARCHIVING OF SAMPLES.

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

Administrative Officer,

Forensic Science Laboratory,

J&K, Srinagar.

No. 8-aal] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. Mon.

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

EXTRAORDINARY

REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 27th May, 2019.

SRO-382.––In exercise of the powers conferred by

sub-section (2) of section 27 of the Jammu and Kashmir Municipal

Act, 2000, the Government hereby notify the name of Shri Feroz Ahmad

Pandith S/o Shri Ali Mohammad Pandith R/o Najar Mohalla, Member,

Ward No. 06 of Municipal Committee, Langate to have been

declared as elected Vice-President of the Municipal Committee, Langate,

w. e. f. 19-11-2018.

By order of the Government of Jammu and Kashmir.

(Sd.)

DHEERAJ GUPTA,

Principal Secretary to Government,

Housing and Urban Development Department.

No. 8-aam] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. Mon.

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

EXTRAORDINARY

REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 27th May, 2019.

SRO-383.––In exercise of the powers conferred by

sub-section (2) of section 27 of the Jammu and Kashmir Municipal

Act, 2000, the Government hereby notify the name of Shri Babloo

Goswami S/o Shri Soomnath Goswami R/o Bongam, Kulgam, Member,

Ward No. 13 of Municipal Committee, Kulgam to have been

declared as elected Vice-President of the Municipal Committee, Kulgam,

w. e. f. 30-10-2018.

By order of the Government of Jammu and Kashmir.

(Sd.)

DHEERAJ GUPTA,

Principal Secretary to Government,

Housing and Urban Development Department.

No. 8-aan] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. Mon.

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

EXTRAORDINARY

REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 27th May, 2019.

SRO-384.––In exercise of the powers conferred by

sub-section (2) of section 27 of the Jammu and Kashmir Municipal

Act, 2000, the Government hereby notify the name of Shri Gh. Rasool

Sheikh S/o Haji Ab. Ahad Sheikh R/o Main Kunzer, Member,

Ward No. 02 of Municipal Committee, Kunzer to have been

declared as elected Vice-President of the Municipal Committee, Kunzer,

w. e. f. 05-11-2018.

By order of the Government of Jammu and Kashmir.

(Sd.)

DHEERAJ GUPTA,

Principal Secretary to Government,

Housing and Urban Development Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—GENERAL ADMINISTRATION

DEPARTMENT

(Services)

Notification

Srinagar, the 27th May, 2019.

SRO-385.––In exercise of the powers conferred by proviso to

section 124 of the Constitution of Jammu and Kashmir, the Governor

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Mon., the 27th May, 2019/6th Jyai., 1941. [No. 8-aao

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.

———–

The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941.

[No. 8-aao

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

hereby directs that the following amendments shall be made in the

Jammu and Kashmir Administrative Service Rules, 2008, namely :—

A. In Schedule-I,—

(a) After entry 87, the following entries shall be added :—

87 (a)

Deputy Commissioner, State Taxes,

Enforcement (South), Kashmir

87 (b)

Deputy Commissioner, State Taxes,

Enforcement (North), Kashmir

87 (c)

Deputy Commissioner, State Taxes,

Enforcement (Samba), Jammu

87 (d)

Deputy Commissioner, State Taxes,

Enforcement (North), Jammu

(b) In column 3 against entry at S. No. 89 regarding Additional

Deputy Commissioners, the figure 22 shall be substituted

by 23.

Secretaries to the Government, the figure 45 shall be

substituted by 95.

(d) In column 3 against entry at S. No. 132 regarding

Sub-Divisional Magistrates, the figure 64 shall be substituted

by 65.

(e) After entry 179, the following entries shall be

substituted :—

(A) Total number of senior cadre posts

608

(1-183 above)

(B) Deputation reserve @ 25% of (A)

152

above

No. 8-aao]

The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941.

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

(D) Leave reserve at 10% of (A) above

(E) Total (A to D)

882

––––

Total Cadre Strength

882

––––

B. In Schedule-V,—

(a) After entry 21, the following entries shall be added :—

21 (a)

Deputy Commissioner, State Taxes,

Enforcement (South), Kashmir

21 (b)

Deputy Commissioner, State Taxes,

Enforcement (North), Kashmir

21 (c)

Deputy Commissioner, State Taxes,

Enforcement (Samba), Jammu

21 (d)

Deputy Commissioner, State Taxes,

Enforcement (North), Jammu

(b) In column 3 against entry at S. No. 23 regarding Additional

Deputy Commissioners, the figure 22 shall be substituted

by 23.

number of posts, the figure 155 shall be substituted by

160.

C. In Schedule-VI,—

(a) In column 3 against entry at S. No. 1 regarding Deputy

Secretaries to the Government, the figure 45 shall be

substituted by 95.

(b) In column 3 against entry at S. No. 5 regarding Sub-

Divisional Magistrates, the figure 64 shall be substituted

by 65.

The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941.

[No. 8-aao

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

number of posts, the figure 277 shall be substituted

by 328.

By order of the Governor.

(Sd.)

FAROOQ AHMAD LONE, IAS,

Secretary to the Government,

General Administration Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF CULTURE

Notification

Srinagar, the 30th May, 2019.

SRO-386.––In exercise of the powers conferred by

sub-section (1) of section 3 of the Jammu and Kashmir Ancient

Monuments Preservation Act, Samvat 1977 (1920-AD) (Act No. V of

1977), the Government on the recommendations of the Director,

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 30th May, 2019/9th Jyai., 1941.

[No. 9-a

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.

———–

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-a

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

Archives, Archaeology and Museums, Jammu and Kashmir, intends to

declare following three sites of Zanskar, Kargil under Khasra Number

along with land measuring as indicated against each as “State Protected

Monuments” within the meaning of the said Act :—

Name of

Khasra

Name of the owner

Total land

Status of land

the Village

No.

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

K. M.

Pipcha

349

Bardan Gonpa in

07–08

Gair Mumkin

the name of Lama

Gonpa

Tashi Samphel

Sani

258/

Sani Khanikhar through

02–13/

Gair Mumkin

259

Lama Tashi Kushok

08–12

Gonpa

Stongday

557

Stongday Gonpa through

48–14

Gair Mumkin

Kushok Nari Tsewang

Gonpa

Further, in pursuance of sub-section (2) of the aforesaid

section 3, objections are invited from the general public to the aforesaid

proposal, which shall reach to Secretary to the Government, Department

of Culture, within a period of two months from the date of issuance/

publication of this notification in the newspaper or fixation of this

notification at a conspicuous place on the Monument.

By order of the Government of Jammu and Kashmir.

(Sd.)

ZUBAIR AHMAD, KAS,

Secretary to the Government,

Department of Culture.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 30th May, 2019.

SRO-387.––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 following officers to be the Executive

Magistrate of the First Class who shall exercise all the powers of an

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 30th May, 2019/9th Jyai., 1941.

[No. 9-b

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

separate compilation.

PART I–B

Jammu and Kashmir Government––Notifications.

———–

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-b

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

Executive Magistrate of the First Class within their respective territorial

jurisdiction of District Rajouri :—

Name of the Officer

Designation

No.

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

S/Shri

Anjum Bashir Khan Khatak,

Tehsildar, Thana Mandi

Jr. KAS

Dhruv Gupta, Jr. KAS

Tehsildar, Siot

Syed Sahil Ali, Jr. KAS

Tehsildar, Khawas

Ravinder Kumar Anand

Tehsildar, Koteranka

Jatinder Singh

I/c Tehsildar, Sunderbani

Munshi Ram

I/c Tehsildar, Taryath

Anil Charak

I/c Tehsildar, Darjal

Babu Ram

L/A Tehsildar, Nowshera

Mohd Sageer

L/A Tehsildar, Manjakote

By order of the Government of Jammu and Kashmir.

(Sd.)

ACHAL SETHI,

Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-388.––Whereas, on 24-04-2015, Police Station, Hajin received

an information through reliable sources to the effect that after offering

Friday prayers some Hurriyat Conference affiliated persons namely

1. Assadullah Parray 2. Showkat Ahmad Hajam @ Hakeem 3. Mehraj-

ud-Din Gojree 4. Ab. Majeed Lone 5. Masroor Ahmad Rather 6. Ali

Mohammad Dar @ Master and 7. Ab. Hamid Parray @ Gadai have

assembled at Bus Stand, Hajin in protest against the detention under

PSA of Massarat Alam, Chairman, Muslim League and provoking the

general public against sovereignty, and integrity of Nation by raising

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 30th May, 2019/9th Jyai., 1941.

[No. 9-c

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

separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-c

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

Anti-India and pro Pakistan slogans besides are preaching general public

to support militant organizations ; and

2. Whereas, a case FIR No. 22/2015 u/s 13 UAPA, 1967 was

registered at Police Station, Hajin and investigation taken up ; and

3. Whereas, during the course of investigation, site plan of place

of occurrence was prepared and statement of witnesses were recorded

under section 161, Cr. Pc. besides statement of material witnesses were

recorded under section 164-A Cr. Pc. Statement of witnesses so

recorded inter alia reveal that accused namely 1. Assadullah Parray

2. Showkat Ahmad Hajam @ Hakeem 3. Mehraj-ud-Din Gojree 4. Ab.

Majeed Lone 5. Masroor Ahmad Rather 6. Ali Mohammad Dar

@ Master and 7. Ab. Hamid Parray @ Gadai after offering Friday

Prayers raised Anti-National and pro Pakistan slogans at Bus Stand,

Hajin in protest against the detention under PSA of Muslim League

Chairman, Masarat Alam. The accused also instigated the people to

support Anti-National Organizations in their cause. Evidence collected

established the commission of offence punishable under section 13 UAP

Act against accused namely 1. Assadullah Parray S/o Ab. Gani Parray

R/o Syed Mohalla, Hajin 2. Showkat Ahmad Hajam @ Hakeem

S/o Gh. Mohammad Hajam R/o Paribal, Hajin 3. Mehraj-ud-Din Gojree

S/o Gh. Qadir Gojree R/o Hajin 4. Ab. Majeed Lone S/o Mohammad

Maqbool Lone R/o Vijpara 5. Masroor Ahmad Rather S/o Gh.

Mohammad Rather R/o Safapora 6. Ali Mohammad Dar @ Mastter

S/o Mohammad Maqbool Dar R/o Danger Mohalla, Hajin and 7. Ab.

Hamid Parray @ Gadai S/o Gh. Nabi Parray R/o Syed Mohalla, Hajin

and accordingly the investigation of case has been concluded as proved

against them. It is further submitted that accused 1-4 have been arrested

and later bailed out by Hon’ble Court, however accused 5-7 namely

1. Nazir Ahmad Ahanger 2. Manzoor Ahmad Hajam and 3. Mehraj-

ud-Din Gojree are absconding against whom proceedings u/s 512

Cr. Pc. have been proposed ; and

4. 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

No. 9-c]

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

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

come to a definite conclusion that this is a fit case for accord of

prosecution sanction against the said accused persons ; and

5. 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

(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.

6. 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 accords sanction for launching

prosecution against the accused persons namely 1. Assadullah Parray

S/o Ab. Gani Parray R/o Syed Mohalla, Hajin 2. Showkat Ahmad Hajam

@ Hakeem S/o Gh. Mohammad Hajam R/o Paribal, Hajin 3. Mehraj-

ud-Din Gojree S/o Gh. Qadir Gojree R/o Hajin 4. Ab. Majeed Lone

S/o Mohammad Maqbool Lone R/o Vijpara 5. Masroor Ahmad Rather

S/o Gh. Mohammad Rather R/o Safapora 6. Ali Mohammad Dar

@ Master S/o Mohammad Maqbool Dar R/o Danger Mohalla, Hajin

and 7. Ab. Hamid Parray @ Gadai S/o Gh. Nabi Parray R/o Syed

Mohalla, Hajin for commission of offence punishable u/s 13 UAP

Act, 1967 arising out of FIR No. 22/2015 of Police Station, Hajin.

By order of the Government of Jammu & Kashmir.

(Sd.)

.........................

Principal Secretary to the Government,

Home Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-389.––Whereas, on 07-06-2018, Police Station, Kulgam

reliably came to know that one self styled commander of LeT namely

Shakoor Ahmad Dar @ Abu Bakar is active in the jurisdicition of

P/S Kulgam who is planning to snatch the weapons from Security

Forces/Police. The said commander has organised a group of members

namely: l. Sheeraz Ahmad Shargojri S/o Mohd Shaban 2. Adil Nazir

Wagay S/o Nazir Ahmad Wagay 3. Zahid Ahmad Shargojri S/o Ab.

Satar R/o Chamgund, Kulgam headed by Ajaz Ahmad Bhat S/o

Hafizullah Bhat R/o Chennigam. The said group has been assigned with

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 30th May., 2019/9th Jyai., 1941.

[No. 9-d

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

separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-d

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

a task to make discreet identification of the guard posts/naka’s in order

to snatch the weapon easily from Security Force/Police etc. ; and

2. Whereas, a case FIR No. 98/2018 U/Ss 13(2), 18, 39 UAP

Act, 1967 at Police Station, Kulgam was registered and investigation

was set into motion ; and

3. Whereas, during the course of investigation and as per the

evidences collected, it has been found that the accused persons namely

01. Ajaz Ahmad Bhat S/o Hafizullah Bhat R/o Chennigam Frisal

02. Sheeraz Ahmad Shargojri S/o Mohd Shaban Shargojri R/o Chambgund,

Pahloo 03. Adil Nazir Wagay S/o Nazir Ahmad Wagay R/o Chambgund,

Pahloo 04. Zahid Ahmad Shargojri S/o Ab. Satar R/o Chamgund Phaloo

05. Shakoor Ahmad Dar @ Abu Bakar S/o Mohammad Munawar

R/o Sopat have been found involved for the commision of offences

U/Ss 13(2), 18, 39 UAPA ; and

4. Whereas, on the basis of the material collected during the course

of investigation and the statement of witnesses recorded by the

investgating agency prima facie established a case punishable U/Ss

13, 18, 39 UAPA Act against five accused persons namely 01. Ajaz

Ahmad Bhat S/o Hafizullah Bhat R/o Chenigam Frisal 02. Sheeraz

Ahmad Shargojri S/o Mohd Shaban Shergojri R/o Chambgund Pahloo

03. Adil Nazir Wagay S/o Nazir Ahmad Wagay R/o Chambgund, Pahloo

04. Zahid Ahmad Shargojri S/o Ab. Satar R/o Chamgund, Phaloo

05. Shakoor Ahmad Dar @ Abu Bakar S/o Mohammad Munawar

R/o Sopat and investigation of case has been concluded as proved.

It is further submitted that accused No. 05 Shakoor Ahmad Dar

@ Abu Bakar S/o Mohammad Munawar R/o Sopat has been killed

in an encounter at Chidder, Kulgam on 24-06-2018 as per copy of FIR

placed on record ; and

5. 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 prosecution

sanction against the said accused persons ; and

No. 9-d]

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

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

6. 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

(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 provisions of law.

7. 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 accords sanction for launching

prosecution against the accused persons namely 01. Ajaz Ahmad Bhat

S/o Hafizullah Bhat R/o Chenigam Frisal 02. Sheeraz Ahmad Shergojri

S/o Mohd Shaban Shergojri R/o Chamgund, Pahloo 03. Adil Nazir Wagay

S/o Nazir Ahmad Wagay R/o Chamgund, Pahloo 04. Zahid Ahmad

Shargojri S/o Ab. Satar R/o Chamgund Phaloo for commission of

offences punishable U/Ss 13(2), 18 & 39 ULA(P) Act, 1967 in case

FIR No. 98/2018 of Police Station, Kulgam.

By order of the Government of Jammu & Kashmir.

(Sd.)

.........................

Principal Secretary to the Government,

Home Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-390.––Whereas, on 10-07-2015 a Police Party of SOG,

Jammu headed by PSI Ajay Kumar was conducting patrolling duty in

the area of Bus Stand, Jammu and while conducting Patrolling at about

22 : 25 hours, when the Police Party reached at K. C Chowk, BC

Road, Jammu they found two unknown persons carrying a bag each,

who on seeing the Police Party tried to escape from there. The Police

Party tactfully apprehended them who disclosed their names as Abdul

Rashid S/o Mohammad Shaban R/o Satkipura, Tehsil Bijbehara, District

Anantnag and Abdul Gani Sheikh S/o Ghulam Qadir R/o Gundow, Tehsil

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 30th May, 2019/9th Jyai., 1941.

[No. 9-e

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.

———–

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-e

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

Gundoh, District Doda and on conducting their personal search, a black

coloured bag on which “AIR PASSSAGE” was written in English

containing 250 Indian Currency Notes of 1000/1000 denomination was

recovered from the possession of Abdul Rashid and a white coloured

bag on which “WEST LOOK” was written in English containing 100

Indian Currency Notes of 500/500 denomination was recovered from

the possession of Abdul Gani. On being asked they disclosed that all

the said Indian Currency Notes i. e. of Rs. 1000/- and Rs. 500/ are

fake and they have bought it from Kolkata (W. B.) ; and

2. Whereas, a case FIR No. 29/2015 U/S 489-B/489-C/RPC was

registered in Police Station, Bus Stand, Jammu and investigation taken

up ; and

3. Whereas, during the course of investigation, site plan was

prepared, and statements of witnesses were recorded under

sections 161, 164-A and placed on file. During further investigation, the

seized currency was sent for FSL examination and opinion thereon was

obtained and placed on record. The opinion received revealed that the

seized currency is made of high quality fake notes ; and

4. Whereas, during the course of further investigation, the accused

duo disclosed the name of other three persons namely l. Maid-ul-Islam

S/o Abdul Zabbar R/o Lusurdi Tola, Mahabbatpur, Kaliachak Malda,

West Bengal 2. Mohd Iqbal S/o Mohd Sharief R/o Gurakhar, Tehsil

Gundho, Distict Doda and 3. Mushtaq Ahmad R/o Janglat Colony,

Anantnag who have been party to the said crime. They further revealed

that Mohammad Iqbal had deputed them to West Bengal and had

provided them some money along with his own ATM card with the

directions to meet Maid-ul-Islam in West Bengal and collect fake

currency notes and that if additional is required, the same can be

withdrawn from the said ATM Card which was recovered from the

possession of accused Abdul Gani. On this, both the accused went to

West Bengal and collected fake currency from Maid-ul-Islam as per

the directions of Mohd Iqbal. Accordingly accused namely Mohd Iqbal

S/o Mohd Sharief R/o Gurakhar, Tehsil Gandoh, District Doda was

arrested in the case who revealed his link with above mentioned three

No. 9-e]

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

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

accused persons and that he has given his ATM card to accused Abdul

Gani Sheikh for withdrawal of money if needed for the purchase of

fake currency.

5. Further, investigation conducted revealed that the accused

namely Abdul Gani Sheikh S/o Ghulam Qadir R/o Gandoh-C, Tehsil

Gandoh, District Doda (b) Abdul Rashid S/o Mohd Shahban R/o

Satkipura Tehsil Bijbehara, District Anantnag (c) Mohd Iqbal S/o Mohd

Sharief R/o Gurakhar, Tehsil Gandoh, District Doda have liaised with

one Maid-ul-Islam S/o Abdul Zabbar R/o Lusurdi Tola, Mahabbatpur,

Kaliachak Malda, West Bengal and Mushtaq Ahmed R/o Junglat Colony,

Anantnag in bringing FICN to the state and are involved in deferring/

weakening the Indian economy. That the name of accused Mushtaq

Ahmad R/o Janglat Colony, Anantnag was dropped from the list of

accused as no such person with such name and address existed in

District Anantnag as was verified from the concerned Police Station

and the report/documents obtained were made part of the CD file.

During the course of investigation, Questionnaires were served to all

the three arrested accused persons who didn't bother to reply till

date ; and

6. Whereas, investigation conducted prima facie established

the commission of offences punishable U/Ss 489-B/489-C RPC 15 (1)

(II1-a)/RW 16/17 of ULAP Act against two accused persons namely

(1) Abdul Gani Sheikh S/o Ghulam Qadir R/o Gundoo-C, Tehsil Gandoh,

District Doda (2) Abdul Rashid S/o Mohd Shahban R/o Satkipura, Tehsil

Bijbehara, District Anantnag and offence u/s 109 RPC has been proved

against the accused persons namely (3) Mohd Iqbal S/o Mohd Sharief

R/o Gurakhar, Tehsil Gandho, District Doda and (4) Miad-ul-Islam

S/o Abdul Zabbar R/o Lusurdi Tola, Mahabbatpur Kaliachak Malda,

West Bengal. That the accused No. 4 is absconding as he could not

be traced in West Bengal and against whom proceedings u/s 512 have

been initiated ; and

7. 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

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-e

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come to a definite conclusion that this is a fit case for accord of

prosecution sanction against the said accused persons ; and

8. 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

(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 provisions of law.

9. 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 accords sanction for

launching prosecution against the accused persons namely Abdul Gani

Sheikh S/o Ghulam Qadir R/o Gandoo-C, Tehsil Gandoh, District

Doda and Abdul Rashid S/o Mohd Shaban R/o Satkipura Tehsil

Bijbehara, District Anantnag for the commission of offences punishable

u/s 15(l) a (lll-a) r/w 16/17(b) of the Unlawful Activities (Prevention)

Act, 1967 arising out of FIR No. 29/2015 of P/S, Bus Stand, Jammu.

By order of the Government of Jammu & Kashmir.

(Sd.)

.........................

Principal Secretary to the Government,

Home Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-391.––Whereas, on 04-01-2017, Police Station, Kothibagh

received an information that at Press Colony, Residency Road, Srinagar,

Mst. Anjum Zamrooda Habib, Chairperson of Hurriyat Conference

women group along with some other women raised anti-national slogans

against the Union of India and Government of J&K State and in support

and favour of Pakistan, besides damaged the foundation stone laid for

multistory parking of Srinagar Development Authority at Lalchowk. This

action on part of the accused have encouraged and furthered the agenda

of banned organization who are working for the secession of J&K State

from the rest of India ; and

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 30th May, 2019/9th Jyai., 1941.

[No. 9-f

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.

———–

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

[No. 9-f

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

2. Whereas, a case FIR No. 03/2017 U/S 13 ULA(P) Act, 1967

was registered at Police Station, Kothibagh and investigation was taken

up ; and

3. Whereas, during course of investigation site plan of place of

occurrence was prepared. Statement of witnesses acquainted with the

facts and circumstances of the case were recorded under relevant

provisions of law. During further investigation, copy of Newspaper Daily

Greater Kashmir dated 5th January, 2017 in which the occurrence of

the illegal act was reported/published was seized as piece of evidence

and seizure memo prepared. Investigation conducted revealed that the

accused persons raised anti National and Pro Pak Slogans, besides,

partly damaged the newly laid foundation stone of SDA parking Srinagar.

Investigation also revealed that the group of accused women was lead

by accused Zamrooda Habib, however, other accused could not be

identified as they had been wearing veils. Cogent evidence, oral and

documentary brought on record prima facie establishes a case u/s 13

UAP Act, 427 RPC against accused Zamrooda Habib D/o Habibullah

Bhat R/o Custodian Colony, Parray Pora Baght, Srinagar and accordingly

investigation has been concluded as proved ; and

4· 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

prosecution sanction against the said accused lady ; and

5. 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

(Prevention) Act, 1967, the State Government is of the view that there

is sufficient material and evidence available against the accused lady

for her prosecution under the aforesaid provision of law.

6. 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 accords sanction for launching

No. 9-f]

The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941.

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

prosecution against the accused lady namely Zamrooda Habib D/o

Habibullah Bhat R/o Custodian Colony, Parray Pora Baghat, Srinagar

U/S 13 UAP Act in case FIR No. 03/2017 of Police Station, Kothibagh.

By order of the Government of Jammu & Kashmir.

(Sd.)

.........................

Principal Secretary to the Government,

Home Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 4th July, 2019/13th Asad., 1941. [No. 14-1

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

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

separate compilation.

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

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS.

Notification

Srinagar 04th of July, 2019.

Whereas, the Government of Jammu and Kashmir intends to appoint

Public Notaries under section 3 of the Notaries Act, 1952 for varous territorial

jurisdictions in Kashmir/Ladakh Divisions ;

Whereas, the candidates listed at annexure have qualified in the

interview for appointment as Public Notaries and the Competent Authority

has accepted the applications of the said candidates for their appointment

as Public Notary for the territorial Jurisdiction shown against each as

recommended by the Interview Board.

EXTRAORDINARY

REGD. NO. JK–33

The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941. [No. 14-1

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

Now, therefore, in pursuance of clause (b) of rule 6 of the Notaries

Rules, 1956, the name of the said applicants are hereby published in the

Government Gazette.

Any person/Society/Association/Authority in the area where the

applicants propose to practice as Notary, interested in filing objections to

the appointment of the said applicants as Notary may submit the same to

the Competent Authority within a period of 07 days from the date of

publication of this notice in the Government Gazette.

(Sd.) ACHAL SETHI,

Secretary to Government,

Department of Law, Justice and PA

(Competent Authority under the Notaries Act, 1952).

—————

No. 14-1] The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941. 3

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

Annexure

S. No.

Name of the Advocate

Area of Pratice/

Notarial

Jurisdiction

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

Nazia Hashim

Srinagar

Mushtaq Ahmad Bhat

Srinagar

Gousia Jan

Srinagar

Hashmatullah

Srinagar

Iftikhar Ahmad Qadri

Srinagar

Sheema Qulsum

Srinagar

Mirza Aneela Afzal Beg

Srinagar

Arifa Amin Tak

Srinagar

Nazia Hassan

Srinagar

10.

Lateef Ahmad Khan

Beerwah

11.

Yakoob Hussain Sofi

Beerwah

12.

Ghulam Ahmad Mir

D.C. Office,

Budgam

13.

Shaista Wani

Magam

14.

Sheikh Ishfaq Rasool

Chadoora

15.

Ali Mohammed Fayaz

D. H. Pora

16.

Shagufta Akhter

Qazigund

17.

Khurshid Ahmad Sheikh

Qazigund

18.

Jasbir Singh

Ashmuqam

19.

Inayatullah Ganai

Anantnag

20.

Tariq Hussain Shah

Pahalgam

21.

Feroz Ahmad Wani

Pahalgam

22.

Abdul Hamid Mir

Shangus

23.

Parvaiz Ahmad Ganai

Anantnag

24.

Khursheed Ahmad Wani

Dooru

25.

Abdul Aziz Shah

D. C. Office,

Anantnag

The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941. [No. 14-1

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

26.

Waheeda Akhter

Pulwama

27.

Bilal Ahmad Dhobi

Pulwama

28.

Fayaz Ahmad Ganai

Awantipura

29.

Shoaib Muzaffar

Chandoosa

30.

Abdul Khaliq Sheikh

Boniyar

31.

Faisal Jan

Rafiabad

32.

Ishfaq Ahmad Bhat

Pattan

33.

Shamim Ahmed

Uri

34.

Abdul Rashid Malik

Handwara

35.

Asif Hussain Wani

Trehgam

36.

Ghulam Mohidin Parry

Sumbal

37.

Feroze Ahmad Sofi

Bandipora

38.

Asif Iqbal

Gurez

39.

Nisar Ahmed

Kangan

40.

Abdul Khaliq

Khaltse

41.

Tashi Gyalson

Leh

42.

Sonam Paljor

Leh

43.

Disket Wangmo

Leh

44.

Touseef Ahmad

Leh

45.

Siddharth Norbu

Khaliste

46.

Stanzin Dawa

Leh

47.

Stanzin Dachom

Zanskar

48.

Reyaz Ahmad Khan

Kargil

49.

Amina Bano

Kupwara

50.

Showkat Ali Khan

Anantnag

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

THE JAMMU AND KASHMIR STATE LEGAL SERVICES

AUTHORITY (FREE AND COMPETENT LEGAL SERVICES)

REGULATIONS, 2010.

Notification

Jammu, the 28th May, 2019.

No. 01/J&K/SLSA.—In exercise of the powers conferred by

section 27 of the Jammu and Kashmir State Legal Services Authorities

Act, 1997 (Act XXXIII of 1997, the J&K State Legal Services Authority

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Tue., the 28th May, 2019/7th Jyai., 1941.

[No. 8-1

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

separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

[No. 8-1

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hereby makes the following regulations, further to amend the State

Legal Services Authority (Free and Competent Legal Services)

Regulations, 2010 namely :—

Short title, extent and commencement.—(1) These regulations

may be called the J&K State Legal Services Authority (Free and

Competent Legal Services) Amendment Regulations, 2019.

(2) They shall be applicable to State Legal Services Authorities,

High Court Legal Services Committee, District Legal Services Authorities

and Tehsil Legal Services Committees in the State of J&K.

(3) They shall come into force from the date of their publication

in the Official Gazette.

Definitions.—(1) In these regulations, unless the context

otherwise requires,—

For Regulation 2 clause (e) the following clauses (ea) and

(eb) shall be added :—

1(ea) “Monitoring and Mentoring Committee” means the

Committees set up under regulation 10 ;

(eb) “Panel Lawyer” means a legal practitioner empanelled

as a Panel lawyer under regulation 8 ;

For Regulation 2 clause (g), the following shall be

substituted :—

(g) “Para-Legal Volunteer” means a para-legal volunteer

trained ²under the National Legal Services Authority Scheme

for Para Legal Volunteers’ and empanelled by a Legal Services

Institution ;

For Regulation 2 clause (g), the following clause (ga) shall

be inserted :—

3(ga) “Retainer Lawyer” means a Panel Lawyer designated

as the Retainer Lawyer under sub-regulation (9) of

regulation 8 ;

No. 8-1]

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

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

For Regulation 2, the following clause (j) shall be

added :—

(a) ⁴“State regulation” means regulation made by the State

Authority under the Act.

For Regulation 4 in clause (1), the following shall be

inserted :—

After the words “manned by” the words ⁵“a Retainer Lawyer

on rotational basis and” shall be inserted—

For Regulation 4 in clause (1), the following shall be

added :—

6Provided that persons with the qualification of ‘Masters

Degree in Social Work or Diploma or Masters’ Degree in

psychiatry or psychology from any recognised institute or

university may also be called to the front office as and when

necessary.

Sub-Regulation 4(2) shall be omitted.

7(2) ******

For Regulation 4 clauses (3) and (4) following shall be

substituted :—

8(3) The Para-Legal Volunteers in the front office shall render

services such as issuing of simple notices, drafting of applications

and petitions, providing basic information on the course of

action to be taken in a situation and to act as an intermediary

between the persons in need of legal services and the legal

services institutions to enable such persons to gain access to

justice.

9(4) The Para-Legal Volunteers or the panel lawyer or the

retainer lawyer, as the case may be, in the front office may

obtain secretarial assistance from the staff of the Legal

Services Institutions.

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

[No. 8-1

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

Sub-Regulation 4(2) shall be omitted.

10(5) ********

4. In the Principal Regulation, for Regulation 5, for

clauses (1), (2) & (3) the following Regulation shall be substituted

namely :—

115. Proof of entitlement of free legal services.—(1) A self-

certificate of the applicant, along with self-attested copy of

relevant documents or certificates, if any, that he falls under the

categories of persons entitled to free legal services under section

12 of the Act shall ordinarily be sufficient.

12(2) *********

13(3) ********

5. In the Principal Regulation, for Regulation 7, the following

Regulation shall be substituted namely :—

147. Scrutiny and evaluation of the application for free legal

services.—(1) The application for legal services, for eligibility

of the applicant and existence of a prima facie case to prosecute

or to defend, shall be scrutinised by the Member-Secretary or

Secretary, as the case may be, or any officer, deputed by

him :

Provided that a defendant in a civil case and an accused or a

convict in a criminal case shall be deemed to have prima facie case

to defend or to file an appeal against his conviction and sentence :

Provided further that in case, there is some difficulty to determine

the prima facie case to prosecute, the Member-Secretary or Secretary

may for this purpose, seek opinion from a panel lawyer having more

than seven years standing at the Bar :

Provided further that in case of the Supreme Court Legal Services

Committee, the Secretary shall seek opinion from an Advocate having

more than fifteen years standing at the Bar.

(2) A decision on application for legal services shall be taken

immediately, but not more than seven days from the date of receipt

of the application.

No. 8-1]

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

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

(3) If the applicant is not covered under the categories mentioned

in section 12, he or she shall be advised to seek assistance from any

other body or person rendering free legal services either voluntarily or

under any other scheme.

(4) The Legal Services Institution shall maintain a list of such

agencies, institutions or persons who have expressed willingness to

render free legal services.

(5) Any person aggrieved by the decision or order of the Member-

Secretary or the Secretary, as the case may be, he may prefer appeal

to the Executive Chairman or Chairman of the Legal Services Institution

and the decision or order in appeal shall be final.

(6) In case the Member-Secretary or Secretary of the Legal

Services Institution decides to provide legal services through a panel

lawyer, the choice of the panel lawyer, if expressed by the applicant,

may be considered.

6. In Regulation 8 Sub-Regulation (2) after the words

“Presidents of the Bar Associations” the words “Monitoring and

Mentoring Committee set up under regulation 10” shall be inserted

and also in sub-regulation 8(2), the following shall be added :—

“Provided that the Executive Chairman or Chairman of the Legal

Services Institution may also suo moto empanel any legal

practitioner”;

For Regulation 8 of clause (6), the following Sub-clause (6a)

& (6b) shall be added :—

(6a) There may be representation of the Scheduled Castes, the

Scheduled Tribes, women and differently abled lawyers in the

panel.

(6b) The Member-Secretary or Secretary, as the case may be,

may assign a case to a panel lawyer of a subject matter other

than for which he has been empanelled.

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

[No. 8-1

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

In the Principal Regulation, for Regulation 8 Clause (8) Sub-

Clause (a) to (c) and Clause 9 Sub-Clause (a) to (c), the following

Regulation shall be substituted namely :—

8(8) The strength of Retainer lawyers shall not exceed,—

(a) fifteen in the High Court Legal Services Committee ;

(b) ten in the District Legal Authority ;

8(9) The honorarium payable to Retainer lawyer shall not

be less than,—

(a) Rs. I0,000/- rupees ten thousand per month in the case of

State Legal Services Authority or High Court Legal Services

Committee ;

(b) Rs. 7500/- rupees Seven thousand five hundred per month

in the case of District Legal Services Authority and Armed

Forces Tribunal.

the Tehsil Legal Services Committee :

In the Principal Regulation, for Regulation 8 Clause (11),

the following Regulation shall be substituted namely :—

“8(11) The panel prepared under sub-regulation (2) for the period

of three years shall also be reviewed and updated periodically

by the Executive Chairman or the Chairman, as the case may

be, keeping in view the performance of the panel lawyers”.

In the Principal Regulation, for Regulation 8 after Clause

(15) Clause (16) shall be added namely :—

8(16) (i) The panel lawyers shall undergo training periodically

as per modules prepared by the National Legal Services Authority

and the State Legal Services Authority.

(ii) The participation in the training programme shall be a relevant

consideration for the retention or continuation of panel lawyers.

No. 8-1]

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

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

7. In the Principal Regulation, for Regulation 9, the following

Regulation shall be substituted namely :—

9. Legal services by way of legal advice, consultation,

drafting and conveyancing.—(1) The Executive Chairman or Chairman

of the Legal Services Institution may maintain a separate panel of senior

lawyers, law firms, retired judicial officers, mediators, conciliators and

law professors in the law universities or law colleges for providing legal

advice and other legal services like drafting and conveyancing.

(2) The Executive Chairman or Chairman of the Legal Services

Institution, as the case may be, may maintain a separate panel of retired

senior bureaucrats, senior executives, retired police officials, doctors,

engineers, psychiatrists, marriage counsellors, chartered accountants,

educationists and other experts of the specialised field for legal services

and honorarium payable to them sha1l be decided by the Executive

Chairman of State Legal Services Authority or the Chairman of the

Supreme Court Legal Committee, as the case may be.

(3) The Member-Secretary may send a request to Senior

Advocates to volunteer their pro bono professional services for rendering

advice as and when required.”.

8. In the Principal Regulation, for Regulation 10, the

following Regulation shall be substituted namely :—

10. Monitoring and Mentoring Committee.—(1) Every Legal

Services Institution shall set up a Monitoring and Mentoring Committee

for close monitoring of the court based legal services rendered and

the progress of the cases in the legal aided matters and to guide and

advise the panel lawyers.

(2) The Monitoring and Mentoring Committee at the level

of the High Court shall consist of :—

(i) a sitting or retired Judge of the High Court or a Senior

Advocate as may be nominated by the Chairman, High Court Legal

Services Committee ;

(ii) Secretary, High Court Legal Services Committee.

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

[No. 8-1

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

(3) The Monitoring and Mentoring Committee at the State or

District Legal Services Authority shall consist of,—

(i)

Member-Secretary or Secretary of the Legal Services

Institution, as the case may be ;

(ii)

one serving judicial officer from the State Higher Judicial

Service ;

(iii)

one retired judicial officer or one Advocate of fifteen years

standing or more.

(4) The Monitoring and Mentoring Committee at the Tehsil Legal

Services Committee shall consist of :—

(i)

Chairman of the Tehsil Legal Services Committee ;

(ii)

one retired judicial officer ; or

(iii)

one advocate of 10 years standing or more.

(5) The members of the Monitoring and Mentoring Committee

shall render their services on the days as may be required and fixed

by the Executive Chairman or Chairman of the Legal Services Institution

and the members except serving Judicial Officers shall be paid the

honorarium as fixed by the Executive Chairman.

9. In the Principal Regulation, for Regulation 11, the following

Regulation shall be substituted namely :—

1711. Procedure of the Monitoring and Mentoring

Committee.— (1) Whenever court based legal aid is provided

to an applicant, the Member-Secretary or Secretary as the case

may be, shall send the details in Form-II to the Monitoring and

Mentoring Committee at the earliest.

(2) The Legal Services Institution shall provide adequate staff

and infrastructure to the Monitoring and Mentoring Committee for

maintaining the records of the day-to-day progress of the legal

aided cases.

No. 8-1]

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

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

(3) The Monitoring and Mentoring Committee shall assist the

Legal Services Institution in organising training programmes for

panel lawyers from time-to-time to enhance the skill of the panel

lawyers.

(4) The Monitoring and Mentoring Committee shall mentor the

panel lawyers and guide them in providing quality legal services.

(5) The Monitoring and Mentoring Committee shal1 maintain a

progress of the case and the end result (success or failure) in

respect of cases for which legal aid is allowed and the said register

shall be scrutinized every month by the Member-Secretary or

Secretary or the Chairman, as the case may be.

(6) The Legal Services Institution may request the Presiding

Officer of the court to allow access to the registers maintained

by the court for ascertaining the progress of the cases.

(7) The Monitoring and Mentoring Committee shall keep a watch

on the progress of the case by calling for reports from the panel

lwyers within such time as may be determined by the Committee.

(8) If the progress of the case is not stisfactory, the Committee

may advise the Legal Services Institution to take appropriate steps.

(9) The Committees shall meet at least once in a fortnight.

(10) The Monitoring and Mentoring Committee may meet as and

when the meetmg is convened by the Member-Secretary or the

Secretary as the case may be.

10. In the principal regulations, in regulation 12, for the words

“Monitoring Committee” occurring at both the places, the words

“Monitoring and Mentoring Committee” shall be substituted.

11. In the principal regulations, in regulation 13, for the words

“Monitoring Committee” occurring at both the places, the words

“Monitoring and Mentoring Committee” shall be substituted.

The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941.

[No. 8-1

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12. In the principal regulations, in regulation 15, for the words

“Monitoring Committee”, the words “Monitoring and Mentoring

Committee” shall be substituted.

13. In the principal regulations, in regulation 16, for the words

“Monitoring Committee”, the words “Monitoring and Mentoring

Committee” shall be substituted.

14. In Form II of the principal regulations, in the heading, for

the words “Monitoring Committee” the words “Monitoring and

Mentoring Committee” shall be substituted.

(Sd.)

M. A. CHOWDHARY,

Member-Secretary.