REGD NO. JK––33
THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages | Vernacu- lar pages | ||
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 418-426 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 465-482 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 77-78 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 .... 309-314 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 .... 103-104 | 205-208 |
Printed at the Ranbir Government Press, Jammu.
418 The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. [ No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 1770 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Naseer Ahmad Dar S/o Mohd Yousuf Dar R/o Berigam, Mukhdampora, Berigam, Tehsil Devsar, District Kulgam 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-218/2020 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. 1777 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Ms. Naurina Ashraf Khan D/o Mohammad Ashraf Khan R/o Bongam Shopian Mir Mohalla, Tehsil Shopian, District Shopian has been admitted and enrolled as an Advocate on the Rolls of Jammu and No. 42] The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. 419 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-217/2020 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. 1778 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Ms. Parshottma Sharma D/o Ramesh Chander Shastri R/o Ward No. 3, Lahri Billawar, Tehsil Billawar, District Jammu A/P H. No. 39A, Small Plot, Gandhi Nagar, 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-219/2020 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. 1779 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Ms. Shazia Chawdhary D/o Mohammad Shafi R/o Dodaj, Tehsil Darhal, District Rajouri has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of 420 The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. [ No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-220/2020 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. 1780 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Sahil Sharma S/o Ramesh Kumar Sharma R/o P/O Gharota, Village Gharota, Tehsil Bhalwal, 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 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-221/2020 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. 1781/LP Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Syed Idrees Andrabi S/o Syed Mohmad Ayoub Andrabi R/o Ratnipora, Pir Mohalla, Tehsil Kakapora, District Pulwama has been admitted and enrolled as an Advocate on the Rolls of Jammu and No. 42] The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. 421 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-222/2020 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. 1782 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Sunny Raj Sharma S/o Ajay Kumar Sharma R/o Jankpour,
Punjdhara, Brahman Mohalla, Tehsil Dachan, District Kishtwar A/P 101-
Trisndhya Vihar, Gurha Brahmana, Patoli, Akhnoor Road, 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 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-223/2020 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. 1783 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Syed Dansih Aejaz S/o Syed Aejaz Ahmad R/o Gundipora, Bongam,
Tehsil Kakapora, District Pulwama has been admitted and enrolled as 422 The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. [ No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-224/2020 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. 1784 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Ms. Tuba Rashid D/o Abdul Rashid Dar R/o Namchabal, Fatehkadal,
Srinagar has been admitted and enrolled as an Advocate on the Rolls
of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-225/2020
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. 1785 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Tarush Kumar Oberoi S/o Pardeep Kumar Oberoi R/o H. No. 293, No. 42] The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. 423 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
W. No. 11, Mohalla Panditan, Tehsil Haveli, District Poonch A/P H.
No. 31, Sec-1A, Green Avenue, Trikuta Nagar Extension, 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 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-226/2020 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. 1786 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Zahid Hassan S/o Gulam Hassan Bhat R/o Wadipora, Ompora,
Tehsil Budgam, District Budgam has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-227/2020 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.) S. JATINDER SINGH,
Assistant Registrar.
––––––––
424 The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. [ No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR (Exercising powers of Bar Council under Section 58 of the Advocates Act, 1961).
Notification
No. 5 Dated 13-07-2020.
It is hereby notified that Shri Shaila Kumar Bhat S/o Shri Radha Krishan Bhat R/o Ajar Bandipora, Kashmir, A/P R/o Mangal Nagar, Ward No. 61, Patta Bohri, Jammu Near Kashmir Hills Resort, bearing Enrolment No. Jk/246/1987 dated 08th June, 1987, who had voluntarily suspended his practice as an Advocate, is now permitted to resume his practice as an Advocate on the roll of Jammu and Kashmir Bar Council.
By order.
––––––––
Notification
No. 6 Dated 16-07-2020.
It is hereby notified that the below mentioned applicants have surrendered their Certificates of Enrolment . Therefore, their Certificates of Enrolment are kept in abeyance with effect from the date(s) shown against each :—
S. Name Date of Enrollment No.
No. Surrender and date ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
S/Shri
1. Mrs. Masarat Shaheen 22-06-2020 Roll No. JK-225/1987 D/o Sh. Gh. Mohd. Dt. 26-05-1987 Qanoongo R/o Lal Bazar, Srinagar
2. Mr. Meraj-u-Din Sofi 22-06-2020 Roll No. 859
S/o Ghulam Ahmad Dt. 11-11-1991 Sofi R/o Sopore, Baramulla
By order.
––––––––
No. 42] The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. 425 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 13 Dated 27-07-2020.
It is hereby notified that the Provisional Enrolment No. JK-139/ 2019 dated 18-03-2019 of Ms. Urvashi D/o Shri Anil Raina R/o House No. 135/17, Upper Roop Nagar, Jammu issued by Hon'ble High Court of Jammu and Kashmir vide Notification No. 1653 dated 29-03-2019 shall be treated as cancelled as the subject has been appointed Civil Judge Junior Division/Munsiff vide order dated 01-06-2020.
By order.
––––––––
Notification
No. 147 Dated 31-10-2020.
It is hereby notified that :
(i) Shri Mohd Haneef Kirmani S/o Shri Gh. Nabi Kirmani R/o Maidan-e-Chogul, Tehsil Handwara Kashmir, bearing Enrolment No. JK-231/1987 dated 1st June, 1987, shall be deemed to have suspended his practice as an advocate w. e. f. 1993 i. e. the date of his joining in the J&K Bank Ltd.
(ii) He is now permitted to resume his practice as an Advocate
on the roll of Jammu and Kashmir Bar Council.
By order.
––––––––
Notification
No. 148 Dated 31-10-2020.
It is hereby notified that :
(i) Shri Parvez Hussain Kachroo S/o Shri Gh. Nabi Kachroo R/o Kalashpora Srinagar, bearing Enrolment No. 977 dated 24-08-1990, shall be deemed to have suspended his practice 426 The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. [ No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
as an Advocate w. e. f. 25-05-1996 i. e. the date of his appointment in J&K Judiciary.
(ii) He is now permitted to resume his practice as an Advocate
on the roll of Jammu and Kashmir Bar Council.
By order.
––––––––
Notification
No. 287 Dated 25-11-2020.
It is hereby notified that Mr. Lakshay Badyal S/o Sh. Munshi Ram Badyal R/o Village Naki, P/O Sundla, Tehsil Majalata, District Udhampur, on having been appointed as Munsiff/Civil Judge vide Govt. Order No. 2258-LD (Estt.) of 2020 dated 01-06-2020, Department of Law, Justice and Parliamentary Affairs (Judicial Administration Section) Civil Secretariat Srinagar/Jammu, has surrendered his Certificate of Enrollment, as an Advocate vide his application dated 20-11-2020. Therefore, his Certificate of Enrollment bearing No. JK-726/2018 dated 29-12-2018 is kept in abeyance.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Registrar (Adm.) THE JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 14th Jan., 2021/24th Pausa, 1942. [ No. 42
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 60-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for construction of Movelkote-Surranda Tetharka
road under PMGSY situated at Village Tetharka, Tehsil Gool, District
Ramban ;
466 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Ramban, a notification under section 4(1) was issued by
Collector, Land Acquisition (ACR), Ramban, vide letter No. ACR/
PMGSY/524-33 dated 02-03-2012 for land measuring 130 Kanals and
4½ Marlas situated in Village Tetharka, Tehsil Gool, District Ramban for
construction of Movelkote-Surranda Tetharka road under PMGSY ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide
No. SDM/G/PMGSY/320-24 dated 17-11-2018 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),
Gool vide letter referred to above duly endorsed by the District Collector,
Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/354-55 dated
03-10-2019, Divisional Commissioner, Jammu vide No. 502/3761/
PMGSY/Tetharka/Rbn/19/2684 dated 30-10-2019 and Financial
Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5130/2020
dated 12-03-2020 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
Movelkote-Surranda Tetharka road under PMGSY situated at Village
Tetharka, Tehsil Gool, 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
130 Kanals and 4½ Marlas situated in Village Tetharka, Tehsil Gool, District
Ramban for construction of Movelkote-Surranda Tetharka road under
PMGSY. Further, the Collector, Land Acquisition (SDM), Gool is directed
under section 7 of the said Act to take orders for acquisition of the said land No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 467 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 Tetharka, Tehsil Gool,
District Ramnagar required for public purposes subject to fulfillment of the
conditions prescribed under section 9(2) and section 17-A of the Land
Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) 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.
Ramban Gool Tetharka 206 min 02–13
190 min 00–18
190 min 00–14
191 min 02–16
191 min 00–17 468 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M.
191 min 00–01
191 min 00–06
191 min 00–05
186 min 00–03
192 01–17
235 min 01–06
235 min 00–13
235 min 01–00
198 01–08
60 00–04
59 01–10
199 min 00–13
199 min 00–03
63 00–08
64 01–13
58 min 00–10
58 min 00–07
56 min 01–09
57 min 00–09
57 min 00–03
56 min 00–11
55 min 01–12
55 min 00–02
55 min 00–05
57 min 00–0½
No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 469 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5
—————————————————————————————
K. M. 54 00–04
51 00–10
49 00–03
42 00–02
50 00–09
37 02–16
36 04–18
67 00–08
608/36 00–03
28 00–07
609/306 00–16
26 min 04–07
26 min 04–08
22 01–11
95 02–14
90 03–10
14 00–16
12 01–00
574/117 min 01–07
574/117 min 00–15
118 min 00–04
121 00–11
119 00–03
118 00–10
06 00–13
118 02–12
12 00–10 470 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M 13 min 01–08
13 min 03–02
13 min 01–11
15 min 00–05
15 min 00–15
1600/15 03–11
22 02–15
25 04–04
28 00–08
604/35 00–12
34 01–08
40 07–12
39 01–06
42 00–04
237 min 02–04
237 min 04–14
501/237 01–16
501/237 01–16
496/238 06–05
234 01–13
450/234 06–03
450/234 02–01
246/234 min 00–17
246/234 min 00–17 No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 471 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5
—————————————————————————————
K. M. 563/492/348 01–19
562/492/348 min 01–11
558/492/348 03–10
558/348 00–08
557/493/348 02–11
348 01–15
–––––
Total 130–4½
–––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 61-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for construction of Kantha-Morh to Mahakund
link road under PMGSY situated at Village Mahakund, Tehsil Gool, District
Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Ramban, a notification under section 4(1) was issued by
Collector, Land Acquisition (ACR), Ramban vide letter No. ACR/
PMGSY/397-405 dated 19-07-2012 for land measuring 50 Kanals and
12 Marlas situated in Village Mahakund, Tehsil Gool, District Ramban for
construction of Kantha-Morh to Mahakund link road under PMGSY ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide
No. SDM/G/PWD/232-35 dated 12-10-2018 and SDM/G/PMGSY/284- 472 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
88 dated 17-11-2018 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), Gool vide letter referred to above duly endorsed by District
Collector Land (DC), Ramban vide No. DC/LA/Rbn/356-57 dated
03-10-2019, Divisional Commissioner, Jammu vide No. 502/3763/Acq/
Mahakund/Rbn/19/2654 dated 30-10-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5124/2020 dated 12-03-2020
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 Kantha-
Morh to Mahakund link road under PMGSY situated in Village Mahakund,
Tehsil Gool, 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
50 Kanals and 12 Marlas situated in Village Mahakund, Tehsil Gool,
District Ramban for construction of Kantha-Morh to Mahakund link road
under PMGSY. Further, the Collector, Land Acquisition (SDM), Gool 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 Mahakund, Tehsil Gool,
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.
No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 473 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) 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.
Ramban Gool Mahakund 843 min 01–14
842 min 00–12
828 min 00–02
830 00–05
831 00–18
829 min 00–02
823 00–16
824 00–02
822 01–04
833 min 00–06
821 00–19
835 min 00–02
820 01–09
819 min 00–06
811 min 00–05 474 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 475
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 1 2 2 3 3 4 4 5 5
————————————————————————————— —————————————————————————————
K. M. K. M.
1226 1006 01–02 00–06
1225 min 1005 01–00 00–03
1227 1004 min 00–10 00–07
1228 811 min 00–11 00–03
1241 1007 00–16 01–11
1240 1008 00–15 01–11
1239 1011 min 00–04 00–10
1276 808 min 00–02 00–13
1277 1012 00–10 00–01
1349 1013 min 00–02 01–15
1275 min 807 min 00–03 00–17
1353 min 806 min 00–06 00–02
1351 1098 01–08 01–10
1350 1097 min 00–05 00–02
1346 1100 00–01 00–06
719 min 771 min 00–05 00–05
1356 min 1099 00–15 02–01
1358 min 1101 min 00–02 01–10
1359 min 1102 00–05 01–05
1378 min 1103 min 00–12 02–03
1379 min 770 min 00–03 02–01
1380 min 1104 min 02–01 00–07
1444 min 1105 00–06 01–00
1445 min 719 min 00–04 01–10
1371 min 1106 00–08 00–04
476 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M. 1500 min 00–01
1501 min 00–08
1502 min 00–09
1503 min 00–01
1509 min 01–16
1510 min 02–06
1516 min 01–10
–––––
Total 50–12
–––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 59-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for construction of Gagger to Bhimdassa
road under PMGSY situated at Village Gundi, Tehsil Gool, District Ramban ;
Whereas, on the basis of an indent placed by Executive Engi neer,
PMGSY, Ramban a notification under section 4(1) was issued by
Collector, Land Acquisition (SDM), Gool vide letter No. 732-39/SDM/G/
PMGSY dated 23-10-2019 for land measuring 68 Kanals and 01 Marla
(Local) situated in Village Gundi, Tehsil Gool, District Ramban ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide
No. SDM/G/PMGSY/968-72 dated 17-11-2018 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 No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 477 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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),
Gool vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/568-69 dated
29-01-2019, Divisional Commissioner, Jammu vide No. 502/4142/Acq/
Bimdassa/PMGSY/Rbn/19/4395 dated 13-02-2020 and Financial
Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5105/2020 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 construction of Gagger
to Bhimdassa road under PMGSY situated at Village Gundi, Tehsil Gool,
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
68 Kanals and 01 Marla (Local) situated in Village Gundi, Tehsil Gool,
District Ramban for construction of Gagger to Bhimdassa road under PMGSY.
Further, the Collector, Land Acquisition (SDM), Gool 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 Gundi, Tehsil Gool, 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.
478 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.
(Sd.) 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.
Ramban Gool Gundi 404/304 min 01–18
404/304 min 05–12
404/304 min 03–01
404/304 min 02–03
119 min 02–06
119 min 05–16
119 min 01–05
119 min 01–05
404/304 min 01–16
404/304 min 05–18
404/304 min 07–14 No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 479 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 —————————————————————————————
K. M. 119 min 05–14
119 min 01–01
404/304 min 04–01
404/304 min 06–11
404/304 min 04–00
404/304 min 06–13
485/402/303 01–07
–––––
Total 68–01
–––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 27-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for construction of road namely L026-Block
boundary Sukrala Machhedi road to Morian under PMGSY situated in
Village Billawar, Tehsil Billawar and District Kathua ;
Whereas, on the basis of an indent placed by Chief Engi neer,
PMGSY, JKRRDA, Jammu, a notification under section 4(1) was issued
by Collector, Land Acquisition (ADC), Billawar vide letter No. ADC/B/
2017-18/1418-26 dated 14-02-2018 for land measuring 11 Kanals and 04
Marlas situated at Village Billawar, Tehsil Billawar and District Kathua for 480 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
construction of road namely L026-Block boundary Sukrala Machhedi road
to Morian under PMGSY ;
Whereas, the Collector, Land Acquisition (ADC), Billawar vide
No. ADC/Bir/2019-20/284 dated 29-10-2019 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 (ADC),
Billawar vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Katthua vide No. DCK/LA/2019-20/1794-98 dated
30-10-2019, Divisional Commissioner, Jammu vide No. 502/4014/Billawar/
Kathua/19/4123 dated 31-12-2019 and Financial Commissioner, Revenue
J&K Jammu vide No. FC-LS/LA-5145/2020 dated 10-03-2020 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 road
namely L026-Block boundary Sukrala Machhedi road to Morian under
PMGSY.
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 04 Marlas situated at Village Billawar, Tehsil Billawar and
District Kathua for construction of road namely L026-Block boundary
Sukrala Machhedi road to Morian under PMGSY. Further, the Collector,
Land Acquisition (ADC), Billawar is directed under section 7 of the said No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 481 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Act to take orders for acquisition of the said land after giving prescribed
notice to the interested person(s) as required under the Land Acquisition
Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) 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.
Kathua Billawar Billawar 9 min 07–19
12 min 01–04
1077/19 min 01–08
20 min 00–13
–––––
Total 11–04
–––––
———
482 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—ESTATES DEPARTMENT.
Subject :– Hotel Accommodation at Srinagar during Summer Session-2020.
———
The undersigned is directed to invite attention of Director, Finance/
Financial Advisor/CAOs/DDOs of all Administrative Departments/HoDs,
regarding the captioned subject and request them to furnish the information
as per the below devised format within 07 days positively, through email
S. Name of Officer/Official Name of Hotel facility Total period of Remarks, if any
No. with designation availed by Officer/ stay in Hotel
Official during Summer w. e. f up to
Season, 2020
————————————————————————————————————
1 2 3 4 5
————————————————————————————————————
The matter may be treated as Most Urgent
(Sd.) KEWAL KRISHAN SHARMA, KAS,
Assistant Director, Estates.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 14th Jan., 2021/24th Pausa, 1942. [ No. 42 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
Subject :— Joining Report.
————
It is to inform your goodself that in compliance to Order No. 628/GS dated 03-12-2020 of Hon'ble High Court of J&K, undersigned has assumed the charge of the Secretary, District Legal Services Authority, Rajouri today A. N. i. e. on 14th of December, 2020. This is for the information of your goodself.
(Sd.) SURINDER KUMAR THAPA,
Secretary/Sub-Judge, District Legal Services Authority, Rajouri.
————
78 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the afternoon of this day respectively made over and received charge of the Office of Chief Medical Officer, Health and Family Welfare, Doda along with cash balance lying in Account No. CD-509 of Jammu and Kashmir Bank, Branch Ex-Doda as on 31-11-2020 A. N. of Rs. 95/- (Rupees Ninty five) only last entry made in the cash book as well as drawal register.
The closing balance as on 30-11-2020 A. N. as per Cash Book and a
per bank statement is Rs. 95/- (Rupees Ninety-five) only.
Memo of the balane for which responsibility is accepted by the Officer,
Receiving Charge.
Permanent Advance : Rs. 95/- (Eupees Ninety-five) only.
Station : Doda.
Dated : 01-12-2020.
(Sd.) ......................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieved Officer.
(Sd.) .....................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieving Officer.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 133] Jammu, Thu., the 14th Jan., 2021/24th Pausa, 1942. [ No. 42
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
THE JAMMU AND KASHMIR STATE BOARD OF
SCHOOL EDUCATION, NEW CAMPUS, BEMINA, SRINAGAR.
Notice
The candidate whose particulars are mentioned below is claiming to have lost/gutted his Original and as well as Duplicate Qualification Certificate/s issued by J&K State Board of School Education, under serial Nos. 52960 and 2845 respectively, with following particulars :—
1. Name Bashir Ahmad Wani
2. Parentage Khaliq Wani
3. Residence Naru Pora, District Pulwama
4. Date of Birth 26-06-1969
5. Roll No. 662556
6. Session October–November 1986
7. Result Pass
Now, the candidate has applied for "2nd Duplicate Qualification Certificate." Before the same is processed and provided to the concerned candidate, any person/s having any objections in this regard, may please 310 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42
file the same before the Secretary, BOSE or to the undersigned within a period of seven days from the date of issue of this notice.
Besides, the above referred "both Qualification Certificates" be
treated as cancelled.
(Sd.) ....................
Assistant Secretary/Deputy Secretary, Certificates, K. Div.
_______
JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION, RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU–180001.
Subject :– Deficiency of documents of the candidates who have applied for the post of Assistant Professor (Lecturer), Community Medicine in the Government Medical College, Baramulla, Rajouri, Doda and Kathua–Submission of deficient documents thereof.
_______
Notice
Dated 16-12-2020.
Whereas, the J&K Public Service Commission vide Notification No. 10-PSC(DR-P) of 2019 dated 08-07-2019 (1st Special Drive), among other posts, invited online applications for 05 posts of Assistant Professor (Lecturer) Community Medicine in Government Colleges Baramulla (RBA-01), Rajouri (RBA-01), Doda (OM-01, RBA-01) and Kathua (RBA-01), on the prescribed format from the permanent residents of Jammu and Kashmir possessing the prescribed qualifications ; and
Whereas, in response to the ibid Notification, the Commission received
06 application forms in the said discipline ; and
Whereas, after scrutiny of the application forms it has been found that the following candidates have not submitted the requisite documents as indicated against each :—
GMC Baramulla/Kathua/Doda/Rajouri
S. Barcode/Reg. No. Name Deficiency No. ————————————————————————————— 1. 19012211000001 Ghulam Hassan Apply through Proper
19012214900001 Khatana Channel No. 42] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 311
1 2 3 4 ———————————————————————————— 2. M-1 Omair Aziz Wani Result notification of PG
3. 19012209300001 Wahida Kouser Result notification of PG
19012212800001
4. 19012211000002 Feroz Ahmad Wani 1. Hard copy of
online application form
2. DoB certificate
3. Permanent
Resident Certificate
4. Marks Sheet of
MBBS.
5. MBBS Degree
6. Internship
completion certificate
7. MD/MS Degree/
DNB
8. Registration of
J&K Medical Council of (MBBS, MD/DNB)
9. Result Notification
of PG
10. 2 Years Experience certificate as Tutor/Registrar/ Demonstrator or a Senior Resident from a recognized Teaching Medical Institution recognized by the Medical Council of India or the University of Kashmir/Jammu/ SKIMS 312 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42
Now, therefore, the above candidates, in whose case the deficiency of documents have been found, are hereby advised to submit their deficient documents in the Office of Jammu and Kashmir Public Service Commission, Solina, Srinagar/Resham Ghar Colony, Jammu within 10 (ten) days from the date of issuance of this Notice failing which their candidature shall be rejected without any further notice.
(Sd.) MUSHTAQ AHMAD DAR, KAS,
Additional Secretary, J&K Public Service Commission.
————
Notice
I, Baldev Singh S/o Balbir Singh R/o Chatha Farm Near SKAUST, Tehsil Jammu South, District Jammu have applying for correction of my father name which has been wrongly written in my PAN Card as Mian Singh instead of correct name Balbir Singh. Objection, if any, may be conveyed to concerned authority within 7 days from the date of publication of this notice.
———— IN THE COURT OF SPECIAL MOBILE MAGISTRATE, PT&E, SRINAGAR.
Present Miss Umi Kulsoom
J. O. Code : JK00134
File No. 156/M D. O. I. : 07-11-2020 D. O. D. : In Trial
In the care of : State Through FIR : 40/2008, P/S Kothibagh, under sections 407, 419, 420, 201 R. P. C. V/s Zahoor Ahmed Qadri and others
(Accused Persons) Warrant of arrest under section 512 Cr. P. C.against accused namely Bilal Ahmed Dar S/o Ghulam Hassan Dar R/o Gosu, Pulwama.
To : Department of Police, Jammu and Kashmir the above titlled challan is presented by police station concerned before this court in the abuse of accused person namely Bilal Ahmed Dar S/o Ghulam Hassan Dar R/o Gosu, Pulwama under section 512 Cr. P. C. whereby the accused person has gone underground and is found nowhere in the territory No. 42] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. 313
of Jammu and Kashmir since a long time and as such has evaded the arrest with this regard the same SHO concerned has deposed his statement declaring the accused as absconding.
As such you are directed to arrest the above named accused person if found anywhere in the territory of J&K and within the jurisdiction of your department, be arrested and be bought before this court. The warrant shall remain in force till extended.
Announced :
07-11-2020.
(Sd.) ............................
Special Mobile Magistrate, Passenger Tax, Kmr. Province, Srinagar.
————
GOVERNMENT OF JAMMU AND KASHMIR, POLICE HEADQUARTERS, JAMMU AND KASHMIR, SRINAGAR.
CIRCULAR
Subject :—Providing Assistance to ANTF by District Police in conduct
of Drug Related Operations.
————
Anti-Narcotic Task Force (ANTF) has been created within the Crime Branch as a Special Unit for dealing with NDPS cases holistically. The said Task Force is charged with the responsibility of gathering information, developing intelligence, conducting raids, searches and seizures, arresting drug traffickers and their associates and investiganting important and serious cases of NDPS.
While the ANTF works under the overall supervision of Crime Branch Headqurarters, J&K, it is to be appreciated that being part of Jammu and Kashmir Police it has to be rendered all assistance and support by the District Police concerned whenever it so requires for conducting operations based on intelligence generated by it.
The SSP, ANTF shall share its intelligence with District SSP concerned and seek support and assistance as per its requirements for
conducting operations.
314 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42
Further, the district SSsP shall also associate ANTF in investigation
of serious cases of NDPS which are registered by the District Police.
The Zonal IGsP, Range DIsG and District SSsP are directed to
ensure the above.
(Sd.) ...................
Director General of Police,
J&K, Srinagar.
———
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF INDUSTRIES AND COMMERCE
(REGISTRAR OF SOCIETIES/FIRMS, JAMMU)
UDYOG BHAWAN, RAIL HEAD COMPLEX, JAMMU.
Notice
It is notified for the information of General Public that "M/s Harnam
Dass & Co." located at Shop No. 33, South Block, Bahu Plaza, Jammu,
J&K has applied for recording changes in the constitution of
their firm under section 63 of "The Partnership Act, 1932", whereby
(1) Sh. Harnam Dass S/o Lt. Sh. Sohan Lal R/o H. No. 96, Sector
7, Channi Himmat, Jammu, J&K has expired on 16-06-2018 and his
name is proposed to be deleted w. e. f. 01-04-2019. Before, the changes
are recorded in the posting register of the Registrar of Firms, Jammu,
any person/persons having any objections shall file the same within 10
days from the date of publication of this notice in the Office of Registrar
of Societies/Firms, Directorate of Industries and Commerce, Udyog
Bhawan, Rail Head Complex, Jammu.
(Sd.) .........................
Registrar,
Societies/Firm, J&K Government,
Jammu.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 14th Jan., 2021/24th Pausa, 1942. [No. 42 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
JAMMU AND KASHMIR POLICE HEADQUARTERS (Provision Section).
Exension Notice
In view of administrative reasons, the last date for receiving of bids and date for opening of technical bids of e-NIT No. 51 of 2020 dated 19-11-2020 floated by this Headquarters for the installation of CCTV Surveillance System at Raj Bhawan, Srinagar are re-scheduled as under :—
1. Last date of receipt of tenders = 02-01-2021 up to 1800 hours.
2. Date of opening of technical = 04-01-2021 at 1100 hours.
bids
The other terms and conditions of the NIT shall remain the same.
(Sd.) RAYEES MOHAMMAD BHAT IPS,
AIG Police (Provision-Transport) For Director General of Police, PHQ, J&K, Jammu.
————
104 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42 –––––––––––––––––––––––––––––––––––––––––––––––––––––
POLICE HEADQUARTERS, JAMMU AND KASHMIR (Provision Section). Tender Cancellation Notice
Due to various technical/proccedural reasons, NIT No. 77 of 2019
dated 05-10-2019 floated by this Hqrs. for hiring of Helicopter Services for J&K Police/CAPF is hereby cancelled.
Fresh e-Tender is being floated for the purpose on J&K UTs
e-Procurement Portal www.jktenders.gov.in.
(Sd.) RAYEES MOHAMMAD BHAT IPS,
AIG (Provision and Transport) For Director General of Police, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 5th Dec., 2019/14th Agra., 1941. [No. 36-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
THE JALLIANWALA BAGH NATIONAL MEMORIAL (AMENDMENT) ACT, 2019
(No. 39 of 2019)
[5th December, 2019.]
An Act further to amend the Jallianwala Bagh National Memorial
Act, 1951.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
1. Short title and commencement.—This Act may be called the
Jallianwala Bagh National Memorial (Amendment) Act, 2019.
2 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2. Amendment of section 4.—In the Jallianwala Bagh National Memorial Act, 1951 (25 of 1951) (hereinafter referred to as the principal Act), in section 4, in sub-section (1),—
(i) clause (b) shall be omitted ;
(ii) for clause (d), the following clause shall be substituted,
namely :—
"(d) the Leader of Opposition recognised as such in the House of the People or where there is no such Leader of Opposition, then the Leader of the single largest Opposition Party in that House ;".
3. Amendment of section 5.—In section 5 of the principal Act,
the following proviso shall be inserted, namely :—
"Provided that the term of office of a Trustee nominated under clause (g) of sub-section (1) of section 4 may be terminated before the expiry of the period of five years by the Central Government.".
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1 N
THE SCHEDULE
o
.
(See sections 2 and 3)
4 6
-
– – – – – – –
1
]
—
No. of Services and purposes
Sums not exceeding
ìïïïïïïïïïíïïïïïïïïïî
Vote
Voted by Charged on the Total
T h e
Parliament Consolidated
J
Fund
& K
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
G
1
2
3 4 5
o v
t .
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
G
Rs. Rs. Rs.
a z e
t t 1 Department of Agriculture, Cooperation and Farmers'
e
,
Welfare .......................................................................... Revenue 19387,02,00,000 ... 19387,02,00,000 1 5
t
h
2 Department of Agricultural Research and Education ... Revenue 2,00,000 ... 2,00,000 F e b
. ,
3 Department of Animal Husbandry, Dairying and Fisheries ..... Revenue 201,16,00,000 ... 201,16,00,000
2 0 1 9
/
Capital 1,00,000 ... 1,00,000
2 6
t
h
4 Atomic Energy ............................................................. Revenue 4,00,000 ... 4,00,000
M
Capital 2375,50,00,000 ... 2375,50,00,000 a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 5 Ministry of Ayurveda, Yoga and Naturopathy, Unani, — — —
7 Department of Fertilisers ............................................ Revenue 1,00,000 ... 1,00,000
3 4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
T h e
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
J
Rs. Rs. Rs.
& K
G 8 Department of Pharmaceuticals ................................. Revenue 307,23,00,000 ... 307,23,00,000 Capital 3,95,00,000 ... 3,95,00,000 o v
t .
G
9 Ministry of Civil Aviation ........................................... Revenue 98,00,000 ... 98,00,000
a z e
t t
e 10 Ministry of Coal ........................................................... Revenue 10,94,00,000 ... 10,94,00,000
,
1 5
t
11 Department of Commerce .......................................... Revenue 310,01,00,000 ... 310,01,00,000 h
F e b
. , 12 Department of Industrial Policy and Promotion ..... Revenue 2,00,000 ... 2,00,000 Capital 16,33,00,000 ... 16,33,00,000 2 0 1 9
/
13 Department of Posts .................................................... Capital 46,87,00,000 ... 46,87,00,000 2 6
t
h
M 14 Department of Telecommunications ......................... Revenue 1,00,000 ... 1,00,000 Capital 1,00,000 ... 1,00,000 a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
15 Department of Consumer Affairs ............................... Capital 1,00,000 ... 1,00,000 16 Department of Food and Public Distribution ............ Revenue 1864,71,00,000 ... 1864,71,00,000 Capital 1000,00,00,000 ... 1000,00,00,000
[ 18 Ministry of Culture ....................................................... Revenue 2,00,000 ... 2,00,000 - 19 Ministry of Defence (Miscellaneous) ......................... Revenue 2,00,000 ... 2,00,000 Capital 3,00,000 2,16,00,000 2,19,00,000
1 N
20 Defence Services (Revenue) ........................................ Revenue 1403,97,00,000 .. 1403,97,00,000
o
.
4 6
- 21 Capital Outlay on Defence Services ........................... Capital
... 97,42,00,000 97,42,00,000
– – – – – – –
1
]
—
24 Ministry of Drinking Water and Sanitation .............. Revenue 5391,34,00,000 ... 5391,34,00,000
T h e
J
25 Ministry of Earth Sciences .......................................... Revenue 2,00,000 ... 2,00,000 & K
Capital 1,00,000 ... 1,00,000
G
o v
t .
26 Ministry of Electronics and Information Technology .. Revenue 20,91,00,000 ... 20,91,00,000
G
a z e 27 Ministry of Environment, Forests and Climate Change ..... Revenue 1,00,000 ... 1,00,000
t t
e
,
29 Department of Economic Affairs ............................... Revenue 4,00,000 ... 4,00,000
1 5
t
h
Capital 3,00,000 ... 3,00,000
F e b
. ,
31 Department of Financial Services .............................. Capital 4500,00,00,000 ... 4500,00,00,000
2 0 1 9
/ 34 Direct Taxes .................................................................. Revenue 299,96,00,000 ... 299,96,00,000
2 6
t
h
35 Indirect Taxes ............................................................... Capital 2,00,000 ... 2,00,000
M
a g h a 36 Indian Audit and Accounts Department ..................... Capital 25,55,00,000 ... 25,55,00,000
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
CHARGED.—Repayment of Debt .................................... Capital
... 106594,12,00,000 106594,12,00,000
5 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
T h e
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
J
Rs. Rs. Rs.
& K
40 Transfers to States ....................................................... Capital ... 3800,84,00,000 3800,84,00,000
G
o v 42 Department of Health and Family Welfare .............. Revenue 2916,52,00,000 ... 2916,52,00,000
t .
Capital 1974,90,00,000 ... 1974,90,00,000 G
a z e
t t
43 Department of Health Research ................................. Revenue 2,00,000 ... 2,00,000
e
,
1 5
t
h 44 Department of Heavy Industry .................................. Revenue 1,00,000 ... 1,00,000 Capital 10,00,00,000 ... 10,00,00,000 F e b
. ,
45 Department of Public Enterprises .............................. Revenue 1,00,00,000 ... 1,00,00,000 2 0 1 9
/
2 6
t
h 46 Ministry of Home Affairs ............................................ Revenue 6,01,00,000 ... 6,01,00,000 Capital 1,00,000 ... 1,00,000
M
a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 47 Police ............................................................................. Revenue 4611,62,00,000 1,00,000 4611,63,00,000 Capital 1,00,000 12,00,000 13,00,000 48 Andaman and Nicobar Islands ..................................... Revenue 106,53,00,000 ... 106,53,00,000 Capital 8,00,000 ... 8,00,000
[ -
1
Capital 1,00,000 ... 1,00,000 N 53 Lakshadweep ................................................................. Revenue 2,00,000 ... 2,00,000
o
.
4 6
- 54 Transfers to Delhi ........................................................ Capital 2,59,00,000 ... 2,59,00,000
– – – – – – –
1
]
—
55 Transfers to Puducherry .............................................. Revenue 1,00,000 ... 1,00,000 T h e
Capital 49,61,00,000 ... 49,61,00,000
J
& K
56 Ministry of Housing and Urban Affairs ...................... Revenue 7635,00,00,000 ... 7635,00,00,000 G
o v
Capital 600,02,00,000 ... 600,02,00,000
t .
G
57 Department of School Education and Literacy ....... Revenue 4762,75,00,000 ... 4762,75,00,000
a z e
t t
e
,
58 Department of Higher Education ............................... Revenue 784,33,00,000 ... 784,33,00,000 1 5
t
h
59 Ministry of Information and Broadcasting ............... Revenue 11,77,00,000 ... 11,77,00,000
F e b
. ,
60 Ministry of Labour and Employment ........................ Revenue 1024,79,00,000 ... 1024,79,00,000
2 0 1 9
/
2 6
t
h 61 Law and Justice ............................................................. Capital 1637,14,00,000 ... 1637,14,00,000
M
62 Election Commission ................................................... Capital 1,00,000 ... 1,00,000
a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
64 Ministry of Micro, Small and Medium Enterprises .. Revenue 2,00,000 ... 2,00,000
7 8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
T h e
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
J
Rs. Rs. Rs.
& K
65 Ministry of Mines ........................................................ Revenue 1,00,000 ... 1,00,000 G
o v
t .
66 Ministry of Minority Affairs ...................................... Revenue 3,00,000 ... 3,00,000
G
a z e
67 Ministry of New and Renewable Energy .................... Revenue 2,00,000 ... 2,00,000
t t
e
,
72 Ministry of Petroleum and Natural Gas ..................... Revenue 1364,19,00,000 ... 1364,19,00,000 1 5
t
h
73 Ministry of Planning .................................................... Revenue 1,00,000 ... 1,00,000 F e b
. ,
74 Ministry of Power ........................................................ Revenue 2850,00,00,000 ... 2850,00,00,000 Capital 900,00,00,000 ... 900,00,00,000
2 0 1 9
/
2 6
t
h CHARGED.—Staff, Household and Allowances of the President ........................................................................ Revenue ... ` 42,00,000 42,00,000
M
77 Rajya Sabha ................................................................... Revenue 23,37,00,000 ... 23,37,00,000
a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 81 Ministry of Road Transport and Highways ............... Revenue 2,00,000 ... 2,00,000 Capital 9683,50,00,000 ... 9683,50,00,000
[ -
84 Department of Science and Technology ................... Revenue 1,00,000 ... 1,00,000
1 N
85 Department of Biotechnology ................................... Revenue 2,00,000 ... 2,00,000
o
.
4 6
-
– – – – – – – 86 Department of Scientific and Industrial Research .... Revenue 1,00,000 ... 1,00,000
1
]
—
87 Ministry of Shipping .................................................... Revenue 1,00,000 ... 1,00,000
T h e
J
Capital 125,00,00,000 ... 125,00,00,000
& K
G
88 Ministry of Skill Development and Entrepreneurship .............. Revenue 3,00,000 ... 3,00,000
o v
t .
G
89 Department of Social Justice and Empowerment ..... Revenue 80,02,00,000 ... 80,02,00,000 a z e
t t
e
,
90 Department of Empowerment of Persons with Disabilities ... Revenue 17,74,00,000 ... 17,74,00,000
1 5
t
h
91 Department of Space ................................................... Revenue 168,07,00,000 ... 168,07,00,000 F e b
. ,
Capital 248,47,00,000 .. 248,47,00,000
2 0 1 9
/
92 Ministry of Statistics and Programme Implementation ....... Revenue 2,00,000 ... 2,00,000
2 6
t
h
M 93 Ministry of Steel ........................................................... Revenue 1,24,00,000 ... 1,24,00,000
a g h a
,
94 Ministry of Textiles ..................................................... Revenue 3,00,000 ... 3,00,000
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
96 Ministry of Tribal Affairs ............................................ Revenue 2,00,000 20,00,00,000 20,02,00,000
9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––———————————— 1 0
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
T h e
J
Rs. Rs. Rs.
97 Ministry of Water Resources, River Development
& K
G and Ganga Rejuvenation .............................................. Revenue 1,00,000 ... 1,00,000
o v
t .
98 Ministry of Women and Child Development ........... Revenue 1,00,000 ... 1,00,000
G
a z e
t t
e
,
1 5
t
h 99 Ministry of Youth Affairs and Sports ......................... Revenue 2,00,000 ... 2,00,000 —————————————————————————————————— Total : 78874,50,00,000 119956,86,00,000 198831,36,00,000 ——————————————————————————————————
F e b
. ,
2 0 1 9
/
2 6
t
h
M
a g h a
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
,
—
[ -
1 EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Tue., the 9th July, 2019/18th Asad., 1941. [No. 14-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN TEACHERS' CADRE) ACT, 2019
(Act No. 10 of 2019)
[9th July, 2019.]
An Act to provide for the reservation of posts in appointments by direct recruitment of persons belonging to the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes and the economically weaker sections, to teachers' cadre in certain Central Educational Institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto.
2 The J&K Govt. Gazette, 9th July, 2019/18th Asad., 1941. [No. 14-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
1. Short title and commencement.—(1) This Act may be called the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019.
(2) It shall be deemed to have come into force on the 7th day of
March, 2019.
2. Definitions.—In this Act, unless the context otherwise
requires,—
(a) "appropriate authority" means the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956), or any other authority or body established by or under a Central Act for the determination, coordination or maintenance of the standards of higher education in any Central Educational Institution ;
(b) "branch of study" means a branch of study leading to three principal levels of qualifications at bachelors (under- graduate), masters (postgraduate) and doctoral levels ;
(c) "Central Educational Institution" means—
(i) a University established or incorporated by or undera
Central Act ;
(ii) an institution of national importance established by
an Act of Parliament ;
(iii) an institution, declared as an institution deemed to be University under section 3 of the University Grants Commission Act, 1956 (3 of 1956), and maintained by or receiving aid from the Central Government ;
(iv) an institution maintained by or receiving aid from the Central Government, whether directly or indirectly, and affiliated to an institution referred to in sub-clause (i) or sub-clause (ii), or a constituent unit of an institution referred to in sub-clause (iii) ; and No. 14-2] The J&K Govt. Gazette, 9th July, 2019/18th Asad., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(v) an educational institution established by the Central Government under the Societies Registration Act, 1860 (21 of 1860) ;
(d) "direct recruitment" means the process of appointing faculty by inviting applications against public advertisement from persons eligible to teach in a Central Educational Institution ;
(e) "economically weaker sections" means such weaker sections as are referred to in Explanation to clause (6) of Article 15 of the Constitution ;
(f) "faculty" means the faculty of a Central Educational
Institution ;
(g) "Minority Educational Institution" means an institution established and administered by the minorities under clause (1) of Article 30 of the Constitution and so declared by an Act of Parliament or by the Central Government or declared as a Minority Educational Institution under the National Commission for Minority Educational Institutions Act, 2004 (2 of 2005);
(h) "sanctioned strength" means the number of posts in
teachers' cadre approved by the appropriate authority ;
(i) "Scheduled Castes" means the Scheduled Castes notified
under article 341 of the Constitution ;
(j) "Scheduled Tribes" means the Scheduled Tribes notified
under Article 342 of the Constitution ;
(k) "socially and educationally backward classes" means such backward classes as are so deemed under Article 342A of the Constitution ;
(l) "teachers' cadre" means a class of all the teachers of a Central Educational Institution, regardless of the branch of study or faculty, who are remunerated at the same grade of pay, excluding any allowance or bonus.
3. Reservation of posts in recruitments by Central Educational Institutions.—(1) Notwithstanding anything in any other law for the time being in force, there shall be reservation of posts in 4 The J&K Govt. Gazette, 9th July, 2019/18th Asad., 1941. [No. 14-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
direct recruitment out of the sanctioned strength in teachers' cadre in a Central Educational Institution to the extent and in the manner as may be specified by the Central Government by notification in the Official Gazette.
(2) For the purpose of reservation of posts, a Central Educational
Institution shall be regarded as one unit.
4. Act not to apply in certain cases.—(1) The provisions of
section 3 shall not apply to—
(a) the institutions of excellence, research institutions, institutions of national and strategic importance specified in the Schedule to this Act ;
(b) a Minority Educational Institution.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule referred to in clause (a) of sub-section (1) from time to time.
5. Laying of notifications before Parliament.—Every notification made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
6. Repeal and savings—(1) The Central Educational Institutions (Reservation in Teachers' Cadre) Ordinance, 2019 (Ordinance 13 of 2019), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
No. 14-2] The J&K Govt. Gazette, 9th July, 2019/18th Asad., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
THE SCHEDULE
[See section 4(1)(a)] ———————————————————————————— — Sl. No. Name of the Institution of Excellence, etc. —————————————————————————————
(1)
(2)
————————————————————————————
1. Homi Bhabha National Institute, Mumbai and its constituent units,
namely:—
(i) Bhabha Atomic Research Centre, Trombay ;
(ii) Indira Gandhi Centre for Atomic Research, Kalpakkam ;
(iii) Raja Ramanna Centre for Advanced Technology, Indore ;
(iv) Institute for Plasma Research, Gandhinagar ;
(v) Variable Energy Cyclotron Centre, Kolkata ;
(vi) Saha Institute of Nuclear Physics, Kolkata ;
(vii) Institute of Physics, Bhubaneshwar ;
(viii) Institute of Mathematical Sciences, Chennai ;
(ix) Harish-Chandra Research Institute, Allahabad ;
(x) Tata Memorial Centre, Mumbai.
2. Tata Institute of Fundamental Research, Mumbai.
3. North-Eastern Indira Gandhi Regional Institute of Health and
Medical Science, Shillong.
4. National Brain Research Centre, Manesar, Gurgaon.
5. Jawaharlal Nehru Centre for Advanced Scientific Research,
Bangalore.
6. Physical Research Laboratory, Ahmedabad.
7. Space Physics Laboratory, Thiruvananthapuram.
8. Indian Institute of Remote Sensing, Dehradun.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 12th Nov., 2020/21st Kart., 1942. [No. 33-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Part II––B
Notifications, Notices and Orders by Heads of Departments.
—————
GOVERNMENT OF JAMMU AND KASHMIR, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, J&K AT SRINAGAR/JAMMU.
File No. :1013/ITLC/2018 Date of Institution : 04-04-2018 Date of Award : 25-09-2020
————
In the Case of :—
M/s Drivers and Conductors Union 1. Sheikh Mosin Iqbal of Delhi Public School, Province Chairman, DPS, Delina, Baramulla Versus Delina, Baramulla. H/O : Delina, Baramulla, 2. Dr. Riyaz Ahmad Dar (Through its Secretary) Director, DPS, (Petitioners through Mohd Abdullah Saraf Delina, Baramulla authorized representative) 3. Principal, DPS,
Delina, Baramulla.
(Non-applicants/Respondents)
————
In the matter of :—Claim Petition : Application under section 10-1 read with
Section 2A of Industrial Dispute Act, 1947.
————
2 The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. [ No. 33-8 ————————————————————————————————— Coram : Mohd Ali Khan J&K0034.
————
AWARD
Section 10 of Industrial Dispute Act empowers Govt. if it is of the
opinion that any industrial dispute exists or is apprehended, it may at any
time in writing refer the dispute or any matter appearing to be connected
with or relevant to the dispute to the Industrial Tribunal or Labour Court for
adjudication.
However, Section 2A sub-clause (2) after the amendment Act, 2010
empowers the workman to make a application direct to Labour Court or
Industrial Tribunal for adjudication of the dispute referred to therein after
forty five days from the date he has made an application to the Conciliation
Officer of the appropriate Govt. for conciliation of the dispute and on receipt
of such application, the Labour Court or Tribunal shall have the powers to
adjudicate upon the dispute as if it were a dispute referred to it by appropriate
Government.
In the instant case on 26-03-2018 this court received a reference from
the Govt. of Jammu and Kashmir, Labour and Employment Deptt., Civil
Secretariat, Jammu dated 22-03-2018.
In this reference it is stated whereas the applicants (Drivers and
Conductors Union of Delhi Public School, Delina, Baramulla through their
President) filed an application on 20-04-2017 before Conciliation Officer
ALC, Baramulla stating therein that they were appointed as drivers and
conductors on different dates since 2009 in Delhi Public School (DPS),
Delina, Baramulla and have along been discharging their duties to the entire
satisfaction of the school.
Whereas their services were terminated by school without serving
them proper notices and conducting inquiry. Whereas they raised a dispute
before Conciliation Officer (Assistant Labour Commissioner), Baramulla
against the Management of Delhi Public School, Delina, Baramulla under
Industrial Dispute Act, 1947 for holding conciliation proceedings in the matter.
That whereas ALC, Baramulla has submitted his report regarding failure of
conciliation proceedings with the request that case be referred to Industrial
Tribunal/Labour Court for adjudication. Whereas Govt. is of opinion that a
Industrial Dispute exists between parties.
No. 33-8] The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. 3 ————————————————————————————————— After framing the following issues the reference was sent to this court
for adjudication, the issues are :—
1. Whether the termination of services of workers is illegal in terms of
the relevant provisions of the IDA, 1947 ?
2. If yes, then to what relief the workers are entitled to.
After receiving the above reference this Tribunal issued the notice to both the parties and on 15-05-2018 petitioner appeared and filed the claim petition. On 05-06-2018 both parties appeared and applicants/ petitioners filed the application under section 36 IDA, 1947. On 23-07-2018 respondents filed objection through their counsel in the application under section 36 ID Act on 26-06-2019 application under section 36 IDA was decided and respondent was directed to file objection in the main petition. On 29-10-2019 respondent were not present and ex parte proceedings was initiated against them and petitioners were directed to adduce evidence in ex parte on 31-01-2020 evidence of the petitioner was closed and file came for arguments in ex parte.
In brief the claim petition of the petitioners is as under:—
That as non-applicant management of Delhi Public School, Delina, Baramulla, deployed 2 buses for carrying students to and fro and for plying these buses, the Management engaged 23 drivers and 23 conductors since 2009 and onwards. The evidence for the facts provided as Annexures-A, B, C and D respectively as under :—
(A) Identification cards provided by the school administration ;
(B) Wages accounts credited by the school administration
periodically ;
(C) Wages sheets defining all the components of the salary ;
(D) The certificate for statement of contributions for the
Employees Provident Fund Scheme, 1961.
That the applicant drivers and conductors were performing their duties sincerely and with dedication and as such there arose never any controversy or issues between the parties.
That even the Management has admitted this fact that the services of these drivers and conductors used to be appreciated and rewarded by the Management at the end of the day for their services which reward was given by the Management as per the rules and regulations of the institutions.
That the applicant drivers and conductors are paid meager wages, i. e.
Rs. 5000/- for drivers and Rs. 2700/- to Rs. 2800/- for conductors.
4 The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. [ No. 33-8 ————————————————————————————————— That the applicant drivers and conductors projected their demand for
enhancement of their wages as are prevalent in other institutions like DPS,
Srinagar (Pantha Chowk) and DPS, Budgam, who are paying higher wages to
the drivers and conductors. But the Management did not accept their demand.
That meanwhile, the Labour and Employment Department, Govt. of
Jammu and Kashmir, Civil Secretariat, Jammu, issued a notification through
SRO-3 dated 04-01-2013, whereby the daily rates of wages have been revised.
When the applicants approached the Management for implementation of the
daily rates of wages as per the said SRO-3, they were refused by the Management
to implement the same.
That the applicant drivers and conductors, after rendering more than
five years' service in the Delhi Public School, Delina, Baramulla, formed a
Union under the name and style M/s Drivers and Conductors Union of Delhi
Public School, Delina, Baramulla, for safeguarding their lawful and legitimate
rights. The said Union approached the Labour Commissioner, Jammu and
Kashmir for registration of the said union.
The certificate issued by the Labour Commissioner reads as under:—
"It is hereby certified that M/s Drivers and Conductors Union Delhi
Public School, Delina, Baramulla, H. O. Sangrama, District Baramulla
has been registered under the Trade Union Act,1926 this 23rd day of
February, 2015."
That when the fact of registration of the Union came to the knowledge
of the Management, it became furious and threatened the union of its dire
consequences.
The Management also issued a notice to the union on 08-05-2015 wherein
it is stated that through the medium of this notice, Union is advised to disband
and dissolve the so called Delhi Public School (DPS) Drivers and Conductors
Union, within five days from the receipt of this notice and to refrain from
indulging in any similar activities in future and vitiate the atmosphere of the
school.
That the attitude of the Management towards the present Trade Union is
very hostile. The Management finds in the workers organization nothing but a
challenge to its power and authority.
That it is the constitutional and legal right of the workman to organize
and obtain registration.
No. 33-8] The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. 5 ————————————————————————————————— That it is the case of unfair labour practice on the part of the Management to interfere workman in the exercise of their right to organize and form trade union for the purpose of collective bargaining.
That according to the applicants, Management terminated the services of the drivers and conductors w. e. f. 30-06-2015 after serving them notice on 28-05-2015.
That the applicants approached the Conciliation Officer (Assistant Labour Commissioner, Baramulla) through an application dated 20-04-2017, but the Conciliation Officer failed in bringing about any settlement and submitted failure report before the Government which referred the matter of dispute before this Court by SRO-137 dated 22-03-2018, with the following reference for adjudication :—
Retrenchment without complying with section 25-F would be void ab initio. Such action would entitle the workman to a declaration for continuation in service with full back wages [Mohan Lal V/s Bharat Electronics Ltd. (1981) 3SCC 225:1981 SCC (L&S) 478].
Therefore, the retrenchment of the applicant workman is illegal and invalid. In the light of above facts, it is prayed that the applicant workman may be reinstated with back wages and with a direction for enhancement of their monthly wages as is prevalent in other like institutions located in Srinagar and in other parts of the valley.
I have heard the AR of the petitioners and have gone through the
record carefully.
AR of petitioners submitted that non-applicants Management by Delhi Public School, Delina, Baramulla deployed 23 buses for carrying residents to and fro and for plying these buses, the Management engaged 23 Drivers and Conductors since 2009 and onward and in support of this argument submitted Annexure A, B, C and D. He further submitted that all the witnesses examined on behalf of the applicant Union have clearly and fully supported the petition of the petitioners filed in the court. That all the drivers and conductors were performing their duties sincerely and dedicately and even the services of petitioners were appreciated by Management of respondents school. That applicant Drivers and Conductors projected their demands for enhancement of their wages as are prevalent in the Institutions like DPS, Srinagar and DPS, Budgam who are paying higher wages to the Drivers and Conductors but Management did not accept their demand. AR of the petitioner Union further submitted that Labour and Employment Department, 6 The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. [ No. 33-8 ————————————————————————————————— Govt. of Jammu and Kashmir, Civil Secretariat, Jammu issued a notification
through SRO-3 dated 04-01-2013 whereby the daily rates of wages have been
revised. When the applicants approached the Management for implementation
of daily rates of wages as per the said SRO-3, they were refused by the
Management to implement the same. Petitioners AR further submitted that
petitioners Drivers and Conductors after rendering more than five years
continuous services in the Delhi Public School, Delina, Baramulla formed a
Union under the name and style M/s Drivers and Conductors Union of Delhi
Public School, Delina, Baramulla for safe guarding their lawful and legitimate
rights. The said Union approached the Labour Commissioner, J&K who is
also the Registrar of Trade Unions for registration of the said Union. The
certificate issued by the Labour Commissioner/Registrar reads as under :—
"It is certified that M/s Drivers and Conductors Union of Delhi Public
School, Delina, Baramulla, HQ. Sangrama, District Baramulla has been
registered under the Trade Union Act, 1926 ; this 23rd day of February,
2015."
That when the fact of registration of the Union came into knowledge of
the Management, it became furious and threatened the union of dire
consequences again AR of petitioner submitted that Management also issued a
notice to the Union on 08-05-2015, wherein it is stated that through the medium
of this notice union is advised to dissolve the so called Delhi Public School
Drivers and Conductors Union within five days from receipt of this notice and
refrain from indulging in any similar activities in future. That the attitude of the
Management towards the present trade union is very hostile. That it is
constitutional and legal right of the workman to organize and obtain registration.
That it is a case of unfair labour practice on the part of the Management to
interfere workman in exercise of their right to organize and form Trade Union
for the purpose of collective bargaining. That Management terminated the
services of the Drivers/Conductors w. e. f. 30-06-2015 after serving them
notice on 28-05-2015. AR further submitted that applicants approached to
ALC, Baramulla for conciliation which failed and then Govt. by SRO-137
referred the reference for adjudication after framing the issues. That
Management has not paid the retrenchment compensation to the applicants
workmen and has violated section 25 F of the I. D. A., 1947. AR for the
petitioners further submitted that retrenchment without complying with section
25F would be void ab initio and such action would be entitle the workmen to
a declaration for continuation in service with full back wages.
No. 33-8] The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. 7 ————————————————————————————————— That it is established that non-applicant Management has illegally terminated the services of workmen Drivers and Conductors and petitioner/ applicants have satisfied both qualifications prescribed in section 25 F for claiming retrenchment compensation. That any condition for a valid retrenchment has not been satisfied as such termination of the applicants is void. lt is submitted that notice dated 28-05-2015 issued by Management indicates the displeasure of the management on forming the Labour Union and has warned the Union leaders to refrain from indulging in any union activities in the establishment and in case of violation strict action will follow. AR finally submitted that petitioner be given full wages from the date of their termination and they be reinstated in their services back with all available benefit under the provisions of law under Industrial Dispute Act.
He cited the law in support of his arguments.
1. Mohan Lal V/s Bharat Electronic Ltd. (1981)3 sec 225.II) 1981 SCC (L&S) 478. From the perusal of Annexure A given to petitioners by Management of Delhi Public School, Delina, Baramulla dated 28-05-2015 it reflects that petitioners were advised to dissolve the so called union within 5 days from the receipt of notice and also warned them of punitive and monatery damages.
Perusal of Annexure-A1 dated 23-02-2015 it reflects that Registrar of Trade Unions, Labour Commissioner, J&K Govt., Jammu has registered the union of the petitioners in the name and style as M/s Drivers and Conductors Union of Delhi Public School, Delina, Baramulla.
Perusal of details of outstanding pay dues and employers share of GP Fund towards bus drivers of Delhi Public School, Baramulia reflects that from serial No. 1 to 22 all the drivers were the employees of the respondents.
The perusal of details of outstanding pay dues towards bus Conductors of Delhi Public School, Baramulla reflects that all the petitioners from serial No. 1 to 21 are the worker/conductors of the respondents.
The witness examined by the petitioner namely Gh. Rasool Bhat deposed that he was appointed by DPS, Baramulla as bus driver and Rs. 5000/- p. m. salary was fixed. Respondents appointed 23 drivers and 23 conductors and fixed their salary as Rs. 5000/- and 2800 p. m. respectively. In the year 2013 Govt. issued SRO No. 3 dated 04-01-2013 by which the wages of the workman has been raised whereas Management of the respondents school denied to raise the wages of their workman. Therefore, drivers and conductors formed a Union which was registered under Trade 8 The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. [ No. 33-8 ————————————————————————————————— Union Act by Labour Commissioner on 23-02-2015. On this Management of the school of respondents got annoyed and issued a notice to dissolve the union. Respondents did not allow the petitioner drivers and conductors and terminated them without any notice pay and retrenchment compensation and violated section 25 F of the Industrial Dispute Act. The 5 other witnesses examined by the petitioners also stated the similarly and has corroborated the other PWs examined by the petitioners and the claim petition filed by the petitioners that due to formation of union of drivers and conductors the Management of respondents school got annoyed whereas the said Union was registered by Registrar of Trade Unions (Labour Commissioner, Govt. of J&K) on 23-02-2015. Whereas respondents Management without notice pay and retrenchment compensation terminated the petitioner in violation of section 25 F of the Industrial Dispute Act, 1947.
Section 25 F prescribed the conditions precedent to retrenchment of workmen. This conditions apply in case of retrenchment of an employee who has been in continuous service for not less than one year (240 days).
The section prescribes three conditions for valid retrenchment—
(a) The workmen should be given one month notice in writing indicating the reasons of retrenchment. The retrenchment should be effected after expiry of period of notice. If no notice given workman must be paid in lieu of notice.
(b) The workman has been paid at the time of retrenchment compensation, equivalent to fifteen days average pay for every completed year of continuous service.
(c) Notice in the prescribed manner is served on the appropriate Govt. or such authority as may be prescribed by appropriate Govt.
Respondent in the case in hand has not paid retrenchment compensation nor has given the notice to appropriate Govt. under rule 76 before the retrenchment of petitioners. As such has violated the conditions of Section 25 F of IDA and rules framed thereunder.
In 2010 LLR 1291 M. P. High Court in Naveen Singh Bhadoriya
Versus State of M. P. & Ors. At para 11 observed that,—
"para 11. The question is whether the appellant/workman is still entitled for the relief which was prayed before the Learned Labour Court and whether the award passed by the Learned Labour Court No. 33-8] The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. 9 ————————————————————————————————— should be restored. In this context, we have gone through the statement of claim filed by the parties as well as the evidence of the parties before the Learned Labour Court from the original record, indeed, categorically it was stated by the workman/appellant that he had worked for continuous period of 240 days in a calendar year, Learned Labour Court while deciding Issue No.1 after appreciating and marshaling the evidence came to hold for considerable long period since 1985, the workman/appellant is serving as daily wager with the employer and, therefore, the action of the employer terminating the service of the appellant without following Section 25(F) and 25(G) of the Act is perverse and amounts to illegal termination. According to us, the Learned Labour Court has rightly directed to reinstate the workman/appellant with 50% back wages."
M/s Floortex Collection
V/s
Vikram Thapa
"Hon'ble Delhi High Court in case reported in 2016 LLR 899 at para
11 held that"—
On a specific query by the court whether the reply of the petitioner at page 122 of the paper book, has been proved before the Industrial Adjudicator, the answer was in the negative. The learned counsel would submit, even though, reply was produced before the Industrial Adjudicator, but the same was not exhibited. If that be so, it is as good as, the said document has not been proved. Even otherwise, it is to be noted, no such offer was given by the petitioner during the pendency of the proceedings before the Industrial Adjudicator rather, the Management witness has deposed that the petitioner does not want to take the respondent back on duty as the respondent was involved in criminal matter pending in Kullu Court, Himachal Pradesh, the reliance placed by the learned counsel for the petitioner on the reply dated January 29, 2009, even though not proved, would not help the case of the petitioner that the petitioner had offered the respondent to join back his duties. The factum of the respondent being in the employment of the petitioner is not denied/disproved. It is also proved that the petitioner could not prove abandonment of duties by the respondent."
The Industrial Adjudicator has rightly drawn a presumption that the services of the respondent were illegally terminated. On a finding of loss of confidence in the respondent, the Industrial Adjudicator having awarded an amount of Rs. l Lakh to the respondent, it is not a fit case where this court, 10 The J&K Govt. Gazette, 12th Nov., 2020/21st Kart., 1942. [ No. 33-8 ————————————————————————————————— in exercise of its power under Article 226 of the Constitution need to be interfere with the impugned Award. The writ petition is dismissed.
From the perusal of Notices given by respondents dated 27-05-2015 petitioners namely Anayatullah, drivers, Ghularn Rasool Bhat, Hilal Ahmad Gujri and Bilal Ahmad conductor attached with their written statements. It reflects that the relationship of the petitioners association and respondent school is not cardial and there is no confidence and trust between them.
Again since respondents are running a school and is not a factory/ establishment where all these petitioners can be reinstated and adjusted as the respondents would have recruited other drivers and conductors to run their buses from years 2015 when the petitioners were terminated.
Moreover the petitioners have not deposed in their statements that after termination they are without job and employment. Thus in view of the above stated facts and law this Tribunal is of opinion that 1st issue referred by State Govt. that whether termination of the services of the petitioners (workers) is illegal in terms of the relevant provisions of Industrial Dispute Act has been proved and is decided in favour of petitioners and against the respondents.
The finding of the II issue that if yes, to what relief the petitioner are entitled to. Again in view of what has been stated and discussed above and the law cited it is held that the order of reinstatement would not be appropriate however, the petitioner are entitled to 50% of their claimed wages along with retrenchment compensation.
Accordingly an award is passed in favour of petitioner and against the respondent Management. Copy of the award be sent to Govt of J&K through Commissioner/Secretary, Labour Department for information and publication in Govt. Gazette. File shall be consigned to record after its due completion.
Announced: 25-09-2020.
(Sd.) MOHAMMAD ALI KHAN,
(District and Sessions Judge),
Presiding Officer,
Industrial Tribunal-cum-Labour Court,
J&K at Srinagar.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 5th June, 2020/15th Jyai., 1942. [No. 10-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th June, 2020/Jyaishtha 15, 1942 (Saka)
THE FARMERS' PRODUCE TRADE AND COMMERCE (PROMOTION AND FACILITATION) ORDINANCE, 2020
(No. 10 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance to provide for the creation of an ecosystem where
the farmers and traders enjoy the freedom of choice relating to
2 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. [ No.10-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– sale and purchase of farmers' produce which facilitates remunerative prices through competitive alternative trading channels, to promote efficient, transparent and barrier-free inter- State and intra-State trade and commerce of farmers' produce outside the physical premises of markets or deemed markets notified under various State agricultural produce market legislations to provide a facilitative framework for electronic trading and for matters connected therewith or incidental thereto.
WHEREAS, Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
Now, THEREFORE, in exercise of the powers conferred by clause (l) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
CHAPTER I
Preliminary
1. Short title and commencement.— (1) This Ordinance may be called the Farmers Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020.
(2) It shall come into force at once.
2. Definition.—In this Ordinance, unless the context otherwise
requires,—
(a) "farmers' produce" means,—
(i) foodstuffs including cereals like wheat, rice or other coarse grains, pulses, edible oilseeds, oils, vegetables, fruits, nuts, spices, sugarcane and products of poultry, piggery, goatery, fishery and dairy intended for human consumption in its natural or processed form ;
(ii) cattle fodder including oilcakes and other concentrates ;
and
(iii) raw cotton whether ginned or unginned, cotton seeds and
raw jute ;
No.10-7] The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) "electronic trading and transaction platform" means a platform
set up to facilitate direct and online buying and selling for
conduct of trade and commerce of farmers' produce through
a network of electronic devices and internet applications,
where each such transaction results in physical delivery of
farmers' produce ;
(c) "farmer" means a person engaged in the production of farmers'
produce by self or by hired labour or otherwise, and includes
the farmer producer organisation ;
(d) "farmer producer organisation" means an association or group
of farmers, by whatever name called,—
(i) registered under any law for the time being in force ;
or
(ii) promoted under a scheme or programme sponsored by
the Central or State Government ;
(e) "inter-State trade" means the act of buying or selling of
farmers' produce, wherein a trader of one State buys the
farmers' produce from the farmer or a trader of another
State and such farmers' produce is transported to a State
other than the State in which the trader purchased such
farmers' produce or where such farmers' produce
originated ;
(f) "intra-State trade" means the act of buying or selling of
farmers' produce, wherein a trader of one State buys the
farmers' produce from a farmer or a trader of the same
State in which the trader purchased such farmers' produce or
where such farmers' produce originated ;
(g) "notification" means a notification published by the Central
Government or the State Governments in the Official Gazette
and the expressions "notify" and "notified" shall be construed
accordingly ;
(h) "person" includes—
(a) an individual ;
4 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. [ No.10-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(b) a partnership firm ;
(c) a company ;
(d) a limited liability partnership ;
(e) a co-operative society ;
(f) a society ; or
(g) any association or body of persons duly incorporated
or recognised as a group under any ongoing programmes
of the Central Government or the State Government ;
(i) "prescribed" means prescribed by the rules made by the
Central Government under this Ordinance ;
(j) "Scheduled farmers' produce" means the agricultural produce
specified under any State APMC Act for regulation ;
(k) "State" includes the Union territory ;
(l) "State APMC Act" means any State legislation or Union
territory legislation in force in India, by whatever name called,
which regulates markets for agricultural produce in that State ;
(m) "trade area" means any area or location, place of production,
collection and aggregation including—
(a) farm gates ;
(b) factory premises ;
(c) warehouses ;
(d) silos ;
(e) cold storages ; or
(f) any other structures or places,
from where trade of farmers' produce may be undertaken in
the territory of India but does not include the premises,
enclosures and structures constituting—
(i) physical boundaries of principal market yards, sub-market
yards and market sub-yards managed and run by the No.10-7] The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– market committees formed under each State APMC Act in force in India ; and
(ii) private market yards, private market sub-yards, direct marketing collection centres, and private farmer-consumer market yards managed by persons holding licenses or any warehouses, silos, cold storages or other structures notified as markets or deemed markets under each State APMC Act in force in India ;
(n) "trader" means a person who buys farmers' produce by way of inter-State trade or intra-State trade or a combination thereof, either for self or on behalf of one or more persons for the purpose of wholesale trade, retail, end-use, value addition, processing, manufacturing, export, consumption or for such other purpose.
CHAPTER II
Promotion and Facilitation of Trade and Commerce
of Farmers' Produce
3. Freedom to conduct trade and commerce in a trade area.— Subject to the provisions of this Ordinance, any farmer or trader or electronic trading and transaction platform shall have the freedom to carry on the inter-State or intra-State trade and commerce in farmers' produce in a trade area.
4. Trade and commerce of scheduled farmers' produce.— (1) Any trader may engage in the inter-State trade or intra-State trade of scheduled farmers' produce with a farmer or another trader in a trade area :
Provided that no trader, except the farmer producer organisations or agricultural cooperative society, shall trade in any scheduled farmers' produce unless the Income-tax Act, 1961 (43 of 1961) or such other document as may be notified by the Central Government.
(2) The Central Government may, if it is of the opinion that it is necessary and expedient in the public interest so to do, prescribe a system for electronic registration for a trader, modalities of trade transaction and mode of payment of the scheduled farmers' produce in a trade area.
6 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. [ No.10-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Every trader who transacts with farmers shall make payment for the traded scheduled farmers' produce on the same day or within the maximum three working days if procedurally so required subject to the condition that the receipt of delivery mentioning the due payment amount shall be given to the farmer on the same day :
Provided that the Central Government may prescribe a different procedure of payment by farmer produce organisation or agriculture co- operative society, by whatever name called, linked with the receipt of payment from the buyers.
5. Electronic trading and transaction platform.—(1) Any person (other than individual), having a permanent account number allotted under the Income-tax Act, 1961 (43 of 1961) or such other document as may be notified by the Central Government or any farmer producer organisation or agricultural cooperative society may establish and operate an electronic trading and transaction platform for facilitating inter-State or intra-State trade and commerce of scheduled farmers' produce in a trade area :
Provided that the person establishing and operating an electronic trading and transaction platform shall prepare and implement the guidelines for fair trade practices such as mode of trading, fees, technical parameters including inter-operability with other platforms, logistics arrangements, quality assessment, timely payment, dissemination of guidelines in local language of the place of operation of the platform and such other matters.
(2) If the Central Government is of the opinion that it is necessary and expedient in public interest so to do, it may, for electronic trading platforms, by rules—
(a) specify the procedure, norms, manner of registration ; and
(b) specify the code of conduct, technical parameters including inter-operability with other platform and modalities of trade transaction including logistics arrangements and quality assessment of scheduled farmers' produce and mode of payment,
for facilitating fair inter-State and Intra-State trade and commerce of scheduled farmers' produce in a trade area.
6. Market fee under State APMC Act, etc. in trade area.— No market fee or cess or levy, by whatever name called, under any State No.10-7] The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– APMC Act or any other State law, shall be levied on any farmer or trader or electronic trading and transaction platform for trade and commerce in scheduled farmers' produce in a trade area.
7. Price information and market intelligence System.—(1) The Central Government may, through any Central Government Organisation, develop a price information and market intelligence system for farmers' produce and a framework for dissemination of information relating thereto.
(2) The Central Government may require any person owning and operating an electronic trading and transaction platform to provide information regarding such transactions as may be prescribed.
Explanation :—For the purposes of this section, the expression "Central Government Organisation" includes any subordinate or attached office, Government owned or promoted company or society.
CHAPTER III
Dispute Resolution
8. Dispute Resolution Mechanism for farmers.—(1) In case of any dispute arising out of a transaction between the farmer and a trader under section 4 of this Ordinance, the parties may seek a mutually acceptable solution through conciliation by filing an application to the Sub-Divisional Magistrate who shall refer such dispute to a Conciliation Board to be appointed by him for facilitating the binding settlement of the dispute.
(2) Every Board of Conciliation appointed by the Sub-Divisional Magistrate under sub-section (1), shall consist of a chairperson and such members not less than two and not more than four, as the Sub-Divisional Magistrate may deem fit.
(3) The chairperson shall be an officer serving under the supervision and control of the Sub-Divisional Magistrate and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party :
Provided that, if any party fails to make such recommendation within seven days, the Sub-Divisional Magistrate shall appoint such persons as he thinks fit to represent that party.
8 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. [ No.10-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) Where, in respect of any dispute, a settlement is arrived at
during the course of conciliation proceedings, a memorandum of settlement
shall be drawn accordingly and signed by the parties to such dispute
which shall be binding upon the parties.
(5) If the parties to the transaction under sub-section (1) are unable
to resolve the dispute within thirty days in the manner set out under this
section, they may approach the Sub-divisional Magistrate concerned who
shall be the "Sub-divisional Authority" for settlement of such dispute.
(6) The Sub-Divisional Authority on its own motion or on a petition
or on the reference from any Government agency take cognizance of any
contravention of the provisions of section 4 or rules made thereunder and
take action under sub-section (7).
(7) The Sub-Divisional Authority shall decide the dispute or
contravention under this section in a summary manner within thirty days
from the date of its filing and after giving the parties an opportunity of
being heard, he may—
(a) pass an order for the recovery of the amount under
dispute ; or
(b) impose a penalty as stipulated in sub-section (1) of
section 11 ; or
(c) Pass an order for restraining the trader in dispute from
undertaking any trade and commerce of scheduled farmers'
produce, directly or indirectly under this Ordinance for such
period as it may deem fit.
8. Any party aggrieved by the order of the Sub-Divisional Authority
may prefer an appeal before the Appellate Authority (Collector or Additional
Collector nominated by the Collector) within thirty days of such order
who shall dispose of the appeal within thirty days from the date of filing
of such appeal.
(9) Every order of the Sub-Divisional Authority or Appellant Authority
under this section shall have force of the decree of a civil court and shall
be enforceable as such and decretal amount shall be recovered as arrears
of land revenue.
No.10-7] The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(10) The manner and procedure for filing a petition or an application
before the Sub-Divisional Authority and appeal before the appellate
authority shall be such as may be prescribed.
9. Suspension or cancellation of right to operate in Electronic
Trading and Transaction Platform.—(1) The Agriculture Marketing
Adviser, Directorate of Marketing and Inspection, Government of India or
an officer of the State Government to whom such powers are delegated
by the Central Government in consultation with the respective State
Government may, on its own motion or on a petition or on the reference
from any Government Agency, take cognizance of any breach of the
procedures, norms, manner of registration and code of conduct or any
breach of the guidelines for fair trade practices by the electronic trading
and transaction platform established under section 5 or contravence the
provisions of section 7 and by an order within sixty days from the date
of receipt and for the reasons to be recorded, he may—
(a) pass an order for the recovery of the amount payable to the
farmers and traders ;
(b) impose a penalty as stipulated in sub-section (2) of
section 11 ; or
(c) suspend for such period as he deems fit or cancel the right
to operate as an electronic trading and transaction platform :
Provided that no order for recovery of amount, imposition of
penalty or suspension or cancellation of the right to operate
shall be passed without giving the operator of such electronic
trading and transaction platform an opportunity of being heard.
(2) Every order made under sub-section (1) shall have force of the
decree of a Civil Court and shall be enforceable as such and the decretal
amount shall be recovered as arrears of land revenue.
10. Appeal against cancellation of the Right to operate.—(1)
Any person aggrieved by an order under section 9 may, prefer an appeal
within sixty days from the date of such order, to an officer not below the 10 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. [ No.10-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
rank of joint secretary to the Government of India to be nominated by the
Central Government for this purpose :
Provided that an appeal may be admitted even after the expiry of
the said period of sixty days, but not beyond a total period of ninety days,
if the appellant satisfies the appellate authority, that he had sufficient
cause for not preferring the appeal within the said period.
(2) Every appeal made under this section shall be made in such
form and manner, and shall be accompanied by a copy of the order
appealed against and by such fees as may be prescribed.
(3) The procedure for disposing of an appeal shall be such as may
be prescribed.
(4) An appeal filed under this section shall be heard and disposed
of within a period of ninety days from the date of its filing :
Provided that before disposing of an appeal, the appellant shall be
given an opportunity of being heard.
CHAPTER IV
Penalties
11. Penalty for contravention of Ordnance and rules.—
(1) Whoever contravenes the provisions of section 4 or the rules made
thereunder shall be liable to pay a penalty which shall not be less than
twenty five thousand rupees but which may extend to five lakh rupees,
and where the contravention is a continuing one, further penalty not
exceeding five thousand rupees for each day after the first day during
which the contravention continues.
(2) If any person, who owns, controls or operates an electronic
trading and transaction platform, contravenes the provisions of sections 5
and 7 or the rules made thereunder shall be liable to pay a penalty which
shall not be less than fifty thousand rupees but which may extend to ten
lakh rupees, and where the contravention is a continuing one, further
penalty not exceeding ten thousand rupees for each day after the first day
during which the contravention continues.
No.10-7] The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER V
Miscellaneous
12. Powers of Central Government to issue instructions, directions, orders or guidelines.—The Central Government may for carrying out the provisions of this Ordinance, give such instructions, directions, orders or issue guidelines as it may deem necessary to any authority or officer subordinate to the Central Government, any State
Government or any authority or officer subordinate to a State Government,
an electronic trading and transaction platform or to any person or persons
owning or operating an electronic trading and transaction platform, or a
trader or class of traders.
13. Protection of action taken in good faith.—No suit prosecution
or other legal proceedings shall lie against the Central Government or the
State Government, or any officer of the Central Government or the State
Government or any other person in respect of anything which is in good
faith done or intended to be done under this Ordinance or of any rules
or orders made thereunder.
14. Ordinance to have overriding effect.—The provisions of this
Ordinance shall have effect, not with standing anything inconsistent
therewith contained in any State APMC Act or any other law for time
being in force or in any instrument having effect by virtue of any law for
the time being in force.
15. Bar of jurisdiction of civil court.—No civil court shall have
jurisdiction to entertain any suit or proceedings in respect of any matter,
the cognizance of which can be taken and disposed of by any authority
empowered by or under this Ordinance or the rules made thereunder.
16. Ordinance not to apply to certain transactions.—Nothing
contained in this Ordinance, shall be applicable to the Stock Exchanges
and Clearing Corporations recognised under the Securities Contracts
(Regulation) Act, 1956 (42 of 1956) and the transcations made thereunder.
17. Power of Central Government to make rules.—(1) The Central
Government may, by notifications, make rules for carrying out the provisions
of this Ordinance.
12 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. [ No.10-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) In particular and without prejudice to the generality of the
forgoing power, such rules may provide for all or any of the following
matters, namely :—
(a) the system of electronic registration for a trader and modalities
of trade transaction of scheduled farmers' produce under
sub-section (2) of section 4 ;
(b) the procedure of payment under proviso to sub-section (3) of
section 4 ;
(c) the manner and procedure for filing a petition or an application before the Sub-divisional authority and appeal before the
appellate authority under sub-section (10) of section 8 ;
(d) the information regarding transactions under sub-section (2)
of section 9 ;
(e) the form and manner and the fee payable for filing
an appeal under sub-section (2) of section 10 ;
(f) the procedure for disposing of an appeal under
sub-section (3) of section 10.
(g) any other matter which is to be or may be prescribed.
1 8 . Laying of rules.— Every rule made by the Central Government under this Ordinance shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
19. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Ordinance as may appear to be necessary for removing the difficulty.
No.10-7] The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Every order made under this section shall, as soon as may be
after it is made, be laid before each House of Parliament.
RAM NATH KOVIND,
President.
———
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 5th June, 2020/15th Jyai., 1942. [No. 10-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th June, 2020/Jyaishtha 15, 1942 (Saka).
THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES ORDINANCE, 2020
(No. 11 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An ordinance to provide for a national framework on farming agreements that protects and empowers farmers to engage with agri- business firms, processors, wholesalers, exporters or large retailers for 2 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– farm services and sale of future farming produce at a mutually agreed remunerative price framework in a fair and transparent manner and for matters connected therewith or incidental thereto.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
CHAPTER I
Prelimtnary
1. Short title and commencement.—(1) This Ordinance may be called the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance, 2020.
(2) It shall come into force at once.
2. Definations.—In this Ordinance, unless the context otherwise
requires,—
(a) "farming produce" includes—
(i) foodstuffs, including edible oilseeds and oils, all kinds of cereals like wheat, rice or other coarse grains, pulses, vegetables, fruits, nuts, spices, sugarcane and products of poultry, piggery, goatery, fishery and dairy, intended for human consumption in its natural or processed form ;
(ii) cattle fodder, including oil cakes and other concentrates ;
(iii) raw cotton, whether ginned or unginned ;
(iv) cotton seeds and raw jute ;
(b) "APMC yard" means the physical premises covering Agriculture Produce Market Committee Yard, by whatever name called, established for regulating markets and trade in farming produce under any State Act ;
No. 10-8] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) "company" means a company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013) ;
(d) "electronic trading and transaction platform" means a platform set up to facilitate direct and online buying and selling for conduct of trade and commerce of farming produce through a network of electronic devices and internet applications ;
(e) "farm services" includes supply of seed, feed, fodder, agro- chemicals, machinery and technology, advice, non-chemical agro-inputs and such other inputs for farming ;
(f) "farmer" means a person engaged in production of farming produce by self or by hired labour or otherwise, and includes Farmer Producer Organisation ;
(g) "Farmer Producer Organisation' means an association or group
of farmers, by whatever name called,—
(i) registered under any law for the time being in force ;
or
(ii) promoted under a scheme or programme sponsored by
the Central Government or State Government ;
(h) "farming agreement" means a written agreement entered into between a farmer and a Sponsor, or a farmer, a Sponsor and any third party, prior to the production or rearing of any farming produce of a predetermined quality, in which the Sponsor agrees to purchase such fanning produce from the farmer and to provide farm services.
Explanation :—For the purposes of this clause, the term "farming
agreement" may include,—
(i) 'trade and commerce agreement', where the ownership of commodity remains with the farmer during production and he gets the price of produce on its delivery as per the agreed terms with the Sponsor;
(ii) 'production agreement', where the Sponsor agrees to provide farm services, either fully or partially and to bear the risk of output, but 4 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– agrees to make payment to the farmer for the services rendered by such farmer ; and
(iii) such other agreements or a combination of
agreements specified above.
(i) "firm" means a firm as defined in section 4 of the Indian
Partnership Act, 1932 (9 of 1932) ;
(j) "force majeure" means any unforeseen external event, including flood, drought, bad weather, earthquake, epidemic outbreak of disease, insect-pests and such other events, which is unavoidable and beyond the control of parties entering into a farming agreement ;
(k) "notification" means a notification published by the Central Government or the State Government, as the case may be, in the Official Gazette and the expression "notified" shall be construed accordingly ;
(l) "person" includes,––
(i) an individual ;
(ii) a partnership firm ;
(iii) a company ;
(iv) a limited liability partnership ;
(v) a co-operative society ;
(vi) a society ; or
(vii) any association or body of persons duly incorporated or recogniscd as a group under any ongoing programmes of the Central Government or the State Government ;
(m) "prescribed" means prescribed by rules made under this
Ordinance ;
(n) "Registration Authority" means an authority notified as such
by the State Government under section 12 ;
(o) "Sponsor" means a person who has entered into a farming
agreement with the farmerto purchase a farming produce.
(o) "State" includes Union territory.
No. 10-8] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER II
Farming Agreement
3. Farming agreement and its period.—(1) A farmer may enter into a written farming agreement in respect of any farming produce and such agreement may provide for,—
(a) the terms and conditions for supply of such produce, including the time of supply, quality, grade, standards, price and such other matters ; and
(b) the terms related to supply of farm services :
Provided that the responsibility for compliance of any legal requirement for providing such farm services shall be with the Sponsor or the farm service provider, as the case may be.
(2) No farming' agreement shall be entered into by a farmer under
this section in derogation of any rights of a share cropper.
Explanation :—For the purposes of this sub-section, the term "share cropper" means a tiller or occupier of a farm land who formally or informally agrees to give fixed share of crop or to pay fixed amount to the land owner for growing or rearing of farming produce.
(3) The minimum period of the farming agreement shall be for one crop season or one production cycle of livestock, as the case may be, and the maximum period shall be five years :
Provided that where the production cycle of any farming produce is longer and may go beyond five years, in such case, the maximum period of farming agreement may be mutually decided by the farmer and the Sponsor and explicitly mentioned in the farming agreement.
(4) For the purposes of facilitating farmers to enter into written farming agreements, the Central Government may issue necessary guidelines along with model farming agreements, in such manner, as it deems fit.
4. Quality, grade and standards of farming produce.—(1) The parties entering into a farming agreement may identify and require as a condition for the performance of such agreement compliance with mutually acceptable quality, grade and standards of a farming produce.
6 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) For the purposes of sub-section (1), the parties may adopt the
quality, grade and standards,—
(a) which arc compatible with agronomic practices, agro-climate
and such other factors ; or
(b) formulated by any agency of the State Government or of the Central Government, or any agency authorised by such Government for this purpose,
and explicitly mention such quality, grade and standards in the
farming agreement
(3) The quality, grade and standards for pesticide residue, food safety standards, good farming practices and labour and social development standards may also be adopted in the farming agreement.
(4) The parties entering into a farming agreement may require as a condition that such mutually acceptable quality, grade and standards shall be monitored and certified during the process of cultivation or rearing, or at the time of delivery, by third party qualified assayers to ensure impartiality and fairness.
5. Pricing of farming produce.—The price to be paid for the purchase of a farming produce may be determined and mentioned in the farming agreement itself, and in case, such price is subject to variation, then, such agreement shall explicitly provide for,—
(a) a guaranteed price to be paid for such produce ;
(b) a clear price reference for any additional amount over and above the guaranteed price, including bonus or premium, to ensure best value to the farmer and such price reference may be linked to the prevailing prices in specified APMC yard or electronic trading and transaction platform or any other suitable benchmark prices :
Provided that the method of determining such price or guaranteed
price or additional amount shall be annexed to the farming agreement.
6. Sale of purchase of farming produce.—(1) Where, under a farming
agreement, the delivery of any farming produce is to be,—
(a) taken by the Sponsor at the farm gate, he shall take such
delivery within the agreed time ;
No. 10-8] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) effected by the farmer, it shall be the responsibility of the Sponsor to ensure that all preparations for the timely acceptance of such delivery have been made,
(2) The Sponsor may, before accepting the delivery of any farming produce, inspect the quality or any other feature of such produce as specified in the farming agreement, otherwise, he shall be deemed to have inspected the produce and shall have no right to retract from acceptance of such produce at the time of its delivery or thereafter.
(3) The Sponsor shall,—
(a) where the farming agreement relates to seed production, make payment of not less than two-third of agreed amount at the time of delivery and the remaining amount after due certification, but not later than thirty days of delivery ;
(b) in other cases, make payment of agreed amount at the time of accepting the delivery of farming produce and issue a receipt slip with details of the sale proceeds.
(4) The State Government may prescribe the mode and manner in
which payment shall be made to the farmer under sub-section (3).
7. Exemption with respect to farming produce.—(1) Where a farming agreement has been entered into in respect of any farming produce under this Ordinance, such produce shall be exempt from the application of any State Act, by whatever name called, established for the purpose of regulation of sale and purchase of such farming produce.
(2) Notwithstanding anything contained in the Essential Commodities Act, 1955 ( 10 of 1955) or in any control order issued thereunder or in any other law for the time being in force, any obligation related to stock limit shall not be applicable to such quantities of farming produce as are purchased under a farming agreement entered into in accordance with the provisions of this Ordinance.
8. Sponsor prohibited from acquiring ownership rights or making permanent modifications on farmer's land or permises.—No farming agreement shall be entered into for the purpose of,—
(a) any transfer, including sale, lease and mortgage of the land
or premises of the farmer ; or 8 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) raising any permanent structure or making any modification on the land or premises of the farmer, unless the Sponsor agrees to remove such structure or to restore the land to its original condition, at his cost, on the conclusion of the agreement or expiry of the agreement period, as the case may be :
Provided that where such structure is not removed as agreed by the Sponsor, the ownership of such structure shall vest with the farmer after conclusion of the agreement or expiry of the agreement period, as the case maybe.
9. Linkage of farming agreement with insurance or credit.—A Farming agreement may be linked with insurance or credit instrument under any scheme of the Central Government or State Government or any financial service provider to ensure risk mitigation and flow of credit to farmer or Sponsor or both.
10. Other parties to farming agreement.—Save as otherwise provided in the Ordinance, an aggregator or farm service provider may become a party to the farming agreement and in such case, the role and services of such aggregator or farm service provider shall be explicitly mentioned in such farming agreement.
Explanation :—For the purposes of this section,—
(i) "aggregator" means any person, including a Farmer Producer Organisation, who acts as an intermediary between a farmer or a group of fanners and a Sponsor and provides aggregation related services to both farmers and Sponsor ;
(ii) "farm service provider" means any person who
provides farm services.
11. Alteration or termination of farming agreement.—At any time after entering into a farming agreement, the parties to such agreement may, with mutual consent, alter or terminate such agreement for any reasonable cause.
12.Establishment of Registration Authority.—(1) A State Government may notify a Registration Authority to provide for electronic registry for No. 10-8] T h e J & K G o v t . G a z e t t e , 5th June, 2020/15th Jyai., 1942. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– that State that provides facilitative framework for registration of farming agreements.
(2) The constitution, composition, powers and functions of the Registration Authority and the procedure for registration shall be such as may be prescribed by the State Government.
CHAPTER III
Dispute Setflement
13. Conciliation board for dispute settlement.—(1) Every farming agreement shall explicitly provide for a conciliation process and formation of a conciliation board consisting of representatives of parties to the agreement :
Provided that representation of parties in such conciliation board shall
be fair and balanced.
(2) A dispute arising from any farming agreement shall be first referred to the conciliation board formed as per the provisions of the farming agreement and every endeavour shall be made by such board to bring about settlement of such dispute.
(3) Where, in respect of any dispute, a settlement is arrived during the course of conciliation proceeding, a memorandum of settlement shall be drawn accordingly and signed by the parties to such dispute and such settlement shall be binding on the parties.
14. Mechanism for dispute resolution.—(1) Where, the farming agreement does not provide for conciliation process as required under sub- section (1) of section 13, or the parties to the farming agreement fail to settle their dispute under that section within a period of thirty days, then, any such party may approach the concerned Sub-Divisional Magistrate who shall be the Sub-divisional Authority for deciding the disputes under farming agreements.
(2) On receipt of a dispute under sub-section (1) the Sub-Divisional
Authority may, if,—
(a) the farming agreement did not provide for conciliation process, constitute a conciliation board for bringing about settlement of such dispute ; or 10 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) the parties failed to settle their dispute through conciliation process, decide the dispute in a summary manner within thirty days from the date of receipt of such dispute, after giving the parties a reasonable opportunity of being heard and pass an order for recovery of the amount under dispute, with such penalty and interest, as it deems fit, subject to the following conditions, namcly :—
(i) where the sponsor fails to make payment of the amount due to the farmer, such penalty may extend to one and half times the amount due ;
(ii) where the order is against the farmer for recovery of the amount due to the Sponsor on account of any advance payment or cost of inputs, as per terms of farming agreement, such amount shall not exceed the actual cost incurred by the sponsor ;
(iii) where the farming agreement in dispute is in contravention of the provisions of the Ordinance, or default by the farmer is due to force majeure, then, no order for recovery of amount shall be passed against the farmer.
(3) Every order passed by the Sub-Divisional Authority under this section shall have same force as a decree of a civil court and be enforceable in the same manner as that of a decree under the Code of Civil Procedure, 1908, (5 of 1908) unless an appeal is preferred under sub-section (4).
(4) Any party aggrieved by the order of the Sub-Divisional Authority may prefer an appeal to the Appellate Authority, which shall be presided over by the Collector or Additional Collector nominated by the Collector, within thirty days from the date of such order.
(5) The Appellate Authority shall dispose of the appeal within thirty
days.
(6) Every order passed by the Appellant Authority under this section shall have same force as a decree of a civil court and be enforceable in the same manner as that of a decree under the Code of Civil Procedure, 1908,
(7) The amount payable under any order passed by the Sub-Divisional Authority or the Appellant Authority, as the case may be, may be recovered as arrears of land revenue.
No. 10-8] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (8) The Sub-Divisional Authority or the Appellate Authority shall, while deciding disputes under this section, have all the powers of a civil court for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed by the Central Government.
(9) The manner and procedure for filing a petition or an application before the Sub-Divisional Authority and an appeal before the Appellate Authority shall be such as may be prescribed by the Central Government.
15. No action for recovery of dues against farmer's land.— Notwithstanding anything contained in section 14, no action for recovery of any amount due in pursuance of an order passed under that section, shall be initiated against the agricultural land of the farmer.
CHAPTER IV
Miscellaneous
16. Power of Central Government to give directions.—The Central Government may, from time to time, give such directions, as it may consider necessary, to the State Governments for effective implementation of the provisions of this Act and the State Governments shall comply with such directions.
17. Authorities under Ordinance to be public servants.—All authorities, including Registration Authority, Sub-Divisional Authority and Appellate Authority, constituted or prescribed under this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, (45 of 1860).
18. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Registration Authority, the Sub- Divisional Authority, the Appellate Authority or any other person for anything which is in good faith done or intended to be done under the provisions of this Ordinance or any rule made thereunder.
19. Bar of jurisdiction of civil court.—No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any dispute which a Sub-Divisional Authority or the Appellate Authority is empowered by or under this Ordinance to decide and no injunction shall be granted 12 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– by any court or other authority in respect of any action taken or to be
taken in pursuance of any power conferred by or under this Ordinance
or any rules made thereunder.
20. Ordinance to have an overriding effect.—The provisions of this
Ordinance shall have effect notwithstanding anything inconsistent therewith
contained in any state law for the time being in force or in any instrument
having effect by virtue of any such law other than this Ordinance :
Provided that a farming agreement or such contract entered into
under any State law for the time being in force, or any rules made
thereunder, before the date of coming into force of this Ordinance, shall
continue to be valid for the period of such agreement or contract.
21. Ordinance not to apply to stock exchanges and clearing
corporations.—Nothing contained in this Ordinance, shall be applicable to
the stock exchanges and clearing corporations recognised under the Securities
Contracts (Regulation) Act, 1956 (42 of 1956) and the transactions
undertaken therein.
22. Power of Central Government to make rules.—(1) The Central
Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Ordinance.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :—
(a) other purposes for which the Sub-Divisional Authority or the
Appellate Authority shall have the powers of civil court under
sub-section (8) of section 14 ;
(b) the manner and procedure for filing petition or application
before the Sub-Divisional Authority, and an appeal before the
Appellate Authority, under sub-section (9) of section 14 ;
(c) any other matter which is to be, or may be, prescribed, or
in respect of which provision is to be made, by rules, by the
Central Government.
No. 10-8] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
23. Power of State Government to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the mode and manner of payment to the farmer under sub-
section (4) of section 6 ;
(b) the constitution, composition, powers and functions of the Registration Authority, and the procedure for registration under sub-section (2) of section 12 ;
(c) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules, by the State Government.
(3) Every rule made by the State Government under this Ordinance shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
24. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by orde published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance, as may appear to it to be necessary for removing the difficulty.
14 The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 22nd April, 2020/2nd Vai., 1942. [No. 3-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 22nd April, 2020/Vaisakha 2, 1942 (Saka).
THE EPIDEMIC DISEASES (AMENDMENT)
ORDINANCE, 2020
(No. 5 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance further to amend the Epidemic Dieseases Act, 1897.
WHEREAS Parliament is not in session and the President is satisfied that cicumstances exist which render it necessary for him to take immediate action.
2 The J&K Govt. Gazette, the 22nd April, 2020/2nd Vai., 1942. [No. 3-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This Ordinance may be
called the Epidemic Diseases (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. Amendment of section 1.—In section 1 of the Epidemic Diseases Act, 1897 (3 of 1897) (hereinafter referred to as the principal Act), in sub- section (2), the words "except the territories which, immediately before the 1st November, 1956, were comprised in Part B States" shall be omitted.
3. Insertion of new section IA.—After section 1 of the principal Act,
the following section shall be inserted, namely :—
Definitions 1A.—In this Act, unless the context otherwise requires,—
(a) "act of violence" includes any of the following acts committed by any person against a health care service personnel serving during an epidemic, which causes or may cause,—
(i) harassment impacting the living or working conditions of such healthcare service personnel and preventing him from discharging his duties ;
(ii) harm, injury, hurt, intimidation or danger to the life of such healthcare service personnel, either within the premises of a clinical establishment or otherwise ;
(iii) obstruction or hindrance to such healthcare service personnel in the discharge of his duties, either within the premises of a clinical establishment or otherwise ; or
(iv) loss or damage to any property or documents in the custody of, or in relation to, such healthcare service personnel ;
(b) "healthcare service personnel" means a person who while carrying out his duties in relation to epidemic related responsibilities, may come in direct contact with affected No. 3-2 The J&K Govt. Gazette, the 22nd April, 2020/2nd Vai., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— patients and thereby is at the risk of being impacted by such disease, and includes,—
(i) any public and clinical healthcare provider such as doctor, nurse, paramedical worker and community health worker ;
(ii) any other person empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof ; and
(iii) any person declared as such by the State Government,
by notification in the Official Gazette ;
(c) "property" includes,—
(i) a clinical establishment as defined in the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010) ;
(ii) any facility identified for quarantine and isolation of
patients during an epidemic ;
(iii) a mobile medical unit ; and
(iv) any other property in which a healthcare service personnel has direct interest in relation to the epidemic ;
(d) the words and expressions used herein and not defined, but defined in the Indian Ports Act, 1908 (15 of 1908) the Aircraft Act, 1934 (22 of 1934) or the Land Ports Authority of India Act, 2010 (31 of 2010) as the case may be, shall have the same meaning as assigned to them in that Act.'.
4. Amendment of section 2A.—In section 2A of the principal Act, for the portion beginning with the words "the Central Government may take measures" and ending with the words "as may be necessary", the following shall be substituted, namely :—
"the Central Government may take such measures, as it deems fit and prescribe regulations for the inspection of any bus or train or goods vehicle or ship or vessel or aircraft leaving or arriving at any land port or port or aerodrome, as the case may be, in 4 The J&K Govt. Gazette, the 22nd April, 2020/2nd Vai., 1942. [No. 3-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— the territories to which this Act extends and for such detention thereof, or of any person intending to travel therein, or arriving thereby, as may be necessary".
5. Insertion of new section 2B.—After section 2A of the principal
Act, the following section shall be inserted, namely :—
"2B. Prohibition of violence against health care service personnel and damage to property.—No person shall indulge in any act of violence against a healthcare service personnel or cause any damage or loss to any property during an epidemic.".
6. Amendment of section 3.—Section 3 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely :—
"(2) Whoever,—
(i) commits or abets the commission of an act of violence
against a healthcare service personnel ; or
(ii) abets or causes damage or loss to any property, shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.
(3) Whoever, while committing an act of violence against a healthcare service personnel, causes grievous hurt as defined in section 320 (45 of 1860) of the Indian Penal Code to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.".
7. Insertion of new sections 3A, 3B 3C, 3D and 3E.—After section 3 of the principal Act, the following sections shall be inserted, namely :—
'3A. Cognizance, investigation and trial of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(i) an offence punishable under sub-section (2) or sub-section
(3) of section 3 shall be cognizable and non-bailable ;
No. 3-2 The J&K Govt. Gazette, the 22nd April, 2020/2nd Vai., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (ii) any case registered under sub-section (2) or sub-section (3) of section 3 shall be investigated by a police officer not below the rank of Inspector ;
(iii) investigation of a case under sub-section (2) or sub- section (3) of section 3 shall be completed within a period of thirty days from the date of registration of the First Information Report ;
(iv) in every inquiry or trial of a case under sub-section (2) or sub-section (3) of section 3, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded, and an endeavour shall be made to ensure that the inquiry or trial is concluded within a period of one year :
Provided that where the trial is not concluded within the said period, the Judge shall record the reasons for not having doneso :
Provided further that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time.
3B. Composition of certain offences.—Where a person is prosecuted for committing an offence punishable under sub-section (2) of section 3, such offence may, with the permission of the Court, be compounded by the person against whom such act of violence is committed.
3C. Presumption as to certain offences.—Where a person is prosecuted for committing an offence punishable under sub-section (3) of sections 3, the Court shall presume that such person has committed such offence, unless the contrary is proved.
3D. (1) Presumption of culpable mental state.—In any prosecution for an offence under sub-section (3) of section 3 which requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state, but it shall be a defence for the accused 6 The J&K Govt. Gazette, the 22nd April, 2020/2nd Vai., 1942. [No. 3-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
Explanation :—In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.
3E. (1) Compensation for acts of violence.—In addition to the punishment provided for an offence under sub-section (2) or sub-section (3) of section 3, the person so convicted shall also be liable to pay, by way of compensation, such amount, as may be determined by the Court for causing hurt or grievous hurt to any healthcare service personnel.
(2) Notwithstanding the composition of an offence under section 3B, in case of damage to any property or loss caused, the compensation payable shall be twice the amount of fair market value of the damaged property or the loss caused, as may be determined by the Court.
(3) Upon failure to pay the compensation awarded under sub- sections (1) and (2), such amount shall be recovered as an arrear of land
revenue under the Revenue Recovery Act, 1890 (1 of 1890).'.
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 14th Aug., 2020/23rd Srav., 1942. [No. 20-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
Subject :—Award of Jammu and Kashmir Police Medal for Meritorious
Services to Police Officers/Officials on the occasion of the
Independence Day, 2020.
––––––
Government Order No. 172 Home of 2020
Dated 14-8-2020
Sanction is hereby accorded to the award of Jammu and Kashmir Police Medal for Meritorious Service to the following officers/officials of The J&K Govt. Gazette, 14th Aug., 2020/23rd. Srav., 1942. [No. 20-2
2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————– the Police Department on the occasion of Independence Day , 2020 :—
S. No. Name Rank PID No. –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. T.Namgiyal (RR-95), IPS IGP IPS952723 2. Haseeb-ur-Rehman SSP JKPS993414 3. Swarn Singh Kotwal SSP JKPS 997348 4. Showkat Ahmad Dar SSP JKPS993845 5. Surinder Kumar Sharma Dy.SP EXJ905871 6. Ashiq Hussain Malik Inspector EXK952539
By order of the Governmentof Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government, Home Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Wed., the 17th July, 2019/26th Asad., 1941. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
THE DENTISTS (AMENDMENT) ACT, 2019
(Act No. 13 of 2019)
[17th July, 2019.]
An Act further to amend the Dentists Act, 1948.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
1. Short title and commencement.—(1) This Act may be called
the Dentists (Amendment) Act, 2019.
2 The J&K Govt. Gazette, 17th July, 2019/26th Asad., 1941. [No. 15-3 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. Amendment of section 3A.—In section 3 of the Dentists Act, 1948 (16 of 1948), (hereinafter referred to as the principal Act), in clause (f), the words and letter "and at least two shall be dentists registered in Part B of a State register" shall be omitted.
3. Amendment of section 21.—In section 21 of the principal
Act, clause (b) shall be omitted.
4. Amendment of section 23.—In section 23 of the principal
Act, clause (b) shall be omitted.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Tue., the 16th July, 2019/25th Asad., 1941. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE INDIAN MEDICAL COUNCIL (AMENDMENT) ACT, 2019
(Act No. 12 of 2019)
[16th July, 2019.]
An Act further to amend the Indian Medical Council Act, 1956.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
1. Short title and commencement.—(1) This Act may be called
the Indian Medical Council (Amendment) Act, 2019.
2 The J&K Govt. Gazette, 16th July, 2019/25th Asad., 1941. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) (A) The provisions of this Act shall, except sub-clause (i) of clause (c) of section 2, be deemed to have come into force on the 26th day of September, 2018 ; and
(B) sub-clause (i) of clause (c) of section 2 shall be deemed to
have come into force on the 12th day of January, 2019.
2. Amendment of section 3A.—In section 3A of the Indian
Medical Council Act, 1956, (102 of 1956),—
(a) in sub-section (1), for the words, brackets and figures "Indian Medical Council (Amendment) Act, 2010" (32 of 2010), the words, brackets and figures "Indian Medical Council (Amendment) Act, 2019" shall be substituted ;
(b) in sub-section (2), for the words "three years", the words
"two years" shall be substituted ;
(c) in sub-section (4),—
(i) for the words "seven persons", the words "twelve persons"
shall be substituted ;
(ii) for the words "and medical education", the words "and medical education or proven administrative capacity and experience" shall be substituted ;
(d) after sub-section (7), the following sub-section shall be
inserted, namely:—
"(7A) The Board of Governors shall be assisted by a Secretary General who shall be appointed by the Central Government on deputation or contract basis and he shall be the head of the secretariat in the Council."
3. Repeal and savings.—(1) The Indian Medical Council (Amendment) Second Ordinance, 2019 (Ordinance 5 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Indian Medical Council Act, 1956 (102 of 1956), as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said Act, as amended by this Act.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Tue., the 23rd July, 2019/1st Srav., 1941. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE CENTRAL UNIVERSITIES (AMENDMENT) ACT, 2019
(Act No. 15 of 2019)
[23rd July, 2019.]
An Act further to amend the Central Universities Act, 2009.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
1. Short title and commencement.—This Act may be called
the Central Universities (Amendment) Act, 2019.
2 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. Insertion of new sections 3C and 3D.—After section 3B of the Central Universities Act, 2009 (25 of 2009) (hereinafter referred to as the principal Act), the following sections shall be inserted, namely :—
"3C. Establishment of Central University of Andhra Pradesh.—There shall be established a University, which shall be a body corporate, to be known as the Central University of Andhra Pradesh, having its territorial jurisdiction extending to the whole of the State of Andhra Pradesh, as specified in the First Schedule to this Act.
3D. Establishment of Central Tribal University of Andhra Pradesh.—There shall be established a Tribal University, which shall be a body corporate, to be known as the Central Tribal University of Andhra Pradesh, having its territorial jurisdiction extending to the whole of the State of Andhra Pradesh, as specified in the First Schedule to this Act, to provide avenues of higher education and research facilities primarily for the tribal population of India.".
3. Amendment of section 5.—In section 5 of the principal Act,
the following proviso shall be inserted at the end, namely :—
"Provided that the Tribal University established under section 3D shall take additional measures for paying special attention to the tribal centric higher education and research, including art, culture and customs.".
4. Substitution of new Schedule for First Schedule.—For the First Schedule to the principal Act, the following Schedule shall be substituted, namely :—
"THE FIRST SCHEDULE
[See section 3(4)]
Serial Name of the Name of the University Territorial jurisdiction
No. State
————————————————————————————————
(1) (2) (3)
(4)
————————————————————————————————
1. Andhra Pradesh Central University of Whole of the State Andhra Pradesh of Andhra Pradesh.
No. 16-2] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(1) (2) (3)
(4)
————————————————————————————————
2. Andhra Pradesh Central Tribal University Whole of the State
of Andhra Pradesh of Andhra Pradesh.
3. Bihar Central University of South Bihar Territory in the
south of he River
Ganges in theState
of Bihar
.
4. Bihar Mahatma Gandhi Central Territory in the
University north of the River
Ganges in the State
of Bihar.
5. Gujarat Central University of Whole of the State
Gujarat of Gujarat.
6. Haryana Central University of Whole of the State
Haryana of Haryana.
7. Himachal Central University of Whole of the State
Pradesh Himachal Pradesh of Himachal
Pradesh.
8. Jammu and Central University of Kashmir Division of
Kashmir Kashmir the State of Jammu
and Kashmir.
9. Jammu and Central University of Jammu Division of
Kashmir Jammu the State of Jammu
and Kashmir.
10. Jharkhand Central University of Whole of the State
Jharkhand of Jharkhand.
11. Karnataka Central University of Whole of the State
Karnataka of Karnataka.
12. Kerala Central University of Whole of the State
Kerala of Kerala.
13. Odisha Central University of Whole of the State
Odisha of Odisha.
14. Punjab Central University of Whole of the State
Punjab of Punjab.
4 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(1) (2) (3)
(4)
———————————————————————————————— 15. Rajasthan Central University of Whole of the State
Rajasthan of Rajasthan.
16. Tamil Nadu Central University of Whole of the State
Tamil Nadu of Tamil Nadu.".
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 5th Dec., 2019/14th Agra., 1941. [No. 36-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
(No. 40 of 2019)
[5th December, 2019.]
An Act to provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
1. Short title, extent and commencement.—(1) This Act may be
called the Transgender Persons (Protection of Rights) Act, 2019.
2 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise
requires,—
(a) "appropriate Government" means,—
(i) in r elation to the Central Government or any establishment, wholly or substantially financed by that Government, the Central Government ;
(ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, the State Government ;
(b) "establishment" means—
(i) any body or authority established by or under a Central Act or a State Act or an authority or a body owned or controlled or aided by the Government or a local authority, or a Government company as defined in section 2 of the Companies Act, 2013, (18 of 2013) and includes a Department of the Government ; or
(ii) any company or body corporate or association or body of individuals, firm, cooperative or other society, association, trust, agency, institution ;
(c) "family" means a group of people related by blood or marriage
or by adoption made in accordance with law ;
(d) "inclusive education" means a system of education wherein transgender students learn together with other students without fear of discrimination, neglect, harassment or intimidation and the system of teaching and learning is suitably adapted to meet the learning needs of such students ;
(e) "institution" means an institution, whether public or private, for the reception, care, protection, education, training or any other service of transgender persons ;
No. 36-2] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(f) "local authority" means the municipal corporation or Municipality or Panchayat or any other local body constituted under any law for the time being in force for providing municipal services or basic services, as the case may be, in respect of areas under its jurisdiction ;
(g) "National Council" means the Na tional Council for
Transgender Persons established under section 16 ;
(h) "notification" means a notification published in the Official
Gazette ;
(i) "person with intersex variations" means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body ;
(j) "prescribed" means prescribed by rules made by the
appropriate Government under this Act ; and
(k) "transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio- cultural identities as kinner, hijra, aravani and jogta.
CHAPTER II
Prohibition Against Discrimination
3. Prohibition against discrimination.—No person or establishment shall discriminate against a transgender person on any of the following grounds, namely :—
(a) the denial, or discontinuation of, or unfair treatment in,
educational establishments and services thereof ;
(b) the unfair treatment in, or in relation to, employment or
occupation ;
4 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(c) the denial of, or termination from, employment or occupation ;
(d) the denial or discontinuation of, or unfair treatment in,
healthcare services ;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public ;
(f) the denial or discontinuation of, or unfair treatment with regard
to the right of movement ;
(g) the denial or discontinuation of, or unfair treatment with regard to the right to reside, purchase, rent, or otherwise occupy any property ;
(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private office ; and
(i) the denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody a transgender person may be.
CHAPTER III
Recognition of Identity of Transgender Persons
4. Recognition of identity of transgender person.—(1) A transgender person shall have a right to be recognised as such, in accordance with the provisions of this Act.
(2) A person recognised as transgender under sub-section (1) shall
have a right to self-perceived gender identity.
5. Application for certificate of identity.—A transgender person may make an application to the District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and accompanied with such documents, as may be prescribed :
Provided that in the case of a minor child, such application shall be
made by a parent or guardian of such child.
No. 36-2] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
6. Issue of certificate of identity.—(1) The District Magistrate shall issue to the applicant under section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender.
(2) The gender of transgender person shall be recorded in all official
documents in accordance with certificate issued under sub-section (1).
(3) A certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his identity as a transgender person.
7. Change in gender.—(1) After the issue of a certificate under sub- section (1) of section 6, if a transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed.
(2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.
(3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person :
Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act.
CHAPTER IV
Welfare measures by Government
8. Obligation of appropriate Government.—(1) The appropriate Government shall take steps to secure full and effective participation of transgender persons and their inclusion in society.
6 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) The appropriate Government shall take such welfare measures as may be prescribed to protect the rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that Government.
(3) The appropriate Government shall formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory.
(4) The appropriate Government shall take steps for the rescue, protection and rehabilitation of transgender persons to address the needs of such persons.
(5) The appropriate Government shall take appropriate measures to promote and protect the right of transgender persons to participate in cultural and recreational activities.
CHAPTER V
Obligation of Establishments and other Persons
9. Nondiscrimination in employment.—No establishment shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues.
10. Obligations of establishments.—Every establishment shall ensure compliance with the provisions of this Act and provide such facilities to transgender persons as may be prescribed.
11. Grievance redressal mechanism.—Every establishment shall designate a person to be a complaint officer to deal with the complaints relating to violation of the provisions of this Act.
12. Right of residence.—(1) No child shall be separated from parents or immediate family on the ground of being a transgender, except on an order of a competent court, in the interest of such child.
(2) Every transgender person shall have—
(a) a right to reside in the household where parent or immediate
family members reside ;
(b) a right not to be excluded from such household or any part
thereof ; and No. 36-2] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(c) a right to enjoy and use the facilities of such household in a
non-discriminatory manner.
(3) Where any parent or a member of his immediate family is unable to take care of a transgender, the competent court shall by an order direct such person to be placed in rehabilitation centre.
CHAPTER VI
Education, Social Security and Health of Transgender Persons
13. Obligation of educational institutions to provide inclusive education to transgender persons.—Every educational institution funded or recognised by the appropriate Government shall provide inclusive education and opportunities for sports, recreation and leisure activities to transgender persons without discrimination on an equal basis with others.
14. Vocational training and self-employment. Healthcare facilities.—The appropriate Government shall formulate welfare schemes and programmes to facilitate and support livelihood for transgender persons including their vocational training and self-employment.
15. Healthcare facilities.—The appropriate Government shall take
the following measures in relation to transgender persons, namely :—
(a) to set up separate human immunodeficiency virus Sero- surveillance Centres to conduct sero-surveillance for such persons in accordance with the guidelines issued by the National AIDS Control Organisation in this behalf ;
(b) to provide for medical care facility including sex reassignment
surgery and hormonal therapy ;
(c) before and after sex reassignment surgery and hormonal
therapy counselling ;
(d) bring out a Health Manual related to sex reassignment surgery in accordance with the World Profession Association for Transgender Health guidelines ;
(e) review of medical curriculum and research for doctors to
address their specific health issues ;
8 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(f) to facilitate access to transgender persons in hospitals and other
healthcare institutions and centres ;
(g) provision for covera ge of medical expenses by a comprehensive insurance scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender persons.
CHAPTER VII
National Council for Transgender Persons
16. National Council for Transgender Persons.—(1) The Central Government shall by notification constitute a National Council for Transgender Persons to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The National Council shall consist of—
(a) the Union Minister in-charge of the Ministry of Social Justice
and Empowerment, Chairperson, ex officio ;
(b) the Minister of State, in-charge of the Ministry of Social Justice and Empowerment in the Government, Vice-Chairperson, ex officio ;
(c) Secretary to the Government of India in-charge of the Ministry of Social Justice and Empowerment, Member, ex officio ;
(d) one representative each from the Ministries of Health and Family Welfare, Home Affairs, Housing and Urban Affairs, Minority Affairs, Human Resources Development, Rural Development, Labour and Employment and Departments of Legal Affairs, Pensions and Pensioners Welfare and National Institute for Transforming India Aayog, not below the rank of Joint Secretaries to the Government of India, Members, ex officio ;
(e) one representative each from the National Human Rights Commission and National Commission for Women, not below the rank of Joint Secretaries to the Government of India, Members, ex officio ;
No. 36-2] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(f) representatives of the State Governments and Union territories by rotation, one each from the North, South, East, West and North-East regions, to be nomina ted by the Central Government, Members, ex officio ;
(g) five representatives of transgender community, by rotation, from the State Governments and Union territories, one each from the North, South, East, West and North-East regions, to be nominated by the Central Government, Members ;
(h) five experts, to represent non-governmental organisations or associations, working for the welfare of transgender persons, to be nominated by the Central Government, Members ; and
(i) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment dealing with the welfare of the transgender persons, Member Secretary, ex officio.
(3) A Member of National Council, other than ex officio member, shall hold office for a term of three years from the date of his nomination.
17. Functions of Council.—The National Council shall perform the
following functions, namely:—
(a) to advise the Central Government on the formulation of policies, programmes, legislation and projects with respect to transgender persons ;
(b) to monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons ;
(c) to review and coordinate the activities of all the departments of Government and other Governmental and non- Governmental Organisations which are dealing with matters relating to transgender persons ;
(d) to redress the grievances of transgender persons ; and
(e) to perform such other functions as may be prescribed by the
Central Government.
10 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
CHAPTER VIII
Offences and Penalties
18. Offences and penalties.—Whoever,—
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government ;
(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use ;
(c) forces or causes a transgender person to leave household,
village or other place of residence ; and
(d) harms or injures or endangers the life, safety, health or well- being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
CHAPTER IX
Miscellaneous
19. Grants by Central Government.—The Central Government shall, from time to time, after due appropriation made by Parliament by law in this behalf, credit such sums to the National Council as may be necessary for carrying out the purposes of this Act.
20. Act not in derogation of any other law.—The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
21. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the appropriate Government or No. 36-2] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
any local authority or any officer of the Government in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act and any rules made thereunder.
22. Power of appropriate Government to make rules.—(1) The appropriate Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form and manner in which an application shall be made
under section 5 ;
(b) the procedure, form and manner and the period within which a certificate of identity is issued under sub-section (1) of section 6 ;
(c) the form and manner in which an application shall be made
under sub-section (1) of section 7 ;
(d) the form, period and manner for issuing revised certificate
under sub-section (2) of section 7 ;
(e) welfare measures to be provided under sub-section (2) of
section 8 ;
(f) facilities to be provided under section 10 ;
(g) other functions of the National Council under clause (e) of
section 17 ; and
(h) any other matter which is required to be or may be prescribed.
(3) Every rule made by the Central Government under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session 12 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(4) Every rule made by the State Government under sub-section (1), shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House.
23. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made after the expiry of the
period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be
after it is made, be laid before each House of Parliament.
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No. of Service and purposes
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ìïïïïïïïïïíïïïïïïïïïî
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1 Department of Agriculture, Cooperation and Farmers'
1 6
t Welfare ............................................................................ Revenue 3,00,000 ... 3,00,000
h
Capital 1,00,000 ... 1,00,000 J a n
. ,
2 Department of Agricultural Research and Education ..... Revenue 152,73,00,000 ... 152,73,00,000
2 0 1 9
/
2 6 3 Department of Animal Husbandry, Dairying and Fisheries Capital 1,00,000 ... 1,00,000
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4 Atomic Energy ................................................................... Revenue 2,00,000 ... 2,00,000
P a u s a
,
Capital 2,00,000 9,50,00,000 9,52,00,000 Siddha and Homoeopathy (AYUSH) ............................ Revenue 2,00,000 ... 2,00,000
— — —
8 Department of Pharmaceuticals .......................................... Capital 7,00,00,000 ... 7,00,00,000
3 4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 9 Ministry of Civil Aviation ................................................. Revenue 798,34,00,000 ... 798,34,00,000 Capital 2298,80,00,000 ... 2298,80,00,000 & K
G
11 Department of Commerce ................................................ Revenue 143,60,00,000 ... 143,60,00,000 o v
t .
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a z e 13 Department of Posts .......................................................... Revenue ... 2,29,00,000 2,29,00,000 Capital 20,00,00,000 ... 20,00,00,000
t t
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14 Department of Telecommunications .................................. Capital 751,00,00,000 ... 751,00,00,000 1 6
t
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15 Department of Consumer Affairs ..................................... Revenue 1,00,000 ... 1,00,000 J a n
. ,
16 Department of Food and Public Distribution .................. Revenue 920,10,00,000 ... 920,10,00,000 Capital 3,00,000 ... 3,00,000
2 0 1 9
/
2 6
t
h 17 Ministry of Corporate Affairs ........................................... Revenue 30,82,00,000 ... 30,82,00,000 Capital 19,00,00,000 ... 19,00,00,000
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
P a u s a
—
, [ 4 1
-
24 Ministry of Drinking Water and Sanitation .................... Revenue 2,00,000 ... 2,00,000
3 N 25 Ministry of Earth Sciences ................................................ Revenue 3,00,000 ... 3,00,000
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.
Capital 1,00,000 ... 1,00,000
4 1
-
– – – – – – –
3
]
—
26 Ministry of Electronics and Information Technology .. Revenue 174,83,00,000 ... 174,83,00,000
Capital 6,17,00,000 ... 6,17,00,000
T h e
J
& K 27 Ministry of Environment, Forests and Climate Change .. Revenue 38,75,00,000 ... 38,75,00,000
G
Capital 1,00,000 49,00,000 50,00,000
o v
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G 28 Ministry of External Affairs ............................................. Revenue 1012,00,00,000 ... 1012,00,00,000
a z e
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e 29 Department of Economic Affairs ..................................... Revenue 2,99,00,000 ... 2,99,00,000
,
Capital 13478,37,00,000 ... 13478,37,00,000 1 6
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30 Department of Expenditure .............................................. Revenue 1,00,000 ... 1,00,000
J a n
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31 Department of Financial Services .................................... Revenue 3,00,000 10,00,000 13,00,000
2 0 1 9
/
Capital 41000,02,00,000 ... 41000,02,00,000
2 6
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32 Department of Investment and Public Asset Management
(DIPAM) ............................................................................ Revenue 75,00,00,000 ... 75,00,00,000
P a u s a
, 34 Direct Taxes ........................................................................ Revenue 100,00,00,000 ... 100,00,00,000
— — —
Capital 2,00,000 ... 2,00,000
5 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 35 Indirect Taxes ..................................................................... Revenue 1,00,000 ... 1,00,000 Capital 1,00,000 ... 1,00,000 & K
G
36 Indian Audit and Accounts Department ........................... Revenue 175,13,00,000 6,76,00,000 181,89,00,000 o v
t .
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41 Ministry of Food Processing Industries ........................... Revenue 1,00,000 ... 1,00,000 a z e
t t
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, 42 Department of Health and Family Welfare .................... Revenue 1031,07,00,000 ... 1031,07,00,000 Capital 40,01,00,000 ... 40,01,00,000
1 6
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. , 44 Department of Heavy Industry ........................................ Revenue 1,00,000 ... 1,00,000 Capital 150,89,00,000 ... 150,89,00,000
2 0 1 9
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2 6 46 Ministry of Home Affairs .................................................. Revenue 130,94,00,000 6,33,00,000 137,27,00,000 Capital 1,00,000 ... 1,00,000
t
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47 Cabinet ................................................................................. Revenue 1,00,000 ... 1,00,000
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
P a u s a
—
, [ 52 Daman and Diu ...................................................................... Capital 12,03,00,000 ... 12,03,00,000 4 1
- 53 Lakshadweep ....................................................................... Revenue 1,00,000 ... 1,00,000 Capital 1,00,000 ... 1,00,000
3 N 54 Transfers to Delhi ................................................................. Capital 77,41,00,000 ... 77,41,00,000
o
.
4 1
-
– – – – – – –
3
] 56 Ministry of Housing and Urban Affairs ............................ Revenue 1,60,00,000 4,00,00,000 5,60,00,000 Capital 1,00,000 ... 1,00,000
—
T h e 57 Department of School Education and Literacy ............. Revenue 113,78,00,000 ... 113,78,00,000
J
& K 58 Department of Higher Education .................................... Revenue 4,00,000 ... 4,00,000
G
o v 59 Ministry of Information and Broadcasting ..................... Revenue 1,00,000 ... 1,00,000 t .
G
60 Ministry of Labour and Employment .............................. Revenue 1038,29,00,000 .
.. 1038,29,00,000
a z e
t t
e
,
1 6
t 61 Law and Justice ................................................................... Revenue 3,00,000 ... 3,00,000 Capital 535,00,00,000 ... 535,00,00,000
h
J a n
. , 64 Ministry of Micro, Small and Medium Enterprises ........ Revenue 2,00,000 ... 2,00,000 Capital 8,49,00,000 ... 8,49,00,000
2 0 1 9
/ 65 Ministry of Mines .............................................................. Revenue 95,00,00,000 ... 95,00,00,000
2 6
t
h
66 Ministry of Minority Affairs ............................................ Revenue 2,00,000 ... 2,00,000 Capital 8,18,00,000 ... 8,18,00,000
P a u s a
,
67 Ministry of New and Renewable Energy .......................... Revenue 1,00,000 ... 1,00,000 — — —
70 Ministry of Personnel, Public Grievances and Pensions ........... Revenue 12,00,000 ... 12,00,000 Capital 25,00,00,000 ... 25,00,00,000
7 8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J CHARGED—Central Vigilance Commission ........................ Revenue ... 1,39,00,000 1,39,00,000
& K
G 72 Ministry of Petroleum and Natural Gas ........................... Revenue 2,00,000 ... 2,00,000
o v
Capital 250,18,00,000 ... 250,18,00,000
t .
G
a z e 73 Ministry of Planning .......................................................... Revenue 125,96,00,000 ... 125,96,00,000
t t
e
,
1 6 74 Ministry of Power .............................................................. Revenue 713,73,00,000 ... 713,73,00,000
t
h
Capital 1,00,000 ... 1,00,000
J a n
. ,
76 Lok Sabha ............................................................................ Revenue ... 12,00,000 12,00,000 2 0 1 9
/
2 6 78 Secretariat of the Vice-President ...................................... Revenue 90,00,000 ... 90,00,000
t
h
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 80 Ministry of Railways .......................................................... Revenue 1,00,000 ... 1,00,000
P a u s a
—
,
Capital 1,00,000 ... 1,00,000 Capital 8565,39,00,000 ... 8565,39,00,000
[ 4 1
-
Capital 1,00,000 ... 1,00,000
3 N 84 Department of Science and Technology ......................... Revenue 1,00,000 ... 1,00,000
o
.
Capital 1,00,000 ... 1,00,000 4 1
-
– – – – – – –
3 87 Ministry of Shipping .......................................................... Revenue 125,01,00,000 ... 125,01,00,000
]
—
T h e 88 Ministry of Skill Development and Entrepreneurship ....... Revenue 1,00,000 ... 1,00,000
J
& K
89 Department of Social Justice and Empowerment ........... Revenue 2263,27,00,000 ... 2263,27,00,000
G
o v
t .
90 Department of Empowerment of Persons with Disabilities .......Revenue 1,00,000 ... 1,00,000
G
a z e
t t 91 Department of Space ......................................................... Revenue 1,00,000 ... 1,00,000
e
,
Capital 1,00,000 ... 1,00,000 1 6
t
h
92 Ministry of Statistics and Programme Implementation .... Revenue 69,62,00,000 ... 69,62,00,000
J a n
. ,
93 Ministry of Steel ................................................................. Revenue 105,75,00,000 ... 105,75,00,000
2 0 1 9
/
2 6
t
h 94 Ministry of Textiles ........................................................... Revenue 3,00,000 ... 3,00,000
P a u s a 95 Ministry of Tourism ........................................................... Revenue 2,00,000 ... 2,00,000
, 97 Ministry of Water Resources, River Development
— — —
and Ganga Rejuvenation ................................................ Revenue 1,00,000 ... 1,00,000
9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––———————————— 1 0
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 98 Ministry of Women and Child Development ................. Revenue 58,65,00,000 ... 58,65,00,000 Capital 18,12,00,000 ... 18,12,00,000
& K
G
o v
t .
G
a z e 99 Ministry of Youth Affairs and Sports ............................... Revenue 21,00,000 ... 21,00,000 —————————————————————————————————— Total : 85917,88,00,000 30,98,00,000 85948,86,00,000 ——————————————————————————————————
t t
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,
1 6
t
h
J a n
. ,
2 0 1 9
/
2 6
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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
P a u s a
—
, [ 4 1
-
3 EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Wed., the 31st July, 2019/9th Srav., 1941. [No. 17-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
(Act No. 20 of 2019)
[31st July, 2019.]
An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2019.
2 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) It shall extend to the whole of India except the State of
Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 19th day
of September, 2018.
2. Definitions.—In this Act, unless the context otherwise
requires,—
(a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) ;
(b) "Magistrate" means a Judicial Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides ; and
(c) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.
CHAPTER II
Declaration of Talaq to be Void and Illegal
3. Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
4. Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
CHAPTER III
Protection of Rights of Married Muslim Women
5. Subsistence allowance.—Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.
No. 17-4] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
6. Custody of minor children.—Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
7. Offence to be cognizable, compoundable, etc.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—
(a) an offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage ;
(b) an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine ;
(c) no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.
8. Repeal and savings.—(1) The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ordinance 4 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ordinance 4 of 2019), shall be deemed to have been done or taken under the provisions of this Act.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 11th Dec., 2020/20th Agra., 1942. [No. 37-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II—B
Notifications, Notices and Orders by Heads of Departments.
———–
OFFICE OF THE MEDICAL SUPERINTENDENT, SMGS HOSPITAL, JAMMU.
The Principal, Govt. Medical College, Jammu.
No. SMGSH/2020/E-4/9694-95
Dated 11-12-2020.
Subject :—Destruction of Patients "Inactive Medical Records" –––––
Gazette Notification of Institution policy.
––––––––
Madam,
In reference to the subject cited above, it is to bring to your kind notice that the Medical Records Officer, SMGS Hospital, Jammu vide 2 The J&K Govt. Gazette, 11th Dec., 2020/20th Agra., 1942. [No. 37-4 –––––––––––––––––––––––––––––––––––––––––—–––—————––——
her office communication No. MRD 1296 dated 09-12-2020 has requested to reconstitute a committee for destroying the "Inactive Medical Records" in light of the decision taken as per the minutes of the Meeting held on 6th August, 2011 under endtt. No. MCJ/PS/11/meeting/1418 dated 17-08-2011 (copy of the minutes of the meeting is enclosed herewith). Destruction/Retention time period of General case sheets, Death case sheets, MLC sheets and Outpatient Department records was upheld and reproduced as under :—
General Case Sheets Death\MLC Case Sheets OPD Records
10 Years 15 Years 5 Years
Apt to add that the undersigned along with the Medical Records Officer of this hospital has attended the personal appearance of 2nd Appeal filed before the J&K State Information Commission by Sh. Sanjeev Kumar S/o Lt. Brij Lal R/o R. S Pura on 14-11-2018, wherein, State Information Commissioner, Jammu and Kashmir has advised that to avoid any litigation in future and in view of larger public interest, it is mandatory that before the exercise of destroying of Inactive Medical Records is initiated, it is better firstly the Institutional policy, if any already framed by the administration should get published and notified in the Government Gazette in the interest of public and after then, the inactive Medical Records may also get published and notified in the Government Gazette.
In view of the above, you are requested to take up the matter with the General Manger Ranbir Press for Gazette Notification of the same, so that the process of destroying of Inactive Medical records can be carried out smoothly.
Yours Faithfully,
Medical Superintendent,
SMGS Hospital, Jammu.
––––––––
OFFICE OF THE PRINNCIPAL, GOVT. MEDICAL COLLEGE HOSPITAL, JAMMU.
MINUTES OF MEETING
In supersession to the previous minutes of meeting vide letter No. GMC/PS/minutes/1299 dated 4th of July, 2011, a meeting was held No. 37-4] The J&K Govt. Gazette, 11th Dec., 2020/20th Agra., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
in the Office Chamber of Principal, Govt. Medical College Jammu on 6th of August, 2011 at 9:30 A. M. The meeting was chaired by worthy Principal Medical College Jammu, Dr. Rajinder Singh in connection with framing of the policy in the Medical Record department regarding the collection of death, MLC, General case sheets, OPD records and destruction of In-patient case sheets, retrieval of Medical Records in tile light of Court directions, Registration of Birth and Death Act, 1969 and Right To Information Act (RTI).
Presents :—The following Doctors/Officers were present :—
1. Dr. Bharat Bhushan Gupta
HoD Medicine
2. Dr. Rakesh Saraf HoD Surgery
3. Dr. Sudesh Sharma HoD Orthopedic
4. Dr. R. K. Mengi
HoD Ophthalmology
5. Dr. Mohan Lal
HoD Cardiology
6. Dr. B. B. Kapoor
HoD Anaesthesia
7. Dr. Noor Ali
Acting HoD CTVS
8. Dr. Romesh Gupta
Medical Superintendent (GMCH)
9. Dr. Manoj Chalotra
Dy. Medical Superintendent (GMCH)
10. Dr. Sanjeev Gupta, CMO I/c Control Room (MCH)
11. Mrs. Promila Raina
Medical Record Officer, MCH/SMGS, Hospital
12. Mrs. Phoola Koul
Matron, GMCH 4 The J&K Govt. Gazette, 11th Dec., 2020/20th Agra., 1942. [No. 37-4 –––––––––––––––––––––––––––––––––––––––––—–––—————––——
Following decisions were takem :—
1. It was unanimously decided that the Death and MLC case sheets
from wards and emergency completed in all respect along with
Form No. 4, shall be submitted by the Registrar of the concerned
unit designated by the respective Head of Departments under
an intimation to the respective HoU/HoD. The completed death/
MLC files to be submitted in the Medical Record Department
shall all have final diagnosis along with date and time of death,
legibly written on tile face Sheets of the file. The Medical Record
Officer will nominate a person who will keep liaison with the
Registrar and collect the files under proper receipt. Duly
completed files should reach in Medical Record Department
within one week.
2. General case sheets completed in all respects will be deposited
by the discharging Doctor of the concerned unit with the Sister
I/c of the respective wards during the working hours preferably
in exceptional cases like LAMA, Absconder, discharge on
request, the doctors on duty shall keep the file along with him
and handover the same to the staff Nurse in-charge of the ward
on next day. Census clerk of Medical Record Department will
collect the case sheets on daily basis from the wards under proper
receipt from the concerned I/c Sister of the ward.
3. The files of death cases/MLC cases being discharged from the
ICU shall be submitted to the parent admitting Unit by the
doctors of ICU declaring the deaths/discharging the patient.
4. Destruction/Retention time period of General case sheets, Death
case sheets, MLC case sheets and Out Patient Department
records was upheld as per the past decision of minutes of meeting
vide No. 11884-92 dated 21-10-2008 and reproduced as
under :
General Case Sheets Death\MLC Case Sheets OPD Records
10 Years 15 Years 5 Years
5. It was also decided that the retention period for Inactive Medical
Record will be maintained as per the hospital policy farmed and
will be destroyed every year for the improvisation. It was further No. 37-4] The J&K Govt. Gazette, 11th Dec., 2020/20th Agra., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
decided to destroy them on yearly basis by the committee already framed for the purpose.
Principal, Govt. Medical College Jammu.
––––––––
DEPARTMENT OF MEDICAL RECORDS, SMGS HOSPITAL, JAMMU.
The Medical Superintendent, SMGS Hospital, Jammu.
No. SMGSH/2020/E-4/ Dated :
Subject :—Destruction of Patients "Inactive Medical Records"
Sir,
In continuation to our previous communication No. MRD/1246 dated 02-12-2020 on the subject cited above, whereunder the undersigned has requested to kindly reconstitute a committee for destroying the Inactive Medical Records from 01-04-2009 onwards up to 31-03-2010 for General Indoor records, Birth/Death/MLC Record w. e. f. 01-4-2004 onwards up to 31-03-2005 and OPD Records w. e. f. 01-04-2014 onwards up to 31-03-2015.
But it has come to the notice of the undersigned that a minutes of the meeting has already been issued by the then Principal, GMC, Jammu vide endtt. No. MCJ/PS/11/meeting/1418 dated 17-08-2011, whereunder guidelines were issued for disposal/destruction of Inactive Medical Records and superseding all the previous orders/guidelines passed before this.
In light of latest guidelines issued by the Principal, GMC, Jammu in the meeting 2011 held on 6th August 2011 and minutes of the meeting issued thereof under endtt. No. MCJ/PS/11/meeting/1418 dated 17-08-2011. You are requested to again convene a meeting of already constituted committee in light of above quoted minutes for destruction of Inactive Medical Records strictly as per the guidelines issued by the then Principal, GMC, Jammu.
6 The J&K Govt. Gazette, 11th Dec., 2020/20th Agra., 1942. [No. 37-4 –––––––––––––––––––––––––––––––––––––––––—–––—————––——
Apt to add that one of the 2nd Appeal filed before the J&K State Information Commission by Sh. Sanjeev Kumar S/o Lt. Brij Lal R/o R. S. Pura on 14-11-2018, wherein, your goodself alongwith the then MRO, SMGS Hospital, Jammu has attended the personal appearance in which, the State Information Commissioner, Jammu and Kashmir has advised that to avoid any litigation in future and in view of larger public interest, it is mandatory that before the exercise of destroying of Inactive Medical Records is initiated, firstly the Institutional Policy, if any already framed by the administration should get published and notified in the government Gazette and after then, the Inactive Medical Records may also get published and notified in Government Gazette.
Yours Faithfully
Medical Records Officer, SMGS Hospital, Jammu.
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ìïïïïïïïïïíïïïïïïïïïî
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G
Rs. Rs. Rs.
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t t 1. Department of Agriculture, Cooperation and
e
,
1 5
t Farmers' Welfare .......................................................................Revenue 43183,50,00,000 ... 43183,50,00,000 Capital 11,57,00,000 ... 11,57,00,000
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2. Department of Agricultural Research and Education................. Revenue 2692,92,00,000 ... 2692,92,00,000
. ,
Capital
...
...
... 2 0 1 9
/
3. Department of Animal Husbandry, Dairying and Fisheries .........Revenue 1155,46,00,000 ... 1155,46,00,000 2 6
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Capital 14,67,00,000 ... 14,67,00,000
M
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, 4 Atomic Energy ............................................................... Revenue 5079,56,00,000 33,00,000 5079,89,00,000 Capital 3320,68,00,000 7,78,00,000 3328,46,00,000
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
Siddha and Homoeopathy ........................................................ Revenue 748,52,00,000 ... 748,52,00,000 Capital 7,00,000 ... 7,00,000
3 4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 6 Department of Chemicals and Petrochemicals ..........................Revenue 132,33,00,000 ... 132,33,00,000 ...
Capital
...
...
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7 Department of Fertilisers ............................................. Revenue 35443,40,00,000 ... 35443,40,00,000 Capital 2,00,000 ... 2,00,000
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, 8 Department of Pharmaceuticals .................................... Revenue 78,48,00,000 ... 78,48,00,000 Capital 2,00,000 ... 2,00,000
1 5
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h 9 Ministry of Civil Aviation ............................................ Revenue 1585,88,00,000 ... 1585,88,00,000 Capital 8,34,00,000 ... 8,34,00,000
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10 Ministry of Coal .......................................................... Revenue 274,02,00,000 ... 274,02,00,000 ...
Capital
...
...
2 0 1 9
/
2 6
t
h 11 Department of Commerce ............................................ Revenue 2409,88,00,000 ... 2409,88,00,000 Capital 391,67,00,000 ... 391,67,00,000 M
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
—
a g h a
, 12 Department of Industrial Policy and Promotion .... Revenue 2962,80,00,000 ... 2962,80,00,000 Capital 557,64,00,000 ... 557,64,00,000
– – – [ 13 Department of Posts ................................................... Revenue 9786,22,00,000 27,00,000 9786,49,00,000 Capital 315,91,00,000 ... 315,91,00,000 4 6
- 14 Department of Telecommunications ........................ Revenue 10231,21,00,000 ... 10231,21,00,000 Capital 3239,91,00,000 ... 3239,91,00,000
2 N
o
.
15 Department of Consumer Affairs .............................. Revenue 749,44,00,000 ... 749,44,00,000 Capital 27,83,00,000 ... 27,83,00,000
4 6
-
– – – – – – –
2
]
—
16 Department of Food and Public Distribution ........... Revenue 106682,64,00,000 ... 106682,64,00,000 Capital 17108,71,00,000 ... 17108,71,00,000
T h e
J 17 Ministry of Corporate Affairs .................................... Revenue 175,88,00,000 ... 175,88,00,000 Capital 17,00,00,000 ... 17,00,00,000
& K
G
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18 Ministry of Culture ...................................................... Revenue 998,52,00,000 ... 998,52,00,000 Capital 56,01,00,000 ... 56,01,00,000
G
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, 19 Ministry of Defence (Miscellaneous) ........................ Revenue 13830,86,00,000 25,00,000 13831,11,00,000 Capital 2900,59,00,000 11,67,00,000 2912,26,00,000
1 5
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20 Defence Services (Revenue) ....................................... Revenue 82100,02,00,000 33,37,00,000 82133,39,00,000 ...
Capital
...
...
F e b
. ,
21 Capital Outlay on Defence Services .......................... Revenue ...
...
2 0 1 9
... Capital 59366,65,00,000 27,78,00,000 59394,43,00,000
/
2 6
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h
M 22 Defence Pensions ........................................................ Revenue 37359,04,00,000 82,00,000 37359,86,00,000 ...
Capital
...
...
a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
24 Ministry of Drinking Water and Sanitation ............. Revenue 8655,57,00,000 ... 8655,57,00,000 ...
Capital
...
...
5 6 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 25 Ministry of Earth Sciences ......................................... Revenue 596,02,00,000 ... 596,02,00,000 Capital 39,33,00,000 ... 39,33,00,000
& K
G
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t .
26 Ministry of Electronics and Information Technology ... Revenue 2024,00,00,000 ... 2024,00,00,000 Capital 116,00,00,000 ... 116,00,00,000
G
a z e
t t
e
, 27 Ministry of Environment, Forests and Climate Change ... Revenue 1073,07,00,000 ... 1073,07,00,000 Capital 21,51,00,000 ... 21,51,00,000
1 5
t
h 28 Ministry of External Affairs ...................................... Revenue 6280,48,00,000 1,00,000 6280,49,00,000 Capital 719,89,00,000 ... 719,89,00,000
F e b
. ,
29 Department of Economic Affairs .............................. Revenue 1085,49,00,000 ... 1085,49,00,000 Capital 5736,71,00,000 ... 5736,71,00,000
2 0 1 9
/
2 6
t
h 30 Department of Expenditure ....................................... Revenue 133,52,00,000 ... 133,52,00,000 ...
Capital
...
...
M
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
—
a g h a
, 31 Department of Financial Services ............................. Revenue 490,61,00,000 ... 490,61,00,000 Capital 1956,12,00,000 ... 1956,12,00,000
– – – [ 32 Department of Investment and Public Asset Management ...... Revenue 15,69,00,000 ... 15,69,00,000 ...
Capital
...
...
4 6
- 33 Department of Revenue ............................................. Revenue 67950,54,00,000 1,00,000 67950,55,00,000 Capital 2,91,00,000 ... 2,91,00,000
2 N
34 Direct Taxes ................................................................. Revenue 2345,48,00,000 ... 2345,48,00,000
o
.
Capital 100,67,00,000 ... 100,67,00,000 4 6
-
– – – – – – –
2
]
—
35 Indirect Taxes .............................................................. Revenue 2497,72,00,000 17,00,000 2497,89,00,000
Capital 135,62,00,000 ... 135,62,00,000 T h e
J
36 Indian Audit and Accounts Department .................... Revenue 1835,54,00,000 65,51,00,000 1901,05,00,000 & K
Capital 5,33,00,000 ... 5,33,00,000
G
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CHARGED.—Interest Payments ..................................... Revenue ... 225686,97,00,000 225686,97,00,000
G
Capital
...
...
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CHARGED.—Repayment of Debt ................................... Revenue ...
...
... 1 5
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Capital
... 1994395,70,00,000 1994395,70,00,000
h
F e b
. , 39 Pensions ........................................................................ Revenue 19126,97,00,000 148,03,00,000 19275,00,00,000
Capital
...
...
...
2 0 1 9
/
2 6
t 40 Transfers to States ...................................................... Revenue 11937,78,00,000 55019,89,00,000 66957,67,00,000
h
Capital
... 6607,76,00,000 6607,76,00,000
M
a g h a 41 Ministry of Food Processing Industries ................... Revenue 398,87,00,000 ... 398,87,00,000
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Capital
...
...
...
— — —
Capital 1241,29,00,000 ... 1241,29,00,000
7 8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3 4 5
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Rs. Rs. Rs.
T h e
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Capital
...
...
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o v 43 Department of Health Research ................................ Revenue 1124,88,00,000 ... 1124,88,00,000 ... 44 Department of Heavy Industry ................................. Revenue 419,94,00,000 ... 419,94,00,000 Capital 148,52,00,000 ... 148,52,00,000
t .
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a z e
t t 45 Department of Public Enterprises ............................. Revenue 7,55,00,000 ... 7,55,00,000 ...
Capital
...
...
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,
1 5
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h 46 Ministry of Home Affairs ........................................... Revenue 1553,69,00,000 1,00,000 1553,70,00,000 Capital 93,59,00,000 ... 93,59,00,000
F e b
. ,
47 Cabinet .......................................................................... Revenue 276,28,00,000 ... 276,28,00,000 ...
Capital
...
...
2 0 1 9
/
2 6
t
h 48 Police ............................................................................ Revenue 39423,49,00,000 2,41,00,000 39425,90,00,000 Capital 5257,02,00,000 2,11,00,000 5259,13,00,000
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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
—
a g h a
, 49 Andaman and Nicobar Islands .................................... Revenue 1495,33,00,000 ... 1495,33,00,000 Capital 200,53,00,000 ... 200,53,00,000
– – – [ 50 Chandigarh ................................................................... Revenue 1436,49,00,000 14,00,00,000 1450,49,00,000 Capital 125,54,00,000 8,33,00,000 133,87,00,000 4 6
- 51 Dadra and Nagar Haveli .............................................. Revenue 289,27,00,000 ... 289,27,00,000 Capital 105,69,00,000 ... 105,69,00,000
2 N
o
.
4 6
-
– – – – – – –
2
] 52 Daman and Diu ............................................................ Revenue 525,33,00,000 1,00,000 525,34,00,000 Capital 114,16,00,000 ... 114,16,00,000 53 Lakshadweep ................................................................ Revenue 372,37,00,000 ... 372,37,00,000 Capital 62,13,00,000 ... 62,13,00,000 —
T h e
J 54 Transfers to Delhi ....................................................... Revenue 270,67,00,000 ... 270,67,00,000 Capital 100,00,00,000 ... 100,00,00,000
& K
G
o v 55 Transfers to Puducherry ............................................. Revenue 515,00,00,000 ... 515,00,00,000 ...
Capital
...
...
t .
G
a z e
t t 56 Ministry of Housing and Urban Affairs ..................... Revenue 12304,80,00,000 30,60,00,000 12335,40,00,000 Capital 6570,21,00,000 23,97,00,000 6594,18,00,000
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,
1 5
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h 57 Department of School Education and Literacy ....... Revenue 32478,59,00,000 ... 32478,59,00,000 ...
Capital
...
...
F e b
. ,
58 Department of Higher Education .............................. Revenue 15642,28,00,000 ... 15642,28,00,000 Capital 806,67,00,000 ... 806,67,00,000
2 0 1 9
/
2 6
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M 59 Ministry of Information and Broadcasting .............. Revenue 1455,22,00,000 ... 1455,22,00,000 Capital 4,51,00,000 ... 4,51,00,000
a g h a
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
61 Law and Justice ............................................................ Revenue 1417,81,00,000 ... 1417,81,00,000 Capital 45,00,00,000 ... 45,00,00,000
9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––———————————— 1 0
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 62 Election Commission .................................................. Revenue 95,32,00,000 ... 95,32,00,000
& K
G
Capital 19,45,00,000 ... 19,45,00,000 CHARGED.—Supreme Court of India ..................... Revenue ... 93,15,00,000 93,15,00,000
o v
Capital
...
...
...
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a z e
t t 64 Ministry of Micro, Small and Medium Enterprises ... Revenue 2169,72,00,000 ... 2169,72,00,000 Capital 9,01,00,000 ... 9,01,00,000
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,
1 5
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65 Ministry of Mines ....................................................... Revenue 513,46,00,000 ... 513,46,00,000
h
Capital 35,86,00,000 ... 35,86,00,000 F e b
. ,
66 Ministry of Minority Affairs ..................................... Revenue 1546,66,00,000 ... 1546,66,00,000 2 0 1 9
Capital 20,00,00,000 ... 20,00,00,000
/
2 6
t
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M 67 Ministry of New and Renewable Energy ................... Revenue 1776,61,00,000 ... 1776,61,00,000 Capital 15,00,00,000 ... 15,00,00,000
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
—
a g h a
,
68 Ministry of Panchayati Raj ........................................ Revenue 290,46,00,000 ... 290,46,00,000 – – – Capital
...
...
...
[ 4 6
- 70 Ministry of Personnel, Public Grievances and Pensions . Revenue 505,32,00,000 1,26,00,000 506,58,00,000 Capital 46,96,00,000 17,00,000 47,13,00,000
2 N CHARGED.—Central Vigilance Commission ................ Revenue ... 11,85,00,000 11,85,00,000
o
.
Capital
...
...
...
4 6
-
– – – – – – –
2
]
72 Ministry of Petroleum and Natural Gas .................... Revenue 31100,75,00,000 ... 31100,75,00,000 —
Capital 541,75,00,000 ... 541,75,00,000
T h e
J
73 Ministry of Planning ................................................... Revenue 203,94,00,000 ... 203,94,00,000
& K
Capital 23,00,000 ... 23,00,000
G
o v
t .
74 Ministry of Power ....................................................... Revenue 7564,39,00,000 ... 7564,39,00,000
G
Capital 1429,06,00,000 ... 1429,06,00,000
a z e
t t
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, CHARGED.—Staff, Household and Allowances of
1 5 the President ............................................................ Revenue ... 21,26,00,000 21,26,00,000
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Capital
...
...
...
F e b
. ,
76 Lok Sabha ..................................................................... Revenue 320,61,00,000 43,00,000 321,04,00,000
Capital
...
...
...
2 0 1 9
/
2 6
t
77 Rajya Sabha .................................................................. Revenue 133,17,00,000 51,00,000 133,68,00,000
h
Capital
...
...
... M
a g h a
, 78 Secretariat of the Vice-President ............................... Revenue 2,33,00,000 ... 2,33,00,000
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
Capital
...
...
... 1 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––———————————— 1 2
1
2
3 4 5
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Rs. Rs. Rs.
T h e
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80 Ministry of Railways ................................................... Revenue 92040,83,00,000 154,43,00,000 92195,26,00,000
Capital 76200,77,00,000 12,10,00,000 76212,87,00,000
& K
G
o v
t .
81 Ministry of Road Transport and Highways .............. Revenue 8450,21,00,000 ... 8450,21,00,000 Capital 55585,67,00,000 4,45,00,000 55590,12,00,000 G
a z e
t t
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, 82 Department of Rural Development .......................... Revenue 77256,78,00,000 ... 77256,78,00,000 Capital 33,33,00,000 ... 33,33,00,000
1 5
t
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F e b 83 Department of Land Resources ................................. Revenue 742,41,00,000 ... 742,41,00,000 ...
Capital
...
...
. ,
2 0 1 9
/ 84 Department of Science and Technology .................. Revenue 1750,36,00,000 1,00,000 1750,37,00,000 Capital 30,00,00,000 ... 30,00,00,000 2 6
t
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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Capital
...
...
—
a g h a
, 85 Department of Biotechnology .................................. Revenue 860,11,00,000 ... 860,11,00,000 ... 86 Department of Scientific and Industrial Research ... Revenue 1628,75,00,000 ... 1628,75,00,000 Capital 3,22,00,000 ... 3,22,00,000
– – – [ 87 Ministry of Shipping ................................................... Revenue 738,66,00,000 ... 738,66,00,000 Capital 175,52,00,000 ... 175,52,00,000 4 6
- 88 Ministry of Skill Development and Entrepreneurship ......... Revenue 975,37,00,000 ... 975,37,00,000 Capital 21,03,00,000 ... 21,03,00,000
2 N
89 Department of Social Justice and Empowerment .... Revenue 2508,33,00,000 ... 2508,33,00,000
o
.
Capital 91,67,00,000 ... 91,67,00,000 4 6
-
90 Department of Empowerment of Persons with Disabilities .... Revenue 367,90,00,000 ... 367,90,00,000
– – – – – – –
2
]
—
Capital 13,74,00,000 ... 13,74,00,000
T h e
91 Department of Space .................................................. Revenue 2189,97,00,000 20,00,000 2190,17,00,000
J
Capital 2235,28,00,000 13,00,000 2235,41,00,000 & K
G
92 Ministry of Statistics and Programme Implementation Revenue 1870,54,00,000 ... 1870,54,00,000 o v
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Capital 4,91,00,000 ... 4,91,00,000
G
a z e
t t 93 Ministry of Steel .......................................................... Revenue 80,43,00,000 ... 80,43,00,000
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,
Capital
...
...
... 1 5
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94 Ministry of Textiles .................................................... Revenue 2851,74,00,000 ... 2851,74,00,000 F e b
. ,
Capital 10,30,00,000 ... 10,30,00,000
2 0 1 9
/ 95 Ministry of Tourism .................................................... Revenue 729,74,00,000 ... 729,74,00,000
2 6
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Capital
...
...
...
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96 Ministry of Tribal Affairs ........................................... Revenue 371,88,00,000 1777,13,00,000 2149,01,00,000 a g h a
Capital 26,67,00,000 ... 26,67,00,000
,
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — — —
Capital 140,63,00,000 ... 140,63,00,000 1 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––———————————— 1 4
1
2
3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs. Rs. Rs.
T h e
J 98 Ministry of Women and Child Development .......... Revenue 9883,30,00,000 ... 9883,30,00,000 ...
Capital
...
...
& K
G
o v
t .
G
a z e
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, 99 Ministry of Youth Affairs and Sports ........................ Revenue 727,30,00,000 ... 727,30,00,000 Capital 11,67,00,000 ... 11,67,00,000 ————————————————————————————————— Total : 1133030,89,00,000 2284264,49,00,000 3417295,38,00,000 —————————————————————————————————
1 5
t
h
F e b
. ,
2 0 1 9
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2 6
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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
—
a g h a
,
– – – [ 4 6
-
2 EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 24th April, 2020/4th Vai., 1942. [No. 4-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th April, 2020/Vaisakha 4, 1942 (Saka)
THE HOMOEOPATHY CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2020
(No. 6 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance further to amend the Homoeopathy Central Council
Act, 1973.
The J&K Govt. Gazette, 24th April, 2020/4th Vai., 1942. [No. 4-1
2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This Ordinance may be called the Homoeopathy Central Council (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. Amendment of section 3A.—In section 3A of Homoeopathy Central Council Act, 1973 (59 of 1973) in sub-section (2), for the words "within a period of two years", the words "within a period of three years" shall be substituted.
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.