THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

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

[ No. 24

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART II-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

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

Departments,

Provincial

Heads,

Magistrates and other officers competent to

issue public notices under any law or rule ....

PART II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws,

Regulations

and

Rules

passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

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

(b) Rates and wages ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

236-240

317-332

47-48

229-236

91-92

183-196

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.).

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

318

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

[No. 24

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

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

No. 24]

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

319

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

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

Village

Kh. Nos.

Area

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

______________________________________________________

K.M.

Kishtwar

Dachhan

Lopara

3335/749

min

05–03

3335/749

min

04–13

320

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

[No. 24

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

769

00–13

770

00–10

771

01–03

3344/1294

01–06

3345/1294

00–10

3345/1294

min

00–03

3346/1294

min

03–06

3446/1294

00–10

3447/1294

min

01–00

1289

00–15

1290

00–06

1291

00–16

1293

01–00

1295

00–13

1296

02–03

1297

min

01–00

1297

min

01–10

1297

min

00–19

1298

min

01–00

1299

min

02–03

______________________________________________________

K.M.

No. 24]

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

321

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

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

______________________________________________________

K.M.

322

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

[No. 24

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

1948/1917

min

00–05

1948/1917

min

01–00

2948/1917

min

01–00

2946/1917

min

00–03

2946/1917

min

00–12

1947/1917

min

03–19

2947/1917

min

02–11

2942/1917

min

06–12

2943/1917

min

01–19

2945/1917

min

04–03

1918

01–13

1919

03–07

1922

02–06

1923

02–00

1924

00–06

1925

00–05

1926

00–15

1944

00–09

1945

00–03

1946

00–13

______________________________________________________

K.M.

No. 24]

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

323

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

1947

00–04

1948

00–04

1949

00–17

1950

00–03

1951

00–03

1952

00–03

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

1974

02–12

3439/2226

min

01–00

3441/2226

min

06–06

3441/2226

min

02–19

2227

min

01–10

______________________________________________________

K.M.

324

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

[No. 24

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

3338/2240

03–17

3339/2240

02–09

3445/2240

min

01–15

3350/2240

min

07–00

3350/2240

min

27–02

3458/2243

05–10

3460/2243

min

05–09

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

2264

min

10–04

2266

09–02

2267

00–04

2268

00–08

______________________________________________________

K. M.

No. 24]

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

325

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

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

2282

min

04–01

2298

00–18

2299

00–19

2300

01–09

2301

00–02

2302

02–07

2303

00–12

2304

01–01

2305

06–03

2312

min

06–03

______________________________________________________

K. M.

326

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

[No. 24

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

3673/3425/

06–00

2313

3674/3425/

06–13

2313

3649/2313

03–04

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

2319

06–00

2320

01–02

2321

57–18

2322

02–05

2323

18–10

2324

min

04–03

2325

min

21–15

2326

min

70–17

1 2

______________________________________________________

K. M.

No. 24]

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

327

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

2326

min

00–05

2328

min

08–06

2532

02–03

2533

00–12

2534

02–00

2954/2071

min

10–00

2954/2071

min

02–08

2954/2071

min

08–07

2954/2071

min

05–13

2954/2071

min

12–16

2954/2071

min

06–11

2954/2071

min

09–12

2954/2071

min

13–17

2954/2071

min

03–00

2954/2071

min

03–00

2954/2071

min

34–15

2954/2071

min

10–11

2954/2071

min

05–04

––––––

Total

653-13

––––––

––––––––

______________________________________________________

K. M.

328

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

[No. 24

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

Annexure “B”

Particulars of land

District

Tehsil

Village

Kh. Nos.

Area

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

______________________________________________________

K.M.

Kishtwar

Dachhan

Chicha

1033

02–00

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

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

1925/1086

01–00

1926/1086

02–00

1931/1086

02–00

1931/1086

01–00

1931/1086

04–13

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

1909/1103

01–00

1910/1103

02–00

1911/1103

03–00

______________________________________________________

K.M.

330

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

[No. 24

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

______________________________________________________

K.M.

1912/1103

02–09

1914/1103

01–00

1915/1178

05–03

1916/1178

02–00

1917/1178

05–12

1918/1178

04–07

1919/1178

03–10

1940/1178

01–12

1921/1178

00–15

1922/1178

16–12

1273

04–02

1273

01–00

1274

02–15

1275

00–08

1276

02–14

2066/1279

05–04

––––––

Total

120-14

––––––

–––––––

No. 24]

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

331

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

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

Village

Kh. Nos.

Area

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

K. M. S.

Udhampur

Panchari

Ush Suba

00–13–00

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

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 ;

332

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

[No. 24

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

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.

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.

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.—

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).

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.

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.

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.

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.

—————————————————————————————

Commercial Building fee

Rs.15-00 per Sft.

Residential building fee

Rs.03-00 per Sft.

Mobile towers installed in the

Rs.20000-00

vicinity of Panchayat Sansoo fee

per month

Stone Crushers per month

Rs.10000-00

Fee on Entertainment per day

Rs.5000-00

Fee on advertisements and

Rs.1000 (for

hoardings per month

each)

Fee on commercial tractors kept

Rs.500-00

in area of Halqa Panchayat, Sansoo,

per month

Fee on slaughter houses per month

Rs.1000-00

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

—————————————————————————————

11.

Fee on Registration of Shops/other Rs.500-00 per

commercial establishments in the shop or other

jurisdiction of Halqa Panchayat

establishments

Sansoo

12.

Fee on Buses, other passenger

Rs.1000-00 per month

vehicles and commercial vehicles

from each vehicle

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

Rs.5-00 per foot

optical fibre cable

(conditionto repair by

contractor)

15.

Royalty for extraction of minor

Rs.5-00 per Sft.

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

16.

Penalty for use of Plastic or Polythene Rs.500-00

and for open defecation.

17.

Sanitation Cess

Rs.5-00

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

————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

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

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

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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.

———

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-NITs from J&K State e-Procurement

1600 hours.

Portal www.jktenders.gov.in

Last date and time for online

10-05-2019 upto

submission of Bids

1600 hours.

Last date and time for submission

10-05-2019 upto

of samples in Police Central Store

1500 hours.

Srinagar/Jammu

Time/date and palce for online opening

13-05-2019 at 1100

of Technical bids only

hours at J&K Police

Hqrs., Peer Bagh,

Srinagar.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG (Provision/Transport)

For Director General of Police,

J&K, Jammu.

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

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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

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

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/-”.

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

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.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

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

[No. 3-j

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

separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

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

[No. 10-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.

———–

EXTRAORDINARY

REGD. NO. JK—33

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

PART I––B

Jammu and Kashmir Government––Notifications.

———–

No. 11-a ]

The J&K Govt. Gazette, 13th June, 2019/23rd Jyai., 1941.

Thu.

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

EXTRAORDINARY

REGD. NO. JK—33

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.

———–

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.

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

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

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

[No. 11-n

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

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 :—

Name of the accused

Under Section ULAP

No.

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

Lateef Ahmad Dar S/o Ghulam Hassan

16, 18, 20 and 38

Dar R/o Panzgam

Reyaz Ahmad Naikoo alias Zubair-ul-

16, 18, 20 and 38

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.

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

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

separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

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

[No. 11-o

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

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-o]

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

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

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)

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

[No. 11-o

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

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

No.

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

Farooq Ahmad Bhat @ Nali S/o Ab.

13, 16, 18 & 39

Gani Bhat R/o Check Dessend

Javid Ahmad Bhat S/o Ali Mohammad

13, 16, 18 & 39

Bhat R/o Redwani Bala

Sheeraz Ahmad Lone S/o Ab. Rashid

13, 16, 18 & 39

Lone R/o Souch

Javaid Ahmad Bhat S/o Mohammad

13(2), 18, 19, 38 and

Sabir Bhat R/o Razgad Kadder

39 of UAPA

Nisar Ahmad Thokar S/o Mohammad

13(2), 18, 19, 38 and

Ramzan Thokar R/o Zazripora

39 of UAPA

By order of Government of Jammu and Kashmir.

(Sd.)

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

Principal Secretary to the Government,

Home Department.

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 20th June, 2019/30th Jyai., 1941. [No. 12-a

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

separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

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

[No. 12-a

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

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.

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

(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

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

[No. 12-a

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

(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.

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.

EXTRAORDINARY

REGD. NO. JK—33

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.

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

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

EXTRAORDINARY

REGD. NO. JK—33

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.

————

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

EXTRAORDINARY

REGD. NO. JK—33

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.

————

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 :—

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

litre.”

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

No. 14-b]

The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941.

Thu.

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

––

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

No. 14-c]

The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941.

Thu.

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

––

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.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

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

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

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

PART I—B

Jammu and Kashmir Government—Notifications.

———–

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

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

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.

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.

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.

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

No. 14-f]

The J&K Govt. Gazette, 9th July, 2019/18th Asad., 1941.

Tue.

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

––

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

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.

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.

———–

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

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

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

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.

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

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(l) (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 ;

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.

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

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.

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

(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 ;

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.

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

(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 ;

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

of MSW ;

(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.

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(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.

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.

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

(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.

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.

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CHAPTER III

SOLID WASTE COLLECTION

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.

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(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.

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(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

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

(of specified colour) for separate storage of :—

(a)

non-biodegradable or dry waste ;

(b)

biodegradable or wet waste ;

(c)

domestic hazardous waste ;

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

of population.

(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.

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(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

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

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

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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.

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

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.

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(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.

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

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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 years 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.

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

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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

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

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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.

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.

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

(9) Jammu Municipal Corporation shall ensure that the authorities

of Agriculture 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.

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.

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

SCHEDULE-I

USER FEE SOLID WASTE MANAGEMENT

S.No.