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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 17, 23 July 2020

Published 23 July 2020

Gazette no.
17
Identifier
in.gazette.jammuandkashmir.2020-07-23.17
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 23rd July, 2020/1st Srav., 1942. [No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vernacu- lar pages

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 of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... 228-234 95-104 27-28 87-98 29-30 101-104

Printed at the Ranbir Government Press, Jammu.

228 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [ No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 1346 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Saima Rashid D/o Abdul Rashid R/o 299, M. I. G. Colony, (SDA) Colony, Bemina Extn., Sector-I, Srinagar vide Notification No. 821 dated 16-10-2018 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1348 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Taha Khalil S/o Mohammad Khalil Kangoo R/o H. No. 13, Lane-D, Fair Banks Colony, Rawalpora, Srinagar vide Notification No. 1620 dated 20-03-2019 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1350 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Nighat Nelofer D/o Muhammad Munawar No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav ., 1942. 229 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Rather R/o Garoora Bandipora, Umer Colony, Bandipora vide

Notification No. 1367 dated 03-01-2019 has been declared as Absolute/

Final.

By order.

–––––––

Notification

No. 1352 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Ms. Khushboo D/o Ajmal Farooq Naik R/o Atoo,

Tehsil D. H. Poraa, District Kulgam A/P Noor Bagh, Shaheen Mohalla

Noorbagh, Near Community Hall, Srinagar vide Notification No. 1859

dated 15-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1355 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Mr. Shahid Rasool Bhat S/o Gh. Rasool Bhat

R/o Shouch Pal Pora, Tehsil Pattan, District Baramulla vide Notification

No. 875 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1359 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Ms. Neha D/o Vijay Kumar R/o Malothi Village, 230 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [ No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Tehsil Bhaderwah, District Doda vide Notification No. 1616 dated 05-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1362 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Priyanka Gupta D/o Naresh Kumar R/o Majalta, Udhampur vide Notification No. 1906 dated 16-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1363 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Safeer Hussain S/o Sadiq Hussain R/o Ward No. 6, Traith Morh, Bari Brahmina, District Samba A/P Dhyansar Morh, Bari Brahmina, Near National Public School, Jammu vide Notification No. 1642 dated 05-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1365 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Showkat Ahmad Dar S/o Gh. Mohd

Dar R/o Babapora Magam, Budgam vide Notification No. 882 dated

17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav ., 1942. 231 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1370 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Mr. Peer Babar Bilal S/o Peer Habibullah

R/o Hudipora/Wahdatpora, Baramulla vide Notification No. 865 dated

18-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1372 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Mr. Tariq Ahmad Raina S/o Gh. Rasool Raina

R/o Hariganiwon, Kangan, Ganderbal vide Notification No. 1218 dated

19-11-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1374 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Ms. Sabreena Shafi Matoo D/o Mohammad

Shafi Matoo R/o H. No. 78, Bilal Colony, Qamarwai, Srinagar vide

Notification No. 1187 dated 17-11-2018 has been declared as Absolute/

Final.

By order.

–––––––

Notification

No. 1376 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates

Act, 1961 in favour of Mr. Kamal Mahendru S/o B. L. Mahendru 232 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [ No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

R/o 276-A, Bakshi Nagar, Jammu vide Notification No. 1169 dated 15-11-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1378 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Misba Qasim D/o Mohd Qasim Bhat R/o Khanpora, Chinar Colony, Budgam vide Notification No. 851 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1381 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Nibash Hassan Dar S/o Gh. Hassan Dar R/o Chandigam (Lolab), Herpora, Tehsil Sogam, District Kupwara vide Notification No. 575 dated 07-08-2018 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1383 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Hilal Ahmad Bakshi S/o Mohmad Sadiq Bakshi R/o Ranbir Pora, Wantrag, Tehsil Mattan, District Anantnag vide Notification No. 1851 dated 15-03-2018 has been declared as Absolute/ Final.

By order.

–––––––

No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav ., 1942. 233 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1385 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Nuzhat Maqbool D/o Mohd Maqbool Dar R/o Chatterhama, Hazratbal, Dar Mohalla, Srinagar vide Notification No. 1369 dated 03-01-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1386 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Asiya D/o Mohd Shafi Dar R/o Bonamsar, Sonwar, Srinagar vide Notification No. 794 dated 15-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1387 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Aayat Ullah S/o Pervaze Ahmad Pandit R/o Karimabad, Near Jamia Masjid Qadeem, Pulwama vide Notification No. 449 dated 02-07-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1388 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Arunesh Singh S/o Rajinder Singh R/o Ward 234 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [ No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 10, Hiranagar, Kathua vide Notification No. 451 dated 02-07-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1389 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Ujwal Gupta S/o Kamal Gupta R/o 104-C, A/D, Gandhi Nagar, Jammu vide Notification No. 1689 dated 06-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1391 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Farah Qayoom D/o Abdul Qayoom Khan R/o Guzarbal, Chattabal, Srinagar vide Notification No. 824 dated 16-10-2018 has been declared as Absolute/Final.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Additional Registrar.

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 23rd July, 2020/1st Srav., 1942. [ No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 05-Rev (LAJ) of 2020

Dated 19-03-2020.

Whereas, the land specifications whereof are given in "Annexure-A"

to this notification, is required for public purpose viz., for construction of

Access road from NH-44 to T-74 R (North Portal) situated at Village

Chamalwas, Tehsil Banihal and District Ramban ;

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

Construction Northen Railway, Banihal, a notification under section 4 (1)

was issued by Collector, Land Acquisition (ADC), Ramban vide letter No. 457-

67/ACQ/Rly dated 17-07-2018 for land measuring 10 Kanals and 11 Marlas,

situated in Village Chamalwas, Tehsil Banihal and District Ramban ;

96 The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. [No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the Collector, Land Acquisition (ADC), Ramban vide

No. CLA/Rly/Rbn/2019/1079-81 dated 07-11-2019, 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

and 5-A of the Land Acquisition Act ;

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

Ramban vide letter No. referred to above duly endorsed by District Collector

(DC), Ramban vide letter No. DC/LA/Rbn/519 dated 09-12-2020, Divisional

Commissioner, Jammu vide No. 502/4047/Railway/Rbn/20/4345 dated

06-02-2020 and by Financial Commissioner, Revenue vide No. FC-LS/LA-

5095/2019 dated 03-03-2020 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 in "Annexure-A" is required for public purpose viz. for

construction of Access road from NH-44 to T-74 R (North Portal) situated

at Village Chamalwas, Tehsil Banihal and District Ramban .

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

Acquisition Act, Samvat 1990, it is declared that the land measuring

10 Kanals and 11 Marlas situated in Village Chamalwas, Tehsil Banihal and

District Ramban, is required for public purposes viz. for construction of

Access road from NH-44 to T-74 R (North Portal) situated at Village

Chamalwas, Tehsil Banihal and District Ramban. Further, the Collector, Land

Acquisition (ADC), Ramban 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.

Further, in pursuance of section 17 of the Land Acquisition Act, Samvat

1990, it is also ordered that on expiry of fifteen days from the publication of

the notification under section 9 (2) of the said Act, the Collector will take

possession of the aforementioned land in Village Chamalwas, Tehsil Banihal No. 17] The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. 97 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– and District Ramban, required for public purposes, subject to fulfillment of

the conditions prescribed under section 9 (2) and section 17-A of the Land

Acquisition Act and Rule 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for

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

case 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.) PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

______

Annexure "A"

Particulars of the land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Ramban Banihal Chamalwas 1681/1441/1285/28 01–11

1681/1441/1285/28 03–08

1440/1285/28 00–04

1440/1285/28 00–16

1681/1441/1285/28 01–09

1681/1441/1285/28 02–02

1681/1441/1285/28 01–01 ——– Total 10–11 ——–

———

98 The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. [No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 258-Rev (LAJ) of 2019

Dated 25-10-2019.

Whereas, the land specifications whereof are given in below is required

for public purposes viz. for construction of road from Chandimarh to Dograin

situated in Village Dograin, Tehsil Surankote, District Poonch under PMGSY

(PKG No. JK-11-44) ;

Specifications of the land

District Tehsil Village Kh. Nos. Area

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

K. M.

Poonch Surankote Dograin 233 02–16

232 00–13

202 min 00–08

202 min 01–05

–––––

Total 05–02

–––––

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

PMGSY Division, Poonch vide No. EE/PMGSY/P/1643-56 dated 16-10-2008,

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

(SDM), Surankote vide No. SDM/SKT/LA/409 dated 07-09-2019 for

land measuring 05 Kanals and 02 Marlas, situated in Village Dograin,

Tehsil Surankote, District Poonch ;

Whereas, the District Collector (DC), Poonch vide No. DCP/

LA/1076 dated 26-09-2019, 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. 17] The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. 99 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– no objection was received from the land owners/interested persons in the

prescribed time period as required under sections 5 and 5-A of the Land

Acquisition Act ;

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

vide No. referred to above duly endorsed by the Divisional Commissioner, Jammu vide No. 502/3700/PMGSY/Dograin/Poonch/19/2505 dated 15-

10-2019, and by the Financial Commissioner, Revenue vide No. FC-LS/LA- 5051/2019 dated 23-10-2019 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 construction of road

from Chandimarh to Dograin situated in Village Dograin, Tehsil Surankote,

District Poonch under PMGSY (PKG No. JK-11-44).

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring

05 Kanals and 02 Marlas situated in Village Dograin, Tehsil Surankote, District Poonch, particulars whereof are given above is required for

public purpose viz. for construction of road from Chandimarh to Dograin

situated in Village Dograin, Tehsil Surankote, District Poonch under PMGSY

(PKG No. JK-11-44). Further, the Collector, Land Acquisition (SDM), Surankote 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 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.

———

100 The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. [No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Notification No. 229-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A"

to this notification is required for public purpose viz., for construction of

link road from Horna to Wuyeed situated in Village Horna, Tehsil Mughal

Maidan, District Kishtwar by PW (R&B) Department ;

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

(R&B) Department, Jammu vide No. CEJ/DB/6833-36 dated 27-08-2019,

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

(SDM), Chhatroo vide No. SDM/C/LA/17/43-49 dated 03-10-2017

read with de-notification No. SDM/C/LA/19/139-40 dated 26-09-2019

for land measuring 09 Kanals and 10 Marlas, situated in Village Horna,

Tehsil Mughal Maidan, District Kishtwar ;

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

No. SDMC/LA/19-143 dated 28-09-2019, 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 ;

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

Chhatroo vide letter referred to above duly endorsed by the District Collector

(DC), Kishtwar vide No. DCK/LA/2019/580-84 dated 30-09-2029,

Divisional Commissioner, Jammu vide No. 502/3711/PWD/Horna/Ktr/19/2501

dated 15-10-2019 and by the Financial Commissioner, Revenue vide No. FC-

LS/LA-5079/2019 dated 23-10-2019 has been examined and it has been found

that the land owners did not file any objection to the proposed acquisition ;

No. 17] T h e J & K G o v t . G a z e t t e , 23rd July, 2020/2nd Srav., 1942. 101 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Government is satisfied that the land particulars whereof

are given in "Annexure-A" to this notification is required for public purpose

viz. for construction of link road from Horna to Wuyeed situated in Village

Horna, Tehsil Mughal Maidan, District Kishtwar by PW (R&B)

Department.

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

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

09 Kanals and 10 Marlas situated in Village Horna, Tehsil Mughal Maidan,

District Kishtwar, particulars whereof are given in "Annexure-A" to this

notification is required for public purposes viz. for construction of link road

from Horna to Wuyeed situated in Village Horna, Tehsil Mughal Maidan,

District Kishtwar by PW (R&B) Department. Further, the Collector, Land

Acquisition (SDM), Chhatroo is directed under section 7 of the said Act to

take order for acquisition of the said land after giving prescribed notice to the

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

Now, in pursuance of section 17 of the Land Acquisition Act, Samvat

1990, it is ordered that on expiry of fifteen days from the publication of the

notification under section 9 (2) of the said Act, the Collector will take

possession of the aforementioned land in Village Horna, Tehsil Mughal

Maidan, District Kishtwar, required for public purpose, subject to fulfillment

of the conditions prescribed under section 9 (2) and section 17-A of the

Land Acquisition Act and Rule 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for

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

case and apportionment of compensation amongst all the interested persons/

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

making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government,

Revenue Department.

———

102 The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. [No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure "A"

Particulars of the land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Kishtwar Mughalmaidan Horna 177 00–15

178 00–18

180 00–03

181 min 00–18

182 00–09

190 00–18

192 min 00–05

192 min 01–02

193 min 00–03

1157/208 00–07

1295/209 02–12

1297/209 01–00 ——– Total 09–10 ——–

———

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

Notification No. 230-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 approach road for Degree College,

Banihal situated in Village Bankoot, Tehsil Banihal, District Ramban by

Higher Education Department ;

No. 17] The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. 103 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Specification of the land

District Tehsil Village Kh. Nos. Area

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

K. M.

Ramban Banihal Bankoot 812/126 00–04

127 min 00–02

589 min 00–03

——–

Total 00–09

–––––

Whereas, on the basis of an indent placed by Director, Higher

Education Department, J&K, Jammu vide No. DC-He/672/2018

dated 27-09-2018 a notification under section 4(1) was issued by

Collector, Land Acquisition (SDM), Banihal vide No. SDMB/ACQ/

313-22 dated 03-12-2018 for land measuring 09 Marlas, situated in

Village Bankoot, Tehsil Banihal, District Ramban ;

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

No. SDMB/ACQ/376-79 dated 31-12-2018, has reported that the

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

Act was served upon the interested persons for filing objections, if any,

to the proposed acquisition, but no objection was received from the land

owners/interested persons in the prescribed time period as required under

sections 5 & 5-A of the Land Acquisition Act ;

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

Banihal vide number referred to above duly endorsed by Deputy

Commissioner, Ramban vide No. DC/LA/Rbn/335-36 dated 28-09-2019,

Divisional Commissioner, Jammu vide No. 502/3719/ Degree College Banihal/

19/2406 dated 05-10-2019 and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-5034/2019 dated 23-10-2019 has been examined and it has

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

acquisition ;

104 The J&K Govt. Gazette, 23rd July, 2020/2nd Srav., 1942. [No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Government is satisfied that the land particulars whereof

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

road for Degree College, Banihal situated in Village Bankoot, Tehsil Banihal,

District Ramban by Higher Education Department.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring

09 Marlas situated in Village Bankoot, Tehsil Banihal, District Ramban

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

construction of approach road for Degree College, Banihal situated in

Village Bankoot, Tehsil Banihal, District Ramban by Higher Education

Department. Further, the Collector, Land Acquisition (SDM), Banihal is

directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person (s) as required

under the Land Acquisition Act/Rules.

Now, in pursuance of section 17 of the Land Acquisition Act, Samvat

1990, it is ordered that on expiry of fifteen days from the publication of the notification under section 9 (2) of the said Act, the Collector will take possession

of the aforementioned land in Village Bankoot, Tehsil Banihal, District

Ramban, required for public purpose, subject to fulfillment of the conditions

prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for

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

case and apportionment of compensation amongst all the interested persons/

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

making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 23rd July, 2020/1st Srav., 1942. [ No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In pursuance of Government Order No. 20-F of 2020 dated 16-01-2020 issued by the Finance Department under endorsement No. DGAT/PS/DR/21 dated 16-01-2020, we the undersigned hand over/take over the charge of the post of Director, Finance, Higher Education Department today on 24th of January, 2020 (F. N).

(Sd.) MR. MANAV GUPTA,

Financial Advisor, Higher Education Department.

Relieved Officer.

(Sd.) MR. ABDUL MAJID BUTT,

Financial Advisor, Higher Education Department.

Relieving Officer.

————

2 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the forenoon/afternoon of this day respectively made over and received charge of the Office of Additional Special Mobile Magistrate, Udhampur.

Station : Udhampur.

Dated : 31-07-2019.

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

Munsiff, District Judicial Mobile Magistrate, Udhampur.

Relieved Officer.

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

Additional Special Mobile Magistrate, Udhampur.

Relieving Officer.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 133] Jammu, Thu., the 23rd July, 2020/1st Srav., 1942. [ No. 17

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.

———–

OFFICE OF THE DIVISIONAL FOREST OFFICER,

RAJOURI FOREST DIVISION, RAJOURI.

Notification

In pursuance of Govt. Order No. 209-FST of 2019 dated 04-07-2019

and issued under endorsement No. FST/Ser/8/2019 dated 04-07-2019, we

the undersigned, do hereby have handed over and taken over the charge of

Divisional Forest Officer, Rajouri today on 10-07-2019.

We do herreby certify that following cheque books stand handed over

and taken over :—

CAMPA A/c No. CD 16377/SG 118701 to 118705

(Gujjar Mandi Branch) Used

118706 to 118800

Unused 88 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17

Eco Tourism Society (DKG) 100601 to 100605 A/c No. 0259040500016507 Used

100606 to 100700 Unused

(Sd.) SANJAY KUMAR GUPTA,

Relieved Officer.

(Sd.) ZAHID ASIAM,

Relieving Officer.

_______

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION, RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.

Notice No. 01/PSC/EXAM/2019/20 Dated 29-01-2020.

Whereas, the J&K Public Service Commission had invited applications for Assistant Engineer (Accounts) Departmental Examination vide Notification No. PSC/Exam/08/2019 dated 25-01-2019 from eligible candidates. In response 63 applications were received ; and

Whereas, on scrutiny of these application forms, it has been found that the application forms of some candidates were having deficiency ; and

Whereas, two notices dated 20-05-2019 and 24-07-2019 have been issued by the commission advising thsese candicates to submit their requisite deficient documents ; and

Whereas, again the following 24 candidates have failed to submit the

deficient documents till date.

Therefore, in view of above and through the medium of this final notice, the following 24 candidates are directed to submit their deficient documents to this Commission within 15 days of publication of this notice, otherwise, the candidature will be cancelled of failing candidates, without any further notice :—

S. Form No. Name of the Parentage Deficiency No. Candidate

—————————————————————————————————————————

1 2 3 4 5

—————————————————————————————————————————

19040800600002 Mushahid Hussain Ajaz Hussain Hard Copy of

Mir Mir Application Form/Fee Receipt along with the eligibility certificate from the Competent Authority.

2 19040800600003 Zahoor Ahmad Ghulam Mohidin do.

Paray Paray

3 19040800600010 Raashid Ayoub Mohd Ayoub Ganie do.

4 19040800600012 Zubair Iqbal Mohd Iqbal do.

Shiekh Shiekh

No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. 89

S. Form No. Name of the Parentage Deficiency

No. Candidate

—————————————————————————————————————————

1 2 3 4 5

————————————————————————————————————————— 5 19040800600019 Vishal Kuntal Krishan Lal Hard Copy of

Application Form/Fee Receipt along with the eligibility certificate from the Competent Authority.

6 19040800600020 Irfan Latief Abdul Latief Khan do.

7 19040800600021 Javaid Ahmad Shamus-ul-Din do.

Kassana Kassana

8 19040800600025 Varun Kishore Koshal Kishore do.

Sharma Sharma

9  19040800600030      Muiz  Bashir  Shah     Bashir Ahmad  Wani do.
10 19040800600032      Arfaat  Bashir         Bashir Ahmad  Wani do.
11 19040800600035      Dar Sarvat Gull        Gulam  Mohammad    do.
                                              Dar
12 19040800600037      Mohammad  Iqbal        Gh. Nabi Raina     do.
                       Raina
13 19040800600044      Izhar-ul-Haque         Mohammad  Ramzan do.
                                              Sofi
14 19040800600046      Shivam  Sharma         Ashok  Kumar       do.
                                              Sharma
15 19040800600047      Amir Gulam Lone        Gh.  Mohd  Lone    do.
16 19040800600050      Javaid Ahmad  Bhat     Ali  Mohammad      do.
                                              Bhat
17 19040800600051      Manzoor  Ahmad  Mir    Ghulam    Mohammad do.
                                              Mir
18 19040800600053      Bashir  Ahmad  Kambay Habib  Ullah  Kambay do.
19 19040800600055      Mujeeb-ul-Rehman       Abdul  Rehman  Shora do.
20 19040800600056      Lubna  Bashir          Bashir Ahmad  Najar do.
21 19040800600058      Mohammad  Sajid  Mir   Ghulam  Mohammad do.
                                              Mir
22 19040800600059      Omer  Bin  Mohammad    Ghulam  Mohammad do.
                                              War
23 19040800600060      Rameez Raja  Malik     Mohammad  Farooq   do.
                                              Malik
24 19040800600063      Tilak Raj Rajwal       Sh .Thurey Ram     do.

(Sd.) VINAY SAMOTRA, KAS,

Deputy Controller of Examinations, J&K Public Service Commission.

_______ 90 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION/ASSISTANT

COMMISSIONER, REVENUE, KATHUA.

Subject :—Notice to interested persons under sections 9 and 9A of the

J&K State Land Acquisition Act, Samvat 1990, pertaining to

the land measuring 21 Kanals 08 Marlas, situated at Village

Dilwan, (Hamlet Dhol 13 Kanals 15 Marlas) and (Hamlet Hadail

07 Kanals 13 Marlas), Tehsil and District Kathua.

————

Whereas, the subject land was notified under section 4(1) of the J&K

State Land Acquisition Act, Samvat 1990, by the Collector, Land

Acquisition/Assistant Commissioner, Revenue, Kathua vide Notification

No. 01 of 2017 under endorsement No. DCK/LHS/2017-18/311-21 dated

07-10-2017, required for the public purpose viz. Defence namely

construction of approach road to Ammunition Point Khrote via hamlets

Hadail and Dhol, situated at Village Dilwan, Tehsil and District Kathua by

Defence ;

Whereas, the Notification No. 60–Rev(LAJ) of 2019 dated

05-04-2019, under sections 6 & 7 of the said Act has been issued by the

Revenue Department, J&K Government under his office endorsement

No. Rev/LAJ/55/2019 dated 05-04-2019.

Now, therefore, notices under sections 9 & 9-A of the J&K State

Land Acquisition Act, Samvat 1990 are hereby given to all the land owners/

persons interested, shown in the sub-joined table to appear before the

undersigned personally or by their authorized agents within a period of 15

days from the date of issuance of this notification for submission of their

objections, to state the nature of their respective interests in the land and

the amount, particulars of their claims to compensation for such interests

and also putforth their objections, if any, with regard to measurement of

the land conducted by the field staff of the Revenue Department.

No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. 91

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94 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17

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No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. 95

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96 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17

Notice

I, Manoj Kumar S/o Krishan Lal R/o H. No. 43, Lakkar Mandi,

Janipur, Jammu state that due to my mistake my name has wrongly been

written as Manoj instead of Manoj Kumar in 10th Class Mark Sheet

and Diploma under Roll No. 2174912 Session 2004. Now, I am applying

for corrections according to Aadhar Card and PAN Card bearing

No. 696989431807 and BFIPK3184F. Objection, if any, may be conveyed

to CBSE, Panchkula within seven days.

—————

Notice

I, Neha Kumari D/o Krishan Lal R/o H. No. 43, Lakkar Mandi, Janipur,

Jammu state that due to my mistake my name has wrongly been written as

Neha instead of Neha Kumari in 10th Class Mark Sheet and Diploma

under Roll No. 2192582 Session 2008. Now, I am applying for corrections

according to Aadhar Card and PAN Card bearing No. 479853832488 and

DQPPK5591C. Objection, if any, may be conveyed to CBSE, Panchkula

within seven days.

—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE DEPUTY CUSTODIAN, EVACUEES

PROPERTY, DISTRICT RAJOURI.

Notification

In the pursuance of Section 6 read with section 9A of the Jammu and

Kashmir State Evacuees (Administration of Property) Act VI of 2006, the

Custodian is pleased to notify for general information the list of evacuees

properties specified in the schedule annexed hereto, which have vested in

him.

Schedule

—————————————————————————————

S. No. Description Location

—————————————————————————————

1 Illegal construction of shops measuring Village Ghambir

56´x24´ (4 Shops) raised on Evacuee Muglan, Tehsil No. 17] The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. 97

3

1 2 ————————————————————————————— Property land covered under Khasra No. Manjakot, District

No. 485 situated at Village Ghambir Rajouri Khasra

Muglan, Tehsil Manjakot, District No. 485

Rajouri unauthorisedly raised by

Javaid Iqbal, Shahid Iqbal etc.

sons of Mohd Sidiq.

(Sd.) AJAZ AHMED,

Deputy Custodian, Evacuee Property,

District Rajouri.

—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE REGISTRAR, CO-OPERATIVE SOCIETIES,

J&K, JAMMU.

Subject :—Dissolution of the Rural Development Multipurpose

Co-operative Ltd., Jammu-Appointment of Liquidator thereof.

—————

Order No. 20–RCS/SS of 2020

Dated 05-02-2020.

In exercise of powers vested in me under sub-section 8 of section 52

of the J&K Self-Reliant Co-operatives (Amendment) Act, 2018, I, Asif

Hamid Khan, Registrar, Co-operative Societies, J&K, hereby dissolve

the Rural Development Multipurpose Co-operative Ltd. Jammu registered

under Certificate of Registration bearing No. RCS/J&K/2095-Credit dated

11-12-2013 under the J&K Self-Reliant Co-operative Act, 1999 with

immediate effect and strike off from the register of Co-operatives the name

of the said Co-operative.

98 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17

Consequent upon the above, Smt. Sonali Arun Gupta (KAS), Joint

Registrar, Co-operative Societies (Special), Jammu. is appointed as

Liquidator in respect of the erstwhile Rural Development Multipurpose

Co-operative Ltd., Jammu for taking action under the enabling provisions

of the Act.

(Sd.) ASIF HAMID KHAN,

Registrar, Co-operative Societies, J&K, Jammu.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 23rd July, 2020/1st Srav., 1942. [No. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C

———

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

Subject :—Cancellation of e-NIT.

———

Notice

Due to non-release of funds required for purchase of equipments, e-NIT Notice No. 26 dated 10-07-2019 floated for supply of DVR Examiner (DME Forensics) is cancelled.

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

Director, Forensic Science Laboratory, J&K, Jammu.

———

30 The J&K Govt. Gazette, 23rd July, 2020/1st Srav., 1942. [No. 17

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

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

Subject :—Cancellation of e-NIT.

———

Notice

Due to non-release of funds required for purchase of equipments, e-NIT Notice No. 27 dated 25-07-2019 floated for supply of Belkasoft Acquisition Tools (Belkasoft) and Belkasoft Evidence Centre (Belkasoft) is cancelled.

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

Director, Forensic Science Laboratory, J&K, Jammu.

–––––—

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

Subject :—Cancellation of e-NIT.

———

Notice

Due to non-release of funds required for purchase of equipments, e-NIT Notice No. 54 dated 08-07-2019 floated for supply of Double Beam U-V Visible Spectrophotometer is cancelled.

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

Director, Forensic Science Laboratory, J&K, Jammu.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 11th March, 2020/21st Phal., 1941. [No. 49-c –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———– GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—TOURISM DEPARTMENT

Notification

Jammu, the 11th March, 2020.

SO-93.—In exercise of the powers conferred by section 4 of the Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970) and in supersession of all previous notifications, the Government hereby reconstitutes the Pahalgam Development Authority with the following composition ; namely :—

1. Hon'ble Lieutenant Governor Chairman

2. Advisor I/c Tourism Department Member

3. Chief Secretary Member The J&K Govt. Gazette, 11th Mar., 2020/21st Phal., 1941. [No. 49-c 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

  4.    Administrative  Secretary,  Finance  Department Member
  5.    Administrative Secretary,  Planning,
        Development  and  Monitoring  Department      Member
  6.    Administrative  Secretary,  Tourism  Department Member
  7.    Director, Tourism, Kashmir.                   Member
  8.    Deputy  Commissioner, Anantnag                Member
  9.    Chief  Executive  Officer,  Tourism           Member-
        Development  Authority,  Pahalgam             Secretary
 10.    Chief  Town  Planner,  Kashmir                Member
 11.    Superintending  Engineer,  PW
        (R&B)  Department  concerned                  Member
 12.    Divisional  Forest  Officer  (DFO),  concerned Member
––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Representative  of  Wildlife  Department  not  below  the  rank  of  Regional
Wildlife  Warden  (Special  Invitee).                 _

The aforesaid members shall hold office for a period of (02) two

years from the date of issuance of this notification.

By order of the Government of Jammu and Kashmir.

(Sd.) ZUBAIR AHMAD, KAS,

Secretary to the Government.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 13th March, 2020/23rd Phal., 1941. [No. 50-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—TRANSPORT DEPARTMENT

Notification

Jammu, the 13th March, 2020.

S. O.-101.—In exercise of powers conferred by proviso to Article

309 of the Constitution and in partial modification of Notification SRO-

772 dated 25-10-2019, the Lieutenant Governor is pleased to direct that

Schedule-I appended to the said notification shall be substituted by the

Schedule appended to this notification.

By order of the Government of Jammu and Kashmir.

(Sd.) ASGAR HASSAN SAMOON, IAS,

Principal Secretary to Government,

Transport Department.

–––––––

2 The J&K Govt. Gazette, 13th March, 2020/23rd Phal., 1941. [No. 50-b –––––––––––––––––––––––––––––––––––––––––––––—–––––————– Schedule-I to S. O.-101 dated 13-03-2020

S. Name of the No. of Pay band/scale of Cadre

No. post posts the post with grade

pay/level

––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1        2           3                4                  5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
01 Senior  Mechanic    01     35800-113200     District  Cadre,  Leh
02 Chauffeur           08     35700-113100     District  Cadre,  Leh
03 Mechanic            02     35400-112400     District  Cadre,  Leh
04 Senior Assistant    01      29200-92300     District  Cadre,  Leh
05 Electrician         01       25500-81100    District  Cadre,  Leh
06 Storekeeper         01       25500-81100    District  Cadre,  Leh
07 Painter             01       25500-81100    District  Cadre,  Leh
08 Welder              01       25500-81100    District  Cadre,  Leh
09 Blacksmith          01       25500-81100    District  Cadre,  Leh
10 Fitter              01       25500-81100    District  Cadre,  Leh
 11 Driver  Grade-I    13       25500-81100    District  Cadre,  Leh
12 Helper              05      19900-63200     District  Cadre,  Leh
13 Driver  Grade-II    14      19900-63200     District  Cadre,  Leh
14 Cleaner             04      15900-50400     District  Cadre,  Leh
15 Chowkidar           01      14800-47100     District  Cadre,  Leh
                    ––––
       Sub-Total      55
                     ––––
01 Foreman             01     35900-113500     District Cadre, Kargil
02 Senior  Mechanic    01     35800-113200     District Cadre, Kargil
03 Mechanic            01     35400-112400     District Cadre, Kargil

No. 50-b] The J&K Govt. Gazette, 13th March, 2020/23rd Phal., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

 1        2           3                4                 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
04 Junior Assistant    01      25500-81100     District Cadre, Kargil
05 Junior  Mechanic    01      25500-81100     District Cadre, Kargil
06 Painter             01      25500-81100     District Cadre, Kargil
07 Welder              01      25500-81100     District Cadre, Kargil
08 Electrician         01      25500-81100     District Cadre, Kargil
09 Blacksmith          01      25500-81100     District Cadre, Kargil
10 Mechanical          01      25000-81100     District Cadre, Kargil
    Storekeeper
 11 Helper             04      19900-63200     District Cadre, Kargil
12 Watchman            01      14800-47100     District Cadre, Kargil
13 Cleaner             04      14800-47100     District Cadre, Kargil
14 Gatekeeper          01      14800-47100     District Cadre, Kargil
15 Orderly             01      14800-47100     District Cadre, Kargil
16 Chauffeur                  35700-113100     District Cadre, Kargil
17 Driver  Grade-I     19      25500-81100     District Cadre, Kargil
18 Driver  Grade-II            19900-63200     District Cadre, Kargil
                    ––––
         Sub-Total    40
                    ––––
      Grand  Total     95
                    ––––

(Sd.) S. CHAND SINGH, KAS,

Under Secretary to Government,

Transport Department.

.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 8th May., 2020/18th Vai., 1942. [ No. 6-b –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—INDUSTRIES AND COMMERCE

DEPARTMENT, JAMMU.

Notification

Jammu, the 8th of May, 2020.

S. O.-153.—In exercise of the powers conferred by section 15 read

with section 23-C of the Mines and Minerals (Development and Regulation)

Act, 1957, (Central Act No. 67 of 1957), the Government of Union Territory

of Jammu and Kashmir hereby makes the following amendments in Rule 91

of the J&K Minor Mineral Concession, Storage, Transportation of Minerals

and Prevention of Illegal Mining Rules, 2016 :—

After Proviso to Rule 91, the following proviso shall be added,

namely :—

"Provided further that the Government of Union Territory of

Jammu and Kashmir may reserve and grant for Mining lease an 2 The J&K Govt. Gazette, 8th May., 2020/18th Vai., 1942. [No. 6-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

area not exceeding 10 hectares to a Government Company or

Corporation for exploitation of Minor Minerals for the purpose

of providing key construction material to Government

Departments."

By order of the Government of Jammu and Kashmir.

(Sd.) MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to the Government,

Industries and Commerce Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 26th July, 2019/4th Srav., 1941. [No. 17-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— HOME DEPARTMENT

Notification

Srinagar, the 26th July, 2019.

SRO 478.–Whereas, on 27-06-2017 one Mohd. Amin Pir along with three other persons namely Gh. Rasool Lone, Mohd Sultan Gojri and Irshad Ahmad Gojri R/o Gulgam lodged a written report in P/S Kupwara to the effect that their children namely ZeshanulIslam, Ubaid Ahmad Gojri, Wahid Ahmad Gojri and Shahid Amin Pir had gone missing since 26-06-2017. Accordingly a missing report vide DD Report No. 09 dated 27-06-2017 was entered in the diary of P/S Kupwara and search of the missing was 2 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– carried out. During the course of search all the four missing persons were traced out from LOC and were brought to P/S Kupwara. During questioning they revealed that they were motivated/instigated by Shahid Amin Pir and Faizan Mir to cross over to LOC for obtaining illigal Arms/ammunition training for carrying unlawful activities in the valley ; and

2. Whereas, a case FIR No.155/2017 under section 13,18, 18-B ULA (P) Act, 1967 was registered in Police Station, Kupwara and investigation taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared. Statement of witnesses acquainted with the facts and circumstances of the case were recorded under relevent sections of law and placed on record. During investigation, statements of these missing youths were recorded uner section 164-A Cr. PC before the Hon'ble court of law. The statements so recorded would inter alia reveal that in furtherance of criminal conspiracy, accused Shahid Amin Pir S/o Mohd Amin Pir and Mir Faizan S/o Nazir Ahmad Mir R/o Gulgam have instigated/ motivated these boys to cross over to LOC for getting arms training from POK for strengthening of HM outfit. Investigation conducted has prima facie established commission of offences punishable under section 13,18,18-B ULA (P) Act against accused persons namely 1. Shahid Amin Pir S/o Mohd Amin Pir and 2. Mir Faizan Nazir S/o Nazir Ahmad Mir R/o Gulgam, Kupwara who were arrested in the case and released on bail and investigation of case has been concluded as proved against them ; and

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

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, No. 17-f] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 1967, the State Government hereby accords sanction for launching prosecution against the accused person namely Shahid Amin Pir S/o Mohammad Amin Pir and 2. Mir Faizan Nazir S/o Nazir Ahmad Mir R/o Gulgam Kupwara for the commission of offences punishable under sections 13, 18, 18-B of Unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 155/2017 of Police Station, Kupwara.

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government,

Home Department.

4 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– No. 17-f] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 26th July, 2019/4th Srav., 1941. [No. 17-i –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 26th July, 2019.

SRO-481.—Whereas, on 08-05-2017 Police Station, Bomai received a written docket to the effect that Police Naka party of PC, Sopore along with nafri of CRPF 179 Bn was deployed for performing Naka checking at Bomai, Dangerpora crossing. While performing Naka checking 03 persons were found in suspicious condition coming from Dangerpora

to Bomai tried to flee from the spot on seeing Police party. However, The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-i 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– they were apprehended, who on preliminary questioning disclosed their identity as 01. Mohd Rafi Lone S/o Gh. Ahmad Lone R/o Nathipora 02. Mehraj-ud-Din Mir S/o Khazir Mohd Mir R/o Nathipora 03. Sajad

Ahmad Chopan S/o Gh. Rasool Chopan R/o Bomai, Sopore. During their personal search one letter pad of banned outfit HM has been recovered from the possession of Mohd Rafi Lone S/o Gh. Ahmad Lone R/o Nathipora and two letter pads each of banned outfit HM have been recovered from other two accused persons and they could not give any satisfied reply regarding the recovered letter pads ; and

2. Whereas, case FIR No. 40/2018 U/S 10, 13 ULA(P) Act, 1967

was registered and investigation taken up ; and

3. Whereas, during the course of investigation, site plan was prepared and seizure memo of the recovered letter pads was also prepared. Statement of witnesses acquainted with the facts and circumstances of the case were recorded under relevant provisions of law. During the

course of investigation, it came to surface that the above mentioned accused persons are active OGW's of HM outfit and are active in the area of Police District Sopore. The accused persons are also involved in case FIR No. 143/2017 U/S 307 RPC, 7/25 I. A. Act of P/S, Sopore and case FIR No. 47/2017 U/S 307, 312 RPC 7/25 LA Act of P/S, Bomai. Based on the facts and circumstances that enumerated during investigation

prima facie case U/S 10, 13 ULA(P) Act is established against accused 01. Mohd Rafi Lone S/o Gh. Ahmad Lone R/o Nathipora 02. Mehraj-ud- Din Mir S/o Khazir Mohd Mir R/o Nathipora 03. Sajad Ahmad Chopan S/o Gh. Rasool Chopan R/o Bomai, Sopore and investigation of case concluded as proved. All the three accused have been arrested and are presently on judicial remand ; and

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of sanction for launching prosecution against the accused persons ; and No. 17-i] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there

is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accord sanction for launching prosecution against the following accused persons for commission of offences punishable

U/S 10 & 13 of Unlawful Activities (Prevention) Act, 1967, in case FIR No. 40/2018 of Police Station, Bomai, Sopore :—

S. No. Name of Accused U/S

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 01 Mohd Rafi Lone S/o Gh. Ahmad Lone 10 & 13 of UAPA

R/o Nathipora.

02 Mehraj-ud-Din Mir S/o Khazir Mohd 10 & 13 of UAPA

Mir R/o Nathipora

03 Sajad Ahmad Chopan S/o Gh. Rasool 10 & 13 of UAPA

Chopan R/o Bomai, Sopore

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government,

Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 7th Jan., 2020/17th Pausa, 1941. [No. 40-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 260/ITLC Date of Institution : 05-03-2013 Date of Admission : 19-07-2019

_______

Prem Parkash Mengi S/o Versus 1. The Jammu and Kashmir Project Late Sh. Hem Raj Mengi R/o Construction Corporation Ltd. 129, Sector No. 7, Trikuta Through its Managing Director, Nagar, Jammu Panama Chowk, Rail Head

Complex, Jammu.

2. Financial Controller, J&K PCC Ltd., Panama Chowk, Jammu.

(Petitioner)

(Respondents)

––––– The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-2

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

In the Matter of :—Petition under Industrial Tribunal Act for payment of leave salary and arrears of salary.

––––––

AWARD

Petitioner filed the instant petition while raising Industrial Dispute under section 33 (C), sub-section (2) of Industrial Disputes Act, 1947 hereinafter to be referred as the Act.

It is stated by the petitioner workman that he was appointed on 23-01-1967 and served in the department of respondent JKPCC and has retired from the service on superannuation on 31-12-2006 as Accounts Officer and at the time of retirement the salary of the petitioner as per 6th Pay Commission was Rs. 25220/- but has not been paid. The respondent paid cash in lieu of leave salary for 4 months in the year 2006 whereas the petitioner is entitled for 10 months leave salary the balance due to petitioner is Rs.1,85,040/- as well as arrears of salary which is Rs. l,23,015/- for period of 01-01-2006 to 31-12-2006. That the petitioner is entitled to 10 months leave salary as per SRO-124 dated 17-04-1998 issued by Finance Department of J&K Government. That J&K Employees (Conduct) Rules, 1971 has been extended to all employees of Govt. irrespective whether they belong to Govt. Department or Corporation by virtue of SRO-47 dated 05-02-1971. That petitioner served the legal notice to respondent on 07-02-2011 for arrears, whereupon respondent replied on 22-02-2011 but not paid the amount. That number of other employees who have been retired were not given 10 months salary approached the authority under payment of Wages Act and order has been passed in their favour for payment of 10 months leave salary. Lastly prayed for allowing the petitioner along with 18% interest.

Notice to respondent was served. Respondent appeared and filed the objection while controverting the claim of petitioner. Respondent in the objection submitted that JKPCC being a body Corporation Ltd. is governed by its own rules and regulation and is run by its employees permanent as well as temporary has adopted its own rules known as "The JKPCC Service Regulation". That Finance Department, J&K Govt. issued SRO-124 dated 17-04-1998 whereunder only State Govt. employees are entitled for 300 day as cash in lieu of Leave Salary and not the corporation employees. The No. 40-2] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— JKPCC has its own leave rules whereunder only 120 days leave salary is being paid as cash in lieu of leave salary at the time of retirement and admittedly the petitioner has received 120 days cash in lieu of leave salary. Respondent in the objection further submitted that now the rules are amended

in 81st Board meeting and has enhanced the leave encashment to 300 days and the same shall take place from 01-04-2008 however the cases settled after before 01-04-2008 to the dated of issuance of this order dated 10-07-2008 shall not he reopened. The petitioner has retired before 01-04-2008 as such is entitled to only 120 days Leave Salary. Finally prayed for dismissal of the petition.

From the perusal of record it is established that respondent has not disputed that petitioner was an employee of JKPCC. It has also been admitted by respondent that JK Service (Leave) Rules have been made applicable to employees of JKPCC with effect from 01-04-2008 dated 10-07-2008 and prior to 01-04-2008 the employees of JKPCC were entitled to only 120 days leave encashment. In view of clear admission by respondent there is

no scope for further enquiry. As such file came up for arguments. I have heard the arguments.

I have heard the arguments and gone through record carefully.

From the perusal of record it appears that JKPCC has adopted the JK Civil Service Rules, 1979, Civil Service Rules, 1979, Civil Service (Medical

Attendance and Allowance) Rules, 1990 and T. E. Rules vide Order No. 82 dated 10-07-2008. It is imperative to reproduce the order No. 82/2008 passed by the respondent JKPCC, which reads as under :—

"Subject :—Implementation of Jammu and Kashmir Civil Services (Medical

Attendance and Allowance) Rules, 1990 and T. A. Rules.

Reference :—Decision taken by budget/establishment Sub-Committee of

JKPCC Ltd. under the Chairmanship or Commissioner/ Secretary to Govt., Finance Department on 10th of April, 2008, Order No. 82 of 2008 dated 10-07-2008.

––––––

Consequent upon the approval formally conveyed by the Board of Director in its 83rd meeting held on 17-06-2008 under the Chairmanship The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-2

4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

of Hon'ble Minister for R&B (Chairman, JKPCC Ltd.) sanction is

accorded to the implementation of the Jammu and Kashmir Civil

Services (Leave) Rules and T. A. Rules as applicable to the State

Govt. employees shall henceforth apply strictly to the employees of

the corporation. This will, however, take effect from 01-04-2008.

However, cases already settled after 01-04-2008 to the date of issuance

order shall not be reopened.

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

Managing Director,

JKPCC Ltd., Srinagar,

Dated 10-07-2008."

Admittedly petitioner retired before the date fixed i. e. 01-04-2008.

Petitioner as such is entitled to 120 days cash in lieu of Leave Salary as per

the JKPCC Service Regulation.

During the argument in open Court. The counsel for petitioner submitted

that he is withdrawing the claim for 300 days leave salary but the amount of

arrears for l20 days which accrued to him (the petitioner) as per 6th Pay

Commission is still pending be given to him along with interest.

On this Ld. Counsel for respondent conceded to pay the actual amount

i. e. the difference between the leave salary received on old rates and as

fixed under 6th Pay Commission without the interest.

In a recent judgment in case captioned JKPCC Ltd., Rail Head

Complex, Panama Chowk, Jammu through its Managing Director V/s. Janak

Raj Gupta LPA S. W. No. D-85/2015 decided on 23-08-2017. Hon'ble

Division Bench of J&K High Court held—

"12. In view of the proceeding analysis, the impugned order passed

by the Learned Single Judge cannot be sustained in the eye of law.

However, in view of submissions made by Learned Senior Counsel

for the appellant that the respondent is entitled to interest on delayed

payment of leave encashment for a period of 120 days, we direct the

appellant therein to compute the interest on delayed payment of leave

encashment for a period of 120 days and to pay the same to the No. 40-2] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— respondent w. e. f. the date when it became due to him till the actual payment is made."

In view of above discussion and the law cited this Tribunal is of the opinion that petitioner is not entitled for 300 days cash in lieu of leave salary

and is only entitled to 120 days leave salary. Which he has already received as per old rates. However, the amount of difference under 6th Pay Commission which is still pending, the petitioner is entitled for that along with interest.

Accordingly, the respondent is directed to pay the amount of difference us per 6th Pay Commission along with interest on delayed payment at the

rate of 10% and pay the same to petitioner. Petition disposed off. File shall go to records after due completion.

A copy of the award be sent to the Government of Jammu and Kashmir through its Commissioner/Secretary, Labour Department for information and publication in the Govt. Gazette.

Announced :

19.07.2019.

(Sd.) MOHAMMAD ALI KHAN,

District and Session's Judge (Presiding Officer), Industrial Tribunal/Labour Court, J&K, Srinagar/Jammu.

.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 7th Jan., 2020/17th Pausa, 1941. [No. 40-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 259/ITLC Date of Institution : 05-03-2013 Date of Admission : 19-07-2019

_______

Rattan Kumar S/o Late Sh. Versus 1. The Jammu and Kashmir Project Parma Nand R/o S. No. 41/A, Construction Corporation Ltd.

Small Plot, Gandhi Nagar, Through its Managing Director, Jammu

Panama Chowk, Rail Head Complex, Jammu.

2. Financial Controller, J&K PCC Ltd., Panama Chowk, Jammu.

(Petitioner)

(Respondents)

––––– The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-3

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

In the Matter of :—Petition under Industrial Tribunal Act for payment of leave salary and arrears of salary.

––––––

AWARD

Petitioner filed the instant petition while raising Industrial Dispute under section 33 (C), sub-section (2) of Industrial Disputes Act, 1947 hereinafter to be referred as the Act.

It is stated by the petitioner workman that he was appointed on

09-08-1967 and served in the department of respondent JKPCC and has retired from the service on superannuation on 30-04-2006. That the non- applicants have paid the cash in lien of leave salary for 4 months in the year 2006, whereas the applicant is entitled for 10 months leave salary encashment on the basis of last pay and now balance is due Rs. l,86,800/- as well as the arrears of salary which is Rs. 39,556/- for the period of 01-01-2006 to

30-04-2006. That petitioner served the legal notice to respondent on 07-02-2011 for the payment of leave encashment of Rs. 1,86,800/- being less paid for six months arrears of salary is Rs. 39,556/- for the period of 01-01-2006 to 03-04-2006. That the petitioner is entitled to 10 months leave salary as per SRO-124 dated 17-04-1998 issued by Finance Department of J&K Government. That J&K Employees (Conduct) Rule, 1971 has been

extended to all employees of Govt. irrespective whether they belong to Govt. Department or Corporation by virtue of SRO-47 dated 05-02-1971.

Notice to respondent was served. Respondent appeared and filed the objection while controverting the claim of petitioner. Respondent in the objection submitted that JKPCC being a body Corporation Ltd. is governed by its own rules and regulation and is run by its employees permanent as

well as temporary has adopted its own rules known as "The JKPCC Service Regulation". That Finance Department, J&K Govt. issued SRO-124 dated 17-04-1998 whereunder only State Govt. employees are entitled for 300 days as cash in lieu of Leave Salary and not the corporation employees. The JKPCC has its own leave rules whereunder only 120 days leave salary is being paid as cash in lieu of leave salary at the time of retirement and

admittedly the petitioner has received 120 days cash in lieu of leave salary. Respondent in the objection further submitted that now the rules are amended No. 40-3] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— in 81st Board Meeting and has enhanced the leave encashment to 300 days and the same shall take place from 01-04-2008 however the cases settled after before 01-04-2008 to the dated of issuance of this order dated 10-07- 2008 shall not he reopened. The petitioner has retired before 01-04-2008 as

such is entitled to only 120 days Leave Salary. Finally prayed for dismissal of the petition.

From the perusal of record it is established that respondent has not disputed that petitioner was an employee of JKPCC. It has also been admitted by respondent that JK Service (Leave) Rules have been made applicable to employees of JKPCC with effect from 01-04-2008 dated 10-07-2008 and

prior to 01-04-2008 the employees of JKPCC were entitled to only 120 days leave encashment. In view of clear admission by respondent there is no scope for further enquiry. As such file came up for arguments. I have heard the arguments.

I have heard the arguments and gone through record carefully.

From the perusal of record it appears that JKPCC has adopted the JK

Civil Service Rules, 1979, Civil Service Rules, 1979, Civil Service (Medical Attendance and Allowance) Rules, 1990 and T. E. Rules vide order No. 82 dated 10-07-2008. It is imperative to reproduce the order No. 82/2008 passed by the respondent JKPCC, which reads as under :—

"Subject :—Implementation of Jammu and Kashmir Civil Services (Medical

Attendance and Allowance) Rules, 1990 and T. A. Rules.

Reference :—Decision taken by budget/establishment Sub-Committee of JKPCC Ltd. under the Chairmanship of Commissioner/Secretary to Govt., Finance Department on 10th of April, 2008, Order No. 82 of 2008 dated 10-07-2008.

––––––

Consequent upon the approval formally conveyed by the Board of Director in its 83rd meeting held on 17-06-2008 under the Chairmanship of Hon'ble Minister for R&B (Chairman, JKPCC Ltd.) sanction is accorded to the implementation of the Jammu and Kashmir Civil Services (Leave) Rules and T. A. Rules as applicable to the State Govt. employees shall henceforth apply strictly to the employees of The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-3

4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

the corporation. This will, however, take effect from 01-04-2008. However, cases already settled after 01-04-2008 to the date of issuance order shall not be reopened.

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

Managing Director, JKPCC Ltd., Srinagar, Dated 10-07-2008."

Admittedly petitioner retired before the date fixed i. e. 01-04-2008. Petitioner as such is entitled to 120 days cash in lieu of Leave Salary as per the JKPCC Service Regulation.

During the argument in open Court. The counsel for petitioner submitted that he is withdrawing the claim for 300 days leave salary but the amount of arrears for l20 days which accrued to him (the petitioner) as per 6th Pay Commission is still pending be given to him along with interest.

On this Ld. Counsel for respondent conceded to pay the actual amount i. e. the difference between the leave salary received on old rates and as

fixed under 6th Pay Commission without the interest.

In a recent judgment in case captioned JKPCC Ltd., Rail Head Complex, Panama Chowk, Jammu through its Managing Director V/s Janak Raj Gupta LPA S. W. No. D-85/2015 decided on 23-08-2017. Hon'ble Division Bench of J&K High Court held—

"12. In view of the proceeding analysis, the impugned order passed by the Learned Single Judge cannot be sustained in the eye of law. However, in view of submissions made by Learned Senior Counsel for the appellant that the respondent is entitled to interest on delayed payment of leave encashment for a period of 120 days, we direct the appellant therein to compute the interest on delayed payment of leave

encashment for a period of 120 days and to pay the same to the respondent w. e. f. the date when it became due to him till the actual payment is made."

In view of above discussion and the law cited this Tribunal is of the opinion that petitioner is not entitled for 300 days cash in lieu of leave salary and is only entitled to 120 days leave salary. Which he has already received No. 40-3] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— as per old rates. However, the amount of difference under 6th Pay Commission which is still pending, the petitioner is entitled for that along with interest.

Accordingly, the respondent is directed to pay the amount of difference

as per 6th Pay Commission along with interest on delayed payment at the rate of 10% and pay the same to petitioner. Petition disposed off. File shall go to records after due completion.

A copy of the award be sent to the Government of Jammu and Kashmir through its Commissioner/Secretary, Labour Department for information and publication in the Govt. Gazette.

Announced :

19.07.2019.

(Sd.) MOHAMMAD ALI KHAN,

District and Session's Judge (Presiding Officer), Industrial Tribunal/Labour Court, J&K Srinagar/Jammu.

.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 7th Jan., 2020/17th Pausa, 1941. [No. 40-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 257/ITLC Date of Institution : 05-03-2013 Date of Admission : 19-07-2019

_______

Bhushan Lal S/o Late Sh. Versus 1. The Jammu and Kashmir Project Sivi J. Kher R/o S. No. 357, Construction Corporation Ltd. Lane No. 2, Opp. JCC Bank, Through its Managing Director, Sarwal Chowk, Jammu Panama Chowk, Rail Head

Complex, Jammu.

2. Financial Controller, J&K PCC Ltd., Panama Chowk, Jammu.

(Petitioner)

(Respondents)

––––– The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-4

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

In the Matter of :—Petition under Industrial Tribunal Act for payment of leave salary and arrears of salary.

––––––

AWARD

Petitioner filed the instant petition while raising Industrial Dispute under section 33 (C), sub-section (2) of Industrial Disputes Act, 1947 hereinafter to be referred as the act.

It is stated by the petitioner workman that he was appointed on 26-04-1977 and served in the department of respondent JKPCC and has retired from the service on superannuation on 31-05-2007. That the non- applicant have paid the cash in lien of leave salary for 4 months in the year 2007, whereas the applicant is entitled for 10 months leave salary encashment on the basis of last pay and now balance is due Rs. l,18,068/- as well as the arrears of salary which is Rs.1,18,721/- for the period of 01-01-2006 to 31-05-2007. That petitioner served the legal notice to respondent on 07-02-2011 for the payment of leave encashment of Rs. l,18,068/- being less paid for six months arrears of salary is Rs. l,18,72l/- for the period of 01-01-2006 to 31-05-2007. That the petitioner is entitled to 10 months leave salary as per SRO-124 dated 17-04-1998 issued by Finance Department of J&K Government. That J&K Employees (Conduct) Rules, 1971 has been extended to all employees of Govt. irrespective whether they belong to Govt. Department or Corporation by virtue of SRO-47 dated 05-02-1971.

Notice to respondent was served. Respondent appeared and filed the objection while controverting the claim of petitioner. Respondent in the objection submitted that JKPCC being a body Corporation Ltd. is governed by its own rules and regulation and is run by its employees permanent as well as temporary has adopted its own rules known as "The JKPCC Service Regulation". That Finance Department, J&K Govt. issued SRO-124 dated 17-04-1998 whereunder only State Govt. employees are entitled for 300 days as cash in lieu of Leave Salary and not the corporation employees. The JKPCC has its own leave rules whereunder only 120 days leave salary is being paid as cash in lieu of leave salary at the time of retirement and admittedly the petitioner has received 120 days cash in lieu of leave salary. Respondent in the objection further submitted that now the rules are amended No. 40-4] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— in 81st Board Meeting and has enhanced the leave encashment to 300 days and the same shall take place from 01-04-2008 however the cases settled after before 01-04-2008 to the dated of issuance of this order dated 10-07-2008 shall not he reopened. The petitioner has retired before

01-04-2008 as such is entitled to only 120 days Leave Salary. Finally prayed for dismissal of the petition.

From the perusal of record it is established that respondent has not disputed that petitioner was an employee of JKPCC. It has also been admitted by respondent that JK Service (Leave) Rules have been made applicable to employees of JKPCC with effect from 01-04-2008 dated 10-07-2008 and

prior to 01-04-2008 the employees of JKPCC were entitled to only 120 days leave encashment. In view of clear admission by respondent there is no scope for further enquiry. As such file came up for arguments. I have heard the arguments.

I have heard the arguments and gone through record carefully.

From the perusal of record it appears that JKPCC has adopted the JK

Civil Service Rules, 1979, Civil Service Rules, 1979, Civil Service (Medical Attendance and Allowance) Rules,1990 and T. E. Rules vide Order No. 82 dated 10-07-2008. It is imperative to reproduce the Order No. 82/2008 passed by the respondent JKPCC, which reads as under :—

"Subject :—Implementation of Jammu and Kashmir Civil Services (Medical

Attendance and Allowance) Rules, 1990 and T. A. Rules.

Reference :—Decision taken by budget/establishment Sub-Committee of JKPCC Ltd. under the Chairmanship or Commissioner/ Secretary to Govt., Finance Department on 10th of April, 2008, Order No. 82 of 2008 dated 10-07-2008.

––––––

Consequent upon the approval formally conveyed by the Board of Director in its 83rd meeting held on 17-06-2008 under the Chairmanship

of Hon'ble Minister for R&B (Chairman, JKPCC Ltd.) sanction is

accorded to the implementation of the Jammu and Kashmir Civil

Services (Leave) Rules and T. A. Rules as applicable to the State

Govt. employees shall henceforth apply strictly to the employees of The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-4

4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

the corporation. This will, however, take effect from 01-04-2008.

However, cases already settled after 01-04-2008 to the date of issuance

order shall not be reopened.

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

Managing Director,

JKPCC Ltd., Srinagar,

Dated 10-07-2008."

Admittedly petitioner retired before the date fixed i. e. 01-04-2008.

Petitioner as such is entitled to 120 days cash in lieu of Leave Salary as per

the JKPCC Service Regulation.

During the argument in open Court. The counsel for petitioner submitted

that he is withdrawing the claim for 300 days leave salary but the amount of

arrears for l20 days which accrued to him (the petitioner) as per 6th Pay

Commission is still pending be given to him along with interest.

On this Ld. Counsel for respondent conceded to pay the actual amount

i. e. the difference between the leave salary received on old rates and as

fixed under 6th Pay Commission without the interest.

In a recent judgment in case captioned JKPCC Ltd., Rail Head

Complex, Panama Chowk, Jammu through its Managing Director V/s. Janak

Raj Gupta LPA S. W. No. D-85/2015 decided on 23-08-2017. Hon'ble Division

Bench of J&K High Court held—

"12. In view of the proceeding analysis, the impugned order passed

by the Learned Single Judge cannot be sustained in the eye of law.

However, in view of submissions made by Learned Senior Counsel

for the appellant that the respondent is entitled to interest on delayed

payment of leave encashment for a period of 120 days, we direct the

appellant therein to compute the interest on delayed payment of leave

encashment for a period of 120 days and to pay the same to the

respondent w. e. f. the date when it became due to him till the actual

payment is made."

In view of above discussion and the law cited this Tribunal is of the opinion that petitioner is not entitled for 300 days cash in lieu of leave salary No. 40-4] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— and is only entitled to 120 days leave salary. Which he has already received as per old rates. However, the amount of difference under 6th Pay Commission which is still pending, the petitioner is entitled for that along with interest.

Accordingly, the respondent is directed to pay the amount or difference as per 6th Pay Commission along with interest on delayed payment at the rate of 10% and pay the same to petitioner. Petition disposed off. File shall go to records after due completion.

A copy of the award be sent to the Government of Jammu and Kashmir through its Commissioner/Secretary, Labour Department for information

and publication in the Govt. Gazette.

Announced :

19.07.2019.

(Sd.) MOHAMMAD ALI KHAN,

District and Session's Judge (Presiding Officer), Industrial Tribunal/Labour Court, J&K, Srinagar/Jammu.

.

EXTRAORDINARY REGD. NO. JK—33 THE

JAMMU & KASHMIR GOVERNMENT GAZETTE ––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Wed., the 17th July, 2019/26th Asad., 1941. [No. 15-l ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HEALTH AND MEDICAL EDUCATION

DEPARTMENT

Notification

Srinagar, the 17th July, 2019.

SRO-454.—In exercise of the powers conferred by section 18 of the Jammu and Kashmir Drugs and Magic Remedies (Objectionable Advertisements) Act, 2018 (Governor Act No. VIII of 2018), the Government hereby makes the following rules, namely :—

1. Short title and commencement.—(1) These rules may be called the Jammu and Kashmir Drugs and Magic Remedies (Objectionable Advertisements) Rules, 2019.

2 The J&K Govt. Gazette, 17th July, 2019/26th Asad., 1941. [No. 15-l

(2) They shall come into force on such date as the State Government

may, by notification in the Offiicial Gazette, appoint.

(2) Definitions.— In These rules, unless the context otherwise

requires,–

(a) "Act" means the Jammu and Kashmir Drugs and Magic Remedies (Objectionable Advertisements) Act, 2018 ; and

(b) "section" means a section of the Act.

Words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Act.

3. Scrutiny of Misleading Advertisements Relating to Drugs.— Any person, authorized by the Government in this behaf may, if satisfied, that an advertisements relatung to drug contravenes the provisions of section 4 by order, require the manufacturer, packer, distributor or seller of the drug to furnish,within such time as may be specified in the order or such further time as may be allowed in this behalf by the person so authorized information regarding the composition of the drug or the ingredients thereof or any other information in regard to that drug as he deems necessary for holding the scrutiny of the advertisement and where any such order is made, it shall be the duty of the manufacturer, packer, distributor or seller of the drug to which the advertisement related to comply with the order. Any failure to comply with such order shall, for the purposes of section 7, be deemed to be a contravention of the provisions of section 4 :

Provided that no publisher or advertising agency of any medium for the dissemination of any advertisement relating to a drug shall be deemed to have made any such contravention merely by reason of the dissemination by him or if any such advertisement, unless such publisher or advertising agency has failed to comply with any direction made by the authorized person in this behalf calling upon him or it to furnish the name and address of the manufacturer, packer, distributor, seller or advertising agency, as the case may be, who or which caused such advertisement to be disseminated.

4. Procedure to be followed in prohibiting import and export from state of certain advertisement.—(1) If the Excise Commissioner, No. 15-l] The J&K Govt. Gazette, 17th July, 2019/26th Asad., 1941. 3

has reasons to believe that any consignment contains documents of the nature referred to in section 6, he may and if requested by an officer appointed for the purpose by the Government, shall detain the consignment and dispose it of in accordance with the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 and shall also inform the importer or exporter of the order so passed :

Provided that if the importer or exporter feels aggrieved by an order passed by the Excise Commissioner, under this sub-rule and makes a representation to him within one week of the date of receipt of order and has given an undertaking in writing not to dispose of the consignment without the consent of the Excise Commissioner, and to return the consignment when so required to do by the Excise Commissioner, the Excise Commissioner, shall pass an order making over the consignment to the importer or exporter, as the case may be :

Provided further that before passing any order under this sub-rule or under the first proviso thereto, the Excise Commissioner shall consult the officer appointed for the purpose by Government.

(2) If the importer or exporter who has given an undertaking under the first proviso to sub rule (1) is required by the Excise Commissioner, to return the consignment or any portion thereof he shall return the consignment or portion thereof within ten days of the receipt of the notice.

5. Manner in which advertisements may be sent confidentially.—All documents containing advertisements relating to drugs referred to in clause (C) of section 16, shall be sent by post to a registered medical practitioner by name or to a wholesale or retail chemist, the address of such registered madical practitioner or wholesale or retail chemist being given. Such document shall bear at the top, printed in indelible ink in a conspicuous manner, the words, "For the use only of registered medical practitioners or a hospital or a laboratory".

6. Prohibition of advertisement of drugs for treatment of disease, etc.—Subject to the provisions of these rules, no person, shall also take part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for the diagnosis, cure, mitigation, treatment or prevention of any 4 The J&K Govt. Gazette, 17th July, 2019/26th Asad., 1941. [No. 15-l

disease, disorder or condition or any other disease, disorder or condition which may be specified in the rules made under this Act.

By order of the Government of Jammu and Kashmir.

( S d . ) ATAL DULLOO, IAS,

Financial Commissioner, Health and Medical Education Department.

––––––––

No. 15-l] The J&K Govt. Gazette, 17th July, 2019/26th Asad., 1941. 5

Schedule

(Sec Rul-6)

1. Asthma

2. AIDS

3. Appendicitis

4. Arteriosclerosis

5. Blindness

6. Blood Poisoning

7. Bright disease

8. Cancer

9. Cataract

10. Deafness

11. Diabetes

12. Diseases and disorders of brain

13. Diseases and disorders of uterus

14. Diseases and disorders of Optical System

15. Disorders of menstrual flow

16. Disorders of the nervous system

17. Disorder of the proststatic gland

18. Dropsy

19. Female Disease

20. Epilepsy

21. Female Disease

22. Fevers in general

23. Fits

24. Gall Stones

25. Gangrene

26. Glaucoma

27. Goitre

28. Heart Disease 6 The J&K Govt. Gazette, 17th July, 2019/26th Asad., 1941. [No. 15-l

29. High or low blood pressure

30. Hydrocele

31. Hysteria

32. Infantile Paralysis

33. Insanity

34. Leprosy

35. Leucoderm

36. Locjaw

37. Locomotor

38. Lupus

39. Nervous debility

40. Obesity

41. Paralysis

42. Pleurisy

43. Pneumonia

44. Rheumatism

45. Ruptures

46. Sexual Impotence

47. Small Pox

48. Sterility of women

49. Trachoma

50. Tuberculosis

51. Tumors

52. Typhoid Fever

53. Ulcers of the GIT

54. Veneral disease including sysphilis and gonorrhea.

Sd.) G. N. BHAT, KAS,

Deputy Secretary to Government, Health and Medical Education Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 26th July, 2019/4th Srav., 1941. [No. 17-c –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––– GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 26th July, 2019.

SRO 475.–Whereas, one Ab. Gaffar Bhat S/o Mohammad Subhan

R/o Boni Khan Mohalla, Hajin lodged a written report at Police Station,

Hajin to the effect that at around 1200 hours some unknown terrorists

barged into his residential house and abducted the complainant along with

his son Manzoor Ahmad Bhat. Thereafter the terrorists started beating the

complainant and his son. However, the complainant managed to escape 2 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-c –––––––––––––––––––––––––––––––––––––––––––––—–––—————––

from the clutches of terrorists but the terrorists kidnapped his son and is in

their illegal custody ; and

2. Whereas, a case FIR No. 18/2018 was lodged at Police Station,

Hajin and investigation was taken up ; and

3. Whereas, during the course of investigation, statement of

complainant was recorded under section 161 Cr. PC. and search was

conducted in the jurisdiction of Police Station, Hajin. During search,

decapitated body of the abducted Manzoor Ahmad Bhat was recovered

from nearby orchards. The dead body was identified by the complainant as

his son namely Manzoor Ahmad Bhat S/o Ab. Gaffer R/o Boni Khan, Hajin.

The dead body was taken into possession and after conducting medico/

legal formalities was handed over to his legal heirs for last rites. Site Plan

of place of occurance was prepared. During further course of investigation

Statement of witnesses acquainted with facts and circumstances were

recorded under sections 161, 164-A Cr. PC. Statement of witnesses so

recorded would inter alia reveal that on the fateful night four accused

namely Mohammad Saleem Parray S/o Gh. Mohammad R/o Kani Mohallah,

Hajin and three Foreign terrorists viz. Ali @ Maaz, Rizwan @ Jindal and

Fehdullah @ Abdullah @ Zoong forcibly entered into the house of

complainant and abducted the complainant and his son on gun point.

Investigation further revealed that the complainant managed to escape from

the clutches of the said terrorists after receiving fire arm injuries however,

his son has been killed by the said terrorists. Investigation conducted has

prima facie established commission of offences punishable under section

307, 302, 364, 458 RPC r/w 7/27 A. Act, 16, 18, 20, 38 ULAP Act against

accused namely Mohammad Saleem Parray S/o Gh. Mohammad R/o Kani

Mohallah, Hajin and three Foreign terrorists viz. Ali @ Maaz, Rizwan

@ Jindal and Fehdullah @ Abdullah @ Zoong and investigation concluded

as proved. It is further submitted that during search it revealed that three

accused terrorists viz. Ali @ Maaz, Rizwan @ Jindal and Fehdullah @

Abdullah @ Zoong have been killed in an encounter with security forces

and copy of FIR has been placed on record. The accused Mohammad

Saleem Parray S/o Gh. Mohammad R/o Kani Mohallah, Hajin is an active No. 17-c] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— terrorist and is absconding against whom proceedings under section 512

Cr. PC. have been proposed ; and

4. Whereas, the Authority appointed by the State Government under

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act,

1967, has independently scrutinized the Case Diary file and all the other

relevant documents relating to the case and has come to a definite conclusion

that this is a fit case for accord of prosecution sanction against the said

accused persons ; and

5. Whereas, after perusing the Case Diary, the relevant documents

and also taking into consideration the observations/views of the Authority

appointed under sub-section (2) of section 45 of the Unlawful Activities

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

sufficient material and evidence available against the accused persons for

their prosecution under the aforesaid provision of law.

Now, therefore, in exercise of powers conferred by

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act,

1967, the State Government hereby accords sanction for launching

prosecution against the accused person namely Mohammad Saleem Parray

S/o Gh. Mohammad R/o Kani Mohallah, Hajin for commission of offences

punishable under sections 16, 18, 20 and 38 of Unlawful Activities

(Prevention) Act, 1967 arising out of FIR No. 18/2018 of Police Station,

Hajin.

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sat., the 26th Oct., 2019/4th Kart., 1941. [No. 30-7am –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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––ANIMAL/SHEEP HUSBANDRY AND

FISHERIES DEPARTMENT

Notification

Srinagar, The 26th October, 2019.

SRO-896.—In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Governor is pleased to direct 2 The J&K Govt. Gazette, 26th Oct., 2019/4th Kart., 1941. [No. 30-7am ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

that the cadre of the {Jammu and Kashmir Animal Husbandry

(Subordinate/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.) DR. ASGAR HASSAN SAMOON, IAS,

Principal Secretary to Government, Animal/Sheep Husbandry and Fisheries Department.

––––––––

No. 30-7am] The J&K Govt. Gazette, 26th Oct., 2019/4th Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

Schedule–I to SRO-896 Dated 26-10-2019.

J&K Animal Husbandry Department (Non-Gazetted Services) of

Union Territory of Jammu and Kashmir

S.   Name  of  the     No.  of  posts       Pay  Level      Cadre  (UT/
No.      Post                                                Division/
                      Jammu    Kashmir                        District)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1          2             3       4                5                 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
A. Ministerial Wing :
 1.  Section Office      03      04  Level-7 (44900-142400)      Division
 2.  Sr. Stenographer/   02      03  Level-7 (44900-142400)      Division
     Personal
     Assistant
 3.  Head  Assistant     15      19  Level-6B (35600-112800)     Division
 4.  Librarian           00      01  Level-6B (35600-112800)     Division
 5.  Jr. Stenographer    02      04  Level-6B (35600-112800)     Division
 6.  Sr. Assistant       68      70  Level-5 (29200-92300)       Division
 7.  Jr.  Assistant      18      24  Level-4 (25500-81100)       Division
                         31      44
 8.  Assistant  Accounts 01      01  Level-7 (44900-142400)      District
     Officer (Deputation                                         UT
     Post)
 9.  Statistical Officer 12      13  Level-7 (44900-142400)      Division
     (Deputation  Post)
10.  Accountant          10      08  Level-6B (35600-112800)     Division
     (Deputation  Post)
11.  Statistical  Assistant 13   13  Level-6B (35600-112800)     Division
     (Deputation  Post)
12.  Accounts  Assistant 09      03  Level-5 (29200-92300)       Division
     (Deputation  Post)  00      04                              District

4 The J&K Govt. Gazette, 26th Oct., 2019/4th Kart., 1941. [No. 30-7am –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. Junior Statistical 02 02 Level-5 (29200-92300) Division

Assistant

(Deputation Post)

B. Executive Wing (Technical Wing) :

 1.   Farm Supervisor     00      01   Level-7 (44900-142400)        Division
 2.   Dairy Supervisor    00      02   Level-7 (44900-142400)        Division
 3.   Lab. Technician     00      01   Level-7 (44900-142400)        Division
 4.   Assistant  Vety.    54      80   Level-6E (35900-113500)       Division
      Officers/Eqv.
 5.   Livestock          104     150   Level-6B (35600-112800)       Division
      Supervisor/Eqv.
 6.   Sr. Vety.          475     541   Level-6 (35400-112400)        Division
      Pharmacist/Eqv.
 7.   Dairy Supervisor    03      00   Level-6 (35400-112400)        Division
                          01      00                                 District
 8.   Veterinary          52      43   Level-4 (25500-81100)         Division
      Pharmacist/Eqv.    487     459                                 District
 9.   Store  Keeper       04      00   Level-4 (25500-81100)         District
10.   Egg. Collector      00      03   Level-4 (25500-81100)         Division
      Likewise
11.   Egg. Grader         11      00   Level-2 (19900-63200)         Division
      Likewise            01      00                                 District
12.   Dresser             01      01   Level-2 (19900-63200)         Division

C. Other Technical and Miscellaneous :

1. Refrigerator 03 01 Level-6E (35900-113500) Division

Mechanic No. 30-7am] The J&K Govt. Gazette, 26th Oct., 2019/4th Kart., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1         2                   3                     4                 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2.    Mechanical          00     01      Level-6D (35800-113200)  Division
      Supervisor
3.    Incubator           01     01      Level-6 (35400-112400)   Division
      Mechanic
4.    Carpenter-cum-      01     00      Level-6 (35400-112400)   Division
      Mistry
5.    Carpenter Mistry    01     01      Level-4 (25500-81100)    Division
6.    Projectionist       01     01      Level-4 (25500-81100)    Division
7.    Plant Operator/     00     05      Level-4 (25500-81100)    Division
      Generator Operator
8.    Electrician         02     00      Level-6 (35400-112400)   Division
                          00     03      Level-4 (25500-81100)    Division
9.    Driver              32     27      Level-2 (19900-63200)    Division
                          56     48                               District
10.   Butcher             01     00      Level-4 (25500-81100)    Division
11.   Section Officer     00     01      Level-6E (35900-113500)  Division
      (Mech.)
12.   Boiler Mechanic     00     01      Level-6B (35600-112800)  Division
13.   Grinder Operator    02     02      Level-4 (25500-81100)    Division
14.   Generator Driver    02     04      Level-4 (25500-81100)    Division
                          03     00                               District
15.   Mechanic-Cum-       01     00      Level-4 (25500-81100)    Division
      Mistry
16.   Mechanic            00     01      Level-4 (25500-81100)    Division
17.   Cameraman           01     00      Level-6 (35400-112400)   Division
18.   Operator/Generator 06      02      Level-2 (19900-63200)    Division
      Operator            02     00                               District

6 The J&K Govt. Gazette, 26th Oct., 2019/4th Kart., 1941. [No. 30-7am ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

19.   Pump Operator        0       2     Level-2 (19900-63200)     Division
20.   Fitter               1       2     Level-2 (19900-63200)     Division
21.   Fireman              1       0     Level-2 (19900-63200)     Division
22.   PBX Operator         0       1     Level-2 (19900-63200)     Division
23.   Gestetner Operator   0       1     Level-2 (19900-63200)     Division
24.   Farm Munshi          1       0     Level-2 (19900-63200)     Division
25.   Farm Overseer        1       0     Level-2 (19900-63200)     Division

Total Non-Gazetted 1499 1599

D. Class–IV

1.    Delivery  Man        0       1      SL-2 (15900-50400)        Division
                           0       1      SL-2 (15900-50400)        District
2.    Generator Cleaner    0       1      SL-2 (15900-50400)        Division
3.    Mistri               1       0      SL-2 (15900-50400)        Division
4.    Tanga (Cart) Driver  1       0      SL-2 (15900-50400)        Division
5.    Head Rakha           2       0      SL-2 (15900-50400)        Division
6.    Truck Cleaner/likewise 3     6      SL-2 (15900-50400)        Division
                           1       0      SL-2 (15900-50400)        District
7.    Jamadar              2       1      SL-2 (15900-50400)        Division
8.    Flayer               0       3      SL-2 (15900-50400)        Division
9.    Sweeper              0       4      SL-1 (14800-47100)        Division
10.   Attendant/Orderly/ 205     229      SL-1 (14800-47100)        Division

Messenger/Poultry

Keeper/Lab Boy/

Division

Gardner/Boat 1244 1264 SL-1 (14800-47100)

Man/Duck District

---------------------------------------------

Total Class-IVth 1459 1510

Principal Sectary to Government

Animal / Sheep Husbandry Department EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sun., the 4th August, 2019/13th Srav., 1941. [No. 18-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Power Section)

Notification

Srinagar, the 4th August, 2019.

SRO-495.—In exercise of the powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint the following officers of District Poonch to be the Executive Magistrates of the First Class who shall exercise all the powers of an Executive Magistrate of the First Class within their respective territorial jurisdiction in District Poonch :—

S. No. Name of the Officer Designation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

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

S/Shri

1. Manzoor Hussain General Manager, DIC

2. Mohd Younis Chief Agriculture Officer The J&K Govt. Gazette, 4th August, 2019/13th Srav., 1941. [No. 18-f 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

1 2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––
3.      Vijay  Kumar                Chief  Education  Officer
4.      Rajinder  Kumar             Chief  Horticulture  Officer
5.      Shakeel  Ahmed              District  Social  Welfare  Officer
6.      Rajinder  Sharma            Chief  Horticulture  Officer
7.      Maqbool Naik                Executive  Engineer,  PDD
8.      Rajinder  Kumar             Executive  Engineer,  PHE
9.      Amar  Singh  Katoch         Executive  Engineer,  PW  (R&B)
10.     Satish  Bhagat              Executive  Engineer,  PMGSY
11.     Surinder  Sharma            Executive  Engineer,  REW
12.     Gharu  Ram                  Chief Executive Officer, Municipal
                                    Council
13.     Yougal  Kishore             ARTO,  Poonch
14.     Mohd  Jahangir  Khan        CDPO,  Haveli
15.     Mukhlis Ali                 BDO, Nangali  Sahib
16.     Rashid  Ahmed  Khawaja      BDO,  Poonch
17.     Sabi-ul-Hasan               Lecturer,  HSS,  Sawjian
18.     Mohd  Aslam                 ZEPO,  Mandi
19.     Subash  Chander             BDO,  Mandi
20.     Abdul  Waheed               BDO,  Sathra
21.     Mohd Afzal                  AE,  PWD,  Mandi
22.     Sham  Lal  Sharma           AEE,  PWD,  Mandi
23.     Israr  Ahmed                BDO,  Lassana
24.     Aamir  Chowdhary            BDO,  Surankote
25.     Azhir Amin                  BDO, Buffliaz
26.     Mukhtar  Ahmed  Manhas      Principal, BHSS, Surankote

No. 18-f] The J&K Govt. Gazette, 4th August, 2019/13th Srav., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––
27.     Nissar  Hussain             Forest  Range  Officer,  Surankote
28.     Mohd  Hussain               AEE, PHE (Sub-Division),
                                    Surankote
29.     Imtiaz  Hussain  Shah       Sr.  Lect.,  Physics,  HSS,  Buffliaz
30.     Mohd  Farooq                Horticulture Development Officer,
                                    Buffliaz
31.     Surinder  Kumar  Sharma     Sr.  Lect., Zoology,  BHSS,
                                    Surankote
32.     Dr.  Mazzar  Hussain  Shah  VAS  (AH),  Surankote
33.     Sarfaraz  Ahmed             AEE, PDD (Sub-Division),
                                    Surankote
34.     Mushtaq  Hussain            Executive  Officer,  Municipal
                                    Committee,  Surankote
35.     Changez  Khan               AE,  PWD,  Mendhar
36.     Mohd  Zaheer                AEE,  PMGSY,  Mendhar
37.     Vishal  Sharma              AE,  PDD,  Mendhar
38.     Shakeel  Manhas             TSWO,  Mendhar
39.     Mohd Aziz                   CDPO,  Mendhar
40.     Maddasser  Shah             HDO,  Harni
41.     Lal  Hussain                Deputy  CEO,  Mendhar
42.     Manzoor  Chohan             Lect.,  HSS,  Mankote
43.     Lal  Hussain  Choudhary     ZEO,  Mankote
44.     Ajaz  Qureshi               BDO,  Mankote
45.     Mohd  Qayoom  Khan          Lect.,  HSS,  Harni
46.     Sarfaraz  Ahmed             AEE,  PWD,  Mendhar
47.     Mohd Amin                   Principal, HSS, Dhargloon

The J&K Govt. Gazette, 4th August, 2019/13th Srav., 1941. [No. 18-f 4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

1 2

3

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

48. Saleem Shah Sr. Lect., HSS, Dhargloon

49. Mohd Shafiq Associate Professor, GDC,

Mendhar

50. Mohd Akram Associate Professor, GDC,

Mendhar

By order of the Government of Jammu and Kashmir.

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

Secretary to Government.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sat., the 11th Jan., 2020/21st Pausa, 1941. [No. 41-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 11th of January, 2020.

S.O.-19.––Whereas, on 28-02-2019, Government of India under the provisions of section 3 of Unlawful Activities (Prevention) Act, 1967 declared Jamat-e-Islami (JeI) Organization, J&K as an unlawful association. On 01-03-2019, Police Station, Beerwah received an information through a reliable source that the office of the JeI which is existing within the territorial jurisdiction of Police Station, Beerwah is being used by some members of the said organization to carry out antinational activities through funding and other means, thereby acting prejudiciously to the security of the State and the sovereignty and integrity of India ; and 2 The J&K Govt. Gazette, 11th Jan., 2020/21st Pausa, 1941. [No. 41-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————

2. Whereas, a case FIR No. 24/2019 under sections 10, 13 ULA(P), 1967, has been registered in Police Station, Beerwah and investigation taken up in the case ; and

3. Whereas, during the course of investigation, site plan has been prepared. Statements of the witnesses acquainted with the facts and circumstances of the case has been recorded under sections 161 and 164-A Cr. PC. The office premises of Jammat-e-Islami situated at Beerwah came to be searched in presence of Executive Magistrate 1st Class, Beerwah and incriminatory material was seized and seizure memo was prepared. During investigation, relevant revenue papers from the concerned revenue authorities have been obtained and placed on record. Investigation conducted inter alia reveals that accused namely 1. Gh. Mohammad Parray S/o Gh. Ahmad Parray R/o Such in Bonet (Ameer-e-Jammat)

3. Ali Mohammad Sheikh S/o Gh Nabi Sheikh R/o Razwain (office bearer) are members of the banned Jammat-e-Islami who are indulging in antinational activities and as such are acting prejudicious to the security of the State and the sovereignty and integrity of the Country and accordingly offence under sections 10 and 13 of Unlawful Activities (P) Act, have been substantiated against them and investigation of the case was concluded as proved against accused persons ; and

4. Whereas, the Authority appointed by the Government of Jammu and Kashmir under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently examined the Case Diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case against the accused is made out in the backdrop of the investigation of the case ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government of Jammu and Kashmir is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government of Jammu and Kashmir hereby accords sanction for launching prosecution against the accused persons namely ;

No. 41-f] The J&K Govt. Gazette, 11th Jan., 2020/21st Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 1. Gh. Mohammad Parray S/o Gh. Ahmad Parray R/o Suchin Bonet (Ameer-e-Jammat) and 2. Ali Mohammad Sheikh S/o Gh. Nabi Sheikh R/o Razwain (office bearer of JEI) under sections 10 and 13 Unlawful Activities (Prevention) Act, 1967, in case FIR No. 24/2019 of Police Station, Beerwah of District Budgam.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sat., the 11th Jan., 2020/21st Pausa, 1941. [No. 41-g –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 11th January, 2020.

S.O.-20.––Whereas, on 03-06-2019, Police Station, Pantha Chowk, Srinagar received information through reliable sources that some unknown persons has fired upon one Sameer Ahmad Wani S/o Mohammad Yousuf Wani R/o Khanmoh at Pantha Chowk outside the residence of his relative namely Abdul Ahad Sofi S/o Ghulam Ahmad Sofi R/o Sofi Mohalla, Pantha Chowk. The said injured person was later on declared brought dead at the hospital ; and 2 The J&K Govt. Gazette, 11th Jan., 2020/21st Pausa, 1941. [No. 41-g –––––––––––––––––––––––––––––––––––––––––––––—–––———— —

2. Whereas, a case FIR No. 27/2019 under sections 302 RPC, 7/27 A. Act has been registered in Police Station, Pantha Chowk and investigation of the case was taken up ; and

3. Whereas, during the course of investigation, site plan has been prepared and statements of material witnesses have been recorded under section 164-A Cr. PC which reveals that on 03-6-2019, Sameer Ahmad Wani along with Tassaduq Amin Shah (both affiliated with banned LeT) had come to meet Abdul Wahid Sofi (an OGW) at his residence. During meeting they had arguments on some issue. While the two were leaving

the house of Abdul Wahid Sofi (OGW), Tassaduq fired on Sameer Ahmad by his illegally acquired Pistol due to which he got injured. The said Tassaduq fled away from the spot along with the illegal pistol. It has also surfaced that Sameer Ahmad Wani and Tassaduq Amin Shah were affiliated with terrorist organization LeT and Abdul Wahid Sofi was providing shelter/transportation and logistic support to them and he too

was working as OGW. On this, offences under sections 16, 18 Unlawful Activities (Prevention) Act, have been invoked in the instant case.

4. Whereas, accused Abdul Wahid Sofi S/o Abdul Ahad Sofi R/o Sofi Mohallah, Pantha Chowk, Srinagar was arrested in connection

with the case on 17-09-2019. Call Detail Records (CDR) and Subscriber details of accused person Abdul Wahid and Sameer Ahmad have been obtained and analyzed, it has surfaced that both accused persons were together in the house of the former on the day and date of incident which has been corroborated by the statement of witnesses recorded during the investigation.

5. Whereas, on the basis of evidence, oral and documentary, collected during investigation a prima facie case is established under sections 18, 19 Unlawful Activities (P) Act against accused namely Abdul Wahid Sofi S/o Abdul Ahad Sofi R/o Sofi Mohalla, Pantha Chowk,

Srinagar while the other two accused have died.

6. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently scrutinized the Case Diary file and relevant

documents relating to the case and has come to the conclusion that prima facie case is made out for prosecution against the accused ; and No. 41-g] The J&K Govt. Gazette, 11th Jan., 2020/21st Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 7. Whereas, after perusing the Case Diary, file containing relevant documents and also taking into consideration the views of the authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the accused person for prosecution under the provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the accused person namely Abdul Wahid Sofi S/o Abdul Ahad Sofi R/o Sofi Mohalla, Pantha Chowk, Srinagar for the commission of offences punishable under sections 18, 19 of ULA(P) Act in the case FIR No. 27/2019 Police Station, Pantha Chowk, Srinagar.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sat., the 11th Jan., 2020/21st Pausa, 1941. [No. 41-h –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 11th January, 2020.

S.O-21.––Whereas, on 27-03-2019, Police Station, Saddar came to know that one Roman Rashid S/o Abdul Rashid Sofi R/o Kacharpora Baghat has, in suspicious circumstances, been found lying in injured condition at Rawathpora Bund. Upon this, a report was entered in daily diary and injured person was shifted to Hospital. It was learnt that some unknown persons have fired upon him with criminal intention, causing bullet injuries on his person ; and 2 The J&K Govt. Gazette, 11th Jan., 2020/21st Pausa, 1941. [No. 41-h –––––––––––––––––––––––––––––––––––––––––––––—–––———— —

2. Whereas, a case FIR No. 55/2019 under section 16 ULA(P) 1967, has been registered in Police Station, Saddar, Srinagar and investigation taken up in the case ; and

3. Whereas, during the course of investigation, it was found that injured SPO Roman Rashid S/o Abdul Rashid Sofi R/o Kacharpora Baghat working as driver was fired upon by some unknown persons on 27-03-2019 in the evening who had gone to see one of his relatives residing at Takil Mohalla, Chapora. He was seriously injured and the attackers had fled by taking advantage of darkness. It came to the knowledge of the investigating officer that (1) Asif Iqbal S/o Mohd Iqbal Dar R/o Kokerbagh, Zonimar, Soura, (2) Rashid Lateef Bhat S/o Mohammad Lateef Bhat R/o Baghat and (3) Shahid Hassan Dar S/o Ghulam Hassan Dar R/o Kokerbagh, Zonimar, Soura were involved in this firing incident and they were arrested on 21-07-2019 in connection with case registered in Police Station Saddar. They admitted their involvement in the crime and revealed about arms and ammunition including a hand grenade which came to be recovered at their instance. Separate disclosure memo/seizure memo etc. has been prepared. Statements of witnesses were recorded under section 161 and 164-A Cr. PC. ; and

4. Whereas, during investigation accused Asif Iqbal disclosed that he was given a Pistol (weapon of offence) by one Junaid Ashraf Khan S/o Mohammad Ashraf Khan R/o Jahangir Colony, Baghat, who has been an active terrorist of Hizbul-Mujahidin outfit and after commission of the terror act, the Pistol was returned to him. On the disclosure of accused Asif Iqbal ammunition AK-15 Rounds, Ammunition Pistol 02 Rounds, one Hand Grenade and one black flag was also recovered from Mehjoor Nagar. The accused persons confessed that Junaid Ashraf Khan had assigned that task to them, and during the process they used a Motorcycle, taken away by them from one unknown person. However, FSL examination of the tip (Panda) which was recovered from the thigh of the injured could not be done due to non recovery of the Pistol (Weapon of offence) because accused possessing the weapon is an active absconding terrorist against whom a separate Case FIR No. 42/2018 under sections 13, 18, 20 Unlawful Activities (P) Act stands registered which is under investigation ; and

5. Whereas, on the basis of statements of witnesses, seizure memos and other relevant data, the I/O has established a prima facie case against No. 41-h] The J&K Govt. Gazette, 11th Jan., 2020/21st Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— accused namely (1) Asifiqbal S/o Mohd Iqbal Dar R/o Kokerbagh, Zonimar, Soura under section 18 ULA (P) Act, (2) Rashid Lateef Bhat S/o Mohd Lateef Bhat R/o Baghat, (3) Shahid Hassan Dar S/o Ghulam Hassan Dar R/o Kokerbagh, Zonimar, Soura and (4) Junaid Ashraf Khan S/o Mohd Ashraf Khan R/o Jahangir Colony, Bhaghat under section 16 ULA (P) Act ; and

6. Whereas, the Authority appointed by the Government of Jammu and Kashmir under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents resulting to the case and has come to a conclusion that prima facie case is made out against the accused ; and

7. Whereas, after perusing the Case Diary, the relevant documents

and also taking into consideration the views of the authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the accused person for their prosecution under the law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above named accused person under section 16 of Unlawful Activities (Prevention) Act, 1967.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 28th Jan., 2020/8th Magha, 1941. [No. 43-c –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 28th January, 2020.

S.O.-36.––Whereas, on 30-07-2019, Police Station, Harwan reliably came to know that some anti-national elements have become active in the jurisdiction of Police Station, Harwan and were aiding/supporting the terrorist network in the city ; and

2. Whereas, a case FIR No. 24/2019 under sections 18, 20 ULA (P) Act, 1967, came to be registered in Police Station, Harwan and investigation set into motion ; and 2 The J&K Govt. Gazette, 28th Jan., 2020/8th Magha, 1941. [No. 43-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– 3. Whereas, during investigation one suspect with militancy background namely, Shabir Hussain Ganie was called in Police Station, 02 Cell Phones being used by him were seized from his possession ; and

4. Whereas, the CDR analysis of seized cell phones revealed that accused Shabir Hussain Ganie was in contact with many LeT commanders who were active in the New Theed, Harwan area and had remained a close confidant of active terrorist Khalid R/o Pakistan, accordingly was arrested on 03-08-2019 ; and

5. Whereas, during investigation it has surfaced that on the directions of Khalid R/o Pakistan accused Shabir Hussain had received parcel containing SIM cards from an unknown person and was delivered by him to a person at Nowhatta, for enhancing communication of the active terrorists in the area ; and

6. Whereas, during further investigation it surfaced that another accused Basharat Ahmad Shah S/o Mohd Akbar R/o Nikloora, Pulwama had barged into the house of his neighbour namely, Shakeel Ahmad Sofi along with two other militants and threatened him for providing a new SIM which was thereafter been used by terrorist Khalid R/o Pakistan. The statement of Shakeel Ahmad recorded under section 164 Cr. P. C. before JMIC, Srinagar corroborated the case ; and

7. Whereas, the Cyber Forensic report obtained during investigation has also established that accused persons had remained in constant touch to each other through Social Media Networking with the aim and object to conspire and motivate furtherance of subversive activities in the Valley ; and

8. Whereas, statements of witnesses under sections 161 and 164 A. Cr. P. C. have been recorded and other evidences collected by the Investigating Officer and on conclusion of the investigation by the IO prima facie case against the below mentioned accused persons has been provedi :—

S. Name of the accused Offence

No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Shabir Hussain Ganie S/o Ghulam Mohi-ud- 18, 20 ULA Din Ganie R/o New Theed, Harwan. (P) Act.

No. 43-c] The J&K Govt. Gazette, 28th Jan., 2020/8th Magha, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Basharat Ahmad Shah S/o Mohd Akbar Shah R/o Nikloora, Pulwama (Active Terrorist).

3. Khalid R/o Pakistan (Active Terrorist).

9. Whereas, accused Basharat Ahmad Shah and Khalid R/o Pakistan are active militants/terrorists and as such proceedings under section 512 Cr. P. C. has been initiated against them ; and

10. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the Case Diary File and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the said accused persons ; and

11. Whereas, after perusmg the Case Diary File, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above named accused persons under sections 18, 20 of Unlawful Activities (Prevention) Act, 1967, in case FIR No. 24/2019 of Police Station, Harwan, Srinagar.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 131] Jammu, Mon., the 25th Nov., 2019/4th Agra., 1941. [No. 34-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II—B

Notifications, Notices and Order by Heads of Departments.

———– GOVER1NMENT OF JAMMU AND KASHMIR STATE INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT.

File No. 1002. Date of Institution : 06-07-2017. Date of Decision : 26-08-2019.

________

1. Fatima Bano D/o Abdul Ahad Shah 2. Amira Kahter D/o Mohammad Amin R/o Mirdanter, Anantnag

(Applicant/Petitioners)

Through :—Counsel Rasheeda Shaheen Adv.

1. Director, Rural Development, Kashmir

2. Asstt. Commr., Development, Anantnag

3. Block Development Officer, Achabal

(Non-applicants/Respondents )

Through :—Counsel

In the matter : Joint application under section 16 of the

Payment of Wages Act, 1936 for

The J&K Govt. Gazette, 25th Nov., 2019/4th Agra., 1941. [No. 34-2

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

the recovery of the unpaid and withheld wages in terms of section 15 (2) of the said Act read with section 33 (c) (2) of the "Industrial Disputes Act, 1947.

Present : Mohammad Ali Khan, Presiding Officer (District and Sessions Judge) ________

AWARD

This is to dispose a joint petition filed by two applicants through their counsel under section 16 of Payment of Wages Act, 1936 for recovery of their unpaid and withheld wages since January, 2008 till date. The brief facts as collected from the record placed on the file is that the above-mentioned two applicants stands engaged as daily wagers vide No. AB/1188-90 dated 12-10-1987 by the Block Development Officer, Achabal, District Anantnag and are continuing to work as such till date without being regularised their services despite putting in more than 30 years of service in the respondent's department. The applicants therefore have preferred the claim petition under section 15(2) of the P. W. Act, 1936 read with Section 33 (c)(2) of the Industrial Disputes Act, 1947 along with the statement of the unpaid wages for its recovery. The case after registration was put on 03-8-2017 for filing of objections from the respondents. The respondent filed their response and statement of objections through their counsel against the claim petition on 14-12-2017 and in their objections they have maintained that a notice as required under section 80 C. P. C. was required to be given to the respondents before filing of their claim petition as the respondents are the state. Further, Ld. Counsel have stated that the engagement/appointment of the applicants are wrong because the respondent No. 3 i. e. B. D. O., Achabal has no authority to issue such orders and the applicant No. 2 was a minor at the time of her engagement. Therefore, have prayed for the dismissal of the claim application of the applicants. Against this the applicants through their counsel filed rejoinder in which the learned counsel have stated notices to the respondents had been sent twice through ROMANA YOUSUF, Advocate dated 6-4-2015 and 11-05-2017 but despite lapse of two years from the date of issuance of the notices to the respondents they didn't care to take considerable steps towards releasing and payment of the unpaid wages to the applicants and after No. 34-2] The J&K Govt. Gazette, 25th Nov., 2019/4th Agra., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— waiting from January, 2008 till May, 2017 the applicants were constrained to approach the appropriate court for redressal of their grievances and release and recovery of their legitimate dues. In light of these submissions the learned counsel of the applicants prayed for the rejection of the objections of the respondents. The case was put on filing and framing of the issues which were framed by the Court on 04-06-2018 and the applicants were directed to produce their witnesses in support of their claim petition. In all 4 (four) witnesses were examined including the applicants, in the shape of affidavit. All the witnesses have deposed that they are still working as daily wagers in the respondents departments since last more than 30 years but their services have not been regularised though some of their colleagues have since been regularised barring the applicants. The applicants in support of their contention have referred and office of the Block Development Officer, Achabal addressed to the Assistant Commissioner, Development, Anantnag vide No. B. D. O/A/Estt/2017-18/6349 dated 16-03-2018 wherein the list of the daily wagers with his recommendation for regularization of their services have been placed on file and have become part of the file. The applicants do figure in the enclosed list at S. No. 4 and 5. among others. Similarly another communication letter issued by the Asstt. Commissioner, Development, Anantnag addressed to Director, Rural Development Department, Kashmir vide No. ACD/A/legal/2017-18/22536-37 dated 24-03-2018 whereby the list of the 9 (nine) daily wagers as forwarded by the concerned B. D. O. to the ACD has been addressed and forwarded to the Director, Rural Development, Kashmir for the consideration wherein both the applicants stands enlisted at Sl. No. 4 and 5 respectively. The other two witnesses Mohammad Salim Dar and Bashir Ahmad Ganaie also deposed the same things and they also figure in the enclosed list of the daily wagers at S. No. 7 and 2 but are still not regularised. The applicants did not produced further evidences, therefore the respondents were directed to produce their witnesses and the documents, if any, but they didn't with the result the opportunity of filing their evidence was closed and the file was posted for arguments.

The learned counsel of the applicants argued with respect to the engagement of the applicants by the respondents department as long back in the year 1987 and since then they are continuing to till date but their services have not been regularised and their wages from January, 2008 stands withheld and not paid. However, the applicants have been paid their wages from the date of their The J&K Govt. Gazette, 25th Nov., 2019/4th Agra., 1941. [No. 34-2

4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

engagement till December, 2007 but afterwards the wages of the applicants have not been paid and are thus unpaid for no reason. The learned counsel of the applicants further stated that the plea of the respondents with respect to the applicant No. 2 at this moment is obsolete and childish. As she has been paid the wages from the date of her engagement till December, 2007 i. e. for 20 years and now they are claiming that she was minor at her time of engagement. Therefore, their plea with respect to this point have no validity in the eyes of law as no one till date has raised this plea and without any proof or document on the subject this plea can't be considered. Therefore, this plea of respondent does not sustain. Further the other plea with respect to the issuance of the engagement order by the respondent No. 3. is useless as its appointment or engagement order is not for a vacant post but is the engagement as daily wager and has never been objected at any quarter by any authority. Most important is that the applicants have been properly paid their due wages for a period of 20 (twenty) years but for unknown reasons the wages from January, 2008 have been withheld. Further the names of the applicants along with other incumbents have been forwarded to the higher authorities for regularization of services per above referred letter by Block Development Officer and Assistant Commissioner, Development.

The said authority at that point of time of engagement of the applicant of the daily wagers was very much within his competence to issue such an order. Therefore, the plea of the respondents in this regard does not sustain anywhere. The most important argument put forth by the learned counsel of the applicants is that they are still born on the establishment of the respondents record which is very much authenticated by the two authorised authorities (competent officers) vide letters issued at two different quarters of the respondents department and forwarded to the Respondent No. 1, Director, Rural Development Department for their regularisation of services. In view of it, the Counsel of the applicants has maintained that no other proof or any document is required to substantiate the claim of the applicants because it is clearly proved by the applicants that they are still borne on the rolls of the respondents department and have not been terminated.

The examination and the scrutiny of the file reveals that the applicants stands appointed and engaged as daily wagers in the year 1987 and are continuing as such till date which fact is evidenced by the submission of the two communication letters issued from the respondents department and forwarded to the Respondent No. 1 for regularisation of their services. So it is undisputed fact that they are No. 34-2] The J&K Govt. Gazette, 25th Nov., 2019/4th Agra., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— still on the service roll/record of the respondents and are working there as daily wagers but are not being paid their legitimate dues since more than one decade which is very sheer injustice with the applicants. The court feels strange as how the applicants are managing their lives without being paid their dues and wages. In fact the court observes that the act of the respondents withholding the wages of the applicants are cruel and intolerant. The Court therefore held each applicant entitled to their unpaid wages to the tune of Rs. 4,67,400 (Rupees four lacs sixty seven thousand and four hundred) from January, 2008 till December, 2007. Further the Government has issued a SRO-520 dated 01-01-2018 under which the daily wager who have put in more than 20 years of service as daily wagers are entitled to Rupees 20,000/- per month as their wages accordingly to it each applicant is further entitled to 3,60,000/- as wages from the month of January, 2018 till June, 2019. Further, the Court feels that undue delay has been caused is not making the payment of the due wages of the applicants lays compensation of Rs. 3000/- for each year of delay in terms of section 15(2) of Payment of Wages Act, 1936 in favour of the applicants and against the respondents.

Therefore, each applicant is held entitled to Rs. 8,57,400/- as withheld wages in totality both the applicants are entitled to 17,14,800/- as their back wages.

The award is accordingly passed in favour of the applicants and against the respondents who are directed to deposit the amount of Rs. 17,14,800/- (Rupees Seventeen Lacs fourteen thousand and eight hundred) in this Court within a month failing which the same shall be recovered as per Law. The file after due completion be consigned to records under rules.

A copy of this award be sent to the Government of Jammu and Kashmir through its Commissioner/Secretary, Labour Department for information and publication in the Government Gazette.

Announced :

Dated 26-08-2019.

(Sd.) MOHAMMAD ALI KHAN,

District and Sessions Judge Presiding Officer, Industrial Tribunal-cum-Labour Court, Jammu and Kashmir, Srinagar.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 23 July 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2020-07-23.17/. Archive identifier in.gazette.jammuandkashmir.2020-07-23.17.