Jammu and Kashmir Gazette, No. 19, 06 August 2020

REGD NO. JK––33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 6th August, 2020/15th Srav., 1942. [ No.19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 ....	258-270 115-124 31-32 107-134 33-34	113-116

Printed at the Ranbir Government Press, Jammu.

258 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 1336 Dated 15-02-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Richa Sharma D/o Radha Krishan R/o Mearth, P. O. Budhi, Kathua vide Notification No. 1647 dated 05-03-2018 for a period of one year has been extended till 31-12-2020 after condonation of delay and subject to the verification of her Certificates/LLB Degrees from the concerned University and verification of her character and antecedents from CID.

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

–––––––

Notification

No. 1337 Dated 15-02-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Wahid Abdulllah Magray S/o Mohd Abdullah Magray R/o Ruhoo Grid, Anantnag vide Notification No. 1868 dated 15-03-2018 for a period of one year has been extended till 15-03-2021 after condonation of delay and subject to the verification of his Certificates/LLB Degrees from the concerned University and verification of his character and antecedents from CID.

No. 19] The J&K Govt. Gazette, 6th August, 2020/15th Srav ., 1942. 259 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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

–––––––

Notification

No. 1338 Dated 15-02-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Asma Mushtaq D/o Mohd Mushtaq Bhat R/o Ward No. 5, Tehsil and District Bandipora A/P Bemina Shamsabad, Sector-4, Srinagar vide Notification No. 1080 dated 17-03-2016 has been declared as Absolute/Final, after condonation of delay.

By order.

–––––––

Notification

No. 1339 Dated 15-02-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Sahera Sadef D/o Abdul Haleem Lone R/o Friends Enclave, Humhama Heights, Budgam vide Notification No. 550 dated 02-08-2011 has been declared as Absolute/Final, after condonation of delay.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Additional Registrar.

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (Office of the Registrar General at Jammu)

Subject :—Amendment to the Rules framed under the Jammu and Kashmir

Civil Courts Act.

––––––––

Notification

No. 1343 Dated 24-02-2020.

With a view to give respite to the general public residing in the far flung areas of the two Union Territories in general and the litigants 260 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

in particular, the High Court of Jammu and Kashmir in exercise of its powers vested under section 8 of the Civil Courts Act, 1977 has been pleased to make the following amendments/insertions in the existing Rules framed under Jammu and Kashmir Civil Courts Act :—

The words "or at such place as the High Court may determine" are inserted after the existing Rule 34(iii), so as to read as under ;

Rule 34(iii) :—Copies of the records of the High Court or the Court of a District and Session Judge shall be supplied at the ordinary place of sitting of such Court or at such place as the High Court may determine.

(Sd.) SANJAY DHAR,

Registrar General.

–––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

(Exercising powers of Bar Council under Section 58 of the Advocates

Act, 1961).

Notification

No. 1393 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Simta Shan D/o Ashok Kumar Shan R/o House No. 159, Lane No. 8, Shiv Vihar Janipur Colony, Jammu A/P House No. 247, Sector No. 1 Chhani Himmat, Jammu vide Notification No. 1756 dated 13-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1395 Dated 02-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Monika Sandhu D/o Shesh Kumar R/o Sari Rakwalan, Jammu vide Notification No. 1899 dated 16-03-2018 has been declared as Absolute/Final.

By order.

–––––––

No. 19] The J&K Govt. Gazette, 6th August, 2020/15th Srav ., 1942. 261 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1397 Dated 03-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Janardhan Singh Andotra S/o Surjeet Singh Andotra R/o Taraf Bala, Nagri Parole, Jammu vide Notification No. 901 dated 23-12-2014 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1410 Dated 03-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Mohsina Irshad D/o Irshad Ahmad Jan R/o Baghat, Barzulla, Srinagar vide Notification No. 1274 dated 07-12-2017 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1411 Dated 03-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Deepak Gupta S/o Ashok Kumar Gupta R/o V. P. O. Govindsar, Near Railway Station, Tehsil and District Kathua vide Notification No. 1377 dated 29-12-2017 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1449 Dated 03-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Romesh Sharma S/o Hari Krishan 262 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

R/o H. No. 73, Raghunath Pura, Jammu vide Notification No. 483 dated 10-07-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1500 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Asia Gull D/o Gh. Nabi Lone R/o Bijhama (Mughal Mohalla), Boniyar, Baramulla vide Notification No. 803 dated 15-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1501 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Tahil Gupta S/o Subash Chander Gupta R/o H. No. 63, New Kaleeth Nagar, Upper Gummat, Jammu vide Notification No. 1697 dated 06-03-2018 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1502 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Isma Nisar D/o Nisar Ahmad Sofi R/o Dairya- ud-Din Colony, Gulab Bagh, Hazratbal, Srinagar vide Notification No. 557 dated 07-08-2018 has been declared as Absolute/Final.

By order.

–––––––

No. 19] The J&K Govt. Gazette, 6th August, 2020/15th Srav ., 1942. 263 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1503 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Shabir Ahmad Reshi S/o Ghulam Nabi Reshi R/o Samboora Kaka Pora, Pulwama, Eid Gah Mohalla, Pulwama vide Notification No. 1657 dated 29-03-2019 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1504 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Ghulam Murtaza S/o Mohd Azam R/o Village Dharana, Tehsil Mendhar, District Poonch vide Notification No. 58 dated 14-06-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1505 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Harmeet Kour D/o Rashpal Singh R/o MBS Nagar, Upper Gadi Garh, South, Jammu vide Notification No. 1672 dated 29-03-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1507 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Ishwin Kaur D/o Abhinandan Singh R/o 264 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

H. No. 33D C/C Gandhi Nagar, Jammu vide Notification No. 1654 dated 29-03-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1508 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Varun Dev Singh Jamwal S/o Bhupinder Singh Jamwal R/o I/C, Karan Nagar, Lane No. 1, Jammu vide Notification No. 40 dated 16-05-2019 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1509 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Umar Mukhtar S/o Gulam Mohd Mughal R/o Kotranka Draj, District Rajouri A/P Zubairabad Nowabad Sunjwan Road, Jammu vide Notification No. 1696 dated 30-03-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1510 Dated 07-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Ritika Jamwal D/o Sudheer Jamwal R/o Village Suchani, P. O. Rahya, Vijaypur, Samba vide Notification No. 1709 dated 30-03-2019 has been declared as Absolute/Final.

By order.

–––––––

No. 19] The J&K Govt. Gazette, 6th August, 2020/15th Srav ., 1942. 265 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1511 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Mohd Younus Hafiz S/o Mohd Sultan Hafiz R/o Prichoo, Tehsil and District Pulwama vide Notification No. 1740 dated 30-03-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1512 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Shahid Yousuf Koka S/o Mohd Yusuf Koka R/o Bogam, Kakapora, District Kulgam vide Notification No. 1689 dated 30-03-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1514 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Asha Verma D/o Bhikam Chand R/o Tikri, Tehsil and District Udhampur vide Notification No. 32 dated 06-04-2017 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1515 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Tariq Aziz S/o Mohd Aziz R/o Village Kotain, 266 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Tehsil Mendhar, District Poonch A/P 1/162, Vidhata Nagar, Bathindi, Jammu vide Notification No. 1694 dated 06-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1516 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Muzamil Fayaz D/o Fayaz Ahmad Sofi R/o Iqbal Colony, Baramulla vide Notification No. 847 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1517 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Aaisha Ulfat D/o Habibullah Dar R/o Mushtaq Colony, Zaid Bin Haris, Lane H. No. 11, Hyderpora, Srinagar vide Notification No. 455 dated 02-07-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1518 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Ishfaq Ahmad Dar S/o Gulam Mohi-ud-Din Dar R/o Shurat, Kulgam vide Notification No. 1678 dated 06-03-2018 has been declared as Absolute/Final.

By order.

–––––––

No. 19] The J&K Govt. Gazette, 6th August, 2020/15th Srav ., 1942. 267 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1519 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Kausar D/o Gh. Mohd Lone R/o Arabal Shalimar, Tehsil North, District Srinagar vide Notification No. 841 dated 16-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1520 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Ruhab Lateef Mir D/o Mir Lateef Ahmad R/o Rozabal, Khanyar, Srinagar vide Notification No. 869 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1521 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Sobia Gaffar D/o Ab. Gaffar Malik R/o Arabal, Tehsil Rajouri, District Pulwama vide Notification No. 878 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1522 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Rubiya Nabi D/o Ghulam Nabi Mir R/o 268 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Budoo Bagh Khanyar, Srinagar A/P Riyaztaaing, Khanyar, Srinagar vide Notification No. 866 dated 17-10-2018 has been declared as Absolute/ Final.

By order.

–––––––

Notification

No. 1523 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Syed Abid S/o Syed Rafiq Ahmad R/o Magam, Neelipora, Handwara A/P Shah Mohalla, Ahmad Nagar, 90 Feet Road, Srinagar vide Notification No. 1319 dated 02-01-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1524 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Rajat Sharma S/o Sham Sunder R/o V. P. O. Sainth, Tehsil Khour, District Jammu A/P M. C. J.-1241, Lane No. 30, Rajpura, Jammu vide Notification No. 1602 dated 05-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1525 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Waseem Nabi S/o Gh. Nabi Parwana R/o Khanpora, Near Salafi College, Budgam vide Notification No. 894 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

No. 19] The J&K Govt. Gazette, 6th August, 2020/15th Srav ., 1942. 269 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Notification

No. 1526 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Gh. Nabi Malik S/o Ab. Rashid Malik R/o Warapora Billal Abad Sopore, Baramulla vide Notification No. 825 dated 16-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1527 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Nayeema Akhter D/o Gulam Nabi Ganai R/o Salamabad Dachina Goriwan, Tehsil Boniyar, District Baramulla vide Notification No. 856 dated 17-10-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1528 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Shivang Mahajan S/o Brij Mohan Gupta R/o H. No. 10, Lane No. 1, Extension-1, Shaheed Parveen Enclave, Trikuta Nagar, Jammu vide Notification No. 1627 dated 05-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1529 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Udhey Vir Singh Jamwal S/o Avtar Singh Jamwal R/o Agorre Jandyal, Near Govt. High School Bhalwal, Jammu 270 The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

vide Notification No. 1695 dated 30-03-2019 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1530 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Arjun Magotra S/o Brijinder Mohan Magotra R/o H. No. 206, Pacci dakki, Jammu vide Notification No. 1510 dated 02-03-2018 has been declared as Absolute/Final.

By order.

–––––––

Notification

No. 1531 Dated 10-03-2020.

Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Mr. Ummar Farooq S/o Farooq Ahmed R/o Chandimarh, Dak Bunglow, Tehsil Surankote, District Poonch vide Notification No. 1687 dated 06-03-2018 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 6th Aug., 2020/15th Srav., 1942. [ No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

HIGH COURT OF JAMMU AND KASHMIR (Office of the Registrar General at Jammu)

Subject :—Annual Darbar Move of High Court from Jammu to Srinagar for

the Summer Session-2020.

———

Order

No. 61 Dated 24-06-2020.

In view of the spread of COVID-19 in the Union Territories of Jammu

and Kashmir and Ladakh and in connection with the Annual Darbar Move,

Summer Session-2020 of the High Court of J&K, it is hereby notified and

ordered as under :–

i. The Main Wing of the High Court of J&K and the Office of the

Registrar Vigilance, High Court of J&K shall close at Jammu 116 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

on 26th June, 2020 (Friday) after the office hours and reopen at

Srinagar on 6th July, 2020 (Monday).

ii For the time being the Main Wing and the office of the Registrar

Vigilance shall continue to remain functional both at Jammu/

Srinagar and the move employees shall work on "as is where is"

basis i. e., Kashmir based staff shall work from Srinagar and

Jammu based staff shall work from Jammu.

iii The Jammu based employees will attend the office at Jammu

w. e. f. 30th June, 2020 (Tuesday). The Kashmir based

employees working in the Main Wing who are already at Srinagar

shall report at High Court, Srinagar on 29th June, 2020 (Tuesday)

with the directions to set the record for smooth functioning of

the office.

iv. Registrar computers shall put in place robust online/electronic/

video confrencing other communication mode at Jammu and

Srinagar to ensure a virtual office at both places.

v. Director Finance, High Court of J&K shall draw Special Move

T. A. at a uniform rate of Rs. 25000/- (Rupees Twenty Five

Thousand only) and be paid to the move employees strictly

in terms of Government Order No. 645-JK (GAD) of 2020

dated 12-06-2020 read with Office Memo No. GAD(Adm)13/

2020-III dated 23-06-2020.

By order.

(Sd.) JAWAD AHMED,

Registrar General.

———

No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 117 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—FINANCE DEPARTMENT.

Circular

Funds pertaining to Centrally Sponsored Schemes and Finance

Commission Grants are released by concerned Ministries, GoI for further

distribution amongst Executing Department across the UT. Post their release

these funds are authouized in favour of the line department as per the claims

preferred.

Time and again it has been observed that despite timely authorization

by the Finance Department the executing agencies are not able to utilize the

Funds fully for the purpose for which these are sanctioned during the currency

of the Financial Year. These funds remain unutilized for most of the time

and at times for several year together, eventually departments come up

with propoals for revalidation of these funds that too at their leisure in the

last quarter/month of the Financial Year.

This practice results in unsatisfactory implementation of the Schemes

marring the basic purpose of consistent development in the field.

In order to curb such tendencies and bring efficiency in expenditure,

the following instructions are issued for immediate compliance :–

1. Director General, Aduit and Inspection shall ensure conduct of

Scheme-wise/Component-wise audit of all the unspent balances

under CSSs and FC Grants lying with the departments and submit

the report to Finance Department latest by 15th of March, 2020.

2. All the line departments shall come up with the proposals of

revalidation of CSSs and FC Grants, complete in all respects,

only after fully justifying the reasons for delay in implementation,

the amount unspent and also mention timelines for achieving

desired goals/results for adherence in future.

118 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. The Audit may also look into the aspect of streamlining system of

revalidation including auditing of all revalidations in timely manner.

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

Financial Commissioner,

Finance Departmant.

———

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

Notification No. 272-Rev (LAJ) of 2019

Dated 25-10-2019.

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

to this notification, is required for for widening of Reasi- Poni-Sial-Rajouri

road between KM 27.700 to 29.725 double lane specification situated in

Village Kheralair, Tehsil Pouni, District Reasi ;

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

58 RCC, GREF C/o 56, APO, a notification under section 4 (1) was issued

by Collector, Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/

Rsi/19-20/72-79/NSQ dated 13-09-2019 for land measuring 45 Kanals,

16 Marlas and 04 Sarsai situated in Village Kheralair, Tehsil Pouni, District

Reasi ;

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

No. Col/LA/ADC/Rsi/19-20/133-136/NSQ dated 04-10-2019, has reported

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

Acquisition Act by him was served upon the interested persons for filing

objections, if any, to the proposed acquisition, but no objection was received

from the land owners/interested persons within the prescribed period as

required under sections 5 & 5-A of the Land Acquisition Act ; and

Whereas, the report furnished by the Collector, Land Acquisition

(ADC), Reasi vide No. referred above duly endorsed by District Collector No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 119 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (Deputy Commissioner), Reasi vide No. DC/Rsi/19-26/1233-37/SQ dated

12-10-2019, Divisional Commissioner, Jammu vide No. 502/3769/Acq/

GREF/Kheralair/Rsi/2019/2486 dated 15-10-2019 and by the Financial

Commissioner, Revenue vide No. FC-LS/LA-5006/2019 dated 22-10-2019

has been examined and it has been found that the land owners did not

file any objection to the proposed acquisition ; and

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for widening of Reasi-

Poni-Sial-Rajouri road between KM 27.700 to 29.725 double lane

specification situated in Village Kheralair, Tehsil Pouni, District Reasi.

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

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

45 Kanals, 16 Marlas and 04 Srisai, situated in Village Kheralair, Tehsil

Pouni, District Reasi, particulars whereof are given in ''Annexure-A" is

required for public purposes viz. for widening of Reasi- Poni-Sial-Rajouri

road between KM 27.700 to 29.725 double lane specification situated in

Village Kheralair, Tehsil Pouni, District Reasi. Further, the Collector, Land

Acquisition (ADC), Reasi is directed under section 7 of the said Act to take

orders for acquisition of the said land after giving prescribed notice to the

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

However, the Collector concerned shall be personally responsible for

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

case for making apportionment of compensation amongst all the interested

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

while making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government,

Revenue Department.

______

120 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure "A"

Particulars of the land

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

1 2 3 4 5

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

K. M. S. Reasi Pouni Keralair 88 01–01–00

89 04–01–00

255/90 03–02–04

95 01–04–00

127 02–04–00

129 05–07–00

96 02–16–00

260/102 02–15–02

261/102 02–11–03

104 05–05–04

240/126 00–12–04

229/134 00–04–00

281/144 01–02–04

131 00–18–05

131 min 00–03–04

133 01–07–00

229/134 00–06–02

229/134 min 00–06–05

229/134 min 00–10–00

229/134 min 00–10–08

229/134 min 00–10–08 No. 19] T h e J & K G o v t . G a z e t t e , 6th Aug., 2020/15th Srav., 1942. 121 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. S. 229/134 min 00–06–02

229/134 min 00–03–00

229/134 min 00–02–00

379/144 00–06–04

286/153 03–10–04

277/153 00–05–07

232/143 00–04–00

232/143 00–02–00

233/143 00–04–00

279/144 01–13–00

279/144 01–08–00

281/145 00–09–06

229/134 00–02–00 ——–—– Total 45–16–04 ——–—–

–––––––

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

Notification No. 275-Rev (LAJ) of 2019

Dated 25-10-2019.

W her ea s , t he la nd s p ecif ic a tions wher eof a r e given in "Annexure-A" to this notification, is required for widening of Reasi- Poni-Sial-Rajouri double lane specification situated in Village

Bealulian-II, Tehsil Pouni, District Reasi ;

122 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, on the basis of an indent placed by Officer Commanding,

58 RCC, GREF C/o 56, APO, a notification under section 4 (1) was issued

by Collector, Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/Rsi/

19-20/58-63/NSQ dated 13-09-2019 for land measuring 27 Kanals,19 Marlas

and 03 Sarsai situated in Village Bealulian-II, Tehsil Pouni, District Reasi ;

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

No. Col/LA/ADC/Rsi/19-20/137-40/NSQ dated 04-10-2019, has

reported that the notification issued under section 4 (1) of the J&K

State Land Acquisition Act by him was served upon the interested

persons for filing objections, if any, to the proposed acquisition, but no

objection was received from the land owners/interested persons within

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

Acquisition Act ; and

Whereas, the report furnished by the Collector, Land Acquisition

(ADC), Reasi vide No. referred above duly endorsed by District Collector

(Deputy Commissioner), Reasi vide No. DC/Rsi/19-26/1222-27/SQ dated

12-10-2019, Divisional Commissioner, Jammu vide No. 502/3768/Acq/

GREF/Bealulian-II/Reasi/2019/2487 dated 05-10-2019 and by the

Financial Commissioner, Revenue vide No. FC-LS/LA-5007/2019

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 ; and

Whereas, the Government is satisfied that the land particulars whereof

are given in "Annexure-A" is required for public purpose viz. for widening

of Reasi-Poni-Sial-Rajouri double lane specification situated in Village

Bealulian-II, Tehsil Pouni, District Reasi.

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

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

27 Kanals, 19 Marlas and 03 Srisai, situated in Village Bealulian-II, Tehsil

Pouni, District Reasi, particulars whereof are given in ''Annexure-A" is

required for public purposes viz. for widening of Reasi-Poni-Sial-Rajouri

double lane specification situated in Village Bealulian-II, Tehsil Pouni, District

Reasi. Further, the Collector, Land Acquisition (ADC), Reasi is directed No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 123 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

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 Bealulian-II, Tehsil Pouni,

District Reasi, required for public purposes, subject to the 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.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

______

Annexure "A"

Particulars of the land

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

1 2 3 4 5

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

K. M. S.

Reasi Pouni Bealulian-II 2 min 01–3.5–00

19 02–00–00

17 01–15–00 124 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

17 min 00–05–00

18 00–15–00

20 00–04–00

442/24 00–04–00

21 00–2.5–00

22 00–7.5–00

22 min 00–4.5–00

439/23 00–15–00

43 00–19–00

453/81 01–02–00

82 min 02–03–00

82 min 02–12–00

82 min 07–17–00

403 02–04–03

404 01–02–04

508/405 02–03–05 ———— Total 27–19–03 ————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 6th Aug., 2020/15th Srav., 1942. [ No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In pursuance 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.

————

32 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 6th Aug., 2020/15th Srav., 1942. [ No. 19

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

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

ADDITIONAL DEPUTY COMMISSIONER, REASI.

Subject :—Acquisition of land measuring 106K–18M for "Construction/

Improvement of Bharakh-Ransoo Asconsite road at Village

Sangar", Tehsil Pouni, District Reasi.

—————

Officer Commanding, 58 RCC GREF C/o 56 APO vide HQ 31 BRTF

Indent No. 20023/BH-Ransu/02/E2 dated 04-01-2001 had requested for

acquisition of land measuring 106K-18M in Village Sangar for Public

purpose viz. "Acquisition of land for construction/improvement of Bharakh-

Ransoo Asconsite road at Village Sangar", Tehsil Pouni, District Reasi.

Accordingly, a notification under section 4(1) of Land Acquisition

Act, Svt. 1990 was issued by this Collectorate vide No. COL/LA/ADC/

Rsi/15/204-207/NSQ dated 19-06-2015 and was served upon the land 108 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

owners/interested persons who were asked to file objections, if any, within

15 days from the date of issuance of this notification. In response to the

notification no objection was received by this Collectorate. Thereafter the

case was submitted to Divisional Commissioner, Jammu vide District

Collector, Reasi letter No. DC/Rsi/15-16/1564-65/SQ dated 19-08-2015

for issuance of declaration under sections 6 & 7 of the land Acquisition

Act. The Divisional Commissioner, Jammu issued notification under section

6 vide Number 48-Div. Com. of 2015 dated 16-12-2015 issued under

endorsement Number 502/2480/Acq/Sangar/GREF/Rsi/15/2342-48 dated

16-12-2015 that the land is required for public purpose viz. "Acquisition

of land for construction/improvement of Bharakh-Ransoo Asconsite road

at Village Sangar", Tehsil Pouni, District Reasi and directed this Collectorate

under section 7 of the said Act to take order for acquisition of land.

Thereafter, a notification under sections 9 & 9A of Land Acquisition

Act was issued vide this Collectorate No. COL/LA/ADC/Rsi/15/619-622/

NSQ dated 02-02-2016 and was served upon the land owners/interested

persons and Indenting Department asking them to file objections, if any,

regarding measurement, title and quantum of compensation wthin stipulated

period. In response to the notification, no objection was received by

this Collectorate within the stipulated time period. In the meantime as per

SRO No. 25 of 2016 issued under endorsement No. Rev/LA/12/2015 dated

04-03-2016 that the case file, for the issuance of sections 6 & 7 was needed

to be submitted to the Government.

Thereafter, this Collectorate vide No. COL/LA/ADC/Rsi/50-53/NSQ

dated 28-04-2016 requested the District Collector, Reasi that the case may

be submitted to the Government for the issuance of declaration under section

6 of the Land Acquisition Act. The Divisional Commissioner, Jammu was

requested by the District Collector, Reasi vide No. DC/Rsi/16-17/727-30/

SQ dated 15-10-2016 that the case be submitted to the Government for

issuance of declaration under sections 6 & 7 of the Land Acquisition Act.

The Commissioner/Secretary to Government, Revenue Department, J&K

issued notification under section 6 vide Notification Number 65-Rev(LAJ)

of 2017 dated 17-02-2017 under endorsement number Rev/LAJ/334/2016

dated 17-02-2017 that the land is required for public purpose viz.

"Construction/Improvement of Bharakh-Ransoo Asconsit road at Village No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 109

Sangar", Tehsil Pouni, District Reasi and directed this Collectorate under

section 7 of the said Act to take order for acquisition of land.

Thereafter, a notification under sections 9 & 9A of Land Acquisition

Act was issued vide this Collectorate No. COL/LA/ADC/Rsi/16/387-90/

NSQ dated 14-03-2017 and was served upon the land owners/interested

persons and Indenting Department asking them to file objections, if any,

regarding measurement, title and quantum of compensation within

stipulated period. No objection was received within the stipulated time

period. The payment of compensation will be made to the land owners/

interested persons as per rules and provisions in vogue.

Principle of compensation :

This land is situated at Village Sangar and is being acquired for public

purpose viz. "Construction/Improvement of Bharakh-Ransoo Asconsite

road at Village Sangar", Tehsil Pouni, District Reasi.

1. Field revenue agency has reported that average sale deed

rate "Ausat Rehan Bai Seh Sala" for the Village Sangar is

Rs. 35,632/- and recommended prevailing market rate to

be Rs. 1,00,000/- per Kanal local irrespective of classification

of land.

2. As per Stamp Duty rates for the year 2017-18, rates of

agr iculture land in this villa ge ha ve been fixed by

competent authority to be Rs. 57,000/- for irrigated,

Rs. 50,000/- for unirrigated and Rs. 67,000/- for small

piece of land.

3. In the instant case, the kind of soil involved is W-I, W-II,

HW, GM and BQ. The entire land, being on roadside, it

has huge commercial potential.

Keeping in view all the factors to be considered for determination of

rates of land compensation, the then Collector, Land Acquisition proposed

the rate of Rs. 1.00 Lakh per Local Kanal irrespective of kind of soil and

issued a Draft Award vide No. COL/LA/ADC/Rsi/17-18/82-83/NSQ dated

03-08-2017 requesting the District Collector to place the instant case of

Land Acquisition in the Collectors meeting. The instant case of land

acquisition was placed before the Collectors meeting held on 09-08-2017

under the Chairmanship of District Collector wherein the rates of land

compensation proposed by the Collector were discussed in detail. The

Committee of Collectors after thorough discussion determined the rate of

land @ Rs. 2,00,000/- per local Kanal irrespective of kind of soil involved 110 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

in the instant case of land acquisition. Accordingly, the revised draft award

was issued by this Collectorate vide No. COL/LA/ADC/Rsi/17-18/344-

45/NSQ dated 26-12-2017 after incorporating the rate approved in the

meeting of Collectors. Thereafter, the file for approval of rates of land

compensation and sanction of awarded amount, was submitted to Divisional

Commissioner, Jammu vide Deputy Commissioner, Reasi letter No. DC/

Rsi/17-18/1125-27/SQ dated 27-01-2018. The Divisional Commissioner,

Jammu vide letter No. 502/2480/Acq/GREF/Sanger/Rsi/18/1075-77 dated

09-06-2018 submitted the case file to Financial Commissioner, Revenue,

J&K, Srinagar after seeking the justification of the rate of land compensation

approved in the Collectors meeting. The Financial Commissioner, Revenue,

J&K vide No. FC-LS/LA-4668/2018 dated 07-08-2018 returned the file to

Deputy Commissioner Reasi, through Divisional Commissioner, Jammu

vide No. 502/2480/Acq/GREF/Sanger/Rsi/18/2037-A dated 18-08-2018

seeking the justification of rate of land compensation determined in the

instant acquisition. Thereafter, the case file along with justification of

rate determined was resubmitted to Divisional Commissioner, Jammu vide

No. DC/Rsi/18-19/1977-80/SQ dated 09-02-2019 for approval of rate of

land compensation and sanction of awarded amount. The Divisional

Commissioner, Jammu submitted the case file to the Financial

Commissioner, Jammu vide No. 502/2480/Acq/GREF/Sanger/Rsi/19/4795-

96 dated 11-02-2019 for the approval of rate of land compensation and

sanction of awarded amount. The Financial Commissioner, Revenue, J&K,

Jammu vide letter No. FC-LS/LA-4668/2018 dated 12-02-2019 accorded

approval to the uniform rate of land compensation @ 2.00 Lakh per local

Kanal which was conveyed by Divisional Commissioner, Jammu vide

No. 502/2480/Acq/GREF/Sanger/Rsi/19/4797 dated 12-02-2019 to District

Collector, Reasi.

(Apportionment of land is enclosed herewith)

Hence, based on the apportionment of land and approved rates of

land compensation is computed as under :—

• Land compensation of 106K-18M Rs. 2,13,80,000/-

W-I, W-II, HW, GM and BQ Land

@ Rs. 2.00 Lakh per local Kanal —————————

• Total Rs. 2,13,80,000/-

—————————

No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 111

• Jabrana @ 15% Rs. 32,07,000/-

• G. Total (two crore forty five ——————————

lakh eighty seven thousand only) Rs. 2,45,87,000/-

——————————

No structure, Fruit/Non-Fruit bearing trees have come under instant

acquisition.

The requisite certificates are recorded as under :—

1. The land is needed for public pur pose i. e. "Constr uction/

Improvement of Bharakh-Ransoo Asconsite road at Village Sanger",

Tehsil Pouni, District Reasi by 58 RCC GREF.

2. That the adequate funds are available with this Collectorate.

3. That no compensation has been paid in respect of land under

acquisition earlier.

4. That Shajra Khasra of the land has been authenticated by the

Indenting Department as token of its correctness.

5. That the land compensation will be paid in accordance with the

provisions of Agrarian Reforms Act, 1976.

6. That the land under acquisition is free from all encumbrances.

7. That the Aks/Shajra prepared in the instant case is in accordance

with the spot position and fieldbook.

8. That no forest land is involved in the instant case.

9. It is also certified that the land compensation payable to the owners/

interested persons as shown in the apportionment statement shall

be tendered in accordance with the provisions of Agrarian

Reforms Act, 1976 and guidelines given in the circular issued by

the Revenue Department under No. (LB)-10/80 dated 23-03-1980.

Therefore, I, Rajinder Kumar Sharma (KAS), Collector, Land

Acquisition (Additional Deputy Commissioner), Reasi, in exercise of

powers vested in me under section 11 of Land Acqisition Act, 1990 BK,

hereby issue the Final Award for an amount of Rs. 2,45,87,000/- (Two

Crore Forty Five Lakh Eighty Seven Thousand only) for the land measuring 112 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

106K–18M in Village Sangar, Tehsil Pouni, District Reasi for public

purpose for "Construction/Improvement of Bharakh-Ransoo Asconsite

road at Village Sangar", Tehsil Pouni, District Reasi for 58 RCC GREF.

(Sd.) RAJINDER KUMAR SHARMA, KAS,

Collector, Land Acquisition, Additional Deputy Commissioner, Reasi.

_______

No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 113

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No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 117

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7 118 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

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2 1 120 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

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3 1 No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 121

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5 1 122 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

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0 2 124 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

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No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 125

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1 2 126 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

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2 3 130 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

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No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 131

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5 3 132 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

Notice

I, Sahil Hussain Shah S/o Ashaq Hussain Shah R/o Qilla Mohalla,

Bhaderwah, District Doda A/P Qtr. No. 1, Block A-3, District Jail, Amphalla,

Jammu state that my mother name has wrongly been written as Shabnum

Begum instead of Shabnam Begum in my 12th Class Marksheet and

Diploma under Roll No. 13698487 Session Annual 2019-20 (Result

Pending), Admit Card and School documents. Now I am applying for

corrections of the same. Objection, if any, may be conveyed to CBSE,

Panchkula within seven days.

————

DEPARTMENT OF WILDLIFE PROTECTION, J&K

GOVERNMENT

OFFICE OF THE WILDLIFE WARDEN, CHENAB DIVISION,

KISHTWAR,

FOREST COMPLEX, SARKOOT, KISHTWAR .

Sh. Pankaj Khajuria

(I/c Range Officer, Wildlife Range, Kishtwar)

S/o Sh. Bodh Raj Khajuria

R/o Village Jagloti, Tehsil and District Kathua

Subject :—Show Cause Notice for remaining continue absence w. e. f.

10-01-2019.

Reference :—This Office Notice No. 72-74/WLWktr dated 16-05-2020.

————

Whereas, you were relieved from Lakhanpur Check Post, Kathua

Forest Division on 26-12-2018 forenoon on your transfer as Incharge Range

Officer, Ikhalla, Kishtwar of this division as per transfer Order No. 595 of

2018 dated 18-12-2018 endoresement No. PCCF/ESST/G/1783-90 dated

18-12-2018 ;

No. 19] The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. 133

Whereas, you joinded as I/c Range Officer, Ikhalla/Kishtwar Range

on 02-01-2019 forenoon and remained in this office up to 06-01-2019 and

thereafter you proceeded on three days casual leave w. e. f. 07-01-2019 to

09-01-2019 ;

Whereas, you were due to join back to your duties on 10-01-2019

forenoon after expiry of three days leave period but you failed to join your

duty and remained absent from duty, as no further application for extension

of leave was received by this office from you ;

Whereas, you remained in the Kishtwar Range for 05 days but did

not took over the charge of Range properly to relieve the concerned Range

Officer from additional charge ;

Whereas, you were served with varous notices for explaining reasons

of absence vide this office letter No. 1107/WLWktr dated 12-01-2019

No.1144-45/WLWktr dated 25-01-2019 and No. 1172-73/WLWktr dated

04-02-2019 and to resume your duty by registered letter but nothing has

been heard from you ;

Whereas, you made representation to this office on 06-03-2019 with

copy of the same to the Commissioner/Secretary to Government, Forest,

Ecology and Environment Department of Civil Secretariat, J&K, Jammu,

Pr. Chief Conservator of Forests and Chief Wildlife Warden, J&K

Government, Jammu from your transfer on the plea of suffering from LBA

diseases from last 2 to 3 weeks but you failed to submit any leave application

on prescribed leave form with medical certificate for the period you

remained absent w. e. f. 10-01-2019 ;

Whereas, after receiving the above show cause notice served by this

office vide No. 145-47/WLWktr dated 14-02-2019 and No. 546-47/WLWktr

dated 02-09-2019, you approched Hon'ble High Court at Jammu vide SWP

No. 407 of 2019. In this regard arguments putforth by you before the

Hon'ble Court vide para 11-14 are not true as the road connectivity, other

communications were available. However, Hon'ble Court passed direction

to consider to release of the salary of the petitioner under rule. You were

directed vide this office letter No. 945-47/WLWktr dated 30-11-2019 to

furnish medical certificate along with leave application on prescribed form 134 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

for the period you remained absent w. e. f. 10-01-2019 till you joined your

duties and on production of medical fitness certificate but nothing has been

heard from you.

Your prolonged absence without prior permission of the competent

authority calls for disciplinary action by the competent authority under

rule for which notice served vide this office No. 72-74/WLWktr dated

16-05-2020 but fail to join your duties. Since the case is sub-judice in the

Hon'ble High Court therefore pending departmental disciplinary action

against you for remaining continuous absence from your duties from

10-01-2019.

Therefore, you are once again served with notice to join your duties

immediately.

(Sd.) MAJID BASHIR MINTOO,

Wildlife Warden,

Chenab Division, Kishtwar.

————

Correction

I, Ashok Kumar S/o Sh. Isher Dass R/o Chapper, Tehsil Latti want to

change the name of my daughter from Anamika Devi to Anamika Thukaan.

Objection, if any, may be communicated to the concerned authorities in

(CBSE) Delhi, within 7 days.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 6th Aug., 2020/15th Srav., 1942. [No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— 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. 18 dated 06-07-2019 floated for supply of Oxygen Forensic Detective is cancelled.

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

Director,

Forensic Science Laboratory, J&K, Jammu.

———

34 The J&K Govt. Gazette, 6th Aug., 2020/15th Srav., 1942. [No. 19

––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 19 dated 06-07-2019 floated for supply of XRY Complete with Logical, Physical, Cloud and Pin Point (MSAB): Cell Phone Forensic Analysis 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. 12 dated 01-07-2019 floated for supply of Write Blocker Ultra Kits is cancelled.

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

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

No. 17-l] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. Fri. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––REVENUE DEPARTMENT

Notification

Srinagar, the 26th July, 2019.

SRO-484.––In exercise of the powers conferred by clause (b) of

section 3 of the Jammu and Kashmir Grant of Permanent Resident

Certificate (Procedure) Act, 1963 (Act No. XIII of 1963) and in supersession

of all previous notifications issued in this behalf, the Government hereby

appoint Mr. Mohammad Ashraf Hakak, KAS, Additional Deputy

Commissioner, Awantipora, to be competent authority for purposes of the

said Act within the territorial jurisdiction of Tehsils Pulwama and Shahoora

(Litter) of District Pulwama.

By order of the Government of Jammu and Kashmir.

(Sd.) SHAHID ANAYATULLAH, IAS,

Commissioner/Secretary to Government,

Revenue Department.

No. 17-m] The J&K Govt. Gazette, 29th July, 2019/7th Srav., 1941. Mon. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––REVENUE DEPARTMENT

Notification

Srinagar, the 29th July, 2019.

SRO-485.––In exercise of the powers conferred by sub-sections (4)

and (5) of section 6 of the Jammu and Kashmir Land Revenue Act, Samvat

1996 (Act No. XII of 1996), and in supersession of all previous notifications

issued on the subject, the Government hereby confer upon the following

officers the powers of Collector, Land Acquisition to be exercised by them,

within the jurisdiction as shown against each :—

S. Name and designation of the Officer Territorial

No.

jurisdiction

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

1 Mr. Rafiq Ahmad Lone, KAS, Assistant Tehsils, Baramulla,

Commissioner, Revenue, Baramulla Kreeri, Wagoora.

2 Mr. Syed Naseer Ahmad (KAS), Tehsils Pattan and

Sub-Divisional Magistrate, Pattan Singhpora.

3 Mr. Reyaz Ahmad Malik, KAS, Sub-Division Uri.

Sub-Divisional Magistrate, Uri

By order of the Government of Jammu and Kashmir.

(Sd.) SHAHID ANAYATULLAH, IAS,

Commissioner/Secretary to Government,

Revenue Department.

No. 18-d] The J&K Govt. Gazette, 4th August, 2019/13th Srav., 1941. Sun. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 4th August, 2019.

SRO-494.—In exercise of the powers conferred by clause (b) of

section 2 of the Prisoners Act, (Samvat), 1997, the Government hereby

declares, the Centaur Hotel, Srinagar (109 Rooms) as "Subsidiary Jail".

By order of the Government of the Jammu and Kashmir.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government, Home Department.

No. 18-g] The J&K Govt. Gazette, 4th August, 2019/13th Srav., 1941. Sun. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 4th August, 2019.

SRO-497.—- In exercise of the powers conferred by clause (b) of

section 2 of the Prisoners Act, (Samvat), 1997, the Government hereby

declares, Hut No. 211 (2 BHK) & Hut No.402 (2 BHK), Chashm-e-Shahi,

Srinagar as "Subsidiary Jail".

By order of the Government of the Jammu and Kashmir.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government,

Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sat., the 16th Nov., 2019/25th Kart., 1941. [No. 33-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—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu, the 16th of November, 2019.

S.O.-11.– Whereas, Dr. Nirmal Singh was appointed as Speaker of the Legislative Assembly of the erstwhile State of Jammu and Kashmir under section 57 of the Constitution of Jammu and Kashmir. After dissolution . 2 The J&K Govt. Gazette, 16th Nov., 2019/25th Kart., 1941. [No. 33-c –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– of the Legislative Assembly, Dr. Nirmal Singh continued as Speaker in terms of section 58 of the Constitution of Jammu and Kashmir ; and

Whereas, after enactment of the Jammu and Kashmitr Reorganization Act, 2019 with effect from 31st day of October, 2019, the appointment of Speaker of the Legislative Assembly and all other matters related to the Legislative Assembly of the Union Territory of Jammu and Kashmir are governed by sections 17 to 26 of the said Act ; and

Whereas, the President of India, while exercising his powers under section 73 of the Jammu and Kashmir Reorganization Act, 2019 has vide Order made under S. O. No. 3937 dated 31st October, 2019 suspended the provisions of sections 17 to 26 of the said Act relating to Legislative Assembly including the appointment of Speaker and his continution in office ; and

Whereas, the matter has been examined in consultation with the Learned Advocate General of the Union Territory of Jammu and Kashmir and the legal position which has emerged is that the Speaker of Legislative Assembly of the erstwhile State of Jammu and Kashmir cannot hold the said office after the reorganization of the State of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh with effect from 31-10-2019.

Accordingly, Dr. Nirmal Singh, Speaker of the Legislative Assembly of the erstwhile State of Jammu and Kashmir shall be deemed to have ceased to hold the office of Speaker of the erstwhile State of Jammu and Kashmir with effect from 31st October, 2019.

By order of the Lieutenant Governor.

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

Secretary to Government.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 19th Dec., 2019/28th Agra., 1941. [ No. 38-a –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu, the 19th December, 2019.

S. O.-38.—In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, the Government hereby appoint following officers to be the Executive Magistrate, who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Udhampur.

S. No. Name of the Officer Designation

—————————————————————————————

1 2

—————————————————————————————

S/Shri

1 Mohit Gupta Tehsildar, Udhampur

2. Ram Paul Sharma Tehsildar, Panchari 3

2 The J&K Govt.Gazette, 19th Dec., 2019/28th Agra., 1941. [No. 38-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 1 2 —————————————————————————————

3. Mukhtyar Ahmed L/A NT, Lander

By order of the Government.

(Sd.) ACHAL SETHI,

Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 24th Dec., 2019/3rd Pausa, 1941. [ No. 38-d –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—FINANCE DEPARTMENT

Notification

Jammu, the 24th of December, 2019.

S. O.-41.—In exercise of the powers conferred by sub-section (1) of

section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017,

the Government on the recommendations of the Council, is direct that in

Notification SRO-GST-2 dated 8th July, 2017, the following amendment

shall be made to the Schedule appended thereto, namely :—

"after S. No.103 and the entries relating thereto, the following S. No.

and the entries shall be inserted :—

————————————————————————————

(1)

(2) (3)

————————————————————————————

"103A 26 Uranium Ore

Concentrate" 2 The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-d ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

This notification shall be deemed to have come into force with effect

from 8th day of July, 2017 :

Provided that no refund shall be made of all such tax which has been

collected during the interregnum, which could not have been collected, had

this notification been issued.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner,

Finance Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 27th Dec., 2019/6th Pausa, 1941. [No. 39-j –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu, the 27th December, 2019.

S. O.-54.—In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, the Government hereby appoint Dr. Amir Hussain (KAS), Assistant Commissioner (Rev.), Kishtwar to be the Executive Magistrate, who shall exercise all the powers of an Executive Magistrate within his territorial jurisdiction of District Kishtwar.

The Government further in exercise of the powers conferred by sub-section (2) of section 20 of the said code appoints the aforesaid The J&K Govt. Gazette, 27th Dec., 2019/6th Pausa, 1941. [No. 39-j

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– Executive Magistrate as Additional District Magistrate within his territorial jurisdiction of District Kishtwar who shall have all the powers of District Magistrate under the said code.

By order of the Government.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

No. 45-a] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. Thu. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Judicial Administration Section)

Notification

Jammu, the 6th of February, 2020.

S.O.-51.––In exercise of the powers conferred by section 110 of the Jammu and Kashmir Goods and Services Tax Act, 2017, the Government in consultation with the Chief Justice of Common High Court of Jammu and Kashmir and in supersession of Notification SRO-298 dated 06-07-2018, appoint Shri Vinod Chatterji Koul, Member J&K Higher Judicial Service (presently heading the J&K Sales Tax Appellate Tribunal), as Judicial Member of the J&K Goods and Services Tax Appellate Tribunal constituted vide Notification SRO-447 dated 23rd October, 2017, in addition to his own duties.

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

No. 45-e] The J&K Govt. Gazette, 12th Feb., 2020/23rd Magha, 1941.Wed. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu, the 12th of February, 2020.

S.O.-55.––In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, the Government hereby appoint following officers to be the Executive Magistrates, who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Kathua :—

S. Name of the Officer Designation

No.

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

S/Shri

1. Sh. Kewal Krishan Sharma L/A NT, Hiranagar

2. Sh. Sansar Singh L/A NT, Chadwal

3. Sh. Ashok Kumar L/A NT, Sherpur

4. Sh. Jagdev Singh L/A NT, Kootah

By order of the Government.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 3rd Jan., 2020/13th Pausa, 1941. [No. 40-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HEALTH AND MEDICAL EDUCATION DEPARTMENT

Notification

Jammu, the 3rd January, 2020.

SO-02.––In exercise of the powers conferred by sub-section (4) of section 9 of the Transplantation of Human Organs and Tissues Act, 1994, the Lieutenant Governor hereby constitute an Authorization Committee for Jammu Division consisting of following, namely :—

1. Principal, Government Medical College, Jammu Convenor

2. Director, Health Services, Jammu Member 2 The J&K Govt. Gazette, 3rd Jan., 2020/13th Pausa, 1941. [No. 40-a –––––––––––––––––––––––––––––––––––––––––––––—–––—————

3. Head of Department, Immunology, Member

Government Medical College, Jammu

4. Head of Department, Surgery, Government Member

Medical College, Jammu

5. Head of Department, Medicine, Government Member

Medical College, Jammu

6. Head of Department, Ophthalmology, Member

Government Medical College, Jammu.

By order of the Lieutenant Governor of Union Territory of Jammu

and Kashmir.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner, Health and Medical Education Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HEALTH AND MEDICAL EDUCATION DEPARTMENT

Notification

Jammu, the 3rd January, 2020.

1. Principal, Government Medical College, Jammu Convenor

3. Head of Department, Immunology, Member

Government Medical College, Jammu

4. Head of Department, Surgery, Government Member

Medical College, Jammu

5. Head of Department, Medicine, Government Member

Medical College, Jammu

6. Head of Department, Ophthalmology, Member

Government Medical College, Jammu.

By order of the Lieutenant Governor of Union Territory of Jammu

and Kashmir.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner, Health and Medical Education Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 9th Jan., 2020/19th Pausa, 1941. [No. 41-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—FINANCE DEPARTMENT

Notification

Jammu, the 9th of January, 2020.

S.O.-15.—In exercise of the powers conferred under section 67 of

the Jammu and Kashmir Reorganisation Act, 2019, the Lieutenant

Governor, Union Territory of Jammu and Kashmir is pleased to delegate

his financial powers to accord Administrative Approval, Technical Sanctions

and sanction of contracts, to the Administrative Departments, Major

Heads of Departments, Class-I Officers (Other Officers) and Class-II

Officers, to the extent as indicated in Annexure-I, to this notification.

2 The J&K Govt. Gazette, 9th Jan., 2020/19th Pausa, 1941. [No. 41-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

The financial powers delegated are subject to the condition that all Codal Formalities shall be followed as per the provisions laid down in General Financial Rules, 2017, Manual for Procurement of Goods and

Services, 2017, Manual for Procurement of Works, 2019, Manual for Procurement of Consultancy and Other Services, 2017, issued by Ministry of Finance, Department of Expenditure, GoI, and, other instructions/ orders/guidelines issued by Government of Jammu and Kashmir.

By order of the Lieutenant Governor.

(Sd.) DR. A. K. MEHTA, IAS,

Financial Commissioner, Finance Department.

––––––––

No. 41-b] The J&K Govt. Gazette, 9th Jan., 2020/19th Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—

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5 10 The J&K Govt. Gazette, 9th Jan., 2020/19th Pausa, 1941. [No. 41-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 18th July, 2019/27th Asad., 1941. [No. 16-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–– HOME DEPARTMENT

Notification

Srinagar, the 18th July, 2019.

SRO-457. Whereas, on 03-08-2012, Police Station, Sumbal received an information from reliable sources to the effect that accused persons namely 1. Sajad Ahmad Navoo @ Chota Geelani S/o Mohammad Sultan Navoo 2. Hilal Ahmad Wani S/o Gh Mohammad Wani R's/o Naidkhai along with some unknown miscreants have pasted posters of banned outfit HM organization with incriminating material printed on them at Jamia Masjid Naidkhai. The contents of these posters are against sovereignty and integrity of India in which people have been urged to oppose established Government of India and State of Jammu and Kashmir ; and 2 The J&K Govt. Gazette, 18th July, 2019/27th Asad., 1941. [ No. 16-a

2. Whereas a case FIR No.116/ 2012 under section 13 UAP Act

was registered at Police Station, Sumbal and investigation was taken

up ; and

3. Whereas, during the course of investigation site plan of place of occurence was drafted and posters with incriminating contents of banned outfit HM were seized as piece of evidence and placed on record. Besides, statement of witnesses were recorded under section 164-A. Cr. P. C. statement so recorded would inter-alia, reveal that the accused persons namely 1. Sajad Ahmad Navoo @ Chota Geelani S/o Mohammad Sultan Navoo 2. Hilal Ahmad Wani S/o Gh. Mohammad Wani R's/o Naidkhai pasted these posters of HM outfit in the jurisdiction of Police Station, Sumbal to threaten general public and instigate the youth to join militant organization thereby thratening the national sovereignty and integrity. Evidence collected, prima-facie, established commission of offence punishable under section 13 UAP Act aganist 1. Sajad Ahmad Navoo @ Chota Geelani S/o Mohammad Sultan Navoo 2. Hilal Ahamd Wani S/o Gh. Mohammad Wani R's/o Naidkhai and investigation of case 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 there prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State

Government hereby accords sanction for launching prosecution against

the accused persons namely 1. Sajad Ahmad Navoo @ Chota Geelani No. 16-a] The J&K Govt. Gazette, 18th July, 2019/27th Asad., 1941. 3

S/o Mohammad Sultan Navoo 2. Hilal Ahmad Wani S/o Gh.

Mohammad Wani R's/o Naidkhai for commission of offences punishable

under section 13 of Unlawful Activities (Prevention) Act, 1967 arising out

of FIR No. 116/2012 of Police Station, Sumbal.

By order of the Government of Jammu and Kashmir.

Principal Secretary to the Government,

Home Department.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 18th July, 2019/27th Asad., 1941. [No. 16-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–– HOME DEPARTMENT

Notification

Srinagar, the 18th July, 2019.

SRO-458. Whereas, on 17-07-2015, Police Station, Zainpora received a written docket from HC Mohammad Akbar 03/SPN to the effect that he along with other police personnel of Police Station, Zainpora while patrolling reached Village Moolu Chitragam where separatists of Hurriyat (G) group namely 1. Mohd Yousuf Ganie @ Fallahi S/o Gh. Mohammad Ganie R/o Moolu Chitragam 2. Mohd Amin Ahangar S/o Gh. Hassan R/o Sangdan, Shopian 3. Nazir Ahmad Mantoo S/o Gh. Hassan 2 The J&K Govt. Gazette, 18th July, 2019/27th Asad., 1941. [ No. 16-a

R/o Kenihama, Shopian 4. Gh. Nabi Sumji and other delivered Anti National speeches/slogans and urge the youth to continue armed struggle (Askari Jadujahud), thereby causing threat to the sovereignty and integrity of the state and Country ; and

2. Whereas, a case FIR No. 49/2015 under section 13 ULAP Act

was registered at Police Station, Zainpora and investigation taken up ;

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

witnesses were recorded under sections 161 and 164-A Cr. PC. and

based on the facts and circumstances, the investigation of the case has

been concluded as challan against 1. Mohd Yousf Ganie @ Fallahi S/o

Gh. Mohammad Ganie R/o Moolu Chitragam 2. Mohd Amin Ahangar

S/o Gh. Hassan R/o Sangdan, Shopian 3. Nazir Ahmad Mantoo S/o Gh.

Hassan R/o Kenihama, Shopian 4. Gh. Nabi Sumji S/o Mohammad

Ramzan R/o Deewanbagh as proved ; and

4. Whereas, the Authority appointed by the State Government

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

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

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

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

the said accused person ; and

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

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

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

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

is sufficient material and evidence available against the accused persons

for their prosecution under the aforesaid provision of law.

6. Now, therefore in exercise of powers conferred by sub-section (2)

of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State

Government hereby accords sanction for launching prosecution against

the accused persons namely 1. Mohammad Yousf Ganie @ Fallahi S/o

Gh. Mohammad Ganie R/o Moolu, Chitragam 2. Mohammd Amin Ahanger No. 16-a] The J&K Govt. Gazette, 18th July, 2019/27th Asad., 1941. 3

S/o Gh. Hassan R/o Kenihama, Shopian 4. Gh. Nabi Sumji S/o Mohammad

Ramzan R/o Deewanbagh, Bijbehara for commission of offences

punishable under section 13 of Unlawful Activities (Prevention) Act, 1967

arising out of FIR No. 49/2015 of Police Station, Zainpora.

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. 40-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 73/ITLC

D. O. I : 17-07-2007.

D. O. A. : 07-06-2019.

_______

Atma Ram S/o Sh. Tarlok Versus 1. Managing Director, JKPCC,

Chand R/o Village Jandyal, Srinagar. Tehsil and District, Jammu

2. D. G. M., JKPCC, Panama

Chowk, Jammu.

(Petitioner)

(Respondents)

––––– 2 The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— In the Matter of :—Application for payment of un-availed earned leave

under the payment of Wages Act.

––––––

AWARD

1. The Petitioner workman filed direct petition raising Industrial Dispute under section 33 (C), sub-section (2) of Industrial Dispute Act, 1947 for recovery of the amount of leave salary due to petitioner.

2. It is stated by the workman in the petition that he was appointed as Timekeeper by respondent on 11-03-1966 and continuously remained in service till his retirement on superannuation on 31-10-2003 and thus put his service of 37 years 7 months and 20 days with respondent. That his last day drawn applicant was Rs. 7,050.00/- as basic along with COLA to the tune of Rs. 1806/- and applicant is also entitled to 306 days i. e. 10 months earned leave salary vide SRO-124 dated 17-04-1998 issued by Finance Department, J&K Government.

3. That applicant had applied for four months earned leave from 01-07-2003 to 31-10-2003 which was denied by respondent. That non- applicant respondents have sanctioned 120 days leave in favour of applicant. Whereas, applicant is entitled to un-avail 10 months leave salary under the payment of Wages Act and as per SRO-124 dated 17-04-1998.

4. That the case of applicant is covered under J&K Civil Services Leave Rules i. e. 10 months un-availed earned leave which has been extended to all the employees of Government irrespective of whether they belong to Government Department or Corporation by virtue or SRO-47 dated 05-02-l971. That applicant is entitled to 10 months leave salary to the tune of Rs. 88,560/- and further to be calculated at enhanced rate. That cause of action occurred to applicant when he retired and partly when non- applicant/respondent had not considered the application and finally prayed for direction to non-applicant to pay the un-availed leave salary to the tune of Rs. 88,560/- along with interest @ 12%.

5. After the service of notice non-applicant respondent appeared and

filed objection.

6. While controverting the application respondent/non-applicant in preliminary objection submitted that applicant is misconceived and deserves No. 40-5] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

dismissal and further submitted that respondent/non-applicant J&K Project Construction Corporation Ltd. being a body corporation limited is governed by its own rules and regulations duly passed in consonance with the prevailing schemes, and its employees permanent and temporary, whose services and

conduct are squarely governed by Jammu and Kashmir Project Corporation Employees Service Rules and Regulations which are duly adopted by respondents as JKPCC Service regulations which provides for un-availed leave call JKPCC Leave Rules.

7. Respondent further submitted that SRO issued by Finance Department dated 17-04-1998 deals with State Government Employees

whereunder they are entitled for 300 days as cash in lieu of leave salary and not the corporation employees. Whereas, JKPCC has its own leave rules which provides only for 120 days in lieu of leave salary.

8. Similarly in para-wise reply also denied the claim of applicant/

petitioner on the above stated analogy.

9. As only the legal issue is involved so the file came up for arguments.

10. I have heard the argument and gone through record.

11. Applicant petitioner through AR submitted that applicant was employed in J&K Project Construction and after rendering service of 37 years 7 months retired on superannuation as Timekeeper from non-applicant office on 31-10-2003. It is further submitted that applicant is entitled to 10

months cash in lieu of leave salary after his retirement in pursuance of SRO-124 dated 17-04-1998 by Finance Department of J&K Government. Since the J&K employees (Conduct Rule) is applicable to all employees of Government irrespective of the fact whether they belong to Government Department or Corporation/Undertakings by virtue of SRO-47 dated 05-02-1971 and therefore the employees of corporation have been decided

at par with Govt. employees under payment of Wages Act.

12. It is further submitted by the applicant that after retirement on superannuation from services applied for payment of cash in lieu of leave salary for 10 months but the respondent only made the payment of 4 months leave salary and unlawfully deducted the 6 months leave salary which is amounting to Rs. 88560/-. Applicant finally submitted that respondent be

directed to pay 10 months leave salary.

4 The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

13. In support to these arguments cited Ali Mohd. Dar and Ors V/s

Managing Director, JKPCC, Srinagar.

14. On the other hand counsel for respondent submitted that JKPCC

Ltd. being a body Corporation Ltd. is governed by its own rules and regulation

duly passed in consonance with prevailing schemes that JKPCC is run by

its employees permanent and temporary are by Government of Jammu and

Kashmir Project Employees Rules and Regulation which provides for

un-availed leave called as JKPCC Leave Rules which applies to permanent

and temporary employees. That above stated rules were open to every

employees of corporation at the time of appointment were accepted by him.

15. Ld. Counsel for respondent submits that applicant's contention

that he was entitled for 10 months cash in lieu of salary in pursuance of

SRO-124 dated 17-04-1998 issued by Finance Department is wrong as this

SRO only pertains to State Government Employees who are entitled for

300 days cash in lieu of leave salary whereas JKPCC Leave Rules provide

for only l20 days cash in lieu of leave salary. As such employees of the

JKPCC are not entitled to claim benefit under SRO-124 dated 17-04-1998

till the same Rules were adopted by JKPCC in 2008 and any employee

who has been retired before. The counsel for respondent again submitted

that in the year 2008 consequent upon the approval conveyed by the Board

of Director meeting held on 17-06-2018 under Chairmanship of Minister for

R&B sanction has been accorded for implementation of Leave Rule, TA

Rules and J&K Civil (Service) Medical Attendance Rules as applicable to

State Government Employees to the employees of Corporation w. e. f.

01-04-2008 and accordingly Order No. 82 of 2008 dated 10-07-2008 was

issued by Managing Director, JKPCC Ltd. As such the applicant was retired

from service on 31-10-2003 and above stated Leave Rule, TA Rule and

JK (Civil Service) Medical Rules applicable to State Govt. employees was

issued in the year 2008 as such applicant is not entitled for

benefit under these rules, which were implemented under No. 82 of 2008

dated 10-07-2008.

16. Ld. Counsel further stated regarding the contention that 10 months

Leave Salary benefit has been given to some employees in Srinagar is wrong.

No. 40-5] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

17. Finally submitted that petition be dismissed with devoid of any merit. In support of his arguments Ld. Counsel cited (i) LPA (SW)D-85/ 2015 titled JKPCC V/s Janak Raj Gupta (ii) State of H. P. and Ors V/s Rajesh Chander Sood 2016 (10) SCC 77.

18. After hearing the arguments advanced by the parties and from the perused of record it appears that whether the workman is entitled to leave salary of 300 day and if so whether the said claim is maintainable under section 33 (2) of I. D. A., 1947.

19. Section 33 C (2) of Industrial Disputes Act and section 15, sub-section 3 of payment of Wages Act provides and empower the Labour

Court to deal with situation where any workman is entitled to receive from the employer any money or any benefit which is capable or being computed in terms or money or any question arises as to the amount of money due or as to the amount at which such benefit should be computed then question may subject to any rule that may be made under the IDA be decided by such Labour Court as may be specified in this behalf by appropriate

Government after giving the opportunity of being heard.

20. In Krishna Prashad Gupta V/s Controller, Printing and Stationary

reported in AIR 1996 SC 408. It has been held that,—

"The character and function of the Labour Court under the Industrial Disputes Act as also the authority under payment of Wages Act are

similar in purpose and both are designed to produce the same result particularly as some of the provisions under both the Act prescribe the same thing to be done. The Industrial Disputes Act, 1947 and payment of Wages Act, 1936 are therefore "Corresponding law" qua each other particularly as both are part of the same social legislative canopy made by the Parliament for immediate amelioration of workman's

plight resulting from non-payment, or delayed payment or for that matter, short payment of their wages.".

21. In another case titled as Vijaya Bank V/s Shayam Lal AIR 2010

S. C. 3563 Hon'ble Supreme Court expressed the similar view.

22. As such in view of above stated Act and the law cited, it is safe to hold that this tribunal is competent to adjudicate the dispute raised by the

workman.

6 The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

23. It is averred by petitioner workman that he was appointed by the

respondent as Timekeeper on 11-03-1966 and continuously served in the

department of respondent till his retirement on superannuation on

31-10-2003 and his last pay was Rs. 7,050/-. Further, submitted that petitioner

is covered under JK Civil Services Leave Rules and is entitled for 300 days

cash earned leave. Whereas respondent's department has paid only 120

days leave in his favour for payment of cash in lieu of leave salary.

24. From the record it appears that it is not disputed by respondent

that petitioner was an employee of JKPCC and in the objection it also

admitted by the respondent that JK Service (Leave Rules) have been made

applicable to the employees of JKPCC w. e. f. 01-04-2008 dated

10-07-2008 and prior to that dated i. e. 01-04-2008 employees of corporation

were entitled to 120 days leave encashment and after 01-04-2008 JK Service

Leave Rules were made applicable to employees or corporation. As against

the clear admission or respondent there was no scope for this tribunal to

hold further enquiry.

25. To solve the controversy, it is profitable to reproduce SRO-124

dated 17-04-1998 which reads as under :—

"Notification

Dated Jammu, the 17th April, 1998.

SRO-124.—In exercise of the powers conferred by proviso to section

124 of the Constitution of Jammu and Kashmir, the Governor is pleased

to direct that the following amendments shall be made in the J&K

Civil Services Regulations, J&K Civil Service (Leave) Rules, 1979

and J&K Civil Services (L. T. C.) Rules, 1996 :—

II. In J&K Civil Services (Leave) Rules, 1979—

(a) The following shall be inserted as 2nd proviso below

Rule 26 (B) (1) :

"Provided that with effect from 01-07-1997, the maximum

limit for accumulation of Earned Leave shall be 300 days".

No. 40-5] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(b) The following shall be inserted as proviso below

Rule 37 (2) (1) :—

"Provided that with effect from 01-07-1997, the payment of cash equivalent or leave salary shall be limited to a maximum

of 300 days of Earned Leave".

Cash in lieu of leave salary.—(1) A Government Servant may be paid cash equivalent of leave salary in respect of period of earned leave at his credit at the time of retirement on Superannuation.

This concession will be subject to the following

conditions :—

(i) The payment of cash equivalent of leave salary shall be limited to a maximum of 240 days of earned leave ;

(ii) The cash equivalent of leave salary thus admissible will become payable on retirement and will be paid in one lump sum as a one time settlement ;

(iii) Cash payment will be equal to leave salary admissible for earned leave and dearness allowance admissible on the leave salary at the rates in vogue on the day or retirement. No other allowance like compensatory allowance, Border Allowance, Muffasil Allowance, House

Rent Allowance, or any other allowance will be admissible as apart of leave salary.

26. The purport of SRO-124 dated 17-04-1998 is that the State Government Employees regulated under the JKPCC, CSR, J&K Civil Service (Leave) Rules, 1979 and J&K Civil Service Rules (L. T. C.) is entitled to maximum limit for accumulation of earned leave of 300 days

w. e. f. 01-07-1997.

27. As per Article 82 of Sub-Clause (V) of the memorandum and Articles of Association of JKPCC, the directors shall have the powers with the sanction of the Governor, i. e. to say :—

"(V) To appoint and promote and at their discretion remove, retire or suspend such managers, secretaries, officers, clerks, agents and 8 The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

servants for permanent, temporary or special service as they may,

from time to time think fit and to determine their powers and duties

and fix their salaries and emoluments and to require security in such

installments and to such amount as they think fit provided that no

appointment, the maximum pay of which is Rs. 3000/- or more per

men sum shall be made without the prior approval of the Governor :

Provided that such appointment, retirement and removal shall be made

in accordance with the provisions of Jammu and Kashmir Civil Service

Rules, 1956, Government Servant Conduct Rules, Recruitment Rules

and other Service Rules and Regulations in force in the State from

time to time."

28. The next leg of the arguments is that JKPCC has adopted the

J&K Civil Service Rules, 1979, Civil Service (Medical Attendance and

Allowance), 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 the Jammu and Kashmir Civil Service

(Leave) Rules, 1979, Civil Services (Medical Attendance and

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

Reference :—Decision taken by the 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

Directors in its 83rd meeting held on l7-06-2008 under the Chairmanship

of Hon'ble Minister of 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

Government Employees shall henceforth apply strictly to the employees

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

No. 40-5] The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

However, cases already settled after 01-04-2008 to the date of issuance of orders shall not be reopened.

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

Managing Director,

JKPCC Ltd., Srinagar. Dated l0-07-2008."

29. Whether the petitioner who retired prior to the issuance of Order No. 82 dated 10-07-2008 is entitled to leave encashment of 10 months as leave salary. The answer would be in negative because of the reason that leave rules known as J&K Civil Service Rules (Leave Rules), 1979 has

been adopted by corporation w. e. f. 0l-04-2008. The Order No. 82 dated 10-07-2008 very much clear and is reproduced as under. :—

"The Jammu and Kashmir Civil Services (Leave) Rules, 1990 and TA Rules as applicable to the State Government Employees shall henceforth apply strictly to employees of the corporation and cases already settled after 01-04-2008 to the date of issuance of order shall not be reopened."

30. In the instant case, the petitioner has received the benefit under Leave Rules, 1979 and the same were adopted by JKPCC w. e. f. 01-04-2008. The employee on his retirement shall be entitled to leave salary of 10 months vide SRO-124 dated 17-04-l998. If an employee owns leave to credit and it will go by the contention of the petitioner that all the employee

who retired before 01-04-2008 are entitled to the benefit of leave salary of 10 months irrespective of the year of their retirement on or before 01-07-1997, which contention is not tenable.

31. The petitioner also submitted that he has been ignored of his legitimate right of leave salary of 10 months, whereas some employee of the corporation were given the leave encashment of 10 month, SRO-124

was issued on 17-04-1998 by Government of Jammu and Kashmir and the employees of State Govt. were given the benefit of Leave Salary of 10 months on superannuation w. e. f. 01-07-1997. Whereas said Rules were adopted by respondent on 10-07-2008 giving benefit of 10 months salary to its employees on their superannuation w. e. f. 01-04-2008. On this count the petitioner is not found entitled to benefit of Order No. 82 of 2008 of JKPCC

dated 10-07-2008. So far as judgment cited by petitioner which has been 10 The J&K Govt. Gazette, 7th Jan., 2020/17th Pausa, 1941. [No. 40-5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— passed by the authority under the payment of Wages Act, there is nothing on record which could have proved that whether such order of authority under payment of Wages Act, Assistant Labour Commissioner, Srinagar was challenged or not. As such petitioner has failed to prove that he is

entitled to leave salary of 10 months on his superannuation on 31-10-2003.

32. In J&K PCC Ltd., Railhead Complex, Panama Chowk, Jammu through Managing Director V/s Janak Raj Gupta in LPASW No. D85/2015 dated 23-08-2017, Hon'ble Division Bench of JK High Court held that—

"In view of the proceeding analysis, the impugned order passed by the Ld. Single Judge can't be sustained in the eye of law. However, in

view of submission made by Ld. Senior Counsel for appellant that respondent is entitled to the interest on delayed payment of leave encashment for a period of 120 days."

33. Thus in view of above discussion and the law cited, I am of the view that workman/petitioner is not entitled to the relief claimed. Accordingly, the petition deserves to be dismissed, which is dismissed. File after due

completion shall go to record.

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

Announced :

07-06-2019.

(Sd.) MOHAMMAD ALI KHAN,

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