THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Thu., the 19th Dec., 2019/28th Agra., 1941.

[ No. 38

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

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.

334-342

489-500

75-76

313-318

141-186

317-324

334

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

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. 438 Dated 15-07-2019.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Shabir Ahmad Mir S/o Sh. Abdul Ahad Mir R/o Shadipora, Sumbal

Sonawari, Baramulla vide Notification No. 508 dated 13-10-2014 for a

period of one year has been extended till 13-10-2020 subject to the

verification of his Certificates/LL.B Degree from the concerned University

and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 439 Dated 15-07-2019.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Arroussa Tariq S/o Sh. Tariq Ahmad Kanth R/o Lal Bazar, Sikh

Bagh, Srinagar vide Notification No. 840 dated 01-01-2014 for a period of

one year has been extended till 01-01-2020 subject to the verification of his

Certificates/LL.B Degree from the concerned University and verification

of his character and antecedents from the CID.

The renewal/extension of provisional license/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

No. 38 ]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 335

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

Notification

No. 444 Dated 15-07-2019.

It is hereby notified that the below mentioned Advocates on having

surrendered their Certificates of Enrollment and voluntarily suspended

their practice, as such their Enrollment Certificates are kept in abeyance

with effect from the dates shown against each :–

S. No.

Name

Date of

Enrollment

Surrender

No. & Date

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

S/Shri

Mr. Mohd Waseem Mirza

24-06-2019

JK-32/2014

S/o Abdul Rashid R/o

Dt. 13-03-2014

Revenue Colony, W. No. 3,

Near PMGSY Office, Rajouri

Mr. Ahsan Khan

28-06-2019

JK-244/2013

S/o Doulat Khan R/o

Dt. 12-07-2013

Pathanteer, Mendhar,

District Poonch

By order

––––––––

Notification

No. 703 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Ms. Syed Kowsara Jan D/o Sh. Gh. Mohd Shah R/o Monghama, Tehsil

and District Pulwama 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-444/2019

in the Roll of Advocates maintained by this Registry.

336

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 704 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Ms. Mohd Altaf Awan S/o Sh. Bajeer Hussain Awan R/o Pehlipora,

Keller, Chowdhary Mohalla, District Shopian 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-400/2019 in the Roll of Advocates maintained by

this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 705 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mohd Yaseen S/o Sh. Mehraj-ud-Din Matta R/o Bilal Colony,

Qammerwari, Al-Hadith Masjid, South Srinagar 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-399/2019 in the Roll of Advocates maintained by

this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

No. 38 ]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 337

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

Notification

No. 706 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mujtaba Hussain Parray S/o Sh. Gh. Hussain Parray R/o Jawahar

Pora, Narbal, Magam, Budgam 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-398/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 707 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Ms. Mehak Mushtaq D/o Sh. Bakshi Mushtaq Ahmad R/o Gopalpora,

Mattan, Khurad, Anantnag 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-397/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

338

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

Notification

No. 708 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Malik Nasir Ali S/o Sh. Mohd Ibrahim Malik R/o Jawaharpora,

Narbal, Tehsil Narbal, District Budgam 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-396/2019 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 709 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mudasir Ahmad Shah S/o Sh. Mohd Amin Shah R/o Shah Mohalla,

Vehil, Tehsil and District Shopian 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-395/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

No. 38 ]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 339

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

Notification

No. 710 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mohd Abas Mir S/o Sh. Ab. Aziz Mir R/o Arampora, Mir Mohalla,

Tehsil Drugmulla, District Kupwara 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-394/2019 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 711 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mahboob-Ul-Haq Hajam S/o Sh. Abdul Karim Hajam R/o Dahama,

Hajam Mohalla, Handwara, District Kupwara 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-393/2019 in the Roll of Advocates maintained by

this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

340

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

Notification

No. 712 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mehraj Mohi-ud-Din Ganai S/o Sh. Ghulam Mouhi-ud-Din Ganai

R/o Suchin Banit, Tehsil Beerwah, District Budgam 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-392/2019 in the Roll of Advocates maintained by

this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 713 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Mudasir Ahmad Khanday S/o Sh. Gh. Mohammad Khanday R/o

Vessu, Near Namia Masjid, Tehsil Qazigund, Anantnag 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-391/2019 in the Roll of Advocates

maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

No. 38 ]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 341

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

Notification

No. 714 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Mr. Nasirul Islam S/o Sh. Mohammad Maqbool Magrey R/o Ganowpora,

Magrey Mohalla, Shopian 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-403/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 715 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Ms. Nasiha D/o Sh. Bashir Ahmad Dar R/o Nowgam, Bonpora, Near

Masjid Noor, Srinagar 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-404/2019

in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

342

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

Notification

No. 716 Dated 19-09-2019.

It is hereby notified that vide High Court Order dated 13-09-2019

Ms. Nazish Fayaz D/o Sh. Fayaz Ahmad Dar R/o Hyderpora, Main

Airport Road, Near Jamia Masjid, Chanapora, Srinagar 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-405/2019 in the Roll of Advocates

maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

(Sd.) MOHAMMAD YASIN BEIGH,

Additional Registrar.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

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. 184-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of Ans Tunnel by Irrigation Department

situated in Village Gakhrote, Tehsil Kotranka, District Rajouri :—

Particulars of land

District

Tehsil

Village

Kh. No.

Area

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

K. M.

Rajouri

Kotranka

Gakhrote

916

00–16

490 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38

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

Whereas, on the basis of an indent placed by Chief Engineer,

Irrigation and Flood Control Department, Jammu vide Letter No. IFCJ/

Works/12587 dated 18-03-2019, a notification under section 4(1) was

issued by Collector, Land Acquisition (ADC), Kotranka vide No. ADC/

Ktr/254-59 dated 18-07-2019 for land measuring 16 Marlas, situated in Village

Gakhrote, Tehsil Kotranka, District Rajouri ;

Whereas, the District Collector (Deputy Commissioner), Rajouri vide

No. AC/LA/526-27 dated 24-09-2019 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 within the prescribed period as required under sections

5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by District Collector (Deputy

Commissioner), Rojouri vide number referred to above duly endorsed by

the Divisional Commissioner, Jammu vide No. 502/3695/Gokhrote/Raj/

19/2353-55 dated 01-10-2019, and by the Financial Commissioner, Revenue

vide No. FC-LS/LA/4987/2019 dated 18-10-2019 has been examined and

it has been found that the land owners did not file any objection to the

proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for construcation of Ans

Tunnel by Irrigation 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 Gakhrote, Tehsil Kotranka and District Rajouri, particulars

whereof are given above is required for public purposes viz. construction

of Ans Tunnel by Irrigation Department. Further, the Collector, Land

Acquisition (ADC), Kotranka situated in Village Gakhrote, Tehsil Kotranka,

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

491

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

District Rajouri is directed under section 7 of the said Act to take orders

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 for making apportionment of compensation amongst all the interested

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

while making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 185-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of road from KM 16th of TO2 to Prat

situated in Village Prat, Tehsil Mendhar, District Poonch under PMGSY :—

Specifications of land

District

Tehsil

Village

Kh. Nos.

Area

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

————————————————————————————––

K. M.

Poonch

Mendhar

Prat

143

01–05

267

03–14

492 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38

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

135

01–18

134

03–01

134/1

00–13

132

00–12

130

00–01

357

01–04

357

min

04–19

——–

Total

17–07

——–

Whereas, on the basis of an indent placed by Chief Engineer, PMGSY

(JKRRDA), Jammu, a notification under section 4(1) was issued by

Collector, Land Acquisition (SDM), Mendhar vide No. SDM/LA/PMGSY/

472 dated 28-05-2018 for land measuring 17 Kanals and 07 Marlas situated

in Village Prat, Tehsil Mendhar, District Poonch ;

Whereas, the Collector, Land Acquisition (SDM), Mendhar vide No.

SDM/LA-PMGSY/147-48 dated 29-07-2019 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 but no objection was received from the land owners/

interested persons in the prescribed time period as required under sections

5 & 5-A of the Land Acquisition Act ;

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

Mendhar vide number referred to above duly endorsed by the District

Collector (DC) Poonch, vide No. DCP/LA/819-20 dated 31-07-2019,

Divisional Commissioner, Jammu vide No. 502/3625/PMGSY/Prat/P/19/

————————————————————————————––

K. M.

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

493

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

2223 dated 18-09-2019 and by the Financial Commissioner, Revenue

vide No. FC-LS/LA/4977/2019 dated 17-10-2019 has been examined and

it has been found that the land owners did not file any objection to the

proposed acquisition ;

Whereas, the Government is satified that the land particulars whereof

are given above is required for public purpose viz. for construction of

road from KM 16th of TO2 to Prat situated in Village Prat, Tehsil Mendhar,

District Poonch under PMGSY.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 17 Kanals

and 07 Marlas, situated in Village Prat, Tehsil Mendhar, District Poonch,

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

construction of road from KM 16th of TO2 to Prat situated in Village

Prat, Tehsil Mendhar, District Poonch under PMGSY. Further, the Collector,

Land Acquisition (SDM), 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.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

–––––––

494 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38

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

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 186-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for establishment of BOP Fatwal 62 BN, situated in

Village Channi Fatwal, Tehsil Ramgarh, District Samba by Border Security

Force :—

Particulars of land

District

Tehsil

Village

Khs. No.

Area

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

K. M.

Samba

Ramgarh

Channi Fatwal

1621

min

09–15

1621

min

02–10

1621

min

02–05

1621

min

03–15

——–

Total

18–05

——–

Whereas, on the basis of an indent placed by Inspector General,

Hq. Jammu FTR BSF, a notification under section 4(1) was issued by

Collector, Land Acquisition (ACR), Samba vide No. ACR/LAS/2012-13/

1879-87 dated 09-03-2013 for land measuring 18 Kanals and 05 Marlas

situated in Village Channi Fatwal, Tehsil Ramgarh, District Samba ;

Whereas, the District Collector (DC), Samba vide No. DCS/ACR/19-

20/348-51 dated 09-09-2019 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

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 ;

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

495

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

Whereas, the report furnished by District Collector (DC), Samba

vide number referred to above duly endorsed by Divisional Commissioner

Jammu, vide No. 502/3641/ACQ/BOP/Channi/Fatwal/Samba/19/2277-79

dated 25-09-2019, and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-4973/2019 dated 15-10-2019 has been examined and it

has been found that the land owners did not file any objection to the proposed

acquisition ;

Whereas, the Government is satified that the land particulars whereof

are given above is required for public purpose viz. for establishment of

BOP Fatwal 62 BN, situated in Village Channi Fatwal, Tehsil Ramgarh,

District Samba by Border Security Force .

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

Acquisition Act, Samvat 1990, it is declared that land measuring 18 Kanals

and 05 Marlas, situated in Village Channi Fatwal, Tehsil Ramgarh, District

Samba, particulars whereof are given above is required for public purpose

viz. for establishment of BOP Fatwal 62 BN, situated in Village Channi

Fatwal, Tehsil Ramgarh, District Samba by Border Security Force. Further,

the Collector, Land Acquisition (ACR), Samba 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.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

–––––––

496 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38

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

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 187-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of 2x160 MVA, 220/33 KV Grid

Station situated in Village Birpur, Tehsil Bari Brahmana, District Samba by

PDD ;

Specifications of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M.

Samba

Bari Brahmana

Birpur

632

24–13

633

03–19

——–

Total

28–12

——–

Whereas, on the basis of an indent placed by Chief Engineer System

and Operation Wing, PDD, Jammu vide No. Ce/S&O/J/T/4414-17

dated 21-09-2019, a notification under section 4(1) was issued by Collector,

Land Acquisition (220 KV, S&O Wing, PDD), Jammu vide No. CLA/

S&O/PDD/47-56 dated 05-09-2019 for land measuring 28 Kanals and 12

Marlas situated in Village Birpur, Tehsil Bari Brahmana, District Samba ;

Whereas, the District Collector (DC), Samba vide No. DCS/ACR/

LAS/19-20/343-46 dated 10-10-2019 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 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 ;

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

497

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

Whereas, the report furnished by District Collector (DC), Samba

vide number referred to above duly endorsed by Divisional Commissioner,

Jammu vide No. 502/3322/PDD/Grd-Station/Birpur/Smb/19/2455

dated 10-10-2019, and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-4700/2019 dated 14-10-2019 has been examined and it

has been found that the land owners did not file any objection to the proposed

acquisition ;

Whereas, the Government is satified that the land particulars whereof

are given above is required for public purpose viz. for construction of

2x160 MVA, 220/33 KV Grid Station, situated in Village Birpur, Tehsil Bari

Brahmana, District Samba by PDD.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 28 Kanals

and 12 Marlas, situated in Village Birpur, Tehsil Bari Brahmana, District

Samba, particulars whereof are given above is required for public purpose

viz. for construction of 2x160 MVA, 220/33 KV Grid Station, situated in

Village Birpur, Tehsil Bari Brahmana, District Samba by PDD. Further, the

Collector, Land Acquisition (ACR) Samba 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.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

–––––––

498 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38

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

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 188-Rev (LAJ) of 2019

Dated 24-10-2019.

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

Acquisition Act, Smvt. 1990, the notification for the land measuring

24 Kanals and 05 Marlas situated in Village Badhoon, Tehsil and District

Rajouri under Khasra No. 1069 and 1166 min respectively for

construction of Mahaseer Brood Bank in Village Badhoon, Tehsil and

District Rajouri by Fisheries Department was issued vide notification

No.285-Rev(JAJ) of 2017 dated 04-07-2017 ;

Whereas, Financial Commissioner, Revenue, J&K vide No. FC-LS/

LA-4877/2019 dated 30-09-2019 has intimated that as reported by the Deputy

Commissioner, Rajouri latteron on the directions of the then Hon'ble Minister,

Animal Husbandary and Fisheries Department, the Assistant Director,

Fisheries, Rajouri requested for acquisition of land measuring 03 Kanals

instead of 12 Kanals in Khasra No. 1166 min ;

Whereas, the Collecetor, Land Acquisition (ACR), Rajouri issued

corrigendum vide No. AC/LA/475-78 dated 22-08-2017 to the notification

under section 4(1) of the J&K Land Acquisition Act for the land

measuring 15 Kanals and 05 Marlas instead of land measuring 24 Kanals

and 05 Marlas ;

Whereas, the Deputy commissioner, Rajouri and Divisional

Commissioner, Jammu recommended the case for issuance of corrigendum

to the notification isssued under sections 6 & 7 of the Land Acquisition Act,

by the Revenue Department vide notification No. 285-Rev (JAJ) of 2017

dated 04-07-2017 ;

Whereas, the case was accordingly returned to the Divisional

commissioner, Jammu by the office of Financial Commissioner, Revenue

vide letter No. FC-LS/LA-4877/2019 dated 19-07-2019 with the remarks

that the statutory period of two years of the said notification stands already

lapsed, which means that de-novo-acquisition proceedings are to be initiated

in the instant case in terms of section 11-B of the Land Acquisition Act ;

Whereas, now the Financial Commissioner, Revenue vide letter No.

FC-LS/LA-4877/2019 dated 23-10-2019 on the recommendation of Deputy

Commissioner, Rajouri vide No. AC/LA/291-92 dated 30-07-2019 duly

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

499

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

endorsed by the Divisional Commissioner, Jammu vide No. 502/2824/T/

M.B-Bank/Badhoon/Raj/19/2016-17 dated 02-08-2019 recommended the

case for afresh notification under sections 6 & 7 of the Land Acquisition

Act for the land measuring 15 Kanals and 05 Marlas situated at Village

Badhoon, Tehsil and District Rajouri for construction of Mahaseer Brood

Bank by J&K Fisheries Department, the specifications of land required are

as under :–

Specifications of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M.

Rajouri

Badhoon

1069

12–05

1166

min

03–00

–––––

Total

15–05

–––––

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

Acquisition Act, Samvat 1990, it is declared that land measuring 15 Kanals

and 05 Marlas, situated in Village Badhoon, Tehsil and District Rajouri

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

construction of Mahaseer Brood Bank, situated at Village Badhoon, Tehsil

and District Rajouri by the Fishries Department. Further, the Collector,

Land Acquisition (SDM), Mendhar 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.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

–––––––

500 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—GENERAL ADMINISTRATION

DEPARTMENT.

Subject :—Schedule of hearing of Public Grievances by the Advisors.

–––––––

Government Order No. 114 JK (GAD) of 2019

Dated 29-11-2019.

The Advisors to the Lieutenant Governor of the Union Territory of

Jammu and Kashmir shall hear public grievances as per the following

schedule in Jammu/Srinagar :—

SRINAGAR (GRIEVANCE CELL, CHURCH LANE, SONWAR)

Name of Advisor

Day of Week

Time

—————————————————————————————

Mr. K. K. Sharma

Monday, Tuesday

10.00 AM to 12.00 Noon

Mr. Farooq Khan

Thursday, Friday

10.00 AM to 12.00 Noon

JAMMU (BANQUET HALL, CANAL ROAD, JAMMU)

Name of Advisor

Day of Week

Time

—————————————————————————————

Mr. K. K. Sharma

Thursday, Friday

10.00 AM to 12.00 Noon

Mr. Farooq Khan

Monday, Tuesday

10.00 AM to 12.00 Noon

By order of the Lieutenant Governor.

(Sd.) DR. FAROOQ AHMAD LONE, IAS,

Secretary to Government.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

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 pursuance of Government Order No. 129-JK(GAD) of 2019

dated 02-12-2019, we the undersigned hereby handover and takeover the

charge of the post of Administrative Secretary, Department of Disaster

Management, Relief, Rehabilitation and Reconstruction.

(Sd.) SIMRANDEEP SINGH, IAS,

Relieving Officer.

(Sd.) PANDURANG K. POLE, IAS,

Relieved Officer.

————

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 19th Dec., 2019/28th Agra., 1941. [ No. 38

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

separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ASSISTANT COMMISSIONER, REVENUE), KARGIL.

Notification

In exercise of the powers conferred by Section 4(1) of the Jammu

and Kashmir Land Acquisition Act, Samvat 1990, I, Sonam Chosjor,

Collector, Land Acquisition (Assistant Commissioner, Revenue), Kargil

do hereby notify the land particulars of which are given below and

which is likely to be acquired for the construction of Water Supply

Scheme, Chutuk.

Objections, if any, from the interested persons or any person with

regard to the acquisition of the land with the following details, can

314 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

be filed in the office of the undersigned within fifteen (15) days of

issuance of this notification.

S. Name of the Name of the Name of the

Khasra

Area

No. Village

Tehsil

District

No.

————————————————————————————

Choskore

Kargil

4065 min 03–03

——————

Total

03–03

——————

Objection(s) filed after the expiry of fifteen (15) days will not

be entertained at any cost.

(Sd.)

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

Assistant Commissioner (Revenue),

Collector, Land Acquisition,

Kargil.

————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ASSISTANT COMMISSIONER, REVENUE), KARGIL.

Notification

In exercise of the powers conferred by Section 4(1) of the Jammu

and Kashmir Land Acquisition Act, Samvat 1990, I, Sonam Chosjor,

Collector, Land Acquisition (Assistant Commissioner, Revenue), Kargil

do hereby notify the land particulars of which are given below and

which is likely to be acquired for the construction of link road Wakha

Wadoo to Immam Bada RD 499.

Objections, if any, from the interested persons or any person with

regard to the acquisition of the land with the following details, can

be filed in the office of the undersigned within fifteen (15) days of

issuance of this notification.

Name of the Name of the Name of the

Khasra

Area

No. Village

Tehsil

District

Nos.

————————————————————————————

K. M.

Wakha

Shargole

Kargil

1155/720 min 00–07

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

315

Objection(s) filed after the expiry of fifteen (15) days will not

be entertained at any cost.

(Sd.)

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

Assistant Commissioner (Revenue),

Collector, Land Acquisition,

Kargil.

————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ASSISTANT COMMISSIONER, REVENUE), KARGIL.

Notification

In exercise of the powers conferred by Section 4(1) of the Jammu

and Kashmir Land Acquisition Act, Samvat 1990, I, Sonam Chosjor,

Collector, Land Acquisition (Assistant Commissioner, Revenue), Kargil

do hereby notify the land particulars of which are given below and

which is likely to be acquired for the construction of link road

Thurchoks Goma Minjee.

Objections, if any, from the interested persons or any person with

regard to the acquisition of the land with the following details, can

————————————————————————————

K. M.

1325/1297/719 min 00–04

699 min

00–05

700 min

00–07

698 min

00–05

695 min

00–04

1275/693 min

00–16

1275/693 min

01–05

——————

G. Total

03–13

——————

316 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

be filed in the office of the undersigned within fifteen (15) days of

issuance of this notification.

Name of the Name of the Name of the

Khasra

Area

No. Village

Tehsil

District

Nos.

————————————————————————————

K. M.

Minjee

Kargil

1837/1211 min

00–02

1162 min

00–05

——————

G. Total

00–07

——————

Objection(s) filed after the expiry of fifteen (15) days will not

be entertained at any cost.

(Sd.)

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

Assistant Commissioner (Revenue),

Collector, Land Acquisition,

Kargil.

————

GOVERNMENT OF JAMMU AND KASHMIR,

(REHABILITATION DEPARTMENT)

OFFICE OF THE CUSTODIAN, EVACUEE’S PROPERTY,

JAMMU.

Notification

Dated 29-10-2019.

In pursuance of section 6 read with section 9 (A) of the Jammu

and Kashmir State Evacuee’s (Administration of Property) Act, VI of

2006, the Custodian is pleased to notify for General Information the

list of Evacuee’s properties specified in the schedule annexed hereto,

which have vested in him.

S. No.

Description

Locality

————————————————————————————

Two Halls illegally constructed by

Village Gohlad,

1. Mohd. Hussain S/o Noor Din,

Tehsil Mendhar,

2. Nasreen Kouser W/o Ghulam

District Poonch

Rabani and 3. Nooren Choudhary

No. 38] The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

317

W/o Munawar Hussain R/o Gohlad,

Tehsil Mendhar at 1st and 2nd floor

of evacuee shops (3 Nos.) existing

03 mls. of land comprising Kh. No.37 min

with

following dimensions :—

1. 31′–0′′x 26′–6′′ (1st floor)

2. 31′–0′′x 26′–6′′ (2nd floor)

————————————————————————————

(Sd.)

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

Custodian,

Evacuee Property, Jammu.

————

OFFICE OF THE STATE TAXES OFFICER, CIRCLE ‘G’,

JAMMU.

Notification

Under Rule 6(i) of the CST Act, 1956 and J&K GST Rules, 1958

It has been reported by M/s. Delta Carriers Pvt. Ltd., Sidco

Complex, Bari Brahmana, Jammu bearing TIN 01881071549 that the

‘C’ Forms from S. No. 05V-420882 to 05V-420883 have been lost and

the matter stands published in the following newspapers :—

State times dated April 6, 2019.

Daily Excelsior dated April, 7, 2019.

The dealer has also furnished an indemnity bond in this respect

which is placed on record. Hence, the below noted ‘C’ Forms are/is

hereby declared as invalid for the purpose of sub-sections (5), (4) of

the section 8 of the CST Act 1956. Anybody fraudulently using the

said ‘C’ Forms will render himself liable for penal action as per law.

Anybody finding the said ‘C’ Forms please return the same to

the undersigned.

No. of ‘C’ Forms

S.No. of ‘C’ Forms

S. No. 05V-420882 to

05V-420883

Name and address of the dealer :

M/s. Delta Carriers Pvt.

Ltd., Sidco Complex,

Bari-Brahmana, Jammu

318 The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

Registration No.

01881071549

Whether lost/stolen/destroyed

Lost

(Sd.)

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

State Taxes Officer,

Circle ‘G’, Jammu

————

Notice

My name, my wife name and my children name have wrongly

been written as Kishan Jayswal instead of Kishan Jaiswal, Babli Jayswal

instead of Babli Jaiswal, Raj Jayswal instead of Raj Jaiswal (DOB 23-

02-2002) (son), Diya Jayswal instead of Diya Jaiswal (DOB 04-10-

2003) Daughter in Birth records. Now I am applying for Corrections

of the same. Objection, if any, may be conveyed to JMC, Jammu within

seven days.

Kishan Jaiswal

F/o Raj Jaiswal & Diya Jaiswal

R/o H. No. 626, Main Bazar,

Digiana, Jammu.

————

Notice

I, Sheikh Abdul Mannan S/o Abdul Rajak R/o H. No.166, Lower

Mast Garh, Jammu-180001 have changed my name from Sheikh Abdul

Mannan to Abdul Mannan. Henceforth, I shall be known as Abdul

Mannan for all purposes and both the names belong to the same person.

————

Notice

I, Bimbal Kaur W/o Pushaker Singh R/o Azad Nagar, Upper

Gadigarh, Tehsil Jammu South, District Jammu have applying for

correction of my name which has been wrongly written in my PAN

Card bearing No. EVTPK8703A as Bimala Kour instead of correct name

Bimbal Kaur. Objection, if any, may be conveyed to concerned authority

within 7 days from the date of publication of this notice.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

POLICE HEADQUARTERS, JAMMU AND KASHMIR, JAMMU.

Extension Notice

Due to administrative reasons, the last date for submission of

online bids and opening of technical bids against NIT No. 77 of 2019

dated 05-10-2019 floated by this Hqrs. for hiring of helicopter services

are re-scheduled as under :–

1. Last date of receipt

02-12-2019 up to 1800 hours

of tenders

2. Date of opening

04-12-2019 at 1100 hours

of technical bids

The other terms and conditions of the NIT shall remain the same.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG (Provision/Transport)

For Director General of Police,

J&K, Jammu.

–––––––––

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

separate compilation.

Vol. 132] Jammu, Thu., the 19th Dec., 2019/28th Agra., 1941. [No. 38

ADVERTISEMENTS—C

———–

142

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

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

POLICE HEADQUARTERS, JAMMU AND KASHMIR, JAMMU.

Amendment in tender

Following amendment is issued in NIT No. 72 of 2019

dated 13-09-2019 floated to procure Walk Through Metal Detector

(Pole type) :–

(i)

Read total quantity 04 instead of 10.

(ii)

The equipment should have 03 zones.

(iii)

Read ABS instead of APS at specification No. 01.

Detailed tender documents with terms and conditions are

available on J&K State e-Procurement Portal www.jktenders.gov.in.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG of Police (Provision/Transport)

For Director General of Police,

J&K, Jammu.

–––––––––

POLICE HEADQUARTERS, JAMMU AND KASHMIR, JAMMU.

Amendment/Bid Extension Notice

Pursuant to observations and queries raised by the intending

firms, amendments/clarifications to e-NIT No. 76 of 2019 (Hiring of

Consultant for implementation of State Wide CCTV Surveillance

Project are hereby enclosed herewith as Annexure-I of this Notice

along with sub-enclosures as Annexure A, B, C, and D.

Subsequently, due to administrative reasons, the last of date

for submission of online bids and opening of technical bids are

re-scheduleed as under :–

1. Last date of receipt

02-12-2019 up to 1800 hours

of tenders

2. Date of opening

04-12-2019 at 1100 hours

of technical bids

No. 38]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 143

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

All the intending bidders may login to J&K State e-Procurement

Portal www.jktenders.gov.in on tender 2019 DGPJK 83022-1 for

details.

The other terms and conditions of the NIT shall remain the same.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG (Provision/Transport)

For Director General of Police,

J&K, Jammu.

–––––––––

UNION TERRITORY OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–CIVIL AVIATION DEPARTMENT.

Notice Inviting e-Tender No. 01 of 2019

Jammu, November 21, 2019.

For and on behalf of the Governor, Union Territory of Jammu and

Kashmir, e-Tenders are invited from reputed and registered aviation

companies having airworthy transport helicopters duly certified and

endorsed on its Non-Scheduled Operator’s Permit (NSOP) from

DGCA, Government of India for leasing on Wet Lease Basis for an

initial term of three (03) months w. e. f. 01-01-2020 for multi-purpose use

of the Union Territory of Jammu and Kashmir with an option for

renewal/extension on same terms and conditions for a period of three (03)

years after approval is granted by the competent authority.

Date of Publishing of Tender Notice

25.11.2019

Period of Downloading of Documents

25.11.2019 to 27.11.2019

Date of submission of online Documents

13.12.2019

Date of submission of Hard Copy

16.12.2019

Date of pre-Bid Meeting

17.12.2019

Date of Opening Tender

17.12.2019

144

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

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

1. The tender document along with other Terms and Conditions

of the NIT and relevant documents can be downloaded from

the Union Territory Website http://jktenders.gov.in.

2. The tender shall be deposited in electronic format on the Union

Territory website http://jktenders.gov.in.

3. The tenders uploaded on the website up to due date will be

opened on 17-12-2019 or any other subsequent date convenient

to the Tenderer/Purchase Committee in the Office Chamber of

Commissioner, Civil Aviation Department, Union Territory of

Jammu and Kashmir, Civil Secretariat, Jammu.

4. The complete bidding process will be online.

5. Cost of the tender document is Rs. 5,000/- (Rupees five

thousand only) in the shape of Demand Draft (non-refundable)

in favour of Accounts Officer, Civil Aviation Department, J&K,

Jammu.

6. The tender should be accompanied with Earnest Money

Deposit of Rs.10.00 lac (Rupees ten lac only) in the form of

a CDR/FDR drawn in favour of the Commissioner, Civil

Aviation Department, Union Territory of Jammu and Kashmir,

Civil Secretariat, Jammu with six months validity.

7. The Earnest Money shall be forfeited if.—

(a)

any tenderer withdraws his tender during the period of

tender validity or makes any modification in terms and

condition of tender ; and

(b)

the company fails to execute the agreement within 10 days

of signing of contract document.

8. Instructions to bidder regarding e-Tendering process.—

Bidders are advised to get Digital Signature Certificate as per

Information Technology Act, 2000. Bidders can get Digital

Certificate from approved vendor.

No. 38]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 145

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

9. Bidders have to submit their bids in two bid format i. e. Technical

and Financial Bid online in electronic format with Digital

Signature. Financial Bid shall be submitted online only.

No financial bid will be accepted in physical form.

10. Bids will be opened online as per time schedule mentioned in

Para 3.

l l. Bidders must upload the scanned copy of all necessary

documents, like CDR/PAN/Demand Draft (Tender fee)/

Registration Certificate duly renewed online up to 13-12-2019

and hard copies thereof physically to tender receiving authority

on 16-12-2019 up to 1500 hours.

I2. The Department will not be responsible for any delay in online

submission due to any reason.

I3. The Tenderer/Purchase Committee shall reserve the right

to accept or reject any tender without assigning any reason

thereof.

14. The rates offered should be quoted in figures as well as in words

inclusive of all taxes and levies or any other charge. Taxes/charges

not mentioned in the offers will not be allowed and admissible.

15. The payment shall be released after successful completion of

the contract.

I6. Any erasing/overwriting/mutilation in the tender form will result

in outright rejection of the tender.

17. Conditional and ambiguous tender will not be entertained.

18. The terms and conditions as reflected in Annexure “A” are

mandatory and should be read very carefully by the intending

tenderers while furnishing their tenders, which are enclosed

and shall form a part of this NIT.

(Sd.) S. KATOCH,

Commissioner,

Civil Aviation Department.

–––––––––

146

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

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

Annexure “A”

SECTION ‘A’

GENERAL TERMS AND CONDITIONS

1. Introduction :

1.1

The Civil Aviation Department, Union Territory of Jammu and

Kashmir invites Tenders/Bids from reputed and registered

aviation companies having airworthy transport helicopters

duly certified and endorsed on its Non-Scheduled Operator’s

Permit from DGCA for leasing on Wet Lease Basis for a term

of three (03) months w. e. f. 01-01-2020 for multi-purpose use

of the Union Territory of Jammu and Kashmir with an option

for renewal/extension on same terms and conditions for a

period of three (03) years after approval is granted by the

competent authority.

1.2

The detailed terms and conditions and technical parameters

required for the helicopter to be hired on wet lease basis are

specified in the eligibility conditions in Para 4 of the document.

1.3.

Interested parties may apply online to participate in the bidding

process after downloading the relevant tender document

from Union Territory e-Portal http://jktenders.gov.in on the

prescribed format. The Bidders are advised to go through the

Tender Document carefully before submitting their Bids.

2. Description of the Bidding Process :

2.1

No Bidder shall submit more than one Bid for the Project.

2.2

Bids of the eligible Bidders for rendering of Helicopter services

to the Union Territory shall be evaluated on the basis of the

Bid Variable i. e. the lowest financial rate per hour per offered

seat quoted by a Bidder for providing the said services strictly

in terms of the draft Deed of Wet Lease Agreement appended

with the Tender Document, the Terms and Conditions whereof

shall be deemed to be a part of the Terms and Conditions of

this Tender Document.

2.3.

During the bidding state, the Bidders are invited to examine

minutely the scope of services envisaged to be rendered, as

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mentioned in the Tender Document and the draft Deed of Wet

Lease Agreement. The Bidders are expected to carry out at

their own cost, the investigations and analysis at their own level

as may be required for preparing and submitting their respective

Bids.

2.4.

All Bidders are required to deposit, along with their Bids, an

Earnest Money Deposit of Rs. 10.00 lac (Rupees ten lac only)

by way of a CDR/FDR in favour of Commissioner, Civil

Aviation Department, J&K. The Earnest Money shall be

refundable not later than 30 days from the Bid Due Date,

except in the case of the Successful Bidder.

2.5.

The Bid shall be typed or written in indelible ink and signed

by the Authorised Signatory of the Bidder who shall also initial

each page, in blue ink. All the alterations, omissions, additions or

any other amendments made to the Bid shall be initiated by the

person signing the Bid. A copy of the Board Resolution and/or

an appropriate Power of Attorney in favour of the Authorized

Signatory of the Bidder shall be submitted as a part of the

Technical Bid.

2.6.

Union Territory of Jammu and Kashmir shall be following a two

stage bidding process based on two bid Format i. e. Technical

and Financial for the selection of an Aviation Company for

providing of services strictly in accordance with the Terms and

Conditions of the draft Deed of Wet Lease Agreement which

is at Section-‘C’ of the Tender Document.

2.7.

Technical Bid :

2.7.1

The Technical Bid should contain the following :—

Details of the Bidding Company, specifications of the

Helicopter to be offered for services, all relevant technical

details, permits, certificates, etc. as per Schedule-I along with

all the relevant supporting documents as mentioned therein.

ii.

Earnest Money of Rs. 10.00 lac (Rupees ten lac only) in

the form of a CDR/FDR in favour of the Commissioner,

Civil Aviation Department, Union Territory of Jammu and

Kashmir.

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iii.

Tender Letter as per the format at Schedule-III.

iv.

Undertaking regarding arrangement for fully airworthy back

up Helicopter Aircraft of the same type and with complete

details of the Pilots and Air Crew to be provided to the Union

Territory.

Details of flying experience, particularly mountain flying

experience of the Pilots and other Air Crew along with copies

of flying licenses are to be enclosed.

vi.

Copies of current valid Non-Scheduled Operator’s Permit,

Airworthiness Certificate of Helicopters Certificate of

Registration, Insurance Policy or any other document needed

for the operation of the Helicopter(s) issued by either DGCA

or any other competent authority. Copies of other required

and relevant documents as stated in Schedule-I should also

be attached.

vii

Technicalspecifications of the Helicopter being offered

including safety parameters shall also be mentioned along

with proof of strong technical/maintenance support from the

manufacturer of the Helicopter or MRO duly approved by

the office of DGCA, Government of India.

viii

Flight safety record/accidents/incidents, if any, during the

last (three) 03 years/years of operations of the air operations

of the Helicopter is also to be enclosed. The service ability

record of the Helicopter for the last one year is also to be

enclosed.

A copy of the Board Resolution and/or an appropriate Power

of Attorney in favour of the Authorized Signatory of the Bidder

is to be enclosed.

2.7.2.

The Financial Bid shall be submitted online only as per

SCHEDULE-II.

2.7.3.

The hard copy of Technical Bid shall be kept in separate sealed

envelope with proper marking at the top corner of the envelope

as under :—

“Technical Bid Documents for

Hiring of Helicopter on Wet Lease basis.”

No. 38]

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2.7.4.

The Technical Bid/Tender, along with a copy of the Tender

Document including the draft Deed of Wet Lease Agreement

with each page duly signed and stamped and as enveloped above

should be addressed to :—

Commissioner,

Civil Aviation Department,

Union Territory of Jammu and Kashmir,

Room No. 2119, 2nd/Floor,

Civil Secretariat,

Jammu -180001 (J&K).

2.8

The Bidders shall ensure that their Bids are uploaded on time

and the hard copy of the Technical Bid shall reach the Office of

the Commissioner, Civil Aviation Department on or before

16-12-2019 by 1500 hours (03.00 p. m.). The Union Territory of

Jammu and Kashmir shall not be responsible if the Bid/Tender

of any Bidder gets misplaced or delayed in transit and is not

received by the Union Territory of Jammu and Kashmir by the

prescribed date and time.

2.9

The online Tender shall be opened in the Office Chambers of

Commissioner, Civil Aviation Department at 1500 hours (03.00

p. m.) on 17-12-2019. First, the Technical Bids shall be opened

and scrutinized. Thereafter, the Financial Bids of the technically

qualified Bidders shall be opened on 17.12.2019 at 1700 hours

(05.00 p. m.) (Tentative). However, if the Technical Bid of any

Bidder(s) is/are found incomplete or not accompanied by the

Earnest Money Deposit or any required documents or is deficient

on any technical parameters as specified in the Tender Document,

the Financial Bid of such Bidder(s) shall not be opened. The

decision of the Union Territory of Jammu and Kashmir shall be

final and binding on the Bidders.

2.10

Bidders shall provide all the information sought in the Tender

Document and while submitting their Bids/Tenders, shall strictly

adhere to the prescribed format(s) as provided in the Tender

Document so as to facilitate the Union Territory of Jammu and

Kashmir to consider and evaluate them properly. Any change in

the format or incomplete information may lead to rejection of

the Bid.

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2.11

Any condition or qualification or any other stipulation contained

in the Bid, which in the opinion of the Union Territory of Jammu

and Kashmir amount to making the Bid conditional, shall render

the Bid liable for rejection.

2.12

The Bid and all communications in relation to or concerning the

Tender Document and the Bid shall be in English Language.

2.13

The Bids shall be valid for a period of 180 days from the Bid

Due Date.

2.14.

The Bidders shall be responsible for all the cost associated with

the preparation of their respective Bids and their participation in

the Bidding Process, Union Territory of Jammu and Kashmir

will not be responsible or in any way liable for such costs, re-

gardless of the conduct of the Bidding Process.

2.15

During Technical Evaluation stage, if any relevant information

or clarifications is/are required by the Evaluation Committee,

the same shall be promptly provided by the concerned Bidder.

2.16

The Union Territory of Jammu and Kashmir reserves the right

to verify all statements, information and documents submitted

by the Bidder in response to the Tender Document and the

Bidder shall, when so required by the Union Territory of Jammu

and Kashmir, make available all such information, evidence and

documents as may be necessary for such verification. Any

such verification or lack of such verification by the Union

Territory shall not relieve the Bidder of its obligations or

liabilities hereunder nor will it affect any rights of the Union

Territory thereunder.

2.17

The Union Territory reserves the right to reject any Bid

and appropriate the Earnest Money Deposit if, at any time, a

material mis-representation is made or uncovered or the

Bidder does not provide, within the time specified by the Union

Territory of Jammu and Kashmir, including supplementary

information sought for evaluation of the Bid.

No. 38]

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2.18

The Union Territory shall be entitled to forfeit and appropriate

the Earnest Money Deposit as damages, submitted by the

Bidder(s) under the following circumstances :—

2.18.1

if the Bid is withdrawn or modified or changed during

the Bid Validity Period or any extension thereof.

2.18.2

if the successful Bidder(s) seek(s) modifications to the

agreed terms and conditions of the Tender.

2.18.3

if the successful Bidder fails within the specified time

limit to sign the Wet Lease Agreement.

2.18.4

if the successful Bidder after issuance of Letter of

Intent (LoI) fails to position the helicopter at the Base

on or before the specified date. In addition to forfeiture

of Earnest Money Deposit as contemplated above, the

Union Territory of Jammu and Kashmir may blacklist

the successful Bidder and debar it from participating in

any future Tenders to be floated by the Union Territory

of Jammu and Kashmir for a specified period.

2.19

The Bidder who quotes the lowest rate per hour per offered

seat keeping performance and other flying parameters in

consideration based on the Terms and Conditions including the

condition of minimum guaranteed 360 hours of flying per calendar

year inclusive of all operational costs and other expenses of

airport, helipad usage and AAI’s navigational charges including

the cost of Aviation Turbine Fuel (ATF), cost of landing, charges

AAI, A TF positioning (Transportation), lodging/boarding

and transportation of all crew both flying and technical and

GST shall be declared as the successful Bidder.

2.20

After selection, a Letter of Intent (LoI) shall be issued by the

Union Territory of Jammu and Kashmir to the successful

Bidder who shall acknowledge the acceptance of the same within

2 days of receipt of the Lol.

2.21

The successful Bidder shall execute with the Commissioner, Civil

Aviation Department, the Wet Lease Agreement within two

(02) days from the date of issuance of the Lol. The successful

Bidder shall not be entitled to seek any deviation, modification or

amendment in the terms of the Wet Lease Agreement.

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2.22

The successful Bidder shall position the two Helicopters and

make it ready for operations at the Srinagar and Jammu by

01.01.2020 or within such extended time period as may be agreed

to by the Union Territory of Jammu and Kashmir. If the successful

Bidder fails to deliver and make the Helicopters operational within

such time limit as aforesaid, the Union Territory of Jammu &

Kashmir shall have the right to cancel the offer/LoI and forfeit

the Earnest Money Deposit of the successful Bidder. Thereupon,

the Union Territory of Jammu and Kashmir may at its sole

discretion, invite the second lowest Bidder or any other suitable

operator to negotiate the rates for the purpose of providing the

Helicopter and the successful Bidder shall not object to the same.

2.23

On the following routes, helicopter selected will be deployed for

services :—

Ex-Srinagar

i. Srinagar-Drass-Srinagar.

ll.

Bandipora-Kanzalwan-Dawar-Neru- Bandipora.

iii. Kupwara-Machil-Tangdhar-Keran-Kupwara.

iv. Srinagar-Kargil-Srinagar.

Srinagar-Leh-Nubra-Srinagar.

Ex-Jammu

vi. Kishtwar-Sounder-Navapachi-Inshan-Kishtwar.

vii.

Jammu-Rajouri-Poonch-Jammu.

viii. Jammu-Doda-Kishtwar-Jammu.

Operation from/to anywhere in the Union Territory.

2.24

The lessor during the currency of the Agreement/Contract would

be bound to provide the services defined in the contract on any

of the new route/routes added and approved by the competent

authority.

2.25

One helicopter each will be required to be made available at

two bases viz. Srinagar and Jammu. However, Union Territory

No. 38]

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shall be at liberty to assign any base and from such period as

may be necessary depending on the load or requirement of

different sectors.

2.26

The successful Bidder will obtain the necessary clearance

from Ministry of Defence, Government of India for its

operations on various routes on its own. Any other clearance

which may be needed to conduct these operations will also be

obtained by them. Clearance within the Union Territory of

Union Territory Departments can be facilitated by the Civil

Aviation Department.

2.27

The Union Territory of Jammu and Kashmir reserves the right

to accept or reject any Bid or Tender submitted by the Bidder(s)

or to cancel the entire Bidding process and reject all Bids

submitted, at any time without assigning any reason and without

incurring any liability to the affected Bidder(s).

Schedule of Bidding Process :—

The Union Territory of Jammu and Kashmir shall endeavour to adhere

to the following schedule :–

Event Description

Date

No.

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

Bid Due Date which is the

16.12.2019

last date for the receipt of the

Bids

ii.

Opening of Bids :

(a)

Technical Bid

17.12.2019

(b)

Financial Bid

17.12.2019

iii.

Issuance of the Letter of

18.12.2019

Intent (LOI)

iv.

Validity of Bids

31.03.2020

Signing of Wet Lease

19.12.2019

Agreement

Eligibility Conditions

4.1.

Each bidding company must fulfil the following eligibility

conditions :—

4.1.1

The Bidder should hold a valid Air Operator Permit

(AOP) suitable for the type of operations proposed to

be carried out in terms hereof.

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4.1.2

Minimum operation experience of two (02) years for

the Company bidding with each of the Pilots involved

in the operation must possess a minimum required

mountain flying experience as laid down by CAR of

DGCA for mountain flying.

4.1.3

The Air Crew being offered by the Bidder to the Union

Territory of Jammu and Kashmir should be technically

qualified and professionally competent for undertaking

all type of flights in the Union Territory. His license and

hill flying should be current.

4.1.4

The Bidder should have minimum fleet of two (02)

Airworthy Transport Helicopters in possession of

High Performance capable of carrying more than Five

(05) passengers or more along with minimum personal

baggage and/or equipment at high altitudes which are

duly certified and endorsed on its Non-Scheduled

Operators Permit by DGCA, Gol.

4.1.5

The Bidder must have a minimum of four (04) or more

Pilots (Pilot-in-Command and Co-Pilot) on its rolls,

each of whom are duly trained/authorised to fly the

Helicopters offered and should have been in the direct

employment of the Bidder for a minimum period of six

(06) months on the date of Bidding. Further, the

Pilot-in-Command (PiC) must possess the requisite

PiC flying experience as required for operating flights

in hilly and mountainous areas as laid down in CAR

Section 8 (H) of DGCA.

4.1.6

The Bidder should have

adequate arrangements

for an additional/backup Helicopter of the same type

and model or Helicopter of equivalent performance in

fully airworthy condition with complete set of Pilots and

Air Crew so as to ensure that in case of non-availability

of the Helicopter under contract due to any reason

whatsoever, the additional/backup Helicopter is provided

forthwith to the Union Territory of Jammu and Kashmir

for rendering services in terms of the draft Deed of

Wet Lease Agreement. The backup Helicopter shall

be required to be positioned at the relevant Base within

24 hours of grounding of the Helicopter under service

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due to technical snag or any other reason whatsoever.

However, no charges shall be paid by the Union Territory

of Jammu and Kashmir for ferrying of the backup

Helicopter.

4.1.7

The Bidder must have full maintenance support and

the required infrastructure for schedule maintenance

and operation of the Helicopter being offered, duly

approved by DGCA.

4.1.8.

The Bidder shall have to submit last Annual Safety Audit

Report conducted by DGCA, Gol. Last Surveillance

report of operations and maintenance by DGCA should

also be enclosed.

4.1.9

The Bidder(s) will be allowed to ground the Helicopter

for maintenance for three (03) days per month. The

Union Territory of Jammu and Kashmir shall have

discretion to deduct charges on pro-rata basis for excess

days of grounding beyond authorized number of days

based on fixed annual hours.

4.2

Helicopter being offered by the Bidder should possess the

following mandatory specifications/requirements :—

4.2.1

Should have a valid Certificate of Airworthiness from

the DGCA at the time of Bidding.

4.2.2

Should have the necessary certification of registration,

lease agreement in case of leased Helicopter duly

approved by DGCA. The Crew in case of foreign origin

must meet the requirement of clearance for relevant

authorities of Government of India including DGCA,

MHA and MoD. All the mandatory modifications issued

by the manufacturer or prescribed by DGCA must be

complied with all throughout the period of agreement

with Union Territory of Jammu and Kashmir.

4.2.3

Have excellent performance at high altitudes and

capable of landing/take off up to an altitude of 12,000

feet with the required load as per laid down performance

of the Helicopter.

4.2.4

Should be fitted with modern/latest Avionics, NAV

equipment, flight and safety equipment etc. All

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necessary equipment needed for areas of operation

must be fitted and available.

4.2.5

Should have required oxygen masks and oxygen

supply system as per guidelines laid down by DGCA

for passengers flying at high altitude in unpressurised

flights.

The bidder(s) shall also meet the following requirements laid down

by the DGCA in respect of the offered Helicopter :—

5.1

Requirements of operations of leased aircraft in India as per

CAR Section 3, Series C, Part-I.

5.2

Requirements for installation of flight Data Recorders as per

CAR Section II, Series I, Part V.

5.3

Requirement for installation of Aircraft equipment and Instruments

as per CAR Section-Il, Series I, Part II.

5.4

Requirement for installation of Cockpit Voice Recorders as per

CAR Section-Il, Series I, Part VI and other relevant rules and

regulations. In addition to above, the Bidder shall also comply

with all the relevant rules, notifications, instructions, CARs and

other regulations issued by DGCA for undertaking operations of

Helicopter in mountainous region of Jammu and Kashmir.

Scope of Services :–

The successful Bidder shall carry out its operations/services in

accordance with the Terms and Conditions contemplated in the draft

Wet Lease Agreement (Section C) of the Tender Document. The

successful Bidder shall also maintain the currency of the various

licenses, permits etc. at all times during the Term of the Agreement or

such extended period during which the services are being offered

by the successful Bidder to the Union Territory of Jammu and

Kashmir. Further, the successful Bidder shall also :

6.1

Throughout the Term of Agreement maintain at its own

expense, full liability insurance/self-insurance of the Helicopter

including that of the backup Helicopter. The Bidder shall also

No. 38]

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maintain throughout the Term of Agreement at its own expense,

insurance/self-insurance against war risk, hijacking etc.

6.2

Shall also abide by all relevant rules, CARs and other regulations

issued/modified/amended by DGCA and other competent

authorities from time to time during the Term of Agreement or

any extension thereof.

6.3

Make adequate arrangement of infrastructural facilities for

inspection and maintenance of its Helicopter with spare parts,

full strength of Pilots and Crew along with their accommodation,

transportation, fuel and its transportation, insurance etc. with

regard to operations of the Helicopter.

6.4

Pay all taxes including withholding charges, taxes, duties, levies,

fees, costs etc. including passengers/freight insurance, landing

and parking charges at various locations as applicable, extension

of watch hours or thereof and service tax or any such tax as

may be applicable.

6.5

Have to provide experienced and licensed Crew for operations

and qualified and experienced maintenance Crew for servicing

of the Helicopter offered for lease in order to keep the Helicopter

available and serviceable for operational use all the time throughout

the Term of the agreement.

6.6

Position the Helicopter one each at Srinagar and Jammu and

any other location within the Union Territory and be ready for

operations by 01-01-2020.

6.7

Bidder may have to make arrangement for ticketing and

collecting tariff directly once the list of passengers has been

approved by the Nodal Officer/competent authority. The record

of the tariff collected along with the passenger’s list has to be

shared with the Nodal Officer and enclosed with the monthly

invoice.

(Sd.) S. KATOCH,

Commissioner,

Civil Aviation Department.

–––––––––

No. 38]

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SCHEDULE-I

TECHNICAL BID

Union Territory of Jammu and Kashmir,

Civil Aviation Department

COMPANY BACKGROUND AND HELICOPTER

SPECIFICATIONS TO BE SUBMITTED ALONGWITH

THE BID

The Bidders are advised to furnish necessary information required

against the respective columns. If a Bidder fails to complete all the columns

of this form, its Bid shall not be evaluated.

Name of the owner of the

Helicopter. If not registered in

the Bidder’s name, what is the

legal nature of arrangement with

the owner (Proof of possession

i. e. Registration Certificate/

Lease Agreement to be provided).

Are you holding Operator’s

Approval from the Regulatory

Authority (please attach copy).

ISO 9001-2000 Certification OR any

other accredited certification of the

firm duly supported with documentary

proof.

Annual turnover of the Bidder relating

to Helicopter operations for the last

year as per audited balance sheet, a

copy whereof to be enclosed.

Annual Safety Audit Report of last

year (copy to be enclosed).

Detail of earnest money deposit of

Rs ..............

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Duration of validity of Bid.

Type of Helicopter offered

(a) Call sign/registration

Number of the Helicopter ;

(b) Year of manufacture ; and

to be attached).

(i) Passengers/seats available

(excluding Pilots, Crew and

Attendant).

(ii) Number of seats offered

(ex-Srinagar, and ex-Jammu)

for winters and summers

separately (excluding

Crew and Attendant).

10.

Number of hours flown by the

Helicopter.

11.

Number of flying hours available

on the Helicopter for the next six

months.

12.

Attach current certificate of

Airworthiness.

13.

Data of expiry of Certificate of

Airworthiness.

14.

Down time per month (permitted

down time is 3 days per month).

15.

Attach copy of Hull and Crew

insurance and passengers

insurance indicating Insurance

Certificate Number and its

validity.

16.

Last major inspection date.

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17.

Engine Hours/Start cycles.

18.

Present Location of the Helicopter.

19.

Whether in a position to place

Helicopter each at Srinagar and

Jammu. Make these machines

operational within 06 days from

the date of issuance of the LoI ?

20.

Bidder’s total fleet of Helicopters

(type with call sign).

21.

Total Company staff strength:

(i)

Pilots

(a) Indian

(b) Foreign Nationals

(ii)

Licence Engineers

(a) Indian

(b) Foreign Nationals

(iii)

Other staff.

22.

Past expenence (last two years)

with details of existing operations.

23.

(a) Licence details of the Pilots,

Engineers in support of their

rating category and experience

on type of the Helicopter at

their credit and Medical

Assessment issued by DGCA

(proof to be attached).

(b) Hill flying experience of each

Pilot and Air Crew (proof to be

attached).

24.

List of safety, navigation/

communication equipments etc.,

available on board the helicopter

offered.

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25.

Fuel details :

Type of fuel in use

Standard fuel capacity (Kgs.)

Fuel consumption per hour

(Kgs./Ltrs. both)

26.

Range without reserve (in Nautical

Miles).

27.

Speed of Helicopter in Knots with :

(i)

VNE

(ii)

Max. Cruising speed.

28.

Has the Helicopter being offered

been involved in any accident/

incident in the past five years ? If

yes, please give brief details of the

cause of accident(s)/incident(s).

Details of other significant

accident/incident may also be

provided.

29.

List of existing clients.

30.

Confirmation regarding provision

of the Insurance cover for

passengers flying in the Helicopter

(attach copy of policy/certificate).

31.

Whether entire services shall be

provided by the Bidder ? If not, give

details of work/part of services to

be outsourced ?

32.

Undertaking that Bidder is willing

to abide by all the requirements laid

down by Civil Aviation Regulatory

Authority if India i. e. DGCA as

specified in the Tender document.

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Schedule-II

Financial Bid (To be submitted Online only)

Numb-

Text #

Numb-

Text #

Numb-

text #

er #

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

Sr.

Item

Quantity Units

Basic

Total

No.

Descri-

Rate in

Amount

ption

Figures

With

Words

to be

Taxes

entered

for total

by the

number

Bidder

of seats

(Per

offered

Flying

per hour

hour per

offered

Seat)

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

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

Hiring of

360.00

hours

Rs. P.

0.00

INR

Helicopters

on wet lease

basis. Ex-

Jammu

Minimum

Guarantee :

per annum.

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

Total

0.00

INR

in Fig-

ures

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

Quoted

INR

Rate in

Words

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

No. 38]

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

Hiring of

360.00

hours

Rs. P.

0.00

INR

Helicopters

on wet lease

basis Ex-

Srinagar.

Minimum

Guarantee:

per annum.

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

Total

0.00

INR

in Fig-

ures

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

Quoted

INR

Rate in

Words

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

–––––––––––

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

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TENDER LETTER

(to be submitted with the Technical Bid)

The Commissioner,

Civil Aviation Department,

Union Territory of Jammu and Kashmir,

Civil Secretariat,

Jammu.

Subject :–Hiring of Helicopter on Wet Lease Basis by the Union Territory

of Jammu and Kashmir.

Sir,

We, the undersigned, have considered and complied with the various

Bidding Instructions as contained in the Tender Document and have accepted

the Tender Document with various Terms and Conditions of the draft Wet

Lease Agreement in respect of hiring by Union Territory of Jammu and

Kashmir of a transport Helicopter having carrying capacity - passengers

plus personal baggage/equipment to various places in Jammu and Kashmir

up to the altitude of 12,000 feet requiring crossing over of peaks up to the

height of 18,500 feet in full cognizance and compliance with the conditions

and regulations of the local Union Territory authorities. The services shall

be rendered by us in conformity and in accordance with the Terms and

Conditions of the Tender Document to the entire satisfaction of the Union

Territory of Jammu and Kashmir, at the price and schedule of rates to be

quoted in our Financial Bid.

We further confirm and stipulate as follows :—

Until the final Deed of Wet Lease Agreement/Contract documents

are prepared and executed, this Tender Documents, together with

modifications/additions/deletions agreed to by the Union Territory of

Jammu and Kashmir and pursuant to their written acceptance thereof,

shall constitute a Binding Contract between us and the Union

Territory upon the Terms of this Tender including the Price Schedules

accompanying the same.

No. 38]

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ii.

We shall be prepared to provide the services on the location, to

commence within the stipulated time period and to complete the same

in accordance with the Terms and Conditions of the Deed of Wet

Lease Agreement during Term of the Agreement or any extension

thereof. The aforesaid time schedule i.e. its beginning and completion

dates are of the essence of the Agreement.

We undertake and confirm that prices quoted in our Financial Bid

(BoQ) shall remain firm and capable of acceptance by you in

accordance with the provisions hereof for a period of ___ days from

the Bid Due Date.

Date...............day of...................

Signature.....................................

Name.........................................

In the capacity of........................

Duly authorized to sign Tender for and on behalf of

................................ (Name and address)

Witness : ............................

––––––––––

No. 38]

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DEED OF WET LEASE AGREEEMENT

This Deed of Wet Lease Agreement is hereby executed on

this..................day of....................

By and between

The Commissioner, Civil Aviation Department, Union Territory of Jammu

and Kashmir, hereinafter referred to as the “Lessee” which expression

shall include its successor and assigns :

..................... First Party

And

M/s___________________________________________________

represented by____________________________ , hereinafter referred

to as the “Lessor” which expression, unless repugnant to the context, shall

include its successors and assigns ;

.................. Second Party

................individually referred to as “Party” and collectively as “Parties”.

Whereas, The Lessee is desirous of hiring two (02) Helicopter for its

operations in the Union Territory of Jammu and Kashmir. Helicopter will be

based at Srinagar and Jammu.

And whereas, the Lessor is engaged in the business of providing He-

licopter Services and pursuant to having selected, the Lessor through an

open, transparent and competitive bidding process, the Lessor has issued a

Letter of Intent (LoI) dated_______ to the Lessor and the Lessor has

agreed to provide to the Lessor, the services of two (02) Helicopter duly

certified by DGCA on the mutually agreed Terms and Conditions herein

contained.

––––––––––

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NOW, THEREFORE, IT HAS BEEN AGREED BETWEEN THE

PARTIES AS FOLLOWS :—

Interpretation :

The following words and phrases shall have the meanings hereby

assigned to them :—

“Area of Operation” denotes any area within the

boundaries of Union Territory of Jammu and Kashmir.

“Base” means Srinagar and Jammu or any other location

in the Union Territory where the Helicopter and Crew

including maintenance facilities up to 500 hours servicing

will be provided.

“Main Base” means either Srinagar/Jammu as

applicable.

“Delivery Date” means the date by which the Lessor is

required to mobilize the Helicopter at the Base for

operation.

“Flying Charges” mean the amounts set out for total hours

of flying per annum for the number of seats offered.

“Flying Time” with respect to the Helicopter would mean

the time from rotor starts of the Helicopter till rotor stops

(Maximum of 05 minutes of rotor running on ground in

one hour of flying).

“Force Majeure” would mean fire, flood, industrial action,

bad weather, acts of God (like earthquake, landslide,

lightning, tempest, tornado), war (whether declared in

India or the country of the manufacture of major

components or sub-assemblies of the Helicopter), civil

disturbance, sabotage, epidemic, any Governmental

restrain and any such like cause which is not reasonably

within the control of either party claiming force majeure.

Financial distress would, however, not constitute force

majeure.

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“Regulatory Authority” means any Union Territory

Body(ies) or Union Territory Department(s) having the

responsibility for regulating aviation related matters in

the Area of Operation.

“Emergency” shall mean any situation which in

the opinion of the authorized representative of the

Lessee is :

A matter of life or death of any person and/or.

ii. A matter of serious threat of injury/damage to any

person or property of the “Lessee”.

II.

“Month” means calendar month and “Monthly” shall have

the corresponding meaning.

III.

“Scheduled Fight” means a Helicopter flight scheduled in

accordance with the programme for the Operational Day.

IV.

“Security” as it relates to the Helicopter means all actions

taken towards :

a. Avoidance of ingress by unauthorised personnel ; and

b. Safety of the Helicopter from intentional damage by any

external forces.

“Service” means the services carried out by the Lessor and

its personnel under this Agreement as set out in Clause-II.

VI.

“Scheduled/Unscheduled Maintenance” means maintenance

required for Helicopter as per DGCA’s Regulations and as

prescribed by the manufacturer defect, rectification etc.

VII.

“Party” or “Parties” means party or parties to this

Agreement.

VIII.

“Out Station” means any station other than the Base Station.

IX.

“Term” means the period set out in Clause-I.

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“Operational Day” for a Helicopter means the time

commencing from first scheduled flight as per the programme

for the day to the estimated time of landing of last scheduled

flight of the day.

XI.

“Programme” means written requisition of the Helicopter

for a day indicating time of departure, destination and

approximate flight time etc.

XII.

“Night” shall mean period between sun-set and sun-rise.

XIII.

“Watch Hours” mean the time notified by the Airports

Authority of India from time to time for normal operation of

different airports.

XIV.

“VFR” means Visual Flight Rules as specified by DGCA.

XV.

“IFR” means Instrument Flight Rules as specified by

DGCA ; and

XVI.

“Headings” are for convenience of reference only and shall

not affect the meaning and interpretation of this Agreement.

POSITIONING OF HELICOPTERS :

The LESSOR undertakes to position the Helicopter one each at

Srinagar and Jammu or any other location within the Union Territory

on or before the Positioning Date along with the qualified flying and

technical crew members. Adherence to the Positioning date and

starting of operations shall be the essence of this Agreement. The

Lessor shall ensure that their Helicopters be ready for operations

by the Positioning Date, which shall be 01-01-2020. Should the

Helicopter not be positioned at the relevant Base and made

operational on or before the Positioning Date, the Lessor may consider

granting extension of time for the positioning of the Helicopter subject

to genuine reasons as may be applied by the Lessor. If the Lessor

fails to deliver and make the Helicopter operational within such

extended time limit, the Lessee shall have the right to cancel the

No. 38]

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offer/ LoI and forfeit the earnest money of the Lessor. Thereupon,

the Lessee may at its sole discretion, invite the second lowest bidder

or any other suitable bidder to negotiate the rates for the purpose of

providing the Helicopter and the Lessor shall not object to the same.

TEAM OF AGREEMENT :

The Term of the Agreement shall be for and it shall commence

from 01-01-2020 and terminate on the evening of 31-03-2020

the same terms and conditions will be extended for three (03)

years once the approval from MHA, GoI is granted for the

subsidized helicopter scheme. However, on or before the expiry

of the 03 years agreement, shall, if mutually agreed upon in writing,

have the option to renew this Agreement on such Terms and

Conditions as may be agreed upon by both. At the time of renewal

of this Agreement, the Lessee will, however, give a written

notice of not less than sixty (60) days prior to the expiry of the

initial term of this Agreement indicating its intention of such

extension/renewal and the Lessor shall, within 07 days of

receipt of such notice, inform the Lessee of its intention to

renew this Agreement.

SERVICE :

The LESSOR shall during the Term of Agreement provide

the Helicopter as required by the Lessee and the Lessor

shall ensure that the Helicopter is available and maintained

for operational use as demanded by the Lessee and its

authorized personnel.

Notwithstanding the foregoing it shall be the Lessor’s sole

responsibility to determine the acceptable number of

passengers and/or load before each flight and upon such

determination, the Lessor may seek variation in the

proposed number of passengers and/or load to be carried

by the Helicopter. In case numbers of passengers carried

are lesser than what is offered in the schedule II, the penalty

will be borne by the Lessor. In case the passengers are

not offered by the Lessee the penalty of vacant seats will

be borne by the Lessee.

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The Lessee shall, before programmed departure of a flight,

provide to the Lessor, with a manifest containing the

number and name of the passengers, cargo weight,

destination and the estimated time of departure/arrival of

the flight.

Before any proposed flight, it shall be the Lessor’s

responsibility to determine the route and the suitability of

flying and landing conditions including the status of

destination Helipad/Airfield.

If the Helicopter becomes, or is construed as total loss, the

Lessor shall use its best endeavour to replace at its expense,

the contracted Helicopter by an identical Helicopter

satisfactorily acceptable to the Lessee within thirty days

of the loss and after meeting the DGCA requirements,

failing which the Lessee may terminate this Agreement.

The Flying Charges payable under the Agreement in respect

of the lost Helicopter shall cease after the date of loss until

the Lessor replaces it by a similar fully operational

Helicopter at the said Base.

The Lessor shall possess necessary Non-Scheduled

Operator’s Permit to operate the Helicopter and shall

ensure that an Airworthiness Certificate for the Helicopter

is available and remains current during the Term of the

Agreement. The Helicopter shall comply with all the laws,

rules, regulations, orders, standards and schedules

governing the aircraft in Non-Scheduled Operations

category of the DGCA. The Helicopter shall be flown and

operated in compliance with such laws, rules and CARs

as applicable and updated from time to time by DGCA or

MoCA, Gol.

The Lessor may have to make arrangement for ticketing

and collecting tariff directly once the list of passengers

has been approved by the Nodal Officer/competent

authority. The record of the tariff collected along with the

passengers’ list has to be shared with the Nodal Officer

and enclosed with the monthly invoice.

No. 38]

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III.

HELICOPTER SPECIFICATION :

The Lessor, in keeping with the requirements of the Lessee

mentioned in Clause II (b) shall ensure that the Helicopters is

equipped to VFR/IFR standards and that the said equipments

are serviceable and maintained as per regulatory Air Worthiness

Standards of DGCA.

IV.

Helicopters positioning, availability, maintenance, scheduled

inspection/technical snags-replacement of helicopter and

safety :

a. The Lessor shall make available the Helicopters to the

Lessee for operational use up to 360 hours of flying per

annum. The helicopter should be made available for

360 flying hours in a year during the period of this

agreement.

b. In the following eventualities, the flying hours flown in

a calendar year shall be reduced proportionately :—

(i)

When the Helicopter is grounded on account of

necessary maintenance for days more than that

allowed to the Lessor.

(ii) When the Helicopter is grounded due to Force

Majeure conditions.

c. The LESSOR shall be allowed to ground the Helicopter

for maintenance at the rate of three (03) days per month

during the Term of the Agreement. Total days of

grounding shall not exceed 18 days in six months. If the

Helicopter is grounded for days more than the limits

specified hereinabove, the Lessee, shall have the

discretion to deduct Flying Charges on pro-rata basis

for such excess days of grounding.

d. The Lessor will carry out its maintenance, repair

overhaul or servicing activities during such time which

does not affect the flying task of planned flying day.

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The Lessor shall give notice to the Lessee of any

scheduled maintenance to be carried out on the

Helicopter at least ten (10) days in advance.

e. If the Helicopters is grounded for more than the

authorized days in any calendar month, the Lessor

shall replace it at its own expenses with an identical

Helicopter acceptable to the Lessee or the Lessor shall

pay the Lessee the entire cost of alternative

arrangements which the Lessee may make in such

circumstances.

f. The Lessor shall keep one backup Helicopter (of same

type and capacity/standard or as acceptable to the

Lessee) ready at their Main Base at Srinagar/Jammu

as applicable for immediate replacement of the

Helicopter under contract prior to grounding of the

Helicopter for major (scheduled) inspections or if it

becomes total loss or constructive total loss. The

backup/replacement Helicopter shall be positioned at

Srinagar, Jammu, as applicable before such long

scheduled inspection is taken up so that normal flying

activities are not disturbed

g. The backup (replacement) Helicopter shall be positioned

at the launching Base within 48 hours if the Helicopter

under service is grounded for technical snag.

h. No ferry charges shall be paid by the Lessee for the

ferry of the Helicopter.

i. The Lessor shall notify to the Lessee immediately when

the Helicopter is grounded or when it is again fully

operational and shall keep complete and accurate

records of all groundings of the Helicopter due to routine

maintenance or otherwise which the Lessee, at its

discretion, may inspect at any time if found incorrect,

levy necessary penalty.

J. The Lessor shall ensure that the Helicopter programme

shall always be in conformity with DGCA regulations/

CARs on Air Crew Flight Time Limitations (FTL) and

Flight Duty Time Limitations (FDTL).

No. 38]

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k. The Lessor shall comply with all Indian Aviation

Regulatory and all other applicable laws, rules and

regulations of India/State. The Lessor shall indemnify

the Lessee/State Government against the Lessor’s

ignorance and/or failing to comply with said laws, rules

and regulations. The Lessor must agree to abide by

any other new regulations/Civil Aviation Requirements

(CAR) introduced by DGCA from time to time.

I. All trial landings, ferry flights and test flying would be

considered non-revenue and would be at the cost of

Lessor and shall be excluded for the purpose of billing

to the Lessee.

FIRST PARTY’s PERSONNEL :

Lessor shall provide, for the duration of this Agreement for the

Helicopters and as per Lessee’s requirement, duly type rated

Pilots and necessary qualified Engineering Crew to operate and

maintain the Helicopter so as to provide the services to the Lessee

in accordance with this Agreement. The flying licence, the PPC

and other area clearance and currencies must always be kept

current for the operating crew.

VI.

BASE :

The Lessee has nominated Srinagar and Jammu as the main Bases

for the Helicopters where the Lessor shall station the Helicopters

and make the equipment, personnel, spare parts and tools etc.

available as may be required for the operation of the Helicopters

on the mentioned routes in that region.

VII.

OPERATIONAL DAY :

The Lessee’s authorized representative may change from time

to time. Therefore, necessary notice of flying task/operational

days be communicated to the Lessor well in advance for

necessary planning.

VIII.

PROVISION OF SERVICES AND FUEL :

a. The Lessee shall provide, at the helipads adequate fire

fighting equipment, wind direction indicators and other

essential facilities required for the safe operation of

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the Helicopter as per the DGCA guidelines wherever

the said facilities/equipment are not provided by National

Airports Authority of India or any other Airport/Helipad

owner. The Lessee will also provide Standard Base for

the Helicopter and commercial power supply facilities

at the designated Base on payment basis to the Lessor.

In case operations are to be undertaken from any

Defence Helipads/Airfield, necessary clearance from

Defence Authorities will be obtained by the Lessor.

b. Security of the Helicopter at Helipads/Airfield and

security check of passengers, baggage, and cargo is

required to be carried and arranged by the Lessee at

all locations where Helicopter service is intended to be

availed.

c. All arrangements for fuelling will be made by the Lessor

at the Base or at places where Indian Oil Corporation

fuel is available. If the fuel is required to be positioned

at any other station, the Lessor may position the same

at their own cost at all locations where helicopter

services are intended to be availed.

d. The Lessor shall carry portable oxygen equipment

whenever the same is required for operations at high

altitudes as laid down by the DGCA (Regulatory

Authorities). Any modification if needed to comply

with this regulations of DGCA, Lessor may do so it at

its own expenses.

e. Accommodation for the crew and maintenance

personnel, their transportation and medical facility at

the Lessee's Bases will be arranged by the Lessor at

its own expense.

f. Operations away from the Lessee’s Base and

its operational area shall be forecasted 24 hours

in advance. However, arrangements for Crew’s

lodging/boarding, transport facility and Air Crew

Medical Check shall be made by the Lessor at its

No. 38]

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own cost. For overnight stay at places outside Union

Territory of Jammu and Kashmir, accommodation,

transport, meals etc. shall also be arranged by the Lessor

at its own expenses.

IX.

CHARGES :

In consideration of the Lessor carrying out the service, the

Lessee shall, in respect of the Helicopter pay to the Lessor,

during the term of this Agreement, the following charges :—

FL YING CHARGES :

a. The Lessee shall, subject to the provisions of this

Agreement in respect of the Helicopter, pay to the

Lessor the Corresponding Charges per hour per seat

(for number of seats offered) and pro-rata thereof to

the nearest multiple of three minutes for flying hours of

the Helicopter @ Rs..............(Rupees__________

_______________________) per hour per seat (for

number of seats offered) inclusive of GST or any other

tax levied thereon as per the applicable laws from time

to time. The deposit of GST and necessary proof of the

same will be made available by Lessor to Lessee for

their records.

b. The Lessee shall guarantee minimum 360 hours of

flying per annum (for number of seats offered) during

the Term of the Agreement to the Lessor, for which

Flying Charges shall be payable by the Lessee to the

Lessor each quarter.

c. The Flying Charges shall be payable by the Lessee to

the Lessor from the date of making operation the

Helicopter at the designated Base or Lessee’s

nominated location.

d. The aforesaid rate includes provision for catering to

fluctuation in prices of fuel/ATF, customs duty rates

for purchase of spares etc. and, as such, no separate

fluctuation charges for fuel/ATF, customs duty etc. shall

be payable by the Lessee to the Lessor.

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e. LANDING, PARKING AND WATCH EXTENSION

CHARGES :

i. All landing, parking, Route Navigation and

Housing Charges shall be exclusively borne by

the Lessor.

ii. Extension of watch hours at air fields to meet the

requirements of operations, fuelling, weather etc.

shall be arranged and paid for by the Lessor.

f. FLIGHT LOG :

i. The Lessee’s authorized representative shall sign

the “rotor starts” and “rotor stops”. Time of each

flight which shall constitute prima facie evidence

of the flying hours recorded therein.

ii. The Lessor shall, after each Operational Day,

prepare a daily flight log in duplicate, indicating,

inter alia, the total hours flown and total passenger

carried thereof on the basis of aforementioned

document, the original copy whereof shall be

retained by the Lessor and the duplicate copy

handed over to the authorised representative of

the Lessee. Also the Lessor shall within

24 hours of each Operational Day, give the

flight log including the hours flown and total

passengers flown of the same to the authorized

representative of the Lessee.

g. PAYMENTS :

i. Monthly charges for the hours flown and

passengers carried as applicable will be

calculated @ Rs............................(Rupees

__________________________________)

per hour per seat inclusive of GST or any other

tax levied thereon as per the applicable laws from

time to time, shall be paid by the Lessee to the

No. 38]

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Lessor before the 10th of the following quarters,

the period to be reckoned from the date of

operationalization of the Helicopter at the

designated Base. Actual number of flying hours

flown and passenger carried as applicable shall

be computed at the end of the year and the Lessee

shall pay for any extra hour flown beyond 360

hours per annum during the Term of the

Agreement at the end of each year.

ii. All invoices shall be raised in Indian Rupees and

all payments to be made by the Lessee to the

Lessor, shall be made in Indian Rupees by way

of electronic transfer. The invoice will include

GST and other taxes, if any.

FORCE MAJEURE :

In the event of either party being rendered unable by force majeure

to perform any obligation required to be performed by it under

the Agreement, the respective obligation of the Party affected by

such force majeure shall after issuance of a written notice to the

other Party be suspended for the period during which such cause

lasts. The term “FORCE MAJEURE” as used herein shall mean

Acts of God, War (declared or undeclared), riots or civil

commotion, fires, floods and any change in laws, Acts and

regulations of Union Territory of Jammu and Kashmir. Upon the

occurrence of such cause and upon its termination, the Party

alleging that it has been rendered unable by Force Majeure as

aforesaid shall notify the other Party in writing within 48 hours of

the alleged beginning and ending thereof giving full particulars

and satisfactory evidence in support of its claim. During and in

respect of the period as the obligations of the Parties are suspended

by force majeure, the Lessor shall not be entitled to any charges

under Clauses IX- g (i) and IX-g (ii).

In the event the Force Majeure conditions are reasonably

expected to continue for a period of more than Thirty (30) days,

the Lessee shall have the option of terminating this Agreement

by giving seven (07) days written notice thereof to the Lessor,

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an if the Agreement is terminated, as such, the Lessee shall pay

to the Lessor, the amount payable up to the date of such

termination.

XI.

INDEMNTY :

The Lessor shall indemnify the Lessee and/or its clients/

actual users from and against all claims, costs, demands,

actions, including legal fees costs, whatsoever, arising out

of the Lessor’s third party liability for use of the Helicopter

(including damage or loss of Helicopter) during the term

hereinmentioned.

The Lessor shall also indemnify the Lessee against and from

any and all claims including fees arising from the death or

injury to any person including the Lessor’s personnel and/or

the loss of damage to the property of any person including

the property of the Lessee, resulting from any act of omission

and commission in the performance of service by the Lessor

or any personnel employed by the Lessor.

XII.

INSURANCE :

The Lessor shall maintain throughout the period of the

Lease Agreement at its own expenses, full liability

insurance/self-insurance of the Helicopter. The Lessor shall

also maintain, throughout the period of Lease at its own

expense, insurance/self-insurance against the risks of war

and hijacking.

The Lessor shall comply with the laws in respect of

Worker’s compensation and all other laws in force with

reference to employees, safeguarding insurance and

protecting all labour employed or used by the Lessor and

shall insure and continue to insure against third party bodily

injury liability or loss of life on each occurrence as per the

statutory provisions.

Third party legal liability insurance cover of appropriate value

shall be obtained by the Lessor so as to indemnify the Lessee

No. 38]

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in respect of all sums which the Lessor may become legally

liable to pay for bodily injury and property damage caused

by an occurrence arising out of the ownership, leasing,

maintenance or use of the aircraft.

Passenger’s insurance liability cover shall be obtained by

the Lessor in respect of all sums which the Lessee may

become legally liable to pay for or for the admitted liability

of Rs.................... per passenger for bodily injury (including

death) arising out of contract of carriage of any passenger

by an occurrence whilst the passenger is in the care, custody

or contract of the Lessor. The passenger admitted liability

offered is against full legal discharge. In the event of non-

payment or delay in payment by the insurer beyond

________ days from the date of lodging the claim, the

Lessor shall indemnify the Lessee for discharging their legal

liability.

Personnel baggage liability insurance shall be obtained by

the LESSOR in respect of damage to or for loss of any

property caused whilst the passengers are being carried by

the Helicopter or in the course of any of the operations of

loading or unloading to the extent of Rs.................against

each and every claim of each individual passenger.

Combined Single Limit in respect of bodily injury/property

damage/baggage loss or damage shall be restricted to Rs.

as a cumulative amount for anyone occurrence and in

respect of any number of passengers including the Crew.

XIII.

TAXES AND DUTIES :

All Taxes including withholding taxes, duties, levies, fees, charges,

costs etc. including freight insurance, landing and parking charges

at various locations as applicable, except service tax or any such

tax as may be applicable on the Flying Charges, shall be borne by

Lessor. The service tax or any such tax as may be applicable on

the Flying Charges payable to the Central Government at the

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prevailing rate, shall be paid by the Lessee on the bills in respect

of the Flying Charges raised by the Lessor. Income Tax at source

at the rates applicable from time to time, shall be deducted by the

Lessee from the monthly bills of the Lessor.

XIV.

TERMINATION :

a. TERMINATION ON EXPIRY OF THE TERM :

This Agreement shall automatically stand terminated

on the expiry of the Term of the Agreement including

any extension thereof, as stated in Clause-I hereinabove.

b. The Lessor shall remove the Helicopter from the Base

within 15 days from the date of expiry of the Agreement.

The Lessee shall not be liable to pay any charges after

the date of termination of this Agreement.

c. TERMINATION AT THE SOLE DISCRETION OF

THE LESSEE :

Notwithstanding anything contained elsewhere in this

Agreement, the Lessee may at any stage in its sole

discretion terminate this Agreement by giving to the

Lessor 15 days prior written notice without assigning

any reason whatsoever.

d. TERMINATION ON ACCOUNT OF FORCE

MAJEURE :

The parties shall have the right to terminate this

Agreement on account of Force Majeure as setforth

in Clause X.

e. TERMINATION DUE TO OPERATIONAL

PROBLEMS :

i. If the LESSOR is not in a position to provide the

Helicopter contracted for by the due date or due

to inordinate delay in the supply of spare parts or

repairs or rotables and engines by the

manufactures/other approved suppliers of the

Lessor, this Agreement may be terminated by

giving 15 day’s notice in writing by either Party.

No. 38]

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

ii. If either of the Party shall fail or neglect to

perform or observe any of the terms, conditions

and covenants of this Agreement, the same shall

be terminated by giving 30 day’s notice in writing

by the affected Party to the other Party.

iii. The Lessee shall have an unqualified option to

forfeit the Earnest Money and/or Performance

Bank Guarantee and/or black list the Lessor and/

or terminate this Agreement :

(a)

If the Lessor fails to position the Helicopter

at the designated Base in on or before the

stipulated date.

(b)

If the performance of the Lessor is found

unsatisfactory during the Term of

Agreement or the Lessor contravenes any

terms and conditions of the LoI or this

Agreement or disobeys the directions of the

Lessee issued from time to time or fails to

provide back-up Helicopter during

grounding of the leased Helicopter for

technical snags.

f. CONSEQUENCES OF TERMINATION :

In all cases of termination herein setforth, the obligation

of the Lessee to pay the rates or any other charges

shall be limited up to the period till the date of termination.

XV.

CONFIDENTIALITY :

a. The Lessor acknowledges that all material and

information provided to it in connection with the services

and all knowledge gained in connection with this

Agreement and the performance hereof is confidential

and disclosure of which to or use by a third party would

be damaging to the interests of the Lessee. The Lessor

agrees to hold such material information and knowledge

in strictest confidence and not to divulge the same to

186

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

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

any third party. Such material information of knowledge

about the Lessor’s operational information and all such

information related to Maintenance and Administration,

will likewise be held as confidential by the Lessee.

b. Clause XV (a) shall survive even after the termination

of this Agreement.

XVI.

ARBITRATION :

a. Any dispute or difference whatsoever arising between

the Parties out of or relating to the construction,

interpretation, application, meaning, scope of operation

or effect of the Agreement or the validity or the breach

thereof, shall be first tried for amicable settlement

through consultation/discussion between the Parties. If

the disputes cannot be settled by Parties within 30 days

from the date of consultation, such dispute shall be

referred to the Chief Secretary, Union Territory of

Jammu and Kashmir, who shall be appointed as the

Sole Arbitrator for adjudicating upon the disputes and

differences in accordance with the provisions of the

Jammu and Kashmir Arbitration and Conciliation Act,

1997. The Award of the Arbitrator shall be a reasoned

one and made in writing in English language. The A

ward shall be final and binding upon both the Parties.

b. The arbitration proceedings shall be conducted at

Srinagar/Jammu, Union Territory of Jammu and

Kashmir.

c. During the period of arbitration, there shall be no

suspension of the Agreement.

XVII.

COURT JURISDICTION AND APPLICABLE LAWS :

All questions, disputes or difference arising under our out of or in

connection with this Agreement shall be subject to the laws of

Union Territory of Jammu and Kashmir and to the exclusive

jurisdiction of the courts situated at Srinagar/Jammu, Union

Territory of Jammu and Kashmir.

No. 38]

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941. 187

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

XVIII.

SERVERABILITY :

Should any provision of this Agreement to be found to be invalid,

illegal or otherwise not enforceable by any Court of Law, such

finding shall not affect the remaining provisions hereto.

NOTICE

Any notice required to be given under the provisions of this Agreement,

shall be in writing and shall be deemed to be properly given if sent by hand,

registered mail or fax, addressed as follow :

TO THE FIRST PARTY—

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

TO THE SECOND PARTY—

THE PRINCIPAL SECRETARY, CIVIL AVIATION

DEPARTMENT, UNION TERRITORY OF JAMMU AND

KASHMIR, CIVIL SECRETARlAT, JAMMU.

In case of change in address, the concerned Party will inform the other in

writing.

In Witness whereof the authorised representatives of the Parties hereto

have signed this Agreement on the day and year first above written.

IN PRESENCE OF :

(Name and Designation/Address of LESSOR)

AUTHORISED REPRESENTATIVE

IN PRESENCE OF :

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

Commmissioner

Civil Aviation Department

Union Territory of Jammu and Kashmir.

————

188

The J&K Govt. Gazette, 19th Dec., 2019/28th Agra., 1941.

[No. 38

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

POLICE HEADQUARTERS, JAMMU AND KASHMIR

(Povision Section)

Tender Cancellation Notice

Due to administrative reasons, e-NIT No. 83 of 2019 dated

09-12-2019 floated by Police Hqrs., J&K to procure Anti Riot Gas

Mask is hereby cancelled. Samples, if any, deposited by any firm

may be collected from Police Central Stores, Gusshan Ground, Jammu.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG of Police (Provision/Transport)

For Director General of Police,

J&K, Jammu.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Fri., the 11th Oct., 2019/19th Asv., 1941. [ No. 28-ab

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

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 CULTURE.

Notification

Srinagar, the11th October, 2019.

SRO-571.–In exercise of the powers conferred by sub-section (1)

of section 3 of the Jammu and Kashmir Ancient Monuments Preservation

Act, Svt. 1977 (1920-AD) (Act No. V of 1977), and in supersession of

EXTRAORDINARY

REGD. NO. JK–33

2 The J&K Govt. Gazette, 11th Oct., 2019/19th Asv., 1941. [No. 28-ab

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

Notification SRO-111 of 2019 dated 11-02-2019, the Government on the

recommendation of the Director, Archives, Archeology and Museums,

Jammu and Kashmir, hereby intends to declare "Tingmongang Fort along

with land measuring 213 Kanals and 01 Marla falling under Khasra

No. 1960 near Tingmogang Village District Leh and Ancient Cave along

with land measuring 01 Kanal and 11 Marlas falling under Khasra No. 2474

at Saspol, Village District Leh" as the State Protected Monument within the

meaning of the said Act.

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

objection are invited from the general public to the aforesaid proposal, which

should reach to Secretary to Government, Department of Culture, within a

period of two months from the date of issuance/publication of this notification

in the newspaper or fixation of this notification at a conspicuous place on

the Monument.

By order of the Government of Jammu and Kashmir.

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

Secretary to the Government,

Department of Culture.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––TRANSPORT DEPARTMENT

Notification

Srinagar, the 25th of October, 2019.

SRO-769.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the cadre of the Jammu and Kashmir Motor Garages (Gazetted)

Service for the Union Territory of Jammu and Kashmir upon exclusion

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-aap

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.

———–

No. 30-aap] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941.

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

Schedule-I of SRO-769 dated 25-10-2019.

Name of the

No. of

Pay Band/Scale of the

Cadre

No.

Post

Posts

post with Grade Pay/

(UT/Divisional/

Level

District

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

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

Director

L-13(123100-215900)

UT J&K

Deputy Director

L-11(67700-208700)

UT J&K

Administrative

L-8(47600-151100)

UT J&K

Officer

Work Manager

L-8A(50700-160600)

UT J&K

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

Total

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

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

Deputy Secretary to Government,

Transport Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––TRANSPORT DEPARTMENT

Notification

Srinagar, the 25th of October, 2019.

SRO-770.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the cadre of the Jammu and Kashmir Motor Garages (Subordinate/

Non-Gazetted) Service for the Union Territory of Jammu and Kashmir

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132]

Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-aaq

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.

———–

No. 30-aaq] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941.

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

Schedule-I of SRO-770 dated 25-10-2019.

Name of the

No. of

Pay Band/Scale of the

Cadre

No.

Post

Posts

post with Grade Pay/

(UT/Divisional/

Level

District

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

Section Officer

L-7(44900-142400)

UT J&K

Senior Scale

L-7(44900-142400)

UT J&K

Stenographer

Assistant Accounts

L-7(44900-142400)

UT J&K

Officer

Legal Assistant

L-6E(35900-113500)

UT J&K

Head Assistant

L-6B(35600-112800)

UT J&K

Jr. Legal Assistant

L-6B(35600-112800)

UT J&K

Senior Assistant/

L-5(29200-92300)

UT J&K

Storekeeper/Job

Card Clerk

Accounts Assistant

L-5(29200-92300)

UT J&K

Junior Assistant

L-4(25500-81100)

UT J&K

10. Store Attendant

L-2(19900-63200)

UT J&K

11.

Orderly

L-SL1(14800-47100)

UT J&K

12. Chowkidar

L-SL1(14800-47100)

UT J&K

13. Safaiwala

L-SL1(14800-47100)

UT J&K

14. Stores Officer

L-6E(35900-113500)

UT J&K

15. Foreman

L-6D(35800-113200)

UT J&K

16. Inspector

L-6D(35800-113200)

UT J&K

17. Latheman

L-6D(35800-113200)

UT J&K

The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aaq

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

18. Fuel Pump

L-6D(35800-113200)

UT J&K

Operator

19. Mechanic

L-6(35400-112400)

UT J&K

20. Fitter

L-4(25500-81100)

UT J&K

21. Painter

L-4(25500-81100)

UT J&K

22. Upholister

L-4(25500-81100)

UT J&K

23. Tin Smith

L-4(25500-81100)

UT J&K

24. Black Smith

L-4(25500-81100)

UT J&K

25. Electrician

L-4(25500-81100)

UT J&K

26. Welder

L-4(25500-81100)

UT J&K

27. Dent Beater

L-4(25500-81100)

UT J&K

28. Solderer

L-4(25500-81100)

UT J&K

29. Tyre Mechanic

L-4(25500-81100)

UT J&K

30. Greaser Washer

L-2(19900-63200)

UT J&K

31. Helper

L-SL2(15900-50400)

UT J&K

32. Cleaner

L-SL2(15900-50400)

UT J&K

33. Chauffeur

120

L-6C(35700-113100)

UT J&K

34. Driver Grade-I

168

L-4(25500-81100)

UT J&K

25.

Driver Grade-II

193

L-2(19900-63200)

UT J&K

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

Total

818

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

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

Deputy Secretary to Government,

Transport Department.

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

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Mon., the 28th Oct., 2019/6th Kart., 1941.[No. 30-aaae

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

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 28th of October, 2019.

SRO-939.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the prosecution cadre of the Jammu and Kashmir Police (Gazetted)

Service for the Union Territory of Jammu and Kashmir upon exclusion of

the posts of Union Territory of Ladakh, shall comprise the posts as

indicated in Schedule-I to this notification, subject to any modifications as

may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government,

Home Department.

————

The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. [No. 30-aaae

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

Schedule–I to SRO-939 of 2019 dated 28-10-2019.

Name of the Post

Number

Pay Band/Scale of the

Cadre

No.

of Posts

Post with Grade Pay

————————————————————————————

1. Director, Prosecution

Level 13-A-131100-216600

Joint Director,

Level 12-78800-209200

Prosecution

3. Deputy Director,

Level 11-67700-208700

Prosecution

4. Chief Prosecuting

Level 10-A-56600-179800

Officer

5. Sr. Prosecuting

Level 8-47600-151100

Officer

(Sd.) RASHID RAINA, KAS,

Under Secretary to Government,

Home Department.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132]Jammu, Mon., the 28th Oct., 2019/6th Kart., 1941. [No. 30-aaaf

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

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 28th of October, 2019.

SRO-940.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the prosecution cadre of the Jammu and Kashmir Police

(Non-Gazetted) Service for the Union Territory of Jammu and Kashmir

upon exclusion of the posts of Union Territory of Ladakh, shall comprise

the posts as indicated in Schedule-I to this notification, subject to any

modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government,

Home Department.

————

The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. [No. 30-aaaf

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

Schedule–I to SRO-940 of 2019 dated 28-10-2019.

Name of the Post

Number

Pay Band/Scale of the

Cadre

No.

of Posts

Post with Grade Pay

————————————————————————————

1. Prosecuting

105

Level-6E-35900-113500

Officer

(Sd.)

RASHID RAINA, KAS,

Under Secretary to Government,

Home Department.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132]

Jammu, Mon., the 28th Oct., 2019/6th Kart., 1941. [No. 30-aaag

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

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 28th of October, 2019.

SRO-941.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the prosecution cadre of the Jammu and Kashmir Police (Gazetted)

Service for the Union Territory of Ladakh, shall comprise the posts as

indicated in Schedule-I to this notification, subject to any modifications as

may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government,

Home Department.

————

The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. [No. 30-aaag

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

Schedule–I to SRO-941 of 2019 dated 28-10-2019.

Name of the Post

Number

Pay Band/Scale of the

Cadre

No.

of Posts

Post with Grade Pay

————————————————————————————

1. Director, Prosecution

–

Level 13-A-131100-216600

Joint Director,

–

Level 12-78800-209200

Prosecution

3. Deputy Director,

–

Level 11-67700-208700

Prosecution

4. Chief Prosecuting

Level 10-A-56600-179800

Officer

5. Sr. Prosecuting

Level 8-47600-151100

Officer

(Sd.) RASHID RAINA, KAS,

Under Secretary to Government,

Home Department.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132]

Jammu, Mon., the 28th Oct., 2019/6th Kart., 1941. [No. 30-aaah

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

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 28th of October, 2019.

SRO-942.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the cadre of the Jammu and Kashmir Prosecution (Non-Gazetted)

Service for the Union Territory of Ladakh, shall comprise the posts as

indicated in Schedule-I to this notification, subject to any modifications as

may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government,

Home Department.

————

The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. [No. 30-aaah

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

Schedule–I to SRO-942 of 2019 dated 28-10-2019.

Name of the Post

Number

Pay Band/Scale of the

Cadre

No.

of Posts

Post with Grade Pay

————————————————————————————

1. Prosecuting

Level-6E-35900-113500

Officer

(Sd.) RASHID RAINA, KAS,

Under Secretary to Government,

Home Department.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Mon., the 28th Oct., 2019/6th Kart., 1941. [No. 30-aaai

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

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 28th of October, 2019.

SRO-943.––In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct

that the cadre of the Jammu and Kashmir Prisons (Gazetted) Service for

the Union Territory of Jammu and Kashmir upon exclusion of the posts

of Union Territory of Ladakh, shall comprise the posts as indicated in

Schedule-I to this notification, subject to any modifications as may be

necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to Government,

Home Department.

————

The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. [No. 30-aaai

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

Schedule–I to SRO-943 dated 28-10-2019.

Name of the Post

Number

Pay Band/Scale of the

Cadre

No.

of Posts

Post with Grade Pay

————————————————————————————

1. Inspector General,

L-14 (144200-218200)

Prisons

2. DIG, Prisons

L-12 (78800-209200)

3. Chief Accounts Officer

L-11 (67700-208700)

4. Sr. Superintendent, Jail

L-11 (67700-208700)

5. B-Grade Phy. Specialist

L-11 (67700-208700)

6. SG Supdt., Jail/

L-10A (56600-179800)/

Superintendent, Jail

L-8 (47600–151100)

7. Assistant Surgeon

L-9 (52700-166700)

8. Dental Surgeon

L-9 (52700-166700)

9. Accounts Officer

L-8 (47600-151100)

———

Total

———

(Sd.) BASHIR AHMAD LONE, KAS,

Addl. Secretary to Government,

Home Department.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Wed., the 23rd Oct., 2019/1st Kart., 1941. [No. 29-2

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

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

separate compilation.

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

PART III

Laws, Regulations and Rules passed thereunder.

———–

HIGH COURT OF JAMMU AND KASHMIR

(OFFICE OF THE REGISTRAR GENERAL AT SRINAGAR)

Notification

No. 887 Dated 23-10-2019.

Subject :—Jammu and Kashmir Advocates (Regulation of Practice in

the High Court and Subordinate Courts) Rules, 2003.

––––––

Consequent upon issuance of Constitution (Application to J&K) Order

2019, C. O. 271 notified vide Notification dated 05-08-2019 read with

Declaration under Article 370 (3) of the Constitution, C. O. 273 notified

vide Notification dated 06-08-2019, the Jammu and Kashmir Advocates

(Regulations of Practice in the High Court and Subordinate Courts)

No. 29-2]

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

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

JAMMU AND KASHMIR ADVOCATES (REGULATION OF

PRACTICE IN THE HIGH COURT AND SUBORDINATE

COURTS) RULES, 2003.

Notification No. 82

Dated 31-05-2003.

In exercise of the powers conferred by section 34 (1) of the

Advocates Act, 1961 read with Section 102 of the Constitution of

Jammu and Kashmir and all other enabling provisions and to carry out

the mandate of law laid down by the Supreme Court in case ‘Ex. Captain

Harish Uppal Vs. Union of India’ Writ Petition (c) No. 132 of 1998 with

Nos. 394 of 1993, 821 of 1990, 320 of 1993 and 406 of 2000, the High

Court of Jammu and Kashmir hereby makes the following rules :—

Short title.—

(i)

These rules may be called the Jammu and Kashmir Advocates

(Regulation of Practice in the High Court and Subordinate

Courts) Rules, 2003.

(ii)

These rules shall come into force at once.

Notes

Duty of High Court.— The High Court has power to formulate

rules under Section 34 (1) of Advocates Act, 1961 or regarding proceedings

inside the court, including the conduct of advocates during such

proceedings. The court can not be deprived of control or supervision of

proceedings inside a court, merely because the right of an advocate is

involved. Bar council exercises control over Advocate’s right to practice.¹

1The High Court can lay down the conditions subject to which an

Advocate would be permitted to practice in the High Court and courts

subordinate to the High Court. Right of appearance of Advocates in the

courts is within the control and jurisdiction of the High Court.

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

Parvin Shah Vs. K. A. Mohd. Ali & anr.; (2001) 8 SCC 650.

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

[No. 29-2

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

Duty of Advocate and Bar Councils.—The Bar Councils are

enjoined upon with the duty to act as sentinels of professional conduct and

must ensure that the dignity and purity of professional are in no way

undermined. Its job is to uphold the standards of professional conduct and

etquette. Thus every State Bar Council and the Bar Council of India has

a public duty to perform, namely to ensure that the monopoly of practice

granted under the Advocates Act is not misused or abused by a person

who is enrolled as an Advocate. Since the duty of a lawyer is to assist the

court in the administration of justice, the practice of law has a public utility

flavour and, therefore, he must strictly and scruplously abide by the code

of conduct behaving the noble profession and must not indulge in any

activity which may tend to lower the image of the profession in society.²

It is a clear duty of a legal practitioner to put in an appearance on

every date of hearing to represent his client in a case and to do all

necessary acts connected with the due and diligent prosecution of the case.

A legal practitioner failing in this respect does not act up to the best

traditions of the noble profession to which he belongs and may even risk

of being found guilty of professional misconduct unless there is a good

and sufficient excuse justifying his non-appearance on a particular date to

represent his client in a case.³

Strike by Advocates.— Lawyers have no right to go on strike or

give call for boycott of courts. If a lawyer having vakalatnama of a client,

absents himself from the court due to strike call, he is liable to pay costs/

damages to the client as it amounts to breach of contract and is

unprofessional.⁴

An Advocate is an officer of the court and enjoys special status in

society, thus he has obligation and duties to ensure smooth functioning of

the court. Strike or abstaining from work impairs the administration of justice

and is inconsistent with the profession of lawyers.

There is no scope for accommodating a striking advocate. An advocate

who appears despite call of strike can not be refused hearing.⁵

Functioning of the court has to be ensured uninfluenced by a call for

strike by the lawyers. Courts are bound to discharge their duties without

fear and no effort of brow beating should deter the court from discharging

their judicial functions.⁶

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

Indian Council of Legal Aid and Advice V. Bar Council of India (1995)

1 SCC 732; AIR 1995 SC 691.

1979-1991 PLR, J&K 315 (D. B.).

Ex. Capt. Harish Uppal V. Union of India & anr., AIR 2003 SC 739;

(2003) (1) JKJ 449.

Ramon Service Pvt. Ltd. V. Subash Kapoor, AIR 2001 SC 207.

Iftikhar Hussain & anr. V. State, 2002 (i) SLJ 293.

No. 29-2]

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

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

Definitions.—In these rules, unless the context otherwise

requires,—

‘Act’ means the Advocates Act, 1961.

‘Advocate’ means an Advocate entered in the ‘State roll’

or in the roll of any other State or Union Territory under the

provisions of the Act or any other law for the time being in

force.

‘Bar Council’ means Bar Council constituted under

the Act.

‘Bar Association’ means an Association of Advocates

whether or not recognized by the Bar Council.

‘Chief Justice’ means Chief Justice of the High Court of

Jammu and Kashmir.

‘Committee of Bar’ means the members of a Bar

Association/Bar Council, by whatever name called,

responsible for running day to day affairs of the Association/

Council and includes its office bearers and executive/

governing committee.

‘District Judge’ means a District Judge posted as Principal

District Judge of a District and includes any Additional

District Judge posted at a station in the District other than

the station where Principal District Judge is functioning.

‘High Court’ means the High Court of Jammu and Kashmir.

‘State’ means State of Jammu and Kashmir.

‘Subordinate Court’ means any court subordinate to the

High Court of Jammu and Kashmir and includes Tribunals

and Forums subject to superintendence, control and appellate

jurisdiction of the High Court.

‘State Roll’ means a roll of Advocate prepared and

maintained by the High Court under the Act.

All other words and expressions used in these rules but not

specifically defined herein shall have the same meaning as

assigned to such words and expressions in the Advocates

Act, 1961 and Jammu and Kashmir General Clauses Act,

Svt. 1977.

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

[No. 29-2

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

Right of an Advocate to appear and conduct cases in Court

not absolute.—No Advocate shall have an absolute right to appear and

conduct cases in the High Court or courts subordinate to the High Court

and the said right shall be subject to the rules laid down herein as modified,

amended and supplemented from time to time in exercise of the power

under section 34 of the Act.

Prohibition against giving a call for strike or boycott of

Judicial Proceedings.—No Advocate individually or jointly with other

Advocates, Group of Advocates or any Association shall give a call for a

strike, abstention from court or boycott of Judicial Proceedings.

Prohibition against requisitioning meeting of Bar

Association/Council.—No Advocate individually or jointly with other

Advocates, Group of Advocates or any Association shall requisition meeting

of Bar Association, Bar Council or any Group of Advocates to consider call

for a strike, abstention from court(s) or boycott of Judicial Proceedings.

‘Committee of Bar’ not to call meeting of the Association/

Council to consider call for strike.—A Bar Association/Bar Council or

‘Committee of Bar’ shall not entertain or act upon any requisition for a

meeting received from one or more members of the Bar Association/Bar

Council to consider call for strike, abstention from court work or boycott of

Judicial Proceedings and shall refrain from calling such a meeting on its

own or on such a requisition.

The Advocates not to go on strike.—Save as otherwise

provided in these rules, no Advocate individually, as part of a group of

Advocates or a member of an Association shall go on strike, abstain from

court work or boycott the Judicial Proceedings whether in pursuance or

otherwise of a call given for strike, abstention from court work or boycott of

Judicial Proceedings.

Abstention from Court work where dignity, integrity and

independence of the Bar and/or Bench are at stake.—The High Court

may ignore protest abstention from work by the Advocates for not more

than one day, in rarest of rare cases, where the dignity, integrity and

independence of the Bar and/or Bench are at stake :

Provided that in case of afforested protest abstention, it will be for the

Chief Justice, if the Advocates propose to absent themselves from High

Court or the subordinate courts and the District Judge, if the Advocates

No. 29-2]

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

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

propose to absent themselves from the District Court or any other Court of

the District, to decide whether or not issue prompting protest abstention

from work by the Advocates involves dignity, integrity or independence

of the Bar and/or Bench :

Provided further that the President of the Bar Association shall consult

Chief Justice of the High Court or the District Judge of the concerned

District before the advocates decide to absent themselves from the court

and decision of Chief Justice or the District Judge as the case may be

shall be final and have to be abided by the Bar Association.

No Advocate refusing to abide by any call for strike, abstention

from court work or boycott of Judicial Proceedings, shall be visited with any

adverse consequences by the Bar Association or the Bar Council and no

threat or coercion of any nature including that of expulsion can be held out

against such advocate.

Penalty

10.

Contravention of Rules 4, 5 & 6.—An advocate or a member

of ‘Committee of Bar’ contravening the provisions laid down in Rules 4, 5

and 6 may be debarred from appearing, pleading and conducting cases in

the High Court and/or Subordinage Courts for a period not less than one

year but not exceeding five years.

11.

An Advocate or a member of ‘Committee of Bar’ contravening

Rule(s) 7 and 9 may be debarred from appearing, pleading and conducting

cases in the High Court and/or Subordinate Courts for a period not less than

2 years but not exceeding seven years.

Procedure

12.

Disciplinary Committee.—The Chief Justice shall constitute

committee/committees of one or more Judges of the High Court to enquire

into and dispose off the complaints alleging contravention of any of the

Rule(s) laid down herein by any Advocate, group of Advocates or member/

members of the ‘Committee of the Bar’.

13.

The complaints alleging contravention of any of the Rule(s) laid

down herein shall be addressed to Chief Justice of the High Court who on

receipt of such a complaint shall assign the same to the Disciplinary

Committee.

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

[No. 29-2

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

14.

The Disciplinary Committee after hearing the Advocate(s) or

member(s) of the ‘Committee of the Bar’ if satisfied that the contravention

alleged in the complaint is substantiated, shall make an order debarring the

erring Advocate(s) or member(s) of the ‘Committee of Bar’ from appearing,

pleading and conducting cases, in the High Court or Subordinate Court(s)

for a period prescribed in Rules 10 and 11, as the case may be.

15.

The Disciplinary Committee shall conclude enquiry and finally

dispose off the complaint within a period of 30 days from the date the

complaint is assigned to the committee.

16.

The Chief Justice shall have power to withdraw the complaint

assigned to Disciplinary Committee and assign it to other Disciplinary

Committee constituted in accordance with Rule 13.

Appeal

17.

(i) Anyone aggrieved of the order passed by the Disciplinary

Committee debarring him from appearing, pleading and

conducting cases in the High Court or/and Subordinate Courts

under Rules 10 and 11, as the case may be, may file an appeal

before High Court within 15 days from the date the order is

made.

(ii) Every such appeal shall be listed for hearing before a Bench of

not less than two Judges.

18.

The Bench after hearing the appellant(s) may set aside or modify

the order of the Disciplirary Committee debarring the appellant(s) from

appearing, pleading and conducting cases in the High Court or/and

Subordinate Court(s), reduce the period for which the appellant is debarred

from appearing, pleading and conducting by Disciplinary Committee.

No. 29-2]

The J&K Govt. Gazette, 23rd Oct., 2019/1st Kart., 1941.

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

––––––

Rules framed under section 3 of the destruction of records

Act, 1977

Published in Government Gazette dated 2nd Phagan, 1992

Rules made by the High Court of Jammu and Kashmir under

section 3 of the Destruction of Records Act and sanctioned by His

Highness the Maharaja Bahadur.

A-General

1. Obsolete records and registers to be destroyed

annually.—All Judicial records and registers which, under these rules,

become liable to destruction, shall be destroyed as soon as the period for

their retention has expired.

2. How to be destroyed and disposed of.—The destruction of

such records and registers shall be carried out under the supervision of

Record Keeper and shall be effected by tearing, care being taken that all

Court fee stamps have been duly cancelled. The paper shall then be sent to

the Superintendent of the nearest Central Jail who will purchase it at its

market value, and return the bill drawn by the office from which the purchase

is made, duly countersigned, for transmission to the Accountant General.

The latter will place the sum to the credit of the Record Office Fund in the

public accounts. If there is no Jail, or if the Jail authorities decline to take the

paper, the orders of the Chief Justice for papers pertaining to the record of

his court and of the District and Sessions Judge in other cases shall be taken

as to its disposal.

B-Records

3. Parts of file.—All Civil and Criminal records shall be arranged

in separate Parts A and B.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOSPITALITY AND PROTOCOL

DEPARTMENT

Notification

Srinagar, the 30th of October, 2019.

SRO-965.––In exercise of the powers conferred by proviso

to Article 309 of the Constitution of India, the Governor is pleased to

direct that the cadre of the Hospitality and Protocol Department

(Resident Commission, New Delhi) (Gazetted Service) for the Union

EXTRAORDINARY

REGD. NO. JK—33

Vol. 132]

Jammu, Wed., the 30th Oct., 2019/8th Kart., 1941. [No. 30-aa

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

JAMMU & KASHMIR GOVERNMENT GAZETTE

No. 30-aa] The J&K Govt. Gazette, 30th Oct., 2019/8th Kart., 1941.

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

–

—

Schedule-I of SRO-965

UNION TERRITORY OF JAMMU AND KASHMIR

Sanctioned strength of posts of Hospitality and Protocol

Department (Gazetted Service) Resident Commission,

New Delhi, for the Union Territory of J&K.

Resident Commission, New Delhi :

Name of the

Number

Pay Scale

Cadre

No.

Post

of Posts

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

1. Principal Resident

182200-224100 (Level-15)

UT of J&K

Commissioner

2. Additional Resident

78800-209200 (Level-12)

UT of J&K

Commissioner

3. Asstt. Resident

56600-179800 (Level-10-A) UT of J&K

Commissioner,

Mumbai

4. Resident

47600-151100 (Level-8)

UT of J&K

Representative

Chandigarh

5. Under Secretary,

47600-151100 (Level-8)

UT of J&K

RC Office,

New Delhi

6. Managers

47600-151100 (Level-8)

UT of J&K

7. Private Secretary

47600-151100 (Level-8)

UT of J&K

8. Protocol Officer

47600-151100 (Level-8)

UT of J&K

(Sd.) MANZOOR AHMAD JAN,

Under Secretary to Government,

Hospitality and Protocol Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOSPITALITY AND PROTOCOL

DEPARTMENT

Notification

Srinagar, the 30th of October, 2019.

SRO-966.––In exercise of the powers conferred by proviso

to Article 309 of the Constitution of India, the Governor is pleased to

direct that the cadre of the Hospitality and Protocol Department

(Resident Commission, New Delhi) (Subordinate/Non-Gazetted Service)

EXTRAORDINARY

REGD. NO. JK—33

Vol. 132]

Jammu, Wed., the 30th Oct., 2019/8th Kart., 1941. [No. 30-ab

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

JAMMU & KASHMIR GOVERNMENT GAZETTE

No. 30-ab] The J&K Govt. Gazette, 30th Oct., 2019/8th Kart., 1941.

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

Schedule-I of SRO-966

UNION TERRITORY OF JAMMU AND KASHMIR

Sanctioned strength of posts of Hospitality and Protocol

Department (Subordinate/Non-Gazetted Service) PRC, New

Delhi, for the Union Territory of J&K.

Principal Resident Commissioner, New Delhi :

Name of the

Number

Pay Scale

Cadre

No.

Post

of Posts

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

Section Officer

44900-142400 (Level-7)

UT of J&K

Assistant Manager

35900-113500 (Level-6E)

UT of J&K

Assistant Accounts

44900-142400 (Level-7)

UT of J&K

Officer

Junior Stenographer

35400-112400 (Level-6)

UT of J&K

Head Assistant

35600-112800 (Level-6B)

UT of J&K

Store Keeper

35400-112400 (Level-6)

UT of J&K

Account Assistant

29200-92300 (Level-5)

UT of J&K

Senior Assistant

29200-92300 (Level-5)

UT of J&K

Bill Clerk

25500-81100 (Level-4)

UT of J&K

10.

Assistant Store

25500-81100 (Level-4)

UT of J&K

Keeper

11.

Accountant

35600-112800 (Level-6B)

UT of J&K

12.

Junior Assistant

25500-81100 (Level-4)

UT of J&K

13.

SG RTO

35400-112400 (Level-6)

UT of J&K

The J&K Govt. Gazette, 30th Oct., 2019/8th Kart., 1941 [No. 30-ab

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

14.

Telephone Operator

25500-81100 (Level-4)

UT of J&K

15.

Carpenter-cum-Polisher 2

25500-81100 (Level-4)

UT of J&K

16.

Electric Supervisor

25500-81100 (Level-4)

UT of J&K

17.

Chauffeur

35600-112800 (Level-6)

UT of J&K

18.

Driver Gr.-I

25500-81100 (Level-4)

UT of J&K

19.

Driver Gr.-II

19900-63200 (Level-2)

UT of J&K

20.

Dispatch Rider

25500-81100 (Level-4)

UT of J&K

21.

Scooter Driver

19900-63200 (Level-2)

UT of J&K

22.

Steward

25500-81100 (Level-4)

UT of J&K

23.

Head Cook

25500-81100 (Level-4)

UT of J&K

24.

Waiter

19900-63200 (Level-2)

UT of J&K

25.

Room Bearer

19900-63200 (Level-2)

UT of J&K

26.

Table Boy

19900-63200 (Level-2)

UT of J&K

27.

Electrician

19900-63200 (Level-2)

UT of J&K

28.

Plumber

19900-63200 (Level-2)

UT of J&K

29.

Cook

19900-63200 (Level-2)

UT of J&K

–––––

Total

109

–––––

Class-IV :

30.

Dhobi

19900-63200 (Level-2)

UT of J&K

31.

Washerman

15900-50400 (Level-2)

UT of J&K

32.

Head Mali

15900-50400 (Level-2)

UT of J&K

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

No. 30-ab] The J&K Govt. Gazette, 30th Oct., 2019/8th Kart., 1941.

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

33.

Mali

14800-47100 (Level-1)

UT of J&K

34.

Masalchi

14800-47100 (Level-1)

UT of J&K

35.

Farash

14800-47100 (Level-1)

UT of J&K

36.

Orderly

14800-47100 (Level-1)

UT of J&K

37.

Chowkidar

14800-47100 (Level-1)

UT of J&K

38.

Watch and Ward

14800-47100 (Level-1)

UT of J&K

39.

Sweepers

14800-47100 (Level-1)

UT of J&K

–––––

Total

–––––

Grand Total

188

–––––

(Sd.) MANZOOR AHMAD JAN,

Under Secretary to Government,

Hospitality and Protocol Department.

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

Vol. 132]

Jammu, Thu., the 22nd Aug., 2019/31st Srav., 1941.

[No. 21-1

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

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 Heads of Departments.

—————

GOVERNMENT OF JAMMU AND KASHMIR

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

SRINAGAR/JAMMU

File No. 310/ITLC

D. O. I. : 06-04-2015

D. O. A. : 22-08-2019

————

Smt. Zaina Begum W/o Rashid

Zonal Education

R/o Gundna, Tehsil and District

Versus

Officer,

Doda.

Gundna, Tehsil &

District Doda.

Petitioner

Respondent

————

In the Matter of :—Claim petition with reference to the dispute referred

by the Government of Jammu and Kashmir, under

Industrial Dispute Act, 1947.

————

Petitioner through Counsel Advocate Sheikh Aleem.

————

EXTRAORDINARY

REGD. NO. JK—33

The J&K Govt. Gazette, 22nd Aug., 2019/31st Srav., 1941. [ No. No. 21-1

—————————————————————————————————

Award

The petitioner Mst. Zaina Begum was engaged as cook-cum-

sweeper in the year 2004 and remained in continuous service for nine years

till termination of service in June, 2012.

Whereas, workman raised the dispute against Zonal Education Officer,

Gundna, Doda before conciliation Officer, Assistant Labour Commissioner,

Doda where it was examined by Conciliation Officer, Doda and was found

that the said workman was employed as cook-cum-sweeper for cooking

mid-day meal. The conciliation proceeding failed before Conciliation

Officer and a failure report recommending the case for its reference to the

Industrial Tribunal/Labour Court for adjudication, the Government after

its opinion that an industrial dispute exists between the Zonal Education

Officer, Gundna, Doda and the aforesaid workman Smt. Zaina Begum

consider it desireable to refer the dispute and thus referred the case to

Industrial Tribunal under clause C of sub-section (1) of section 10 of

Industrial Dispute Act, 1947 for adjudication on the falling issues :—

(1).

Whether the termination of services of Smt. Zaina Begum by Zonal

Education Officer, Gundna, Doda is legally justified.

(2).

If not, to what relief she is entitled to.

Alongwith reference copy of the conciliation proceeding, failure

report is also attached.

After receiving the reference, this court issued the notice to both the

parties. On 23-12-2016, petitioner appeared and on 25-10-2017, respondent

inspite of various notices served upon him chosen to remain absent and

ex parte proceedings were initiated against him and petitioner was directed

to lead evidence in ex parte.

The petition in her claim petition submitted that petitioner was

engaged as cook-cum-sweeper in the year April, 2004 and remained

in continuous service for nine years till termination from the service on

4th of June, 2012 and her last wage was Rs. 150/- P.M. She further submitted

that respondent terminated her service without any notice, and without

any law. Respondent has not given any notice before termination

and without paying one month salary as provided under section 25 F of

No. 21-1] The J&K Govt. Gazette, 22nd Aug., 2019/31st Srav., 1941. 3

—————————————————————————————————

Industrial Dispute Act, 1947. She further stated that respondent terminated

her service without paying retrenchment compensation. That no charge

sheet was given to her nor any enquiry was conducted before termination

from the service nor provided any opportunity of being heard. That

petitioner has been terminated orally by respondent which is against the

principal of natural justice. The petitioner finally prayed that her termination

from the service is bad and against the law which be set aside. She further

prayed for reinstatement on her old post post with full back wages Rs.

150/- P.M. with interest and continuity of service along with all benefits.

Also prayed for case expenses of Rs.10,000/- as respondent is responsible

for litigation in this dispute.

Petitioner produced Gulfam Ahmed and produced her self as witness

in ex parte.

A brief resume of the petitioner evidence is as under :—

Mst. Zaina Begum in the shape of affidavit that she was engaged as

cook-cum-sweeper in the year April, 2004 in Government Middle School

Renote, Education Zone, Gunda, District Doda and remained in continuous

employment for 9 years. The respondent terminated her from service on

04-06-2012, She was getting Rs. 150/- P.M. Her service record was neat

and clean and there was no misconduct against her. The respondent did not

give any notice of termination under section 25F of (ID) Act, 1947. That

she has been terminated from the service without complying the provision

of law and no retrenchment compensation has been paid at the time of

termination from the service. She be reinstated with full back wages and

allied benefits under law and expenses of litigation be paid from respondent.

P.W. Gulfam Ahmed deposed that he knows Mst. Zaina Begum who

worked in Government Middle School, Rehnote, Education Zone, Gundna

in Doda District, the post of cook-cum-sweepr she remained in employment

in school for 9 years continuously. No notice has been given to her before

termination from service. She was getting Rs. 150/- P.M.

I have heard the petitioner through AR in ex parte and have gone

through the evidence oral and documentary on record carefully.

This court has to return findings within described limit of the term of

reference indentified by the competent authority appointed by Government

In the reference this tribunal has to find out legality on otherwise action of

The J&K Govt. Gazette, 22nd Aug., 2019/31st Srav., 1941. [ No. No. 21-1

—————————————————————————————————

respondent, while terminating the service of petitioner is valid or not. In

case the action taken by respondent in terminating the service of Petitioner

is proved illegal then it is to be seen as what appropriate relief can be

granted to petitioner on account of such illegal action.

In the claim petition, the petitioner averred that she was engaged as

cook-cum-sweeper in the year April, 2004 and remained in the continuous,

service for nine year, till termination from the service on 4th of July, 2012

and her monthly wages were Rs. 150/- P.M. That respondent without any

reason has terminated her from service without following the due process

of law. As no notice prior to termination of service was served upon her,

not any retrenchment compensation was paid to her, which is the violation

of section 25F of the Industrial Dispute Act, 1947. She further submitted

that respondent terminated the service of petitioner workman in violation

of principles of natural justice.

The witness examined by the petitioner has corroborated the claim

of the petitioner. While stating that he is knowing the petitioner, Mst. Zaina

Begum who worked in the Middle School, Rehnote, Education Zone,

Gundna, District Doda on the post of cook-cum-sweeper. She remained

there in the employment for 9 years. She was getting Rs. 150/- P.M.

Similarly Mst. Zaina Begum, petitioner also fully corroborated her

claim petitioner when she was examined as witness.

It also reflects from the perusal of record that during the reconciliation

proceeding before Conciliation Officer, Doda, respondent filed objection.

Wherein he submitted that during 2011-12 a building comparing three

rooms have been constructed by the depart on the land, which has been

donated by one Sh. Lekh Raj without any compensation either through

any negotiation.

In Chaudhary Charn Singh University V/S Presiding Officer, Industrial

Tribunal 2013 LLR 761, Hon’ble Allahabad High Court held that

respondent workman was employed on daily rate basis in 1994 and was

not working on sanctioned post. In the event, the workman had worked for

more than 240 days in a calendar year and his services were terminated

arbitrarily without complying with the provision of section 6 N of Industrial

Dispute Act. The reinstatement could not be ordered as a matter of right.

At the best, compensation can be granted.

No. 21-1] The J&K Govt. Gazette, 22nd Aug., 2019/31st Srav., 1941. 5

—————————————————————————————————

Again in M/s Floor Tex Collection V/s Vikram Thapa 2010 LLR 899,

it has been held by Delhi High Court that if there is loss of confidence by

management upon the workman, awarding lump sum compensation in

lieu of reinstatement is appropriate.

In University of Rajasthan V/s Trilok Sing 2017 (152)FLR 1104

(Raj H.C.), it was held that respondent was never appointed in accordance

with law nor there was even an appointment letter given to respondent as

such to meet the ends of Justice University is directed to pay respondent

workman lump sum compensation of Rs. 3 Lacs failing which will carry

interest at Bank rate till date of payment.

In an other recent case captioned as Ram Prasad V/s Presiding Officer,

Industrial Tribunal-Cum-Labour Court, Hisar, CWP No. 19761/2013 Punjab

and Haryana dated 14th November, 2018, Hon’ble High Court of Punjab

and Haryana High Court set aside the order of Labour Court wherein

Labour Court held the termination of service of workman bad due to non

compliance of section 25 F of Industrial Dispute Act, 1947 but denied the

reinstatement and back wages and instead awarded a lump sum

compensation of Rs. 1,20,000/- holding that workman appointed to the

post of cook helper dehors the rules as no application was called from the

general public for the Post, the workman challenged the award in writ

petition. The Hon’ble High Court observed that as per law settled on this

point of termination order is rendered void ab initio for non compliance of

section 25F of Industrial Dispute Act, 1947, the workman is entitled to

reinstatement with continuity of service and back wages. Hence award

suffers from error which is fundamental in nature due to inadequacy of

reason in the award in matter of moulding relief and finally held that

workman entitled to reinstatement with compensation of Rs. 3 Lacs. This

amount is in nature of solatium damages, cost, compensation or reparation

of the wrong done by department of Government. The Government may

recover this amount from responsible officials in the department for

disregarding the mandatory procedure.

Thus in view of above said discussion and the law cited, this tribunal

is of the opinion that petitioner has been terminated illegally and in violation

of provision of section 25F of Industrial Dispute Act, 1947.

The J&K Govt. Gazette, 22nd Aug., 2019/31st Srav., 1941. [ No. No. 21-1

—————————————————————————————————

Accordingly, in view of the facts and circumstances of the present

case reinstatement would not be appropriate, however respondent is directed

to pay a lump sum compensation of Rs. 2 Lacs to the petitioner within a

period of two months failing which it will carry an interest at the Bank rate

till date of payment.

Accordingly an award is passed in favour of the petitioner and against

the respondent Management. Copy of the award be sent to the Government

of J&K through its Commissioner/Secretary, Labour Department for

information and publication in the Government Gazette. File shall be

consigned to record after its due completion.

Announced :

Dated : 22-08-2019

(Sd.)

MOHAMMAD ALI KHAN,

District and Sessions Judge

(Presiding Officer),

Industrial Tribunal/Labour Court,

J&K Srinagar/Jammu.

————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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Vol. 132]

Jammu, Fri., the 27th Sept., 2019/5th Asv., 1941. [No. 26-12

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

separate compilation.

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PART III

Laws, Regulations and Rules passed thereunder.

———–

KULGAM MUNICIPAL COMMITTEE

SOLID WASTE MANAGEMENT BYE-LAWS, 2019.

Notification

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 Rules, 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 Kulgam Municipal Committee Solid Waste Management

Bye-Laws, 2019.

(2) They shall come into force on the date of their publication in the

J&K Government Gazette.

Extent of Application.—These bye-laws shall be applicable

within the territorial limits of Municipal Committee, Kulgam including

domestic, institutional, commercial and any other residential Solid Waste

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

Management, situated in Municipal Committee, Kulgam and to the public

who throw the Solid Waste into storm water drainage, underground

sewerage system, water bodies through Directorate of Urban Local Bodies,

Kashmir/Jammu.

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

requires,—

(1)

“Agency” means Municipal Committee, Kulgam ;

(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 ;

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The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

(9)

‘‘Bulk Waste Generator’’ means bulk waste generator

defined under Rule 3(1)(8) of the Solid Waste Management

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 their jurisdiction ;

(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

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

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 Municipal Committee,

Kulgam, 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 Municipal Committee, Kulgam 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 Municipal Committee, Kulgam or any other

person appointed, authorised or licensed by Municipal

Municipal Committee, Kulgam for taking delivery of such

waste or depositing it in any vehicle provided by Municipal

Committee, Kulgam 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

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The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

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

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 areas ;

(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 ;

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(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 ;

(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 ;

No. 26-12]

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

(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 ;

(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

Municipal Committees, Kulgam ;

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(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

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 Municipal Committee, Kulgam in the

district ;

(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 their life or injurious to health or

property ;

(50)

‘‘Nuisance Detectors’’ (NOs) means those employees of

the Municipal Committee, Kulgam 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 local body and any other entity of agency

appointed by the Municipal Committee, Kulgam ;

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(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 ;

(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 Municipal Committee,

Kulgam ;

(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 ;

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(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 ;

(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 ;

No. 26-12]

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

(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 ;

(71)

‘‘Sanitary worker’’ means a person employed by the

Municipal Committee, Kulgam for collecting or removing

MSW or cleaning the drains in the Municipal Committee,

Kulgam 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. ;

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(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 ;

(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

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The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

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 ;

(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

Municipal Committee, Kulgam 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 ;

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(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

Municipal Committee, Kulgam ;

(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 ;

No. 26-12]

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

(c)

domestic hazardous waste; and deposit it into covered waste

bins, and handover segregated waste to designated waste

collectors as per the direction of Municipal Committee,

Kulgam, 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

Municipal Committee, Kulgam 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.

(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 Municipal Committee, Kulgam.

(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 Municipal Committee, Kulgam.

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

(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 Municipal Committee, Kulgam.

(7) No person shall organize an event or gathering of more than

one hundred persons at any unlicensed place without intimating Municipal

Committee, Kulgam 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 Municipal Committee, Kulgam.

(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.

(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 Municipal Committee, Kulgam.

(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 Municipal Committee,

Kulgam 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 Municipal Committee, Kulgam 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.

No. 26-12]

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

(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 Municipal Committee, Kulgam 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.

CHAPTER III

SOLID WASTE COLLECTION

5. 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 Municipal Committee, Kulgam (Through Municipal

Committee, Kulgam), 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 Municipal Committee, Kulgam 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 Municipal Committee, Kulgam . 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

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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 Municipal

Committee, Kulgam.

(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.

(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 Municipal Committee,

Kulgam. 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.

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(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 Municipal Committee, Kulgam or by the

notified authorised waste collector. These plans in tabular as well as GIS

map form, duly approved by Municipal Committee, Kulgam shall mention

starting point, start time, waiting points, waiting time on route, end point

and end time of the specified route. Municipal Committee, Kulgam 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 Municipal Committee, Kulgam 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.

(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 Municipal Committee, Kulgam.

(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.

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(16) Municipal Committee, Kulgam 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 Municipal Committee, Kulgam 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 ;

(3) Different containers shall be used in the areas demarcated by

Municipal Committee, Kulgam to keep segregated waste in the following

manner :—

(a)

green- for biodegradable waste ;

(b)

blue - for non-biodegradable ;

(c)

black - for domestic hazardous waste ;

Municipal Committee, Kulgam 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.

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(4)

Municipal Committee, Kulgam 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 Municipal Committee, Kulgam 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.

(9)

Municipal Committee, Kulgam 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)

Municipal Committee, Kulgam 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

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

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 Municipal

Committee, Kulgam 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

set in each ward in a manner as per guidelines prescribed

and notify the timing of receiving of such waste.

(b)

Municipal Committee, Kulgam 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

7. Transportation of solid waste.—(I) Vehicles used for

transportation of waste shall be covered in such manner that the collected

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waste is not exposed to open environment. The vehicles may also include

compactors and mobile transfer stations depending upon choice of

technology by Municipal Committee, Kulgam.

(2) The storage facilities set up by Municipal Committee, Kulgam

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) Municipal Committee, Kulgam shall make arrangements for

transportation of inerts in a proper manner. The street sweeping waste

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

Municipal Committee, Kulgam to unload the waste.

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(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 Municipal

Committee, Kulgam .

(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.

(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) Municipal Committee, Kulgam or its specified agency shall

install CCTV cameras at all secondary storage facilities.

CHAPTER VI

PROCESSING OF SOLID WASTE

8. Processing of solid waste.—(1) Municipal Committee, Kulgam

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

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The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

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) Municipal Committee, Kulgam 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.

(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) Municipal Committee, Kulgam 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) Municipal

Committee, Kulgam 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

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

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,

ULB’s are empowered to seal such erring bulk waste generating business

establishments.

(3) Municipal Committee, Kulgam shall enforce that markets dealing

with vegetables, fruits, flowers, meat, poultry and fish waste while

processing bio-degradable waste ensure hygienic conditions.

(4) Municipal Committee, Kulgam shall enforce processing of

horticulture, parks and garden waste separately in the parks and gardens

by the generators.

(5) Municipal Committee, Kulgam 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.

CHAPTER VII

DISPOSAL OF SOLID WASTE

10. Disposal of Solid waste.—Municipal Committee, Kulgam 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.

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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 Municipal

Committee, Kulgam. The rates of user fee are specified in

Schedule-I.

(2) The user fee so fixed shall be collected from waste generators

by Municipal Committee, Kulgam.

(3) Municipal Committee, Kulgam 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) Municipal Committee, Kulgam 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

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

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

revenue as per the provision of Land Revenue Act, 1996. However,

Municipal Committee, Kulgam shall be allowed to effect the recovery

under the provisions of Jammu and Kashmir Municipal 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 Commissioner/Executive Officer 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.

(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 units from

the Municipal Committee, Kulgam.

(7) Fine shall be imposed on the hospitals and allied concerns if

they are found mixing bio-medical wastes with municipal solid waste.

(8) Charges for the material recovery by rag pickers or waste

dealers to be decided by the Municipal Committee, Kulgam.

(9) 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 concerned Municipal Committee,

Kulgam.

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(10) The cement manufacturing units shall be responsible to lift the

RDF from municipal dumping sites and their license renewals be linked

with Municipal Committee, Kulgam NOC’s.

(11) Tippers ferrying building material and causing avoidable waste

on the streets shall be liable for fine to be decided by the local body 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

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.

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(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 Municipal Committee, Kulgam 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

Municipal Committee, Kulgam, 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

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 Municipal Committee,

Kulgam for the cleaning, collection and transport of waste generated as

a result of that event, they must apply to the concerned Executive Officer

of the Municipal Committee, Kulgam 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 Municipal Committee, Kulgam in the following

manner :—

(a)

The Municipal Committee, Kulgam may serve a notice on

the owner/occupier of any premises, requiring such owner/

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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 Municipal

Committee, Kulgam 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 Municipal Committee, Kulgam

shall provide necessary financial assistance to Municipal

Committee, Kulgam for establishment of waste management

system. Municipal Committee, Kulgam 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.

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(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 Municipal Committee, Kulgam.—

(1) Municipal Committee, Kulgam 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 Municipal Committee, Kulgam 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, Municipal Committee, Kulgam shall identify all the commercial

areas for carrying out sweeping twice a day.

(2) Municipal Committee, Kulgam 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) Municipal Committee, Kulgam 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.

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(4) The competent authority shall designate sufficient Senior Officer/s,

preferably not below the rank of Additional Deputy Commissioner or

equivalent, 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) Municipal Committee, Kulgam, shall employ latest road/street

cleaning machines, mechanical sweepers or other equipments which

improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Kulgam 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) Municipal Committee, Kulgam 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.

(9) Municipal Committee, Kulgam 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.

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(10) Municipal Committee, Kulgam 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) Municipal Committee, Kulgam 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) Municipal Committee, Kulgam 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 Municipal Committee, Kulgam immediately which

shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : The Executive Officer, Municipal Committee,

Kulgam 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) Municipal Committee, Kulgam 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.

(16) Municipal Committee, Kulgam 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.

No. 26-12]

The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941.

(17) Transparency and Public Accessibility : To ensure greater

transparency and public accessibility, Municipal Committee, Kulgam, shall

provide all necessary information through its website.

(18) Municipal Committee, Kulgam 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.—Municipal

Committee, Kulgam 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

“Municipal Committee, Kulgam Solid Waste Management Bye-Laws, 2019”

shall have the right to appeal before concerned Director/Executive Officer

of Urban Local Bodies, Kashmir/Municipal Committee, Kulgam within 30

days and in case he is not satisfied with the disposal of Director/

Executive Officer concerned, the second appellate authority shall be the

Administrative Secretary of Housing and Urban Development Department

whose decision shall be final and binding.

(19) Jurisdiction.—For filing cases against the Bye-Laws, the

Jurisdiction is Kulgam/Anantnag/Srinagar only.

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The J&K Govt. Gazette, 27th Sept., 2019/5th Asv., 1941. [No. 26-12

SCHEDULE-I

USER FEE SOLID WASTE MANAGEMENT

S.No.