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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 24, 12 September 2019

Published 12 September 2019

Gazette no.
24
Identifier
in.gazette.jammuandkashmir.2019-09-12.24
Languages
English, Urdu
Published at
Original source ↗

REGD NO . JK-33

JAMMU & KASHMIR

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 24

Jammu , Thu. , the 12th Sept. , 2019 /21st Bhad . , 1941.

Vol . 132]

CONTENTS

Vernacu- lar pages

English Pages

PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers

236-240

PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers

317-332

PART II - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....

47-48

PART II- B- Notifications , Notices and Orders by Heads of Departments , Provincial Heads , Magistrates and other officers competent to issue public notices under any law or rule ....

229-236

PART II - C- Notifications , Notices and Orders by Election Commission of India , Chief Electoral Officer , Jammu and Kashmir and other Officers of the Department , Election Petitions and Judgements of Election Tribunal

PART III- Laws , Regulations and Rules passed thereunder

PART IV- Reprints from the Government of India Gazette or Gazettes of others Governments ....

PART V- Information and Statistics

(a) Rates and prices in the State....

(b) Rates and wages

(c) Crop Report and Forecasts ....

(d) Whether Observations

( e) Vital Statistics

SUPPLEMENT - A - Trade

Monthly Imports and Exports from

the State

SUPPLEMENT- B - Police

SUPPLEMENT- C - Advertisements

91-92 183-196

Printed at the Ranbir Government Press , Jammu .

236 The J& K Govt. Gazette, 12th Sept. , 2019/ 21st Bhad. , 1941. [ No. 24

PART I - A

Jammu & Kashmir Government - Orders

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

(Exercising Powers of Bar Council under section 58 of the Advocates Act , 1961 ) .

Notification

No. 1674 Dated 29-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Preetika Thakur D/ o Sh . Surjeet Singh Bali R/ o Vill . Alinbass Pogal Paristan Ukhral , Ramban , A/ P H. No. 63 , Sector - A , Pamposh Colony, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional/ LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 84/ 2019 in the Roll of Advocates maintained by this Registry .

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

Notification

No. 1701 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Palak Sharma D/ o Sh . Surinder Kumar Sharma R/ o H. No. 26 , Opp . J& K Bank, Near Satya Narayan Temple, Panjtirthi , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her No. 24 ] The J& K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941. 237

Provisional / LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 79/ 2019 in the Roll of Advocates maintained by this Registry .

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

Notification

No. 1704 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Ranju Kumari D / o Sh . Charanjeet Singh R/ o Dron Kirani , Thatari , Doda has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional/ LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 91 /2019 in the Roll of Advocates maintained by this Registry.

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

Notification

No. 1705 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Malvika Uppal D/ o Sh. Nirdosh Uppal R / o E - 29 , Dashmesh Nagar , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional / LL.B Degree Certificate from the concerned 238 The J& K Govt . Gazette , 12th Sept. , 2019/21st Bhad. , 1941. [ No. 24

University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK - 69/ 2019 in the Roll of Advocates maintained by this Registry.

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

Notification

No. 1706 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Ravinder Kumar Pandita S/ o Sh . Raj Nath Pandita R/ o H. No. 8 , Lane No. 6 , Naseeb Nagar, Janipur, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional / LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 92/ 2019 in the Roll of Advocates maintained by this Registry.

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

Notification

No. 1707 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Renu Bhagat D/ o Sh . Lal Chand R/ o Kathar , Kothey, Bishnah , Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional/ LL.B Degree Certificate from the concerned No. 24 ] The J& K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad . , 1941. 239

University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 93 /2019 in the Roll of Advocates maintained by this Registry .

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

Notification

No. 1708 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Richa Sharma D/ o Sh . Ashok Kumar R/ o Mearth , P/ O Budhi , Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional/ LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 94/ 2019 in the Roll of Advocates maintained by this Registry.

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

Notification

No. 1709 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Ritika Jamwal D/ o Sh . Sudheer Jamwal R/ o Village Suchani , P / O Rahya , Vijaypur, Samba has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional /LL.B Degree Certificate from the concerned University and verification of her character and 240 The J& K Govt . Gazette , 12th Sept. , 2019/21st Bhad. , 1941. [ No. 24

antecedents from CID . Her name has been entered under Serial No. JK - 95 / 2019 in the Roll of Advocates maintained by this Registry .

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

Notification

No. 1710 Dated 30-03-2019 .

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Rohit Sharma S/ o Sh . Prem Chand Sharma R/ o Govindsar, ( Maroli ) P /O Mehtab Pur , Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/ LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 96/ 2019 in the Roll of Advocates maintained by this Registry.

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

( Sd . ) MOHAMMAD YASIN BEIGH ,

Joint Registrar (Admn .) .

JAMMU & KASHAN

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Thu. , the 12th Sept. , 2019/ 21st Bhad. , 1941. [No. 24

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. 65 - Rev ( LAJ) of 2019

Dated 16-04-2019 .

Whereas , the land specifications whereof are given in Annexures " A " and " B " to this notification is required for public purpose viz . for construction of Pakal Dul Hydroelectric Power Project ( HEPP) , situated in Villages Lopara and Chicha , Tehsil Dachhan , District Kishtwar ;

Whereas , on the basis of an indent placed by General Manager , Pakal Dul HEPP CVPP ( P) Ltd. , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition (ADC) , Kishtwar vide No. ADCK/ LA/ 2018 / 363 dated 11-12-2018 read with Corrigendum No. ADCK /LA/ 2018/454 dated 04-01-2019 for land measuring 653 Kanals and [No. 24

318 The J& K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941.

13 Marlas , situated in Village Lopara and Notification No. ADCK/LA/ 2018/364 dated 11-12-2018 read with Corrigendum No. ADCK / LA/ 2018/405 dated 04-01-2019 for land measuring 120 Kanals and 14 Marlas , situated in Village Chicha , Tehsil Dachhan , District Kishtwar ;

Whereas , the Collector , Land Acquisition ( ADC ) , Kishtwar vide No. ADCK/LA/2018 /473 dated 24-01-2019 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 and few land owners from Village Lopara and Chicha made objections under sections 5 & 5A of the Land Acquisition Act , which forwarded to the Tehsildar , Dachhan for verification and report . The Tehsildar , Dachhan vide No. 07/TD/ Camp Ktwr . dated 22-01-2019 has submitted that the objections raised by the land owners are not against the acquisition proceedings but regarding the payment of compensation ;

Whereas , the District Collector ( DC) , Kishtwar has reported that the obejections will be considered while determining title of land/ apportionment amongst the rightful owners in accordance with the provisions of the Land Acquisition Act and the instructions issued by the Government from time to time in this behalf ;

Whereas , the report furnished by Collector , Land Acquisition (ADC) , Kishtwar vide number referred to above duly endorsed by District Collector ( DC ) , Kishtwar vide No. ADCK/LA/ 2018 / 1221-24 dated 06-02-2019 , Divisional Commissioner , Jammu vide No. 502/3468/ Pakal Dul/Lopara/Kist/ 19 /5102-03 dated 08-03-2019 and by the Financial Commissioner , Revenue vide No. FC- LS /LA- 4843 / 2019 dated 18-03-2019 , has been examined and it has been found that the objections filed by some of the interested persons are not against the acquisition proceedings , which shall , however , be dealt with by Collector concerned while making award in accordance with relevant law/rules in force ;

Whereas , the Government is satisfied that the land particulars whereof are given in " Annexure- A " to this notification, is required for purpose viz . for construction of Pakal Dul HEPP , situated in Villages Lopara and Chicha , Tehsil Dachhan , District Kishtwar and there is no alternative but to acquire the subject land for public purposes .

Now , therefore , in pursuance of section 6 of the J& K State Land Acquisition Act , Samvat 1990 , it is declared that land measuring 653 Kanals and 13 Marlas , situated in Village Lopara and 120 Kanals and 14 Marlas , situated in Village Chicha , Tehsil Dachhan , District 319

No. 24] The J & K Govt . Gazette , 12th Sept. , 2019 /21st Bhad. , 1941.

Kishtwar , particulars whereof are given in Annexures " A " and " B " to this notification , is required for public purposes viz . for construction of Pakal Dul HEPP, situated in Villages Lopara and Chicha , Tehsil Dachhan , District Kishtwar . Further , the Collector , Land Acquisition (ADC) , Kishtwar is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s ) as required under the Land Acquisition Act/ Rules .

Now, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990 , it is orderd that on expiry of fifteen days from the publication of the notification under section 9 (2 ) of the said Act, the Collector will take possession of the aforementioned land in Villages Lopara and Chicha Tehsil Dachhan , District Kishtwar required for public purpose , subject to fulfillment of the conditions prescribed under section 9 (2) and 17 -A of the Land Acquisition Act and Rules 63 of the Land Acquisition Rules .

However , the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons / rightful claimants in accordance with the relevant laws /rules in force, while making the award .

(Sd. ) SHAHID ANAYATULLAH , IAS ,

Commissioner/ Secretary to the Government ,

Revenue Department .

Annexure "A "

Particulars of land

District

Tehsil

Area

Kh . Nos .

Village

2

3

4

1

5

Κ.Μ.

05-03

Kishtwar Dachhan

3335/749 min

Lopara

04-13

3335/749 min [No. 24

320 The J& K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941.

4

1

2

3

5

Κ.Μ.

769

00-13

770

00-10

771

01-03

3344/1294

01-06

3345/1294

00-10

3345/1294 min 00-03

03-06

3346/1294 min

3446/1294

00-10

3447/1294 min 01-00

1289

00-15

1290

00-06

1291

00-16

1293

01-00

1295

00-13

02-03

1296

1297 min 01-00

1297 min 01-10

1297 min 00-19

1298 min 01-00

1299 min 02-03 No. 24] The J & K Govt . Gazette , 12th Sept. , 2019 /21st Bhad. , 1941. 321

1         2           3            4            5
                                               Κ.Μ.
                                   1300 min   02-12
                                   1306       00-04
                                   1306 min   01-00
                                   1306 min   00-04
                                   1348 min   02-12
                                   1348 min   02-00
                                   1348 min   02-12
                                   1350       06-19
                                   1500 min   02-00
                                   1501       03-08
                                   1502 min   01-00
                                   1502 min   03-00
                                   1502 min   01-00
                                   1502 min   01-00
                                   1502 min   01-00
                                   1502 min   00-12
                                   1502 min   01-04
                                   1502 min   01-00
                                   1915       02-06
                                   1916       01-00

[No. 24

322 The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941.

1

2

3

4

5

Κ.Μ.

1948/1917 min 00-05

01-00

1948/1917 min

01-00

2948/1917 min

2946/1917 min 00-03

00-12

2946/1917 min

min 03-19

1947/1917

2947/1917 min 02-11

2942/1917 min 06-12

01-19

2943/1917 min

04-03

2945/1917 min

1918

01-13

03-07

1919

02-06

1922

1923

02-00

1924

00-06

1925

00-05

1926

00-15

1944

00-09

00-03

1945

1946

00-13 No. 24] The J & K Govt . Gazette , 12th Sept. , 2019 /21st Bhad. , 1941. 323

1

2

3

4

5

Κ.Μ.

1947

00-04

1948

00-04

1949

00-17

1950

00-03

1951

00-03

00-03

1952

1953

00-05

1954

00-10

1955

00-10

1956

00-08

1957

00-05

1958

00-14

1959

00-12

1970

07-04

1973

15-06

02-12

1974

01-00

3439/2226 min

06-06

3441/2226 min

3441/2226 min 02-19

2227 min 01-10 [No. 24

324 The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941.

1

2

3

4

5

Κ. Μ .

3338/2240

03-17

3339/2240

02-09

3445/2240 min 01-15

3350/2240 min 07-00

27-02

3350/2240 min

3458/2243

05-10

05-09

3460/2243 min

3439/2243

00-10

2246

02-05

2247 min 06-00

2247 min 04-00

2247 min 03-14

2247 min 01-00

2249 min 12-00

2264 min 25-00

2264 min 02-10

min

2264

10-04

2266

09-02

2267

00-04

2268

00-08 No. 24] The J & K Govt . Gazette , 12th Sept. , 2019 /21st Bhad. , 1941. 325

4

1

2

3

5

Κ. Μ .

2269

00-04

2270

00-05

2271

04-05

2272

00-02

2273

00-06

2274

00-06

2275

00-07

2276

02-11

2277

01-11

2278 min 00-15

04-01

2282 min

2298

00-18

2299

00-19

2300

01-09

2301

00-02

2302

02-07

2303

00-12

2304

01-01

06-03

2305

06-03

2312 min 326 The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941. [No. 24

12

3

4

5

Κ. Μ .

06-00

3673/3425/

2313

3674/3425/

06-13

2313

03-04

3649/2313

3649/2314

02-08

3650/2314

00-16

3651/2315

01-00

3652/2315

00-07

2316

01-14

2317

00-05

2318 min 00-03

2318 min 03-06

06-00

2319

2320

01-02

2321

57-18

2322

02-05

2323

18-10

04-03

2324 min

21-15

2325 min

2326 min 70-17 No. 24] The J & K Govt . Gazette , 12th Sept. , 2019 /21st Bhad. , 1941. 327

4

1

2

3

5

Κ. Μ .

00-05

2326 min

2328 min 08-06

02-03

2532

00-12

2533

2534

02-00

10-00

2954/2071 min

2954/2071 min 02-08

2954/2071 min 08-07

05-13

2954/2071 min

12-16

2954/2071 min

2954/2071 min 06-11

2954/2071 min 09-12

2954/2071 min 13-17

03-00

2954/2071 min

03-00

2954/2071 min

34-15

2954/2071 min

min

2954/2071

10-11

05-04

min

2954/2071

653-13

Total [No. 24

328 The J & K Govt . Gazette , 12th Sept. , 2019/21st Bhad. , 1941.

Annexure " B "

Particulars of land

District

Tehsil

Area

Kh . Nos .

Village

1

2

3

4

5

Κ.Μ.

1033

02-00

Dachhan

Kishtwar

Chicha

    1033       01-00
    1063       00-14
    1064       01-06
    1065       02-16
1948/1066      01-00
1948/1066      02-07
1948/1066      07-00
1948/1066      04-00
    1047       00-09
    1067       02-14
    1069       00-10
    1081       03-01
    1082       00-03
    1083       00-07
    1084       00-14
    1085       00-16

No. 24] The J & K Govt . Gazette , 12th Sept. , 2019 /21st Bhad. , 1941. 329

4

1

2

3

5

Κ.Μ.

1925/1086

01-00

1926/1086

02-00

1931/1086

02-00

01-00

1931/1086

04-13

1931/1086

1931/1086

03-00

1931/1086

03-00

1931/1086

03-10

1087

00-06

1088

00-11

1089

00-09

1091

00-07

1092

00-13

1093

00-08

1094

00-05

1909/1103

01-12

01-00

1909/1103

1910/1103

02-00

1911/1103

03-00 [No. 24

330 The J& K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941.

1

2

3

5

4

Κ.Μ.

02-09

1912/1103

01-00

1914/1103

1915/1178

05-03

02-00

1916/1178

1917/1178

05-12

04-07

1918/1178

03-10

1919/1178

01-12

1940/1178

00-15

1921/1178

1922/1178

16-12

1273

04-02

1273

01-00

1274

02-15

00-08

1275

1276

02-14

2066/1279

05-04

Total

120-14 331

No. 24] The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad . , 1941.

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

Notification No. 76- Rev ( LAJ) of 2019

Dated 20-05-2019 .

Whereas , the land specifications whereof are given below is required for public purpose viz . for construction of Road from Udhampur to Lander in Village Ush Suba , Tehsil and District Udhampur , under PW ( R & B ) Department :-

Specifications of land

District

Tehsil

Area

Kh . Nos .

Village

K. M. S.

03

Ush Suba

00-13-00

Udhampur Panchari

14

01-12-03

Total

02-05-03

Whereas , on the basis of an indent placed by Executive Engineer , PWD ( R & B ) Division , Udhampur a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition (ACR ) , Udhampur vide letter No. ACRU / SQ/4323-31 dated 27-02-2017 , for land measuring 02 Kanals 05 Marlas and 03 Sirsai situated in Village Ush Suba , Tehsil and District Udhampur ;

Whereas , the Collector , Land Acquisition (ACR) , Udhampur , vide No. ACRU/ SQ/3681-82 dated 28-11-2018 has reported that the notification issued under section 4 ( 1 ) of the J & K State Land Acquisition Act by him was served upon the interested persons for filing objections , if any , to the proposed acquisition, but no objection was received from the land owners / interested persons in the prescribed time period as required under sections 5 & 5 -A of the Land Acquisition Act ;

Whereas , the report furnished by Collector , Land Acquisition (ACR ) , Udhampur vide letter referred to above duly endorsed by District Collector ( DC) , Udhampur vide letter No. DCU/ SQ/ 3832-34 dated 13-12-2018 , Divisional Commissioner , Jammu vide No. 502/3420/Acq/ PWD / Ush Suba/ UDr/ 19 / 4395-96 dated 09-01-2019 and by Financial Commissioner , Revenue vide No. FC - LS / LA/ 4808 / 2019 dated 25-02-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

[No. 24

332 The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941.

Whereas , the Government is satisfied that the land particulars whereof are given above is required for public purpose viz . for construction of Road from Udhampur to Lander in Village Ush Suba , Tehsil and District Udhampur , under PW ( R & B ) Department .

Now, therefore, in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990, it is declared that land measuring 16 Marlas situated in Village Ush Suba , Tehsil and District Udhampur , particulars whereof are given above is required for public purpose viz . for construction of Road from Udhampur to Lander in Village Ush Suba , Tehsil and District Udhampur , under PW ( R & B ) Department . Further , the Collector , Land Acquisition ( ACR ) , Udhampur is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person( s ) as required under the Land Acquisition Act/Rules .

However , the Collector concerned shall be personally responsible for identification and proper 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 .

MU & KASHINIR

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol . 132] Jammu , Thu. , the 12th Sept. , 2019/ 21st Bhad . , 1941. [ No. 24

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

PART II-A

Orders by Heads of Departments .

CHARGE REPORTS

Subject :-Transfers and Postings .

In compliance with the Government Order No. 234 - GAD of 2019 dated 19-02-2019 , issued in General Administration Department , J & K , under endorsement No. GAD (Ser) Geni/ 104/2018 - II dated 19-02-2019 , I , the undersigned , hereby assume the charge of the office of the Deputy Commissioner /District Development Commissioner/District Magistrate/ District Collector /District Election Officer , Pulwama , today on 21-02-2019 , in F. N.

( Sd . ) DR . SYED ABID RASHEED SHAH , IAS .

48 The J & K Govt . Gazette , 12th Sept. , 2019 / 21st Bhad . , 1941. [No. 24

Subject :-Assumption of charge of the office of the Superintending Engineer Hydraulic Circle , Rajouri .

In pursuance of Government Order 112- PW (Hyd) of 2019 dated 15-02-2019 , I , Manesh Kumar Bhat , I/ c Superintending Engineer, do hereby assume the charge of the Office of the Superintending Engineer Hydraulic Circle, Rajouri today the 18th February, 2019 in the Forenoon .

(Sd . ) MANESH KUMAR BHAT ,

Superintending Engineer , Hydraulic Circle , Rajouri .

JAMMU & KASHMER

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Thu. , the 12th Sept. , 2019/ 21st Bhad . , 1941. [ No. 24

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 .

IMPOSITION OF FEE BY THE HALQA PANCHAYAT ,

SANSOO , BLOCK UDHAMPUR ,

TEHSIL AND DISTRICT , UDHAMPUR , J & K .

Today on 27-07-2019 a Gram Sabha meeting was held in the Panchayat , Sansoo , Block Udhampur with full quorum including the residents of the area under the Chairman of Sarpanch Sh. Kuldeep Sharma .

Point No. 1. In the meeting all the concerned department i.e. Education , Social Welfare Department /AWW /ICDS also were present in the meeting .

18 No. of beneficiaries of pension scheme verified in the meeting and Ayushman Bharat card were also verified in the meeting by the Health Department .

230 The J& K Govt . Gazette , 12th Sept. , 2019/21st Bhad . , 1941. [No. 24

Point No. 2.- In the meeting one Sh . Rinku Kumar S/ o Late Sh . Parkash Ram R/ o Village, Megain , Panchayat Sansoo . All the members of Panchayat unanimously recommended the name of above said person for the post of Chowkidar - Cum - Mali as the Panchayat Ghar was guarded by the above said person especially in night hours . The Rinku Kumar is an unemployed youth and engaged as a Chowkidar- Cum -Mali since Memorial years . Hence Panchyat and inhabitants of the area have allowed and admitted for engagement of the Chowkidar- cum-Mali at Panchayat Ghar , Sansoo , which is need of hour . So above said name is recommended with full quorum.

Point No. 3.-

1. That the imposition of a Levy fee/ tax by Halqa Panchyat , Sansoo under sections 15 (A, b, c , d , e , f, g , h, i , j , k, l, m, n , o) as mentioned in Panchyati Raj Act , 1989 ( Amended up to October , 2018 ) .

2. That our respected Panchayat Sansoo shall publish a notice in the Gazettee and display it in conspicuous place or places in the Panchayat area defining the class of persons or description of property proposed to be taxed , the amount of rate of the tax or fee to be imposed.

3. That a notification in the Gazette of the imposition of a Tax or fee under this Act shall be conslusive evidence that the tax or fee has been imposed in accordance with the provisions of this act in our respected Panchayat Sansoo , Block Udhampur .

4. That a imposition of fees and taxes on Cattle ponds - Procedure for establishment , control and management of cattle pounds by our respected Panchayat as mentioned in Panchayat Raj Rules , 1996 (Amended up to October , 2018 ) Page 25 , Chapter IV , Rule 61 .

5. That in exercise of powers under section 15 , Panchayati Raj Act , 1989 ( Amended up to October , 2018 ) and Panchayati Raj Rules , 1996 (Amended up to October , 2018 ) Page 25 , No. 24 ] The J & K Govt . Gazette, 12th Sept. , 2019/ 21st Bhad . , 1941. 231

Chapter IV , Rule 60, 61 , Panchayat Sansoo proposes to impose someof the fee charges under the jurisdiction of Panchayat Sansoo , Block-Udhampur .

2

1

3

1.    Commercial Building fee                    Rs.15-00 per Sft .
2.     Residential building fee                  Rs.03-00 per Sft .
3.    Mobile towers installed in the             Rs.20000-00
       vicinity of Panchayat Sansoo fee
      per month
4.     Stone Crushers per month                  Rs.10000-00
5.     Fee on Entertainment per day              Rs.5000-00
6.     Fee on advertisements and                 Rs.1000 ( for
       hoardings per month                       each)
7.    Fee on commercial tractors kept            Rs.500-00
       in area of Halqa Panchayat, Sansoo,
      per month
8.     Fee on slaughter houses per month         Rs.1000-00
9.    Motor Vehicle/ Tractor dealers /Liquor     Rs.500-00 per
       Shops/ Poultry/ Dairy Farms/Horse         month
       traders / Small scale industrial Units /  (Each one)
      Printing Presses / Kerosene Oil/ Ration
      Dealers
10.    Fee on contractors for executing          2% of Total
       such works alloted to them by             Amount of
       the Government within the                 Tender/Work
      jurisdiction of Halqa Panchayat Sansoo

232 The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad . , 1941. [ No. 24

2

3

1

11. Fee on Registration of Shops / other Rs.500-00 per commercial establishments in the shop or other jurisdiction of Halqa Panchayat establishments Sansoo

Rs.1000-00 per month from each vehicle

12. Fee on Buses , other passenger vehicles and commercial vehicles on account of haltage with the Jurisdiction of Halqa Panchayat , Sansoo

13.

Fee on cattle Pounds

Rs.500-00 per animal

14. Fee on road cutting for laying optical fibre cable

Rs.5-00 per foot (conditionto repair by contractor)

Rs.5-00 per Sft .

15. Royalty for extraction of minor minerals from local Nallahs not falling under the ambit of Geology and Mining Department and not exempted from royalty under any specific provision of law

Rs.500-00

16. Penalty for use of Plastic or Polythene and for open defecation .

17.

Rs.5-00

Sanitation Cess

The Halqa Panchayat , Sansoo may revise the fees and rates under section 15 , at the most once in a two year period .

In the meeting it was held that the fee/ tax collected under above said Act shall be deposited in Halqa panchayat Fund account in Jammu and Kashmir Bank and it will be utilized for the development of the Panchayat works with full accounts .

In the meeting all the panchs and local residents are present in the meeting with the chairmanship of Sarpanch , Kuldeep Sharma as per guideline of BDO , Udhampur for the preparation of 14th FC plan No. 24] The J& K Govt . Gazette, 12th Sept. , 2019/ 21st Bhad . , 1941. 233 for the year 2017-18 , 2018-19 , 2019-20 . The works proposed in the meeting are as under :-

Year 2017-18

1. Construction of well at upper Sansoo - 2-00 Lacs .

2. Construction of Lane , Drain from Main Road Megain with Protection Work and tile work to onwards W. No. 3= 6.00 Lacs .

3. Construction of Lane , Drain From Ashok House to Pappu House , Ward No. 1 = 1.50 .

+0.16

Total Rs . 9.66 Lacs

Year 2018-19

1. Repairing and Renovation of Bowli Near Sheyaroo House = 2.00 Lacs , Ward No. 9 .

2. Repair and Renovation of Bowli Near Middle School , Lower Kotli Pain , Ward No. 5= 2 Lacs .

3. Repair and Renovation of Panchayat Ghar , Sansoo = 4.00 Lacs .

4. Construction of well near Alaf din House Ward No. 2= 1.50 Lacs .

5. Repair of well near Punjabu House , Ward No. 3 = 1.00 Lacs .

+0.820

Total Rs . 10582-00 Lacs

Year 2019-20

1. Construction of Drain Both side of the Road from Ashok House to Meer Ali House , Ward No. 3 = 5.00 Lacs .

234 The J& K Govt . Gazette , 12th Sept. , 2019/21st Bhad . , 1941. [No. 24

2. Construction of Lane and drain with tile and P /Work from Hand Pump Kotli to near Sham House Ward No.4 = 6.50 Lacs .

+0.188

Total Rs . 11.688 Lacs

(Sd.)

Block Development Officer ,

Udhampur.

COURT OF PRINCIPAL SESSIONS JUDGE , KUPWARA .

Present : Inder Singh

State

V/S Mohammad Saleem Sheikh S / o Alif U Din R/ o Amrohi , Karnah , Tangdar .

Accused

FIR No. 02 of 2019 P/ S Kralpora offences under section 8/21 NDPS

PROCLAMATION UNDER SECTION 512 Cr . PC .

Standing Warrant of Arrest

To : Director General of Police ( J & K Police) , Srinagar.

Through the medium of this warrant , you are hereby directed to ensure the arrest of the above reffered accused within the territorial limits of State of Jammu and Kashmir . This warrant shall remain in vogue till he appears or is brought before the Court of Law .

Issued under my hand and seal of this Court this 04th day of July, 2019 .

(Sd.)

Principal ,

Sessions Judge , Kupwara .

No. 24] The J& K Govt . Gazette, 12th Sept. , 2019/ 21st Bhad . , 1941. 235

Notice

It is for the information of all concerned that I Neelkanth S / o Sh . Garib Dass R/ o Trikuta Nagar , Jammu have changed my name from

Neelkanth to Neel Kaith .

Objections , if any, may please be filed within two weeks from the application of this notice .

Notice

I , Randhir Singh S/ o Sh . Kartar Singh R/ o Jandore , P.O. Barwal , Tehsil and District Kathua . My wife's name have wrongly been written as Simta Jasrotia instead of Simta Devi and date of birth has been written as 18-03-1981 instead of 01-08-1981 in my Army record . Now , I am applying for correction of same in my Army record. If any objection, may be conveyed to concerned authority within seven days , date of publication notice .

Notice

I , Vibhanshujeet Rai S /o Dr. Harjeet Rai R/ o H. No. 114 Street No. 5 , Shakti Nagar , Jammu have applied for the correction of my mother's name in my Secondary School Examination ( Class X) , 2016 , Roll No. 2300479 and Senior School Certificate Examination ( Class XII ) , 2018 , Roll No. 2779754 have been wrongly entered as Kusam Rai instead of Kusam Gupta . Objections , if any , may be conveyed to CBSE within seven days from this publication .

236 The J & K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad . , 1941. [ No. 24

Notice

I , Piyush Kumar Sain S/ o Sh . Sunil Kumar Sain and Mother Seema Sain R/ o BSF Paloura Camp , Qtr . No. 262 , SFA Tipe 1 , Pin Code 181124 , Jammu notify that my name " Piyush Kumar Sain ' have been wrongly entered as " Piyush Kumar Sen " in the Seconday School Examination Mark Sheet, 2018 , CBSE Under Roll No. 2317808 .

Now, I have applied for the correction of her name from " Piyush Kumar Sen " to " Piyush Kumar Sain " .

Objection, if any , be conveyed to concerned authority , Jammu within one week of this publication .

Notice

My parentage has been wrongly written as Ram Rattan instead of Darshan Lal Gupta in my PAN Card bearing No. BWGPG 1068K . I am applying for correction . Objection , if any , may be intimated to Government Gazettee within 7 days .

Rama Gupta

D/ o Darshan Lal Gupta JAMMU & KASHIMIR R

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

Vol . 132] Jammu, Thu. , the 12th Sept. , 2019 /21st Bhad. , 1941. [No. 24

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

ADVERTISEMENTS-C

DIRCETORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR , JAMMU.

Extension Notice- II

Owing to administrative reasons , the last date for receiving of bids and online opening of technical bids of e - Tender Notice No. 08 of 2019 dated 22-02-2019 floated for supply of Mobile Forensic Vehicles with Crime Scene Kits :-

Last date for receiving of bids : 25-03-2019 upto 1800 hours .

Date for online opening of technical bids : 27-03-2019 .

Other contents of the tender shall remain unchanged .

(Sd.)

Administrative Officer , Forensic Science Laboratory, J& K, Jammu .

92 The J& K Govt . Gazette , 12th Sept. , 2019/ 21st Bhad. , 1941. [No. 24

POLICE HEADQUARTERS , JAMMU AND KASHMIR , JAMMU

(Provision Section)

Reference :-( i ) This Hqrs . e - NIT No. 19 of 2019 dated 08-03-2019

(Purchase of Clothing items) .

( ii) e - NIT No. 21 of 2019 dated 13-03-2019 (Purchase of Shoes)

Extension in date

Various dates in respect of this Hqrs . e - NIT No. 19 of 2019 dated 08-03-2019 and e - NIT No. 21 of 2019 dated 13-03-2019 have now been re- fixed as under :-

Last date and time of downloading

10-05-2019 upto

e-NITsfrom J& K State e - Procurement

1600 hours .

Portal www.jktenders.gov.in

10-05-2019 upto

Last date and time for online submission of Bids

1600 hours .

Last date and time for submission

10-05-2019 upto

1500 hours .

of samples in Police Central Store

Srinagar/ Jammu

13-05-2019 at 1100

hours at J& K Police

Time/date and palce for online opening ofTechnical bids only

Hqrs . , Peer Bagh , Srinagar.

( Sd . ) MUBASSIR LATIFI , JKPS ,

AIG ( Provision/Transport)

ForDirector General of Police ,

J&K, Jammu .

183

ضمیمہج

رجسٹرڈنمبرجےکے۔33

JAMMU & KASHMIR

جموںوکشمیرگورنمنٹگزٹ

بھادرا1941

132۔جموں۔مورخہ12ستمبر2019ءبمطابق21

جلدنمبر

ویروارنمبر24

اشتہارات

سرپیچپنچایتحلقہدیولبلاکبلاور

16-07-2019

خلاصہکارروائیمیٹنگحلقہپنچایتدیولبلاکبلاورضلعکٹھوعہرواںسال20-2019ء۔ آجمورخہ16جولائی2019ءکوبمقامپنچایتدیولمیںحلقہپنچایتکیمیٹنگ بلائیگئیجسمیںدلیرصدارتشریشمشیرسنگھسرپیچمنعقدہوکرحلقہپنچایتکےمہلاپیچ، 184۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-ضمیرج

پہنچصاحباننےمیٹنگمیںشمولیتکیاورحسبذیلکارروائیعملمیںلائیگئی۔

دستخط

عہدہ

نمبرشمار

نامحاضرینمعهسکونت

1

نائبسرپیچحلقہپنچایتدیول

انگریزی

شریدھنترسنگھجی

2

پیچوارنمبر1

پیچوارڈنمبر2

شریخوشیرام

3

شریمیمتیآشادیویجی

4

پہنچوارڈنمبر3

شریراکیشسنگھجی

5

شریسریندرسنگھجی

پیچوارڈنمبر4

6

پیچوارنمبر6

شریترونسنگھجی

پہنچوارڈنمبر5

پیچوارڈنمبر8

7

شریمتیانجودیویجی

8

شریمتیشیلادیویجی

9

پیچوارڈنمبر9

شریراجسنگھجی

ضمننمبر1:۔پنچایتکیآمدنبڑھانےکیلئےکرنےعائدٹیکسوفیسحلقہپنچایتدیول

بلاکبلاور۔

جموںوکشمیرپنچایتیراجایکٹ1989وپنچایتیراجقواعد1996ترمیمشده

اکتوبرسال2018ءایکٹکیدفعہ15کےتحتپنچایتٹیکسوفیس

حلقہپنچایتمیںکاروباردہندہکرنےوالوںپرعائدکرسکتیہےاسکی

ہونےوالیآمدنسےحلقہپنچایتمیںتعمیراقیکاموںمیںخرچکرسکتیہے۔

اتفاقرائےسےفیصلہلیاگیاکےحلقہپنچایتمیںکاروباردہندہکرنےوالوں 185

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-

پرٹیکسوفیسعائدکیجاوئےتاکہپنچایتکیآمدنمیںاضافہہوسکے۔

ضمننمبر2:کرنےعائدٹیکسوفیسحلقہپنچایتدیولبلاکبلاورضلعکٹھوعہ

(1)حلقہپنچایتمیںکریانہکیدکانپرکاروبارکرنےمیں1000روپےسالانہٹیکسعائدہوگا۔

اسکےعلاوہکھوکھاکیشکلمیںکریانہکاروبارکرنےوالوںپر500روپےسالانہ ٹیکسعائدہوگا۔

(ii)۔حلقہپنچایتمیںپھلسبزیکیدُکانکرنےوالوںپر300روپےسالانہٹیکس عائدہوگا۔

(iii)۔حلقہپنچایتمیںبجلیکیدُکان،موبائلکیدُکان،بیلڈنگکیدُکانپر1000روپے سالانہٹیکسعائدہوگا۔

(iv)۔حلقہپنچایتمیںآٹاچکی/کوہلو/چاولکوٹنےوالیمشینوںپر1000روپے سالانہٹیکسعائدہوگا۔

(۷)۔حلقہپنچایتمیںفرنیچرکیدکانوںپر1000روپےسالانہٹیکسعائدہوگا۔

(vi)۔کھوکھاکیشکلمیںچھوٹےچھوٹےکاروبارکرنےوالوںپر300روپےسالانہٹیکس عائدہوگا۔

(vii)۔پرائیویٹادارےجوسکوٹروغیرہ/مرمتکرتےہوںاُنپر1000روپےسالانہ ٹیکسعائدہوگا۔جسمیںٹریکٹرانجلبھیشاملہیں۔

(viii)۔سمینٹ/سریافروختکرنےوالےدُکانداروںپر5000روپےسالانہ ٹیکسعائدہوگا،اسمیںگورنمنٹادارہپرٹیکسعائدنہیںہوگا۔

(ix)۔کھوکھاکیشکلمیںذبحہخانوںپر=/500روپےسالانہٹیکسعائدہوگا۔

(x)۔حلقہپنچایتمیںڈھابہکرنےوالوںپر500روپےسالانہٹیکسعائدہوگا۔

186۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-ضمیرج

(xi)۔ایسیپرائیویٹدوافروشوالوںپر500روپےسالانہٹیکسعائدہوگا۔

(xii)۔لیکنگورنمنٹادارہپرٹیکسعائدنہیںہوگا۔

(xiii)۔حلقہپنچایتمیںفوڈفاسٹدُکانداروںپر=/1000سالانہٹیکسعائدہوگا۔

(xiv)۔حلقہپنچایتمیںجوڈکاندارباہرسےماللیکراپنیدُکانپرصندوقوپیٹیاںبناتے ہیںانپر500روپےسالانہٹیکسعائدہوگا۔

ٹیکس (x)بیکریکیدُکانداروںپر1000روپےسالانہٹیکسعائدِ ہوگا۔

(x vi۔ہارڈویئر۔پینٹ۔سینٹریفیٹنگکےدُکانداروںپر1000روپےسالانہ ٹیکسعائدہوگا۔

(xvii)۔چائےکیدُکانکرنےوالوںپر300روپےسالانہٹیکسعائدہوگا۔

(xviii)-حلوائیکیشکلمیںمٹھایوںکیدُکانچلانےوالوںپر1000روپےسالانہٹیکس عائدہوگا۔

(xix)۔کپڑے۔بجاجیکیدُکانداروںپر1000روپےٹیکسسالانہعائدہوگا۔

(xx)۔حلقہپنچایتمیںکسینےفیکٹریکیشکلمیںادارہکھولرکھاہےاُنپر5000روپے سالانہٹیکسعائدہوگا۔

(x xi)۔حلقہپنچایتمیںکوئیاپناپانیکابورکرتاہےاُسپر1000روپےسالانہٹیکس عائدہوگا۔

(x xii)حلقہپنچایتمیںکریشرچلانےوالوںکی1000روپےمہانہعائدہوگا۔اسکے علاوہکوئیبھیٹیکسلگانےمیںرہگیاہوحلقہپنچایتاُسپرٹیکسلگانےپرحقدارہوگی۔

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-187

ضمننمبر3:کرنےعائدفیس

احلقہپنچایتمیںکوئیمکانتعمیرکرناچاہتاہےجسکیمالیتدسلاکھروپےتکہواُس پرفیس5000روپےعائدہوگی۔اور4روپےفیفٹکےحسابسےبھی پنچایتفیسعائدکرسکتیہے۔

اپنامکانکوردوبدلکرکےبناناہوتواُسپر3000روپےفیسعائدہوگی۔

iiiحلقہپنچایتمیںکسینےکوئینئےسرےفیکٹریبنانیہوتواُسپر10000روپےفیس عائدہوگی۔

ivحلقہپنچایتمیںکوئیاپناپانیکابورکرتاہےاورلوگوںکوپانیفروختکرتاہےاُسپر ٹیکس2000روپےسالانہعائدہوگا۔

ضمننمبر4:عائدفیس

حلقہپنچایتمیںجواشخاصیامہلاکھولےمیںشوچکرتییاکرتےپائےجائےگئےان پرجرمانہ50روپےلاگوہوگا۔

حلقہپنچایتمیںکسیبھیدُکاندارکےکھوکھوںپرپلاسٹککالفافہپایاگیاتواُسکو 500روپےجرمانہلاگوہوگا۔

دستخط:شمیشرسنگھسرپیچپنچایتحلقہدیولبلاکبلاورضلعکٹھوعہ۔

188۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-ضمیر

سرپیچپنچایتحلقہڈھیٹر(DHER)بلاکبلاور

26-07-2019

خلاصہکارروائیمیٹنگپنچائتحلقہڈھیٹر(DHER)بلاکپلاورضلعکٹھوعہدوران

آجمورخہ26جولائیسال2019ءکوتمامپنچائتڈھیٹرمیںحلقہپنچایتکیمیٹنگ بلائیگئیجسکیزیرصدارتشریاشوککمارسرپیچمنعقدہوکرحلقہپنچائتکےپیچوپینچ صاحباننےمیٹنگمیںشمولیتکیاورحسبذیلکارروائیعملمیںلائیگئی۔

     دستخط                                                            نامپیچ                   نمبرشمار
انگریزی                                                           سدیشکمار                    -1
     ايضاً                                                          منیتشرما                  -2
     ايضاً                                                           لالچند                   -3
     ايضاً                                                        دیپوشرما                    -4
     ايضاً                                                         سمیتسنگھ                   -5
     ايضاً                                                    شالودیوی                        -6
     ايضاً                                                     اشودیوی                        -7
     ايضاً                                                          ستپال                     -8
     ايضاً                                                         بندھنادیوی                 _9

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-189

ضمن1:پنچایتکیآمدنبڑھانےکیلئےکرنےعائدٹیکسوفیسحلقہپنچایتڈھیٹر بلاکبلاور۔

جموںوکشمیرپنچایتیراجقواعد1996ءترمیمشدہاکتوبر2018ءایکٹکی دفعہ15کےتحتپنچایتٹیکسوفیسحلقہپنچایتمیںکاروباردہندہکرنے والوںپرعائدکرسکتیہےانکیہونےوالیآمدنسےحلقہپنچایتمیںتعمیری کاموںمیںخرچکرسکتیہے۔

بااتفاقرائےفیصلہلیاگیاکہحلقہپنچایتمیںکاروباردہندہکرنےوالوںپرٹیکس وفیسعائدکیجاوئےتاکہپنچایتکیآمدنمیںاضافہہوسکے۔

ضمن2:کرنےعائدٹیکسوفیسحلقہپنچایتڈھیٹربلاکبلاورضلعکٹھوعہ۔

پنچائتکیآمدنبڑھانےکےبارےمیںسرپیچپنچائتحلقہڈھیرتحصیلبلااور بلاکبلاورضلعکٹھوعہ۔

( 1)حلقہپنچایتمیںکریانہکیدُکانپرکارروبارکرنےمیں1500روپےسالانہٹیکس

عائدہوگا۔اسکےعلاوہکھوکھاکیشکلمیںکریانہکارووارکرنےوالوںپر 500روپےسالانہٹیکسعائدہوگا۔ ۔

(2)حلقہپنچایتمیںپھلوسبزیکیدُکانکرنےوالوںپر600روپےسالانہ ٹیکسعائدہوگا۔

(3)حلقہپنچایتمیںبجلیکیدُکان،موبائلکیدوکانبیلڈنگکیدُکانپر1000روپے سالانہٹیکسعائدہوگا۔

(4)حلقہپنچایتمیںآٹاچکیکوہلوچاولکوٹنےوالیمشینوںپر=/1000روپےسالانہ 1941-ضمیرج

190۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا

ٹیکسعائدہوگا۔

(5)حلقہپنچایتمیںفرنیچرکیدکانپر=/1200روپےسالانہٹیکسعائدہوگا۔

(6)کھوکھاکےشکلمیںچھوٹےچھوٹےکاروبارکرنےوالوںپر600روپےسالانہٹیکس عائدہوگا۔

(7)پرائیویٹادارےجوکہسکوٹروغیرہمرمتکرتےہوں،اُنپر1000روپےسالانہ ٹیکسعائدہوگا۔

(8)سمنٹ/سریافروختکرنےوالےدکانداروںپر=/5000روپےسالانہٹیکسعائدہوگا۔ لیکنگورنمنٹادارےپرٹیکسنہیںہوگا۔

(9)کھوکھاکےشکلمیںذبحخانوںپرٹیکس=/1000روپےسالانہٹیکسعائدہوگا۔

(10)حلقہپنچایتمیںڈھابہکرنےوالوںپر=/800روپےسالانہٹیکسعائدہوگا۔

(11)حلقہپنچایتمیںفوڈفاسٹدُکانداروںپر=/1000روپےسالانہٹیکسعائدہوگا۔

(12)حلقہپنچایتمیںٹرنکپیٹیاںمرمتکرنےوالوںپر=/1000روپےسالانہٹیکس عائدہوگا۔

(13)بیکریکیدُکانوںپر=/1000روپےسالانہٹیکسعائدہوگا۔

(14)ہارڈوئیر،پینٹکےدکانداروںپر=/2000روپےسالانہٹیکسعائدہوگا۔

(15)کپڑے۔بجاجیکیدُکانوں،اُونوںکیدُکانپر/1200روپےسالانہٹیکسعائدہوگا۔

(16)حلقہپنچایتمیںکسینےفیکٹریکیشکلمیںاِدارہکھولرکھاہےاُنپر =/5000روپےسالانہٹیکسعائدہوگا۔

(17)حلقہپنچایتمیںکوئیاپاپانیکابورکرتاہےاُسپر=/1000روپےسالانہٹیکسعائدہوگا۔

191

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-

(18)حلقہپنچایتمیںکریشرچلانےیالوکپلانٹیااینٹوںکابھٹھاچلانےوالوںپر =/12000روپےسالانہمیںعائد: وپےسالانہٹیکسعائدہوگا۔اوراسکےعلاوہکو کےعلاوہکوئیبھیٹیکسلگانے میںرہگیاہو،حلقہپنچایتاُسپرٹیکسلگانےپرحقدارہوگا۔

ضمننمبر3:کرنےعائدفیس

پنچایتمیںکوئیمکانتعمیرکرناچاہتاہےجسکیمالیتدسلاکھروپےتکہواُسپرفیس

=/5000روپےسالانہٹیکسعائدہوگا۔یاپنچایت=/4.Sqft. per Rs کےحسابسےبھیپنچایتفیسعائدکرسکتیہے۔

اپنامکانکوردوبدلکرکےبناناہوتواُسپر3000روپےفیسعایدہوگا۔

iiiحلقہپنچایتمیںکسینےکوئینئےسرےسےفیکٹریبنانیہوتواُسپر=/10000 روپےفیسعائدہوگی۔

حلقہپنچایتمیںکوئیپینےوالےپانیکابورکرتاہےاورلوگوںکوپانیفروختکرتاہےاُسپر ٹیکس=/2000روپےسالانہہوگا۔

ضمننمبر4:عائدفیس

احلقہپنچایتجوشخصیامہلاکھولےمیںشوچکرتییاکرتےپائےجائےانپرجرمانہ 50روپےلاگوہوگا۔

حلقہپنچایتمیںکسیبھیدُکانداروکھوکھو،پلاسٹککالفافاپایاتواُسپر500روپے جرمانہلاگوہوگایاپنچایتاُنکو200روپےبھیجرمانہعائدہوگا۔

دستخط:شمشیرسنگھسرپیچپنچایتحلقہڈھیٹربلاکبلاور۔

192۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-ضمیرج

نقلمطابقاصل

29-08-2019

خلاصہکارروائیمیٹنگحلقہپنچایتکٹھیرہبلاککٹھوعہتحصیلوضلعکٹھوعہ۔دوران

آجمورخہ20اگست2019کوبمقامپنچایتگھرکٹھیڑہمیںحلقہپنچایتکٹھیڑہ کیمیٹنگبلائیگئی۔جسمیںزیرصدارتشریمتیمناکشیراجپوتسرپنچحلقہپنچایت کٹھیرہمنعقدہوکرحلقہپنچایتکےنائبسرپیچوپنچصاحباننےمیٹنگمیںشمولیت کیاورحسبذیلکارروائیعملمیںلائیگئی

عہدہ

نائبسرپنچحلقہپنچایتکٹھیڑہ

نمبرشمار

نامحاضرینمعهسکونت

1

شریجوگندرسنگھساکنہکٹھیڑہموہڑہ بوبہرہ

پہنچوارڈنمبر2کٹھیڑہ

2

شریمتیتریشلادیویساکنہکھیڑہ

پیچوارڈنمبر3کٹھیرہ

پنچوارڈنمبر4کٹھیرہ

3

شریبشیراحمدساکنہفاضل

4

شریمہندرسنگھساکنہسنگن ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-193

پیچوارڈنمبر5کٹھیرہ

5

شریمتیسندیشکماریساکنہاندروٹ

کٹھیڑ

6

پیچوارڈنمبر6

شرییوگراجساکنہاندروٹ

پنچوارڈنمبر7کٹھیڑہ

7

شریپریتمسنگھساکنہفاجل

ضمننمبر1:لگانےفیس۔ٹیکسحلقہپنچایتکٹھیڑہ۔بلاککٹھوعہ۔

میٹنگمیںحلقہپنچایتکٹھیٹرہکیسرپنچشریمتیمناکشیراجپوتنےحاضرینکو بتایاکہپنچایتکیآمدنبڑھانےکیلئےحلقہپنچایتکٹھیڑہمیںکاروبارکرنےوالےدہندہ پیشهدارپرگورنمنٹجموںوکشمیرپنچایتیراجایکٹ1989ءترمیمشدہاکتوبر2018ءکے تحتعائدکیاجاناایکٹکیدفعہ15کےتحتاورگورنمنٹجموںوکشمیرپنچایتیراج رول1996ءکیرُول60کےتحتگزٹنوٹیفکیشنکروایاجاناضروریہےتاکہپنچایت لاگوکرکےپنچایتکیآمدنمیںبڑھابادےسکے۔

1-عائدکرنےفیس

(1)حلقہپنچایتمیںکوئینیامکانتعمیرکرئےاورجسکیتعمیریگیکیلئےمالیتدسلاکھروپے خرچآؤےاُسپر=/1000روپےفیسعائدہوگی۔اسسےکملاگتپر=/500 روپےفیسعائدہوگی۔اسکےعلاوہکوئیاپنےمکانکیردوبدلکرکےبنانےپر =/300روپےفیسعائدہوگی۔

(ii)حلقہپنچایتمیںہرپھیریوالوںپرجسمیںسبزی۔فروٹوغیرہوغیرہ شاملہےدسروپےروزانہفیںعائدہوگی۔

1941-ضمیرج

194۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا

(iii)حلقہپنچایتمیںکوئیانڈسٹرییونٹلگانےپربلڈنگتعمیرکرنےپر =/1000روپےفیسعائدہوگی۔

(iv)حلقہپنچایتمیںاپنیجگہچوگانپرمیلہوغیرہلگتاہو۔ایسیجگہپرعرضی دُکانداروںسےروزانہ=/20روپےہرڈکاندارسےروزانہفیسعائدہوگی۔ اسکےعلاوہمنڈیاںلگوانےوالےپر=/50روپےفیسعائدہوگی۔اگر اسکےعلاوہجنپرفیسعائدکرنےکاذکرنہیںکیاہے۔پنچایتبعدازاںاُن پرفیسلگانےکیمجازہوگی۔

2۔لگانےٹیکسحلقہپنچایتکٹھیڑہ

حلقہپنچایتمیںکاروباردہندہکرنےوالوںپرٹیکسعائدہوگا۔جیساکہ۔

(1)حلقہپنچایتمیںکریانہکیدُکانداروںپر=/500روپےسالانہٹیکسعائدہوگا کھوکھاکیشکلمیںکریانہکیکاروباروغیرہپر=/150روپےسالانہٹیکسعائدہوگا۔

(ii)حلقہپنچایتمیںآٹاچکیمشینوںپر=/500روپےسالانہٹیکسعائدہوگا۔

(iii)چھالیکوٹنےوالیمشینوںپر=/500روپےسالانہٹیکسعائدہوگا۔

(iv)تیلنکالنےوالیمشینوںپر=/500روپےسالانہٹیکسعائدہوگا۔

(۷)حلوائیوالیدُکانداروںپر=/500روپےسالانہٹیکسعائدہوگا۔

(vi)بجاجی/برتن/منیاری/کتابفروشوالےدُکانداروںپر=/500روپےسالانہ ٹیکسعائدہوگا۔

(vii)حلقہپنچایتمیںچلنےوالےآروںپر=/500روپےسالانہٹیکسعائدہوگا۔

(viii)فرنیچرتیارکرنےوالوںپر=/500روپےسالانہٹیکسعائدہوگا۔

195

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-

(ix)ٹینکیالماریاںتیارکرنےوالے/بیلڈنگکیدُکانداروںپر=/500روپے سالانہٹیکسعائدہوگا۔

(x)حلقہپنچایتمیںپولٹریفارموںپر=/500روپےٹیکسعائدہوگاسالانہ۔

(xi)فیکٹریاںچلانےوالوںپر=/3000روپےسالانہٹیکسعائدہوگا۔

(xii)حلقہپنچایتمیںسٹونکریشروںپر=/2000روپےسالانہٹیکسعائدہوگا۔

(xiii)حلقہپنچایتمیںچلنےوالےٹریکٹروںپر=/200روپےسالانہٹیکسعائدہوگا۔

(xiv)حلقہپنچایتکےمالکانجنکےپاسجے۔سی۔بیمشینہے۔اُسپر=/500 روپےسالانہٹیکسعائدہوگا۔

(x)حلقہپنچایتکےمالکانکیکرائےپرچلنےوالیگاڑیوںپر=/300روپےسالانہ ٹیکسعائدہوگا۔

(xvi)کھوکھاکیشکلمیںکامدہندہکرنےوالوںپر=/150روپےسالانہٹیکسعائدہوگا۔

(xvii)دودھسےتیارکرنےوالےکھویاوالےدُکانداروں=/200روپےسالانہٹیکس عائدہوگا۔

(xviii)حلقہہذامیںپرائیویٹدوافروشدُکانداروںپر=/200روپےسالانہٹیکس عائدہوگا۔

(xix)پرئیویٹہسپتالوںپر=/500روپےسالانہٹیکسعائدہوگا۔

(xx)پرائیویٹشرابکیدُکانوںپر=/1000روپےسالانہٹیکسعائدہوگا۔جو ادارےٹیکسلگانےپررہگئےہونگےاُنپربھیٹیکسعائدہوگا۔مگرسرکاری اداروںپرکوئیبھیٹیکسیافیسعائدنہیںہوگی۔اسکےبعدازاںفیصلہلیاکہ حلقہہذامیںشاملاترقبہجوایکنالہکھڑکیشکلمیںہوگیاہےجسمیںگھاس 196۔جموںوکشمیرگورنمنٹگزٹنمبر24مورخہ12ستمبر2019ءبمطابق21بھادرا1941-ضمیرج

چرائیبھیرقبہآتاہے۔اُسسےنکلنےوالیبجری۔پتھر۔ریتاوغیرہوغیرہجوباہر جاتاہےاُسپربھیفیسعائدکیجاوئےتاکہآمدنمیںاضافہہوسکے۔

3-مزیدفیسبجری۔ریت۔پتھروغیرہوغیرہپر

حلقہپنچایتمیںدھشاملاتوگھاسچرائیرقبہجونالےاورکھڑکیشکلمیںتبدیل ہوگیاہے۔

(1)ٹریکٹرجوریتبجری۔پتھروغیروغیرہپر100فٹپر=/50روپےفیٹرالیفیسعائد ہوگی۔اسسےزائدبھییعنیکہ200فٹوالےپر=/100روپےفیٹرالی فیسعائدہوگی۔

(ii)بڑےوزنوالےٹرالے۔گاڑیاںجو200فٹسے400فٹوزنیوالے۔ریت۔ پتھر۔بجریوغیرہپر=/200روپےفیٹرالےوالیگاڑیاںپرفیسعائدہوگی۔اس کےعلاوہجنکاذکرنہیںکیاہے۔اُسپربھیواجبفیسعائدہوگی۔

دستخط:مناکشیراجپوتسرپنچپنچایتحلقہکٹھیڑہ۔

No. 9 - g ] The J& K Govt. Gazette , 3rd June , 2019/ 13th Jyai . , 1941. Mon.

EXTRAORDINARY

REGD . NO . JK-33

PART I-B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT - REVENUE DEPARTMENT

Notification

Srinagar , the 3rd June, 2019 .

SRO - 392.- In exercise of the powers conferred by sub - sections (4) and (5) of section 6 of the Jammu and Kashmir Land Revenue Act , Samvat 1996 (Act No. XIII of 1996) , and in supersession of all previous notifications issued in this behalf, the Government hereby confer upon Shri Syed Yasir Farooq, KAS , Assistant Commissioner , Revenue , Anantnag , the powers of Collector , Land Acquisition in respect of cases pertaining to the Collectorate of Land Acquisition ( PWD ) , Anantnag .

By order of the Government of Jammu and Kashmir.

( Sd . ) SHAHID ANAYATULLAH , IAS ,

Commissioner/ Secretary to Government , Revenue Department .

EXTRAORDINARY

REGD . NO . JK-33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Mon. , the 3rd June , 2019/13th Jyai . , 1941. [No. 9 - i

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

PART III

Laws , Regulations and Rules passed thereunder .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Srinagar , the 3rd June , 2019 .

SRO - 394. - In exercise of the powers conferred by sections 35 of the Jammu and Kashmir Municipal Corporation Act, 2000 , the Government hereby make the following amendments to the Jammu and Kashmir Municipal Corporation (Allowances to Councillors ) Rules , 2005 ; namely :-

(1) In rule 2-A , for the signs and figures Rs . " 6000/- " , the sign and figure " Rs . 10,000/ - " , shall be substituted;

(2) After Rule 2 - A, the following shall be inserted , namely : -

" 2- B . Reimbursement of Telephone Bill.-The Councillors shall be entitled to reimbursement of usage bill of telephone facility subject to a monthly ceiling of Rs . 500/ - " .

[No. 9-h

2 The J& K Govt . Gazette , 3rd June , 2019/13th Jyai . , 1941 .

(3) In rule 3 , for the sign and figures , " Rs . 400/- " the sign and figure " Rs . 1000/- " shall be substituted.

By order of the Government of Jammu and Kashmir.

( Sd .) DHEERAJ GUPTA ,

Principal Secretary to Government , Housing and Urban Development Department.

EXTRAORDINARY

REGD . NO . JK- 33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 3 -j

Vol . 132 ] Jammu , Mon. , the 3rd June , 2019/ 13th Jyai . , 1941.

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

PART III

Laws , Regulations and Rules passed thereunder .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- RURAL DEVELOPMENT AND PANCHAYATI RAJ DEPARTMENT

Notification

Srinagar, the 3rd June, 2019.

SRO - 395. - In exercise of the powers conferred by section 80 of the Jammu and Kashmir Panchayati Raj Act , 1989 , the Government hereby direct that in the Jammu and Kashmir Panchayati Raj Rules , 1996 , the following amendments shall be made ; namely :-

(1) In rule 103 , in sub- rule ( d) for the words " Electoral Roll pertaining to the Panchayat " the words " Electoral College comprising of Panches and Sarpanches of Halqa Panchayat falling within a block " shall be substituted .

2 The J&K Govt . Gazette , 3rd June , 2019/13th Jyai . , 1941. [No. 3 -j

(2) In form 40 appended to the rules , entry 4 shall be substituted by the following ; namely : -

" Serial number in the electoral roll for the Block Development Council".

By order of the Government of Jammu and Kashmir.

( Sd . ) SHEETAL NANDA, IAS , Secretary to the Government .

EXTRAORDINARY

REGD . NO . JK- 33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 10-a

Vol . 132 ] Jammu , Fri. , the 7th June , 2019/17th Jyai . , 1941.

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- FINANCE DEPARTMENT

Notification

Srinagar, the 7th June , 2019 .

SRO - 397. - In exercise of the powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir , the Governor hereby directs that proviso 3rd to rule 24 of J & K Accounts Service (Revised) Rules , 1972 shall be substituted by the following :-

" Provided also that 50 % of duty posts of the Pay Band - 2 (Rs . 9300- 34800 ) + 4800 Grade Pay ( pre - revised ) (carried by Jr. Scale Accounts Officers) of J& K Accounts ( Gazetted) Services shall be in the Non functional Pay Band- 3 Rs.15600-39100 ) + Grade Pay Rs . 5600 (pre- revised) Pay Level 10 - A of Rs . 56,600-179,800 ( Revised) and [No. 10-a

2 The J& K Govt . Gazette , 7th June , 2019/17th Jyai . , 1941 .

the said Selection Grade shall be admissible on completion of 05 years of service on merit and suitability, subject to availability of the Post.

By order of the Government of Jammu and Kashmir.

( Sd . ) DR. ARUN KUMAR MEHTA , IAS ,

Financial Commissioner, Finance Department .

No. 11 - a ] The J & K Govt . Gazette , 13th June , 2019/23rd Jyai . , 1941. Thu.

EXTRAORDINARY

REGD . NO . JK- 33

PART I- B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT-- DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

(Acquittal Section)

Notification

Srinagar , the 13th of June , 2019 .

SRO - 402. - In exercise of the powers conferred by sub - section 33 of the Jammu and Kashmir Protection of Children from Sexual Violence Act , 2018 (Governor Act . No. XXXVI of 2018 ) read with sub - section ( 1 ) of section 492 of the Code of Criminal Procedure , Samvat , 1989 , the Government hereby appoint Shri Hilal Ahmad, Sr. Prosecuting Officer as a Special Public Prosecutor to conduct the case involving offences punishable under sections 363 , 342 , 376 RPC r / w section 5 (m) , 6 POCSV of P/ S Sumbal , before the Court of Principal District and Sessions Judge , Bandipora under FIR No. 81/2019 .

By order of the Government of Jammu and Kashmir .

( Sd . ) ACHAL SETHI ,

Secretary to Government ,

Department of Law , Justice and Parliamentary Affairs .

EXTRAORDINARY

REGD . NO . JK-33

JAMMU & KASHMIR

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Wed. , the 19th June , 2019/29th Jyai . , 1941. [ No. 11 - n

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

PART I-B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOME DEPARTMENT

Notification

Srinagar , the 19th June , 2019 .

SRO - 415.- Whereas , on 02-10-2017 , at about 20:45 Hours , Police Station, Awantipora received an information through reliable sources to the effect that at Village Padgampora , some unknown terrorists 2 The J & K Govt . Gazette , 19th June , 2019/ 29th Jyai . , 1941. [No. 11 - n forcefully entered in a tent , where marriage ceremoney of the daughter of one Abdul Rashid Wani S/ o Mohammad Sultan Wani R/ o Padgampora, Awantipora was being solemnized and fired several gun shots with their illegally acquired weapons upon the person of HC Ashiq Hussain No. 33/ Awt , MHC , Police Station, Awantipora with intension to kill him, who was there participating in the said marriage ceremony . The said official namely HC Asahiq Hussain succumbed to his injuries on the spot and thereafter , the assailants / terrorists fled from the scene of occurrence

; and

2. Whereas , a case FIR No. 103/2017 under sections 302 , RPC , 7/27 A. Act , 16 , 18 , 20 ULA ( P) was registered at Police Station , Awantipora and investigation was taken up ; and

3. Whereas , during the course of investigation the site plan of place of occurrence was prepared , dead body of HC Ashiq Hussain No. 33 /Awt was taken into possession and after completing medico legal fromalities was handed over to his legal heirs for burial . The Post Mortem Report received revealed the cause of death as " Multiple Firearm injuries sustained on Head and Base of Skull " During site inspection incriminating articles were recovered from the place of occurrence and necessary memos to this effect were prepared and placed on record. Statements of witnesses acquainted with facts and circumstances of case were recorded under relevant sections of law ; and

4. Whereas , investigation conducted revealed that accused namely Lateef Ahmad Dar (A- 1 ) had written a letter to terrorist namely Reyaz Ahmad Naikoo alias Zubair - ul- Islam A- 2 of banned terrorist organisation Hizb - ul -Mujahedeen ( HM ) for assassinating SDPO , Awantipora , SI Faisal of PC Awantipora and MHC Ashiq Hussain of Police Station , Awantipora . The A- 2 after the receipt of said letter from accused No. 1 hatched a well knit criminal conspiracy with two other terrorists namely Adnan Ahmad Lone A- 3 S/ o Ghulam Mohammad Lone R/ o Brah Bandina Awantipora , and Adil Bilal Bhat A- 4 S/ o Bilal Ahmad Bhat R/ o Malangpora , Pulwama to kill MHC Ashiq Hussain of Police Station , Awantipora . The trio (accused 2, 3 and 4) taking advantage of the fact that MHC Ashiq Hussain of Police Station , Awantipora No. 11 -n] The J & K Govt . Gazette , 19th June , 2019/ 29th Jyai . , 1941. 3

participated in marriage ceremony of the daughter of one Abdul Rashid Wani S/ o Mohammad Sultan Wani R/ o Padgampora , Awantipora , forcefully entered in the tent where MHC Ashiq Hussain was sitting and fired upon him with illegally acquired weapons resulting in the on spot death of the said MHC Ashiq Hussain and thereafter fled from the scene of occurrence ; and

5. Whereas , during the course of investigation , the statements of material witnesses were recorded under section 164 A Cr. PC , and placed on record . Statement of witnesses so recorded would reveal involvement of accused persons namely 1. Reyaz Ahmad Naikoo alias Zubair - ul - Islam 2. Adnan Ahmad Lone and 3. Adil Bilal Bhat , all terrorists of banned terrrorist Organization Hizb - ul - Mujahedeen (HM) , who assassinated MHC Ashiq Hussain in pursuance to a well knit criminal conspiracy . Accused No. 1 Lateef Ahmad Dar was arrested in the case and specimen signatures taken in presence of Executive Magistrate , 1st Class , Awantipora and the recovered hand written letter along with the specimen writings were got re - sealed and sent to FSL , Srinagar for Expert Opinion . The Opinion received thereof is in positive and reveal that accused No. 1 had written the letter himself ; and

6. Whereas , on the strength of evidence both Scientific and Ocular collected during investigation prima facie offences punishable under section 18 ULA ( P) Act read with sections 16 , 20 , 38 ULA ( P) Act and section 302 RPC are made out against Lateef Ahmad Dar S/ o Ghulam Hassan Dar R/ o Panzgam , offence under sections 16, 18 , 20 and 38 ULA ( P) Act , 7/27 Arms Act and section 302 RPC against Reyaz Ahmad Naikoo alias Zubair - ul- Islam S/ o Assadullah Naikoo R / o Beighpora , Awantipora , Tehsil Awantipora , District Pulwama , Adnan Ahmad Lone S/ o Ghulam Mohammad Lone R/ o Brah Bandina , Awantipora , Tehsil Awantipora , District Pulwama and Adil Bilal Bhat S/ o Bilal Ahmad Bhat R/ o Malangpora, Pulwama , Tehsil Pulwama , District Pulwama and investigation of case has been concluded as proved against them . It is further submitted that accused No. 2 Reyaz Ahmad Niakoo is absconding against whom proceedings under section 512 Cr. PC , have been proposed. Further accused 3 and 4 have been killed in an encounter with security forces as per copy of FIR placed on record ; and [No. 11 - n

4 The J& K Govt . Gazette , 19th June , 2019/ 29th Jyai . , 1941.

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 come to 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 provision 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 following accused persons for the commission of offences punishable under sections 16 , 18 , 20 and 38 of Unlawful Activities ( Prevention) Act , 1967 arising out of FIR No. 103/2017 of Police Station, Awantipora :-

Under Section ULAP

Name of the accused

S. No.

16 , 18 , 20 and 38

1. Lateef Ahmad Dar S/ o Ghulam Hassan DarR/ o Panzgam

2.

16, 18 , 20 and 38

Reyaz Ahmad Naikoo alias Zubair- ul- Islam S / o Assadullah Naikoo R/ o Beighpora , Awantipora, Tehsil Awantipora , District Pulwama.

By order of the Government of Jammu and Kashmir.

(Sd.)

Principal Secretary to the Government ,

Home Department .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

[ No. 11-0

Vol . 132 ] Jammu , Wed. , the 19th June , 2019/29th Jyai . , 1941.

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

PART I-B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOME DEPARTMENT

Notification

Srinagar , the 19th June , 2019 .

SRO- 416.- Whereas , on 22-08-2018 , Police Station , Kulgam reliably came to know that some terrorists namely 1. Umar Majeed Gani S/ o Ab . Majeed Ganie R/ o Souch 2. Farooq Ahmad Bhat @ Nali The J &K Govt . Gazette , 19th June , 2019 / 29th Jyai . , 1941. [No. 11-0

2 S/ o Ab . Gani Bhat R/ o Check Dessend 3. Zahid Bashir Mir S/ o Bashir Ahmad Mir R/ o Okey 4. Owais Ahmad Lone @ Owais Raja S / o Mohd Ashraf Lone R/ o Hawoora 5. Javaid Ahmad Bhat S/ o Ali Mohd Bhat R/ o Redwani Bala fired upon Constable Fayaz Ahmad Shah S / o Late Ab . Gani Shah R/ o Zazripora who succumbed to his injuries . This act was carried by terrorists with the help of their upper ground workers to create terror among common masses and threat to the terrirorial integrity and the sovereignty of India ; and

2. Whereas , a case FIR No. 133/2018 under sections 302 , RPC , 7/27 A. Act , 13 , 18 , 20 , 38 , 39 UAPA, 1967 was registered at Police Station, Kulgam and investigation was taken up ; and

3. Whereas , during the course of investigation, site Plan was prepared . Dead body of deceased constable was taken into possession and after conducting medico legal formalities , the dead body was handed over to his next kin for last rites . During investigation of the case , a suspect , who disclosed his name as Javaid Ahmad Bhat S/ o Mohd Sabir Bhat R/ o Razgad Kadder was apprehended at a naka. He disclosed that he is affiliated/associated with militants namely 1. Umar Majeed Gani S/ o Ab . Majeed Ganie R/ o Souch 2. Farooq Ahmad Bhat @ Nali S / o Ab . Ganie Bhat R/ o Check Dessend 3. Zahid Bashir Mir S / o Bashir Ahmad Mir R/ o Okey 4. Owais Ahmad Lone @ Owais Raja S / o Mohd Ashraf Lone R/ o Hawoora 5. Javaid Ahmad Bhat S/ o Ali Mohd Bhat R/ o Redwani Bala 6. Sheeraz Ahmad Lone S/o Ab . Rashid Lone R/ o Souch . During further questioning , he disclosed that another OGW Nissar Ahmad Thoker S/ o Mohammad Ramzan Thoker R/ o Zazripora is also associated with him who was subsequently arrested . During investigation on the disclosure of accused Javaid Ahmad Bhat , 25 posters of banned militant organization , HM with incriminating material , inscribed on them along with a bike which has been used by these terrorists while firing on the victim were recovered and necessary memos were effected. Investigation conducted revealed that accused 1 , 2 , 3 , 4 , 5 and 06 are active terrorists of HM and LeT organisation who with the help of OGWs i . e. accused from Serial No. 07 and 08 have been involved in unlawful activities and other terrorist acts . Investigation also revealed that accused 07 and 08 are OGWs of banned militant organization HM outfit . These OGWs help and facilitate terrorists by No. 11-0] The J& K Govt. Gazette , 19th June , 2019/29th Jyai . , 1941. 3

providing logistic support , arrange Arms and Ammunition, transportation , communication besides helping them to carry attack on Police Stations and Security Establishment .

4. Whereas , during further course of investigation , accused Nisaar Ahmad Thokar disclosed his association with accused 01 to 07 in the Murder of Police Constable Fayaz Ahmad Shah S/ o Late Ab . Gani Shah R / o Zazripora which has been corroborated by the recovery of posters wherein terrorists have threatened police personnel to leave their job or be ready to be killed. Statement of witnesses were recorded under section 161 Cr. PC , besides statement of material witnesses were also recorded under Sec 164 - A Cr. PC ; and

5. Whereas , as per evidence collected during the course of investigation , prima facie , a case was established under sections 13 , 16, 18 and 39 of UAPA against accused 01 to 06 and under sections 13 ( 2) , 18 , 19, 38 and 39 of UAPA in respect of accused 07 to 08. It is further submitted that accused 01 , 03 and 04 have been killed in different operations by Security Forces . While as , accused 02 , 05 and 06 are active militants of District Kulgam and are absconding against whom proceedings under section 512 Cr. PC , have been proposed and

6. Whereas , the Authority appointed by the State Government under sub - section (2 ) of section 45 of the Unlawful Activities (Prevention) Act , 1967 has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

7. Whereas , after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub - section (2) of section 45 of the Unlawful Activities (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.

8. Now, therefore , in exercise of powers conferred by sub- section (2 ) of section 45 of the Unlawful Activities ( Prevention) 4

The J& K Govt . Gazette , 19th June , 2019/ 29th Jyai . , 1941. [No. 11-0

Act , 1967 , the State Government hereby accords sanction for launching prosecution against the following accused persons for the commission of offences shown against each in FIR No. 133/2018 , Police Station ,

Kulgam :-

Name of the accused

Offinces Under Section

S. No.

13 , 16 , 18 & 39

1. Farooq Ahmad Bhat @ Nali S/o Ab . Gani Bhat R/ o Check Dessend

13 , 16, 18 & 39

2. Javid Ahmad Bhat S/ o Ali Mohammad Bhat R/ o Redwani Bala

3. Sheeraz Ahmad Lone S/ o Ab . Rashid Lone R/ o Souch 13 , 16 , 18 & 39

4. Javaid Ahmad Bhat S/ o Mohammad Sabir Bhat R/ o Razgad Kadder 39 of UAPA 13 (2) , 18 , 19 , 38 and

5. Nisar Ahmad Thokar S/ o Mohammad Ramzan Thokar R/ o Zazripora 13(2) , 18 , 19 , 38 and 39 of UAPA

By order of Government of Jammu and Kashmir.

(Sd.)

Principal Secretary to the Government ,

Home Department .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

[ No. 12- a

Vol . 132 ] Jammu, Thu. , the 20th June , 2019/30th Jyai . , 1941.

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

PART I-B

Jammu and Kashmir Government- Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOME DEPARTMENT

Notification

Srinagar , the 20th June , 2019 .

SRO - 419.- Whereas , on 28-11-2018 , Police Station , Chadoora received an information to the effect that some terrorists equipped with illegally acquired automatic weapons aiming to carry out untoward The J& K Govt . Gazette, 20th June , 2019/30th Jyai . , 1941. [No. 12 - a

2 Terrorist Act are hiding in the residential house of one Ashiq Hussain Bhat S /o Ab . Rehman Bhat R/ o Kuthipora , Chadoora . Accordingly CASO was launched and during search , the hiding terrorists fired indiscriminately on the forces deployed with intention to kill the Security Forces and escape from the spot which resulted in injuries to some security personnel . The forces retaliated in self - defense . In the meanwhile , a mob of miscreants in hundreds assembled near the encounter site and resorted to heavy stone pelting upon the forces to facilitate the terrorists to escape etc .; and

(02) Whereas , to this effect a case FIR No. 179/2018 was registered at Police Station , Chadoora and investigation taken up ; and

(03 ) Whereas , during the course of investigation site plan of place of occurrence was prepared and witnesses acquainted with facts and circumstances were examined and their statements recorded under sections 161 and 164 - A Cr . PC . Investigation conducted revealed that while conducting search the hiding terrorists had fired upon the security forces which was retaliated and in the ensuing encounter/ crossfire some security force personnel sustained injuries and two militants got killed . Dead bodies along with arms and ammunition were recovered and necessary recovery and seizure memo were prepared and placed on file ; and

(04) Whereas , the dead bodies were identified as of militants namely Mohammad Naveed Jatt @ Hanzalla @ Chotu S / o Mohd Hanif Jatt R/ o 421 - E/B , Borvella , District Vihadi Multan , Punjab , Pakistan and Mehraj- ud -Din Khan S/ o Mushtaq Ahmad Khan R/ o New Colony, Sopore and after conducting of medico legal formalities the dead body of local militant Mehraj- ud - Din Khan was handed over to his legal heirs for burial on proper receipt and dead body of Foreign militant Naveed Jatt was handed over to Auqaf Committee , Handwara for burial after taking preserving DNA sample collected by the concerned FSL. Injured CRPF/ JKP personnel were shifted to Badamibagh Hospital for treatment after preparing the injury forms in respect of them and medical opinion was obtained . Further, investigation conducted also revealed that accused Towseef Ahmad Mir S/ o Ab . Rashid Mir R/ o Gowherpora , Chadoora and Ashiq Hussain Bhat S / o Ab . Rehman Bhat R/ o Kuthipora who lead a mob of stone pelters and helped accused militant Arshid Ahmad Dar S / o Gh . Rasool Dar R/ o Marwal , Kakapora , Pulwama to escape from the encounter site ; and No. 12- a] The J& K Govt. Gazette , 20th June , 2019 /30th Jyai . , 1941 . 3

(05 ) Whereas , during further course of investigation , some pictures exposing the escaped terrorist which had gone viral on social media were collected retrieved before Executive Magistrate , 1st Class , and placed as piece of evidence . Morever seized Arms /Ammunition were sent to FSL, Jammu for ballistic analysis and during investigation " Khaka Dasti " with regard to the ownership and identification of residential house where the militants were hiding was obtained which confirmed that the said house belonged to accused Ashiq Hussain Bhat S/ o Ab . Rehman Bhat R/ o Kuthipora , Chadoora . Moreover call details of Cell No. 7006536280 belonging to Towseef Ahmad S /o Ab . Rashid Mir R/o Gowherpora , Chadoora was obtained and his location on the date of occurrence was detected in Kuthipora, Chadoora , which also corroborated his involvement in helping the accused Arshid Ahmad Dar to escape from the place of occurrence . Allied documents obtained from SHO , Police Station, Kakapora concerned vide his No. 1414/5A/ PSK/ 2018 dated 25-12-2018 revealed that the picture of escaping terrorist was that of Arshad Ahmad Dar S/ o Gh . Rasool Dar R/o Marwal , Kakapora , Pulwama who had recently joined the militant ranks ; and

(06) Whereas , cogent evidence documentary as well as circumstantial , prima facie established offences punishable under sections 147 , 148 , 149 , 336 , 332 , 307 RPC 18 ULA( P) against accused 1. Tauseef Ahmad Mir S/ o Abdul Rashid Mir R/ o Gowherpora , Chadoora 2. Ashiq Hussain Bhat S/ o Ab . Rehman Bhat R/ o Kuthipora , Chadoora and offences under sections 307 RPC , 7/27 A. Act , 3 PPD Act and 16 , 20 ULA ( P) Act against accused 3. Arshid Ahmad Dar S/ o Gh . Rasool Dar R/ o Marwal , Kakapora , Pulwama 4. Mohammad Naveed Jatt @ Hanzalla @ Chotu S/ o Mohd Hanif Jatt R/ o 421 - E/B , Borevalla , District Vihadi Multan , Punjab , Pakistan and 5.Mehraj -ud - Din Khan S / o Mushtaq Ahmad Khan R/ o New Colony, Sopore and accordingly investigation of the case concluded as proved against them ; and

(07) Whereas , during the course of investigation , accused A- l and ' A- 2 ' were arrested in the case and accused ( 1 ) Tauseef Ahmad Mir S / o Abdul Rashid Mir R/ o Gowherpora , Chadoora was released by the orders of Hon'ble Court while as the accused (2) Ashiq Hussain Bhat S /o Ab . Rehman Bhat R/ o Kuthipora , Chadoora is presently under Judicial Custody in Sub - Jail , Humhama . Despite coercive /hectic efforts the accused namely Arshid Ahmad Dar S /o Gh . Rasool Dar R/ o Marwal , Kakapora , Pulwama deliberately evaded his arrest and accordingly proceedings under section 512/ Cr . PC have been proposed against him ; and [No. 12- a

4 The J& K Govt . Gazette , 20th June , 2019/30th Jyai . , 1941.

(08 ) 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 for commission of offences punishable under sections 16 , 18 , 20 of the Unlawful Activities ( Prevention) Act, 1967 ; and

(09 ) 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.

( 10) 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. Tauseef Ahmad Mir S/ o Abdul Rashid Mir R/ o Gowherpora , Chadoora ; 2. Ashiq Hussain Bhat S/ o Ab . Rehman Bhat R/ o Kuthipora , Chadoora for the commission of offences punishable under section 18 of Unlawful Activities (Prevention) Act ; and 3. Arshid Ahmad Dar S/ o Gh. Rasool Dar R/ o Marwal , Kakapora , Pulwama for commission of offences punishable under sections 16 and 20 of Unlawful Activities (Prevention) Act in case FIR No. 179/2018 of Police Station , Chadoora .

By order of Government of Jammu and Kashmir

(Sd.)

Principal Secretary to the Government ,

Home Department .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Thu. , the 2nd July, 2019/11th Asad . , 1941. [ No. 13 - 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 .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS ( JUDICIAL ADMINISTRATION SECTION) .

Notification

Srinagar, the 2nd of July, 2019 .

SRO - 429.- In exercise of the powers conferred by sub - section ( 1) of section 3 of the Jammu and Kashmir Commercial Courts Act , 2018 and in consultation with the High Court of Jammu and Kashmir , the Government hereby designates the Courts of Additional District Judge (Bank Cases ) at Jammu and Srinagar as Commercial Courts for the Districts of Jammu and Srinagar respectively and Principal District Courts of all other Districts as Commercial Courts within their respective jurisdiction .

2 The J& K Govt . Gazette , 2nd July , 2019/11th Asad , 1941. [No. 13 - e

Further , in exercise of powers conferred by sub - section ( 2) of section 3 of the said Act and in consultation with the High Court of Jammu and Kashmir, the pecuniary value of the jurisdiction of each such Commercial Courts is fixed at 3.00 Lakhs ( Rupees Three Lakhs only ) .

By order of the Government of Jammu and Kashmir .

( Sd .) ACHAL SETHI ,

Secretary to Government .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Tue. , the 2nd July, 2019/11th Asad. , 1941. [ No. 13 - g

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

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS ( POWER SECTION ) .

Notification

Srinagar, the 2nd of July, 2019 .

SRO - 431 . In exercise of powers conferred by sub - section ( 1 ) of section 12 of the Code of Criminal Procedure , Samvat , 1989 , the Government hereby appoint Shri Imtiyaz Ahmad Naik (Jr. KAS ) , Tehsildar Larnoo , Anantnag to be the Executive Magistrate of the First Class who 2 The J& K Govt. Gazette , 2nd July, 2019/ 11th Asad , 1941. [No. 13 - e

shall exercise all the powers of an Executive Magistrate of the First Class within territorial jurisdiction of Larnoo Anantnag .

By order of the Government of Jammu and Kashmir .

(Sd . ) ACHAL SETHI ,

Secretary to Government .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Wed. , the 3rd July, 2019/12th Asad. , 1941. [ No. 13 -h

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

PART I- B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOME DEPARTMENT

Notification

Srinagar , the 3rd of July, 2019 .

SRO - 432.- Whereas , vide notification SRO - 260 dated 09th of September , 2008 , Additional District and Sessions Judge , Jammu was appointed as an ex officio Arbitrator to make an award in respect of land measuring 110 Kanals and 14 Marlas situated at Village Deeli , Tehsil and District Jammu ; and 2 The J& K Govt . Gazette , 3rd July , 2019/12th Asad . , 1941. [No. 13 -h

Whereas , the Arbitration proceedings were not completed within the stipulated period and on the request of the Arbitrator , the time to complete the proceedings was extended from time to time , the latest having been granted vide notification SRO - 202 dated 28th of June , 2016 , in terms of which the time for making the award was extended by a further period of four months upto 28-10-2016 ; and

Whereas , the Arbitrator in terms of communication No. 56/ ADJJ Dated 26-09-2017 sought four months extension of time ; and

Whereas , in the meanwhile , the Hon'ble High Court at Jammu in terms of its order dated 21-02-2018 passed in APOWP No. 7/2018 in OWP No. 235/2018 reads with order dated 07-02-2018 titled Imtiyaz Ahmed and another Vs. State and others , inter alia , directed to extend the period for passing the award by four months from the date of receipt of copy of the order ; and

Whereas , the matter has been examined and after consideration, it has been decided to accept the recommendation of the Arbitrator regarding grant of extension in time for making the award ; and

Now, therefore , in exercise of the powers conferred by sub- rule ( 1 ) of rule 10 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules , 1969 , the Government hereby direct that the time for making the award shall and shall always be deemed to have been extended by a further period of Four months w. e . f. the date of issuance of this notification .

By order of the Government of Jammu and Kashmir.

( Sd . ) SHALEEN KABRA, IAS ,

Principal Secretary to the Government .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOME DEPARTMENT

Notification

Srinagar, the 4th of July, 2019.

SRO - 433.-Whereas , vide notification SRO - 125 dated 21st of April , 2014 , Additional District and Sessions Judge , Udhampur was appointed as an ex officio Arbitrator to make an award in respect of land measuring 1780 Kanals and 09 Marlas situated at Village Priyan , Gordi , Southan Sutain and Thill , Tehsil and District Udhampur ; and 2 The J&K Govt . Gazette , 4th July , 2019/13th Asad . , 1941. [No. 14 - a

Whereas , the Arbitration proceedings were not completed within the stipulated period and on the request of the Arbitrator , the time to complete the proceedings was extended from time to time , the latest having been granted vide notification SRO - 549 dated 11th of December, 2018 , in terms of which the time for making the award was extended by a further period of six months up to 21-02-2019 ; and

Whereas , the Arbitrator in terms of communication No. 50 -A/ ADSJ / Udh . dated 25-02-2019 sought further extension of time ; and

Whereas , the matter has been examined and after consideration it has been decided to accept the recommendation of the Arbitrator regarding grant of extension in time for making the award .

Now, therefore , in exercise of the powers conferred by sub- rule ( 1 ) of rule 10 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules , 1969 , the Government hereby direct that the time for making the award shall and shall always be deemed to have been extended by a further period of Four months w. e . f . the date of issuance of this notification .

By order of the Government of Jammu and Kashmir .

( Sd . ) SHALEEN KABRA , IAS ,

Principal Secretary to the Government .

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

EXTRAORDINARY

REGD . NO . JK-33

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Srinagar, the 4th of July, 2019 .

SRO - 434 . In exercise of the powers conferred by section 3 of the Jammu and Kashmir Motor Spirit and Diesel Oil ( Taxation of Sale) Act , Samvat 2005 and in partial modification of Notification SRO - 456 dated 4-10-2018 , the Government hereby direct that the rate of tax on sale of Diesel shall be levied as follows :-

litre." " Sale price of Diesel per litre plus 16 % tax minus Rs . 0.50 per

This notification shall come into force w.e. f . 5-7-2019 .

By order of the Government of Jammu and Kashmir.

( Sd . ) DR . ARUN KUMAR MEHTA , IAS

Financial Commissioner , Finance Department .

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

EXTRAORDINARY

REGD . NO . JK-33

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Srinagar, the 4th of July, 2019 .

SRO - 435 . In exercise of the powers conferred by section ( 1 ) of section 3 of the Jammu and Kashmir Levy of Tolls Act , Samvat, 1995 , (Act No. VIII of 1995) , and in partial modification of Notification SRO - 70 dated 5-2-2018 the Government hereby direct that the Toll on Cigarette and Tobacco (in all forms ) shall be levied at Rs . 8000 per quintal and Rs . 800 per quintal respectively.

This notification shall come into force w.e. f. 5-7-2019 .

By order of the Government of Jammu and Kashmir .

( Sd . ) DR . ARUN KUMAR MEHTA , IAS ,

Financial Commissioner , Finance Department .

EXTRAORDINARY

REGD . NO . JK- 33

JAMMU & KASHMIR

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Mon. , the 8th July, 2019 /17th Asad . , 1941. [ No. 14 - 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 .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT- FINANCE DEPARTMENT

Notification

Srinagar , the 8th of July , 2019 .

SRO - 437 . In exercise of the powers conferred by section 148 of the Jammu and Kashmir Goods and Services Tax Act . , 2017 (Act No. V of 2017 ) ( hereafter in this notification refferred to as the said Act , the State Government , on the recommendations of the Council , hereby notifies the registered persons paying tax under the provisions of section 10 of the said Act or by availing the benefit of SRO Notification No. 206 dated 18th March , 2019 issued by Finance Department , Government of Jammu and Kashmir ( hereinafter refferred to as " the said notification " ) as the class of registered persons who shall follow the special procedure as mentioned below for furnishing of return and payment of tax .

2

The J& K Govt . Gazette , 8th July , 2019/17th Asad. , 1941. [ No. 14 - c

2. The said persons shall furnish a statement , every quarter or , as the case may be , part therof containing the details of payment of self- assessed tax in Form GST CMP - 08 of the Jammu and Kashmir Goods and Services Tax Rules , 2017 , till the 18th day of the month succeeding such quarter.

3. The said persons shall furnish a return for every financial year or , as the case may be , part thereof in FORM GSTR - 4 of the Jammu and Kashmir Goods and Services Tax Rules , 2017 on or before the 30th day of April following the end of such financial year.

4. The registered persons paying tax by availing the benefit of the said notification, in respect of the period for which he has availed the said benefit , shall be deemed to have complied with the provisions of section 37 and section 39 of the said Act if they have furnished FORM GST CMP - 08 and FORM GSTR - 4 as provided in para 2 and para 3 above .

By order of the Government of Jammu and Kashmir.

( Sd. ) DR . ARUN KUMAR MEHTA , IAS ,

Financial Commissioner, Finance Department .

No. 14 -f] The J& K Govt . Gazette , 9th July, 2019/ 18th Asad. , 1941. Tue.

EXTRAORDINARY

REGD . NO . JK-33

PART I - B

Jammu and Kashmir Government - Notifications .

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

(Acquittal Section)

Notification

Srinagar, the 9th of July, 2019 .

SRO - 438.- In exercise of the powers conferred by section ( 1 ) of section 492 of the Code of Ciminal Procedure , Samvat 1989 , the Government hereby appoint Shri . Syed Suhail Haqani Advocate , Anantnag as Special Public Prosecutor to conduct the case titled State vs. Khalid Habib Hajam involving offences punishable under section 363 , 3376, 109 RPC FIR No. 236/2018 P/ S Qazigund before the court of District and Sessions Judge , Anantnag .

By order of the Government of Jammu and Kashmir .

(Sd.)

Secretary to the Government ,

Department of Law, Justice and Parliamentary Affairs .

EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Sat. , the 31st August , 2019/ 9th Bhad . , 1941. [ No. 22-1

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 .

JAMMU AND KASHMIR GOVERNMENT SOLID WASTE MANAGEMENT BYE - LAWS , 2019

Notification

Jammu , the 31stAugust , 2019.

In exercise of the powers conferred by clause (9) of rule 3 read with clauses ( e) , ( f) , ( zf) and (zg) of rule 15 of the Solid Waste Management Rule , 2016 , the Authority hereby make the following bye- laws ; namely :-

CHAPTER I

1. Short Title and Commencement . ( 1 ) These bye - laws shall be called the Jammu Municipal Corporation , Solid Waste Management Bye- Laws , 2019.

(2) They shall come into force on the date of their publication in the J& K Government Gazette .

2 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

2. Extent of Application . These bye- laws shall be applicable within the territorial limits of Jammu Municipal Corporation.

3. Definitions .-( 1 ) In these bye- laws , unless the context otherwise requires ,-

( 1 ) " Agency " means Jammu Municipal Corporation ;

(2) " Aerobic composting " means a controlled process involving microbial decomposition of organic matter in the presence of oxygen ;

(3 ) " Anaerobic digestion " means a controlled process involving microbial decomposition of organic matter in the absence of oxygen ;

(4) " Authorization " means the permission given by the State Pollution Control Board , to the operator of a facility or Urban Local authority, or any other agency responsible for processing and disposal of Solid waste ;

(5) " Biodegradable waste " means any organic material that can be degraded by micro - organism into simpler stable compounds ;

(6) " Bio - methanation " means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas ;

(7) " Brand owner " means a person or company who sells any commodity under a registered brand label ;

(8) " Bulk Garden and Parks & Horticultural Waste " means bulk waste from parks , gardens etc. including grass clippings , weeds , woody ' brown ' carbon - rich material such as branches , twigs , wood chipping , straw, dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;

(9 ) " Bulk Waste Generator " means bulk waste generator defined under Rule 3 ( 1 ) ( 8) of the Solid Waste Management 3

No. 22-1 ] The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 .

Rules , 2016 (hereinafter referred to as ' SWM Rules' ) and any other waste generator including buildings occupied by the Central Government departments or undertakings , State Government departments or undertaking , Local bodies , public sector undertakings or private companies , hospitals , nursing homes , schools , colleges , universities , other educational institutions , hostels , hotels , commercial establishments , markets , places of worship , stadia and sport complexes having an average waste generation rate exceeding 100 Kg . per day ;

(10 ) " C & D waste ( Construction and Demolition waste) " means Construction and Demolition Waste ( Debris ) that are non - hazardous in nature generated out of building materials , debris and rubble in the jurisdiction of Jammu Municipal Corporation ;

( 11 ) " Clean Area " means the public place in front of and all around or adjacent to any premises extending to the kerb side and including the drain, foot path and kerb cleaned and so maintained in accordance with these bye - laws ;

( 12) " Cleanliness Fee " means an amount of fees collected by the managers / Organizers for cleaning the site by the Agency ;

(13 ) " Collection " means lifting and removal of solid waste from source of waste generation, collection points or any other location ;

( 14) " Collection Counter " means where the user charges shall be remitted which will be available at all Zonal Officers and headquarters .

( 15) " Combustible waste " means non - biodegradable , non- recyclable , non - reusable , non - hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic , wood pulp , etc .;

(16) " Community waste storage bin " means any storage facility setup and maintained by the Jammu Municipal 4 The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

Corporation in the State collectively by owners and or/ occupiers of one or more premises for storage of Municipal Solid Waste in a segregated manner in the road side/ premises of anyone of such owners/ occupiers or in their common premises ;

(17) " Composting " means a controlled process involving microbial decomposition of organic matter ;

( 18 ) " Co - processing " means use of non - biodegradable and non- recyclable solid waste having calorific value exceeding 1500k/ cal as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes ;

(19) " Containerised Hand Cart " means the hand cart provided by the Jammu Municipal Corporation or the agency/ agent appointed by it for point- to- point collection of solid waste ;

(20 ) " Decentralized processing " means establishment of dispersed facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal ;

(21 ) " Delivery " means handing over any category of solid waste to worker of Jammu Municipal Corporation or any other person appointed, authorised or licensed by Jammu Municipal Corporation for taking delivery of such waste or depositing it in any vehicle provided by Jammu Municipal Corporation or by any other authorised agency or licensed by Jammu Municipal Corporation to do so ;

(22) " Disposal " means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land to prevent contamination of ground water , surface water, ambient air and attraction of animals or birds ;

(23) " Domestic hazardous waste " means discarded paint drums , pesticide cans , CFL bulbs , tube lights , expired No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 . 5

medicines , broken mercury thermometers , used batteries , used needles and syringes and contaminated gauge , etc. , generated at the household level ;

(24) " Door to door collection " means collection of solid waste from the door step of households , shops , commercial establishments , offices , institutional or any other non- residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments , large residential , commercial or institutional complex or premises ;

(25 ) " Dry waste " means waste other than bio - degradable waste and inert street sweepings and includes recyclable and non recyclable waste, combustible waste and sanitary napkin and diapers , etc .;

(26) " Dump sites " means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;

(27) " Event " means any gatherings for the purpose of functions , celebrations , meetings , rallies , processions , open air theatre activities , cinema shootings in public places .

(28) " Extended producer responsibility " ( EPR) means responsibility of any producer of packaging products such as plastic , tin , glass , wrappers and corrugated boxes , etc. , for environmentally sound management , till end- of- life of the packaging products ;

(29) " E - waste " shall have the same meaning as defined under Rule 3 ( 1) ( r ) of the E- Waste (Management ) Rules , 2016.

(30 ) " Facility " means any establishment wherein the solid waste management processes namely segregation , recovery , storage , collection , recycling , processing , treatment or safe disposal are carried out ;

31 ) " Familiarization /warning period " means that specific period, during which there is a relaxation in the fines for contravention of these bye- laws ;

6 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

(32) " Fine " means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye - laws for non- compliance of the directions contained in rules and/or these bye- laws ;

(33 ) " Fixed Compactor Transfer Station ( FCTS) " means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation . The compacts or may also be mobile when in operation , which may be called Mobile Transfer Station (MTS ) ;

(34) " Handling " includes all activities relating to sorting , segregation , material recovery, collection , secondary storage , shredding, baling, crushing , loading , unloading , transportation , processing and disposal of solid wastes ;

(35) " Hazardous waste " means any waste which by reason of any of its physical , chemical , reactive , toxic , causing danger or is likely to cause danger to health or environment , whether alone or when in contact with other wastes or substances and all other hazardous wastes as defined in the Hazardous Wastes (Management and Handling ) Rules , 1989 as amended to date and the Hazardous and other waste (Management and Transboundary Movement) Rules , 2016 ;

(36) " Horticulture , Parks and Garden Waste " means waste from parks , gardens traffic island etc. These include grass clipping, annual weeds woody 'brown' carbon - rich material such as branches , twigs , wood chipping , straw , dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;

( 37) " House - gully " means a passage or strip of land , constructed , set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine , urinal , cesspool or other receptacle for filling of other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom .

7

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 .

(38 ) " Incineration " means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) " Inerts " means wastes which are not bio - degradable , recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) " Informal waste collector " includes individuals , associations or waste traders who are involved in sorting , sale and purchase of recyclable materials ;

(41 ) " Leachate " means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) " Litter " means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye - Laws , tends to create uncleanliness or a danger or nuisance to public health , safety or welfare ;

(43) " Littering " means putting litter in such a location that it falls , descends , blows , is washed , percolates or otherwise escapes or is likely to fall, descend blow, be washed , percolate or otherwise escape into or onto any public place , or causing , permitting or allowing litter to fall , descend, blow, washed, percolate or otherwise escape into or onto any public place ;

(44) " Local body " for the purpose of these bye - laws means JMC / SMC and other Local Bodies including , Municipal Councils , Municipal Committees , Town Area Committees , in the State ;

(45) " Materials Recovery facility " ( MRF ) means a facility where non - compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation , sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers , informal recyclers or any other work force engaged by the 8 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

local body or entity for the purpose before the waste is delivered or taken up for its processing or disposal ;

(46) " Neighbourhood " means a clearly defined locality, with reference to its physical layout , character or inhabitants ;

(47) " New construction " means all buildings under construction within the limits of the Jammu Municipal Corporation ;

(48 ) " Non- biodegradable waste " means any waste that cannot be degraded by microorganisms into simpler stable compounds ;

(49 ) " Nuisance " includes any act , omission , place or thing which comes or is likely to cause injury, danger, annoyance or offence to the sense of sight , smelling or hearing or which is or may be dangerous to life or injurious to health or property ;

(50) " Nuisance Detectors " ( NOs ) means those employees of the Jammu Municipal Corporation who are appointed to detect the acts of Public nuisance , etc .;

( 51 ) " Occupier/ occupant " includes any person who for the time being is in occupation of, or otherwise using , any land or building or part thereof, for any purpose whatsoever ;

(52) " Operator of a facility " means a person or entity, who owns or operates a facility for handling solid waste which includes the Jammu Municipal Corporation and any other entity or agency appointed by the Jammu Municipal Corporation ;

(53) " Owner " means any person who exercises the rights of an owner of any building , or land or part thereof ;

(54) " Pelletisation " means a process whereby pellets are prepared which are small cubes or cylindrical pieces made out of solid waste and includes , fuel pellets which are also referred as refuse derived fuel ;

No. 22-1] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 9

( 55) " Primary collection " means collecting , lifting and removal of segregated solid waste from source of its generation including households , shops , offices and any other non- residential premises or from any collection points or any other location specified by the Jammu Municipal Corporation .

(56) " Processing " means any scientific process by which segregated solid waste is handled for the purpose of reuse , recycling or transformation into new products ;

(57) " Public place " includes any road, arch road, viaduct , lane , footway, alley or passage , highway, causeway, bridge , square alley or passage whether a thoroughfare or not over which the public have a right of passage , and such places to which the public has access such as parks , gardens , recreation grounds , playgrounds , beaches , water bodies , water courses , public plazas and promenades , government and municipal buildings , public hospitals , markets , slaughter houses , courts , etc.;

(58) " Prescribed " means prescribed by SWM Rules and / or these bye - laws ;

(59) " Receptacle" means any storage container , including bins and bags , used for the storage of any category of MSW ;

( 60 ) " Recycling " means the process of transforming segregated non -biodegradable solid waste into new material or product or as raw material for producing new products which mayor may not be similar to the original products ;

( 61) " Recyclable Waste " means the waste that is commonly found in the MSW. It is also called as " Dry Waste " . These include many kinds of glass , paper , metal , plastic , textiles , electronics goods , etc.

( 62) " Redevelopment " means rebuilding of old residential or commercial buildings at the same site , where the existing buildings and other infrastructures have become dilapidated ;

10 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [No. 22-1

(63) " Refuse " means any waste matter generated out of different activities , processes , either Bio - degradable/Non- biodegradable/ recyclable in nature in either solid or semi- solid form which cannot be consumed , used or processed by the generator in its existing form .

(64) " Refuse Derived Fuel " ( RDF) means fuel derived from combustible waste fraction of solid waste like plastic , wood , pulp or organic waste , other than chlorinated materials , in the form of pellets or fluff produced by drying , shredding , dehydrating and compacting of solid waste ;

(65) " Residual solid waste " means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing ;

(66) " Rule " means Solid Waste Management Rules , 2016 ;

( 67) " Sanitation " means the promotion of hygiene and the prevention of disease and other consequences of ill health relating to environmental factors ;

(68) " Sanitary Landfill Facility " means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water , surface water and air fugitive dust , wind- blown litter, bad odour , fire hazard , bird menace , pests or rodents , greenhouse gas emissions , slope instability and erosion ;

( 69) " Sanitary land filling " means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water, surface water and fugitive air dust , wind- blown litter, bad odour, fire hazard , animal menace , bird menace , pests or rodents , greenhouse gas emissions , persistent organic pollutants slope instability and erosion ;

(70 ) " Sanitary waste " means wastes comprising of used diapers , sanitary towels or napkins , tampons , condoms , incontinence sheets and any other similar waste ;

No. 22-1 ] The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 11

( 71 ) " Sanitary worker " means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal /corporation areas ;

(72) " Schedule " means the Schedule appended to these rules ;

(73 ) " Storage " means the temporary containment of solid waste in a manner so as to prevent littering , attraction to vectors , stray animals and excessive foul odour ;

(74) " Secondary storage " means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;

(75 ) " Segregation " means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste , non biodegradable wastes including recyclable waste , non- recyclable combustible waste , sanitary waste and non recyclable inert waste , domestic hazardous wastes , and construction and demolition wastes ;

(76) " Service provider " means an authority providing public utility services like water , sewerage , electricity, telephone , roads , drainage , etc .;

(77) " Solid waste " means and includes solid or semi- solid domestic waste , sanitary waste , commercial waste , institutional waste , catering and market waste and other non - residential wastes , street sweepings , silt removed or collected from the surface drains , horticulture waste , agriculture and dairy waste , treated bio - medical waste , Hazardous waste excluding industrial waste , bio - medical waste and e - waste , battery waste , radio - active waste generated in the area under the local authorities and other entities ;

(78 ) " Sorting " means separating various components and categories of recyclables such as paper, plastic , cardboards , metal , glass , etc. , from mixed waste as may be appropriate to facilitate recycling ;

12 The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;

( 80) " Spittoon " means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into .

( 81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land , soil erosion control and soil remediation ;

(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the mechanical /biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;

(83 ) " Street vendor " means any person engaged in vending of articles , goods , wares , food items or merchandise of everyday use or offering services to the general public , in a street , lane , side walk, footpath , pavement , public park or any other public place or private area , from a temporary built up structure or by moving from place to place and includes hawker , peddler , squatter and all other synonymous terms which may be local or region specific ; and the words " street vending " with their grammatical variations and cognate expressions , shall be construed accordingly ;

(84) " Tipping fee " means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill ;

(85 ) " Transportation " means conveyance of solid waste , either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour , littering and unsightly conditions ;

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 13

(86) " Transfer station " means a facility created to receive solid waste from collection areas and transport in bulk in covered vehicles or containers to waste processing and , or, disposal facilities ;

(87) " Treatment " means the method , technique or process designed to modify physical , chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm ;

(88) " User fee/ Charges " means fees or charges imposed by Jammu Municipal Corporation, through general or special order of the Competent Authority from time - to- time , on the waste generator to cover full or part cost of providing solid waste collection , transportation, processing and disposal services ;

(89 ) " Vacant Plot " means any Land or open space belonging to a private party/ person that is not occupied by them/him ;

( 90 ) " Vermi composting " means the process of conversion of bio -degradable waste into compost using earth worms ;

(91 ) " Waste hierarchy " means the priority order in which the solid waste is to be managed by giving emphasis to prevention , reduction reuse , recycling , recovery and disposal , with prevention being the most preferred option and the disposal at the landfill being the least ;

(92) " Waste generator " means and includes every person or group of persons , every residential premises and non- residential establishments including Indian Railways , defence establishments , which generate solid waste or other institutions i . e . Hotels , restaurants , malls , private/government business / industrial establishments falling within the limits of Jammu Municipal Corporation .

14 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

(93) " Waste picker " means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation , streets , bins , material recovery facilities , processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood .

CHAPTER II

SEGREGATION AND PRIMARY STORAGE OF

SOLID WASTE

4. Segregation and storage of solid waste at source .-( 1 ) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely :-

(a) non- biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ; and deposit it into covered waste bins , and handover segregated waste to designated waste collectors as per the direction of Jammu Municipal Corporation from time to time.

(2) Every bulk waste generator is to separate and store the solid waste coming out of their own places into three streams namely : -

(a) non- biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) hazardous waste in suitable bins ; and handover segregated waste to authorised waste processing or disposal facilities or deposition centres through the authorised waste collection agency with paying the carrying charges specified by Jammu Municipal Corporation from time to time.

(3) The colour of bins for storage of segregated waste shall be green- for biodegradable waste or wet waste blue - for non- biodegradable or dry waste and black- for domestic hazardous waste .

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 15

(4) All resident welfare and market associations shall ensure segregation of waste at source by the generators , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Jammu Municipal Corporation .

(5) All gated communities and institutions with more than 5,000 sq. m . area shall ensure segregation of waste at source by the generators , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio - degradable waste shall be processed, treated and disposed off through composting or bio- methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Jammu Municipal Corporation .

(6) All hotels and restaurants shall ensure segregation of waste at source , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Jammu Municipal Corporation .

(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Jammu Municipal Corporation along with payment of user fee as prescribed in the schedule , at least three working days in advance and the person or the organizer of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by Jammu Municipal Corporation.

(8) Used sanitary waste are to be securely wrapped as and when generated in the pouches provided by the manufacturers or brand owners of these products or in a news paper or suitable biodegradable wrapping material and place the same in the bin meant for non- biodegradable waste or dry waste .

16 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

(9) Every street vendor shall keep suitable containers for storage of segregate waste generated during the course of his activity such as food waste , disposable plates , cups , cans , wrappers , coconut shells , leftover food , vegetables , fruits , etc. , and shall deposit such waste at waste storage depot or container or vehicle as notified by Jammu Municipal Corporation .

(10) Waste generator of garden and horticulture waste generated from his premises shall store such waste separately in his own premises and dispose of the same as per the directions of Jammu Municipal Corporation from time to time .

(11) Domestic Hazardous Waste shall be stored and delivered by every waste generator to the collection vehicle which shall be provided weekly/ periodically by Jammu Municipal Corporation or any other Agency authorised by it for collection of such waste , or to a centre designed for collection of such waste for disposal in a manner that is mandated by the Government of Jammu and Kashmir or State Pollution Control Board .

(12) Construction and Demolition Waste shall be stored and delivered separately as per the Construction and Demolition Waste Management Rules , 2016.

(13) No untreated bio - medical waste , e - waste , hazardous chemicals and industrial waste shall be mixed with solid waste . Such waste shall be disposed off in accordance with the respective rules framed under the Environment ( Protection) Act , 1986 .

(14) Every owner / occupier of any premises other than designated slaughter houses and markets , who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time , on a daily basis to the Jammu Municipal Corporation , collection vehicle provided for this purpose . Depositing of such waste in any community waste bin is strictly prohibited .

( 15) Segregated bio - degradable solid waste if not composted by the generators , shall be stored by them within their premises and its delivery shall be ensured to the municipal worker / vehicle/ waste picker / waste collector or to the bio - degradable waste collection vehicle provided for specified commercial generators of bulk bio - degradable waste at such times as may be notified from time to time.

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 17

CHAPTER III

SOLID WASTE COLLECTION

4. Collection of Solid Waste .-( 1 ) In compliance with SWM Rules , 2016 , door to door collection of segregated solid waste shall be implemented in all areas or Wards of Jammu Municipal Corporation , to collect garbage from every house , including slums and informal settlements on a daily basis by integrating the informal door to door collection system with Jammu Municipal Corporation collection system .

(2) In order to collect garbage from every house , area - wise specific time slot shall be set and published at conspicuous parts of that area and on the website of Jammu Municipal Corporation, Commonly, time for house to house garbage collection shall be set from 5.30 A. M. to 10.30 A. M. for summer and for winter 7:00 A. M. to 11:00 A. M. For collection of garbage from trading establishments , shops in commercial areas or any other institutional waste generators , commonly the time shall be from 7.30 A. M. to 11.00 A. M. However , sweeping can be undertaken twice daily, if required at public and commercial places . The timing for collection of garbage from the trading establishments , shops in commercial areas or any other institutional waste generators shall be decided by the Jammu Municipal Corporation accordingly.

(3 ) Arrangements shall be made for collection of residual solid waste from bulk waste generators , which are processing waste in - situ .

(4) Residual solid waste from vegetable , fruit , flower, meat , poultry and fish market shall be collected on day to day basis .

(5) Horticulture and garden waste shall be separately collected and disposed off. One or two days in a week shall be specified for this purpose .

(6) To make optimum use of bio -degradable waste from fruits and vegetable markets , meat and fish markets , bulk horticulture and garden waste and to minimize the cost of collection and transportation, such waste shall be processed or treated within the area where waste is generated .

18 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

(7) Manual handling of waste in the containers shall be prohibited. If unavoidable due to constraints , manual handling shall be carried out under proper protection with due care for safety of workers .

(8 ) Waste generators shall be responsible to deposit their segregated waste in the Auto- Tipper/Rickshaws etc. deployed by Jammu Municipal Corporation . Segregated waste from multistoried buildings , apartments , housing complexes may be collected from the entry gate or any other designated location .

(9 ) Changing needs and advances in technology shall be taken into consideration for selection of collection equipment and vehicles . Auto- Tippers or vehicles of specific capacity with hydraulically operated hopper covering mechanism from top having two compartments for carrying biodegradable and non -biodegradable waste separately with a hooter shall be deployed for collection of waste .

(10) Automatic voice recorded device , bell or horn having sound not more than the permissible noise level shall be installed on every garbage collection vehicle used by waste collectors .

(11) Route plans for each primary collection and transportation vehicle shall be provided by Jammu Municipal Corporation or by the notified authorised waste collector. These plans in tabular as well as GIS map form , duly approved by Jammu Municipal Corporation shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Jammu Municipal Corporation or the notified authorised waste collector shall provide a ' Board' at each street to display time- table of primary collection and transportation vehicles to allow residents avail the facility at prescribed time. Such information shall also be uploaded on the website of Jammu Municipal Corporation and published in the local leading newspaper periodically for the information of General Public .

(12) In narrow streets that cannot be serviced by auto tipper or the vehicle , a 3 - Wheeler or smaller motorized vehicle with hydraulically operated hopper covering mechanism from top having two compartments for carrying wet and dry waste separately with a hooter, compatible with mobile transfer station shall be deployed .

No. 22-1] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 19

(13) In congested and narrower streets that cannot even be serviced by 3 - Wheeler or smaller vehicle , cycle rickshaws or any other type of suitable equipment shall be deployed .

(14) Smaller, narrow and congested streets /lanes where even a 3 - wheeler/ rickshaw etc. cannot operate , vantage points shall be designated at the start of the locality/ street where the collection vehicle shall be parked and the helper /driver of vehicle shall carry a whistle and walk in the locality to announce arrival of vehicle for collecting solid waste . Time table for such collection system shall be displayed at the notice board and uploaded on the website of Jammu Municipal Corporation .

(15) Auto tippers , 3 - wheelers , rickshaws and any other type of collection vehicles engaged in this service shall collect waste only from households and not from any other source viz . dhalaos , open sites , ground , bins and drains etc.

(16) Jammu Municipal Corporation or its notified authorised waste collectors shall be responsible to cover all the streets / lanes of each zone for the primary collection .

CHAPTER IV

SECONDARY STORAGE OF SOLID WASTE

6. Storage of solid waste in the secondary storage points.- (1) Segregated solid waste collected from doorsteps shall be taken to waste storage depots , community storage bins or fixed or mobile transfer stations or the locations specified by Jammu Municipal Corporation for secondary storage of waste .

(2) Such secondary storage points shall have covered containers (ofspecified colour) for separate storage of

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

20 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [No. 22-1

(3) Different containers shall be used in the areas demarcated by Jammu Municipal Corporation to keep segregated waste in the following manner : -

(a) green- for biodegradable waste ;

(b) blue for non - biodegradable ;

(c) black for domestic hazardous waste ;

Jammu Municipal Corporation shall separately notify, from time to time , mandatory colour coding and other specifications of receptacles prescribed for storage and delivery of different types of solid waste to enable safe and easy collection without any mixing or spillage of waste , which generators of different types of solid waste shall have to adhere to .

(4) Jammu Municipal Corporation on its own or through outsourcing agencies shall maintain the storage facilities for solid waste in a manner that does not create unhygienic and unsanitary conditions around it .

(5) Containers of various sizes in the secondary storage depots shall be provided by Jammu Municipal Corporation or any assigned agencies in different colours as mentioned in these bye- laws .

(6) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density ofpopulation .

(7) Storage facilities shall be user friendly and shall be so designed that it ensures compaction of waste and that the waste stored is not exposed to open atmosphere.

(8) All the housing cooperative societies , associations , residential and commercial establishments and gated communities etc. shall have the responsibility to put coloured bins as prescribed by these bye - laws and to keep adequate number of containers in appropriate places in their own complexes , so that the daily waste generated there can be properly deposited.

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941. 21

(9) Jammu Municipal Corporation or its specified agency shall carry out washing and disinfection of all the bins on a weekly basis .

(10) Recycling Centers for Dry Waste ( Non - Biodegradable Waste)-

( a) Jammu Municipal Corporation shall convert its existing Dhalaos or identify specific location as per requirement , as 'Recycling Centers ' which shall be used for segregation of dry waste received through street/ door to door waste collection service . Recycling centers may be increased depending on the quantity of dry waste received .

(b) Dry ( non- biodegradable ) waste from street /door- to - door collection system and from commercial establishments shall be transferred only to these designated ' recycling centers ' . These designated centers shall receive only dry waste .

(c) There shall also be a provision for the households to directly deposit or sell their recyclable dry waste to the authorised agents and/ or authorised waste dealers of Jammu Municipal Corporation at these recycling centers at pre - notified rates . A weighing scale and a counter shall be provided at each recycling unit for this purpose . The authorised agents and/ or authorised waste dealers shall be allowed to dispose off or sell the recyclable waste to the secondary market or recycling units only in consonance with the provisions of SWM Rules , 2016. The authorised agents and / or authorised waste dealers will be entitled to retain sales realization thereof.

(11) Deposition Centre for specified Domestic Hazardous Waste-

(a) For the collection of domestic hazardous waste , a deposition centre will be set up at a suitable location for receiving the specified domestic hazardous waste . Such facility shall be 22 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [No. 22-1

set in each ward in a manner as per guidelines prescribed and notify the timing of receiving of such waste .

(b) Jammu Municipal Corporation may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner.

(c) Such waste shall be transported separately to the hazardous waste disposal facility set up by the Government .

CHAPTER V

TRANSPORTATION OF SOLID WASTE

6. Transportation of solid waste .-( 1 ) Vehicles used for transportation of waste shall be covered in such manner that the collected waste is not exposed to open environment . The vehicles may also include compactors and mobile transfer stations depending upon choice of technology by Jammu Municipal Corporation .

(2) The storage facilities set up by Jammu Municipal Corporation shall be attended daily for clearing waste . The areas around the place where the bins or containers are kept shall also be cleaned .

(3) Collected segregated bio - degradable waste from residential and other areas shall be transferred to the processing plants like compost plants , bio -methanation plants or any such other facilities in a covered manner .

(4) Wherever applicable , for bio - degradable waste , preference shall be given for on - site processing of such waste .

(5) Collected non- bio- degradable waste shall be transported to the respective processing facilities or secondary storage facilities .

(6) Construction and Demolition Waste shall be transported as per the provisions of the Construction and Demolition Waste Management Rules , 2016 .

(7) Jammu Municipal Corporation shall make arrangements for transportation of inerts in a proper manner . The street sweeping waste No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 23

and removable drain silt shall be removed immediately after the work is over .

( 8 ) Transportation vehicles shall be so designed that multiple handling of waste , prior to final disposal , is avoided .

(9) The collection vehicles engaged for the purpose shall deposit/ transfer waste only at the MTS ( Mobile Transfer Station ) or FCTS ( Fixed compactor Transfer Stations ) wherever provided .

( 10) In case MTS/FCTS is not stationed at the designated location at that point of time for any reason , then the ' loaded vehicle' shall go to the next designated location of the MTS or FCTS or the site specified by Jammu Municipal Corporation to unload the waste .

( 11) Fixed compactor transfer station shall be transported through hook loader.

( 12) MTS or FCTS shall transport the waste directly to compost plant , waste to energy plant or any other site/ plant designated by Jammu Municipal Corporation .

(13) There should be no inter - mixing of waste from various sources during the transportation of waste .

(14) The services of street level collection and transportation of waste shall be provided every day including holidays .

(15) MTS engaged in this service shall receive waste only from designated auto tippers , 3 - wheelers or vehicle/bins collecting waste from street level operations .

(16) Dedicated MTS shall be deployed at specified locations to receive waste from the Auto Tippers , 3 - Wheelers , Rickshaws etc. engaged in street - level and door- to- door collection of solid waste from households and commercial establishments as per the approved route plans .

(17) Design of MTS and FCTS shall allow unloading of waste from primary collection vehicles by consuming minimum time and without littering waste.

24 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [No. 22-1

(18) Garbage spilled near MTS and FCTS , while transferring the solid waste , should be cleaned so that no spillage is left. Disinfectant should be used after cleaning process at that location .

(19) Jammu Municipal Corporation or its specified agency shall install CCTV cameras at all secondary storage facilities .

CHAPTER VI

PROCESSING OF SOLID WASTE

8. Processing of solid waste .- ( 1 ) Jammu Municipal Corporation shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :-

(a) to minimise transportation cost and environmental impacts , preference shall be given to decentralised processing such as bio - methanation, microbial composting , vermi - composting, anaerobic digestion or any other appropriate processing for bio - stabilisation of biodegradable waste ;

(b) through medium/ large composting bio - methanation plants at centralised locations ;

(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/ or

(d) through construction and demolition waste management plants.

(2) Jammu Municipal Corporation shall endeavour to create a market for consumption of RDF ( Refuse Derived Fuel) . The cement factories are liable to take RDF from municipal dumping sites who have to use RDF to the order of 5 % of the total fuel burnt by them in their kilns .

No. 22-1] The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941. 25

(3) In waste to energy plant by direct incineration , absolute segregation shall be mandatory and be part of the terms and conditions of the relevant contracts .

(4) Jammu Municipal Corporation shall ensure that recyclables such as paper , plastic , metal , glass , textile etc. go to authorised recyclers .

9. Other guidelines for processing of solid waste .-( 1 ) Jammu Municipal Corporation shall enforce processing of bio - degradable waste on site of generation of such waste through composting or bio - methanation, as far as possible , at RWAs ( Resident Welfare Associations ) , group housing societies , markets , gated communities and institutions with more than 5000 sq . m . areas , all hotels and restaurants , banquet halls and places of such nature . Preference shall be given for on site processing of biodegradable waste generated by other waste generators as well.

(2) Bulk generators who fail to install waste processing units within their premises shall be liable for fine to install such processing units with time line envisaged in the notices . If they perpetually fail to establish waste disposal system within six months after first notice issued to them, the Jammu Municipal Corporation are empowered to seal such erring bulk waste generating business establishments .

(3) Jammu Municipal Corporation shall enforce that markets dealing with vegetables , fruits , flowers , meat , poultry and fish waste while processing bio - degradable waste ensure hygienic conditions .

(4) Jammu Municipal Corporation shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .

(5) Jammu Municipal Corporation shall involve communities in waste management and promote home composting , bio gas generation , decentralized processing of waste at community level , subject to control of odour and maintenance of hygienic conditions around the facility.

(6) The waste generator has to pay user charges / sanitation fee to the local bodies inspite of the fact if they process their waste at their institutional level .

26 The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad. , 1941 [ No. 22-1

CHAPTER VII

DISPOSAL OF SOLID WASTE

10. Disposal of Solid waste . Jammu Municipal Corporation shall undertake on its own or through any other agency, the construction , operation and maintenance of sanitary landfill and associated infrastructure for disposal of residual waste and inert street sweepings and silt from surface drains in a manner prescribed under SWM Rules and any other obligation imposed by any other law for the time being in force.

CHAPTER VIII

USER FEE AND LEVYING OF SPOT FINE/ PENALTY

11. User fee for collection , transportation , disposal of solid waste .-( 1 ) User fee shall be fixed for providing services for garbage collection, transportation and disposal from waste generators by Jammu Municipal Corporation . The rates of user fee are specified in Schedule - I .

(2) The user fee so fixed shall be collected from waste generators by Jammu Municipal Corporation or the authorised agency or person as may be authorised by Commissioners/Director of Jammu Municipal Corporation in this behalf.

(3) Jammu Municipal Corporation shall prepare the database of all the waste generators for the purpose of levying user fee , and evolve appropriate mechanism for billing/ collection/ recovery of user charges , within three months from the date of notification of these bye - laws . The database shall be updated regularly.

(4) Jammu Municipal Corporation shall adopt different methods for collection of user fee including online payment .

(5) Special days in a month , preferably in first week of each month , shall be fixed for collection of user fee .

(6) There shall also be a system of yearly or half yearly payment . If the user fee is paid in advance for the entire year , then amount for ten months will be charged instead of twelve months . Similarly, for six months No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 27

advance payment , five and half months demand amount will be charged instead of six months .

(7) The user fee mentioned in Schedule - I shall stand automatically increased by 5 % after every 3 yearsars with effect from 1st January of the year .

(8) The user fee shall be collected only by the institution/ person authorised by the competent authority by a general or special order in this behalf.

(9) In case of default of payment of user fee/fine , the competent authority may recover the same from the defaulter as an arrear of land revenue as per the provision of Land Revenue Act , 1996. However , Municipal Corporation, Jammu/Srinagar shall be allowed to effect the recovery under the provisions of Jammu and Kashmir Municipal Corporation Act , 2000 .

12. Fine /Penalty for contravention of SWM Rules .-( 1 ) Whosoever ' contravenes or fails to comply with any of the provisions of SWM Rules or these bye - laws shall be imposed with fine as mentioned in Schedule - II appended to these bye- laws .

(2) In case of repeated contravention or non - compliance as mentioned in clause ( a) above , fine amount for every such default shall be levied per day or month , as the case may be .

(3 ) The Commissioners shall designate officers for levying fine or penalty by a general or special order in this behalf. The fine/penalty amount is specified in Schedule - II .

(4) The fine or penalty mentioned in Schedule- II shall stand automatically increased by 5 % after every 3 years with effect from 1st January of the year .

(5) The fine shall be levied and collected on the spot by the designated officers . In case of non - payment of fine at the spot , the procedure for prosecution prescribed under provisions of the Environment ( Protection) Act , 1986 shall follow.

28 The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

(6) In realization of fines imposed on defaulters , the J & K State Pollution Control Board shall not renew the licenses of hotels and other business units unless an NOC is not procured by the business unit/s from the concerned Jammu Municipal Corporation .

(7) Fine shall be imposed on the hospitals and allied concerns if they are found mixing bio - medical wastes with municipal solid waste .

(h) Charges for the material recovery by rag pickers or waste dealers to be decided by the Municipal Corporation , Jammu .

(8) Concession to bulk purchasers of compost/ plastic/ tin and recyclables on the price of by product , if any , as a result of processing of Solid Waste shall be decided by the Jammu Municipal Corporation .

(j ) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals be linked with Jammu Municipal Corporation NOC's .

(9 ) Tippers ferrying building material and causing avoidable waste on the streets shall be liable for fine to be decided by the Jammu Municipal Corporation but not less than Rupees Five Hundred ( 500/ - ) per default .

13. Responsibilities of Waste Generators .-( 1 ) Prohibition of littering-

(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles . No person shall repair vehicles , wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .

(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .

(c) Litter- throwing from vehicles : No person, whether a driver or passenger in a vehicle , shall litter upon any street , road , sidewalk, playground , garden , traffic island or other public No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 29

place . No vehicle shall be washed on roads , river banks , near public parks , water bodies .

(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load , contents or litter from being blown off or deposited upon any road , sidewalks , traffic island , playground , garden or other public place.

(e) Litter by owned/ pet animals : It shall be the responsibility of the owner of any pet animal including dog , cat etc. to promptly scoop/ clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system.

(f) Disposal of waste in drain etc. No person shall litter in any drain/ river/ open pond/ water bodies .

(2) Burning of waste : Disposal by burning of any type of solid waste at public places or at any private or public property is strictly prohibited.

(3) " Clean Area " : Every person shall endeavour that any public place in front of or adjacent to any premises owned or occupied by him including the footpath and open drain/ gutter and kerb is free of any waste , either in solid or liquid form.

(4) For Public Gatherings and Events organised in public places for any reason ( including for processions , exhibitions , circuses , fairs , political rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/ or from the Jammu Municipal Corporation is required, it will be the responsibility of the organiser of the event or gathering to ensure the cleanliness of that area as well as all appurtenant areas .

(5) Refundable Cleanliness Deposit , as may be notified by the Jammu Municipal Corporation , will be taken from the organiser, by the concerned zonal office for the duration of the event . This deposit will be refunded on the completion of the event after it is noted that the said 30 The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

public place has been restored back to a clean state , and any waste generated as a result of the event has been collected and transported to designated sites . This deposit will be only for the cleanliness of the public place and does not cover any damage to property. In case the organisers of the event wish to avail of the services of the Jammu Municipal Corporation for the cleaning , collection and transport of waste generated as a result of that event , they must apply to the Commissioner Municipal Corporation, Jammu for availing the services and pay the necessary charges as may be fixed by the Competent Authority for this purpose .

(6) Dumping of solid waste on vacant plot and depositing construction and demolition waste at non - designated locations shall be dealt with by the Jammu Municipal Corporation in the following manner

(a) The Jammu Municipal Corporation may serve a notice on the owner/ occupier of any premises , requiring such owner/ occupier to clear any waste on such premises in a manner and within a time specified in such notice .

(b) If the person on whom the notice has been served fails to comply with the requirements imposed by the notice , such person shall be liable to pay penalties as prescribed from time to time .

(c) If the person on whom the notice is served fails to comply with any requirements imposed by such notice , the Jammu Municipal Corporation may-

(i) Enter on the premises and clear the waste ; and

(ii) Recover from the occupier the expenditure incurred in having done so .

(7) Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers-

(a) All manufacturers/ sole distributors/ whole sellers of disposal products such as tin , glass , plastics packaging, wrappers etc. , or brand owners who introduce such products in the market within the jurisdiction of Jammu Municipal Corporation shall provide necessary financial assistance to Jammu Municipal Corporation for establishment of waste No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 31

management system . Jammu Municipal Corporation may also coordinate with the concerned departments of Central Govt . and/or the Govt. of J& K for implementation of this provision . 0.5 % of Annual turnover shall be chargeable from them for establishment / maintenance of solid waste management facilities to be deposited with the concerned corporation/ local body.

(b) All such brand owners who sell or market their products in such packaging material which are non - biodegradable shall put in place a system to collect back the packaging waste generated due to their production .

(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products .

(d) All such manufacturers , brand owners or marketing companies shall educate the masses for wrapping and disposal of their products .

(8) All industrial units using fuel and located within one hundred Km . from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five percent of their fuel requirement by refused derived fuel so produced.

14. Responsibilities of Jammu Municipal Corporation . ( 1 ) Jammu Municipal Corporation shall within its territorial area , be responsible for ensuring regular system of surface cleaning of all common streets/ roads , public places , temporary settlements , slum areas , markets , its own parks , gardens , drains etc. by employing human resources and machines and shall be bound to collect the garbage from the declared storage containers , and transport it every day to the final disposal point in closed vehicles for which Jammu Municipal Corporation may engage private parties on contract or Public Private Partnership mechanism with the prior approval of Govt . , apart from its own cleaning staff and vehicles . In addition, Jammu Municipal Corporation shall identify all the commercial areas for carrying out sweeping twice a day.

32 The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 [No. 22-1

(2) Jammu Municipal Corporation or the authorised agency engaged by it shall provide and maintain sufficient number of community litter bins of sufficient size on public roads , in surroundings of railway stations , bus stops , religious places , in commercial areas etc.

(3) Jammu Municipal Corporation for the purpose of managing solid waste activities in decentralized and regular manner shall designate one officer in every ward to supervise the spots of containers , public toilets , community toilets or urinals in public places , transfer station for public garbage , landfill processing units etc.

(4) The competent authority shall designate sufficient Senior Officer/ s , preferably not below the rank of to be decided by the Jammu Municipal Corporation, as Nodal Officer /s to monitor the progress of segregation , collection, transportation , processing and disposal of solid waste .

(5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff , it may outsource through contract . Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions .

(6) Jammu Municipal Corporation shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .

(7) Jammu Municipal Corporation shall create awareness and sensitization through Information , Education and Communication ( IEC ) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines /penalties .

(8) Jammu Municipal Corporation shall encourage waste generators to treat wet waste at source . It may consider creating systems for incentives for adoption of decentralized technologies such as bio - methanation, composting etc. Incentives may be like awarding and recognizing the households . RWAs and institutions etc. by giving certificates by publishing their names on respective websites or rebate in property tax etc.

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 33

(9) Jammu Municipal Corporation shall ensure that the authorities ofAgriculture Department , Floriculture Department, Horticulture , SKAUST are supplied with sufficient quantity of compost generated out of organic waste to phase out the use of chemical fertilizers and use compost in all parks , gardens maintained by them and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector and shall take up with the Directorate of Horticulture , Agriculture and Floriculture for use of compost .

(10) Jammu Municipal Corporation shall make efforts to streamline and formalize solid waste management systems and endeavour that the informal sector workers in waste management (waste pickers ) are given priority to upgrade their work conditions and are enumerated and integrated into the formal system of solid waste management .

(11) Jammu Municipal Corporation shall ensure that the operator of a facility provides personal protection equipment including uniform, fluorescent jacket , hand gloves , raincoats , appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce.

(12) Jammu Municipal Corporation shall ensure occupational safety of its own staff and staff of outsourced agency involved in collection transport and handling of waste by providing appropriate and adequate personal protective equipments .

(13) In case of an accident at any solid waste processing or treatment or disposal facility or landfill site , the officer - in- charge of the facility shall report to Jammu Municipal Corporation immediately which shall review and issue instructions , if any, to the in - charge of the facility.

(14) Regular checks : Commissioner , Joint Commissioner (A) , Health Officer , Jammu Municipal Corporation shall conduct regular checks in various parts of the wards and other places of collection , transportation , processing and disposal of solid waste to supervise compliance of various provisions of SWM Rules and these bye- laws .

(15) Jammu Municipal Corporation shall develop a public grievance redressal system ( PGRS ) by setting up of call centre at its headquarter . The PGRS may include SMS based service mobile application or web based services .

34 The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad. , 1941 [ No. 22-1

(16) Jammu Municipal Corporation shall install bio - metric / smart card technologies /ICT System for tracking and recording attendance of employees associated with the working of SWM Rules and these bye- laws at Hq./all zones /ward offices etc. and shall make an endeavour to integrate such system with the salary/wages/ remuneration .

(17) Transparency and Public Accessibility : To ensure greater transparency and public accessibility, Jammu Municipal Corporation shall provide all necessary information through its website .

(18) Jammu Municipal Corporation shall perform all other duties mentioned in SWM Rules , which have not been specifically mentioned in these bye- laws .

CHAPTER - X

MISCELLANEOUS

15. If any doubt or difficulty arises in the interpretation or implementation of these bye - laws the same shall be placed before Administrative Secretary of Housing and Urban Development Department , whose decision in the matter shall be final .

16. Co - ordination with Government Bodies Jammu Municipal Corporation shall co - ordinate with other government agencies and authorities , to ensure compliance of these bye - laws within areas under the jurisdiction or control of such bodies . In case of any difficulty matter shall be placed before Chief Secretary of Government of J & K.

17. The Competent Authority may issue general or special orders from time to time for proper implementation of Solid Waste Management Rules , 2016 and these bye - laws .

(18) Right to Appeal : Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye- Laws , 2018 shall have the right to appeal before concerned Commissioner Municipal Corporation Jammu within 30 days and in case he is not satisfied with the disposal of Commissioner concerned , the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department whose decision shall be final and binding .

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 35

( 19) Jurisdiction For filing cases against the Bye - Laws the Jurisdiction is Jammu and Srinagar only.

36 The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad. , 1941 [ No. 22-1

SCHEDULE - I

USER FEE SOLID WASTE MANAGEMENT

S.No.   Categories                            User Fee from each premises /
                                               House/Dwelling Unit/Flat per
                                              month ( In Rupees)
                                              Municipal Corporations Jammu
1          2                                          3
 1.     Residential dwelling unit ( Covered area)
        i . Up to 2000 Sq . ft .                    100
        ii . Over 2000 Sq.ft .                     200
 2.     Street Vendor                               100
 3.     Commercial Establishments , Shops ,
        Eating Places (Dhaba/ Sweet/ Shops/
        Coffee house , Saloon etc. )                500
 4.     Guest House/ Dharamshalas /Hostels/
        Paying Guest                               2000
 5.     Restaurant up to sitting of 50 person       1000
 6.     Restaurant with sitting of more
        than 50 person                              2500
 7 .    Hotel (Up to 3 star)                        3000
 8.     Hotel ( above 3 star)                       5000
 9.     Commercial offices , government officers ,
        bank, insurance offices , coaching classes ,
        educational institutes etc.                 1800
10.     Kinder Garten , Cretches etc.
11.     Clinic , dispensary, laboratories ,        2000

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 37

1

2

3

12. ( a) Nursing homes (up to 50 beds)             2500
        only non -bio medical waste.
12. ( b ) Hospitals , Nursing Homes                5000
        (above 50 beds )
13.     Small and cottage industry, workshop       2000
        (only non - hazardous waste)
14.     Godowns , cold storages                   4000
        (only non- hazardous waste )
15.     Automobiles , showrooms                    3000
16.     Service Stations , Automobile Workshops    2000
17.     Marriage/Party Halls , Festivals Halls ,   5000
        Party Lawns , exhibition and fairs .
18.     Clubs , cinemas halls , pubs , multiplexes 4500
        and other such places .
19.     Any other non - commercial , commercial ,  1000
        religious or charitable institution not
        covered in any of above categories .
20.     Dairies & Kennels                         2000
21.     Other places / activity not marked as     As decided by the
        above .                                    Commissioner , JMC
                                                   by general or special
                                                   order

38 The J & K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

SCHEDULE II

FINE / PENALTY

Offences S.No Rule/ Bye- Laws No.

1

2

3

1. Rule 4 ( 1) ( a) ofSWM Rules

J&K Applicable to

4

5

500

10,000 Marriage/Party

Residential Halls , Festival Halls, Party Lawns , Exhibition and

5000 Clubs , Cinema

Failure to segregate and store waste and handover segregated waste in accordance with the Rule

2. Rule 4 (1) (b) and (d) of SWM Rules

1000 Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq. m. Other non - residential entities with area less than 5000 sq.m.

Residential

500

Non-Residential

1000

o Failure to deal with sanitary waste in accordance with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule 39

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 .

4

5

1

2

3

3.

Residential

2000

Rule 4 ( 1) (c) of SWM Rules

5000

Non-Residential

Failure to deal with construction and demolition waste in accordance with the Rule

4.

5000

Violator

Rule 4 (2) ofSWM Rules

Open burning of solid waste

5000

5. Rule 4 (4) ofSWM Rules

Organizing an event or gathering of more than one hundred person at any unlicensed place without following the prescribed procedure

Person( s) , who has /ve organised such event or gathering or , on whose behalf such event or gathering has been organized and the event manager( s) , if any, who has/ve organized such event or gathering

6.

500

Violator

Rule 4 (5) ofSWM Rules

Street vendor failing to deal with waste in accordance with the Rule

Offender 500

7 . Bye- Law 13 Littering (i) read with 40 The J & K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

1

5

3

2

4

ofSWM

Rule 15 (g) Rules

5000

8.

Failure to

Resident

Rule 4 (6)

deal with

Welfare

ofSWM

Rules

Association

waste in accordance with the Rule

10,000

Market Association

9 .

10,000

Gated Community

Rule 4 (7) ofSWM Rules

Institution

15,000

Failure to deal with waste in accordance with the Rule

Hotel

20,000

10. Rule 4 ( 8 ) ofSWM

Failure to deal with

Rules

Restaurant

10,000

waste in accordance with the Rule

Manufacturer

11.

50,000

Rule 17 (2) ofSWM

Selling or marketing of and/ or Brand

Rules

Owner

disposable products without a system of collecting back the packaging waste generated due to their production

Failure to

Manufacturer

50,000

take measure

12. Rule 17 ( 3 ) ofSWM Rules

in accordance with the Rule

and/ or Brand owner and/ or marketing companies No. 22-1 ] The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 41

1

4

5

2

3

Failure to

Industrial Unit

50,000

13. Rule 18 of SWM Rules replace fuel

requirement

by refuse

derived fuel 42 The J & K Govt . Gazette, 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

FORM -A

APPLICATION FOR REMITTING SOLID WASTE

MANAGEMENT USER CHARGES

From

To

The Commissioner /CEO /EO , Jammu Municipal Corporation

Sir,

I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business ) . I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my /our premises in segregated form and also agree to pay the SWM User Charges of Rs . (in words) as fixed in the SWM Bye-Laws .

I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Commissioner , JMC in writing before 30 days for the consequent action to be taken for cancellation of the SWM User Charges .

Yours faithfully,

(Signature of the applicant with date) No. 22-1 ] The J & K Govt . GazeYXug . , 2019 / 9th Bhad . , 1941. 43

FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON

SOLID WASTE MANAGEMENT- 2016

[Rule 15 (Z) ( a) , 24 (2) ]

Calendar Year :

Date of Submission of report

1

2

1 Name of the City/ Town and State

2 Population :

3 Area in Sq . Kilometers

4 Name and Address of local body

Telephone

Fax No.

E-mail:

5 Name of the officer - in- charge dealing with Solid Waste Management

Phone No.

Fax No.

E-mail :

6 Number of households in the city/town

Number of non - residential premises in the city

Number of election/ administrative wads in the City/ town

7 Quantity of Solid Waste Estimated Quantity of Solid Waste 44 The J& K Govt . Gazette, 31st Aug. , 2019/ 9th Bhad . , 1941 [ No. 22-1

1

2

generated in the local body area per day in metric tones

Quality of Solid Waste collected per day

Per capita waste collected per day

Quality of solid waste processed

Quality of solid waste disposal at dumpsite/landfill

8 Status of solid waste management service

Segregation and storage of waste at source

Whether SOLID WASTE is stored at source in domestic/ commercial/ institutional bins , if yes .

Percentage of Household practice storage of waste at source in domestic bins

Percentage of non - residential premises practices storage of waste at source in commercial / institutional bins

Percentage of households dispose or throw solid waste on the streets

Percentage of non - residential premise dispose or throw solid waste on the streets

Whether solid waste is stored at source in segregated form, if yes .

45

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 .

1

2

Percentage of premises segregating the waste at source

Door to Door Collection of solid waste

Whether door to door collection (D2D) of solid waste is being done in the city/ town , if yes

Number of wards covered in D2D collection of waste

Number of household covered

Number of non - residential premises including commercial establishments , hotels , restaurant , educational Institution/offices etc. covered

Percentage of residential and non - residential premises covered in door to door collection through:

Motorized vehicle

Contained tricycle/Handcart

Other device

If not , method of primary collection adopted

Sweeping of streets

Length of roads , streets , lanes , bye - lanes in the city that need to be cleaned

Frequency of street sweeping and percentage of population covered

Total used

Manual sweeping 46 The J& K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

1

2

Mechanical Sweeping

Whether long handle broom used by sanitation workers

Whether each sanitation worker is given handcart/ tricycle for collection of waste

Whether handcart/ tricycle is containerized

Whether the collection tools synchronizes with collection/waste storage containers utilized

Secondary Waste Storage facilities

No. and type of waste storage depots in the city/town

Open waste storage sites

Masonry bins

Cement concrete cylinder bins

Dhalao/ covered rooms/ space

Covered metal/plastic containers

Up to 1.1 m3 bins

2 to 5 m3 bins

Above 5 m3 containers

Bin-less city

Bin/Population ratio

Ward - wise details of waste storage depots ( attach):

Ward No .:

Area :

Population:

47

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 .

1

2

No. of bins placed

Total volume of bins placed

Total storage capacity of waste storage facilities in cubic meters

Total Waste actually stored at the waste storage depots daily

Give frequency of collection of waste from the depots

Number of bins cleared

Whether storage depots have facility for storage of segregated waste in green , blue and black bins

Whether lifting of solid waste from storage depots in manual or mechanical , give percentage

(%) of manual lifting of solid waste

(%) of mechanical lifting

If mechanical specify the method used

Whether solid waste is lifted from door to door and transported to treatment plant directly in a segregated form

Waste transportation per day Type and number of vehicles used

Animal cart

Tractors

Non - tipping Truck 48 The J & K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

1

2

Tipping Truck

Dumper Placers

Refuse Collectors

Compactors

Others

JCB /Loader

Frequency of transportation of waste

Quantity of waste transported each day

Percentage of total waste transported daily

Waste Treatment Technologies used

Whether solid waste is processed

If yes , Quantity of waste processed daily

Whether treatment is done by local body or through an agency

Land ( s) available with the local body for waste processing

Land currently utilized for waste processing

Solid Waste processing facilities in operation 49

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 .

1

2

Solid Waste processing under construction

Distance of processing facilities from city/ town boundary

Details of technologies adopted

Composting

Vermi composting

Bio -methanation

Refuse Derived Fuel

Waste to Energy technology such as incineration , gasification , pyrolysis or any other technology

Co-processing

Combustible waste supplied to Cement plant

Combustible waste supplied to solid waste based power plants

Others

Solid waste disposal facilities

No. of dumpsite sites available with the local body

No. of sanitary Landfill sites available with the body

Area of each such sites available for waste disposal 50 The J & K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

1

2

Area of land currently used for waste disposal

Distance of dumpsites/ landfill facility from city/ town

Distance from the nearest habitation

Distance from water body

Distance from state/ national highway

Distance from Airport

Distance from important religious place or historical monument

Whether it falls in flood prone area

Whether it falls in earthquake fault line area

Quantity of waste land filled each day

Whether landfill site is fenced

Whether Lighting facility is available on site

Whether Weigh bridge facility available

Vehicle and equipments used at landfill (specify)

Manpower deployed at landfill site

Whether covering is done on daily basis

If, not Frequency of covering the waste deposited at the landfill 51

No. 22-1 ] The J& K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941 .

1

2

Cover material used

Whether adequate covering material is available

Provisions for gas venting provided

Provision for Leachate Collection

Whether an Action Plan has been prepared from improving solid waste management practices in the City

10 What separate provisions are made for

Dairy related activities

Slaughter house waste

C& D waste ( construction debris)

11 Details of post Closure plan

12 How many slums are identified and whether these are provided with Solid Waste Management facilities

13 Give details of :

Local Body's own manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste

14 Give details of :

Contractor/ concessionaire's manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste 52 The J & K Govt . Gazette , 31st Aug. , 2019/9th Bhad . , 1941 [ No. 22-1

1

2

15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules

16 Mention briefly if any innovative idea is implemented to tackle a problem related to solid waste , which could be replicated by other local bodies

(Sd. ) PANKAJ MAGOTRA, KAS ,

Commissioner , Municipal Corporation , Jammu .

No. 22-1 ] The J & K Govt . Gazette , 31st Aug. , 2019/ 9th Bhad . , 1941. 53

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Subject : Jammu and Kashmir Model Solid Waste Management Bye- laws , 2018 .

Reference :-OM No. GDC - 51 / CM/2019 dated 30-07-2019 from the GAD .

Government Order No. 168 - HUD of 2019

Dated 31-07-2019 .

The Jammu and Kashmir Model Solid Waste Management Bye- laws forming Annexure " A " to this order are hereby published in terms of Rule 3 (9 ) r/ w Rule 15 (e) , (zf) and (zg) of Solid Waste Management Rules , 2016 for adoption and notification by Municipal Corporations , Municipal Councils and Municipal Committees in the State .

By order of the Government of Jammu and Kashmir .

( Sd . ) DHEERAJ GUPTA , IAS ,

Principal Secretary to Government , Housing and Urban Development Department .

EXTRAORDINARY

REGD . NO . JK- 33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Mon. , the 8th July, 2019/17th Asad . , 1941. [ No. 14- d

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

PART III Laws , Regulations and Rules passed thereunder .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT - FINANCE DEPARTMENT

Notification

Srinagar , the 8th of July, 2019 .

SRO - 436 . In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act , 2017 (Act No. V of 2017) , the State Government on the recommendations of the Council 2 The J& K Govt . Gazette , 8th July, 2019/17th Asad . , 1941. [No. 14 - d

hereby makes the following rules to amend the Jammu and Kashmir Goods and Services Tax Rules , 2017 , namely :-

1. In rule 23 , in sub - rule ( 1 ) , after the first proviso , the following provisos shall be inserted , namely

"Provided further that all returns due for the period from the date of the order of cancellation of registration till the date of the order of revocation of cancellation of registration shall be furnished by the said person within a period of thirty days from the date of order of revocation of cancellation of registration :

Provided also that where the registration has been cancelled with retrospective effect , the registered person shall furnish all returns relating to period from the effective date of cancellation of registration till the date of order of revocation of cancellation of registration within a period of thirty days from the date of order of revocation of cancellation of registration . "

2. In rule 62 ,-

(a) in the marginal heading , for the words " Form and manner of submission of quarterly return by the composition supplier " , the words " Form and manner of submission of statement and return " shall be substituted ;

(b) in sub - rule ( 1 ) ,-

(i ) for the portion beginning with the words and figures "paying tax under section 10 " and ending with letters and figures " Form GSTR- 4 " , the following shall be substituted, namely :-

"paying tax under section 10 or paying tax by availing the benefit of SRO Notification No. 206 dated the No. 14 - d ] The J & K Govt . Gazette , 8th July, 2019 /17th Asad . , 1941. 3

18th March , 2019 issued by Finance Department , Government of Jammu and Kashmir shall-

(i) furnish a statement , every quarter or, as the case may be , part thereof, containing the details of payment of self- assessed tax in Form GST CMP- 08 , till the 18th day of the month succeeding such quarter ; and

(ii) furnish a return for every financial year or , as the case may be , part thereof in Form GSTR - 4 , till the thirtieth day of April following the end of such financial year, " ;

(ii) the proviso shall be omitted ;

(c) in sub - rule (2) , for the portion beginning with the works " return under " and ending with the words " other amount " , the following shall be substituted , namely :-

" statement under sub - rule ( 1 ) shall discharge his liability towards tax or interest " ;

(d) in sub - rule (4) ,-

(i ) after the words and figures " opted to pay tax under section 10 " the words , letters , figures and brackets " or by availing the benefit of SRO Notification No. 206 dated the 18th March, 2019 issued by Finance Department , Government of Jammu and Kashmir shall be inserted ;

(ii) in the Explanation,-

(a) after the words " not be eligible to avail " , the word " of" shall be omitted ;

(b) after the words " opting for the composition scheme" , the words , letters , figures and brackets " or opting for 4 The J& K Govt . Gazette , 8th July, 2019/17th Asad . , 1941. [No. 14 -d

paying tax by availing the benefit of SRO Notification No. 206 dated the 18th March, 2019 issued by Finance Department , Government of Jammu and Kashmir shall be inserted ;

(e) in sub - rule ( 5) , for the words , figures and letters " the details relating to the period prior to his opting for payment of tax under section 9 in Form GSTR- 4 till the due date of furnishing the return for the quarter ending September of the succeeding financial year or furnishing of annual return of the preceding financial year , whichever is earlier " , the words , letters and figures " a statement in Form GST CMP- 08 for the period for which he has paid tax under the composition scheme till the 18th day of the month succeeding the quarter in which the date of withdrawal falls and furnish a return in Form GSTR - 4 for the said period till the thirtieth day of April following the end of the financial year during which such withdrawal falls " shall be substituted ;

( f) after sub - rule ( 5) , the following sub - rule shall be inserted , namely :-

" (6) A registered person who ceases to avail the benefit SRO Notification No. 206 dated the 18th March, 2019 issued by Finance Department , Government of Jammu and Kashmir , shall , where required , furnish a statement in Form GST CMP - 08 for the period for which he has paid tax by availing the benefit under the said notification till the 18th day of the month succeeding the quarter in which the date of cessation takes place and furnish a return in Form GSTR - 4 for the said period till the thirtieth day of April following the end of the financial year during which such cessation happens . " .

3. In the said rules , after Form GST CMP- 07 , the following form shall be inserted , namely :-

5

No. 14 - d ] The J & K Govt . Gazette , 8th July, 2019/17th Asad . , 1941 .

" Form GST CMP - 08

(See rule 62)

Statement for payment of self- assessed tax

Financial Year

Quarter

1. GSTIN

2. ( a) Legal name

(b) Trade name

ARN

(c)

(After filing)

< Auto > ( After filing )

(d) Date of filing

3. Summary of self - assessed liability

(Netof advances , credit and debit notes and any other adjustment

due to amendments etc. )

(Amoutin in all tables)

Value

Description

Sr. No

Integrated tax

Central tax

State Cess tax

2

4

1

3

5

6 7

1. Outward supplies (including exempt supplies )

2. Inward supplies attracting reverse charge including import of services

3. Tax payable ( 1 + 2)

4. Interest payable , if any

5. Tax and interest paid

4. Verification

I hereby solemnly affirm and declare that the information given hereinabove is true and correct to the best of my knowledge and belief and nothing has been cancealed therefrom .

Place :

Signature

Date :

Name of Authorised Signatory

Designation/ Status 6 The J& K Govt . Gazette , 8th July, 2019/17th Asad . , 1941. [No. 14 - d

Instructions

1. The taxpayer paying tax under the provisions of section 10 of the Jammu and Kashmir Goods and Services Tax Act , 2017 or by availing the benefit of SRO Notification No. 206 dated the 18th March , 2019 issued by Finance Department , Government of Jammu and Kashmir shall make payment of tax on quarterly basis by the due date .

2. Adjustment on account of advances , credit / debit notes or rectifications shall be reported against the liability .

3. Negative value may be reported as such if such value comes after adjustment .

4. If the total tax payable becomes negative , then the same shall be carried forward to the next tax period for utilising the same in that tax period .

5. Interest shall be leviable if payment is made after the due date.

6. ' Nil' statement shall be filed if there is no tax liability due during the quarter . "

4. In the said rules , in Form GST REG - 01 , after instruction number 16, the following instruction shall be inserted, namely :- " 17. Taxpayer who want to pay tax by availing benefit of SRO Notification No. 206 dated the 18th March , 2019 issued by Finance Department , Government of Jammu and Kashmir, as amended , shall indicate such option at serial No. 5 and 6.1 ( iii) of this Form. " .

This notification shall come into force w. e . f . the date of publication of corresponding notification under CGST in the Central Gazette.

By order of the Government of Jammu and Kashmir.

( Sd. ) DR . ARUN KUMAR MEHTA , IAS ,

Financial Commissioner , Finance Department .

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 12 September 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2019-09-12.24/. Archive identifier in.gazette.jammuandkashmir.2019-09-12.24.