Jammu and Kashmir Gazette, No. 20, 13 August 2020

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REGD NO. JK––33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 13th August, 2020/22nd Srav., 1942. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vernacu- lar pages

Printed at the Ranbir Government Press, Jammu.

272 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

(Office of the Registrar General at Jammu)

Notification

No. 1542 Dated 10-03-2020.

In exercise of the rule making power under Part-V of the Civil Procedure Code, 1908 and Clause (d) of sub-section 2 of section 89 of the said Code read with Section 122 of the Civil Procedure Code, 1908, Section 21 of the Family Courts Act, 1984, Section 82 of the Arbitration and Conciliation Act, 1996 and all other enabling provisions, the High Court of Jammu and Kashmir is hereby issuing the following rules :—

JAMMU AND KASHMIR MEDIATION AND

CONCILIATION RULES, 2019

1. Title.—These Rules shall be called 'The Mediation and Conciliation Rules, 2019'. The Rules would be applicable to all Mediation and Conciliation Centres functioning in the High Court of Jammu & Kashmir and the District Courts in Jammu and Kashmir, in connection with all mediation/conciliation services offered by them as also in connection with any suit or other proceeding, pending in the High Court of Jammu and Kashmir or in any Court subordinate thereto. The reference to mediation or conciliation may be made by the High Court or any other Court subordinate thereto to the Mediation Centre( s) in the High Court, District Courts and/or any Mediation Centres set up by the Courts or the Legal Services Authorities.

2. Appointment of Mediator or Conciliator.—

(a) Parties to a suit or other proceeding may agree on the name of the sole mediator or conciliator for mediating the disputes between them ;

No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 273 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

(b) Where there are two or more sets of parties and are unable to agree on a sole mediator/conciliator, each set of parties shall nominate the mediator/conciliator or the Court may nominate/ appoint the mediator/conciliator, as it deems fit ;

(c) Where parties agree on a sole mediator/conciliator under clause (a) or where the mediator/conciliator is nominated/ appointed by the court or otherwise under clause (b), the mediator/conciliator need not necessarily be from the panel of mediators/conciliators referred to in Rule 3 nor bear the qualifications referred to in Rule 4 but should not be a person who suffers from the disqualifications referred to in Rule 5 ;

(d) Where there are more than two sets of parties having diverse interests, each set shall nominate a person on its behalf and the said nominees shall appoint a sole mediator ;

3. Panel of Mediators/Conciliators.—

(a) The High Court shall, for the purpose of appointing mediators between the parties at the pre-litigation stage or in pending suits or proceedings, prepare a panel of the mediators/ conciliators and put the same on the Notice Board within thirty days of coming into force of these Rules or any changes being carried out with copy to the High Court Bar Association ;

(b) (i) The High Court or the Court of the Principal District and Sessions Judge in each District or the Courts of the Principal Judge of the City Civil Courts or Courts of equal status shall, for the purpose of appointing a mediator/ conciliator to mediate between the parties at the pre- litigation stage or in pending suits or proceedings prepare a panel of the mediators/conciliators within a period of ninety days of the commencement of these Rules and shall submit the same to the High Court for approval. On approval of the said panel by the High Court, with or without modification, which shall be done within thirty days of the submission of the panel, the same shall be published on their respective Notice Board(s) ;

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(ii) Copies of the said panel referred in clause (i) shall be forwarded to all the Courts of equivalent jurisdiction or subordinate courts referred to in sub clause (i) and to the Bar Associations attached to each of the Courts ;

(c) The consent of the persons whose names are included in the

panel shall be obtained before empanelling them ;

(d) The panel of names shall contain a detailed Annexure giving details of the qualifications of the mediators/conciliators and their professional or technical experience in different fields ;

(e) The panel of mediators/conciliators appointed under clause (a) and clause (b) shall normally be for a period of three years from the date of appointment and further extension of· the panel of mediators/conciliators or any mediator/conciliator shall be at the discretion of the High Court or the Court of the Principal District and Sessions Judge in each District or the Courts of the Principal Judge of the City Civil Courts with the approval of the High Court, as the case may be.

4. Qualification of Persons to be Empanelled under Rule 3.—The following persons may be treated as the qualified and eligible for being enlisted in the panel of mediators/conciliators under Rule 3, namely :—

(i) Retired Judges of the Supreme Court of India ;

(ii) Retired Judges of the High Court ;

(iii) Retired District and Sessions Judges of the City Civil Court or

Courts of equivalents status ;

(iv) Legal practitioners with at least ten years standing at the Bar at the level of the Supreme Court or the High Court or the District Courts or Courts of equivalent status ;

(v) Experts or other professionals with at least five years

standing ;

(vi) Institutions and persons who are themselves experts in mediation and have been recognized as such by the High Court No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 275 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

provided the names of its members are approved by the High Court initially or whenever there is change in membership.

The empanelment of any of the above shall be effected only after

their having undergone the training as per settled norms.

5. Disqualifications of Persons.—The following persons shall be deemed to be disqualified for being empanelled as mediators/ Conciliators/co-mediator/co-conciliator :—

(i) any person who has been adjudged as insolvent or is declared

of unsound mind ; or

(ii) any person against whom criminal charges involving moral turpitude are framed by the criminal court and are pending ; or

(iii) any person who has been convicted by a criminal court for any

offence involving moral turpitude ;

(iv) any person against whom disciplinary proceedings or charges, relating to moral turpitude have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment ;

(v) any person who is interested or connected with the subject matter of dispute or is related to anyone of the parties or to those who represent them, unless such objection is waived by all the parties in writing ;

(vi) any legal practitioner who has or is appearing for any of the parties in the suit or in any other suit or proceedings ;

(vii) such other categories of persons as may be notified by the High

Court.

The empanelment of any of the above shall be effected only after

their having undergone the training as per settled norms.

6. Venue for Conducting Mediation and Conciliation.—The mediator/conciliator shall conduct the mediation/conciliation at one or other of the following places :—

(1) Mediation and conciliation centers established by the High

Court ;

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(2) Venue of the Lok Adalat or Permanent Lok Adalat ;

(3) Any place identified by the High Court/Principal District Judge within the Court precincts for the purpose of conducting mediation ;

(4) Any place identified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be ;

(5) Any other place as may be agreed upon by the parties subject

to the approval of the Court.

7. Preference.—The Court shall, while nominating any person from the panel of Mediators/Conciliators referred to in Rule 3, consider his suitability for resolving the dispute(s) involved and shall give preference to those who have proven record of successful mediation/ conciliation or who have special qualification or experience in the mediation/conciliation.

8. Duty of Mediator/Conciliator to Disclose Certain Facts.—

(a) When a person is approached in connection with his proposed appointment as Mediator/Conciliator, he shall disclose any circumstance(s) likely to give rise to a justifiable doubt as to his independence or impartiality ;

(b) Every Mediator/Conciliator shall from the time of his appointment and throughout continuance of the mediation/ conciliation proceedings, without delay, disclose to the parties, about the existence of any circumstances referred to in clause (a) ;

9. Withdrawal of Appointment.—Upon information furnished by the Mediator/Conciliator under Rule 8 or upon any other information received from the parties or other persons, if the Court, in which the suit or proceeding is pending, is satisfied, that the said information has raised a reasonable doubt as to the Mediator/Conciliator's independence or impartiality, it may withdraw the appointment and replace him/her by another Mediator/Conciliator.

No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 277 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

10. Removal or Deletion From Panel.—A person whose name is placed in the panel referred to in rule 3 may be removed or his name be deleted from the said panel, by the Court which empanelled him, if :—

(i) he resigns or withdraws his name from the panel for any

reason ;

(ii) he is declared insolvent or is declared of unsound mind ;

(iii) he is a person against whom criminal charges involving moral

turpitude are framed by a criminal court and are pending ;

(iv) he is a person who has been convicted by a criminal court for

any offence involving moral turpitude ;

(v) he is a person against whom disciplinary proceedings on charges relating to moral turpitude have been initiated by appropriate disciplinary authority which are pending or have resulted in a punishment ;

(vi) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator ;

(vii) the court which empanelled, upon receipt of information, is satisfied, after conducting such inquiry as it deems fit, is of the view that it is not possible or desirable to continue the name of that person in the panel; provided that, before removing or deleting his name, under clauses (vi) and (vii), the Court shall hear the mediator/conciliator whose name is proposed to be removed or deleted from the panel, before passing the order.

11. Procedure of Mediation/Conciliation.—The following procedure shall be followed during the process of Mediation/ Conciliation :—

(a) The Mediator/Conciliator shall, at the outset, disclose the procedure/process of mediation/conciliation to the parties before commencement of mediation session ;

(b) The parties shall, at the commencement of Mediation/ Conciliation session, sign a consent form agreeing to participate 278 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

in the Mediation/Conciliation process in good faith and with the

intention to settle the dispute ;

(c) The Mediator/Conciliator shall as far as practicable follow the

procedure/ process of mediation in true letter and spirit and fix

the time schedule for completion of the Mediation/Conciliation

proceedings which shall not be for more than 90 days,

extendable with prior approval of the court/tribunal in which

the suit or proceedings may be pending ;

(d) The Mediation/ Conciliation sessions shall be held within the

premises of the Centre or such other place where the parties

to the suit or proceedings jointly agree with the Mediator/

Conciliator after taking prior approval from the Co-ordinator/

Incharge of the Centre ;

(e) The Mediator/Conciliator shall not be bound by the Indian

Evidence Act, 1872 or the Code of Civil Procedure, 1908 or

the Code of Criminal Procedure, 1973 and shall be guided by

the principles of fairness and justice, having regard to the rights

and obligations of the parties and the circumstances of the

dispute(s) ;

(f) Mediation/Conciliation shall not be limited to the issues in

dispute and the Mediator/Conciliator may take into consideration

disputes between the parties to a case not subject of the pending

litigation and facilitate resolution of all the disputes between the

parties agreed to be placed before the Mediator/Conciliator ;

(g) The Centre shall endeavour to ensure that each Mediation/

Conciliation proceedings is concluded within a period of 90

days from the date of referral or such time as may be granted

by the court ;

(h) In an appropriate case, the Centre/Mediator/Conciliator may

invite the parties other than those who are involved in the

litigation to join the Mediation/Conciliation. Such a party(ies)

shall also be bound by these rules and required to sign the

consent form as mentioned above ;

No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 279 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

(i) As soon as a referral order is received from the court by the Centre, a Mediator/Conciliator/Co-mediator/Co-conciliator shall be appointed by the Centre ;

(j) The Mediator/Conciliator may meet the parties, jointly and separately, as may be decided upon by the mediator/ conciliator ;

(k) The Mediator/Conciliator shall not be required to maintain the details of the proceedings but shall be entitled to record notes for his/her own reference only.

(l) The Mediator/ Conciliator shall fix the dates for Mediation/ Conciliation sessions and for this purpose shall give sufficient notice to the parties ;

(m) At the end of Mediation/Conciliation, if any settlement is arrived at, the Mediator/Conciliator shall draw up the settlement and shall obtain the signatures of the parties thereon along with their advocates, if represented. Any third party invited during mediation, if required, shall also sign the settlement.

(n) Settlement so recorded shall be presented to the court/tribunal

in the cases referred by it ;

(o) In case of failure to resolve the dispute, the Mediator/ Conciliator shall submit his report to the court/tribunal to the said effect without assigning reasons therefor.

12. Mediator not Bound by Indian Evidence Act, 1872 or Code of Civil Procedure, 1908.—The Mediator shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872, but shall be guided by principles of fairness and justice, having due regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute.

13. Representation of Parties and consequences of Non-

Attendance of Parties at sessions or meetings on due dates.—

(a) The parties shall ordinarily be present personally or through constituted attorney/authorized representative at the sessions or 280 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

meetings notified by the Mediator/Conciliator. The parties may be present before the Mediator/Conciliator through any electronic mode, audio-video communication, if not in a position to be personally present. However, they may be

represented by the counsel with permission of the Mediator/ Conciliator in such sessions or meetings ;

(b) The party not residing in India, may be represented by the constituted attorney at the sessions or meetings. However, it may be represented by the counsel with permission of the Mediator/Conciliator in such sessions or meetings ;

(c) If a party fails to attend a session or a meeting notified by the Mediator/ Conciliator on account of deliberate or willful act, the other party can apply to the Court in which the suit or proceeding is pending. In that case Court may issue the appropriate directions having regard to the facts and circumstances of the case.

14. Administrative Assistance.—In order to facilitate the conduct of Mediation/Conciliation proceedings, the parties, or the Mediator/ Conciliator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

15. Offer of settlement by Parties.—

(a) Any party to the suit may make a, "without prejudice" offer, to the other party at any stage of the proceedings, with notice to the Mediator/Conciliator ;

(b) Any patty to the suit may make a "with prejudice" offer, to the other patty at any stage of the proceedings, with notice to the Mediator/Conciliator ;

16. Role of Mediator/Conciliator.—The Mediator/Conciliator shall attempt to facilitate voluntary resolution of the dispute(s) by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute(s), emphasizing that it is the responsibility of the parties No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 281 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

to take decision which effect them; he shall not impose any terms of settlement on the parties.

17. Parties alone responsible for taking decision.—The parties shall be made to understand that the Mediator/Conciliator only facilitates in arriving at a decision to resolve dispute(s) and that he will not and cannot impose any settlement nor does the Mediator/Conciliator give any assurance that the Mediation/Conciliation will result in a settlement. The Mediator/Conciliator shall not impose any decision on the parties.

18. Time limit for completion of Mediation/Conciliation.—On the expiry of ninety days from the date fixed for the first appearance of the parties before the Mediator/Conciliator, the Mediation/Conciliation shall stand terminated, unless the court, which referred the matter, either suo-moto, or upon, request by any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond a further period of thirty days.

19. Parties to Act in good faith.—While no one can be compelled to commit to settle his case in advance by way of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.

20. Confidentiality, disclosure and inadmissibility of

Informationhen.—

(a) Mediator/Conciliator receives factual information concerning the dispute(s) from any party, he shall disclose the substance of that information to the other party, so that the other party may have an opportunity to present such explanation as it may consider appropriate :

Provided that, when a party gives information to the Mediator/ Conciliator subject to a specific condition that it be kept confidential, the Mediator/Conciliator shall not disclose that information to the other party.

(b) Receipt or perusal, or preparation of records, reports or other documents by the Mediator/Conciliator, while serving in that 282 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

capacity shall be confidential and the Mediator/Conciliator shall not be compelled to divulge information regarding those documents nor as to what transpired during the Mediation/ Conciliation before any court or tribunal or any other authority or any person or group of persons ;

(c) Parties shall maintain confidentiality in respect of events that transpired during the Mediation/ Conciliation and shall not rely on or introduce the said information in other proceedings as to :—

(i) views expressed by a party in the course of the Mediation/

Conciliation proceedings ;

(ii) documents obtained during the Mediation/Conciliation which were expressly required to be treated as confidential or other notes, drafts or information given by the parties or the Mediator/Conciliator ;

(iii) proposals made or views expressed by the Mediator/

Conciliator. ;

(iv) admission made by a party in the course of Mediation/

Conciliation proceedings ;

(v) the fact that a party had or had not indicated willingness

to accept a proposal ;

(d) There shall be no stenographic, audio or video recording of the

Mediation/Conciliation proceedings ;

(e) No statement of parties or the witnesses shall be recorded by

the Mediator/Conciliator.

21. Privacy.—The Mediation/Conciliation sessions or meetings would be conducted in privacy where the persons as mentioned in Rule 12 shall be entitled to represent parties. However, other persons may attend only with the permission of the parties and with the consent of the Mediator/Conciliator.

22. Immunity.—No Mediator/Conciliator/Co-mediator/Co- conciliator shall be held liable for anything bonafide done or omitted to No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 283 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

be done by him during the Mediation/Conciliation proceedings for civil or criminal action nor shall he be summoned by any party to the suit or proceeding to appear in a Court of law, give information about or to testify in regard to information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the Mediation/Conciliation proceedings.

23. Communication between Mediator/Conciliator and the

Court.—

(i) In order to preserve the confidence of parties in the Court and the neutrality of the Mediator/Conciliator, there should be no communication between the Mediator/Conciliator and the Court, except as stated in clauses (ii) and (iii) of this Rule ;

(ii) If any communication between the Mediator/Conciliator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or the constituted attorney or the counsel ;

(iii) Communication between the Mediator/Conciliator and the Court shall be limited to communication by the Mediator/ Conciliator :—

(a) with the Court about the failure of the party to attend ;

(b) with the Court about the consent of the parties ;

(c) regarding his assessment that the case is not suited for

settlement through the mediation/conciliation ;

(d) that the parties have settled the dispute(s).

24. Settlement Agreement.—

(i) Where an agreement is reached between the parties in regard to all the issues either in the suit or proceedings or some of the issues or otherwise between the parties, the same shall be reduced to writing, executed and signed by the parties or their constituted attorney. If any counsel has represented the parties, the Mediator may obtain his signature also on the settlement agreement ;

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(ii) The agreement of the parties so signed and attested shall be submitted to the Mediator who shall forward the same to the court in which the suit is pending ;

(iii) Where no agreement is arrived at between the parties or where the Mediator/Co-mediator/Co-conciliator is of the view that no settlement is possible he shall report the same to the said court in writing.

25. Court to fix a date for recording settlement and passing

order/Decree in Civil Cases.—

(1) On receipt of any settlement in a pending case if the Court is satisfied that the parties have settled their dispute(s), it shall pass appropriate decree/order in accordance with terms thereof.

(2) If the settlement disposes of only certain issues arising in the suit or proceeding, on the basis of which any order or decree is passed as stated in clause (a), the Court shall proceed further to decide the remaining issues.

26. Mediation/Conciliation in cases wherein the subject matter

involves offences covered under section 320 of the central Cr. P.

C. as well as compoundable offences under special statutes such as

section 138 of the Negotiable Instruments Act, 1881.—

A. The following procedure shall govern the process of reference of the parties to mediation by a court exercising criminal jurisdiction for settlement of criminal offences which are statutorily compoundable :—

(i) In the event that the complainant/victim and the person(s) accused are inclined to settle their disputes and seek reference to Mediation/Conciliation, the Magistrate/Court shall refer the parties to a Mediation and Conciliation Centre attached to Courts, the Mediation/Conciliation shall take place in the same manner as followed for Mediation/ Conciliation in a civil dispute as detailed in these rules ;

(ii) If a settlement is reached during the Mediation/Conciliation, the settlement agreement which is drawn-up must incorporate :—

(a) A clear stipulation as to the condition(s) precedent, if any, subject to performance of which the complainant and/or No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 285 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

the victim has agreed to compound the offence alleged to have been committed by the person accused and/or ;

(b) A stipulation regarding the voluntariness of the settlement and declaration that the executors of the settlement agreement were executing and signing the same without any kind of force, pressure and undue influence ;

(c) An unequivocal declaration that both parties have executed the agreement after understanding the terms of the settlement agreement as well as of the consequences of its breach ;

(d) A clear stipulation as to the terms of settlement, the amount (if any) which is agreed to be paid by any person accused of the offence, to the complainant and/or the victim of the offence ;

(e) A clear and simple mechanism/method of performance by the persons including timeline(s) of the conditions precedent, and the manner and mode of the payment of the agreed amount as well as the terms thereof by the person accused to the complainant/ victim of the offence as also of any other terms agreed to by the parties ;

(f) Undertakings of all parties to abide and be bound by the terms of the settlement must be contained in the agreement to ensure that the parties comply with the terms agreed upon ;

(g) A clear stipulation, if agreed upon, of the penalty which would ensure to the parties if a default of the agreed terms is committed by them, in addition to the consequences of the breach of the terms of the settlement ;

(h) The settlement agreement shall be signed (or bear thumb impression, if the party is incapacitated/unable to sign) by all parties or their authorized representatives, who shall be identified by the counsel in the matter. The counsel representing the parties would affix their signatures on the 286 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

settlement agreement which shall be then endorsed by the mediator ;

(B) The Mediator should forward a carefully executed settlement agreement to the concerned court on the date fixed, when the parties and/or their authorized representative(s) would appear before the Court.

27. Mediation in cases wherein the subject matter involves

offences which are not compoundable under section 320 of the Code

of Criminal Procedure, 1973 and other special statutes.—

(a) In any proceeding before it arising out of cases involving offences which are not compoundable under Section 320 of the Cr. P. C. or other special statutes, upon request of the parties (complainant/ victim & accused), if the ends of justice and the facts of the case so warrant, the court may refer the parties to Mediation/Conciliation of the underlying dispute(s), provided that the same do not fall in the category of cases for which exercise of powers for quashing the criminal prosecution may not be exercised ;

(b) Upon receipt of an order or referral, or its reiteration in terms of the above, the person in-charge of the mediation centre shall appoint a suitable Mediator/Conciliator having due regard to the nature of the dispute between the parties ;

(c) If a settlement is reached during the mediation, the settlement agreement which is drawn-up must incorporate all ingredients as prescribed under rule 24 above ;

(d) The Mediator/Conciliator should forward a carefully executed settlement agreement duly signed by the parties along with the report, to the referral court/parties on the date fixed. If the settlement is in a pending case, the parties or their authorised representatives would appear before the Court ;

(e) If agreed upon, the settlement shall also contain an agreement between the parties to seek appropriate orders for quashing of such offence or discharge of the accused from the High Court in accordance with law ;

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(f) Where the settlement between the parties relates to cases

pending in multiple courts, the Mediation & Conciliation Centre

shall ensure that duly authenticated copies of the settlement

agreement are placed before all the courts where such cases

are pending.

28. Mediation/Conciliation in cases wherein the subject matter

involves offences which cannot be compounded but includes

disputes between underlying parties.—

(a) These Rules shall apply to criminal cases which may of be such

a nature where the parties may not be either permitted in law

to compound the criminal case or may not be willing to

compound the criminal case but may be willing to explore the

possibility of a negotiated settlement of their underlying

disputes ;

(b) The Court before whom such a criminal prosecution is pending

may encourage the parties to seek Mediation/Conciliation so far

as the underlying dispute is concerned. In case the parties agree

for mediation of their civil disputes, the Court shall refer the

parties to Mediation/Conciliation and such Mediation/Conciliation

shall follow the same procedure as indicated for settlement of

civil disputes ;

(c) The mediator would then follow the procedure prescribed

above for mediation/conciliation in compoundable cases as per

Rule 24 above ;

(d) In case settlement of underlying disputes during a pending

criminal case is reached in Mediation/Conciliation, the referring

court shall require the Mediator/Conciliator to place such

settlement in the litigation pending between the parties which

would proceed in the matter in accordance with prescribed

procedure ;

(e) If settlement is reached regarding matters about which there

is no pending litigation, the parties would be free to seek

enforcement of the agreement reached, in accordance with law.

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29. Recording of settlement of disputes in criminal cases.— The court shall adopt the following procedure with regard to a settlement agreement received from the Mediator/Conciliator in criminal cases :—

(i) The Court shall record a statement on oath of the parties affirming the terms of the settlement; that it was entered into voluntarily, out of the free will of the parties, after fully understanding the contents and implications thereof, affirming the contents of the agreement placed before the court ; confirming their signatures thereon. A clear undertaking to abide by the terms of the settlement should also be recorded as a matter of abundant caution ;

(ii) A statement to the above effect may be obtained on affidavit. However, the court must record a statement of the parties proving the settlement agreement and the affidavit on court record ;

(iii) The Court should independently apply judicial mind and satisfy itself that the settlement agreement is genuine, equitable, lawful, not opposed to public policy, voluntary and that there is no legal impediment in accepting the same ;

(iv) Pursuant to recording of the statement of the parties, in its order, the Court should specifically accept the statement of the parties as well as their undertakings and hold them bound by the terms of the settlement terms entered into by and between them. The order should clearly stipulate that in the event of default by either party, the amount agreed to be paid in the settlement agreement will be recoverable in terms of Section 431 Cr. P. C. read with Section 421 of the Cr. P. C. and that additionally, for breach of the undertaking given, the Magistrate/ Court would take appropriate action permissible in law to enforce compliance with the undertaking as well as the orders of the court based thereon, including proceedings under section 2(b) of the Contempt of Courts Act, 1971 for violation thereof ;

(v) Upon receiving a request from the complainant, that on account of the compromise vide the settlement agreement, it is No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 289 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

withdrawing himself from prosecution, the matter has to be compounded. At this point, the Court should discharge/acquit the accused person, depending on the stage of the case. This procedure shall be followed even where the settlement terms require implementation of the terms and payment over a period of time ;

(vi) In the event that after various rounds of mediation/conciliation, the parties conclude that the matter cannot be amicably resolved or settled, information to this effect should be placed before the Court who should proceed in that case on merits, as per the procedure prescribed by law.

30. Mediation/Conciliation in cases which involve disputes

governed by the Central Family Courts Act, 1984 or pending before

Family Courts.—

(a) Where in any proceeding it appears to the Court seized of a dispute covered under Section 9 of the Family Courts Act, 1984, that there is a reasonable possibility of a settlement between the parties and that such settlement may be better facilitated through the Alternate Dispute Mechanism of Mediation/Conciliation, such Court shall record the willingness of the parties for the same and make a reference thereof to a Mediation Centre of their choice ;

(b) At the stage when a reference is made by the Family Court as above, the parties shall also be asked if they are ready and willing to refer all/any other dispute(s) between them pending before any other court for exploring the possibility of a comprehensive settlement through Mediation/Conciliation. If the parties give their consent, then the same shall be recorded and a reference of such other pending disputes between them shall also be made to a Mediation Centre of their choice ;

(c) While referring the parties for Mediation/Conciliation, it shall be open to the Court to secure the services of a Counsellor/ Psychologist/Medical Expert or such person whether related to the parties or not including a person professionally engaged in promoting the welfare of the family as the court may think fit during the course of mediation ;

290 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(d) If during the course of mediation a mediator deems necessary to involve an expert for facilitation, the Mediator may with the consent of the parties request an expert on the panel of the Mediation Centre to assist the parties in resolution of dispute during the mediation process ;

(e) In the event of failure of parties to reach a settlement, the expert shall strictly maintain confidentiality regarding the proceeding. Such expert report should not contain anything except the report of failure, and preferably only one sentence, e. g. "the parties could not agree to settle their disputes". The report of the expert shall not discuss generally or even in neutral narrative, the position of the parties or even without blaming the parties, indicating the reason for failure, unless the Court directs a detailed report to be submitted to the Court in a sealed cover ;

(f) If a settlement is reached, regarding drawing up the settlement agreement and recording thereof, the procedure in Rules 24 and 25 above shall be followed.

31. Procedure for conciliation of disputes at Pre-litigation

Stage.—

(i) Conciliation shall be In accordance with Part-III of the

Arbitration and Conciliation Act, 1996 ;

(ii) A party seeking conciliation of any matter may directly or through counsel submit his/her application seeking conciliation of any dispute on a legal size paper addressed to the Coordinator of the Concerned District Mediation and Conciliation Centre at the Reception Counter of the Centre along with one passport size photograph of the applicant and a self attested copy of the ID Proof ;

(iii) Complete address of both the parties should be mentioned in the application with e-mail address and phone numbers ;

(iv) Such particulars of lawyer(s) if any, may also be mentioned. If all or some of the parties approach jointly then each applicant's passport size photo and self attested copy of the ID Proof shall be submitted along with the application(s) ;

No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 291 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

(v) The application shall contain a concise statement from the

applicant(s) regarding the dispute and detailed particulars of all

concerned parties ;

(vi) A stamp paper of Rs. I00/- (Rupees one hundred only) for

recording consent for appointment of Conciliator be also

submitted along with the application ;

(vii) Number of copies of the application equal to the number of

parties be furnished for serving the non applicants ;

(viii) In case of Conciliation in all disputes, except matrimonial

disputes, the applicant shall deposit Rs. 1000/- (Rupees

one thousand only) as administrative charges with the

application ;

(ix) The fee of the Mediator/Conciliator is presently fixed at

Rs.20000/- (Rupees twenty thousand only) payable by either

party jointly or singly. The same shall be deposited by the

parties forthwith after they have consented to the appointment

of Conciliator ;

(x) In the case of Matrimonial Disputes, the conciliator shall be

paid the fee at the rate and in the manner applicable to the

Mediators in these Rules ;

(xi) Parties, together or singly, shall deposit Rs. 250/- (Rupees two

hundred fifty only) per sitting towards charges for the use for

conciliation of the Mediation Centre. In the case of Conciliation

in matrimonial disputes, no charges shall be payable ;

(xii) The amounts mentioned in clause (viii), (ix) and (xi) above shall

be paid either in cash or through Pay Order/Demand Draft

drawn in favour of the Registrar General, J&K High Court for

which a receipt shall be duly issued by the Centre ;

(xiii) A stamp paper of Rs.l 00/- (Rupees one hundred only) shall

be submitted for recording the terms of a "Conciliated

Settlement Agreement" if arrived at between the parties ;

292 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(xiv) Self-attested passport size photographs of all the parties shall be affixed on the "Conciliated Settlement Agreement", if any ;

(xv) Self-attested ID Proofs of all the parties shall also be attached

to the "Conciliated Settlement Agreement", if any ;

(xvi) In addition to the signatures, thumb impression of all the signatories to the "Conciliated Settlement Agreement" shall be obtained on the last page of the "Conciliated Settlement Agreement" and encircled with name(s) of the person whose thumb impression is affixed, along with proper indication of the thumb impression viz. right thumb impression (RTI) or left thumb impression (LTI), as the case may be ;

(xvii) Certified copies of the "Conciliated Settlement Agreement" may be collected after a week of the execution of the same. Copies of "Conciliated Settlement Agreement" shall be supplied to the parties and/or their counsel free of cost only once. Subsequent copies, if required shall be supplied on payment of Rs. 5/- (Rupees five only) per page and Rs. 50/- (Rupees fifty only) as Processing fee. The same shall be made available after three working days of the application ;

(xviii) In case of requirement of an expert/psychologist/counsellor, the same shall be appointed only with the written consent of the parties. The parties shall be liable to deposit Rs. 2000/ (Rupees two thousand only) per vist for such expert/psychologist/ counsellor jointly/severally ;

(xix) The coordinator may on consideration of any special circumstances of the dispute or the parties including their financial condition, waive payment of any of the charges payable under these Rules.

32. Settlement of dispute at a Pre-litigation Stage.—In the event of the parties arriving at the settlement of a dispute at a Pre- litigation stage, the settlement shall be drawn up and enforced in the manner prescribed under Section 56 of the Arbitration and Conciliation Act, 1996.

No. 20] The J&K Govt. Gazette, 13th August, 2020/22nd Srav ., 1942. 293 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

33. Fee of Mediator/Conciliator and costs.—

(i) Mediator will be paid honorarium as fixed by the High Court

which may be re- fixed, reviewed from time to time ;

(ii) Each party shall bear the costs for production of witnesses on his side including experts, or for production of documents. Costs shall be assessed by the Mediator/Conciliator ;

(iii) Where a party is entitled to legal aid under section 12 of the Legal Services Authorities Act, 1987, the amount of fee payable to the mediator and costs shall be paid by the concerned Legal Services Authority under that Act.

34. Ethics to be followed by Mediator/Conciliator.—The

Mediator/Conciliator shall,—

(i) follow and observe these rules strictly and with due

diligence ;

(ii) not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of Mediator/ Conciliator ;

(iii) uphold the integrity and fairness of the mediation process ;

(iv) ensure that the parties involved in the Mediation/Conciliation are fairly informed and have an adequate understanding of the procedural aspects of the process ;

(v) satisfy himself/herself that he/she is qualified to undertake and

complete the assignment in a professional manner ;

(vi) disclose any interest or relationship likely to affect impartiality

or which might seek an appearance of partiality or bias ;

(vii) avoid, while communicating with the parties, any impropriety

or appearance of impropriety ;

(viii) be faithful to the relationship of trust and confidentiality

imposed in the office of Mediator/Conciliator ;

294 The J&K Govt. Gazette, 13th August, 2020/22nd Srav., 1942. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(ix) conduct all proceedings related to the resolution of dispute, in

accordance with the applicable law ;

(x) recognize that Mediation/Conciliation is based on the principles of self determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement ;

(xi) maintain the reasonable expectations of the parties as to

confidentiality ;

(xii) refrain from promises or guarantees of results.

35. Transitory Provisions.—Until a panel of Mediators/Conciliators is prepared by the High Court and the District and Sessions Judge as stated in Rule 3, the Courts may nominate a Mediator/Conciliator of their choice if the Mediator/Conciliator belongs to the various classes of persons referred to in Rule 4 and is duly qualified and is not disqualified, taking into account the suitability of the Mediator/Conciliator for resolving the particular dispute(s).

(Sd.) SANJAY DHAR,

Registrar General.

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 13th Aug., 2020/22nd Srav., 1942. [ No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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–GENERAL ADMINISTRATION

DEPARTMENT.

Subject :–Guidelines for Regular Departmental Action (RDA).

–––––––

Circular No. 06-JK(GAD) of 2020

Dated 03-02-2020.

The guidelines for Regular Departmental Enquiries have been earlier

circulated by this department vide Circular No. 28-GAD of 2013 dated

27-09-2013, No. 49-GAD of 2018 dated 12-12-2018 and No. 18-GAD of

2019 dated 26-03-2019. However, it has been noticed that the guidelines

and procedures to be adopted in Regular Departmental Enquiries are still

not being followed by the departments, in letter and spirit, which defeats

the very purpose of investigation by the Investigating Agencies.

126 The J&K Govt. Gazette, 13 Aug., 2020/22nd Asad., 1942. [No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

In some cases, it has also been observed that after receiving of

recommendations from the Investigating Agencies, the department instead

of serving charge-sheet to the delinquent public servant(s) choose to appoint

"Enquiry Officer" or constitute "Enquiry Committee" at their level to decide

the matter, which is unnecessary, uncalled for and often seen as a delaying

tactic to avoid conclusion of departmental enquiries in accordance with the

rules. In many other cases, it has been observed that even after the conclusion

of departmental proceedings, Government Orders/Orders are not issued.

These acts are not only contrary to the provisions contained in the

Jammu and Kashmir Civil Services (Classification, Control and Appeal)

Rules, 1956, and Circular Instructions, issued by the General Administration

Department from time to time, but also seen as delaying tactic for conclusion

of enquiry cases. As such, the following guidelines for Regular Departmental

Enquiries are once again reiterated for the implementation by all the

departments :–

1. The Investigating Agencies-Anti Corruption Bureau (ACB) or

Crime Branch (CB), in many cases, recommend Regular

Departmental Action against delinquent public servant(s)

pursuant to which the departments are required to initiate

departmental proceedings, in accordance with the procedures

laid down in Rule 33 of J&K Civil Services (Classification,

Control and Appeal) Rules, 1956, and conclude the same in a

time bound manner. The recommendations of Investigating

Agencies invariably contain the draft Articles of Charge,

Statement of Imputations with Gist of Evidences.

2. On the basis of the inputs received from the Investigating

Agencies, the matter should be critically examined to determine

as to whether a case for initiation of departmental proceedings

is made out or not. If need arises, clarifications/more inputs

should be obtained from the Investigating Agency/GAD

(Vigilance). However, if there are any facts which require taking

a different view, the case should be referred back to the No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Sarv., 1942. 127 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Investigating Agency, along with the said facts, within four weeks

of the receipt of the recommendations ;

3. After the department arrives at a conclusion for initiation of

departmental proceedings, Articles of Charge should be framed

and served upon the delinquent officer/official, through an Office

Memo along with the Statement of Imputation, Gist of Evidences

and the details of documents on the basis of which charges

have been framed immediately. In the Office Memo, fixed time

frame be prescribed to the officer/official to file his/her

replies ;

4. Adequate opportunity should be given to the charged officer/

official to present his/her case in person or through an advocate,

and should be given access to all records/documents related to

the case and provide the same if so requested ;

5. After receiving the reply to the charges so framed against the

officer/official, same should be analyzed critically to arrive at a

conclusion whether an Inquiry Officer is required to be appointed

to inquire into the charges so framed or not ;

6. After arriving at a conclusion that such an inquiry is actually

required, an Inquiry Officer should be appointed, with the

approval of the Competent Authority, who should be given

fixed time frame to complete the inquiry and submit the report.

A Presenting Officer should also be appointed who would

present the case, on behalf of the Government, before the Inquiry

Officer ;

7. In case the Inquiry Officer fails to complete the inquiry in a time

bound manner, the matter should be reported to the GAD for

action against the officer ;

8. The report of the Inquiry Officer should then be analyzed and

examined carefully to arrive at a decision about either the

exoneration of officer/official from the charges or penalty to be 128 The J&K Govt. Gazette, 13 Aug., 2020/22nd Asad., 1942. [No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

imposed in accordance with the rules with the approval of the

Competent Authority. Further follow-up action should be taken

expeditiously by the department ;

9. During the whole process, it should be ensured that principles of

natural justice are followed and the charged officer/official is

given opportunity of being heard/given access to the records in

accordance with the prescribed rules ;

10. Where on the basis of the report of the Inquiry Officer, the

officer/official is either exonerated or imposed any of the

penalties by the Competent Authority, it should invariably be

followed by way of issuing a speaking Government Order/Order,

as the case may be, giving the chronological sequence of events

leading to such exoneration/imposition of penalty. The GAD

(Vigilance) and the Investigating Agency shall also be informed

of the action taken ;

11. The procedure prescribed under Rule 34 of Jammu and Kashmir

Civil Services (Classification, Control and Appeal) Rules, 1956,

be followed, after a provisional decision to impose any major

penalty under Rule 33 is taken, thereby, serving a show cause

notice, along with copy of proceedings prepared under

Rule 33 excluding the recommendations, if any, in regard to

punishment, made by the officer conducting the inquiry, upon

the delinquent Government servant, affording him/her an

opportunity to explain by particular date, why the proposed

penalty should not be imposed upon him/her ;

12. An opportunity of filing an appeal to a Government servant upon

whom a penalty is imposed, should be provided in accordance

with Rule 37 of Jammu and Ka shmir Civil Services

(Classification, Control and Appeal) Rules, 1956. The appeal,

so filed, should be disposed off in a time bound manner as

prescribed under rules ;

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Sarv., 1942. 129 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. The department should monitor each departmental enquiry

carefully to ensure its completion in a time bound manner

preferably within a period of three months and not more than 6

months in any case, and its outcome shared with the General

Administration Department (Vigilance).

14. The cases of the retired employees, in whose case departmental

proceedings have been recommended, should be carefully

examined in light of the Regulation 168 of the J&K CSRs,

1956 ;

It is also clarified that criminal proceedings and departmental

proceedings can be held simultaneously except in cases where the Hon'ble

Court has specifically restrained the Government from undertaking

departmental proceedings. In all such criminal cases where the criminal

proceedings have been initiated and the alleged criminal act amounts to

act(s) of misconduct and, as such, attracts the provisions of Jammu and

Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956,

the department shall take recourse and strictly adhere to the aforesaid

rules, procedures and guidelines, and institute a departmental enquiry in all

such cases.

Further, the Administrative Secretaries/Heads of Departments should

take periodical review of the vigilance cases/departmental inquiries, pending

at various stages, and issue necessary directions, as may be required, to

ensure their speedy completion. All concerned should be informed that

processing RDA cases in a timely manner is essential for good governance

and a serious view will be taken on any delay even while processing cases.

All the departments should ensure that the above guidelines/instructions

are implemented in letter and spirit.

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

Secretary to the Government.

————

130 The J&K Govt. Gazette, 13 Aug., 2020/22nd Asad., 1942. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—FINANCE DEPARTMENT.

Subject :—Initiation of attachment proceedings under section 3 of J&K

Protection of Interest of Depositors (in Financial Establishments) Act, 2012 against M/s Vikrant Financial Corporation, Rajouri Issuance of ad-interim order regarding.

————

Government Order No. 92-FD of 2020

Dated 10-03-2020.

Whereas, M/s Vikrant Financial Corporation, Rajouri was set up in

1994 and started accepting the deposits from the depositors and a large

number of people reportedly deposited their money in the said Company ;

and

Whereas, in 2015 the Company turned defaulter and the owners of

M/s Vikrant Finance Corporation refused to pay/liquidate the deposited

amounts of depositors, following which an FIR was registered U/S 420,

406, 49, 467, 468, 471, 201, 120-B RPC against the partners of M/s Vikrant

Finance Corporation, Rajouri at P/S, Crime Branch, Jammu and upon

conclusion of investigations, offences U/S 420, 406, 49, 467, 468, 471, 201,

120-B RPC were established against them and a charge-sheet was

accordingly, produced in the Court of Chief Judicial Magistrate, Rajouri,

which is reportedly still subjudice in the Hon'ble Court of Additional Sessions

Judge, Rajouri ; and

Whereas, a complaint was also filed by one Kuldeep Raj S/o Chuni

Lal R/o Village Mehataka, Tehsil Kalakote, District Rajouri and twelve

(12) others before Deputy Commissioner, Rajouri in terms of section 4 of

J&K Protection of Interest of Depositors (in Financial Establishments) Act,

2012 against partners of M/s Vikrant Finance Corporation ; and

Whereas, the matter was examined in the Home Department and

the latter observed that there were enough grounds for proceeding against

the defaulting firm in terms of section 3 of the above Act and passed on the

case file to Finance Department for taking further necessary action under

section 3 of the above Act, being the department administering the Act ;

and No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Sarv., 1942. 131 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the issue was examined in Finance Department in terms of

the above Act and Finance Department vide letter No. FD/BKG/15/2019

dated 12-04-2019 requested the Additional District Magistrate, Rajouri to

indicate the amount of money taken by M/s Vikrant Finance Corporation,

Rajouri, as deposits from the depositors along with the details of property

that may be attached under section 3 of the above Act ; and

Whereas, the Additional District Magistrate, Rajouri vide letter

No. DCR/2019-20/SQ/Actt/924 dated 08-01-2020 communicated the details

of property of the defaulters, obtained from Tehsildar, Rajouri vide No.

OQ/845 dated 20-09-2019 to be attached as under :–

S. No. Name of the Partner Property identified for attachment

—————————————————————————————

1 2

3

—————————————————————————————

1. Kewal Koul S/o Amar (i) House at proper Rajouri under Abadhi Deh.

Nath R/o Ward No. 7, However, no Girdawari is entered in revenue

Rajouri

record. He has sold the same house to one

Bashir Ahmed S/o Mohd. Din caste Gujjar

R/o Chhawa for Rs. 14.10 lacs ;

(ii) Land measuring 41/2 marlas situated at City

Rajouri (Thakar Dwara) ;

(iii) Co-share with Anmol Koul in a house

situated at proper Rajouri.

(iv) Land measuring 21/2 marlas falling under

Khasra No. 835 situated at Rampur, Rajouri.

2. Kamal Kant Gupta S/o (i) Two shops near Jhulla Bridge, Rajouri ;

Bhagat Ram R/o Ward (ii) Co-share with brothers Ravi Kant, Kamal

No. 12, Rajouri Kant and Koushal Kumar under Khasra

No. 510 (01k-09m), 432 (00k-04m) (building

of Punjab National Bank and shops),

512 (02k-02m) ;

132 The J&K Govt. Gazette, 13 Aug., 2020/22nd Asad., 1942. [No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

————————————————————————————— (iii) Co-share with brothers in land measuring

03k-19m falling under Khasra No. 28 situated

at Village Sailani, Rajouri ;

(iv) Co-share with brothers in land measuring

03 Kanals falling under Khasra No. 29

situated at Village Sailani, Rajouri.

(v) Co-share with brothers in land measuring

02k-11m falling under Khasra No. 31 situated

at Village Sailani, Rajouri.

(vi) Land measuring 10 Marlas falling under

Khasra No. 39 situated at Village Muradpur,

Rajouri existing on the name of Kamal Kant.

(vii) Co-share with brothers in land measuring

04 marlas under Khasra No. 432 min

mortgaged with J&K Bank.

3. Ashwani Kumar Sharma (i) Land measuring one Kanal falling under

S/o Ved Yyas R/o Ward Khasra No. 971 situated at Village Rampur,

No. 7, Rajouri Rajouri existing in the name of Dev Rani (wife) ;

(ii) A double storied building and Stationary

shop at Main Chowk, Rajouri City ;

(iii) A tripple storeyed building and Stationary

shop at Main Chowk, Rajouri City.

4. Rakesh Kumar Gupta Shops, residential house falling under Khasra

S/o Surinder Kumar No. 693 situated at Village Rampur, Rajouri existing

R/o Ward No. 9, in his name and in the name of Ashwani Kumar and

Rajouri Kamal Kant. Similarly, in the same Khasra, residential

building and shops existing but have not been

freezed.

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Sarv., 1942. 133 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Further, Crime Branch, Jammu, vide No. CBJ/R/FIR/CBJ/30894 dated

19-12-2019 recovered a sum of Rs. 98,49,000/- which has been deposited

in the fixed deposit in official account of SSP, Crime Branch, Jammu in

J&K Bank Branch, Link Road, Jammu.

Whereas the relevant portion of section 3 of J&K Protection of

Interest of Depositors (in Financial Establishments) Act, 2012, lays down

as under :–

"Where the Government has reason to believe that any

Financial Establishment is acting in a calculated manner

with an intention to defraud the depositors and if the

Government is satisfied that such Financial Establishment

is not likely to return the deposits or to make payments of

interest or to provide the service the Government may, in

order to protect the interest of the depositors of such

Financial Establishment, pass an ad-interim order attaching

the money or other property alleged to have been procured

either in the name of the Financial Establishment or in the

name of any other person from and out of the deposits

collected by the Financial Establishment, or if it transpires

that such money or other property is not available for

attachment or not sufficient for repayment of the deposits,

such other property of the said Financial Establishment or

the Promoter. Director, Partner or Manager or member of

the said Financial Establishment or a person who has

borrowed money from the Financial Establishment to the

extent of his default or such other properties of that person

in whose name properties were purchased from and out of

the deposits collected by the Financial Establishment, as

the Government may think fit and transfer the control over

the said money or property to the Competent Authority."

Whereas, the Government vide Government Order No. 14-FD of

2019 dated 08-01-2019 appointed Additional District Magistrate of a District 134 The J&K Govt. Gazette, 13 Aug., 2020/22nd Asad., 1942. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– as the Competent Authority in terms of section 4 of the J&K Protection of

Interest of Depositors (in Financial Establishments) Act, 2012 to exercise

control over the properties attached by the Government under section 3 ;

and

Whereas, the matter was referred to Law Department for opinion

in the matter and the latter vide No. LD(Opn) 2020/52-FIN dated

26-02-2020, opined as under :–

"Returned. Department is advised to proceed in terms of

section 3 of the Jammu and Kashmir Protection of

Interests of Depositors (In Financial Establishments) Act,

2018."

Now, therefore, in exercise of powers under section 3 of J&K

Protection of Interests of Depositors (in Financial Establishments) Act,

and without prejudice to the outcome of the case pending in any Competent

Court(s) in UT, the properties of the defaulters namely M/s Vikrant Finance

Corporation, Rajouri listed below para six (6) above are hereby attached

and accordingly, transferred to the superintendence of Additional District

Magistrate, Rajouri, being Competent Authority in the matter.

By order of the Lieutenant Governor.

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

Financial Commissioner,

Finance Department.

.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 13th Aug., 2020/22nd Srav., 1942. [ No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

————

34 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 13th Aug., 2020/22nd Srav., 1942. [ No. 20

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.

———–

THE J&K BOARD OF PROFESSIONAL ENTRANCE EXAMINATIONS

( B O P E E )

Subject :—Instructions regarding NEET PG-2020 online registration for

preparation of Provisional UT Merit List of J&K and Ladakh.

—————

Notice No. 07-BOPEE of 2020

Dated 06-03-2020.

After conduct of the NEET PG MDS/MD/MS/PG Diploma/, 2020 by

the National Board of Examinations, the results of the candidates have

been declared by the Board (NBE) on 15-01-2020 and 30-01-2020

respectively. The cut off score as notified by the NBE is as under :—

S. No. Course Cut off Merit Category

—————————————————————————————

1 2 3 4

—————————————————————————————

01 MDS 286 OM including

JKPM/CDP/Sports/

EWS 136 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

1 2 3 4

—————————————————————————————

02 MDS 250 SC/ST/OBC (RBA/

ALC/OSC)

03 MD/MS/PGD 366 OM (including

JKPM/CDP/Sports/

EWS

04 MD/MDS/PGD 319 SC/ST/OBC (RBA/

ALC/OSC)

Note :—The cut off merit shall further be subject to modification, if any,

as an when notified by the NBE/MCI/DCI.

After receipt of the result by the BOPEE from the Ministry of Health

and Family Welfare, Government of India, further process shall be initiated

by it for filling up of the seats through a process of counselling. The Board

shall be taking following steps :—

1. Online registration of candidates (up to date as may

be notified by the BOPEE), who have a ppea red in

the examination and declared successful by the National

Boa rd of Examinations, 2020 for pr epar ation of the

Provisional Merit List (PML) ;

2. Notification of the PML after the cut-off date of online

registration as may be notified by the Board ;

3. Online filling up of the preferences by the candidates for

allotment of the seats ;

4. Allotment of the seats as per rules.

Note :—As per communication No. ME-GAZ-93/2019 dated 11-02-2020

from the Health and Medical Education Department, J&K the

Administrative Council, which met under the Chairmanship of

the Hon'ble Lieutenant Governor on 29-01-2020, decided as

under :—

"Administrative Council decided that the Jammu and

Kashmir will continue with its existing scheme regarding

admissions to the NEET, Undergraduate and Postgraduate

courses and not to contribute to scheme of All India Quota

for the academic year 2020-21".

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. 137

As a consequence of the above decision of the Council, the candidates

are asked to submit/upload residence proof of J&K or Ladakh as the case may be.

The candidates, at the time of registration, are required to upload the

following documents, which should be kept ready by the candidates :—

1. Matriculation certificate for purpose of date of birth ;

2. Marks Card of 10+2 examination ; 3. MBBS/BDS degree certificate ;

4. Marks cards of all the years of MBBS/BDS ; 5. Registration with the State Medical Council/State Dental

Council/MCI/DCI ;

6. Internship completion certificate ; 7. Residence proof of J&K or Ladakh as the case may be ;

8. Valid Reserved Category Certificate, wherever applicable, in terms of SRO-294 of 2005 dated 21-10-2005 read with

SRO-518 dated 02-09-2019 ;

9. Difficult Area Certificate in pursuance of SRO-48 of 2018

dated 30-01-2018 ;

10. NEET Score Card ; 11. MCI/DCI clearance certificate for candidates possessing

MBBS/BDS degree from outside the country ;

12. NOC fr om Gover nment/Competent Author ity for

inservice candidates seeking admission to pursue MDS/

MD/MS/PGD/Courses ;

13. Affidavit, if any.

Conditions of eligibility :

1. The candidates should fulfill all the conditions of eligibility

laid down in the NEET PG Information Bulletin issued by the National Board of Examinations, 2020 and those

contained in the Information Brchure/other Notices/

Notifications as shall be uploaded by the BOPEE in this regard in due course of time ;

2. Since the Union Territory reservation policy is applicable for admission to the said courses but many candidates who

had applied from J&K must not have been able to indicate their category status like RBA/ALC/OSC/Sports/CDP/

JKPM, as such columns are not available in the NEET application form. Therefore, at the time of registration with 138 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

the BOPEE, the candidates will be provided an opportunity

to update their category status ;

3. Such candidates belonging to reserved categories should,

however, be in possession of valid category certificates

on the last date of submission of online registration forms

with the BOPEE. No certificate issued after the cut-off

date shall be entertined. Such candidates, who do possess

a valid category certificate will, subject to being eligible,

be considered as OM candidates ;

4. The candidates whose validity of the category certificates

are likely to expire after the last date of online submission

of the documents with the BOPEE, are in their own interest,

advised to have the same renewed in accordance with

the rules as the same shall be required at the time of

counselling/admissions ;

5. Candidates belonging to sports category/JKPM/CDP shall

have to obtain minimum qualifying marks as prescribed

for the OM Candidates ;

6. No "Under Process Certificate" shall be entertained under

any circumstances ;

7. The cut-off date of completion of compulsory rotatory

internship shall be 31st March, 2020. The candidates

completing internship after the said date shall not be

eligible for consideration for allotment of the seats ;

8. The candidates claiming benefit of service having served

in difficult areas shall have to obtain a certificate from

the Director, Health Services, Jammu/Srinagar on the

prescribed proforma and in accordance with SRO-48 of

2018 dated 30-01-2018. Only such candidates shall be

considered who have served in the areas notified in SRO-

201 of 2006 dated 15-06-2006 as per the condition

contained in SRO-48 of 2018. No other certificate issued

for some other purposes shall be entertained by the Board

in this regard. Copy of the SRO-201 of 2006 dated

15-06-2006 is available on the official websites of the

BOPEE viz. www.jkbopee.gov.in/jakbopee.org. ;

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. 139

9. The candidates claiming benefit under sports category shall

be considered only in case their names are forwarded by the J&K Sports Council in accordance with the rules. The list provided by the Sports Council shall only be for purposes of the shortlisting and the allotment of seat shall b e o n t h e basis of the NEET mer it. The candidates belonging to sports category should, however, upload a copy of the

certificate in support of their claim to facilitate scrutiny of the documents/the report received from the Sports Council. They should also tick the Sports Category but they shall be considered only if they figure in the list provided by the Sports Council ;

10. After making necessary entries in the recor ds of the candidates who register themselves/updating their records, BOPEE shall draw the PML out of the merit list provided by

the NBE ;

11. As the allotment of seats is to be made on the basis of merit- cum-preference, the candidates shall be required to fill in online preference forms for the said seats and colleges for which the time frame, with detailed procedures shall be notified separately ;

12. The candidates who have left the course midway/resigned after the last date fixed by the Board in this regard shall not be

eligible for consideration in pursuance of SRO-48 of 2018 dated 30-01-2018, notwithstanding their merit/having qualified the examination. Such candidates are therefore, advised not to apply for registration as it shall be treated as concealment of facts and shall make them liable to be disqualified further beyond the period prescribed under SRO-48.

Note :—

1. Mere, online registration of the candidates, with the BOPEE shall not make them eligible for consideration to be included in the PML, which shall be based on the eligibility determined in accordance with the rules ;

2. Notwithstanding the above online registration, the Board may, if it feels expedient to do so, ask any candidate to produce any

and/or all documents before the Board for scrutiny ;

140 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

3. The candidates, during the registration process, should carefully

go through any e-mails/sms being sent by the BOPEE and

received by them and take immediate necessary action as may

so be required/advised. The decision of the Board in

determination of the eligibility shall be final. Any information

furnished by the candidate if proved to be false at any stage of

admission, shall make such candidate(s) liable to be disqualified

and ineligible for further participation in the admission process ;

4. Board does not encourage the visit of the candidates to the office.

Any clarification, therefore, required, should be sought by them

through the e-mail address of the Controller of Examination

viz. [email protected]/[email protected].

However, only such requests shall be entertained and responded

which have not been clarified in the Information Brochure,

which is being uploaded in due course of time ;

5. The candidate are advised to remain in touch with the BOPEE

website. The Board shall not be responsible for any delay in the

publication of any Notification/Notice in the papers as the Board

uploads the Notification/Notices and sends the same for

publication simultaneously.

Errors and Ommissions Excepted.

(Sd.) DR. SUNIL GUPTA,

Controller of Examinations,

J&K BOPEE.

_______

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE SPECIAL COLLECTOR, DEFENCE,

UDHAMPUR.

Subject :—Notification under sections 9 & 9A of the J&K State Land

Acquisition Act, 1990 Svt.

_______

Notification

Whereas, the land whose particulars is given below is required for

public purpose namely for public purpose viz. for defence purpose, situated

at Village Omara, Tehsil and District Udhampur by Defence Estates ;

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. 141

Whereas, Government of Jammu and Kashmir, Revenue Department,

Civil Secretariat, Jammu/Srinagar vide Notification No. 10-Rev(LAJ) of

2020 dated 29-04-2020 has accorded sanction under sections 6 & 7 of

J&K State Land Acquisition Act, 1990 Svt. and directed the undersigned

to proceed further for the acquisition of below mentioned land.

Therefore, the owners/interested persons and the Indenting

Department are hereby called upon to attend this Collectorate either in

person or through an authorized agent within 15 days from the date of

publication of this notice to state the nature of their respective interests in

the land and the amount and particulars of their claims to compensation

for such interests and their objections, if any, to measurement of land.

Specifications of land

S. No. Name of Name of Name of Khasra No. Area

District Tehsil Village Old New

—————————————————————————————

K. M.

1 Udhampur Udhampur Omara 80 min 307 min 03–07

Total 03–07

(Sd.) AKHTAR HUSSAIN QAZI, KAS,

Special Collector, Defence,

Udhampur.

_______

OFFICE OF THE MEDICAL SUPERINTENDENT,

SHRI MAHARAJA GULAB SINGH HOSPITAL, JAMMU.

Smt. Palki Sharma

D/o Inderjeet Sharma

R/o Hanjana Thakra,

Tehsil Nowshera, Distt. Rajouri

Subject :—Unauthorized absent from duty under SRO-384.

_______

As reported by the Matron of this hospital, you are absent from your

legitimate duties w. e. f. 16-04-2020 onwards without any leave application/

intimation.

142 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

Whereas, Matron of this hospital has issued explanation call to resume

your duties within 2 days positively vide her office letter No. M/2020/122

dated 12-05-2020, but you have not resumed your duties till date.

As you are aware of the fact that presently due to COVID-19

Pandemic, your presence in the hospital is very important in the interest of

patient care.

You are further directed to join your duty within 3 days from the date

of issue this notice, failing which your recommendation shall be forwarded

to the higher authorities for termination of your services as you are

deliberately keeping yourself absent from duty to avoid the routine duties

being the front line warrior.

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

Medical Superintendent,

SMGS Hospital, Jammu.

_______

OFFICE OF THE MEDICAL SUPERINTENDENT,

SHRI MAHARAJA GULAB SINGH HOSPITAL, JAMMU.

Smt. Vaishnu Devi

D/o Tota Ram Thaker

R/o Village Jarr, Tehsil Paddar,

District Doda

Subject :—Unauthorized absent from duty appointed under SRO-384.

_______

As reported by the Matron of this hospital, you are absent from your

legitimate duties w. e. f. 16-04-2020 onwards without any leave application/

intimation.

Whereas, Matron of this hospital has issued explanation call to resume

your duties within 2 days positively vide her office letter No. M/2020/98

dated 06-05-2020, but you have not resumed your duties till date.

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. 143

As you are aware of the fact that presently due to COVID-19

Pandemic, your presence in the hospital is very important in the interest of

patient care.

You are further directed to join your duty within 3 days from the date

of issue this notice, failing which your recommendation shall be forwarded

to the higher authorities for termination of your services as you are

deliberately keeping yourself absent from duty to avoid the routine duties

being the front line warrior.

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

Medical Superintendent,

SMGS Hospital, Jammu.

_______

THE JAMMU AND KASHMIR STATE BOARD OF SCHOOL EDUCATION, NEW CAMPUS, BEMINA, SRINAGAR.

Notice

The candidate whose particulars are mentioned below is claiming to have lost/gutted his Original and as well as Duplicate Qualification Certificate/s issued by J&K State Board of School Education, under serial Nos. 906826 and 01495 respectively, with following particulars :—

1. Name Mehboob Qaiser Ah. Sofi

2. Parentage Bashir Ahmad Sofi

3. Residence Malla Bagh, Srinagar

4. Date of Birth 10-11-1985

5. Roll No. 821239

6. Session 2001 (Annual)

7. Result Pass

Now, the candidate has applied for "2nd Duplicate Qualification Certificate". Before, the same is processed and provided to the concerned candidate, any person/s having any objections in this regard, 144 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

may please file the same before the Secretary, BOSE or to the undersigned within a period of seven days from the date of issue of this notice.

Besides, the above referred "both Qualification Certificates" be

treated as cancelled.

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

Assistant Secretary/Deputy Secretary,

Certificates, K. Div.

_______

Notice

I, Ranbir Singh S/o Sh. Pritam Singh Prita R/o Lane No. 1, Satellite

Colony, Narwal Bye-Pass, Bathindi, Jammu declare that the name of

my daughter who is studying in 3rd Class in Presentation Convent

School, Gandhi Nagar, Jammu is wrongly written as Prapthi instead

of Prapthi Khokhar. The real name of my daughter is Prapthi Khokhar.

Objections may be filed to the school/concerned authorities.

_______

Notice

I, Jeevanjot Kour D/o S. Nirmalprit Singh R/o H. No. 91, Preet

Nagar, Digiana, Jammu do hereby solemnly affirm and declare as under

that my name was wrongly written as Jeevavjot Kour in my 12th Class

Marksheet instead of my correct name as Jeevanjot Kour.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 13th Aug., 2020/22nd Srav., 1942. [No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— 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. 10 dated 29-06-2019 floated for supply of Cyber Forensic Work Station with Dual Processor and 3 Raids (FRED SR Forensic System) is cancelled.

(Sd.)......................... Director,

Forensic Science Laboratory, J&K, Jammu.

———

36 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

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

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. 11 dated 29-06-2019 floated for supply of Ufed 4PC with Cloud Analyser and Analytic Desktop 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 Kit 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. 16 dated 06-07-2019 floated for supply of Video, Audio and Photo Authentication Softwares is cancelled.

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

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

No. 20] The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. 37 ––––––––––––––––––––––––––––––––––––––––––––––––––––––———

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 Forensic Detective 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. 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-participation, e-NIT Notice No. 13 dated 01-07-2019

floated for supply of FTK (Access Data) is cancelled.

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

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

–––––—

38 The J&K Govt. Gazette, 13th Aug., 2020/22nd Srav., 1942. [No. 20

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

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

Subject :—Cancellation of e-NIT.

———

Notice

Due to non-participation, e-NIT Notice No. 15 dated 02-07-2019 floated for supply of MCA Acquisition (Black Bag) and Black Light (Black Bag) 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-participation, e-NIT Notice No. 17 dated 06-07-2019

floated for supply of MAC Work Station 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 insufficient participation, e-NIT Notice No. 55 dated 08-07-2019 floated for supply of Forensic Vehicle Fabrication and Crime Scene Kits is cancelled.

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

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

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Mon., the 26th Aug., 2019/4th Bhad., 1941. [No. 21-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 26th of August, 2019.

SRO-509.—Whereas, on 24-08-2018, Police Station, Litter received a

written docket from SI, Vikram Kundal I/c SOG Camp, Lassipora to the effect

that he has received an information through reliable sources to the effect that

unknown militants have concealed some explosive material in the house of one

Rameez Ahmad Mir S/o Mohammad Ahsan Mir R/o Rajpora, Litter with the aim

of committing subversive activities ; and

2. Whereas, in this connection a case FIR No. 32/2018 was registered

at Police Station, Litter and investigation was taken up ; and 2 The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. [No. 21-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Whereas, during the course of investigation, search was conducted

and explosive material along with other incriminating material was recovered

from the house of accused Rameez Ahmad Mir S/o Mohammad Ahsan Mir R/o

Rajpora, Litter and seizure memo was prepared. Site plan of place of occurrence

was also prepared. The seized articles were sent to FSL for examination and

expert opinion obtained revealed that the seized articles were detonators and

explosive substances, thereby corroborating invoking of Sections 4/5 Explosive

Substances Act, 1908 S. Act in the case. Statement of witnesses acquainted

with facts and circumstances of case were recorded under relevant provisions of

law and placed on record ; and

4. Whereas, investigation further revealed that accused Rameez Ahmad

Mir S/o Mohammad Ahsan Mir R/o Rajpora, Litter is working as an OGW for an

HM militant Irfan Ahmad Rather who is his close friend and had kept this explosive

in his house for committing subversive activities in South Kashmir. Evidence

collected has prima facie established the commission of offences punishable

under section 13 UAP Act, 4/5 Explosive Substances Act, 1908 against the accused

Rameez Ahmad Mir S/o Mohammad Ahsan Mir R/o Rajpora, Litter and

investigation of case has been concluded as proved against him ; and

5. 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

6. 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 person for his prosecution under the

aforesaid provision of law.

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

section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the No. 21-a] The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——— State Government hereby accords sanction for launching prosecution against the

accused person namely Rameez Ahmad Mir S/o Mohammad Ahsan Mir R/o

Rajpora, Litter for commission of offence punishable under section 13 Unlawful

Activities Prevention Act, 1967 arising out of FIR No. 32/2018 of Police Station,

Litter.

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

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

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 3rd Oct., 2019/11th Asv., 1941. [No. 27-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—HOME DEPARTMENT

Notification

Srinagar, the 4th October, 2019.

SRO-562.—Whereas, on 13-03-2019, a written docket was received

by P/S, Devsar from Inspector, Davinder Singh, No. 115630/ARP stating

therein that it has been learnt through reliable sources that in Village Akhal, movement of terrorists have been seen who are looking out for

accomplishing terrorist acts within the area. The complainant along with his escort, 9 RR/Army, CRPF/18 Bn, SOG, Kulgam and Police Kulgam The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. [ No. 27-d

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

conducted the search of the Village Akhal. During the search operation,

one individual on seeing Police and security forces tried to flee from the spot who was apprehended. On initial questioning of the said person on

the spot, he disclosed his name as Zubair Ahmad Lone S/o Mohammad Aslam Lone R/o Check-i-Dessand, Yaripora. The said person further

affirmed that he is affiliated with the banned HM terrorist outfit and that

he along with other OGWs was assigned a task by one Farooq Ahmad Bhat @ Nali who is the District Commander of HM and other terrorists,

to create a sense of terror among the general public as well as among the electoral candidates pursuant to the forthcoming parliamentary

elections ; and

2. Whereas, a case FIR No. 14/2019, U/S 13, 18, 19, 20, 38 & 39

ULA(P) Act, 1967, stands registered in P/S, Devsar and investigation set

into motion ; and

3. Whereas, during the course of investigation, on the basis of

statement of witnesses, the seizure memos and other evidence, the Investigating Officer established a prima facie case against the accused

persons namely 1. Zubair Ahmad Lone S/o Mohammad Aslam Lone

R/o Khanpora, Chek Dessend, Yaripora, U/S 13, 19, 20 & 39 ULA(P) Act and against accused 2. Imran Rahi Dar S/o Abdul Rashid R/o

Tangdanoo, Yaripora U/S 13, 17, 19, 38 & 39 ULA(P) Act 3. Shabir Ahmad Malla S/o Mohd. Ibrahim Malla R/o Taungdanoo, Yaripora, U/S

13, 18, 19 & 39 ULA(P) Act against accused 4. Shabir Ahmad Malik

(LeT Active terrorist) S/o Abdul Ahad Malik R/o Taungdanoo, Yaripora, U/S 13, 18, 39 ULA (P) Act and against accused 5. Farooq Ahmad

Bhat @ Nali (HM Active terrorist) S/o Abdul Gani Bhat R/o Chek Dessend, Yaripora U/S 13, 18, 39 of the Unlawful Activities (Prevention)

Act, 1967 ; and

4. Whereas, during the course of investigation, the logical chain of

events evidently proves that Accused No. 1 has been actively associated

with the terrorist outfit of HM and later got active as a ful-fledged member of HM outfit, has been in constant communication with other

members of banned terrorist Organization and has facilitated the said organization by collecting funds and transporting Arms and Ammunition No. 27-d] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

from one place to another and has arranged and participated in the

terrorist meeting which involved members of other terrorist organization viz., LeT as well as to strengthen the terrorist network within the area.

The Accused No. 2 has been associated with the terrorist organization LeT and has been facilitating the terrorist activities by managing the

movement of the terrorists and their Arms and Ammunition, managing safe hide outs for the terrorists and also has been providing clothing etc.

to them. Moreover owing to his technical skills, the said accused has been

also giving training to militants and OGW's for use and installation of BBM Application. The Accused No. 3 has been associated with the

terrorist organization LeT and particularly with accused No. 04 and has facilitating the terrorists' activities by managing the movement of the

terrorists and their Arms and Ammunition. Moreover, he was the person

who informed accused No. 02 that Accused No. 04 has came back from Pakistan and accompanied accused No. 02 to receive him at Srinagar and

then together brought accused No. 04 back to Kulgam. Accused No. 05 is an active terrorist and has been instrumental in sustaining and furthering

terrorist activities ;

5. 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

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

and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities

(Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons

for their prosecution under the aforesaid provisions of law.

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

Government hereby accords sanction for launching prosecution against

4    The J&K Govt. Gazette, 3rd Oct., 2019/11th  Asv., 1941.  [ No.  27-d
–––––––––––––––––––––––––––––––––––––––––––––—–––––————–
the  accused  persons  under  sections  shown  against  each  of  Unlawful
Activities  (Prevention)  Act,  1967,  in  case  FIR  No.  14/2019  of  Police
Station,  Devsar  :—
 S.  Name  of  Accused                         Offences  U/S  of
No.                                            ULAP,  1967
––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1. Zubair Ahmad  Lone  S/o  Mohammad          U/S 13,  19, 20  &  39
    Aslam  Lone  R/o  Khanpora,  Chek          ULA(P)  Act.
    Dessend,  Yaripora
 2. Imran  Rahi  Dar  S/o Abdul  Rashid  R/o   U/S 13, 17, 19, 38 & 39
    Taungdanoo, Yaripora                       ULA(P)  Act.
 3. Shabir Ahmad  Malla S/o  Mohd  Ibrahim     U/S 13,  18, 19  &  39
    Malla R/o Tungdanoo, Yaripora              ULA(P)  Act.
 4. Shabir Ahmad Malik (LeT Active terrorist)  U/S 13, 18, 39  ULA(P)
    S/o Abdul Ahad Malik  R/o Taungdanoo,      Act.
    Yaripora
 5. Farooq  Ahmad  Bhat  @  Nali  (HM  Active  U/S 13, 18, 39 ULA(P)
    terrorist)  S/o Abdul  Gani  Bhat  R/o  Chek Act.
    Dessend,  Yaripora

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, Fri., the 4th Oct., 2019/12th Asv., 1941. [No. 27-e –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOUSING AND URBAN DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 4th October, 2019.

SRO-563.—In exercise of the powers conferred by sub-

section (2) of section 7 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby intends to exclude the Village "Sidiqabad" from the local area of Municipal Committee, Shopian :—

S. Name of the Khasra No(s).

No. Village ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Sidiqabad 746-1252 The J&K Govt. Gazette, 4h Oct., 2019/12th Asv., 1941. [No. 27-e

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

Any inhabitant of the aforesaid village, who desires to object to this proposal, may submit his/her objections in writing to the Government through Deputy Commissioner, Shopian, within a period of six weeks

from the date of publication of this notification.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to Government, Housing and Urban Development Department.

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

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 4th Oct., 2019/12th Asv., 1941. [No. 27-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE

AND PARLIAMENTARY AFFAIRS

(Acquittal Section)

Notification

Srinagar, the 04th October, 2019.

SRO-564.—In exercise of the powers conferred by sub-section (1) of section 492 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint Shri Abdul Rashid Thoker, Public Prosecutor, Pulwama as Special Public Prosecutor to conduct the cases titled mentioned below.

The J&K Govt. Gazette, 4th Oct., 2019/12th Asv., 1941. [No. 27-f

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

1. State vs Mohammad Yaqoob Rather involving offences punishable under section 302 RPC, FIR No. 103/2013, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

2. State vs Manzoor Ahmad Sheikh & Ors involving offences punishable under section 15/18 NDPS Act, FIR No. 211/2011, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

3. State vs Mukhtar Ahmad Bhat involving offences punishable under section 15/18 NDPS Act, FIR No. 73/2010, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

4. State vs Suhail Gani Dar involving offences punishable under section 376 RPC, FIR No. 77/2014, P/S, Awantipora, before the Court of Additional Sessions Judge, Pulwama ;

5. State vs Irshad Ahmad Dar involving offences punishable under section 302 RPC, FIR No. 173/2007, P/S, Awantipora, before the Court of Additional Sessions Judge, Pulwama ;

6. State vs Ashiq Hussain & Ors involving offences punishable under section 8/22 NDPS Act, RPC, FIR No. 110/2011, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

7. State vs Showkat Ahmad Khan involving offences punishable under section 307 RPC, FIR No. 260/2015, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

8. State vs Farooq Ahmad Khan & Anr involving offences punishable under section 8/20 NDPS Act, FIR No. 109/2011, P/S, Awantipora, before the Court of Additional Sessions Judge, Pulwama ;

9. State vs Tariq Ahmad Wagay involving offences punishable under section 15/18 NDPS Act, FIR No. 81/2010, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

10. State vs Sayar Ahmad Dar & Ors involving offences punishable under section 15/18 NDPS Act, FIR No. 180/2012, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

No. 27-f] The J&K Govt. Gazette, 4th Oct., 2019/12th Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

11. State vs Rasheed Mir & Ors involving offences punishable under section 8/20 NDPS Act, FIR No. 293/2009, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama ;

12. State vs Shameem Ahmad Wani involving offences punishable under section 15/18 NDPS Act, FIR No. 240/2009, P/S, Pulwama, before the Court of Additional Sessions Judge, Pulwama.

By order of the Government of Jammu and Kashmir.

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

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 4th Oct., 2019/12th Asv., 1941. [No. 27-g –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 4th October, 2019.

SRO-565.—Whereas, on 20-02-2019 Police Station, Zainpora

received an information through reliable sources to the effect that accused

Shamas-u-Din Mir S/o Ab. Khaliq Mir R/o Safanagri, Zainpora has constructed a hideout in his cowshed for terrorists of HM outfit, so that

the terrorists can hide there to carry out terrorist subversive activities ; and The J&K Govt. Gazette, 4th Oct., 2019/12th Asv., 1941. [No. 27-g

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

2. Whereas, a case FIR No. 11/2019, U/S 19 ULA(P) Act, 1967

was registered at Police Station, Zainapora and investigation initiated ;

and

3. Whereas, during the course of investigation, on the basis of

statements of witnesses, the seizure memos and other evidence,

Photography of the hideout was conducted and from the hideout arms/

ammunition viz. 01 AK-MAG,12 AK round and a Pouch were recovered,

the Investigating Officer established a prima facie case against the

accused person namely ; Shamas-u-Din Mir S/o Ab. Khaliq Mir R/o

Safanagri, Zainpora under section 7/25 A. Act and 19 of the Unlawful

Activities (Prevention) Act 1967 ; 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 person

for his prosecution under the aforesaid provisions of law.

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

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

Government hereby accords sanction for launching prosecution against

the accused persons namely Shamas-u-Din Mir S/o Ab. Khaliq Mir R/o

Safanagri, Zainpora for the commission of offences punishable No. 27-g] The J&K Govt. Gazette, 4th Oct., 2019/12th Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

U/S 19 of Unlawful Activities (Prevention) Act, 1967 arising out of

FIR No. 11/2019 of P/S, 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, Wed., the 9th Oct., 2019/17th Asv., 1941. [No. 27-h –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 9th October, 2019.

SRO-566.—Whereas, on 26-04-2019 some unknown militants fired

upon Sentry on duty Constable Feroz Ahmads No. 2035/S of Police Post,

Chanaporas Srinagar who was critically injured due to bullets received on his body. The militants took advantage of darkness and managed to flee

from the spot. The injured constable of Police Post, Chanapora, Srinagar was immediately shifted to Hospital for treatment ; and The J&K Govt. Gazette, 9th Oct., 2019/17th Asv., 1941. [No. 27-h

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

2. Whereas a case FIR No. 79/2019, U/S 307 RPC, 7/27 A. Act

was registered in P/S, Sadder, Srinagar and investigation of the case was taken up ; and

3. Whereas, during investigation accused Junaid Ahmad Dar S/o Mohammad Shafi Dar R/o Balpora, Wathoora, Chadoora was arrested

who disclosed that his associate Mushtaq Ahmad Rather S/o Ali

Mohammad Rather R/o Bunahara, Wathoora, Chadoora on the directions of JeM Militant Sameer Ahmad Dar S/o Mohd Subhan Dar R/o Kakapora,

Pulwama (absconding) made a conspiracy to attach Police Post, Chanapora. Accordingly, accused Mushtaq Ahmad Rather was also

arrested, the accused disclosed that he along with other accused Junaid and Lateef Ahmad on the directions of accused Sameer Ahmad have

conspired to kill the Sentry on duty in order to snatch the weapon from

him and in furtherance of the conspiracy he fired on the sentry with his pistol and Junaid tried to snatch the weapon and Lateef Ahmad was

waiting on his motorcycle. Also, during investigation, arms/ammunition has been recovered which include, pistol, pistol meg 02 Nos., pistol pouch,

six live rounds of pistol and four empty cartridges ; and

4. Whereas, the investigation conducted, prima facie, established the commission of offence punishable U/S 307, 325 RPC, 7/27 A. Act 13,

18, 20, 38, 39 of the Unlawful Activities (Prevention) Act, 1967, against the accused persons namely ; 1. Junaid Ahmad Dar S/o Mohammad

Shafi Dar R/o Balpora, Wathoora, Chadoora (militant of JeM), 2. Mushtaq

Ahmad Rather S/o Ali Mohammad Rather R/o Bunahara, Wathoora, Chadoora (militant of JeM) 3. Lateef Ahmad Dar S/o Farooq Ahmad Dar

R/o Bunahara, Wathoora, Chadoora and 4 Sameer Ahmad Dar S/o Mohd Subhan Dar R/o Kakapora, Pulwama (absconding) ; and

5. 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 No. 27-h] The J&K Govt. Gazette, 9th Oct., 2019/17th Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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

and also taking into consideration the observations/view of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities

(Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons

for their prosecution under the aforesaid provisions of law.

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

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

Government hereby accords sanction for launching prosecution against the accused persons namely ; 1. Junaid Ahmad Dar S/o Mohmnmad

Shafi Dar R/o Balpora, Wathoora, Chadoora 2. Mushtaq Ahmad Rather S/o Ali Mohammad Rather R/o Bunahara, Wathoora, Chadoora 3. Lateef

Ahmad Dar S/o Farooq Ahmad Dar R/o Bunahara, Wathoora, Chadoora

and 4. Sameer Ahmad Dar S/o Mohd Subhan Dar R/o Kakapora, Pulwama (absconding) for the commission of offences punishable U/S 13

(2), 18, 20, 38 & 39 of Unlawful Activities (Prevention) Act, 1967, in case FIR No. 79/2019 of Police Station, Sadder, Srinagar.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government,

Home Department.

No. 30-a] The J&K Govt. Gazette, 24th Oct., 2019/2nd Krit., 1941. Tue. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

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

Notification

Srinagar, the 24th October, 2019.

SRO- 640.— In exercise of the powers conferred by clause (g) and (h) of the section 2 of the Jammu and Kashmir Board of Professional Entrance Examination Act, 2002, the Governor hereby directs that notification SRO 505 dated 20-08-2019 shall take effect from the academic Session, 2020-21.

By order of the Governor 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, Fri., the 25th Oct., 2019/3rd Kart., 1941. [No. 30-aaau –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Srinagar, 25th of October, 2019.

SRO-800.—In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the [Government Medical College, Kathua (Gazetted) Service], Union Territory of Jammu and Kashmir, shall comprise the posts as indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner, Health and Medical Education Department.

––––––––

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

Schedule-I to SRO-793 dated 25-10-2019

S. Name of the Number Pay Pay Cadre

No. post of posts Level Structure

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

1 2 3 4 5 6

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

1 Office Incharge 1 Level-13 (123100-215900)+12000 UT

(Principal/Dean)

2 Coordinator (Head 1 Level-13 (123100-215900) UT

of a Department

nominated by

Principal/Dean)

1 DEPARTMENT OF ANATOMY :

1    Professor           1 Level-13 (123100-215900)        UT
2    Associate  Professor/ 1 Level-12 (78800- 209200)      UT
     Reader
3    Assistant  Professor/ 2 Level-11 (67700-208700)       UT
     Lecturer
4    Tutors/Demonstrators 4 Level-09 (52700-166700)        UT

2 DEPARTMENT OF PHYSIOLOGY :

1    Professor           1 Level-13 (123100-215900)        UT
2    Associate  Professor/ 1 Level-12 (78800-209200)       UT
     Reader
3    Assistant  Professor/ 2 Level-11 (67700-208700)       UT
     Lecturer
4    Tutors/Demonstrators 4 Level-09 (52700-166700)        UT

3 DEPARTMENT OF BIOCHEMISTRY :

1 Professor 1 Level-13 (123100-215900) UT No. 30-aaau] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 2 Associate Professor/ 1 Level-12 (78800-209200) UT

Reader

3 Assistant Professor/ 1 Level-11 (67700-208700) UT

Lecturer

4 Tutors/Demonstrators 4 Level-09 (52700-166700) UT

4 DEPARTMENT OF PATHOLOGY :

1    Professor           1 Level-13 (123100-215900)        UT
2    Associate  Professor/ 3 Level-12 (78800-209200)       UT
     Reader
3    Assistant  Professor/ 3 Level-11 (67700-208700)       UT
     Lecturer
4    Tutors/Demonstrators 4 Level-09 (52700-166700)        UT

5 DEPARTMENT OF MICROBIOLOGY :

1    Professor           1 Level-13 (123100-215900)        UT
2    Associate  Professor 1 Level-12 (78800-209200)        UT
3    Assistant  Professor 2 Level-11 (67700-208700)        UT
4    Tutors/Demonstrators 3 Level-09 (52700-166700)        UT

6 DEPARTMENT OF PHARMACOLOGY :

1    Professor           1 Level-13 (123100-215900)        UT
2    Associate  Professor/ 1 Level-12 (78800-209200)       UT
     Reader
3    Assistant  Professor/ 2 Level-11 (67700-208700)       UT
     Lecturer
4    Tutors/Demonstrators 2 Level-09 (52700-166700)        UT

7 DEPARTMENT OF FORENSIC MEDICINE :

1 Professor 1 Level-13 (123100-215900) UT 4 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aaau –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 2 Associate Professor/ 1 Level-12 (78800-209200) UT

Reader

3 Assistant Professor/ 1 Level-11 (67700-208700) UT

Lecturer

4 Tutors/Demonstrators 2 Level-09 (52700-166700) UT

8 DEPARTMENT OF COMMUNITY MEDICINE :

A COMMUNITY MEDICINE :

1    Professor           1 Level-13 (123100-215900)         UT
2    Associate  Professor/ 2 Level-12 (78800-209200)        UT
     Reader
3    Assistant  Professor/ 2 Level-11 (67700- 208700)       UT
     Lecturer
4    Epidemiologist-cum- 1 Level-09 (52700-166700)          UT
     Assistant  Professor
5    Statistician-cum-   1 Level-09 (52700-166700)          UT
     Assistant  Professor
6    Tutors/Demonstrators 4 Level-09 (52700-166700)         UT

B STAFF FOR RURAL TRAINING HEALTH CENTRE

(INCLUDING FIELDWORK AND EPIDEMIOLOGICAL

STUDIES) :

1    Medical  Officer  of 1 Level-11 (67700-208700)          UT
     Health-cum-Lecturer/
     Assistant  Professor
2    Lady  Medical  Officer 1 Level-09 (52700-166700)        UT

C URBAN TRAINING HEALTH CENTRE :

1 Medical Officer of 1 Level-11 (67700-208700) UT

Health-cum-Lecturer/

Assistant Professor No. 30-aaau] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 2 Lady Medical Officer 1 Level-09 (52700-166700) UT

9 DEPARTMENT OF GENERAL MEDICINE

A GENERAL MEDICINE :

1    Professor           1 Level-13 (123100-215900)         UT
2    Associate  Professor/ 3 Level-12 (78800-209200)        UT
     Reader
3    Assistant  Professor/ 4 Level-11 (67700-208700)        UT
     Lecturer
4    Tutor/Registrar/Senior 6 Level-09 (52700-166700)       UT
     Resident
5    Junior  Residents   12 Level-09 (52700-166700)         UT

B TUBERCULOSIS AND RESPIRATORY DISEASES :

1    Professor           1 Level-13 (123100-215900)         UT
2    Associate  Professor/ 1 Level-12 (78800- 209200)       UT
     Reader
3    Assistant  Professor/ 1 Level-11 (67700-208700)        UT
     Lecturer
4    Tutor/Registrar/    2 Level-09 (52700-166700)          UT
     Senior  Resident
5    Junior  Residents   3  Level-09 (52700-166700)         UT

C DERMATOLOGY VENEREOLOGY AND LEPROSY :

1    Professor           1 Level-13 (123100-215900)        UT
2    Associate  Professor/ 1 Level-12 (78800-209200)       UT
     Reader
3    Assistant  Professor/ 1 Level-l1 (67700-208700)       UT
     Lecturer
4    Tutor/Registrar/Senior 2 Level-09 (52700-166700)      UT
     Resident

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

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 5 Junior Residents 3 Level-09 (52700-166700) UT

D PSYCHIATRY :

1    Professor           1      Level-13 (123100-215900)   UT
2    Associate  Professor/ 1    Level-12 (78800- 209200)   UT
     Reader
3    Assistant  Professor/ 1    Level-11 (67700-208700)    UT
     Lecturer
4    Tutor/Registrar/Senior 2   Level-09 (52700-166700)    UT
     Resident
5    Junior  Residents   3      Level-09 (52700-166700)    UT

10 DEPARTMENT OF PAEDIATRICS :

1    Professor           1      Level-13 (123100-215900)   UT
2    Associate  Professor/ 1    Level-12 (78800- 209200)   UT
     Reader
3    Assistant  Professor/ 2    Level-11 (67700-208700)    UT
     Lecturer
4    Tutor/Registrar/Senior 3   Level-09 (52700-166700)    UT
     Resident
5    Junior  Residents   6      Level-09 (52700-166700)    UT
6    Child Psychologist  1      Level-09 (52700-166700)    UT

11 DEPARTMENT OF GENERAL SURGERY :

1    Professor           1      Level-13 (123100-215900)   UT
2    Associate  Professor/ 3    Level-12 (78800-209200)    UT
     Reader
3    Assistant  Professor/ 4    Level-11 (67700-208700)    UT
     Lecturer

No. 30-aaau] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 4 Tutor/Registrar/Senior 6 Level-09 (52700-166700) UT

Resident

5 Junior Residents 12 Level-09 (52700-166700) UT

12 DEPARTMENT OF ORTHOPEDICS :

1    Professor           1      Level-13 (123100-215900)   UT
2    Associate  Professor/ 1    Level-12 (78800-209200)    UT
     Reader
3    Assistant  Professor/ 2    Level-11 (67700-208700)    UT
     Lecturer
4    Tutor/Registrar/Senior 3   Level-09 (52700-166700)    UT
     Resident
5    Junior  Residents   6      Level-09 (52700-166700)    UT

13 DEPARTMENT OF OTO-RHINO-LARYGOLOGY (ENT) :

1    Professor           1      Level-13 (123100-215900)   UT
2    Associate  Professor/ 1    Level-12 (78800- 209200)   UT
     Reader
3    Assistant  Professor/ 1    Level-11 (67700-208700)    UT
     Lecturer
4    Tutor/Registrar/Senior 2   Level-09 (52700-166700)    UT
     Resident
5    Junior  Residents   3      Level-09 (52700-166700) UT

14 DEPARTMENT OF OPHTHALMOLOGY :

1    Professor            1     Level-13 (123100-215900) UT
2    Associate  Professor/ 1    Level-12 (78800- 209200) UT
     Reader
3    Assistant  Professor/ 1    Level-11 (67700-208700) UT
     Lecturer
4    Tutor/Registrar/Senior 2   Level-09 (52700-166700) UT
     Resident

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

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 5 Junior Residents 3 Level-09 (52700-166700) UT

15 DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY :

1 Professor 1 Level-13 (123100-215900) UT

2 Associate Professor/ 2 Level-12 (78800-209200) UT

Reader

3 Assistant Professor/ 3 Level-11 (67700-208700) UT

Lecturer

4 Tutor/Registrar/Senior 3 Level-09 (52700-166700) UT

Resident

5 Junior Residents 6 Level-09 (52700-166700) UT

6 Antenatal Medical 1 Level-11 (67700-208700) UT

Officer-cum-Lecturer/ Assistant Professor

7 Maternity and Child 1 Level-11 (67700-208700) UT

Welfare Officer-cum- Lecturer/Assistant Professor

16 DEPARTMENT OF RADIO-DIAGNOSIS :

1    Professor           1      Level-13 (123100-215900) UT
2    Associate  Professor/ 1    Level-12 (78800-209200) UT
     Reader
3    Assistant  Professor/ 1    Level-11 (67700- 208700) UT
     Lecturer
4    Tutors/Registrars/  5      Level-09 (52700-166700) UT
     Senior  Residents

17 DEPARTMENT OF RADIO-THERAPY (OPTIONAL) :

1    Professor           1     Level-13 (123100-215900) UT
2    Associate  Professor/ 1   Level-12 (78800-209200) UT
     Reader

No. 30-aaau] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Assistant Professor/ 2 Level-11 (67700-208700) UT

Lecturer

4 Tutors/Registrars 3 Level-09 (52700-166700) UT

18 DEPARTMENT OF ANAESTHESIOLOGY :

1    Professor           1      Level-13 (123100-215900) UT
2    Associate  Professor/ 2    Level-12 (78800-209200) UT
     Reader
3    Assistant  Professor/ 3    Level-11 (67700-208700) UT
     Lecturer
4    Tutors/Registrars/  8      Level-09 (52700-166700)   UT
     Senior  Residents

19 DEPARTMENT OF PHYSICAL MEDICINE AND

REHABILITATION (OPTIONAL) :

1    Associate  Professor 1     Level-12 78800-209200      UT
2    Assistant  Professor/ 1    Level-11 67700-208700      UT
     Lecturer
3    Senior  Residents   2      Level-09 52700-166700      UT
4    House  Surgeon/     1      Level-09 52700-166700      UT
     Junior  Resident

20 DEPARTMENT OF DENTISTRY :

1    Professor            1     Level-13 (123100-215900) UT
2    Associate  Professor/ 1    Level-12 (78800- 209200) UT
     Reader
3    Assistant  Professor/ 1    Level-11 (67700-208700) UT
     Lecturer
3    Tutor/Registrar/Senior 2   Level-09 (52700-166700) UT
     Residents

21 BLOOD BANK :

1 Professor/Reader 1 Level-13 (123100-215900) UT 10 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aaau –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 2 Lecturer 1 Level-09 (52700-166700) UT

A CENTRAL RECORD SECTlON :

1 Medical Record 1 Level-08 (47600-151100) UT

Officer

B CENTRAL ANIMAL HOUSE :

1 Veterinary Officer 1 Level-09 (52700-166700) UT

C CENTRAL LIBRARY :

1 Librarian 1 Level-08 (47600-151100) UT

22 MEDICAL EDUCATION UNIT :

1    Deputy  Director  (P&S) 1  Level-09 (52700-166700) UT
2    Assistant  Director  (P&S) 1 Level-08 (47600-151100) UT
3    Chief  Accounts      1     Level-09 (52700-166700) UT
     Officer
4    Public  Law  Officer 1     Level-08 (47600-151100) UT
5    Administrative  Officer 1  Level-08 (47600-151100) UT
6    Sports  Officer      1     Level-08 (47600-151100) UT

23 CENTRAL CASUALTY SERVICES :

1 Casualty Medical 12 Level-09 (52700-166700) UT

Officer ____

Grand Total 269

––––

(Sd.) JAVAID AHMAD MALIK, kAS,

Under Secretary to Government, Health and Medical Education Department.

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

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

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

PART I-B

Jammu and Kashmir Government—Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 28th of October, 2019.

SRO-935.–In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Police (Gazetted) Service for the Union Territory of Jammu and Kashmir upon exclusion of the posts of Union Territory of Ladakh, shall comprise the posts as indicated in Schedule- I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government, Home Department.

––––––

2 The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. [No. 30-aaaa –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– Schedule-1 to SRO-935 of 2019 dated 28-10-2019.

S. Name of the post Number Pay Band/Scale Cadre No. of Posts of the post with Grade Pay ————————————————————————————————— 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– General Executive Cadre :

1. Superintendent of Police 198 Level -11 (67700-208700) UT

2. Deputy Superintendent of 546 Level-8 (47600-151100) UT

Police

Telecommunication Cadre :

3.   Director, Telecom.          1      Level-13A (131100-216600) UT
4.   Superintendent of           9      Level -11 (67700-208700)   UT
     Police Telecom.
5.   Deputy Superintendent       34     Level-8 (47600-151100)     UT
     of  Police Telecom.

Ministerial Cadre :

6.   Superintendent of           3      Level -11 (67700-208700)   UT
     Police (M)
7.   Deputy Superintendent       43     Level-8 (47600-151100)     UT
     of  Police (M)

Stenography Cadre :

8.   Superintendent of Police (S) 3      Level -11 (67700-208700)   UT
9.   Deputy Superintendent       36      Level-8 (47600-151100)     UT
     of  Police (S)

Police Transport Workshop Cadre :

10.  Superintendent of Police   2      Level -11 (67700-208700)  UT
     (PTWS)
11.  Deputy Superintendent      4      Level-8 (47600-151100)    UT
     of  Police (PTWS)

Arms/Ammunition Cadre :

12. Superintendent of Police 1 Level -11 (67700-208700) UT

Arms/Ammunition

Photography Cadre :

13. Deputy Superintendent 1 Level-8 (47600-151100) UT

of Police (Photo)

Accounts Wing :

14.  Chief Accounts Officer      1      Level-12 (131100-216600)  UT
15.  Accounts Officer            32     Level-8 (47600-151100)    UT

No. 30-aaaa] The J&K Govt. Gazette, 28th Oct., 2019/6th Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Planning and Statistics Wing :

16. DD (Plg. STS.) 1 Level -11 (67700-208700) UT

17. AD 1 Level-8 (47600-151100) UT

Engineering Wing :

18.  Ex  Engg.                  1      Level-12 (78800-2019200)  UT
19.  AEE                        5      Level-8 (47600-151100)    UT

Public Relations Wing :

20.  Spl. Asstt.                 1      Level-8 (47600-151100)    UT
21.  Editor                      1      Level-8 (47600-151100)    UT
22.  PRO                         2      Level-8 (47600-151100)    UT

Medical Wing :

23. Medical Superintendent 2 Level-12 (78800-2019200) UT

24. Doctor 99 Level -11 (67700-208700) UT

(Sd.) RASHID RAINA, KAS,

Under Secretary to Government, Home Department.

No. 36-d] The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. Mon. —————————————————————————————————

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 9th December, 2019.

S. O.-26.— In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, the Government hereby appoints following officers to be the Executive Magistrates, who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Srinagar :—

S. No. Name of the officer Designation ————————————————————————————––

S/Shri

1. Mr. Mohammad Latief Sofi I/c Naib-Tehsildar, Chattabal

2. Mr. Manzoor Ahmad Qureshi I/c Naib-Tehsildar, HMT

By order of the Government.

(Sd.) ACHAL SETHI,

Secretary to Government,

Department of Law, Justice and Parlimentary Affairs.

No. 36-h] The J&K Govt. Gazette, 9th Dec., 2019/18th Asv., 1941. Mon. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

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

Notification

Jammu, the 9th December, 2019.

S. O.–28.— In exercise of the powers conferred by section 24 of the Code of Criminal Prodedure, 1973, the Notification SRO-423 dated 20-10-2014 is hereby rescinded with immediate effect.

(Sd.) ACHAL SETHI,

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

No. 37-c] The J&K Govt. Gazette, 16th Dec., 2019/25th Agra., 1941. Mon.

——————————————————————————––––––––––––– EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—FINANCE DEPARTMENT

Notification

Jammu, the 16th December, 2019.

S. O.-37.— In exercise of the powers conferred by section 5 of the Jammu and Kashmir Levy of Tolls Act, Samvat 1995 (Act No.VIII of 1995), the Government hereby exempt from payment of levy of toll leviable under the said Act, on import/export of sand/bajri/gravel and their allied products into/from the Union Territory of Jammu and Kashmir up to 31-03-2020 or till further orders, whichever is earlier.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner,

Finance Department.

No. 13-a] The J&K Govt. Gazette, 25th June, 2020/4th Asad., 1942. Thu. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– –– 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 25th June, 2020.

S.O.-202.––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 (XIII of 1996), read with sub-section (1) of section 19 of the Jammu and Kashmir Agrarian Reforms Act, 1976 and in supersession of all previous notifications, the Government hereby confer upon Shri Hashmat Ali Khan, KAS, Joint Financial Commissioner, Agrarian Reforms, Jammu and Kashmir the powers of Financial Commissioner (Revenue) and Commissioner, Agrarian Reforms to be exercised by him within the Union Territory of Jammu and Kashmir for purposes of hearing and disposing of Appeals and Revisions under the Jammu and Kashmir Land Revenue Act, Samvat 1996 (1939 AD) and Jammu and Kashmir Agrarian Reforms Act, 1976, for the

cases transferred to him by the Financial Commissioner, Revenue.

By order of the Government of Jammu and Kashmir.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 23rd July, 2019/1st Srav., 1941. [No. 16-n –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 23rd July, 2019.

SRO-470.–Whereas, on 28-10-2018, Police Station, Pulwama received an information that a bullet riddled dead body of one Imtiyaz Ahmad Mir S/o Jala-u-Din R/o Sontubugh, Pulwama who working as a Sub-Inspector in Police Department is lying at Village Wahibugh near Romshi Nala ; and

2. Whereas, a case FIR No. 288 of 2018 under sections 302, 120-B RPC, 7/27 A. Act, 13, 18 of Unlawful Activities 2 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-n –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– (Prevention) Act,1967 was registered at Police Station,

Pulwama and investigation was taken up ; and

3. Whereas, during the course of investigation, on the basis of

statements of witnesses, the seizure memos and other evidence, the

Investigating Officer established a prima facie case against the accused

persons namely, Mst. Saika D/o Mohammad Amin Shah R/o Tehab,

2. Ansar-ul-Haq Raina S/o Bashir Ahmad Raina R/o Ticken, Pulwama,

3. Shahid Mustaq Baba S/o Late Mushtaq Ahmad Baba R/o Drabgam,

Rajpora, 4. Liyaqat Muneer Wani S/o Late Muneer Wani R/o Below,

5. Wajid-ul-Islam S/o Muzaffar Ahmad Wani R/o Babhar, Pulwama and

6. Showkat Ahmad Mir @ Showket Cable S/o Gh. Mohd Mir R/o

Chandpora, Pulwama under sections 302, 120-B RPC, 7/27 A. Act, 13 &

18 of the Unlawful Activities (Prevention) Act, 1967. It is further submitted

that accused militants namely Wajid-ul-Islam, Liyaqat Ahmad Wani, Shahid

Baba have been killed in different encounters with security forces whileas

accused Showkat Ahmad Mir (Showkat Cable) is absconding against whom

proceedings under section 512 Cr. P. C. have been proposed ; and

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

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

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

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

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

accused persons for commission of offences punishable under sections 13

and 18 of the Unlawful Activities (Prevention) Act, 1967 ; and

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

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

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

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

sufficient material and evidence available against the accused persons for

their prosecution under the aforesaid provision of law.

Now, therefore, in exercise of the powers conferred by

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, No. 16-n] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 1967, the State Government hereby accords sanction for launching

prosecution against the accused persons namely, Mst. Saika D/o

Mohammad Amin Shah R/o Tehab, Ansar-ul-Haq Raina S/o Bashir Ahmad

Raina R/o Ticken, Pulwama and Showkat Ahmad Mir @ Showket Cable

S/o Gh. Mohd Mir R/o Chandpora, Pulwama for the commission of offences

punishable under sections 13 & 18 of Unlawful Activities (Prevention) Act,

1967 in case FIR No. 288/2018 of Police Station, Pulwama.

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 26th July, 2019/4th Srav., 1941. [No. 17-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—HOME DEPARTMENT

Notification

Srinagar, the 26th July, 2019.

SRO 476.–Whereas, on 10-09-2018 during Naka checking at Seer

Crossing one person coming from Sangrama towards Sopore seeing the

Naka tried to change his way. The suspect was chased by the Naka party

and apprehended tactfully. On search, one Army colour bag with one

T-shirt Chitra (Army colour), 10 AK 47 live ammunition and one AK-47

magazine were recovered from his possession. During preliminary enquiry, 2 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– he disclosed his name as Farhat Ahmad Lone S/o Ghulam Hassan Lone

R/o Zangam, Pattan being affiliated with LeT outfit as OGW ; and

2. Whereas, a case FIR No. 94/2018 under section 18 ULA (P) Act, 7/25 A, Act was registered at Police Station, Tarzoo and investigation was taken up ; and

3. Whereas, during the course of investigation, site plan of place of

occurence was prepared. Statement of witnesses acquainted with the facts

and circumstances of the case were recorded under relevant provisions of

law and placed on record besides statement of material witness was also

recorded under section 164-A Cr. PC. Investigation revealed that accused

Farhat Ahmad Lone S/o Ghulam Hassan Lone R/o Zangam, Pattan is an

active OGW of LeT outfit operating in Police District, Sopore and in criminal

conspiracy was going to join the LeT ranks but was apprehended before he

could succeed in his nefarious design. The said accused had received the

arms/ammunition from the militants of LeT to carry out terrorist activities

in the jurisdiction of Police Station, Sopore. Based on the facts and

circumstances investigation conducted has prima facie established offences

punishable under sections 7/25 A Act, 18 UAP Act against accused Farhat

Ahmad Lone S/o Ghulam Hassan Lone R/o Zangam, Pattan and accordingly

investigation of case has been concluded as proved against him. It is here

to mention that accused has been detained under PSA by the order of

District Magistrate, Baramulla vide order No. 74/DMB/PSA/2018

dated 20-07-2018 and is presently lodged in District Jail, Kote Bhalwal,

Jammu ; 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 No. 17-d] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (Prevention) Act, 1967, the State Government is of the view that there is

sufficient material and evidence available against the accused persons for

his prosecution under the aforesaid provision of law.

6. Now, ther efore, in exercise of powers conferred by

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

1967, the State Government hereby accords sanction for launching

prosecution against the accused person namely Farhat Ahmad Lone S/o

Ghulam Hassan Lone R/o Zangam, Pattan for the commission of offences

punishable under sections 18 of Unlawful Activities (Prevention) Act, 1967

arising out of FIR No. 94/2018 of Police Station, Tarzoo.

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

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

Vol. 132] Jammu, Mon., the 26th August, 2019/4th Bhad., 1941. [No. 21-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––HOME DEPARTMENT

Notification

Srinagar, the 6th August, 2019.

SRO-511.––Whereas, on 21-09-2018 Police Station, Yaripora received a written docket from I/c PP, Beibagh to the effect that at about 20:45 hrs. Police Post, Beibagh reliable learnt that after evening hours some unknown miscreants with intensions to disrupt forthcoming panchayat elections set ablaze Panchayat Ghar building. The miscreants were led 2 The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. [No. 21-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————

by Muzaffer Ahmad Mir S/o Ab. Rashid S/o Ab. Rashid Mir R/o Munad- Gufan and Bilal Ahmad Thoker S/o Ghulam Ahmad Thoker R/o Munad- Gufan ; and

2. Whereas, a case FIR No. 75/2018, under section 436 RPC, 3 Public Property (Prevention of Damage) Act, 1985, PP(D) Act, 13, 18, 19, 20, 38, 39 UA(P) Act was registered in Police Station, Yaripora and investigation was taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared. Statement of witnesses acquainted with facts and circumstances of case were recorded under relevant provisions of law and placed on record. During investigation from the scene of crime some burnt material was lifted and seized as piece of evidence and sent to FSL, Srinagar for chemical analysis and report thereof is awaited. Necessary memos to this effect were also prepared. In the meanwhile the investigating agency also received a letter from BDO, Block, Behibagh along with the report of Secretary, Panchayat Ghar, Munad-Gufan regarding the burning of Panchayat Ghar and same was made part of the file. Investigation conducted revealed that besides Muzaffer Ahamd Mir and Bilal Ahmad Thoker some other persons namely, Shahid Ahmad Rather, Ubaid Ahmad Rather, Sajad Ahmad Lone, Tawseef Ahmad Bhat, Abdul Rashid Khan were also found involved in this criminal act. These miscreants hatched a criminal conspiracy to set ablaze the Panchayat Ghar with terrorists namely, Farooq Ahmad Bhat @ Nali S/o Ab. Gani Bhat R/o Chack Dessend, Hilal Ahmad Wani S/o Mohd Akram Wani R/o Machwa, Ishfaq Ahmad Itoo S/o Mohd Yousuf Itoo R/o Hangalbush, Mohd Raqib Sheikh S/o Mohd Amin Sheikh R/o Shiganpora with the intension to disturb the Panchayat Elections and to create fear psychosis among the people and to disrupt the sovereignty and integrity of India ; and

4. Whereas, on the day of occurrence they burnt the said Panchayat Ghar and fled away from the spot. Subsequently accused Muzaffer Ahmad Mir, Bilal Ahamd Thoker, Shahid Ahmad Rather, Ubaid Ahmad Rather, Sajad Ahamd Lone, Tawseef Ahmad Bhat, Abdul Rashid Khan were arrested in the case. Investigation further revealed that A-8 to A-11 are members of banned organizations HM and LeT who are involved in various unlawful activities in the District Kulgam.

No. 21-d] The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Accordingly categorization certificate in respect of them was also obtained and placed on record. Investigation further revealed that accused Hilal Ahmad Wani has been killed in an encounter and to this effect death certificate and copy of FIR was also obtained and placed on file ; and

5. Whereas, based on the facts and circumstances together with statement of witnesses so recorded under sections 161 and 164-A Cr. P. C. would prima facie establish offences punishable under sections 436 RPC, 04 PP(D) Act, 13, 18, 19, 38, 39 ULA(P) Act against accused A1-A7 namely 1. Muzaffer Ahmad Mir S/o Ab. Rashid Mir R/o Munad-Gufan, 2. Bilal Ahmad Thoker S/o Ghulam Ahamd Thoker R/o Munad-Gufan, 3. Shahid Ahmad Rather S/o Mohd Ashraf Rather R/o Munad-Gufan, 4. Ubaid Ahmad Rather S/o Mohammd Ahsan Rather R/o Munad-Gufan, 5. Sajad Ahmad Lone S/o Mohammad Shafi Lone R/o Munad-Gufan, 6. Tawseef Ahmad Bhat S/o Ali Mohd Bhat R/o Tongdunoo and 7. Abdul Rashid Khan S/o Ghulam Ahmad Khan R/o Munad-Gufan and offences under sections 436 RPC, 04 PP(D) Act, 7/25 Arms Act, 13, 18, 39 ULA(P) Act against militant namely, 8. Farooq Ahmad Bhat @ Nali S/o Ab. Gani Bhat R/o Chak Dessend, 9. Hilal Ahmad Wani S/o Mohd Akram Wani R/o Machwa (killed terrorist), 10. Ishfaq Ahamd Itoo S/o Mohd Yousuf Itoo R/o Hangalbush (active terrorist), l1. Raqib Ahmad Sheikh S/o Mohd Amin Sheikh R/o Shiganpora (active terrorist) and investigation of case has been concluded as proved against them. It is further submitted that accused A8, A10 and A11 all are active terrorists against whom proceedings under section 512 Cr. P. C. have been proposed ; and

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

7. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there 4 The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. [No. 21-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————

is sufficient material and evidence available against the accused persons

for their prosecution under the aforesaid provisions of law.

8. Now, therefore, in exercise of powers conferred by sub-

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

1967, the State Government hereby accords sanction for launching

prosecution against the following accused for the commission of offences

under various sections indicated against each arising out of FIR No.75/

2018 of Police Station, Yaripora. :—

S. Name of accused Under sections

No.

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

1 2

3

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

01 Muzaffer Ahmad Mir S/o Ab.

Rashid Mir R/o Munad-Guffan

02 2. Bilal Ahmad Thoker S/o

Ghulam Ahmad Thoker R/o

Munad-Gufan

03 3. Shahid Ahmad Rather

S/o Mohd Ashraf Rather

R/o Munad-Gufan

04 Ubaid Ahmad Rather S/o 13, 18, 19, 38 and 39 of

Mohammad Ahsan Rather UAPA

R/o Munad-Gufan

05 Sajad Ahmad Lone

S/o Mohammad Shafi Lone

R/o Munad-Gufan

06 Tawseef Ahmad Bhat S/o Ali

Mohd Bhat R/o Tongdunoo

07 Abdul Rashid Khan S/o Ghulam

Ahmad Khan R/o Munad-Gufan No. 21-d] The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2

3

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

08 Farooq Ahmad Bhat @ Nali 13, 18 and 39 of UAPA

S/o Ab. Gani Bhat R/o Chak Dessend

09 Ishfaq Ahmad Itoo S/o do.

Mohommad Yousuf Itoo R/o Hangalbush (active militant)

10. Raqib Ahmad Sheikh S/o Mohd do.

Amin Sheikh R/o Shiganpora (active militant)

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

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

Vol. 132] Jammu, Mon., the 26th August, 2019/4th Bhad., 1941. [No. 21-g

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

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 26th August, 2019.

SRO-514.––Whereas, on 17-09-2018, Police Station, Kulgam reliably came to know that some persons residing within the jurisdiction of Police Station, Kulgam particularly Rameez Ahmad Shah S/o Manzoor Ahmad Shah R/o Shouch and some unknown OGW's of HM outfit are directly linked with terrorists particularly Umar Majeed Ganie R/o Shouch 2 The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. [No. 21-g –––––––––––––––––––––––––––––––––––––––––––––—–––—————

and have conducted meeting in the residential house of Rameez Ahmad Shah and during the meeting they hatched conspiracy in order to disrupt the peace and tranquility in the jurisdiction of Police Station, Kulgam in view of forthcoming Panchayat/Municipal election. Further, the said OGW's are providing every kind of support to terrorists in terrorist activities ; and

2. Whereas, a case FIR No. 161 of 2018 under sections 13, 18, 19, 38, 39 ULA(P) Act, 1967, 201 of R. P. C. was registered at Police Station, Kulgam and investigation was taken up ; and

3. Whereas, during course of investigation site plan of place of occurrence was prepared. Statement of witnesses acquainted with facts and circumstances of the case were recorded under the relevant provisions of law. Besides statement of material witness were recorded under section 164-A Cr. P. C. and placed on record. Statement of witnesses so recorded would inter alia reveal that accused Rameez Ahmad Shah S/o Manzoor Ahmad Shah R/o Shouch, Ishfaq Ahmad Sheikh S/o Mushtaq Ahmad Sheikh R/o Katrasoo and Asif Ahmad Malik S/o Bashir Ahmad Malik R/o Bugam are OGW's of HM Outfit and are facilitating, aiding, harboring, supporting the terrorist activities of militants especially Omer Majeed Ganie who have conducted a meeting in the house of accused Rameez Ahmad Shah for furtherance of subversive activities in South Kashmir. Investigation also revealed that these accused OGW's have provided weapons to the said organization from unknown illegal sources ; and

4. Whereas, evidence collected has prima facie established commission of offences punishable under sections 13, 18, 19, 38, 39 UAP Act, 1967 against accused 1. Rameez Ahmad Shah S/o Manzoor Ahmad Shah R/o Shouch and offences under sections 13, 18, 38, 39 UAP Act against accused 2. Ishfaq Ahmad Sheikh S/o Mushtaq Ahmad Sheikh R/o Katrasoo and 3. Asif Ahmad Malik S/o Bashir Ahmad Malik R/o Bugam and offences under sections 13, 18, 39 ULA(P) Act against accused Umar Majeed Ganie S/o Ab. Majeed Ganie R/o Shouch and investigation of the case has been concluded as proved against them. It is further submitted that accused A-4 Umar Majeed Ganie has been killed in an encounter with security forces and copy of FIR and death certificate has been placed on record ; and No. 21-g] The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

5. 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

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

7. Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the following accused for the commission of offences under various sections of Unlawful Activities (Prevention) Act, 1967 as shown against each arising out of FIR No. 161/2018 of Police Station, Kulgam :—

S. Name of Accused Under sections

No. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 01 Rameez Ahmad Shah S/o Manzoor Ahmad 13, 18, 19, 38

Shah R/o Shouch

and 39 of UAPA

02 Ishfaq Ahmad Sheikh S/o Mushtaq Ahmad 13, 18, 38 and Sheikh R/o Katrasoo 39 of UAPA

03 Asif Ahmad Malik S/o Bashir Ahmad Malik 13, 18, 38 and 39

R/o Bugam of UAPA

By order of Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.