THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 133]
Jammu, Thu., the 14th Jan., 2021/24th Pausa, 1942. [ No. 42
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
418-426
465-482
77-78
309-314
103-104 205-208
418 The J&K Govt. Gazette, the 14th Jan., 2021/24th Pausa, 1942. [ No. 42
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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
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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
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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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
—————————————————————————————
K. M.
No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942.
469
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
—————————————————————————————
K. M.
470 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
—————————————————————————————
K. M
No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942.
471
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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-
1
2
3
4
5
—————————————————————————————
K. M.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1006
01–02
1005
01–00
1004 min
00–10
811 min
00–11
1007
00–16
1008
00–15
1011 min
00–04
808 min
00–02
1012
00–10
1013 min
00–02
807 min
00–03
806 min
00–06
1098
01–08
1097 min
00–05
1100
00–01
771 min
00–05
1099
00–15
1101 min
00–02
1102
00–05
1103 min
00–12
770 min
00–03
1104 min
02–01
1105
00–06
719 min
00–04
1106
00–08
1
2
3
4
5
—————————————————————————————
K. M.
No. 41] The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942.
475
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1226
00–06
1225 min
00–03
1227
00–07
1228
00–03
1241
01–11
1240
01–11
1239
00–10
1276
00–13
1277
00–01
1349
01–15
1275 min
00–17
1353 min
00–02
1351
01–10
1350
00–02
1346
00–06
719 min
00–05
1356 min
02–01
1358 min
01–10
1359 min
01–05
1378 min
02–03
1379 min
02–01
1380 min
00–07
1444 min
01–00
1445 min
01–10
1371 min
00–04
1
2
3
4
5
—————————————————————————————
K. M.
476 The J&K Govt. Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 Engineer,
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
1
2
3
4
5
—————————————————————————————
K. M.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 Engineer,
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
1
2
3
4
5
—————————————————————————————
K. M.
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 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
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.
———–
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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.”.
THE APPROPRIATION ACT, 2019
(Act No. 4 of 2019)
[15 th February, 2019.]
An Act to authorise payment and appropriation of certain further
sums from and out of the Consolidated Fund of India for the services
of the financial year 2018-19.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :
—
1.
Short title. —This Act may be called the Appropriation Act,
2019.
2.
Issue of Rs. 198831,36,00,000 out of the Consolidated Fund
of India for the financial year 2018-19.
—From and out of the
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Fri., the 15th Feb., 2019/26th Magha, 1940.
[No. 46-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
EXTRAORDINARY
REGD. NO. JK —33
2 The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No.46-1
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
Consolidated Fund of India there may be paid and applied sums not
exceeding those specified in column 3 of the Schedule amounting in
the aggregate to the sum of One lakh ninety-eight thousand eight
hundred thirty-one crore and thirty-six lakh rupees towards defraying
the several charges which will come in course of payment during the
financial year 2018-19 in respect of the services specified in column
2 of the Schedule.
3.
Appropriation. —The sums authorised to be paid and applied
from and out of the Consolidated Fund of India by this Act shall be
appropriated for the services and purposes expressed in the Schedule
in relation to the said year.
———
No. 46-1]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
3
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
1 Department of Agriculture, Cooperation and Farmers’
Welfare ..........................................................................
Revenue
19387,02,00,000
...
19387,02,00,000
2 Department of Agricultural Research and Education ...
Revenue
2,00,000
...
2,00,000
3 Department of Animal Husbandry, Dairying and Fisheries ..... Revenue
201,16,00,000
...
201,16,00,000
Capital
1,00,000
...
1,00,000
4 Atomic Energy .............................................................
Revenue
4,00,000
...
4,00,000
Capital
2375,50,00,000
...
2375,50,00,000
5 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy (AYUSH) ..........................
Revenue
53,43,00,000
...
53,43,00,000
7 Department of Fertilisers ............................................
Revenue
1,00,000
...
1,00,000
THE SCHEDULE
(See sections 2 and 3)
No. of
Services and purposes
Sums not exceeding
Vote
Voted by
Charged on the
Total
Parliament
Consolidated
Fund
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
4 The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No.46-1
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
8 Department of Pharmaceuticals .................................
Revenue
307,23,00,000
...
307,23,00,000
Capital
3,95,00,000
...
3,95,00,000
9 Ministry of Civil Aviation ...........................................
Revenue
98,00,000
...
98,00,000
10 Ministry of Coal ...........................................................
Revenue
10,94,00,000
...
10,94,00,000
11 Department of Commerce ..........................................
Revenue
310,01,00,000
...
310,01,00,000
12 Department of Industrial Policy and Promotion .....
Revenue
2,00,000
...
2,00,000
Capital
16,33,00,000
...
16,33,00,000
13 Department of Posts ....................................................
Capital
46,87,00,000
...
46,87,00,000
14 Department of Telecommunications .........................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
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
No. 46-1]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
5
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
20 Defence Services (Revenue) ........................................
Revenue
1403,97,00,000
..
1403,97,00,000
21 Capital Outlay on Defence Services ...........................
Capital
...
97,42,00,000
97,42,00,000
24 Ministry of Drinking Water and Sanitation ..............
Revenue
5391,34,00,000
...
5391,34,00,000
25 Ministry of Earth Sciences ..........................................
Revenue
2,00,000
...
2,00,000
Capital
1,00,000
...
1,00,000
26 Ministry of Electronics and Information Technology ..
Revenue
20,91,00,000
...
20,91,00,000
27 Ministry of Environment, Forests and Climate Change .....
Revenue
1,00,000
...
1,00,000
29 Department of Economic Affairs ...............................
Revenue
4,00,000
...
4,00,000
Capital
3,00,000
...
3,00,000
31 Department of Financial Services ..............................
Capital
4500,00,00,000
...
4500,00,00,000
34 Direct Taxes ..................................................................
Revenue
299,96,00,000
...
299,96,00,000
35 Indirect Taxes ...............................................................
Capital
2,00,000
...
2,00,000
36 Indian Audit and Accounts Department .....................
Capital
25,55,00,000
...
25,55,00,000
CHARGED.—Interest Payments ......................................
Revenue
...
9196,65,00,000
9196,65,00,000
CHARGED.—Repayment of Debt ....................................
Capital
...
106594,12,00,000
106594,12,00,000
6 The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No.46-1
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
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2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
40 Transfers to States .......................................................
Capital
...
3800,84,00,000
3800,84,00,000
42 Department of Health and Family Welfare ..............
Revenue
2916,52,00,000
...
2916,52,00,000
Capital
1974,90,00,000
...
1974,90,00,000
43 Department of Health Research .................................
Revenue
2,00,000
...
2,00,000
44 Department of Heavy Industry ..................................
Revenue
1,00,000
...
1,00,000
Capital
10,00,00,000
...
10,00,00,000
45 Department of Public Enterprises ..............................
Revenue
1,00,00,000
...
1,00,00,000
46 Ministry of Home Affairs ............................................
Revenue
6,01,00,000
...
6,01,00,000
Capital
1,00,000
...
1,00,000
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
50 Chandigarh ....................................................................
Revenue
24,67,00,000
...
24,67,00,000
Capital
9,00,000
...
9,00,000
51 Dadra and Nagar Haveli ...............................................
Revenue
19,86,00,000
...
19,86,00,000
Capital
1,00,000
...
1,00,000
No. 46-1]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
7
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
53 Lakshadweep .................................................................
Revenue
2,00,000
...
2,00,000
54 Transfers to Delhi ........................................................
Capital
2,59,00,000
...
2,59,00,000
55 Transfers to Puducherry ..............................................
Revenue
1,00,000
...
1,00,000
Capital
49,61,00,000
...
49,61,00,000
56 Ministry of Housing and Urban Affairs ......................
Revenue
7635,00,00,000
...
7635,00,00,000
Capital
600,02,00,000
...
600,02,00,000
57 Department of School Education and Literacy .......
Revenue
4762,75,00,000
...
4762,75,00,000
58 Department of Higher Education ...............................
Revenue
784,33,00,000
...
784,33,00,000
59 Ministry of Information and Broadcasting ...............
Revenue
11,77,00,000
...
11,77,00,000
60 Ministry of Labour and Employment ........................
Revenue
1024,79,00,000
...
1024,79,00,000
61 Law and Justice .............................................................
Capital
1637,14,00,000
...
1637,14,00,000
62 Election Commission ...................................................
Capital
1,00,000
...
1,00,000
CHARGED.—Supreme Court of India ............................
Revenue
...
7,47,00,000
7,47,00,000
64 Ministry of Micro, Small and Medium Enterprises ..
Revenue
2,00,000
...
2,00,000
8 The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No.46-1
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
65 Ministry of Mines ........................................................
Revenue
1,00,000
...
1,00,000
66 Ministry of Minority Affairs ......................................
Revenue
3,00,000
...
3,00,000
67 Ministry of New and Renewable Energy ....................
Revenue
2,00,000
...
2,00,000
72 Ministry of Petroleum and Natural Gas .....................
Revenue
1364,19,00,000
...
1364,19,00,000
73 Ministry of Planning ....................................................
Revenue
1,00,000
...
1,00,000
74 Ministry of Power ........................................................
Revenue
2850,00,00,000
...
2850,00,00,000
Capital
900,00,00,000
...
900,00,00,000
CHARGED.—Staff, Household and Allowances of the
President ........................................................................ Revenue ...
`
42,00,000
42,00,000
77 Rajya Sabha ...................................................................
Revenue
23,37,00,000
...
23,37,00,000
80 Ministry of Railways ....................................................
Revenue
..
46,00,00,000
46,00,00,000
Capital
1,00,000
191,65,00,000
191,66,00,000
81 Ministry of Road Transport and Highways ...............
Revenue
2,00,000
...
2,00,000
Capital
9683,50,00,000
...
9683,50,00,000
82 Department of Rural Development ...........................
Revenue
2,00,000
...
2,00,000
84 Department of Science and Technology ...................
Revenue
1,00,000
...
1,00,000
No. 46-1]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
9
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85 Department of Biotechnology ...................................
Revenue
2,00,000
...
2,00,000
86 Department of Scientific and Industrial Research ....
Revenue
1,00,000
...
1,00,000
87 Ministry of Shipping ....................................................
Revenue
1,00,000
...
1,00,000
Capital
125,00,00,000
...
125,00,00,000
88 Ministry of Skill Development and Entrepreneurship .............. Revenue
3,00,000
...
3,00,000
89 Department of Social Justice and Empowerment .....
Revenue
80,02,00,000
...
80,02,00,000
90 Department of Empowerment of Persons with Disabilities ...
Revenue
17,74,00,000
...
17,74,00,000
91 Department of Space ...................................................
Revenue
168,07,00,000
...
168,07,00,000
Capital
248,47,00,000
..
248,47,00,000
92 Ministry of Statistics and Programme Implementation .......
Revenue
2,00,000
...
2,00,000
93 Ministry of Steel ...........................................................
Revenue
1,24,00,000
...
1,24,00,000
94 Ministry of Textiles .....................................................
Revenue
3,00,000
...
3,00,000
Capital
13,00,00,000
...
13,00,00,000
96 Ministry of Tribal Affairs ............................................
Revenue
2,00,000
20,00,00,000
20,02,00,000
10 The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No.46-1
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
97 Ministry of Water Resources, River Development
and Ganga Rejuvenation ..............................................
Revenue
1,00,000
...
1,00,000
98 Ministry of Women and Child Development ...........
Revenue
1,00,000
...
1,00,000
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
——————————————————————————————————
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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.
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.
————
EXTRAORDINARY
REGD. NO. JK—33
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
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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
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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
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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
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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
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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
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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
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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
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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.
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
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.
———–
2 The J&K Govt. Gazette, 5th June., 2020/15th Jyai., 1942.
[ No.10-7
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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 ;
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(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
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(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
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5
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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
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(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
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7
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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
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(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.
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(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
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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.
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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.
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(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.
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(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.
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
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR OFFICIAL GAZETTE
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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.
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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 ;
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(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
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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.
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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.
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(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 ;
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(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
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(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
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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
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(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.
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(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
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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
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(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.
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.
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.
———–
2
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[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
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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
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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.
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
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Fri., the 14th Aug., 2020/23rd Srav., 1942.
[No. 20-2
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separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
———–
2
–––––––––––––––––––––––––––––––––––––––––––––—–––––————–
The J&K Govt. Gazette, 14th Aug., 2020/23rd. Srav., 1942. [No. 20-2
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.
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.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132]
Jammu, Wed., the 17th July, 2019/26th Asad., 1941.
[No. 15-3
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separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
EXTRAORDINARY
REGD. NO. JK—33
2
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––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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.
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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.
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
2
The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941.
[No. 16-2
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(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
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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.
(1)
(2)
(3)
(4)
————————————————————————————————
4
The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941.
[No. 16-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
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.”.
(1)
(2)
(3)
(4)
————————————————————————————————
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132]
Jammu, Thu., the 5th Dec., 2019/14th Agra., 1941.
[No. 36-2
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separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
EXTRAORDINARY
REGD. NO. JK—33
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
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(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 relation 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
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(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 National 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 ;
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(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.
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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.
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(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
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(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
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[No. 36-2
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(f) to facilitate access to transgender persons in hospitals and other
healthcare institutions and centres ;
(g) provision for coverage 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
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(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 nominated 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
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[No. 36-2
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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.
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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
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[No. 36-2
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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.
THE APPROPRIATION (NO. 6) ACT, 2018.
(Act No. 3 of 2019)
[16th January, 2019.]
An Act to authorise payment and appropriation of certain further
sums from and out of the Consolidated Fund of India for the
services of the financial year 2018-19.
Be it enacted by Parliament in the Sixty-ninth Year of the Republic
of India as follows : —
1.
Shor t title. —This Act may be called the Appropriation
(No. 6) Act, 2018.
2.
Issue of Rs. 85948,86,00,000 out of the Consolidated
Fund of India for the financial year 2018-19.
—From and out of the
Consolidated Fund of India there may be paid and applied sums not
exceeding those specified in column 3 of the Schedule amounting in the
aggregate to the sum of eighty-five thousand nine hundred
forty-eight
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Wed., the 16th Jan., 2019/26th Pausa, 1940.
[No. 41-3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
EXTRAORDINARY
REGD. NO. JK —33
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[No. 41-3
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1
2
3
4
5
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Rs.
Rs.
Rs.
crore and eighty-six lakh rupees towards defraying the several charges
which will come in course of payment during the financial year 2018-
19 in respect of the services specified in column 2 of the Schedule.
3.
Appropriation. —The sums authorised to be paid and applied
from and out of the Consolidated Fund of India by this Act shall be
appropriated for the services and purposes expressed in the Schedule
in relation to the said year.
———
No. 41-3] The J&K Govt. Gazette, 16th Jan., 2019/26th Pausa, 1940.
3
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1 Department of Agriculture, Cooperation and Farmers’
Welfare ............................................................................
Revenue
3,00,000
...
3,00,000
Capital
1,00,000
...
1,00,000
2 Department of Agricultural Research and Education .....
Revenue
152,73,00,000
...
152,73,00,000
3 Department of Animal Husbandry, Dairying and Fisheries
Capital
1,00,000
...
1,00,000
4 Atomic Energy ...................................................................
Revenue
2,00,000
...
2,00,000
Capital
2,00,000
9,50,00,000
9,52,00,000
5 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy (AYUSH) ............................
Revenue
2,00,000
...
2,00,000
8 Department of Pharmaceuticals ..........................................
Capital
7,00,00,000
...
7,00,00,000
THE SCHEDULE
(See sections 2 and 3)
No. of
Service and purposes
Sums not exceeding
Vote
Voted by
Charged on the
Total
Parliament
Consolidated
Fund
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
4
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[No. 41-3
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
9 Ministry of Civil Aviation .................................................
Revenue
798,34,00,000
...
798,34,00,000
Capital
2298,80,00,000
...
2298,80,00,000
11 Department of Commerce ................................................
Revenue
143,60,00,000
...
143,60,00,000
13 Department of Posts ..........................................................
Revenue
...
2,29,00,000
2,29,00,000
Capital
20,00,00,000
...
20,00,00,000
14 Department of Telecommunications ..................................
Capital
751,00,00,000
...
751,00,00,000
15 Department of Consumer Affairs .....................................
Revenue
1,00,000
...
1,00,000
16 Department of Food and Public Distribution ..................
Revenue
920,10,00,000
...
920,10,00,000
Capital
3,00,000
...
3,00,000
17 Ministry of Corporate Affairs ...........................................
Revenue
30,82,00,000
...
30,82,00,000
Capital
19,00,00,000
...
19,00,00,000
18 Ministry of Culture .............................................................
Revenue
2,00,000
...
2,00,000
Capital
26,33,00,000
...
26,33,00,000
20 Defence Services (Revenue) ..............................................
Revenue
1400,00,00,000
...
1400,00,00,000
23 Ministry of Development of North Eastern Region .....
Revenue
100,36,00,000
...
100,36,00,000
24 Ministry of Drinking Water and Sanitation ....................
Revenue
2,00,000
...
2,00,000
No. 41-3] The J&K Govt. Gazette, 16th Jan., 2019/26th Pausa, 1940.
5
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25 Ministry of Earth Sciences ................................................
Revenue
3,00,000
...
3,00,000
Capital
1,00,000
...
1,00,000
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
27 Ministry of Environment, Forests and Climate Change ..
Revenue
38,75,00,000
...
38,75,00,000
Capital
1,00,000
49,00,000
50,00,000
28 Ministry of External Affairs .............................................
Revenue
1012,00,00,000
...
1012,00,00,000
29 Department of Economic Affairs .....................................
Revenue
2,99,00,000
...
2,99,00,000
Capital
13478,37,00,000
...
13478,37,00,000
30 Department of Expenditure ..............................................
Revenue
1,00,000
...
1,00,000
31 Department of Financial Services ....................................
Revenue
3,00,000
10,00,000
13,00,000
Capital
41000,02,00,000
...
41000,02,00,000
32 Department of Investment and Public Asset Management
(DIPAM) ............................................................................
Revenue
75,00,00,000
...
75,00,00,000
33 Department of Revenue ....................................................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
34 Direct Taxes ........................................................................
Revenue
100,00,00,000
...
100,00,00,000
Capital
2,00,000
...
2,00,000
6
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[No. 41-3
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2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
35 Indirect Taxes .....................................................................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
36 Indian Audit and Accounts Department ...........................
Revenue
175,13,00,000
6,76,00,000
181,89,00,000
41 Ministry of Food Processing Industries ...........................
Revenue
1,00,000
...
1,00,000
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
44 Department of Heavy Industry ........................................
Revenue
1,00,000
...
1,00,000
Capital
150,89,00,000
...
150,89,00,000
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
47 Cabinet .................................................................................
Revenue
1,00,000
...
1,00,000
48 Police ...................................................................................
Revenue
1535,35,00,000
...
1535,35,00,000
Capital
1,00,000
...
1,00,000
52 Daman and Diu ......................................................................
Capital
12,03,00,000
...
12,03,00,000
53 Lakshadweep .......................................................................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
No. 41-3] The J&K Govt. Gazette, 16th Jan., 2019/26th Pausa, 1940.
7
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54 Transfers to Delhi .................................................................
Capital
77,41,00,000
...
77,41,00,000
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
57 Department of School Education and Literacy .............
Revenue
113,78,00,000
...
113,78,00,000
58 Department of Higher Education ....................................
Revenue
4,00,000
...
4,00,000
59 Ministry of Information and Broadcasting .....................
Revenue
1,00,000
...
1,00,000
60 Ministry of Labour and Employment ..............................
Revenue
1038,29,00,000 .
..
1038,29,00,000
61 Law and Justice ...................................................................
Revenue
3,00,000
...
3,00,000
Capital
535,00,00,000
...
535,00,00,000
64 Ministry of Micro, Small and Medium Enterprises ........
Revenue
2,00,000
...
2,00,000
Capital
8,49,00,000
...
8,49,00,000
65 Ministry of Mines ..............................................................
Revenue
95,00,00,000
...
95,00,00,000
66 Ministry of Minority Affairs ............................................
Revenue
2,00,000
...
2,00,000
Capital
8,18,00,000
...
8,18,00,000
67 Ministry of New and Renewable Energy ..........................
Revenue
1,00,000
...
1,00,000
68 Ministry of Panchayati Raj ...............................................
Revenue
2,00,000
...
2,00,000
70 Ministry of Personnel, Public Grievances and Pensions ........... Revenue
12,00,000
...
12,00,000
Capital
25,00,00,000
...
25,00,00,000
8
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2
3
4
5
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Rs.
Rs.
Rs.
CHARGED—Central Vigilance Commission ........................
Revenue
...
1,39,00,000
1,39,00,000
72 Ministry of Petroleum and Natural Gas ...........................
Revenue
2,00,000
...
2,00,000
Capital
250,18,00,000
...
250,18,00,000
73 Ministry of Planning ..........................................................
Revenue
125,96,00,000
...
125,96,00,000
74 Ministry of Power ..............................................................
Revenue
713,73,00,000
...
713,73,00,000
Capital
1,00,000
...
1,00,000
76 Lok Sabha ............................................................................
Revenue
...
12,00,000
12,00,000
78 Secretariat of the Vice-President ......................................
Revenue
90,00,000
...
90,00,000
80 Ministry of Railways ..........................................................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
81 Ministry of Road Transport and Highways .....................
Revenue
1,00,000
...
1,00,000
Capital
8565,39,00,000
...
8565,39,00,000
82 Department of Rural Development .................................
Revenue
6084,13,00,000
...
6084,13,00,000
Capital
1,00,000
...
1,00,000
No. 41-3] The J&K Govt. Gazette, 16th Jan., 2019/26th Pausa, 1940.
9
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
84 Department of Science and Technology .........................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
87 Ministry of Shipping ..........................................................
Revenue
125,01,00,000
...
125,01,00,000
88 Ministry of Skill Development and Entrepreneurship .......
Revenue
1,00,000
...
1,00,000
89 Department of Social Justice and Empowerment ...........
Revenue
2263,27,00,000
...
2263,27,00,000
90 Department of Empowerment of Persons with Disabilities .......Revenue
1,00,000
...
1,00,000
91 Department of Space .........................................................
Revenue
1,00,000
...
1,00,000
Capital
1,00,000
...
1,00,000
92 Ministry of Statistics and Programme Implementation ....
Revenue
69,62,00,000
...
69,62,00,000
93 Ministry of Steel .................................................................
Revenue
105,75,00,000
...
105,75,00,000
94 Ministry of Textiles ...........................................................
Revenue
3,00,000
...
3,00,000
95 Ministry of Tourism ...........................................................
Revenue
2,00,000
...
2,00,000
96 Ministry of Tribal Affairs ..................................................
Revenue
1,70,00,000
...
1,70,00,000
97 Ministry of Water Resources, River Development
and Ganga Rejuvenation ................................................
Revenue
1,00,000
...
1,00,000
10
The J&K Govt. Gazette, 16th Jan., 2019/26th Pausa, 1940.
[No. 41-3
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
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
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
——————————————————————————————————
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.
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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.
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
EXTRAORDINARY
REGD. NO. JK—33
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
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.
THE APPROPRIATION (VOTE ON
ACCOUNT) ACT, 2019
(Act No. 5 of 2019)
[15th February, 2019.]
An Act to provide for the withdrawal of certain sums from and
out of the Consolidated Fund of India for the services of a part of the
financial year 2019-20.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :
—
1.
Short title. —This Act may be called the Appropriation (Vote
on Account) Act, 2019.
2.
Withdrawal of Rs. 3417295,38,00,000 fr
om and out of the
Consolidated Fund of India for the financial year 2019-20.
—From
and out of the Consolidated Fund of India, there may be withdrawn
sums not exceeding those specified in column 3 of the Schedule,
amounting in the aggregate to the sum of thirty-four lakh seventeen
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 131] Jammu, Fri., the 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
EXTRAORDINARY
REGD. NO. JK —33
2
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
thousand two hundred ninty-five crore and thirty-eight lakh rupees
towards defraying the several charges which will come in course of
payment during the financial year 2019-20.
3.
Appropriation. —The sums authorised to be withdrawn from
and out of the Consolidated Fund by this Act shall be appropriated for
the services and purposes expressed in the Schedule in relation to the
said year.
4.
Construction of r eferences to Ministries or Depar
tments in
the Schedule. —Reference to the Ministries or Departments in the
Schedule are to such Ministries or Departments as existing immediately
before the 17th September, 2018 and shall, on or after that date, be
construed as references to the appropriate Ministries or Departments
as constituted from time to time.
———
No. 46-2]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
3
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
1. Department of Agriculture, Cooperation and
Farmers’ Welfare .......................................................................Revenue
43183,50,00,000
...
43183,50,00,000
Capital
11,57,00,000
...
11,57,00,000
2. Department of Agricultural Research and Education.................Revenue
2692,92,00,000
...
2692,92,00,000
Capital
...
...
...
3. Department of Animal Husbandry, Dairying and Fisheries .........Revenue
1155,46,00,000
...
1155,46,00,000
Capital
14,67,00,000
...
14,67,00,000
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
5 Ministry of Ayurveda, Yoga and Naturopathy, Unani,
Siddha and Homoeopathy ........................................................ Revenue
748,52,00,000
...
748,52,00,000
Capital
7,00,000
...
7,00,000
THE SCHEDULE
(See sections 2, 3 and 4)
Number of
Service and purpose
Sums not exceeding
Vote
Voted by
Charged on the
Total
the Parliament
Consolidated
Fund
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
4
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
6 Department of Chemicals and Petrochemicals ..........................Revenue
132,33,00,000
...
132,33,00,000
Capital
...
...
...
7 Department of Fertilisers .............................................
Revenue
35443,40,00,000
...
35443,40,00,000
Capital
2,00,000
...
2,00,000
8 Department of Pharmaceuticals ....................................
Revenue
78,48,00,000
...
78,48,00,000
Capital
2,00,000
...
2,00,000
9 Ministry of Civil Aviation ............................................
Revenue
1585,88,00,000
...
1585,88,00,000
Capital
8,34,00,000
...
8,34,00,000
10 Ministry of Coal ..........................................................
Revenue
274,02,00,000
...
274,02,00,000
Capital
...
...
...
11 Department of Commerce ............................................
Revenue
2409,88,00,000
...
2409,88,00,000
Capital
391,67,00,000
...
391,67,00,000
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
14 Department of Telecommunications ........................
Revenue
10231,21,00,000
...
10231,21,00,000
Capital
3239,91,00,000
...
3239,91,00,000
No. 46-2]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
5
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
15 Department of Consumer Affairs ..............................
Revenue
749,44,00,000
...
749,44,00,000
Capital
27,83,00,000
...
27,83,00,000
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
17 Ministry of Corporate Affairs ....................................
Revenue
175,88,00,000
...
175,88,00,000
Capital
17,00,00,000
...
17,00,00,000
18 Ministry of Culture ......................................................
Revenue
998,52,00,000
...
998,52,00,000
Capital
56,01,00,000
...
56,01,00,000
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
20 Defence Services (Revenue) .......................................
Revenue
82100,02,00,000
33,37,00,000
82133,39,00,000
Capital
...
...
...
21 Capital Outlay on Defence Services ..........................
Revenue
...
...
...
Capital
59366,65,00,000
27,78,00,000
59394,43,00,000
22 Defence Pensions ........................................................
Revenue
37359,04,00,000
82,00,000
37359,86,00,000
Capital
...
...
...
23 Ministry of Development of North Eastern Region ...
Revenue
792,19,00,000
...
792,19,00,000
Capital
244,70,00,000
...
244,70,00,000
24 Ministry of Drinking Water and Sanitation .............
Revenue
8655,57,00,000
...
8655,57,00,000
Capital
...
...
...
6
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
25 Ministry of Earth Sciences .........................................
Revenue
596,02,00,000
...
596,02,00,000
Capital
39,33,00,000
...
39,33,00,000
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
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
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
29 Department of Economic Affairs ..............................
Revenue
1085,49,00,000
...
1085,49,00,000
Capital
5736,71,00,000
...
5736,71,00,000
30 Department of Expenditure .......................................
Revenue
133,52,00,000
...
133,52,00,000
Capital
...
...
...
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
...
...
...
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
No. 46-2]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
7
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
34 Direct Taxes .................................................................
Revenue
2345,48,00,000
...
2345,48,00,000
Capital
100,67,00,000
...
100,67,00,000
35 Indirect Taxes ..............................................................
Revenue
2497,72,00,000
17,00,000
2497,89,00,000
Capital
135,62,00,000
...
135,62,00,000
36 Indian Audit and Accounts Department ....................
Revenue
1835,54,00,000
65,51,00,000
1901,05,00,000
Capital
5,33,00,000
...
5,33,00,000
CHARGED.—Interest Payments .....................................
Revenue
...
225686,97,00,000
225686,97,00,000
Capital
...
...
...
CHARGED.—Repayment of Debt ...................................
Revenue
...
...
...
Capital
...
1994395,70,00,000
1994395,70,00,000
39 Pensions ........................................................................
Revenue
19126,97,00,000
148,03,00,000
19275,00,00,000
Capital
...
...
...
40 Transfers to States ......................................................
Revenue
11937,78,00,000
55019,89,00,000
66957,67,00,000
Capital
...
6607,76,00,000
6607,76,00,000
41 Ministry of Food Processing Industries ...................
Revenue
398,87,00,000
...
398,87,00,000
Capital
...
...
...
42 Department of Health and Family Welfare .............
Revenue
30837,89,00,000
...
30837,89,00,000
Capital
1241,29,00,000
...
1241,29,00,000
8
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
43 Department of Health Research ................................
Revenue
1124,88,00,000
...
1124,88,00,000
Capital
...
...
...
44 Department of Heavy Industry .................................
Revenue
419,94,00,000
...
419,94,00,000
Capital
148,52,00,000
...
148,52,00,000
45 Department of Public Enterprises .............................
Revenue
7,55,00,000
...
7,55,00,000
Capital
...
...
...
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
47 Cabinet ..........................................................................
Revenue
276,28,00,000
...
276,28,00,000
Capital
...
...
...
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
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
51 Dadra and Nagar Haveli ..............................................
Revenue
289,27,00,000
...
289,27,00,000
Capital
105,69,00,000
...
105,69,00,000
No. 46-2]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
9
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
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
54 Transfers to Delhi .......................................................
Revenue
270,67,00,000
...
270,67,00,000
Capital
100,00,00,000
...
100,00,00,000
55 Transfers to Puducherry .............................................
Revenue
515,00,00,000
...
515,00,00,000
Capital
...
...
...
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
57 Department of School Education and Literacy .......
Revenue
32478,59,00,000
...
32478,59,00,000
Capital
...
...
...
58 Department of Higher Education ..............................
Revenue
15642,28,00,000
...
15642,28,00,000
Capital
806,67,00,000
...
806,67,00,000
59 Ministry of Information and Broadcasting ..............
Revenue
1455,22,00,000
...
1455,22,00,000
Capital
4,51,00,000
...
4,51,00,000
60 Ministry of Labour and Employment .......................
Revenue
3467,91,00,000
...
3467,91,00,000
Capital
10,09,00,000
...
10,09,00,000
61 Law and Justice ............................................................
Revenue
1417,81,00,000
...
1417,81,00,000
Capital
45,00,00,000
...
45,00,00,000
10
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
62 Election Commission ..................................................
Revenue
95,32,00,000
...
95,32,00,000
Capital
19,45,00,000
...
19,45,00,000
CHARGED.—Supreme Court of India .....................
Revenue
...
93,15,00,000
93,15,00,000
Capital
...
...
...
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
65 Ministry of Mines .......................................................
Revenue
513,46,00,000
...
513,46,00,000
Capital
35,86,00,000
...
35,86,00,000
66 Ministry of Minority Affairs .....................................
Revenue
1546,66,00,000
...
1546,66,00,000
Capital
20,00,00,000
...
20,00,00,000
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
68 Ministry of Panchayati Raj ........................................
Revenue
290,46,00,000
...
290,46,00,000
Capital
...
...
...
69 Ministry of Parliamentary Affairs ............................
Revenue
6,46,00,000
...
6,46,00,000
Capital
...
...
...
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
No. 46-2]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
11
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
CHARGED.—Central Vigilance Commission ................
Revenue
...
11,85,00,000
11,85,00,000
Capital
...
...
...
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
73 Ministry of Planning ...................................................
Revenue
203,94,00,000
...
203,94,00,000
Capital
23,00,000
...
23,00,000
74 Ministry of Power .......................................................
Revenue
7564,39,00,000
...
7564,39,00,000
Capital
1429,06,00,000
...
1429,06,00,000
CHARGED.—Staff, Household and Allowances of
the President ............................................................
Revenue
...
21,26,00,000
21,26,00,000
Capital
...
...
...
76 Lok Sabha .....................................................................
Revenue
320,61,00,000
43,00,000
321,04,00,000
Capital
...
...
...
77 Rajya Sabha ..................................................................
Revenue
133,17,00,000
51,00,000
133,68,00,000
Capital
...
...
...
78 Secretariat of the Vice-President ...............................
Revenue
2,33,00,000
...
2,33,00,000
Capital
...
...
...
CHARGED.—Union Public Service Commission .........
Revenue
...
99,48,00,000
99,48,00,000
Capital
...
...
...
12
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
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
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
82 Department of Rural Development ..........................
Revenue
77256,78,00,000
...
77256,78,00,000
Capital
33,33,00,000
...
33,33,00,000
83 Department of Land Resources .................................
Revenue
742,41,00,000
...
742,41,00,000
Capital
...
...
...
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
85 Department of Biotechnology ..................................
Revenue
860,11,00,000
...
860,11,00,000
Capital
...
...
...
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
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
No. 46-2]
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
13
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
89 Department of Social Justice and Empowerment ....
Revenue
2508,33,00,000
...
2508,33,00,000
Capital
91,67,00,000
...
91,67,00,000
90 Department of Empowerment of Persons with Disabilities ....
Revenue
367,90,00,000
...
367,90,00,000
Capital
13,74,00,000
...
13,74,00,000
91 Department of Space ..................................................
Revenue
2189,97,00,000
20,00,000
2190,17,00,000
Capital
2235,28,00,000
13,00,000
2235,41,00,000
92 Ministry of Statistics and Programme Implementation
Revenue
1870,54,00,000
...
1870,54,00,000
Capital
4,91,00,000
...
4,91,00,000
93 Ministry of Steel ..........................................................
Revenue
80,43,00,000
...
80,43,00,000
Capital
...
...
...
94 Ministry of Textiles ....................................................
Revenue
2851,74,00,000
...
2851,74,00,000
Capital
10,30,00,000
...
10,30,00,000
95 Ministry of Tourism ....................................................
Revenue
729,74,00,000
...
729,74,00,000
Capital
...
...
...
96 Ministry of Tribal Affairs ...........................................
Revenue
371,88,00,000
1777,13,00,000
2149,01,00,000
Capital
26,67,00,000
...
26,67,00,000
97 Ministry of Water Resources, River Development
and Ganga Rejuvenation .........................................
Revenue
2559,41,00,000
17,00,000
2559,58,00,000
Capital
140,63,00,000
...
140,63,00,000
14
The J&K Govt. Gazette, 15th Feb., 2019/26th Magha, 1940.
[No. 46-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––————————————
Rs.
Rs.
Rs.
98 Ministry of Women and Child Development ..........
Revenue
9883,30,00,000
...
9883,30,00,000
Capital
...
...
...
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
—————————————————————————————————
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.
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.
———–
2
–––––––––––––––––––––––––––––––––––––––––––––—–––––————
The J&K Govt. Gazette, 24th April, 2020/4th Vai., 1942.
[No. 4-1
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.