REGD NO. JK––33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 1st October, 2020/9th Asv., 1942. [ No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vernacu- lar pages
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– | CONTENTS | English Pages | Vernacu- lar pages |
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... | 350-356 199-224 47-48 211-216 57-60 | 145-148 |
Printed at the Ranbir Government Press, Jammu.
350 The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (Exercising powers of Bar Council under Section 58 of the Advocates Act, 1961).
Notification
No. 1648 Dated 12-03-2020.
It is hereby notified that vide High Court Order dated 11-03-2020
Mr. Aatir Javed Kawoosa S/o Javed Ahmad Kawoosa R/o House
No. 4, Toiba Colony, Near Peer Bagh Bridge Right Side, Srinagar has
been admitted and enrolled as an Advocate on the Rolls of Jammu and
Kashmir Bar Council provisionally for a period of one year from the
date of issuance of this notification, subject to the verification of his
Provisional/LL.B Degree Certificate from the concerned University and
verification of his character and antecedents from CID. His name has
been entered under Serial No. JK-178/2020 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1662 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Touqeer Haider S/o Waris Hussain Shah R/o Gursai, Tehsil
Mendhar, District Poonch has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 27] The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. 351 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-161/2020 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1664 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Vaishali Lalotra D/o Darshan Singh R/o Village Ratnal P/O Kheri,
Tehsil Bishnah, District Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-167/2020 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1665 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Sonali Ram Pal D/o Shakti Kumar R/o Maralia, Miransahib, Tehsil
R. S. Pura, District Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally 352 The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-133/2020 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1666 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Umair Bin Bashir S/o Bashir Ahmad Ganaie R/o Koil Pulwama,
Mohalla Wanpora, Tehsil and District Pulwama has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-163/2020 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1667 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Umaar Maqbool S/o Mohammad Maqbool Dar R/o Wanigam
Payeen, Eid Gah Colony, Tehsil Pattan, District Baramulla has been No. 27] The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. 353 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
admitted and enrolled as an Advocate on the Rolls of Jammu and
Kashmir Bar Council provisionally for a period of one year from the
date of issuance of this notification, subject to the verification of his
Provisional/LL.B Degree Certificate from the concerned University and
verification of his character and antecedents from CID. His name has
been entered under Serial No. JK-164/2020 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1668 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Uzma Bashir D/o Bashir Ahmad Kabu R/o Gonipora, Tehsil
Handwara, District Kupwara has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-165/2020 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1670 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Vijayandra Slathia S/o Anminder Slathia R/o W. No. 13, Shastri
Nagar, District Kathua has been admitted and enrolled as an Advocate 354 The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-169/2020
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1671 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Wahid Bashir Mir S/o Bashir Ahmad Mir R/o Langate Muqdumpora,
District Kupwara has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-171/2020
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1672 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Yasmeena Jan D/o Mohd Akbar Wani R/o Murran, Wani Mohalla,
Tehsil and District Pulwama has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 27] The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. 355 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-172/2020 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1673 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Zaheer Abbas Khan S/o Raja Mohd Abbas Khan R/o Degwar
Maldayalan, Tehsil Haveli, District Poonch has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-173/2020 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1674 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Zahid Ahmad Dar S/o Khursheed Ahmad Dar R/o Cheramarg,
Zainapora, District Shopian has been admitted and enrolled as an 356 The J&K Govt. Gazette, 1st October, 2020/9th Asv., 1942. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-174/2020 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
–––––––
Notification
No. 1675 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Versha Devi D/o Bansi Lal R/o Sangrampur, Talab Tillo Bohri,
Jammu has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification
of her Provisional/LL.B Degree Certificate from the concerned
University and verification of her character and antecedents from CID.
Her name has been entered under Serial No. JK-168/2020 in the Roll
of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
(Sd.) MOHAMMAD YASIN BEIGH,
Additional Registrar.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 168 Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of Nowgam Dannar link road under NABARD situated in Village Nowgam, Tehsil Banihal, District Ramban ;
Whereas, on the basis of indent placed by Chief Engineer, PWD (R&B) Department, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Banihal, vide letter No. SDMB/Acq/161-69 dated 26-07-2019 for land measuring 03 Kanals and 11 Marlas and 01 Kanal 11 Marlas in Village Nowgam, Tehsil Banihal, District Ramban for construction of Nowgam Dannar link road under NABARD ;
200 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– Whereas, the Collector, Land Acquisition (SDM), Banihal vide letter No. SDMB/Acq/233-35 dated 11-09-2019 has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/ interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM), Banihal vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/340-41 dated 03-10-2019, duly endorsed by Divisional Commissioner, Jammu vide No. 502/3948/Acq/Rbn/19/2687 dated 30-10-2019 and Financial Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5136/2020 dated 05-03-2020 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of Nowgam Dannar link road under NABARD ;
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 03 Kanals and 11 Marlas and 01 Kanal 11 Marlas in Village Nowgam, Tehsil Banihal, District Ramban for construction of Nowgam Dannar link road under NABARD. Further, the Collector, Land Acquisition (SDM), Banihal of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/rules ;
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is also ordered that on expiry of fifteen days from the publication of the notification under section 9 (2) of the said Act, the Collector will take possession of the aforementioned land in Village Nowgam, Tehsil Banihal, District Ramban, required for public purposes, subject to fulfillment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of lands involved in the case for making apportionment of compensation amongst all the No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 201 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— interested persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
––––––
Annexure 'A'
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Banihal Nowgam 420/67 00–05½
416/68 00–0½
416/68 00–01
416/68 00–03
416/68 00–01
66 min 00–05
69 01–00
60 00–17
69 00–03
59 00–04
303/48/1 00–01
64 min 00–10
–––––
Total 03–11
–––––
––––– 202 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 156 Rev (LAJ) of 2020
Dated 15-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for widening Rajouri- Kandi- Budhal Double Lane Road by GREF situated at Village Phalni, Tehsil Kotranka, District
Rajouri ;
Whereas, on the basis of indent placed by Officer Commanding, 110 RCC (GREF), a notification under section 4 (1) was issued by Collector, Land Acquisition Defence, Rajouri-Poonch, Hq. Rajouri vide letter No. Coll/Def/2019-20/629-34 dated 13-09-2019 for land measuring 28 Kanals, 13 Marlas 07 Sarsai situated in Village Phalni, Tehsil Kotranka,
District Rajouri for widening Rajouri-Kandi-Budhal Double Lane Road by GREF ;
Whereas, the District Collector, Land Acquisition (DC), Rajouri vide letter No. Coll/Def/2019-20/975 dated 24-10-2019 has reported that the notification issued under section 4 (1) of the J&K State Land
Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by District Collector, Land Acquisition (DC), Rajouri vide letter referred to above duly endorsed by Divisional
Commissioner, Jammu vide No. 502/3873/Acq/GREF/Phalni/Rajouri/19/ 2625 dated 29-10-2019 and Financial Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5108/2020 dated 04-03-2020 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars
whereof are given above is required for public purpose viz. for widening Rajouri- Kandi-Budhal Double Lane Road by GREF situated at Village Phalani, Tehsil Kotranka, District Rajouri.
No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 203 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 28 Kanals, 13 Marlas 07 Sarsai situated in Village Phalni, Tehsil Kotranka, District Rajouri is required for public purposes viz. for widening Rajouri-
Kandi- Budhal Double Lane Road by GREF. Further, the Collector, Land Acquisition (Defence), Rajouri is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of lands involved in the case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
Annexure 'A'
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S. Rajouri Koteranka Phalni 103 00–10–00
113 00–09–00
126 min 00–13–00
136 00–11–00
136 min 00–12–00
210 00–01–00
225 00–02–00 204 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
235 min 00–04–04
241 00–05–00
439 00–01–00
440 01–05–00
529 00–04–00
532 00–12–00
535 00–16–00
535 min 00–03–00
535 min 00–03–00
560 01–09–00
579 03–01–00
581 00–01–00
626 01–04–00
629 00–10–00
630 00–13–00
105 00–16–00
115 00–15–00
134 01–01–00
136 min 00–06–00
137 01–00–00
226 00–18–00
247 01–00–00
240 00–10–00
438 00–14–00
No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 205 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S. 500 01–01–00
442 00–02–00
530 00–14–00
534 00–06–00
535 min 00–02–00
535 min 00–01–00
566 01–02–00
563 01–12–00
580 00–15–00
582 00–03–03
626 min 00–05–00
629 min 00–19–00
––––––––
Total 28–13–07
––––––––
–––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 155 Rev (LAJ) of 2020
Dated 15-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required construction of PMGSY road from Panchari to Janouri IInd under PMGSY situated in Village Chulna, Tehsil Panchari and District Udhampur ;
Whereas, on the basis of indent placed by Executive Engineer, PMGSY Division, Reasi, a notification under section 4 (1) was issued by Collector,
Land Acquisition (ACR), Udhampur vide No. ACRU/SQ/3629-37 dated 206 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
05-10-2019 for land measuring 36 Kanals 13 Marlas situated in Village
Chulna, Tehsil Panchari and District Udhampur for construction of PMGSY
road from Panchari to Janouri IInd under PMGSY ;
Whereas, the Collector, Land Acquisition (ACR), Udhampur vide
No. ACRU/SQ/3937-38 dated 21-10-2019 has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the
proposed acquisition, but no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Udhampur, vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Udhampur vide No. DCU/SQ/3947-49 dated
22-10-2019, Divisional Commissioner, Jammu vide No. 502/4008/Chulana/
Udhampur/19/4090 dated 24-12-2019 and Financial Commissioner, Revenue,
J&K, Jammu vide No. FC-LS/LA-5151/2020 dated 6-03-2020 has been
examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
PMGSY road from Panchari to Janouri IInd under PMGSY situated in
Village Chulna, Tehsil Panchari and District Udhampur.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
36 Kanals 13 Marlas situated in Village Chulna, Tehsil Panchari and District
Udhampur for construction of PMGSY road from Panchari to Janouri IInd
under PMGSY. Further, the Collector, Land Acquistion (ACR), Udhampur
is directed under section 7 of the said Act to take orders for acquisition of
the said land after giving prescribed notice to the interested person (s) as
required under the Land Acquisition Act/rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in
the case for making apportionment of compensation amongst all the interested No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 207 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— persons/rightful claimants, in accordance with the relevant laws/rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
Annexure 'A'
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Udhampur Panchari Chulna 829 min 00–02–00
907 min 00–09–00
908 min 07–00–00 04–02–00 ––––––––
Total 11–02–00
––––––––
910 min 01–13–00
930 min 03–12–00
929 min 02–05–00
926 min 00–15–00
925 min 00–09–00
935 min 00–08–00
938 min 06–05–00
939 min 01–14–00
974 min 05–16–00 208 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S. 972 min 02–01–00
894 min 00–02–00
––––––––
G. Total 36–13–00
––––––––
–––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 154 Rev (LAJ) of 2020
Dated 15-06-2020.
Whereas, the land, specifications whereof are given below is required for public purposes viz. for construction of the Project Rejuvenation of Holy Dev Sathan Devika and Pollution abetment of Tawi River in Udhampur Town situated in Village Baryal, Tehsil and District Udhampur ;
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Udhampur Udhampur Baryal 01 min 05–03
Whereas, on the basis of indent placed by Chief Engineer, J&K U.E.E.D Camp, Jammu, a notification under section 4 (1) was issued by Collector, Land Acquisition (ACR), Udhampur, vide letter No. ACRU/SQ/
3440-49 dated 28-09-2019 for land measuring 05 Kanals 03 Marlas situated in Village Baryal, Tehsil and District Udhampur for construction of the Project Rejuvenation of Holy Dev Sathan Devika and Pollution abetment of Tawi River in Udhampur Town ;
Whereas, the Collector, Land Acquisition (ACR), Udhampur, vide letter No. ACRU/SQ/3905-06 dated 19-10-2019 has reported that the No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 209 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
notification issued under section 4 (1) of the J&K State Land Acquisition
Act by him was served upon the interested persons for filing objections,
if any, to the proposed acquisition, the Deputy Commissioner (District
Collector), Udhampur has reported that the objections so filed do not hold
any merit as compare to acquisition purpose as the sewerage main pit has
to be built on specific location and therefore, the location of this spit cannot
be shifted to any other place ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Udhampur referred to above duly endorsed by District Collector, Land
Acquisition (DC), Udhampur, vide No. DCU/SQ/3945-46 dated
22-10-2019, duly endorsed by Divisional Commissioner, Jammu vide
No. 502/4004/Baryal/Udh/19/4078 dated 24-12-2019 and Financial
Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5142/2020 dated
06-03-2020 has been examined and it has been found that the land owners
did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for construction of the Project Rejuvenation of
Holy Dev Sathan Devika and Pollution abetment of Tawi River in Udhampur
Town.
Now therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
05 Kanals 03 Marlas situated in Village Baryal, Tehsil and District Udhampur
is required for public purposes viz. for construction of the Project
Rejuvenation of Holy Dev Sathan Devika and Pollution abetment of Tawi
River in Udhampur Town. Further, the Collector, Land Acquisition (ACR),
Udhampur is directed under section 7 of the said Act to take orders for
acquisition of the said land after giving prescribed notice to the interested
person(s) as required under the Land Acquisition Act/rules.
Further, in pursuance of section 17 of the Land Acquisition Act,
Samvat 1990, it is also ordered that on expiry of fifteen days from the
publication of the notification under section 9 (2) of the said Act, the
Collector will take possession of the aforementioned land in Village Digdole,
Tehsil and District Ramban, required for public purposes, subject to 210 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
fulfillment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of lands involved in the case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/ rules in
force, while making the award.
( S d . ) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 153 Rev (LAJ) of 2020
Dated 15-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of road from Ghatti-Ghurakha to Himote via Lallah by PWD situated at Village Himote, Tehsil Bhaderwah, District Doda ;
Whereas, on the basis of indent placed by Executive Engineer, PW
(R&B) Department, a notification under section 4 (1) was issued by the Collector, Land Acquisition (ADC), Bhaderwah vide letter No. ADC/ LAC/18-19/1018-25 dated 29-11-2018, for land measuring 26 Kanals, 11 Marlas situated at Village Himote, Tehsil Bhaderwah, District Doda for construction of road from Ghatti-Ghurakha to Himote via Lallah by PWD ;
Whereas, the Collector, Land Acquisition (ADC), Bhaderwah vide letter No. LAC/ADC/19-20/508-10 dated 24-09-2019, has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 211 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Act by him was served upon the interested persons for filing objections,
if any, to the proposed acquisition, but, no objection was received from the
land owners/interested persons within the prescribed period as required
under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ADC),
Bhaderwah vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 447/LAC/D/19 dated 15-10-2019
Divisional Commissioner, Jammu vide No. 502/3823/PWD/Himote/D/19/
2613 dated 29-10-2019 and Financial Commissioner, Revenue, J&K, Jammu
vide No. FC-LS/LA-5174/2020 dated 11-05-2020 has been examined and
it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
road from Ghatti-Ghurakha to Himote via Lallah by PWD.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
26 Kanals, 11 Marlas situated at Village Himote, Tehsil Bhaderwah, District
Doda for construction of road from Ghatti-Ghurakha to Himote via Lallah
by PWD. Further, the Collector, Land Acquisition (ADC), Bhaderwah is
directed under section 7 of the said Act to take orders for acquisition of
the said land after giving prescribed notice to the interested person (s) as
required under the Land Acquisition Act/rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification (if all types of lands involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant laws/
rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
––––––
212 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– Annexure 'A'
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda Bhaderwah Himote 52 02–05
58/1 01–00
59 02–09
62 00–02
63 00–09
68 01–02
69 00–04
70 01–02
71 02–12
72 00–02
73 min 00–12
73 min 00–12
234 00–05
235 01–08
236 00–09
241 01–11
243 min 01–03
244 00–02
249 02–05
265 00–01
266 00–07 No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 213 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
338 min 02 –13
344 01–05
345 01–00
448 01–04
–––––
Total 26–11
–––––
–––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 151 Rev (LAJ) of 2020
Dated 15-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of Bharath Keshwan road
under PWD (R&B) situated in Village Bharath, Tehsil Bharath Bagla,
District Doda ;
Whereas, on the basis of indent placed by Executive Engineer,
PWD (R&B) Division, Doda, a notification under section 4 (1) was
issued by Collector, Land Acquisition (ACR), Doda, vide letter No. 1362-
68/Acq dated 03-01-2019 for land measuring 25 Kanals, 07 Marlas situated
in Village Bharath, Tehsil Bharath Bagla, District Doda construction of
Bharath Keshwan road under PWD (R&B) ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1314-19-56/Acq dated 10-10-2019 has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the
proposed acquisition, but no objection was received from the land owners/ 214 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 472/LAC/D/19 dated 21-10-2019,
Divisional Commissioner, Jammu vide No. 502/3899/PWD/Bharath/Doda/
19/2911 dated 27-11-2019 and Financial Commissioner, Revenue, J&K,
Jammu vide No. FC-LS/LA-5190/2020 dated 11-05-2020 has been
examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars
whereof are given above is required for public purpose viz. for construction
of Bharath Keshwan road under PWD (R&B).
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
25 Kanals, 07 Marlas situated in Village Bharath, Tehsil Bharath Bagla,
District Doda construction of Bharath Keshwan road under PWD (R&B).
Further, the Collector, Land Acquisition (ADC), Bhaderwah is directed
under section 7 of the said Act to take orders for acquisition of the said
land after giving prescribed notice to the interested person (s) as required
under the Land Acquisition Act/rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of lands involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant
laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 215 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— Annexure 'A'
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Doda Bharath Bagla Bharath 408 00–07
408 00–18
408 00–07
406 02–02
400 01–11
1106/399 01–10
483 min 00–19
409 00–09
654/482 02–09
803/653/482 02–02
893/478 01–15
476 00–07
477 00–08
477 00–02
473 min 00–10
473 min 01–07
669/474 min 01–13
462 02–11
462 00–02
463 01–00
428 min 02–16
428 min 00–02
––––– Total 25–07
–––––
––––– 216 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 150 Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given below is required
for shifting of 132 KV Tower No. B-12 due to widening of National
Highway up to its four lanning by NHAI in Village Gund Adalkote, Tehsil
Banihal, District Ramban ;
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Ramban Gund Adalkote 1025 min 00–16
Whereas, on the basis of indent placed by the Project Director,
National Highway, a notification under section 4 (1) was issued by the
Collector, Land Acquisition NH-44 (ADC), Ramban vide letter No. 428-
38/Acq/NHAI dated 15-05-2019, for land measuring 16 Marlas, situated in Village Gund Adalkote, Tehsil Banihal, District Ramban ;
Whereas, the Collector, Land Acquisition, NH-44 (ADC), Ramban, vide letter No. CLA/NH-44/2019/1664 dated 11-12-2019, has reported
that the notification issued under section 4 (1) of the J&K State Land
Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but, no objection was
received from the land owners/interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act
;
Whereas, the report furnished by Collector, Land Acquisition,
NH-44 (ADC), Ramban vide letter referred to above duly endorsed by
the District Collector (DC), Ramban vide No. DC/LA/Rbn/603-04 dated 08-02-2020 duly endorsed by the Divisional Commissioner, Jammu vide
No. 502/4148/Acq/132 KV Tower/Gund/Banihal/Rbn/20/4436 dated
18-02-2020 and endorsed by the Financial Commissioner, Revenue, J&K,
Jammu vide No. FC-LS/LA-5176/2020 dated 19-03-2020 has been No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 217 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. shifting of 132 KV
Tower No. B-12 due to widening of National Highway up to its four
lanning by NHAI in Village Gund Adalkote, Tehsil Banihal, District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
16 Marlas, situated in Village Gund Adalkote, Tehsil Banihal, District Ramban
is required for public purpose, shifting of 132 KV Tower No. B-12 due to
widening of National Highway up to its four lanning by NHAI. Further, the
Collector, Land Acquisition, ADC, Ramban is directed under section 7 of
the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under the Land
Acquisition Act/rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of lands involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant
laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 149 Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given below is required
for construction of Link Road from Bhatyas-Manoo Road to Ration Sub-
Store Chilly Paine ;
218 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda Gandoh Chilly Paine 174 min 00–13
181 min 00–09
183 min 00–10
61 min 00–1½
60 min 00–14
–––––
Total 02–7½
–––––
Whereas, on the basis of indent placed by the Director, Food, Civil
Supplies and Consumer Affairs Department, Jammu a notification under
section 4 (1) was issued by the Collector, Land Acquisition (SDM),
Gandoh vide letter No. 553-59/LAC dated 09-01-2019, for land measuring
02 Kanals 7½ Marlas situated in Village Chilly Paine, Tehsil Gandoh,
District Doda ;
Whereas, the Collector, Land Acquisition (SDM), Gandoh, vide letter
No. 669-70/LAC dated 02-11-2019, has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the
proposed acquisition, but, no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Gandoh, vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 621/LAC/D/19 dated 20-10-2019
duly endorsed by the Divisional Commissioner, Jammu vide
No. 502/3995/PWD/Chilly Paine/Doda/19/4131 dated 31-12-2019 and
endorsed by the Financial Commissioner, Revenue, J&K, Jammu vide
No. FC-LS/LA-5180/2020 dated 19-03-2020 has been examined and it
has been found that some land owners file objection to the proposed No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 219 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
acquisition which have been got verified by the Collector through Tehsildar, Bhalessa as reported by the Tehsildar, Bhalessa the land owners have sufficient land from which land can be acquired for the public purpose ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. construction of Link Road from Bhatyas-Manoo Road to Ration Sub-Store Chilly Paine.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 02 Kanals 7½ Marlas, situated in Chilly Paine, Tehsil Gandoh, District Doda, for construction of Link Road from Bhatyas-Manoo Road to Ration Sub- Store Chilly Paine in Village Chilly Paine. Further, the Collector, Land Acquisition (SDM), Gandoh is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of lands involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant
laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 68 Rev (LAJ) of 2020
Dated 04-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for widening of Rajouri Thannamandi road by
GREF situated at Village Lah, Tehsil Thanamandi, District Rajouri ;
220 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Rajouri Thannamandi Lah 19 00 –03–02
22 00–03–00
21 00–08–04
––––––––
Total 00–14–06
––––––––
Whereas, on the basis of indent placed by Officer Commanding
58 RCC (GREF), a notification under section 4 (1) was issued by Collector,
Land Acquisition, Defence, Rajouri-Poonch, Hq. Rajouri vide letter
No. Coll/Def/2019-20/880-84 dated 16-10-2019 for land measuring
14 Marlas 06 Sarsai in Village Lah, Tehsil Thanamandi, District Rajouri
for widening Rajouri Thannamandi road by GREF ;
Whereas, the District Collector, Land Acquisition (Defence), Rajouri/
Poonch, Hq. Rajouri vide letter No. Coll/Def/2019-20/1201-02 dated
26-12-2019 has reported that the notification issued under section 4 (1)
of the J&K State Land Acquisition Act by him was served upon the
interested persons for filing objections, if any, to the proposed acquisition,
but no objection was received from the land owners/interested persons
within the prescribed period as required under sections 5 & 5-A of the
Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition
Defence, Rajouri/Poonch, Hq. Rajouri referred to above duly endorsed
by District Collector, Land Acquisition (DC), Rajouri DCR/2019-20/SQ/
2545 dated 28-12-2019 duly endorsed by Divisional Commissioner, Jammu
vide No. 502/4037/GREF/Lah/Raj/19/4180 dated 14-01-2020 and Financial
Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5139/2020
dated 05-03-2020 has been examined and it has been found that the land
owners did not file any objection to the proposed acquisition ;
No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 221 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Whereas, the Government is satisfied that the land particulars
whereof are given above is required for public purpose viz. for widening
Rajouri Thannamandi road by GREF situated at Village Lah, Tehsil
Thanamandi, District Rajouri.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
14 Marlas 06 Sarsai in Village Lah, Tehsil Thanamandi, District Rajouri
is required for public purposes viz. for widening Rajouri Thannamandi
road by GREF. Further, the Collector, Land Acquisition (Defence), Rajouri
is directed under section 7 of the said Act to take orders for acquisition
of the said land after giving prescribed notice to the interested person (s)
as required under the Land Acquisition Act/rules.
However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of lands involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant
laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 85 Rev (LAJ) of 2020
Dated 05-06-2020.
Whereas, the land, specifications whereof are given in Annexure-
"A" to this notification is required for construction of PWD road Poosa
to Malna situated in Village Hanch, Tehsil and District Doda ;
Whereas, on the basis of indent placed by Executive Engineer,
PWD (R&B), Division Doda, a notification under section 4 (1) was 222 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
issued by Collector, Land Acquisition (ACR), Doda, vide letter No. 868-
74/Acq dated 16-10-2014 read with corrigendum vide No. 918-25/Acq
dated 21-09-2019, for land measuring 11 Kanals and 03 Marlas in Village
Hanch, Tehsil and District Doda for construction of PWD road Poosa to
Malna ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1305-10/Acq dated 10-10-2019 has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the
proposed acquisition, but no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 428/LAC/D/19 dated 15-10-2019,
Divisional Commissioner, Jammu vide No. 502/3820/PWD/Hanch/D/19/
2610 dated 29-10-2019 and Financial Commissioner, Revenue, J&K, Jammu
vide No. FC-LS/LA-5183/2020 dated 19-03-2020 has been examined
and it has been found that the land owners did not file any objection to
the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars
whereof are given above is required for public purpose viz. for construction
of PWD (R&B) road from Poosa to Malna.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
11 Kanals and 03 Marlas in Village Hanch, Tehsil and District Doda for
construction of PWD road Poosa to Malna. Further, the Collector, Land
Acquisition (ACR), Doda is directed under section 7 of the said Act to
take orders for acquisition of the said land after giving prescribed notice
to the interested person (s) as required under the Land Acquisition Act/
rules.
No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 223 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— However, the Collector concerned shall be personally responsible
for identification and proper title verification of all types of lands involved
in the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant
laws/rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––––
Annexure 'A'
Particulars of land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Doda Doda Hanch 270 min 00–13
242 00–14
337 00–03
342 00–02
338 00–10
365 00–04
365 00–05
359 00–02
359 00–03
359 00–07
359 00–01
359 00–02 224 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. 359 00–02
359 00–03
359 00–02
359 00–01
359 00–02
359 00–02
359 00–03
355 00–03
265 00–01
266 01–01
266 01–14
582/263 00–05
687/582/263 00–10
267 01–02
267 00–02
582/263 00–07
270 min 00–10
270 min 00–10
270 min 00–06
270 min 00–11
–––––
Total 11–03
–––––
––––– THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 1st Oct., 2020/9th Asv., 1942. [ No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 compliance to Govt. Order No. 772-JK(GAD) of 2020 dated 19-08-2020 issued by General Administration Department (Services), Civil Secretariat, Srinagar vide Endtt. No. GAD(Ser)/IAS/26/2020 dated 19-08-2020, we do hereby handover and takeover the charge of the post of Managing Director/CEO, Jammu/Srinagar Mass Rapid Transit Corporation today on 20th August, 2020 (FN).
(Sd.) VIKAS KUNDAL, IAS,
Relieved Officer.
(Sd.) ANKITA KAR, IRAS,
Relieving Officer.
————
48 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 1st Oct., 2020/9th Asv., 1942. [ No. 27
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR LAND ACQUISITION/ SUB DIVISIONAL MAGISTRATE, HIRANAGAR, (KATHUA).
Notification
Subject :— Notic to the persons interested under Sections 9 and 9-A of the Land Acquisition Act, 1990, (Smvt), pertaining to the land measuring 68 Kanals 07 Marlas situated at Village Karole Krishna, Tehsil Hiranagar, District Kathua.
———
Whereas, the subject land was notified under section 4(1) of the Land Acquisition Act, 1990 Smvt. by the Collector Land Acquisition/Assistant Commissioner, Revenue, Kathua vide Notification No. 05 of 2013 under endorsement no. DCK/LHS/2012-13/982-90 dated 09-03-2013 needed for the defence viz. public purpose namely for the construction/establishment of composite bundh on Indo-Pak Border, situated in Village Karole Krishna, Tehsil Hiranagar, District Kathua.
Whereas, the declaration/notification No. 220-Rev(LAJ) of 2019 dated 24-10-2019 under sections 6 and 7 of the said Act has been issued by the 212 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27
Revenue Department, Civil Secretariat, Srinagar/Jammu under endorsement
No. Rev/LAJ/304/2019 dated 24-10-2019.
Now, therefore, notices under sections 9 and 9-A of the land Acquisition Act, Smvt, 1990 are hereby given to all the land owners/person interested,
shown in the subjoined table to appear before the undersigned personally or
by their authorized agents, within a period of 15 days from the date of issuance of his notification for submission of their objections to state the
nature of their respective interest in the land and the amount, particulars of their claims to compensation for such interests and also put forth their
objections, if any, with regard to measurement of the land conducted by the staff of the Revenue Department.
Particulars of the Land
S. District Tehsil Village Name of Name of Khasra Area Kind
No. Owners Tenant Nos. of Soil
————————————————————————————————————
1 2 3 4 5 6 7 8 9
————————————————————————————–———————
K. M.
1. Kathua Hiranagar Karole State Maqbooja 88 min 03–00 B. Q
Krishna State
2. do. do. do. State Maqbooja 92 min 00–04 B. Q
State
3. do. do. do. State Maqbooja 94 min 04–11 B. Q
State
4. do. do. do. State Maqbooja 95 min 00–06 B. Q.
State
5. do. do. do. State Maqbooja 100 min 05–06 B. Q.
State
6. do. do. do. Madan Lal Possessed 101 min 07–02 G. M.
& Others, by Owners Khola
Owners
7. do. do. do. Madan Lal Possessed 109 min 08–03 G. M.
& Others, by Owners Khola
Owners
8. do. do. do. State Maqbooja 110 min 00–08 B. Q.
State No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 213
1 2 3 4 5 6 7 8 9
————————————————————————————–———————
K. M.
9. do. do. do. Madan Lal Possessed 111 min 03–06 G. M.
& Others, by Owners Khola
10. do. do. do. State Maqbooja 112 min 03–08 B. Q.
Bharat
Bhushan S/o
Bodh Raj,
Brahaman R/o
Deh, Qabaj
Najaiz
11.do. do. do. State Mehfooj 113 min 06–12 B. Q.
Kahcharai
12.do. do. do. Madan Janak Raj 435 min 02–02 W. A.
Lal & S/o Chatru
Others, Brahaman
Owners. R/o Deh. 01–17 G. M.
Maqbooza Choi.
Malkan.
13. do. -do. -do. State Maqbooza 442 min 00–02 B. Q.
State
14. do. -do. -do. Madan Ashok Kumar, 443 min 01–03 W. A.
Lal & Kirti Lal,
Others, Rajinder
Owners Kumar, Kasturi
Lal Sons of
Parkash
Chand having
equal share,
share holders.
——————
Maqbooza 443 min 01–03 W. A.
Malkan 00–11 G. M.
Khola
15. do. do. do. State Maqbooja 446 min 00–13 B. Q.
State
16. do. do. do. State Maqbooja 447 min 00–15 B. Q.
214 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27
1 2 3 4 5 6 7 8 9
————————————————————————————–———————
K. M.
State
17. do. do. do. State Maqbooja 448 min 01–00 B. Q.
State
18. do. do. do. State Maqbooja 449 min 00–13 B. Q.
State
19. do. do. do. State Maqbooja 450 min 03–07 B. Q.
State
20. do. do. do. Madan Lal Ashok Kumar, 451 min 02–04 W. A.
and Others, Kirti Lal,
Owners Rajinder Kumar,
Kasturi Lal
Sons of
Parkash Chand
having equal
share, share
holders.
——————
Maqbooja 00–18 B. Q.
Malkan
21. do. do. do. State Maqbooja 457 min 03–06 B. Q.
State
22. do. do. do. State Maqbooja 458 min 01–00 B. Q.
State
23. do. do. do. Madan Lal Ashok Kumar, 459 min 00–15 W. A.
and Others, Kirti Lal,
Owners Rajinder Kumar,
Kasturi Lal
Sons of
Parkash Chand
having equal
share, share
holders.
——————
Maqbooja 00–12 B. Q.
Malkan No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 215
1 2 3 4 5 6 7 8 9
————————————————————————————–———————
K. M.
24. do. do. do. State Maqbooja 461 min 05–03 B. Q.
State Note :-The
area of
No. Khasra
as per
Record
of Right
(ROR) is
06 Ml
Whereas
as per
Massavi
the area of
said No.
Khasra is
6 Kanal.
—————–———————
G.Total 24 Kh. 68–07
—————–———————
Note :—
Total Assamies=17 nos.
Total Area=68 Kanals–07 Marlas.
Ownership=28 Kanals–13 Marlas.
State Land under the possession of State=29 Kanals–14 Marlas, State Land Mehfooj Kachrai=06 Kanals–12 Marlas, State under the possession of Qabaj Najaij=03 Kanals–08 Marlas.
(Sd.) RAKESH KUMAR, KAS,
Collector, Land Acquisition, Sub-Divisional Magistrate, Hiranagar.
—————
216 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27
Notice
I, Baldeep Singh S/o Amarjeet Singh have applied for correction of my name and my father name which has been wrongly written in my PAN Card bearing on GCAPS7722H as Baldeep Singh Sudan and Amarjeet Singh Sudan instead of Baldeep Singh and Amarjeet Singh in my PAN Card. Objection, if any, may be conveyed to concerned authority within 7 days from the date of publication of this notice.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 1st Oct., 2020/9th Asv,. 1942. [No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
UNION TERRITORY OF JAMMU AND KASHMIR CIVIL SECRETARIAT—CIVIL AVIATION DEPARTMENT.
Corrigendum-01 e-Tender No. 02 of 2020.
Jammu, August 22, 2020.
For and on behalf of the Lieutenant Governor, Union Territory of Jammu and Kashmir, e-Tenders are invited from reputed and registered aviation companies having airworthy transport helicopters duly certified and endorsed on its Non-Scheduled Operator's Permit (NSOP) from DGCA, Government of India for leasing on Wet Lease Basis for an initial term of six and half (06½) months w. e. f. 15-09-2020 for multipurpose use of the Union Territory of Jammu and Kashmir with an option for renewal/extension on same terms and conditions for a period of three (03) years after approval is granted by the competent authority.
The following changes are incorporated in the dates :—
Date of Publishing of Tender Notice : 22-08-2020 Date of pre-Bid Meeting : 26-08-2020 (On line at 03.00 P. M.)
58 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of submission of online : 31-08-2020 Documents (Closing Date) : (up to 12.00 P. M.)
Date of Opening Tender : 01-09-2020 (2.00 P. M.)
The bid submission date and opening date stands extended as per date and time mentioned above, all similar dates in the tender document may be considered as modified accordingly, rest terms and conditions to remain unchanged.
1. The tender document along with other Terms and Conditions of the NIT and relevant documents can be downloaded from the Union Territory Website http://jktenders.gov.in.
2. The tender shall be deposited in electronic format on the Union
Territory website htt:p://jktenders.gov.in.
3. The tenders uploaded on the website up to due date will be opened on 31-08-2020 or any other subsequent date convenient to the Tender/Purchase Committee in the Office Chamber of Commissioner, Civil Aviation Department, Union Territory of Jammu and Kashmir, Civil Secretariat, Room No. 2/19, Jammu, Chamber of Commissioner, Civil Aviation Department, Union Territory of Jammu and Kashmir, Civil Secretariat, Room No. 2/19, Jammu.
4. The complete bidding process will be online.
5. Submission of hard copy is exempted.
6. Documents required to be notarized for submission may be submitted on the letter head under the signature of the authorized signatory.
7. Cost of the Tender document is Rs. 5,000/- (Rupees five thousand only) in the shape of Demand Draft (non- refundable)/Online in favour of Accounts Officer, Civil Aviation Department, J&K, Jammu. The tender should be accompanied with Earnest Money Deposit of Rs. 10.00 lac (Rupees ten lac only) in the form of a CDR/FDR/Online drawn in favour of the Commissioner, Civil Aviation Department, Union Territory of Jammu and Kashmir, Civil Secretariat, Jammu with six months validity. Tender fee and EMD can be paid digitally/Net Banking. Bank details :
a. BANK : J&K Bank, Moving Secretariat, Civil Secretariat,
Jammu and Kashmir, Jammu.
No. 27] The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. 59 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
b. Account Number : 0110010100000281.
c. IFSC Code : JAKA0MOVING.
d. MICR Code : 190051062 ; Jammu and Kashmir Bank, Moving Secretariat, address : Civil Secretariat, Jammu and Kashmir ; Branch Code is Moving, Contact Number : 2455235.
8. Scanned copies of all necessary documents as per tender documents need to be uploaded as part of the technical bid. These documents, in original, may be asked for submission subsequently.
9. The Companies who have submitted EMD in compliance to
previous notice are exempted from submitting the same.
10. The Earnest Money shall be forfeited if :
a. any tenderer withdraws his tender during the period
of tender validity or makes any modification in terms and condition of tender ; and
b. the company fails to execute the agreement within
10 days of signing of contract document.
11. Instructions to bidder regarding e-Tendering process : Bidders are advised to get Digital Signature Certificate as per Information Technology Act, 2000. Bidders can get Digital Certificate from approved vendor.
12. Bidders have to submit their bids in two bid format i.e. Technical and Financial Bid online in electronic format with Digital Signature. Financial Bid shall be submitted ONLINE only. No financial bid will be accepted in physical form.
13. Bids will be opened online as per time schedule mentioned
in Para 3.
14. Bidders must upload the scanned copy of all necessary documents, like CDR/PAN/Demand Draft (Tender Fee)/ Registration certificate duly renewed online as per dated mentioned above.
15. The Department will not be responsible for any delay in online
submission due to any reason.
60 The J&K Govt. Gazette, 1st Oct., 2020/9th Asv., 1942. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––
16. The Tender/Purchase Committee shall reserve the right to accept or reject any tender without assigning any reason thereof.
17. The rates offered should be quoted in figures as well as in words inclusive of all taxes and levies or any other charge. Taxes/Charges not mentioned in the offers will not be allowed and admissible.
18. The payment shall be released after successful completion
of the contract.
19. Ay erasing/overwriting/mutilation in he tender form will result
in outright rejection of the tender.
20. Conditional and ambiguous tender will not be entertained.
21. The terms and conditions as reflected in Annexure-"A",
are mandatory and should be read very carefully by the intending tenderers while furnishing their tenders, which are enclosed and shall form a part of this NIT.
(Sd.) S. KATOCH,
Commissioner, Civil Aviation Department.
No. 18-j] The J&K Govt. Gazette, 4th August, 2019/13th Srav., 1941. Sun. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 4th August, 2019.
SRO-500.—In exercise of the powers conferred by clause (b) of
section 2 of the Prisoners Act (Samvat), 1997, the Government hereby
declares, 2 Halls on 3rd Floor in Tower No. 26 at Camp Dignibal, Ganderbal,
as "Subsidiary Jail".
By order of the Government of the Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 20th August, 2019/29th Srav., 1941. [No. 20-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—LADAKH AFFAIRS DEPARTMENT
Notification
Srinagar, the 20th August, 2019.
SRO-502.—Whereas, the Government vide Notification SRO-501 dated___________has called upon the 13-Marteslang Constituency to elect the new Councilor for conduct of Bye-Election, LAHDC, Leh.
Now, therefore, in pursuance of rule 12 of the Ladakh Autonomous Hill Development Council (Election) Rules, 1995, the Government hereby appoint the following dates/time for purpose of the said rule :—
1. Date from which nominations can be made : 20-08-2019
2. Last date for making nominations : 26-08-2019 The J&K Govt. Gazette, 20th August, 2019/29th Srav., 1941. [No. 20-b 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
3. Date for the scrutiny of nominations : 27-08-2019
4. Last date for the withdrawal of nominations : 29-08-2019
: 13-09-2019
5. Date on which polls shall, if necessary, be taken
6. Date of counting : 17-09-2019
7. Date before which the Elections : 21-09-2019
shall be completed
By order of the Government of Jammu and Kashmir.
(Sd.) ...............................
Commissioner/Secretary to Government, Ladakh Affairs Department.
No. 20-c] The J&K Govt. Gazette, 20th August, 2019/29th Srav., 1941. Tue. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—LADAKH AFFAIRS DEPARTMENT
Notification
Srinagar, the 20th August, 2019.
SRO-503.—In exercise of the powers conferred by sub-rule (1) of rule 5 of the Ladakh Autonomous Hill Development Councils (Election) Rules, 1995, the Government hereby appoint Deputy Commissioner/Chief Executive Officer, Ladakh Autonomous Hill Development Council, Leh as the Chief Election Authority for conduct of election to the 13- Martselang Constituency, Ladakh Autonomous Hill Development Council, Leh.
By order of the Government of Jammu and Kashmir.
(Sd.) ...............................
Commissioner/Secretary to Government, Ladakh Affairs Department.
EXTRAORDINARY REGD. NO. JK–33 THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––———————
Vol. 132] Jammu, Mon., the 26th Aug., 2019/4th Bhad., 1941. [No. 21-a ––––––––––––––––––––––––––––––––––––––––––––––——————— Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government—Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 26th of August, 2019.
SRO-508.—Whereas, on 10-08-2018, Police Station, Qaimoh reliably came to know that within the Jurisdiction of Police Station, Qaimoh in Village Hawoora some persons namely 01. Afroz Ahmad Bhat S/o Bashir Ahmad Bhat R/o Wanpora Qaimoh, 02. Zahid Rasool Sheikh S/o Gh. Rasool Sheikh R/o Qaimoh, 03. Suliman Ibrahim Sheikh S/o Mohd Ibrahim R/o Rampora, 04. Azhar-ud-Din Lone S/o Mohd Ashraf R/o Hawoora and Javid Ahmad Bhat S/o Ali Mohd R/o Redwani along with other unknown OGW's have conducted a meeting in the residential house of Altaf Kachroo to target the Police and security persons. The suspected persons have also discussed to snatch the weapons from security forces to
strengthen the terrorist activities in the area ; and 2 The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. [No. 21-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Whereas, a case FIR No. 61/2018 under sections 18, 19, 38, 39 ULA(P) Act, 1967 of Police Station, Qaimoh was registered and investigation taken up ; and
3. Whereas, during the course of investigation site plan of place of occurrence was prepared and statement of witnesses acquainted with facts and circumstances of case were recorded under section 161, 164-A Cr. P. C. Investigation conducted substantiated that accused (A1-A9) namely Afroz Ahmad Bhat, Zahid Rasool Sheikh, Suliman Ibrahim Sheikh, Azhar-ud-Din Lone, Mohd Yousuf Bhat, Fayaz Ahmad Doono, Tawseef Ahmad Sheikh, Javid Ahmad Badroo, Mehraj-ud-Din Sheikh are facilitating/aiding and harboring, accused (A10-A12) Mohd Altaf Dar @ Altaf Kachroo, Ovais Ahmad Lone @ Raju and Javid Ahmad Bhat who are active militants of banned organization LeT and are causing threat to the security forces and integrity and sovereignty of India by indulging in various subversive activities in the valley especially in District Anantnag. Statement of witnesses recorded would inter alia reveal that accused A1-A9 along with active militants (A10-A12) Mohd Altaf Dar @ Altaf Kachroo S/o Gul Mohd Dar R/o Hawoora, Ovais Ahmad Lone @ Raju S/o Ali Mohd R/o Redwani on 10-08-2018 hatched criminal conspiracy at Hawoora for furtherance of subversive activities and snatching of weapons from Security forces that the accused (A10-A12) are active militants and have been found involved in many terrorist activities viz. snatching of weapons and firing incidents in the jurisdiction of District Kulgam of which separate FIRs are registered at various Police Stations ; and
4. Whereas, evidence oral and documentary, collected during the course of investigation prima facie established case under sections 18,19, 38,39 ULA (P) Act, 1967 against accused 1. Afroz Ahmad Bhat S/o Bahsir Ahmad Bhat R/o Wanpora, Qaimoh 2. Zahid Rasool Sheikh S/o Gh. Rasool R/o Qaimoh 3. Suliman Ibrahim Sheikh S/o Mohd Ibrahim R/o Rampora 4. Azhar-ud-Din Lone S/o Mohd Ashraf R/o Hawoora 5. Mohd Yousuf Bhat S/o Ali Mohd R/o Redwani 6. Fayaz Ahmad Doono S/o Bashir Ahmad R/o Redwani 7. Tawseef Ahmad Sheikh S/o Mohd Sultan R/o Qaimoh 8. Javid Ahmed Bandroo S/o Mohd Jamal R/o Qaimoh 9. Mehraj-ud-Din Sheikh S/o Gull Mohd R/o Qaimoh and under sections 18, 39 UAP Act against accused 10. Javid Ahmad Bhat S/o Ali Mohd R/o Redwani 11. Mohd Altaf Dar @ Altaf Kachroo S/o Gul Mohd R/o Hawoora 12. Qvais Ahmad Lone @ Raja S/o Mohd Ashraf Lone R/o Hawoora and investigation concluded as proved. It is further submitted that accused Mohd Altaf Dar @ No. 21-a] The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——— Altaf Kachroo S/o Gh. Mohd R/o Hawoora and Ovais Ahmad Lone @ Raja S/o
Mohd Ashraf Lone R/o Akbar Abad, Hawoora have been killed in different
encounters with security forces as per copies of FIR placed on file. Accused
(A10) Javid Ahmad Bhat S/o Ali Mohd R/o Redwani is an Active Terrorist
against whom proceedings under section 512 Cr. P. C. have been proposed by
the investigating agency ; and
5. Whereas, the Authority appointed by the State Governement 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 (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. Afroz Ahmad Bhat S/o Bashir Ahmad Bhat R/o
Wanpora Qaimoh 2. Zahid Rasool Sheikh S/o Gh. Rasool R/o Qaimoh 3. Suliman
Ibrahim Sheikh S/o Mohd Ibrahim R/o Rampora 4. Azhar-ud-Din Lone S/o Mohd
Ashraf R/o Hawoora 5. Mohd Yousuf Bhat S/o Ali Mohd R/o Redwani 6. Fayaz
Ahmad Doono S/o Bashir Ahmad R/o Redwani 7. Tawseef Ahmad Sheikh S/o
Mohd Sultan R/o Qaimoh 8. Javid Ahmad Badroo S/o Mohd Jamal R/o Qaimoh
9. Mehraj-ud-Din Sheikh S/o Gull Mohd R/o Qaimoh for the commission of
offences punishable under sections 18, 19, 38 and 39 of Unlawful Activities
(Prevention) Act, 1967 and against accused 10. Javid Ahmad Bhat S/o Ali Mohd 4 The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. [No. 21-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– R/o Redwani for commission of offences punishable under sections 18 and 39 of
the unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 61/2018 of
Police Station, Qaimoh.
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-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––HOME DEPARTMENT
Notification
Srinagar, the 26th August, 2019.
SRO-512.––Whereas, on 22-07-2016, Police Station, Lalpora received an information through reliable source to the effect that some miscreants have unfurled Pakistani flag on airtel tower at Dewar Anderbugh and the unruly mob armed with stones and sticks are proceeding towards Army Camp, Rednag ; and 2 The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. [No. 21-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. Whereas, a case FIR No. 87/2016 under sections 147, 148, 149, 152 RPC, 13 ULAP Act was registered and investigation taken up ; and
3. Whereas, during the course, site plan was prepared, statement of witnesses acquainted with the facts were recorded and seizure memo of few stones and sticks was prepared, disclosure memo and recovery memo with regard to Pakistani Flag was prepared, Vehicle (Van) bearing registration No. JK056/0207 used for the commission of crime was also seized and subsequently released in favour of rightful owner on the
direction of Hon'ble Court. Offences under sections 147, 148, 149, 152 RPC, 13 ULAP Act were established against 08 accused persons namely, 1. Gh. Nabi Bhat @ Gull S/o Wali Mohammad Bhat R/o Lalpora, 2. Azad Ahmad Tantray S/o Ab. Rehman Tantary R/o Lalpora, 3. Ishfaq Ahmad Bhat S/o Mohammad Sideeq Bhat R/o Lalpora, 4. Mushtaq Ahmad Naikoo S/o Gh. Rasool Naikoo R/o Dever, 5. Ishfaq Ahmad
Jatto @ Jail S/o Bashir Ahmad Jatto R/o Dever, 6. Jehangir Ahmad Bhat @ S/o Mirza Bhat R/o Dever, 7. Javid Ahamd Naikoo S/o Gh. Rasool Naikoo R/o Dever, 8. Aijaz Ahmad Bhat S/o Ab. Majeed Bhat R/o Dever who were arrested in the instant case and subsequently bailed out by the competent court ; and
4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against
the said accused persons ; and
5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provision of law.
6. Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, No. 21-e] The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1967, the State Government hereby accords sanction for launching prosecution against the accused persons namely, 1. Gh. Nabi Bhat @ Gull S/o Wali Mohammad Bhat R/o Lalpora, 2. Azad Ahmad Tantray S/o Ab. Rehman Tantary R/o Lalpora, 3. Ishfaq Ahmad Bhat S/o Mohammad Sideeq Bhat R/o Lalpora, 4. Mushtaq Ahmad Naikoo S/o Gh. Rasool Naikoo R/o Dever, 5. Ishfaq Ahmad Jatto @ Jail S/o Bashir Ahmad Jatto R/o Dever, 6. Jehangir Ahmad Bhat @ S/o Mirza Bhat R/o Dever, 7. Javid Ahamd Naikoo S/o Gh. Rasool Naikoo R/o Dever, 8. Aijaz Ahmad Bhat S/o Ab. Majeed Bhat R/o Dever for the commission of offences punishable under section 13 of Unlawful Activities (Prevention) Act, 1967, arising out of FIR No. 87/2016 of Police Station, Lalpora.
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-f
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 26th August, 2019.
SRO-513.––Whereas, on 11-11-2018, Police Station, Pattan received a docket from SI Zakir Hussain No. 1156299 of Police Component, Pattan to the effect that while conducting naka checking, one scooty without registration No. plying from Pattan towards Srinagar was intercepted and the rider and pillow rider who were lateron identified 2 The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. [No. 21-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————
as 1. Owais Farooq Lone S/o Farooq Ahmad Lone R/o Maisuma, Srinagar and 2. Arbaz Hussain Bhat S/o Gh. Hussain Bhat R/o Karimabad, Pulwama were subject to personal search and during search 02 Grenades were recovered from Owais Farooq Lone and 53 rounds of AK-47 were recovered from Arbaz Hussain Bhat ; and
2. Whereas, a case FIR No. 213/2018 under sections 7/25 A. Act, 18, 20 UAPA, 1967 was registered at Police Station, Pattan and investigation was taken up ; and
3. Whereas, during the course of investigation, statement of witnesses acquainted with facts and circumstances of case were recorded under relevant provisions of law and placed on record. Site plan of place of occurrence was also prepared. arms/ ammunition recovered from the accused persons Owais Farooq Lone and Arbaz Hussain Bhat were seized as piece of evidence and seizure memo was prepared. The motorcycle without valid documents was also seized as piece of evidence. Investigation conducted revealed that accused Owais Farooq Lone and Arbaz Hussain Bhat are OGW's of HM outfit and had acquired illegal arms with the intention to commit subversive activities in Valley. Evidence collected has prima facie established the commission of offences punishable under sections 7/25 A. Act, 18, 20 UAP Act, 207 M.V Act, 1988 against accused 1. Owais Farooq Lone S/o Farooq Ahmad Lone R/o Maisuma, Srinagar and 2. Arbaz Hussain Bhat S/o Gh. Hussain Bhat R/o Karimabad, Pulwama and investigation of the case has been concluded as proved against them ; and
4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and
5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/ No. 21-f] The J&K Govt. Gazette, 26th August, 2019/4th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
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 the accused persons namely, 1. Owais Farooq Lone S/o Farooq Ahmad Lone R/o Maisuma, Srinagar, 2. Arbaz Hussain Bhat S/o Gh. Hussain Bhat R/o Karimabad, Pulwama for the commission of offences punishable under sections 18 and 20 of Unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 213/2018 of Police Station, Pattan.
By order of Government of Jammu and Kashmir.
(Sd.) ......................................
Principal Secretary to the Government, Home Department.
No. 29-g] The J&K Govt. Gazette, 22nd Oct., 2019/30th Asv., 1941. Tue. —————————————————————————————————
EXTRAORDINARY REGD. NO. JK–33
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—FINANCE DEPARTMENT
Notification
Srinagar, the 22nd October, 2019.
SRO- 631.— In exercise of the powers conferred by sub-section (2)
of section 7 of Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No.V of 2017) the State Government on the recommendations of the
Council hereby notifies that the following activities or transactions undertaken
by the State Government in which they are engaged as public authorities, shall
be treated neither as a supply of goods nor a supply of service namely :—
"Service by way of grant of alcoholic liquor licence against
consideration in the form of licencec fee or application fee or by
whatever nameit is called"
By order of the Government of Jammu and Kashmir.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner,
Finance Department.
No. 29-h] The J&K Govt. Gazette, 22nd Oct., 2019/30th Asv., 1941. Tue. —————————————————————————————————
EXTRAORDINARY REGD. NO. JK–33
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—FINANCE DEPARTMENT
Notification
Srinagar, the 22th October, 2019.
SRO- 632.— In exercise of the powers conferred by section 164 of Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No.V of 2017) the State Governement hereby appoints the 24th day of September, 2019 as the date on which the provisions of rules 10, 11, 12 and 26 of the Jammu and Kashmir Goods and Services Tax Rules, 2017 Notification No. ..... SRO.............dated.................
This notification shall deem to have come into force w. e. f. 24th
September, 2019.
By order of the Government of Jammu and Kashmir.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner,
Finance Department.
No. 29-i] The J&K Govt. Gazette, 22nd Oct., 2019/30th Asv., 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
Srinagar, the 22th October, 2019.
SRO- 633.— In exercise of the powers conferred under the proviso to the sub-section (1) of section 10 of the Jammu and Kashmir Goods and Service Tax Act, 2017 (Act No.V of 2017) (hereinafter referred to as the said Act), the State Government, on the recommendation of the Council, hereby makes the following further amendments in the SRO Notification No. ..... dated.............namely :—
(1) In the table
(i) aftern SI No. 2 and the entries thereto the following SI No. and
entries shall be inserted namely.
"2A 2202 10 10 Aerated Water"
This notification shall come into force w. e. f. 1st October, 2019.
By order of the Government of Jammu and Kashmir.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner,
Finance Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132] Jammu, Wed., the 11th Sept., 2019/20th Bhad., 1941. [No. 23-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 11th September, 2019.
SRO-524.––Whereas, on 05-03-2018, Police Station, Awantipora received a written docket from SHO, P/S, Awantipora to the effect that he along with SDPO, Awantipora were on patrolling duty in the area of Lethpora. During said patrolling, SDPO, Awantipora received credible inputs about the presence of active terrorists of banned terrorist 2 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-b –––––––––––––––––––––––––––––––––––––––––––––—–––—————
organization Jaesh-e-Mohammad (JeM) in the residential house of the accused namely, Ghulam Mohi-ud-Din Dar S/o Ghulam Ahmad Dar R/o Hatiwara, Lethpora. Acting on this specific input, SDPO, Awantipora informed the Army, CRPF and SOG Components/Units and the said area was cordoned off accordingly. The terrorist(s) were given opportunity to surrender and in denial to same, the terrorist(s) started firing upon the said cordoning force and in retaliation, one active terrorist of banned terrorist organization Jaesh-e-Mohammad (JeM) was neutralized. The dead body of the neutralized terrorist was retrieved from the encounter site and was identified as Mufti Abdul Mateen alias Mufti Waqas, resident of Abbaspora, Muzafferabad, Pak Occupied Kashmir, PoK ; and
2. Whereas, a case FIR No. 34/2018 under sections 307, R. P. C. 7/27 A. Act, 16, 18, 19, 20, 38 ULA(P) Act was registered at Police Station, Awantipora and investigation was taken up ; and
3. Whereas, necessary memos to this effect were prepared and placed on record. During the course of investigation, the identity of the dead body was ascertained to be of one Mufti Abdul Mateen alias Mufti Waqas Resident of Abbaspora, Muzaffarabad, Pakistan affiliated with the banned terrorist organisation Jaesh-e-Mohammad (JeM), who was operating in the area of South Kashmir as self-styled Divisional Commander. (Herein after referred to as accused No. 1). The Injury Memo was prepared in relation to dead body of accused No. 1 and thereafter was sent to local hospital wherefrom said dead body was shifted to Police Hospital, Srinagar for conduct of Post Mortem. The Post Mortem over the dead body of the accused No. 1 was performed at Police Hospital, Srinagar by team of Doctors headed by Dr. Mymoona on 05-03-2018 and Report thereof obtained. During the course of Post Mortem, the samples from the dead body of accused No. 1 were collected and packed and were sealed before the Executive Magistrate 1st Class, Srinagar. The sealed samples were sent to CFSL, New Delhi for DNA Profiling and Analysis on 17-03-2018. Thereafter, the dead body of accused No. 1 was handed over to Fayaz Ahmad Pandith, Chairman, Auqaf Committee, Gantmullah, Sheeri for performance of last rites ; and
4. Whereas, during the course of investigation, the statements of prosecution witnesses were reduced into writing by the Investigator.
No. 23-b] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Prosecution Witness No. 1 (Inspector Nazir Ahmad No. ARP-046126) in his statement recorded under section 161 Cr. P. C. on 05-03-2018 read with his supplementary statement recorded on 11-03-2018 revealed the involvement of one person namely Ghulam Mohi-ud-Din Dar
S/o Ghulam Ahmad Dar R/o Hatiwara, Awantipora (Hereinafter referred to as accused No. 2) for harbouring and providing assistance to the accused No. 1. Further, Prosecution Witnesses No. 2 (Inspector Sanju Kumar No. 031450399GD-130 Bn. CRPF) ; prosecution witnesses No. 3 (Inspector Mudasir Ahmad No. EXK-109165) ; prosecution witnesses No. 4 (SI, Shah Feisal, No. 113/Awt) ; prosecution witnesses
No. 5 (SI, Manzoor Ahmad, No. 223/Awt) ; prosecution witnesses No. 6 (ASI, Ali Mohammad, No. EXK-872402) ; prosecution witnesses No. 7 (HC, Gulzar Ahmad, No. 413/Awt) and prosecution witnesses No. 8 (Sg. Ct., Hilal Ahmad, No. 750/Awt), in their statements recorded under section 161 Cr. P. C. also revealed the involvement of accused No. 2 in harbouring the accused No. 1 and accordingly on the basis
of evidence so gathered, accused No. 2 was arrested by the investigator on 11-03-2018 and was admitted to bail on 31-03-2018 by the Court of competent jurisdiction. Accordingly, the accused No. 2 was charged for the commission of offence punishable under section 19 of the Unlawful Activities (Prevention) Act. Subsequently, the testimony of
Prosecution Witness No. 6 (ASI, Ali Mohammad, No. EXK-872402) and Prosecution Witnesses No. 7 (HC, Gulzar Ahmad, No. 413/Awt) were recorded under section 164A Cr. P. C. as material witnesses in the case. The recovered illegally acquired arms/ammunition comprising of (1) Pistol along with Magazine (2) Live 8 Rounds ; and (3) 2 Empty Cartridges were re-sealed in presence of Executive Magistrate, 1st Class, Awantipora
and were duly exhibited as Exhibit-Al , Exhibit-B1 and Exhibit-Cl. The re-sealed and Exhibited samples were dispatched to FSL, Jammu for Expert Ballistic Opinion on 16-04-2018. The said Expert Ballistic Opinion was received from the FSL, Jammu vide Report No. 91/BLS/FSL/18 dated 09-08-2018. The Ballistic Opinion received from the FSL, Jammu confirmed the fact that the 02 empty Cartridges were fired from the
said recovered Pistol ; and
5. Whereas, on the strength of evidence both Scientific and Ocular collected during investigation offences punishable under section as shown 4 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-b –––––––––––––––––––––––––––––––––––––––––––––—–––—————
against each are made out and investigation of case has been concluded as proved :—
Sr. Name of accused person Section(s) of Law No. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– l. Mufti Abdul Mateen alias Mufti Section 307 of Ranbir Waqas (Accused No. 1) Resident of Penal Code, section Abbaspora, Muzaffarabad, Pakistan 7/27 of Arms Act, affiliated with the banned terrorist sections 16, 18, 20 and organisation Jaesh-e-Mohammad 38 of Unlawful (JeM). (Dead/Neutralized) Activities (Prevention)
Act.
2. GhulamMohi-ud-Din Dar S/o Sections 19 of Unlawful Ghulam Ahmad Dar R/o Hatiwara, Activities (Prevention) Awantipora, Tehsil Awantipora, Act. District Pulwama (Accused No. 2) (On Bail)
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 accused person No. 2 namely Ghulam Mohi-ud-Din Dar ; and
7. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused No. 2 for his prosecution under the aforesaid provision of law and since accused No. 1 has been neutralized/dead, as such, no sanction/view is required in his case.
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 accused namely Ghulam Mohi-ud-Din Dar No. 23-b] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
S/o Ghulam Ahmad Dar R/o Hatiwara, Tehsil Awantipora, District Pulwama, for the commission of offences under section 19 of Unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 34/2018 of P/S, Awantipora.
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, Wed., the 11th Sept., 2019/20th Bhad., 1941. [No. 23-c
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 11th September, 2019.
SRO-525.––Whereas, on 12-09-2017, Police Station, Pattan received a written docket to the effect that while conducting naka checking, a person whose activities were suspicious was tactfully apprehended and was subjected to personal search. During search three leaves of letters of banned HM outfit bearing the seal of Divisional Commander of said 2 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-c –––––––––––––––––––––––––––––––––––––––––––––—–––—————
outfit having incriminating material written on them were recovered. The
suspect disclosed his identity as Ishtiyaq Ahmad Wani S/o Farooq Ahmad
Wani R/o Goshbugh, Pattan. The individual has been found working
for the above named banned organization ; and
2. Whereas, a case FIR No.165/2017 under sections 506 RPC 13,
40 UA(P) Act was registered at Police Station, Pattan and investigation
was taken up ; and
3. Whereas, during the course of investigation, on the basis of
statement of witnesses, seizure memos and other evidence the investigating
officer established a prima facie case against the accused Ishtiyaq
Ahmad Wani S/o Farooq Ahmad Wani R/o Goshbugh, Pattan under
sections 506 RPC and 13 and 40 of the Unlawful Activities (Prevention)
Act, 1967. The accused was arrested in the case and later on bailed
out by the Hon'ble Court ; 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 person namely Ishtiyaq Ahmad Wani S/o Farooq Ahmad
Wani R/o Goshbugh, Pattan for the commission of offences punishable No. 23-c] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
under sections 13 and 40 of Unlawful Activities (Prevention) Act, 1967
arising out of FIR No. 165/2017 of Police Station, Pattan.
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 11th Sept., 2019/20th Bhad., 1941. [No. 23-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 11th September, 2019.
SRO-526.––Whereas, on 10/11-12-2017, Police Station, Handwara received an information through reliable sources to the effect that some unknown militants were hiding in the residential house of Ab. Hamid Mir S/o Mohammad Sultan Mir R/o Unsoo and on receipt of said information, CASO was launched with the assistance of 22 RR and 2 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————
92 Bn. CRPF. During CASO the militants hiding in the house fired upon the security forces, which was retaliated, and during encounter three
militants were eliminated on spot and one lady namely Mysara Begum
W/o Ishfaq Ahmad Wani R/o Unsoo also died in the crossfire ; and
2. Whereas, a case FIR No. 393/2017 under sections 307, 212
RPC, 19 ULA (P) Act, 1967, 7/27 A. Act was registered at Police
Station, Handwara and investigation was taken up ; and
3. Whereas, during the course of investigation, site plan of place
of occurrence was prepared. Photography of the dead bodies was got
conducted. During inspection of scene of occurrence dead bodies of 03 militants and a lady with bullet injuries were recovered and taken in
to possession. Necessary memos to this effect were prepared and placed on record. The dead body of lady was identified as Mysara Begum and
accordingly was handed over to her legal heirs after completion of medico legal formalities. The dead bodies of killed militants couldn't be identified
and after conducting post mortem and DNA profiling, they were handed
over to local Auqaf at Baramulla for their burial. Arms ammunition viz. Rifle AK 47 (03 Numbers), Mag. AK 47 Rifle (12 Numbers),
Ammunition AK 47 (271 Rds.) and UBGL Grenade (03 Nos.) were recovered from the place of occurrence and seizure memo was prepared.
During the course of investigation statement of witnesses acquainted
with facts and circumstances of the case were recorded under section 161 Cr. P. C. besides statement of material witnesses were also
recorded under section 164-A Cr. P. C. Statement of witnesses so recorded revealed that accused Ab. Hamid Mir S/o Mohammad Sultan
Mir R/o Unsoo, Tehsil Langate, District Kupwara had voluntarily
harboured, provided food and shelter to three foreign terrorists whose identity could not be ascertained, on the day of occurrence fired with
their illegally acquired arms/ammunition upon the security forces. Evidence collected has prima facie disclosed the commission of offences
punishable under sections 307, 7/27 A. Act against three unidentified foreign militants and under sections 212 RPC, 19 ULA (P) Act against
accused Ab. Hamid Mir S/o Mohammad Sultan Mir R/o Unsoo, Tehsil
Langate, District Kupwara and investigation of case has been concluded as proved against them ; and No. 23-d] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
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.
6. Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against accused person namely Ab. Hamid Mir S/o Mohammad Sultan Mir R/o Unsoo, Tehsil Langate, District Kupwara for commission of offences punishable under section 19 of Unlawful Activities (Prevention)
Act, 1967 in case FIR No. 393/2017 of Police Station, Handwara.
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, Wed., the 11th Sept., 2019/20th Bhad., 1941. [No. 23-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––HOME DEPARTMENT
Notification
Srinagar, the 11th September, 2019.
SRO-527.––Whereas, on 10-11-2017, Police Station, Qazigund received an information through reliable sources to the effect that the militants of LeT Outfit Organization namely (1) Shakoor Ahmad Dar S/o Mohd Munawar Dar R/o Sopat (02) Bin YaminYousuf @ Bill Dar S/o Mohd Yousuf Dar R/o Kudwani (3) Shams-ul-Waqar @ Paira 2 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————
S/o Mohd Amin Teeli R/o Ganjipora with the help of OGW's of said outfit fired indiscriminately with their illegally acquired weapons on Police vehicle (Ruby) bearing registration No. JK01 P/8963 boarded with Police Personnel with the intention to kill them and to snatch their arms/ ammunition at National Highway, Bonigam etc. ; and
2. Whereas, a case FIR No. 306 of 2017 was registered at Police
Station, Qazigund and investigation taken up ; and
3. Whereas, during the course of investigation, site plan of place of occurrence was prepared. The statements of witnesses were recorded under section 161 Cr. P. C. The statements of witnesses namely HC, Khursheed Ahmad, PID No. ARP-881319 of CAWS, Zewan, Srinagar and HC, Abdul Rehman, No. 143/IRP 19th Bn. were recorded under section 164-A Cr. P. C. wherein they have divulged that they were travelling in a police vehicle Ruby bearing registration No. JK01 P/8963 towards Jammu and on reaching Bonigam militants fired indiscriminately upon the said vehicle with criminal intention to kill the police personnel and to snatch their arms/ammunition. Later on they came to know that the militants namely Shakoor Ahmad Dar S/o Mohd Munawar Dar R/o Sopat (02) Bin Yamin Yousuf @ Bill Dar S/o Mohd Yousuf Dar R/o Kudwani (3) Shams-ul-Waqar @ Paira S/o Mohd Amin Teeli R/o Ganjipora (4) Yawar Bashir S/o Bashir Ahmad Wani R/o Hablish (dead) (5) Bilal Ahmad Sheikh (OGW's) S/o Ghulam Mohd Sheikh R/o Rampora have fired upon them ; and
4. Whereas, prima facie on the basis of evidences collected and witness statements recorded case under sections 307, 120-B, RPC, 7/27 Arms Act, 13, 16, 18, 20, 38, 39 ULA(P) Act is made out against 01. Shakoor Ahmad Dar (A1) S/o Mohd Munawar Dar R/o Sopat 02. Bin YaminYousf (A2) @ Bill Dar S/o MohdYousf Dar R/o Khudwani 03. Shamsul Waqar (A3) @ Paira S/o Mohd Amin Teeli R/o Ganjipora 04. Yawar Bashir Wani (A4) S/o Bashir Ahmad Wani R/o Hablish and prima facie case under sections 13, 18, 20 ULA (P) against Bilal Ahmad Shiekh (A5) (OGW) S/o Gh. Mohd Sheikh R/o Rampora, Qaimoh, Kulgam was made out. Out of five accused persons, three A1, A2 and A4 have been killed in different firing incidents and no sanction is required against them as proceeding will be abated in view of death of these No. 23-e] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
accused persons while as sanction is required in respect of A3 for the commission of offences punishable under sections 13, 16, 18, 20, 38 and 39 and A5 for the commission of offences punishable under sections 13, 18 and 20 ; 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 for commission of offences punishable under sections 13, 16, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 ; 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 persons for the commission of offences shown against each arising out of FIR No. 306/2017 of P/S, Qazigund :—
S. Name of accused person Offences under
section, UAPA, 1967 No. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Shamas-ul-Waqar @ Paira S/o Mohd 13, 16, 18, 20, 38 and
Amin Teeli R/o Ganjipora 39
2. Bilal Ahmad Shiekh (OGW) S/o 13, 18 and 20
Gh. Mohd Sheikh R/o Rampora, Qaimoh, Kulgam
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 11th Sept., 2019/20th Bhad., 1941. [No. 23-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––HOME DEPARTMENT
Notification
Srinagar, the 11th September, 2019.
SRO-527.––Whereas, on 10-11-2017, Police Station, Qazigund received an information through reliable sources to the effect that the militants of LeT Outfit Organization namely (1) Shakoor Ahmad Dar S/o Mohd Munawar Dar R/o Sopat (02) Bin YaminYousuf @ Bill Dar S/o Mohd Yousuf Dar R/o Kudwani (3) Shams-ul-Waqar @ Paira 2 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————
S/o Mohd Amin Teeli R/o Ganjipora with the help of OGW's of said outfit fired indiscriminately with their illegally acquired weapons on Police vehicle (Ruby) bearing registration No. JK01 P/8963 boarded with Police Personnel with the intention to kill them and to snatch their arms/ ammunition at National Highway, Bonigam etc. ; and
2. Whereas, a case FIR No. 306 of 2017 was registered at Police
Station, Qazigund and investigation taken up ; and
3. Whereas, during the course of investigation, site plan of place of occurrence was prepared. The statements of witnesses were recorded under section 161 Cr. P. C. The statements of witnesses namely HC, Khursheed Ahmad, PID No. ARP-881319 of CAWS, Zewan, Srinagar and HC, Abdul Rehman, No. 143/IRP 19th Bn. were recorded under section 164-A Cr. P. C. wherein they have divulged that they were travelling in a police vehicle Ruby bearing registration No. JK01 P/8963 towards Jammu and on reaching Bonigam militants fired indiscriminately upon the said vehicle with criminal intention to kill the police personnel and to snatch their arms/ammunition. Later on they came to know that the militants namely Shakoor Ahmad Dar S/o Mohd Munawar Dar R/o Sopat (02) Bin Yamin Yousuf @ Bill Dar S/o Mohd Yousuf Dar R/o Kudwani (3) Shams-ul-Waqar @ Paira S/o Mohd Amin Teeli R/o Ganjipora (4) Yawar Bashir S/o Bashir Ahmad Wani R/o Hablish (dead) (5) Bilal Ahmad Sheikh (OGW's) S/o Ghulam Mohd Sheikh R/o Rampora have fired upon them ; and
4. Whereas, prima facie on the basis of evidences collected and witness statements recorded case under sections 307, 120-B, RPC, 7/27 Arms Act, 13, 16, 18, 20, 38, 39 ULA(P) Act is made out against 01. Shakoor Ahmad Dar (A1) S/o Mohd Munawar Dar R/o Sopat 02. Bin YaminYousf (A2) @ Bill Dar S/o MohdYousf Dar R/o Khudwani 03. Shamsul Waqar (A3) @ Paira S/o Mohd Amin Teeli R/o Ganjipora 04. Yawar Bashir Wani (A4) S/o Bashir Ahmad Wani R/o Hablish and prima facie case under sections 13, 18, 20 ULA (P) against Bilal Ahmad Shiekh (A5) (OGW) S/o Gh. Mohd Sheikh R/o Rampora, Qaimoh, Kulgam was made out. Out of five accused persons, three A1, A2 and A4 have been killed in different firing incidents and no sanction is required against them as proceeding will be abated in view of death of these No. 23-e] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
accused persons while as sanction is required in respect of A3 for the commission of offences punishable under sections 13, 16, 18, 20, 38 and 39 and A5 for the commission of offences punishable under sections 13, 18 and 20 ; 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 for commission of offences punishable under sections 13, 16, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 ; 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 persons for the commission of offences shown against each arising out of FIR No. 306/2017 of P/S, Qazigund :—
S. Name of accused person Offences under
section, UAPA, 1967 No. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Shamas-ul-Waqar @ Paira S/o Mohd 13, 16, 18, 20, 38 and
Amin Teeli R/o Ganjipora 39
2. Bilal Ahmad Shiekh (OGW) S/o 13, 18 and 20
Gh. Mohd Sheikh R/o Rampora, Qaimoh, Kulgam
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to the Government, Home Department.
EXTRAORDINARY REGD. NO. JK–33 THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––———————
Vol. 132] Jammu, Wed., the 11th Sept., 2019/20th Bhad., 1941. [No. 23-f ––––––––––––––––––––––––––––––––––––––––––––––——————— Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I––B
Jammu and Kashmir Government—Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Srinagar, the 11th September, 2019.
SRO-528.—Whereas, on 25-05-2018, Police Station, Bus Stand, Jammu received a docket to the effect that while conducting patrolling at B. C. Road,
Jammu near Khalsa Petrol Pump some unknown miscreants lobbed a grenade like explosive substance towards the Police Patrolling Party with the intention to create fear among the general public as well as to kill the Police Personnel, as a result of which Inspector Rajesh Jasortia, SHO, Police Station Bus Stand, Sgct. Shah Israr, SPO Arjun Kumar and one civil person namely Jagdev Raj S/o Prem Chand R/o Billawar At Present Krishana Nagar, Jammu were injured and
shifted to GMC, Jammu for treatment. Besides some private vehicles also got damaged ; and 2 The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. [No. 23-f ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Whereas, a case FIR No. 28/2018 under sections 307, 527 RPC, 3/4 ES Act, 16 UAP Act 1967 was registered at Police Station, Bus Stand, Jammu and investigation of the case was taken up ; and
3. Whereas, during the coursc of investigation, place of occurrence was inspected and during inspection some pieces of blast material and clay were recovered and seized on spot in presence of witnesses and seizure memo was prepared. Site plan of place of occurrence was also prepared and placed on record. Further vehicles TAVERA No. JK01R-2261 and INNOVA bearing No. JK01P-9471 which were damaged due to blast from the spot were also seized as piece of evidence in the case. The seized material was got resealed in presence of Executive Magistrate and sent to FSL Srinagar for expert opinion ; and
4. Whereas, during the course of investigation, various suspects were questioned and the statement of witnesses under section 161 Cr. P. C. were recorded. Tower DUMP DATA of the day of occurrence from the local service providers were also obtained. Seized vehicles TAVERA No. JK01R-5561 and vehicle INNOVA No. JK01P-9471 were later released by the order of Hon'ble Court of Addl. Sessions Judge, Jammu to drivers of the said vehicles on proper receipt ; and
5. Whereas, during further course of investigation suspect namely Mohd Ashraf Khan S/o Ghulam John R/o Banasa Nallah, Arnas, Reasi Travel Agent of Karan Travel Agency At Present B. C. Road, Jammu was called for questioning, who disclosed that on 24-05-2018 at about 2245 hours, he was present at B. C. Road near Khalsa Petrol Pump when the grenade was lobbed on the Police Party and he can identify the accused person if produced before him at any point of time ; and
6. Whereas, on 07-07-2018, on the identification of the said Mohammad Ashraf two persons namely Ghulam Mohd Sheikh S/o Abdul Khaliq Sheikh R/o Charsoo, Tehsil Awantipora, District Pulwama and Azad Mushtaq Band S/o Mushtaq Ahmed Band R/o Baragam, Tehsil Tral, District Pulwama were apprehended from Bus Stand, Jammu and thoroughly questioned. During questioning Azad Mushtaq Band disclosed that accused Ghulam Mohd Sheikh S/o Abdul Khaliq Sheikh R/o Charsoo Tehsil Awantipura, District Pulwama lobbed the Grenade on Police Party resulting injuries to Police Personnel and damage to vehicles on sopt. Accordingly, the statement of said Ghulam Mohammad Sheikh was video graphed in presence of Executive Magistrate, Ist Class, Jammu and forms part of the file. Identification Parade of above said accused namely Ghulam No. 23-f] The J&K Govt. Gazette, 11th Sept., 2019/20th Bhad., 1941. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——— Mohd Sheikh S/o Abdul Khaliq Sheikh R/o Charsoo, Tehsil Awantipura, District Pulwama through witness namely Mohd Ashraf in presence of Executive Magistrate, Ist Class, Jammu was got conducted and statement of Mohd Ashraf was recorded under section 164-A Cr. P. C. before the Hon'ble Court of law and placed on file. Investigation conducted prima facie established commission of offences punishable under sections 307, 427 RPC, 3/4 ES Act, 16 UAP Act against accused Ghulam Mohd Sheikh S/o Abdul Khaliq Sheikh R/o Charsoo, Tehsil Awantipura, District Pulwama and investigation of case concluded as proved against him. It is further submitted that involvement of Azad Mushtaq Band, driver of the vehicle bearing registration No. JK03C/0564 could not be established in the instant case and benefit under section 169 Cr. P. C. given to him ; and
7. Wheread, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawfful 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
8. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Governement 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 person namely Ghulam Mohammad Sheikh S/o Abdul Khaliq Sheikh R/o Charsoo, Banupora, Tehsil Awantipora, District Pulwama for the commission of offences punishable under section 16 of Unlawful Activities (Prevention) Act, 1967, arising out of FIR No. 28/2018 of Police Station, Bus Stand, Jammu.
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-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Srinagar, the 3rd October, 2019.
SRO-559.—In exercise of the powers conferred by clause (o) of
sub-section (1) of section 4 of the Code of Criminal Procedure, Samvat
1989, the Government hereby declares the place(s) specified in column (1) of the schedule below as "Police Station" for the purpose of
registration and investigation of case(s) relating to offences falling under the provisions of the information Technology Act, 2000 and other allied The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. [ No. 27-a
2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
offence, in respect of the area specified in the corresponding entries in
column (2) thereof. These Police Stations shall be in addition to the two Police Stations viz. Police Station Crime Branch, Jammu and Police Station,
Crime Branch, Kashmir notified vide SRO-202 dated 03-06-1999 read with SRO-204 dated 27-07-2009.
Schedule
Name of the Police Station Areas falling within the jurisdiction
of the Police Station
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Cyber Police Station, Jammu Zone Whole of the area of Jammu Zone
(CPSJ)
Cyber Police Station, Kashmir Zone Whole of the area of Kashmir Zone
(CPSK)
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––— Vol. 132] Jammu, Mon., the 21st Oct., 2019/29th Asv., 1941. [No. 29-o –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government––Notifications.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 21st of October, 2019.
SRO-612.––Whereas, on 29-02-2016, P/S, Sadder received an information to the effect that on 22-02-2016, General Secretary, Hurriyat (G), Shabir Ahmad Shah in presence of other Hurriyat leaders addressed a press conference at his office Sanatnagar where he condemned the death threat to Syed Ali Shah Geelani and further said that J&K was not a part of India and people should honour mujahedeen who were brave hearted and were sacrificing their lives to separate J&K from India ; and
2. Whereas, a case FIR No. 26/2016 under section 13 ULA (P) Act, 1967 was registered at Police Station, Sadder Srinagar and investigation initiated ; and 2 The J&K Govt. Gazette, 21st Oct., 2019/29th Asv., 1941. [No. 29-o —————————————————————————————————
3. Whereas, during the course of investigation, it was revealed that accused Shabir Ahmad Shah S/o Gh. Ahmad Shah R/o Kadipora Anantnag (A/P 179, Badshah Colony, Sanatnagar, Srinagar) during a press conference stated that J&K was not a part of India and that they should honour mujahedeen who were brave hearted and were sacrificing their lives to separate J&K from India, thereby instigated the youth towards subversive activities and legitimized terrorism ; and
4. Whereas, the investigation conducted, prima facie, established the commission of offence punishable u/s 13 of the ULA (P) Act, 1967, against the accused person namely Shabir Ahmad Shah S/o Gh. Ahmad Shah R/o Kadipora, Anantnag ; and
5. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 967, 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 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 person namely Shabir Ahmad Shah S/o Gh. Ahmad Shah R/o Kadipora, Anantnag A/P 179 Badshah Colony, Sanatnagar, Srinagar for the Commission of offences punishable u/s 13 of Unlawful Activities (Prevention) Act, 1967, in case FIR No. 26/2016 of Police Station, Sadder Srinagar.
By order of Government of Jammu and Kashmir.
(Sd.) ..................................
Principal Secretary to Government, Home Department.
EXTRAORDINARY REGD. NO. JK––33 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––— Vol. 132] Jammu, Thu., the 24th Oct., 2019/2nd Kart., 1941. [No. 30-c –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government––Notifications.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATI RAJ
Notification
Srinagar, the 24th of October, 2019.
SRO-642.––In exercise of the powers conferred by clause (a) of section 2 of the Jammu and Kashmir State Town Planning Act, 1963, the Government hereby appoint the Development Board, Leh consisting of the following in respect of the area specified in the Annexure appended to this notification for the purposes of the said Act :—
1. Deputy Commissioner, Leh Chairperson
2. Assistant Conimissioner Development, Member Secretary
Leh
3. District Panchayat Officer, Leh Member 2 The J&K Govt. Gazette, 24th Oct., 2019/2nd Kart., 1941. [No. 30-c —————————————————————————————————
4. Executive Engineer, PWD/PHE/PDD, Member
Leh
5. Chief Education Officer, Leh Member
6. Chief Agriculture Officer, Leh Member
7. Chief Horticulture Officer, Leh Member
By order of Government of Jammu and Kashmir.
(Sd.) SHEETAL NANDA, IAS,
Secretary to Government, Rural Development Department.
————
No. 30-c] The J&K Govt. Gazette, 24th Oct., 2019/2nd Kart., 1941. 3 —————————————————————————————————
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EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 30th July, 2020/8th Srav., 1942. [No. 18-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––———
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, RAMBAN,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Ramban, the 30th of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of Plastic
Waste Management Rules, 2016, the Authority hereby makes the following
bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be called
the Municipal Committee, Ramban, Plastic Waste Management Bye-laws-
2020.
(2) They shall come into force from the date of their publication in
the Government Gazette.
2 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Ramban.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(i) "Act" means the Environment (Protection) Act, 1986 (29 of
1986) ;
(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;
(iii) "brand owner" means a person or company who sells any
commodity under a registered brand label ;
(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100 kg. per day ;
(v) "Bye-laws" means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;
(vii) "commodity" means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981) ;
(x) "disintegration" means the physical breakdown of a material
into very small fragments ;
(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas recovery ;
(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;
(xiii) "extended producer's responsibility" means responsibility
of a producer for the environmentally sound management of the product until the end of its life ;
(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;
(xv) "facility" means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;
(xvii) "Local Body" for the purpose of these Bye-laws means
JMC/SMC and other Local Bodies including Municipal Council/Committees in the Union Territory ;
(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;
(xix) "multilayered packaging" means any material used or to
be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more 4 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(xx) "Nuisance Detectors" (NDs) means those employees of
the Municipal Committee, Ramban who are appointed by the
authorities to detect the acts of public nuisance etc. related to
plastic waste management ;
(xxi) "plastic" means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(xxii) "plastic sheet" means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(xxiii) "plastic waste" means any plastic discarded after use or
after their intended use is over ;
(xxiv) "Prescribed authority" means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies ;
(xxv) "producer" means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(xxvi) "recycling" means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
(xxvii) "registration" means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Committee,
Ramban or statutory authority concerned, as the case may be
;
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxviii) "street vendor" shall have the same meaning as assigned to
it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(xxix) "use and throwaway plastics" mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading
on dining table, etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups '
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d) Water pouches and packets,
(e) Plastic straw,
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
6 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(xxx) "virgin plastic" means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(xxxi) "waste generator" means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(xxxii) "waste management" means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(xxxiii) "Waste pickers" mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as "List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water" as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
(c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as "Guidelines for Recycling
of Plastics", as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label "compostable" shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for "Compostable Plastics". The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Councils/Committees in its jurisdiction shall be
as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
8 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(c) Jammu and Kashmir Public Works Department, Municipal
Corporations/Urban Local Bodies, Rural Development
Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further
recycled) for road construction as per Indian Road Congress
guidelines ;
(d) Thermo set plastic waste shall be processed and disposed of
as per the guidelines issued from time to time by the Central
Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic
waste shall be disposed of in compliance with the Solid Waste
Management Rules, 2016 or as amended from time to time.
6. Responsibilities of Municipal Corporation/Urban Local
Bodies/Village Panchayats :—(i) The Jammu/Srinagar Municipal
Corporations, Urban Local Bodies and Village Panchayats shall be
responsible for development and setting up of infrastructure for segregation,
collection, storage, transportation, processing and disposal of the plastic
waste either on its own or by engaging agencies or producers.
(ii) The Municipal Corporations, Urban Local Bodies and Gram
Panchayats shall be responsible for setting up, operationalization
and coordination of the waste management system and for
performing the associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction
of plastic waste in accordance with the guidelines issued by
the Central Pollution Control Board ;
(e) Creating awareness among all stakeholders about their
responsibilities ;
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Corporations, Urban Local Bodies and Gram Panchayats shall seek assistance of producers and setup a system of plastic waste management as per of Plastic Waste Management Rules, 2016, or any other relevant law amended from time to time.
(iv) The Municipal Corporation and Urban Local Bodies shall
endeavour and encourage—
a. Civil society organizations involved in plastic eradication in order to implement Plastic Waste Management Rules, 2016 and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste processing. It may be encouraged for the purpose of technical guidance as well as implementation through appropriate organizations.
(v) The Municipal Corporation and Urban Local Bodies shall extend the Slum Adoption Program to the uncovered areas within their wards for solid waste management and plastic waste management, with the possible assistance of qualified Community Based Organizations (CBOs)/Non-Government Organizations (NGOs)/Voluntary Service Organizations (VSOs)/ Self Help Groups (SHG) or other organizations holding statutory validations ;
(vi) Cleanliness drives will be conducted by the Municipal Corporations, Local Bodies and village panchayat in association with public representatives, citizen organizations, Government bodies, corporates, NGOs for the cleanliness of areas inside the slums, from time to time, in association with CBOs participating in the Slum Adoption Program.
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Plastic Waste 10 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Management Rules, 2016, and amendments made in these rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated storage of waste at source and handover segregated waste to Jammu and Kashmir Municipal Corporation/Urban Local Bodies/Gram Panchayats or agencies appointed by them or registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Solid Waste Management Rules, 2016, as amended from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centers either on its own or through the authorized waste collection agency once in a week on Wednesday or any other designated day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic waste management, which is included in the solid waste management user fee as per Municipal Corporations, Urban Local Bodies, village panchayat under the Solid Waste Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space, where service of food stuff is in plastic or multilayered packaging shall segregate and manage the waste generated during such events in accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of Jammu/ Srinagar Municipal Corporation/Council/Committees. Further, the organizers shall pay the user fee prescribed for events in open public places ; and shall not use single use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse Vending Machine or any other appropriate system of recycling PET bottles as approved by Central Pollution Control Board/Jammu and Kashmir Pollution Control Board. If not, penalty will be levied as per Schedule-I.
8. Responsibilities of Producers, Importers and Brand Owners.— (1) Primary responsibility for collection of used multilayered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners, who introduce the products in the market, they need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection is to be submitted to the Jammu and Kashmir Pollution Control Board while applying for consent to Establish or Operate or Renewal. The Brand Owners, whose consent has been renewed before the No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– notification of these rules, shall submit such plan within one year from the
date of notification of these Bye-laws.
The producers shall work out modalities for waste collection system
based on Extended Producers Responsibility and inform Municipal
Committee, Ramban accordingly within 6 months from the notification of
Plastic Waste Management Bye-Laws, 2020.
(2) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Committee, Ramban limits.
(3) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(4) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and Kashmir
Pollution Control Board.
(5) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination of
the degree of degradability and degree of disintegration of plastic material
shall be as per the protocols of the Indian Standards listed in Schedule-
II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a label
"compostable" and shall conform to the Indian Standard : IS or ISO 17088 12 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– : 2008 titled as Specifications for "Compostable Plastics" and also the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—No person shall manufacture carry bags made from compostable plastics/ multilayered packaging without obtaining registration with Jammu and Kashmir Pollution Control Board within Jammu and Srinagar Municipal Corporation/Urban Local Bodies/Village Panchayat limits.
12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags made with compostable plastics or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging which are not manufactured or labelled or marked in accordance with these Bye-laws shall be liable to pay such fines as specified under the Bye- laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.
In case of an offender not able to pay the fine as mentioned in Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.
14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.
(2) The Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall take No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– the assistance of the Deputy Commissioner concerned within the territorial limits of the jurisdiction of the Municipal Corporation in the enforcement of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Commissioner, Jammu/ Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, or any other officer as authorized by the Commissioner/Chief Executive Officer/Executive Officer will conduct surprise checks in various parts of the wards in the Corporation limits at any point of time to enforce compliance of the Bye-laws. Any contravention of any clause of this Bye-law shall attract a fine as per Schedule-I of the Bye- laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway plastics' :
Provided that the plastic used for the following purposes are exempted :—
(c) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;
(d) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units ;
(e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;
14 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Commissioner, Jammu/ Srinagar Municipal Corporations, Chief Executive Officer/ Executive Officer, Urban Local Bodies,or any other officer as authorized by the Commissioner/CEO/EO, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head), with Chief Sanitation Officer/Assistant Sanitation Officer/Chief Enforcement Officer, Anti-polythene Officer, and Chief Revenue Officer as its members for Municipal Coorporations. The Urban Local Bodies shall be represented by concerned CEOs/EOs while as for Gram Panchayats concerned BDOs and Panchayat Officers shall be members of the Committee. The Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the capacity of "Appellate Authority". If the violator has any grievances related to the fines levied by the Inspection Authority, the violator after payment of fine may appeal to the Appellate
Authority i. e., Zonal Officer within 15 days of receipt of fine No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– imposition challan from Inspection Authority. Upon receipt of such appeals, the Appellate Authority shall enquire and dispose the appeal by passing speaking orders. If the appellant submits evidence and Appellate Authority is convinced that fine is levied wrongly or in excess, it may be rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of Corporations/Directors of concerned ULBs/ACD, Rural Development and District Panchayat Officer, shall serve as the "Revision Authority". Further, against the orders of the Appellate Authority, appellants can file review petition with the Revision Authority i. e., respective Deputy Commissioner within 15 days of receipt of orders by Appellate Authority. The Revision Authority shall enquire and dispose the appeal with final orders. If the appellant submits evidence and Revision Authority is convinced that fine is levied wrongly or in excess, it may be rectified immediately and fine levied and paid may be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir Municipal Corporation Act, 2000/Jammu and Kashmir Municipal Act, 2000 and as per Schedule-I in these Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the Jammu/Srinagar Municipal Corporation/Municipal Council/ Committees. A separate budget code shall be established for this purpose.
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of Jammu/ Srinagar Municipal Corporation/Municipal Council/Committees in Registration Form-I along with following fee :—
For waste channelizers - Rs. 300/-
For Recyclers/Processors/Dealers - Rs. 500/-
(b) Submit an annual report in Form-II to Jammu/Srinagar Municipal Corporation/Council/Committees under intimation to the Jammu and Kashmir Pollution Control Board by the
30th April of every year.
16 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Jammu/Municipal Committee, Ramban/Council/Committee shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation
to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law Amount of fine applicable
for breach for By-law*
––––––––––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(a) Name, Registration Number of Rs. 1000/-
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
"Recyclable" or "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(b) Name of the manufacturer and Rs. 1000/-
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
18 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Open Burning of Plastic Waste in any Public Place/Private Property/ vacant sites— (a) Individuals within their private Rs. 1000/-
premises
(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-
3. Littering, non-segregation of plastic
waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4. Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential Rs. 5000/-
(b) Commercial Rs. 15000/-
(c) Institutional Rs. 10000/-
5. Non-registration in Jammu/Srinagar Rs. 5000/-
Municipal Corporation/Urban Local
Bodies, Format-l
6. Failure to submit Annual Report Rs. 5000/-
to Jammu/Srinagar Municipal Corporation/Urban Local Bodies, by 30th April of every year.
Chief Enforcement Officer (SMW)
Executive Officer, Municipal Committee, Ramban.
––––––––
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
(See by Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.
Chief Enforcement Officer (SMW) Executive Officer, Municipal Committee, Ramban.
–––––––
20 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Municipal Committee, Ramban to be
submitted to the Public Health and Sanitation Wing, Municipal
Corporations/Municipal Councils/Committees and Gram Panchayats.
One time registration fees to be paid.
| 1. Name and Address of the Unit | ||||
| 2. Contact person with designation, Tel./ Fax/e-mail | ||||
| 3. Date of commencement | ||||
| 4. No. of workers (including contract labour) | ||||
| 5. Waste Management | S. No. Type Category | Qty. | ||
| (a) Waste generation in I processing plastic waste II | ||||
| (b) Waste collection and transportation (attach details) | ||||
| (c) Waste Disposal details | S. No. | Type | Category | Qty. |
| I | ||||
| (d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC | ||||
| (e) Please attach analysis report of characterization of waste generated (including leachate test if applicable) |
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
| 6. | Occupational safety and health aspects | Please provide details of facilities |
| 7. | Pollution Control Measures : | |
| Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents | If yes, please furnish details | |
| Whether unit is in compliance with conditions laid down in the said rules | Yes/No | |
| Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment | ||
| Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. | Yes/No | |
| 8. | Any other relevant information including fire or accident mitigative measures | |
| Date : Name and signature Place : Designation |
––––––
22 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF PLASTIC
WASTE PROCESSING OR RECYCLING FACILITY TO THE
LOCAL BODY
Period of Reporting :
1. Name and Address of operator of
the facility :
2. Name of officer incharge of the facility
(Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during the year being reported upon along with the source :
6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :
7. Quantity of inert or rejects sent for
final disposal to landfill sites :
8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :
9. Attach status of compliance to
environmental conditions, if any,
specified during grant of consent or registration :
Date :
Signature of Operator.
Place :
––––––
No. 18-1] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 23 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE
MANAGEMENT TO BE SUBMITTED BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial establishments
and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments and
Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in place for
management of plastic waste in the area under jurisdiction along with the details of agencies involved in door to door collection 24 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction
12. Attach details of infrastructure required,
if any, along with justification
13. Quantity of Plastic Waste generated during
the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized for
recycling during the year (in tons)
16. Quantity of Plastic Waste channelized for
use during the year (in tons)
17. Quantity of inert or rejects sent to landfill
sites during the year (in tons)
18. Details of each of facilities used for
processing and disposal of plastic—
Facility-I :
1. Name of operator
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity o f Registration (up to) EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 31st July, 2020/9th Srav., 1942. [No. 18-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, KHOUR,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020.
Notification
Khour, the 31st of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of
Plastic Waste Management Rules, 2016, the Authority hereby makes the
following bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be
called the Municipal Committee, Khour, Plastic Waste Management Bye-
laws-2020.
2 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Khour.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(i) "Act" means the Environment (Protection) Act, 1986 (29 of
1986) ;
(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;
(iii) "brand owner" means a person or company who sells any
commodity under a registered brand label ;
(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100 kg. per day ;
(v) "Bye-laws" means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;
(vii) "commodity" means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;
(ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) ;
(x) "disintegration" means the physical breakdown of a material
into very small fragments ;
(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;
(xiii) "extended producer's responsibility" means responsibility
of a producer for the environmentally sound management of the product until the end of its life ;
(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;
(xv) "facility" means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;
(xvii) "Local Body" for the purpose of these Bye-laws means JMC/SMC and other Local Bodies including Municipal
Council/Committees in the Union Territory ;
(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;
4 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(xix) "multilayered packaging" means any material used or to
be used for packaging and having at least one layer of plastic
as the main ingredients in combination with one or more
layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(xx) "Nuisance Detectors" (NDs) means those employees of
the Municipal Committee, Khour who are appointed by the
authorities to detect the acts of public nuisance etc. related
to plastic waste management ;
(xxi) "plastic" means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(xxii) "plastic sheet" means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(xxiii) "plastic waste" means any plastic discarded after use or
after their intended use is over ;
(xxiv) "Prescribed authority" means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies ;
(xxv) "producer" means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(xxvi) "recycling" means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxvii) "registration" means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Committee,
Khour or statutory authority concerned, as the case may
be ;
(xxviii) "street vendor" shall have the same meaning as assigned
to it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(xxix) "use and throwaway plastics" mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading
on dining table, etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups '
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d) Water pouches and packets,
(e) Plastic straw, 6 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
(xxx) "virgin plastic" means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(xxxi) "waste generator" means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(xxxii) "waste management" means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(xxxiii) "Waste pickers" mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as "List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water" as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as "Guidelines for Recycling
of Plastics", as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label "compostable" shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for "Compostable Plastics". The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Councils/Committees in its jurisdiction shall be
as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
8 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Plastic waste, which cannot be recycled, shall be channelized to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with ;
(c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;
(d) Thermo set plastic waste shall be processed and disposed of as per the guidelines issued from time to time by the Central Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic waste shall be disposed of in compliance with the Solid Waste Management Rules, 2016 or as amended from time to time.
6 . Responsibilities of Municipal Committee, Khour.—
(i) shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation,
processing and disposal of the plastic waste either on its own or by engaging agencies or producers.
(ii) The Municipal Committee, Khour, shall be responsible for setting up, operationalization and coordination of the waste management system and for performing the associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction of plastic waste in accordance with the guidelines issued
by the Central Pollution Control Board ;
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Committee, Khour shall seek assistance of
producers and setup a system of plastic waste management
as per of Plastic Waste Management Rules, 2016, or any
other relevant law amended from time to time.
(iv) Municipal Committee, Khour shall endeavour and encourage—
a. Civil society organizations involved in plastic eradication in
order to implement Plastic Waste Management Rules, 2016
and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
(v) Municipal Committee, Khour, shall extend the Slum Adoption
Program to the uncovered areas within their wards for solid
waste management and plastic waste management, with the
possible assistance of qualified Community Based
Organizations (CBOs)/Non-Government Organizations
(NGOs)/Voluntary Service Organizations (VSOs)/Self Help
Groups (SHG) or other organizations holding statutory
validations ;
(vi) Cleanliness drives will be conducted by the Municipal
Committee, Khour in association with public representatives,
citizen organizations, Government bodies, corporates, NGOs
for the cleanliness of areas inside the slums, from time to
time, in association with CBOs participating in the Slum
Adoption Program.
10 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Corporation/Urban Local
Bodies/Gram Panchayats or agencies appointed by them or
registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal Committee, Khour under the Solid Waste
Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in
accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of
Municipal Committee, Khour. Further, the organizers shall pay the user
fee prescribed for events in open public places ; and shall not use single
use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET
bottles as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
8. Responsibilities of Producers, Importers and Brand
Owners.—(1) Primary responsibility for collection of used multilayered
plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners, who introduce the products in the market, they need to
establish a system for collecting back the plastic waste generated due to
their products. This plan of collection is to be submitted to the Jammu and
Kashmir Pollution Control Board while applying for consent to Establish
or Operate or Renewal. The Brand Owners, whose consent has been
renewed before the notification of these rules, shall submit such plan
within one year from the date of notification of these Bye-laws.
The producers shall work out modalities for waste collection system
based on Extended Producers Responsibility and inform Municipal
Committee, Khour accordingly within 6 months from the notification of
Plastic Waste Management Bye-Laws, 2020.
(2) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Committee, Khour limits.
(3) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(4) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and
Kashmir Pollution Control Board.
(5) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination
of the degree of degradability and degree of disintegration of plastic
material shall be as per the protocols of the Indian Standards listed in
Schedule-II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed 12 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a
label "compostable" and shall conform to the Indian Standard : IS or ISO
17088 : 2008 titled as Specifications for "Compostable Plastics" and also
the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—
No person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board within Municipal Committee, Khour limits.
12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags made with compostable plastics or multilayered
packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging which are not manufactured or labelled or marked in accordance with
these Bye-laws shall be liable to pay such fines as specified under the Bye-laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention of these Bye-laws shall be punishable with fines as per the Schedule of
Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.
In case of an offender not able to pay the fine as mentioned in No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.
14. Enforcement mechanism for Municipal Corporation and
Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Khour shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.
(2) The Executive Officer, Municipal Committee, Khour, shall take the assistance of the Deputy Commissioner concerned within the territorial limits of the jurisdiction of the Municipal Committee in the enforcement
of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Khour, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the Bye-laws. Any contravention of any clause of this Bye-law shall attract
a fine as per Schedule-I of the Bye-laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per
G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway plastics' :
Provided that the plastic used for the following purposes are exempted.
(c) The plastic carry bags, manufactured exclusively for export 14 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;
(d) The plastic bags which constitute or form an integral part of
packaging in which goods are sealed prior to use at manufacturing/processing units ;
(e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;
(f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Khour, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and Revenue Officer as its members for Municipal Committee, No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Khour. The Urban Local bodies shall be represented by
concerned CEOs/EOs as the member of the Committee. The
Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of "Appellate Authority". If the violator has any
grievances related to the fines levied by the Inspection
Authority, the violator after payment of fine may appeal to
the Appellate authority i. e., Zonal Officer within 15 days of
receipt of fine imposition challan from Inspection Authority.
Upon receipt of such appeals, the Appellate Authority shall
enquire and dispose the appeal by passing speaking orders. If
the appellant submits evidence and Appellate Authority is
convinced that fine is levied wrongly or in excess, it may be
rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the "Revision Authority". Further, against the orders of the
Appellate Authority, appellants can file review petition with
the Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Municipal Committee, Khour. A separate budget code shall
be established for this purpose.
16 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of
Municipal Committee, Khour in Registration Form-I along
with following fee :—
For waste channelizers - Rs. 300/-
For Recyclers/Processors/Dealers - Rs. 500/-
(b) Submit an annual report in Form-II to Municipal Committee, Khour under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.
(2) Jammu/Srinagar Municipal Corporation/Council/Committee
shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I
Schedule of Fines
S. No. Description of Bye-law Amount of fine applicable
for breach for By-law*
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(xxxiv) Name, Registration Number of Rs. 1000/-
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
"Recyclable" or "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(xxxv) Name of the manufacturer and Rs. 1000/-
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
18 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Open Burning of Plastic Waste in any Public Place/Private Property/
vacant sites— (a) Individuals within their private Rs. 1000/-
premises
(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-
3. Littering, non-segregation of plastic
waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic Rs. 1000/-
Waste at source by apartments and group households
(d) Non-segregation of plastic waste Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4. Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential Rs. 5000/-
(b) Commercial Rs. 15000/-
(c) Institutional Rs. 10000/-
5. Non-registration in Municipal Rs. 5000/-
Committee, Khour Format-l
6. Failure to submit Annual Report Rs. 5000/-
to Municipal Committee, Khour, by 30th April of every year.
Executive Officer,
Municipal Committee, Khour.
––––––––
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.
Executive Officer,
Municipal Committee, Khour.
–––––––
20 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Municipal Committee, Khour to be
submitted to the Public Health and Sanitation Wing, Municipal
Corporations/Municipal Councils/Committees and Gram
Panchayats.
One time registration fees to be paid.
| 1. | Name and Address of the Unit | ||||
| 2. | Contact person with designation, Tel./ Fax/e-mail | ||||
| 3. | Date of commencement | ||||
| 4. | No. of workers (including contract labour) | ||||
| 5. | Waste Management | S.No. Type Category Qty. | |||
| (a) Waste generation in I processing plastic waste II | |||||
| (b) Waste collection and transportation (attach details) | |||||
| (c) Waste Disposal details | S.No. | Type | Category | Qty. | |
| I | |||||
| (d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC | |||||
| (e) Please attach analysis report of characterization of waste generated (including leachate test if applicable) |
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
| 6. | Occupational safety and health aspects | Please provide details of facilities |
| 7. | Pollution Control Measures : | |
| Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents | If yes, please furnish details | |
| Whether unit is in compliance with conditions laid down in the said rules | Yes/No | |
| Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment | ||
| Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. | Yes/No | |
| 8. | Any other relevant information including fire or accident mitigative measures | |
| Date : Name and signature Place : Designation |
Executive Officer,
Municipal Committee, Khour.
––––––
22 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY
Period of Reporting :
1. Name and Address of operator of
the facility :
2. Name of officer incharge of the facility
(Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during
the year being reported upon along with the source :
6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :
7. Quantity of inert or rejects sent for
final disposal to landfill sites :
8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :
9. Attach status of compliance to
environmental conditions, if any,
specified during grant of consent or registration :
Date :
Signature of Operator.
Place :
––––––
No. 18-3] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC
WASTE MANAGEMENT TO BE SUBMITTED
BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial establishments
and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments and
Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in place for
management of plastic waste in the area under jurisdiction along with the details of agencies
involved in door to door collection 24 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction
12. Attach details of infrastructure required,
if any, along with justification
13. Quantity of Plastic Waste generated during
the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized for
recycling during the year (in tons)
16. Quantity of Plastic Waste channelized for
use during the year (in tons)
17. Quantity of inert or rejects sent to landfill
sites during the year (in tons)
18. Details of each of facilities used for
processing and disposal of plastic—
Facility-I :
1. Name of operator
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity of Registration (up to) EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 31st July, 2020/9th Srav., 1942. [No. 18-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, AKHNOOR,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020.
Notification
Akhnoor, the 31st of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of
Plastic Waste Management Rules, 2016, the Authority hereby makes the
following bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be
called the Municipal Committee, Akhnoor, Plastic Waste Management
Bye-laws-2020.
2 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Akhnoor.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(i) "Act" means the Environment (Protection) Act, 1986 (29 of
1986) ;
(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;
(iii) "brand owner" means a person or company who sells any
commodity under a registered brand label ;
(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100 kg. per day ;
(v) "Bye-laws" means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;
(vii) "commodity" means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;
(ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) ;
(x) "disintegration" means the physical breakdown of a material
into very small fragments ;
(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;
(xiii) "extended producer's responsibility" means responsibility
of a producer for the environmentally sound management of the product until the end of its life ;
(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;
(xv) "facility" means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;
(xvii) "Local Body" for the purpose of these Bye-laws means JMC/SMC and other Local Bodies including Municipal
Council/Committees in the Union Territory ;
(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;
4 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(xix) "multilayered packaging" means any material used or to
be used for packaging and having at least one layer of plastic
as the main ingredients in combination with one or more
layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(xx) "Nuisance Detectors" (NDs) means those employees of
the Municipal Committee, Akhnoor who are appointed by the
authorities to detect the acts of public nuisance etc. related
to plastic waste management ;
(xxi) "plastic" means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(xxii) "plastic sheet" means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(xxiii) "plastic waste" means any plastic discarded after use or
after their intended use is over ;
(xxiv) "Prescribed authority" means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies ;
(xxv) "producer" means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(xxvi) "recycling" means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxvii) "registration" means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Committee,
Akhnoor or statutory authority concerned, as the case may
be ;
(xxviii) "street vendor" shall have the same meaning as assigned
to it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(xxix) "use and throwaway plastics" mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading
on dining table, etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups '
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d) Water pouches and packets,
(e) Plastic straw, 6 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
(xxx) "virgin plastic" means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(xxxi) "waste generator" means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(xxxii) "waste management" means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(xxxiii) "Waste pickers" mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as "List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water" as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as "Guidelines for Recycling
of Plastics", as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label "compostable" shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for "Compostable Plastics". The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Councils/Committees in its jurisdiction shall be
as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
8 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Plastic waste, which cannot be recycled, shall be channelized to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with ;
(c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;
(d) Thermo set plastic waste shall be processed and disposed of as per the guidelines issued from time to time by the Central Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic waste shall be disposed of in compliance with the Solid Waste Management Rules, 2016 or as amended from time to time.
6 . Responsibilities of Municipal Committee, Akhnoor.—
(i) shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation,
processing and disposal of the plastic waste either on its own or by engaging agencies or producers.
(ii) The Municipal Committee, Akhnoor, shall be responsible for setting up, operationalization and coordination of the waste management system and for performing the associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction of plastic waste in accordance with the guidelines issued
by the Central Pollution Control Board ;
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Committee, Akhnoor shall seek assistance of
producers and setup a system of plastic waste management
as per of Plastic Waste Management Rules, 2016, or any
other relevant law amended from time to time.
(iv) Municipal Committee, Akhnoor shall endeavour and
encourage—
a. Civil society organizations involved in plastic eradication in
order to implement Plastic Waste Management Rules, 2016
and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
(v) Municipal Committee, Akhnoor, shall extend the Slum Adoption
Program to the uncovered areas within their wards for solid
waste management and plastic waste management, with the
possible assistance of qualified Community Based
Organizations (CBOs)/Non-Government Organizations
(NGOs)/Voluntary Service Organizations (VSOs)/Self Help
Groups (SHG) or other organizations holding statutory
validations ;
(vi) Cleanliness drives will be conducted by the Municipal
Committee, Akhnoor in association with public representatives,
citizen organizations, Government bodies, corporates, NGOs
for the cleanliness of areas inside the slums, from time to
time, in association with CBOs participating in the Slum
Adoption Program.
10 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Corporation/Urban Local
Bodies/Gram Panchayats or agencies appointed by them or
registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal Committee, Akhnoor under the Solid Waste
Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in
accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of
Municipal Committee, Akhnoor. Further, the organizers shall pay the user
fee prescribed for events in open public places ; and shall not use single
use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET
bottles as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
8. Responsibilities of Producers, Importers and Brand
Owners.—(1) Primary responsibility for collection of used multilayered
plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners, who introduce the products in the market, they need to
establish a system for collecting back the plastic waste generated due to
their products. This plan of collection is to be submitted to the Jammu and
Kashmir Pollution Control Board while applying for consent to Establish
or Operate or Renewal. The Brand Owners, whose consent has been
renewed before the notification of these rules, shall submit such plan
within one year from the date of notification of these Bye-laws.
The producers shall work out modalities for waste collection system
based on Extended Producers Responsibility and inform Municipal
Committee, Akhnoor accordingly within 6 months from the notification of
Plastic Waste Management Bye-Laws, 2020.
(2) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Committee, Akhnoor limits.
(3) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(4) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and
Kashmir Pollution Control Board.
(5) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination
of the degree of degradability and degree of disintegration of plastic
material shall be as per the protocols of the Indian Standards listed in
Schedule-II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed 12 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a
label "compostable" and shall conform to the Indian Standard : IS or ISO
17088 : 2008 titled as Specifications for "Compostable Plastics" and also
the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—
No person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board within Municipal Committee, Akhnoor
limits.
12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to
consumer in carry bags made with compostable plastics or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging
which are not manufactured or labelled or marked in accordance with these Bye-laws shall be liable to pay such fines as specified under the Bye-laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention
of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– In case of an offender not able to pay the fine as mentioned in Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.
14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Akhnoor shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.
(2) The Executive Officer, Municipal Committee, Akhnoor, shall take the assistance of the Deputy Commissioner concerned within the
territorial limits of the jurisdiction of the Municipal Committee in the enforcement of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Akhnoor, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the
Bye-laws. Any contravention of any clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification
will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway
plastics' :
Provided that the plastic used for the following purposes are exempted.
14 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;
(d) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units ;
(e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;
(f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Akhnoor, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Revenue Officer as its members for Municipal Committee,
Akhnoor. The Urban Local bodies shall be represented by
concerned CEOs/EOs as the member of the Committee. The
Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of "Appellate Authority". If the violator has any
grievances related to the fines levied by the Inspection
Authority, the violator after payment of fine may appeal to
the Appellate authority i. e., Zonal Officer within 15 days of
receipt of fine imposition challan from Inspection Authority.
Upon receipt of such appeals, the Appellate Authority shall
enquire and dispose the appeal by passing speaking orders. If
the appellant submits evidence and Appellate Authority is
convinced that fine is levied wrongly or in excess, it may be
rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the "Revision Authority". Further, against the orders of the
Appellate Authority, appellants can file review petition with
the Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Municipal Committee, Akhnoor. A separate budget code shall
be established for this purpose.
16 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of
Municipal Committee, Akhnoor in Registration Form-I along
with following fee :—
For waste channelizers - Rs. 300/-
For Recyclers/Processors/Dealers - Rs. 500/-
(b) Submit an annual report in Form-II to Municipal Committee, Akhnoor under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.
(2) Jammu/Srinagar Municipal Corporation/Council/Committee
shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I
Schedule of Fines
S. No. Description of Bye-law Amount of fine applicable
for breach for By-law*
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(xxxiv) Name, Registration Number of Rs. 1000/-
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
"Recyclable" or "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(xxxv) Name of the manufacturer and Rs. 1000/-
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
18 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Open Burning of Plastic Waste in any Public Place/Private Property/
vacant sites— (a) Individuals within their private Rs. 1000/-
premises
(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-
3. Littering, non-segregation of plastic
waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic Rs. 1000/-
Waste at source by apartments and group households
(d) Non-segregation of plastic waste Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4. Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential Rs. 5000/-
(b) Commercial Rs. 15000/-
(c) Institutional Rs. 10000/-
5. Non-registration in Municipal Rs. 5000/-
Committee, Akhnoor Format-l
6. Failure to submit Annual Report Rs. 5000/-
to Municipal Committee, Akhnoor, by 30th April of every year.
Executive Officer,
Municipal Committee, Akhnoor.
––––––––
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.
Executive Officer,
Municipal Committee, Akhnoor.
–––––––
20 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I
Registration
Application form for registration of units engaged in processing or
recycling of plastic waste at Municipal Committee, Akhnoor to be
submitted to the Public Health and Sanitation Wing, Municipal
Corporations/Municipal Councils/Committees and Gram
Panchayats.
One time registration fees to be paid.
| 1. | Name and Address of the Unit | ||||
| 2. | Contact person with designation, Tel./ Fax/e-mail | ||||
| 3. | Date of commencement | ||||
| 4. | No. of workers (including contract labour) | ||||
| 5. | Waste Management | S.No. Type Category Qty. | |||
| (a) Waste generation in I processing plastic waste II | |||||
| (b) Waste collection and transportation (attach details) | |||||
| (c) Waste Disposal details | S.No. | Type | Category | Qty. | |
| I | |||||
| (d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC | |||||
| (e) Please attach analysis report of characterization of waste generated (including leachate test if applicable) |
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
| 6. | Occupational safety and health aspects | Please provide details of facilities |
| 7. | Pollution Control Measures : | |
| Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents | If yes, please furnish details | |
| Whether unit is in compliance with conditions laid down in the said rules | Yes/No | |
| Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment | ||
| Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. | Yes/No | |
| 8. | Any other relevant information including fire or accident mitigative measures | |
| Date : Name and signature Place : Designation |
Executive Officer,
Municipal Committee, Akhnoor.
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22 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY
Period of Reporting :
1. Name and Address of operator of
the facility :
2. Name of officer incharge of the facility
(Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during
the year being reported upon along with the source :
6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :
7. Quantity of inert or rejects sent for
final disposal to landfill sites :
8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :
9. Attach status of compliance to
environmental conditions, if any,
specified during grant of consent or registration :
Date :
Signature of Operator.
Place :
––––––
No. 18-5] The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC
WASTE MANAGEMENT TO BE SUBMITTED
BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial establishments
and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments and
Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in place for
management of plastic waste in the area under jurisdiction along with the details of agencies
involved in door to door collection 24 The J&K Govt. Gazette, 31st July, 2020/9th Srav., 1942. [No. 18-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction
12. Attach details of infrastructure required,
if any, along with justification
13. Quantity of Plastic Waste generated during
the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized for
recycling during the year (in tons)
16. Quantity of Plastic Waste channelized for
use during the year (in tons)
17. Quantity of inert or rejects sent to landfill
sites during the year (in tons)
18. Details of each of facilities used for
processing and disposal of plastic—
Facility-I :
1. Name of operator
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity of Registration (up to)