REGD NO. JK––33
THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages | Vernacu- lar pages | ||
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 508-530 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 543-586 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 85-86 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 .... 329-330 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 .... 111-112 | 221-224 |
Printed at the Ranbir Government Press, Jammu.
508 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 199 Dated 19-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Nikher Jandyal S/o Anil Kumar Gupta R/o W. No. 8, H.
No. 140, Dhar Road, Udhampur vide Notification No. 1363 dated
03-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 200 Dated 19-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Sanveer Singh S/o Nath Ram R/o Thana Dessa, P/O Gai Dessa,
Tehsil Bhagwah, District Doda vide Notification No. 1343 dated
02-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 509 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 201 Dated 19-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Pavit Singh Bali S/o Rashpal Singh Bali R/o Kawallion,
Dhamnsta, Kawalian, Banihal, Ramban vide Notification No. 1306 dated
02-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 202 Dated 12-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Vijay Singh S/o Bikram Singh R/o Chappran, Tehsil Ukhral,
District Ramban vide Notification No. 1770 dated 13-03-2018 for a
period of one year has been extended till 31-12-2021 subject to the
verification of his Certificates/LL.B Degree from the concerned
University and verification of his character and antecedents from the
CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
510 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 203 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Jyotika Thakur D/o Balbir Singh R/o Village Muthlal (Alinibass), Tehsil Ukhral, District Ramban A/P H. No. 62, Sector 4, Pamposh Colony, Janipur, Jammu vide Notification No. 1326 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 204 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Susheel Sharma S/o Brij Lal R/o Baradian, P/O Kharodian, Tehsil
and District Udhampur vide Notification No. 1314 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degrees from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 205 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Pardeep Kumar S/o Parkash Chand R/o Badhole, P/O Badhole, No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 511 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Ratti Mitti, Tehsil Ram Nagar, District Udhampur AP Baryal P/O Kashirah, Udhampur vide Notification No. 1356 dated 03-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 206 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Karan Nagpal S/o Kamal Nagpal R/o H. No. 128, Sector 4, Extn. Near Gardan Estate, Trikuta Nagar, Jammu A/P C/o Sh. Ramesh Chander Salotra JMC 15, Gurah Bakshi Nagar, Jammu vide Notification
No. 1271 dated 02-01-2019 for a period of one year has been extended
till 31-12-2021 subject to the verification of his Certificates/LL.B Degree
from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 207 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Furkan Ul Haq War S/o Abdul Rashid War R/o Kultura,
War Mohalla Langate, Kupwara vide Notification No. 1267 dated
01-01-2019 for a period of one year has been extended till 31-12-2021 512 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 208 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Mr. Nikhal Kotwal S/o Mohan Lal R/o Village Gojoth, Tehsil Bhalla,
District Doda A/P H. No. 233, Toph Sher Khania, Mehra Mohalla,
Jammu vide Notification No. 1364 dated 03-01-2019 for a period of one
year has been extended till 31-12-2021 subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 209 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Sanjay Kumar S/o Ram Lal R/o Jijote, (Glowth), Tehsil
and District Doda vide Notification No. 1294 dated 02-01-2019 for a
period of one year has been extended till 31-12-2021 subject to the
verification of his Certificates/LL.B Degree from the concerned
University and verification of his character and antecedents from
the CID.
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 513 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 210 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Maqsood Ahmed S/o Hakim Din R/o Village Draba, Tehsil Surankote, District Poonch A/P Nowabad Sunjwan Road, Near India Cake House, Jammu vide Notification No. 1337 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 211 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Ms. Mishi Khanam D/o Ibrahim R/o Ward No. 2, Nagri Road, Kathua
vide Notification No. 1376 dated 04-01-2019 for a period of one year
has been extended till 31-12-2021 subject to the verification of her
Certificates/LL.B Degree from the concerned University and verification
of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
514 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 212 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Rishabh Dev Slathia S/o Kameshwar Singh R/o Gurha
Salathia, Panchayat Gurha Salathia, Tehsil Vijaypur, District Samba vide
Notification No. 1349 dated 03-01-2019 for a period of one year has
been extended till 31-12-2021 subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 213 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour
of Ms. Swati Choudhary D/o Inder Singh R/o Amar Villa, Behind BSNL
Exchange, Upper Gadi Garh, Jammu vide Notification No. 1280 dated
02-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of her Certificates/LL.B Degree from the
concerned University and verification of her character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 214 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Sanjeev Kumar S/o Durga Dass R/o Godher Khalsa, No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 515 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
P/O Bhambla, Tehsil and District Reasi vide Notification No. 1377 dated
04-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 215 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Mubashir Vikar Rather S/o Vikar Ahmad Rather R/o Gundi
Mancher, Lolab, Bismillah Colony, Kupwara vide Notification No. 1313
dated 02-01-2019 for a period of one year has been extended till
31-12-2021 subject to the verification of his Certificates/LL.B Degree
from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 216 Dated 20-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Harpreet Kaur D/o Ranjeet Singh R/o Rakh Lachipur, Tehsil and District Kathua vide Notification No. 28 dated 16-05-2019
for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
516 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 217 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Harsh Sharma S/o Tirath Ram R/o W. No. 5, Near Co- operative Bank, Batote, Ramban A/P Chari Swail Near Railway Station,
Udhampur vide Notification No. 1333 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 218 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Ruby D/o Jangi Mehra R/o Sua No. 1, Jagial (Gharkhal),
Akhnoor, District Jammu vide Notification No. 1303 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 517 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 219 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Najum Ul Huda S/o Mohammad Jaffer Akhoon R/o Sangrah, Tehsil Sankoo, District Kargil (Ladakh) vide Notification No. 1379 dated 04-01-2019 for a period of one year has been extended
till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 220 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Musharraf Farooq S/o Mohammad Farooq R/o H. No. F-47, Ustad Mohalla, Jammu vide Notification No. 1336 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 after condonation of delay and subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 221 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Niaz Ahmed Wani S/o Ghulam Hussain Wani R/o Village 518 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Koti, Tehsil and District Doda vide Notification No. 1370 dated
03-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 222 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Sarfraz Ahmed S/o Allaha Ditta R/o Village Chhajla, Tehsil
Mankote, Mendhar, Poonch vide Notification No. 1283 dated
02-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 223 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Indu Devi Sharma D/o Jia Lal Sharma R/o Ugad, District
Doda A/P 215G, Ram Vihar, Old Janipur, Jammu vide Notification
No. 1330 dated 02-01-2019 for a period of one year has been extended
till 31-12-2021 subject to the verification of her Certificates/LL.B Degree
from the concerned University and verification of her character and
antecedents from the CID.
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 519 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 224 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Shubika Sharma D/o Vinay Sharma R/o H. No. 11, East Ext. Sector-1A, Trikuta Nagar, Jammu vide Notification No. 1344 dated 02-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 225 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Dharmvir Khajuria S/o Mukand Lal Khajuria R/o Lower Gadi Garh, Jammu vide Notification No. 1261 dated 01-01-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
520 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 227 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Shashank Vasisatha S/o Braham Dutt Sharma R/o 280/7, Sector-7, Channi Himmat, Jammu vide Notification No. 1661 dated 29-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 228 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Shaphali Bhagat D/o Romesh Kumar R/o Rangbir Sadrey, Dher Suchhetgarh, R. S. Pura, Jammu vide Notification No. 1739 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 229 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Tania Sharma D/o Satish Sharma R/o Basti Prem Nagar, No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 521 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Badyal Brahmana, Tehsil R. S. Pura, District Jammu vide Notification
No. 1691 dated 30-03-2019 for a period of one year has been extended
till 31-12-2021 subject to the verification of her Certificates/LL.B Degree
from the concerned University and verification of her character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 230 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Rajni Gupta D/o Suresh Gupta R/o Plot No. 2, Rehari
Colony, Jammu vide Notification No. 14 dated 22-04-2019 for a period
of one year has been extended till 31-12-2021 subject to the verification
of her Certificates/LL.B Degree from the concerned University and
verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 231 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Yassir Hussain Shah S/o Raiz Hussain Shah R/o Hari
Mohalla, Sanai, Surankote, Poonch vide Notification No. 1700 dated
30-03-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
522 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 232 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Sapanpreet Kour D/o Manjeet Singh R/o Ward No. 10, H. No. 166, Near BDO Office, R. S. Pura, Jammu vide Notification No. 1746 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 233 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Zahid Miyan S/o Mohd Amin Wani R/o Wani Mohalla, Diver Tral, District Pulwama vide Notification No. 1663 dated 29-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 523 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 234 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Shabir Ahmad S/o Habib Ulla R/o Village Nambla, Ward No. 7, Tehsil Uri, District Baramulla vide Notification No. 1651 dated 28-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 235 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Preetika Thakur D/o Surjeet Singh Bali R/o Village Alinbass Pogal Paristan Ukhral, Ramban A/P H. No. 63, Sector-4, Pamposh Colony, Jammu vide Notification No. 1674 dated 29-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 236 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Sneha Slathia D/o Sahdev Singh Slathia R/o Mandi Garh, 524 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Gurah Slathia Rakh Barothian, Tehsil and District Samba A/P H. No. 723, Behind Shiva Public High School Main Road, Digiana Near Digiana Pulli, Jammu vide Notification No. 1720 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 237 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Rigzin Dolker D/o Tsering Punchok R/o Charasa Nubra, Leh Ladakh A/P H. No. 191, Patel Nagar, Talab Tillo, Jammu vide Notification No. 1711 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 238 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Sonali Parihar D/o Narinder Singh Parihar R/o W. No. 60, Near Tiny Tots School Dokh Paloura, Jammu vide Notification No. 1659 dated 29-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 525 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 239 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Rajinder Singh S/o Ghansham Singh R/o Kundhal, Near Jawala Temple, Village Phagmulla, Pogal Paristan Ukheral, Ramban A/P Excise Quarter No. 2, Behind Excise and Texation Training Institute, Nagrota, Jammu vide Notification No. 1760 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 240 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Diksha Bharti D/o Sanjay Dogra R/o Ward No. 9, Mahader, Reasi vide Notification No. 1730 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
526 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 241 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Varun Sharma S/o Surinder Kumar R/o H. No. 3, Near Govt. Quarters, Main Stop Janipur, Jammu vide Notification No. 1697
dated 30-03-2019 for a period of one year has been extended till
31-12-2021 subject to the verification of his Certificates/LL.B Degree
from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 242 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Preeti Charak D/o Dharam Singh R/o H. No. 501, Lane
No. 11, Sector-1, Dogra Nagar Muthi, Jammu vide Notification No. 1753
dated 30-03-2019 for a period of one year has been extended till
31-12-2021 subject to the verification of her Certificates/LL.B Degree
from the concerned University and verification of her character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 243 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Sunil Sharma S/o Roop Lal Sharma R/o H. No. 188-B, No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 527 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Resham Ghar Colony, Jammu vide Notification No. 1749 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 244 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Aaqib Mushtaq S/o Mushtaq Ahmad Bhat R/o Hawanand Chawalgam, Near Bye-Pass Road Chawalgam, Kulgam vide Notification No. 764 dated 19-09-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degrees from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 245 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Moseena Mushtaq D/o Mushtaq Ahmat Bhat R/o Nownagri, Pulwama vide Notification No. 50 dated 13-06-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from
the CID.
528 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 246 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Dheeraj Sharma S/o Yash Pal Sharma R/o Hira Chak
P/O Halqa Near Mandir, Tehsil Marh, District Jammu A/P R. K. Vihar
Udheywalla, Lane No. 1, Jammu vide Notification No. 1263 dated
01-01-2019 for a period of one year has been extended till 31-12-2021
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 247 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Syed Taha Mohd Aijaz S/o Aijaz Ahmad R/o Railway
Colony, Nowgam By-Pass Nowgam, Srinagar A/P Noorani Colony,
Frestabal Pampore, Lane D, Near Noorani Mosue, Pampore, Pulwama
vide Notification No. 182 dated 18-06-2019 for a period of one year
has been extended till 31-12-2021 subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
No. 46] The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. 529 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 248 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Abhinandan Salgotra S/o Ravi Kumar R/o Ward No. 8, Hiranagar, Kathua vide Notification No. 1626 dated 28-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 249 Dated 21-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Jahangir Hassan S/o Gulam Hassan Bhat R/o Bemina Housing Colony, Receving Power Station Lane (Near Qadir Meat Shop), Srinagar A/P Umarabad H. M. T. Behind (T. K) Tahira Khanum College, Srinagar vide Notification No. 90 dated 17-06-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 307 Dated 26-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Ms. Saba Atiq D/o Atiq-ul-Rehman R/o Khawaja House, Ward 530 The J&K Official Gazette, the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
No. 8, Basoli, Kathua A/P Lane No. 8, Usman Colony Bathindi, Jammu vide Notification No. 1712 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification
of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 308 Dated 26-11-2020.
Provisional admission granted under Advocates Act, 1961 in favour of Mr. Shafeeq Ahmed S/o Mohd Bashir R/o Fazalabad, Surankote, Poonch A/P Qrt. No. 309, Block U4, Police Line Gulshan Ground, Jammu vide Notification No. 1744 dated 30-03-2019 for a period of one year has been extended till 31-12-2021 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
(Sd.) MOHAMMAD YASIN BEIGH,
Registrar (Adm.) THE JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—DEPARTMENT OF MINING.
Subject :—Extension in time period for completing formalities by successful
bidders of e-auction in whose cases, the LOIs have been issued.
Reference :—Administrative Council Decision No. 1/1/2021 dated
01-01-2021
–––––––
Government Order No. 01-MNG of 2021
Dated 08-01-2021.
Sanction is hereby accorded to the extension in time period for completing
the requisite formalities up to 28-02-2021 or six months from the date
of issuance of Letter of Intent, whichever is later in favour of the successful 544 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
bidders of e-auction in whose case the Letter of Intent has been issued, in
relaxation of Rule 55(9) of the Jammu and Kashmir Minor Mineral Concession,
Storage, Transportation of Minerals and Prevention of Illegal Mining Rules,
2016.
By order of the Government of lammu and Kashmir.
(Sd.) MANOJ K. DWIVEDI, IAS,
Commissioner/Secretary to the Government.
––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 128-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to
this notification is required for construction of link road PMGSY from Pogal
to Gohalla under PWD situated in Village Pogal, Tehsil Pogal Paristan, District
Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer, PWD
(R&B) Division Ramban, a notification under section 4 (1) was issued by the
Collector, Land Acquisition (SDM), Ramsoo vide letter No. SDMR/Acq/PWD/
18/10-21 dated 30-07-2018, for land measuring 10 Kanals 18 Marlas situated
at Village Pogal, Tehsil Pogal Paristan, District Ramban for construction of
road from Pogal to Gohalla under PWD ;
Whereas, the Collector, Land Acquisition (SDM), Ramsoo vide letter
No. ADMR/Acq/PWD/19-20/89 dated 09-10-2019, 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 (SDM),
Ramsoo, vide letter referred to above duly endorsed by District Collector No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 545 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (DC), Ramban vide letter No. DC/LA/Rbn/481-82 dated 05-11-2019 duly
endorsed by Divisional Commissioner, Jammu vide No. 502/4029/Pogal/Pogal
Paristan/Ramban/19/4087 dated 24-12-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5114/2020 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 road
from Pogal to Gohalla under PWD.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 10 Kanals
18 Marlas situated at Village Pogal, Tehsil Pogal Paristan, District Ramban
for construction of road from Pogal to Gohalla under PWD. Further, the
Collector, Land Acquisition (ACR), Ramban is directed under section 7 of the
said Act to take orders for acquisition of the said land after giving prescribed
notice to the interested person (s) as required under the Land Acquisition Act/
Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in force,
while making the award.
–––––
Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Ramban Pogal Paristan Pogal 47 min 00-05
Ukhral
47 min 00-04
49 min 00-18
49 min 00-04 546 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
49 min 00-03
50/1 00-06
51 min 00-13
51 min 00-06
72 02-10
217 min 00-16
226 min 00-06
226 min 01-03
227 min 00-02
227 min 00-10
227 min 01-05
227 min 00-01
229 min 00-03
229 min 00-09
229 min 00-14
–––––––
Total 10-18
–––––––
______
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 133-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas the land, specifications whereof are given below is required for public purposes viz. for construction of approach road to Govt. Polytechnic College, Chanderkote situated in Village Chanderkote, Tehsil and District Ramban ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 547 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Particulars of the land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Ramban Chanderkote 106 min 00-16
111 min 00-18
–––––
Total 01-14
–––––
Whereas, on the basis of an indent placed by Director, Technical Education, Jammu, a notification under section 4 (1) was issued by the Collector, Land Acquisition (ACR), Ramban vide letter No. Acq/Gen/
639-47 dated 04-10-2012, for land measuring 01 Kanal 14 Marlas situated in Village Chanderkote, Tehsil and District Ramban for construction of approach road to Govt. Polytechnic College, Chanderkote ;
Whereas, the Collector, Land Acquisition (ACR), Ramban, vide letter No. Acq/Gen/19/777-79 dated 16-10-2019, has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the proposed acquisition, but, no objection was received from the land owners/ interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Ramban vide letter referred to above duly endorsed by District Collector (DC), Ramban vide letter No. DC/LA/Rbn/483-84 dated 05-11-2019 duly endorsed by the Divisional Commissioner, Jammu vide No. 502/4026/ Chanderkote/Ramban/20/4145 dated 03-01-2020 and duly endorsed by the Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5118/ 2020 dated 06-03-2020 has been examined and it has been found that the
land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of approach road to Govt. Polytechnic College, Chanderkote.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring
01 Kanal 14 Marlas situated in Village Chanderkote, Tehsil and District 548 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Ramban for construction of Approach road to Govt. Polytechnic College, Chanderkote. Further, the Collector, Land Acquisition (ACR), Ramban is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
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 Chanderkote, Tehsil and District Ramban, required for public purposes, subject to fulfillment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concernedshall be personally responsible for identification and proper title verification of all types of lands involved in the case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to the Government, Revenue Department.
–––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 134-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas the land, specifications whereof are given below is required for public purposes viz. for construction of Sub-Centre at Chabba situated in Village Demote, Tehsil and District Ramban ;
Particulars of the land
District Tehsil Village Kh. Nos Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Ramban Rajgarh Demote 1017 01-10
Whereas, on the basis of an indent placed by Chief Medical Officer, Ramban, a notification under section 4 (1) was issued by the Collector, Land
Acquisition (ACR), Ramban vide letter No. Acq/Gen/15/467-73 dated No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 549 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 26-03-2015 read with corrigendum vide No. Acq/Gen/16/746-56 dated
28-09-2016, for land measuring 01 Kanal 10 Marlas situated in Village Demote,
Tehsil and District Ramban for construction of Sub-Centre at Chabba ;
Whereas, the Collector, Land Acquisition (ACR), Ramban, vide letter
No. Acq/Gen/19/848-50 dated 19-10-2019, has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him was
served upon the interested persons for filing objections, if any, to the proposed
acquisition, but, no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Ramban, vide letter referred to above duly endorsed by District Collector
(DC), Ramban vide letter No. DC/LA/Rbn/420-21 dated 24-10-2019 duly
endorsed by the Divisional Commissioner vide No. 502/4023/Demote/Ramban/
20/4141 dated 03-01-2020 and duly endorsed by the Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5120/2020 dated 06-03-2020
has been examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Sub-
Centre at Chabba.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 01 Kanal
10 Marlas situated in Village Demote, Tehsil and District Ramban for
construction of Sub-Centre at Chabba. Further, the Collector, Land Acquisition
(ACR), Ramban is directed under section 7 of the said Act to take orders for
acquisition of the said land after giving prescribed notice to the interested
person (s) as required under the Land Acquisition Act/Rules.
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 Demote, Tehsil and District 550 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Ramban, required for public purposes, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition Act
and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of 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 the Government,
Revenue Department.
______
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 135-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to
this notification is required for construction of road from Pathanatir to Upper
Salwah by PMGSY in Village Salwah, Tehsil Mendhar, District Poonch ;
Whereas, on the basis of an Indent placed by the Executive Engineer,
PMGSY Division, JKRRDA, a notification under section 4 (1) was issued by
the Collector, Land Acquisition (SDM), Mendhar vide letter No. SDM/LA/
PMGSY/367-74 dated 01-10-2019, for land measuring 43 Kanals and
08 Marlas, situated at Village Salwah, Tehsil Mendhar, District Poonch ;
Whereas, the District Collector, Land Acquisition (DC), Poonch, vide
letter No. DCP/LA/1654 dated 21-10-2019, has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by the
SDM, Mendhar was served upon the interested persons for filing objections,
if any, to the proposed acquisition, but, no objection was received from the No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 551 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– land owners/interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by District Collector (DC), Poonch vide
letter referred to above duly endorsed by the Divisional Commissioner, Jammu
vide No. 502/3804/PMGSY/Salwah/Poonch/19/2599 dated 29-10-2019 and
Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5137/
2020 dated 06-03-2020 has been examined and it has been found that the land
owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Pathanatir to Upper Salwah by PMGSY in Tehsil Mendhar, District
Poonch.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 43 Kanals
and 08 Marlas, situated at Village Salwah, Tehsil Mendhar, District Poonch
for construction of road from Pathanatir to Upper Salwah. Further, the Collector,
Land Acquisition (SDM), Mendhar is directed under section 7 of the said Act
to take orders for acquisition of the said land after giving pescribed 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 the Government,
Revenue Department.
______
552 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Poonch Mendhar Salwah 564 01-10
565 01-03
578 02-01
580 01-05
583 03-00
587 00-16
588 01-04
590 00-02
592 00-06
606 00-11
607 00-05
612 02-04
613 01-15
616 00-07
617 00-12
618 02-08
619 00-06
624 00-19
625 00-14
632 00-04
634 00-19
635 01-08
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 553
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
———————————————————————————————
K. M.
636 01-06
645 00-10
646 00-03
647 00-04
652 00-13
661 00-11
663 01-10
664 00-10
670 00-03
688 00-06
689 00-10
690 00-16
692 01-04
704 01-05
715 01-00
718 00-16
719 00-04
724 01-08
725 01-08
579 01-01
599 01-12
601 00-09
651 00-06
669 01-06
691 00-05
705 00-03
––––––
G. Total 43-08
––––––
______
554 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 136-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given below is required for construction of Khul by Irrigation and Flood Control Department in Village Chowkian, Tehsil Darhal, District Rajouri ;
Particulars of the land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Rajouri Darhal Chowkian 2073 00-10
2074 00-03
–––––
Total 00-13
–––––
Whereas, on the basis of an Indent placed by the Chief Engineer, I&FC Department, Jammu, a notification under section 4 (1) was issued by the Collector, Land Acquisition (ACR), Rajouri vide letter No. AC/LA/ 549-51 dated 24-09-2019 for land measuring 13 Marlas, situated in Village Chowkian, Tehsil Darhal, District Rajouri ;
Whereas, the District Collector, Land Acquisition (DC), Rajouri vide letter No. AC/LA/642-43 dated 11-10-2019, has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act by the Collector, Land Acquisition (ACR), Rajouri was served upon the interested persons for filing objections, if any, to the proposed acquisition, but, no objection was received from the land owners/interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by District Collector, Land Acquisition (DC), Rajouri vide letter referred to above duly endorsed by the Divisional Commissioner, Jammu vide No. 502/3809/Acq/Chowkian/Raj/19/2637 dated 29-10-2019 and endorsed by the Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5112/2020 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 ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 555 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of Khul by Irrigation and Flood Control Department in Village Chowkian, Tehsil Darhal, District Rajouri.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 13 Marlas, situated in Village Chowkian, Tehsil Darhal, District Rajouri, for construction of Khul by Irrigation and Flood Control Department in Village Chowkian, Tehsil Darhal, District Rajouri. Further, the Collector, Land Acquisition (ACR), Rajouri is directed under section 7 of the said Act to take orders for acquisition of the said land after giving pescribed 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 the Government, Revenue Department.
______
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 138-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of road from Jalian to Chela Dhangri by PMGSY in Village Azamabad, Tehsil Mandi, District Poonch ;
Whereas, on the basis of an indent placed by the Executive Engineer, PMGSY, Division Poonch, a notification under section 4 (1) was issued by the Collector, Land Acquisition (ACR), Poonch vide letter No. DCP/LA/l040-48 dated 25-09-2019, for land measuring 45 Kanals, 17 Marlas situated at Village
Azamabad, Tehsil Mandi and District Poonch for construction of road from
Jalian to Chela Dhangri by PMGSY ;
556 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, the District Collector, Land Acquisition (DC), Poonch vide
letter No. DCP/LA/1223 dated 14-10-2019, has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by ACR,
Poonch was served upon the interested persons for filing objections, if any, to
the proposed acquisition, but, no objection was received from the Land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by District Collector, Land Acquisition
(DC), Poonch vide letter referred to above duly endorsed by the Divisional
Commissioner, Jammu vide No. 502/3780/PMGSY/Poonch/19/2598 dated
29-10-2019 and endorsed by the Financial Commissioner, Revenue, J&K
Jammu vide No. FC-LS/LA-5137/2020 dated 06-03-2020 has been examined
and it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Jalian to Chela Dhangri by 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 45 Kanals,
17 Marlas situated at Village Azamabad, Tehsil Mandi and District Poonch
for construction of road from Jalian to Chela Dhangri by PMGSY. Further,
the Collector, Land Acquisition (ACR), Poonch is directed under section 7 of
the said Act to take orders for acquisition of the said land after giving pescribed
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 the Government,
Revenue Department.
______
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 557 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Poonch Mandi Azamabad 1054 00-17
1170 00-01
1057 00-01
1055 01-13
1165 01-00
1166 00-05
1171 00-09
1227 00-13
1239 01-02
1214 00-09
1215 01-08
1213 00-09
1212 01-02
1212 00-06
1207 00-06
1209 00-17
1208 00-13
1208 00-12
1191 00-05
1202 02-02
1202 00-08
1206 00-04
1201 00-01
1205 00-08 558 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
1217 02-06
1217 00-19
1216 00-05
1216 02-12
1225 00-04
1218 00-15
1219 01-05
1197/1 01-13
1204 04-05
1220 02-17
1221 03-14
1223 01-08
1224 02-01
1241 01-03
1248 00-01
1250 00-06
1247 01-10
1222 01-03
1242 00-03
1244 00-11
1245 01-03
1246 00-02
–––––
Total 45-17
–––––
––––––––
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 559 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 140-Rev (LAJ) of 2020
Dated 10-06-2020.
Whereas, the land, specifications whereof are given below is required
for construction of road from Kotedhara to Peeri (Tarkassi to Peeri) by PWD
in Village Gakhrote, Tehsil Kotranka, District Rajouri ;
Particulars of the land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Rajouri Kotranka Gakhrote 242 min 00-05-00
243 00-03-00
240 02-16-05
244 01-16-00
241 00-05-03
––––––––
Total 05-05-08
––––––––
Whereas, on the basis of an Indent placed by the Chief Engineer,
PW (R&B) Department, Jammu, a notification under section 4 (1) was
issued by the Collector, Land Acquisition (ADC), Kotranka vide letter No.
ADC/Ktr/529-32 dated 27-10-2019, for land measuring 05 Kanals,
05 Marlas and 08 Sarsai, situated in Village Gakhrote, Tehsil Kotranka,
District Rajouri ;
Whereas, the Collector, Land Acquisition (ADC), Kotranka vide letter
No. ADC/Ktr/704-05 dated 07-01-2020, 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),
Kotranka vide letter referred to above duly endorsed by the District Collector 560 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (DC), Rajourl vide No. AC/LA/847-48 dated 27-01-2020 duly endorsed by
the Divisional Commissioner, Jammu vide No. 502/4108/PWD/Gakhrote/ Raj/20/4388 dated 13-02-2020 and endorsed by the Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5l11/2020 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 road
from Kotedhara to Peeri (Tarkassi to Peeri) by PWD, in Village Gakhrote, Tehsil Kotranka, District Rajouri.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring
05 Kanals, 05 Marlas and 08 Sarsai, situated in Village Gakhrote, Tehsil
Kotranka, District Rajouri, for construction of road from Kotedhara to Peeri (Tarkassi to Peeri), by PWD in Village Gakhrote, Tehsil Kotranka, District
Rajouri. Further, the Collector, Land Acquisition (ADC), Kotranka, Rajouri directed under section 7 of the said Act to take orders for acquisition of the
said land after giving pescribed 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.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 200-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for construction of Khul by Irrigation Department situated in Village Malhut, Tehsil Darhal, District Rajouri ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 561 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Particulars of the land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S. Rajouri Darhal Malhut 45 00-01-00 42 00-10-00 44 00-05-02 ––––––––
Total 00-16-02
––––––––
Whereas, on the basis of an indent placed by Chief Engineer, I&FC
Department, a notification under section 4 (1) was issued by the Collector,
Land Acquisition (ACR), Rajouri vide letter No. AC/LA/560-63
dated 24-09-2019, for land measuring 16 Marlas, 02 Sarsai situated at Malhut,
Tehsil Darhal, District Rajouri for construction of Khul by Irrigation
Department ;
Whereas, the District Collector, Land Acquisition (DC), Rajouri vide
letter No. AC/LA/640-41 dated 11-10-2019, has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to
the proposed acquisition, but, no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by District Collector, Land Acquisition
(DC), Rajouri vide letter referred to above duly endorsed by Divisional
Commissioner, Jammu vide No. 502/3814/R/Malhut/Raj/19/2643 dated
29-10-2019 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 Khul
by Irrigation Department.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
16 Marlas, 02 Sarsai situated at Malhut, Tehsil Darhal, District Rajouri for
construction of Khul by Irrigation Department. Further, the Collector, Land
Acquisition (ACR), Rajouri is directed under section 7 of the said Act to 562 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
take orders for acquisition of the said land after giving pescribed 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.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 193-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of road from L034-Dhaman to Gali under PMGSY, situated in Village Sadrota, Tehsil Lohai Malhar, 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/Blr/2018-19/285-93 dated 21-04-2018, for land measuring 23 Kanals 10 Marlas situated in Village Sadrota, Tehsil Lohai Malhar, District Kathua for construction of road from L034-Dhaman to Gali, JK07138 under PMGSY ;
Whereas, the Collector, Land Acquisition (ADC), Billawar, vide letter No. ADC/Blr/2018-19/3055 dated 22-03-2019 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, No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 563 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Land Acquisition (DC), Kathua vide No. DCK/LA/2019-20/1090-93 dated 23-09-2019 duly endorsed by Divisional Commissioner, Jammu vide No. 502/3733/Acq/PMGSY/Sadrota/Kathua/19/2667 dated 30-10-2019 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 from L034-Dhaman to Gali 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 23 Kanals 10 Marlas situated in Village Sadrota, Tehsil Lohai Malhar, District Kathua for construction of road from L034-Dhaman to Gali, under PMGSY. Further, the Collector, Land Acquisition (ADC), Billawar is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of lands involved in the case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to the Government, Revenue Department.
–––––
Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M. Kathua Lohai-Malhar Sadrota 1029/978/855 min 00-19
1027/978/855 min 06-05 564 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
886/867/855 min 00-05
886/867/855 min 00-05
1033/998/961/826 min 10-13
1034/998/826 min 00-09
1008/998/826 min 01-02
1008/998/826 min 00-11
1008/998/826 min 00-11
1008/998/826 min 00-05
I032/1001/581 min 00-10
1022/1000/581 min 01-11
1022/1000/581 min 00-04
––––––
Total 23-10
––––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 194-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of road from Dramni to
Sanachora Phase-V under PMGSY situated in Village Komla, Tehsil Ramkot,
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/Blr/2018-2019/
2433-41 dated 18-01-2019, for land measuring 50 Kanals situated at Village
Komla, Tehsil Ramkot, District Kathua for construction of road from Dramni
to Sanachora Phase-V under PMGSY ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 565 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Collector, Land Acquisition (ADC), Billawar vide letter
No. ADC/Blr/2018-19/3058 dated 22-03-2019 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), Kathua vide No. DCK/LA/2019-20/1344-47 dated
24-10-2019 duly endorsed by Divisional Commissioner, Jammu vide
No. 502/3915/Acq/PMGSY/Komla/Kathua/19/2672 dated 23-10-2019 and
Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5145/
2020 dated l0-03-2020 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
from Dramni to Sanachora Phase-V 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 50 Kanals situated at Village Komla, Tehsil Ramkot, District Kathua for construction of road from Dramni to Sanachora Phase-V under PMGSY. Further, the Collector, Land Acquistion (ADC), Billawar is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of lands involved in the case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
––––– 566 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Kathua Ramkote Komla 955 min 31-09
956 min 07-02
317 min 00-14
316 min 05-01
330 min 00-05
313 min 00-04
312 min 00-03
311 min 00-01
310 min 01-09
309 min 00-19
308 min 00-01
305 min 00-09
318 min 02-03
––––––
Total 50-00
––––––
———
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 184-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for construction of road from Puneja to
Bhallara under PWD (R&B) situated in Village Chagnoo, Tehsil Chiralla,
District Doda ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 567 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Particulars of the land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda Chirala Chagnoo 225 01-08
227 01-17
228 min 00-10
00-08
228 00-11
––––––
Total 04-14
––––––
Whereas, on the basis of an indent placed by Executive Engineer,
PWD (R&B), Spl. Sub-Division, Bhaderwah a notification under
section 4 (1) was issued by Collector, Land Acquisition (SDM), Thathri,
vide letter No. SDM/T/LAC/332-39 dated 12-10-2019 for land measuring
04 Kanals, 14 Marlas in Village Chagnoo, Tehsil Chiralla, District Doda for
construction of road from Puneja to Bhallara under PWD (R&B) ;
Whereas, the Collector, Land Acquisition (SDM), Thathri vide letter
No. SDM/T /LAC/96-97 dated 25-10-2019 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 (SDM),
Thathri vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 544/LAC/D/19 dated 28-10-2019,
Divisional Commissioner, Jammu vide No. 502/3950/PWD/Chagnoo/Doda/
19/2915 dated 27-11-2019 and Financial Commissioner, Revenue, J&K
Jammu, vide No. FC-LS/LA-5189/2020 dated 11-05-2020 has been examined
and it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Puneja to Bhallara under PWD (R&B).
568 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
04 Kanals, 14 Marlas in Village Chagnoo, Tehsil Chiralla, District Doda for
construction of road from Puneja to Bhallara under PWD (R&B). Further,
the Collector, Land Acquisition (SDM), Thathri is directed under section 7
of the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under the Land
Acquisition Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 186-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of Dharara link road by PWD,
in Village Kehlote, Tehsil and District Doda ;
Whereas, on the basis of an Indent placed by the Executive Engineer,
PWD (R&B), Division Doda, a notification under section 4 (1) was issued
by the Collector, Land Acquisition (ACR), Doda vide letter No. 2874-80/ Acq
dated 11-03-2014, for land measuring 15 Kanals, 11 Marlas, situated in Village
Kehlote, Tehsil and District Doda ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1269-74/Acq dated 10-10-2019, has reported that the notification issued No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 569 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– under section 4 (1) of the J&K State Land Acquisition Act by him was served
upon the interested persons for filing objections, if any, to the proposed
acquisition, but, no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide No. 429/LAC/D/19 dated 15-10-2019 duly
endorsed by the Divisional Commissioner, Jammu vide No. 502/3841/PWD/
Kehlote/D/19/2647 dated 29-10-2019 and endorsed by the Financial
Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5182/2020 dated
19-03-2020 has been examined and it has been found that the land owners did
not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Dharara
link road by PWD, in Village Kehlote, Tehsll and District Doda.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 15 Kanals,
11 Marlas, situated in Village Kehlote, Tehsll and District Doda, for construction
of Dharara link road by PWD, in Village Kehlote, Tehsil and District Doda.
Further, the Collector, Land Acquisition (ACR), Doda is directed under
section 7 of the said Act to take orders for acquisition of the said land after
giving pescribed notice to the interested person (s) as required under the Land
Acquisition Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
––––– 570 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Doda Doda Kehlote 194/110 min 01-12
196/110 min 02-04
209/119 01-06
209/119 00-06
120 00-18
121 01-06
122 02-11
122 00-18
221/133 03-19
237/220/133 00-11
––––––
Total 15-11
––––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 187-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of 200 M Span Single Lane Steel Motorable Suspension Bridge over River Chenab at Marsoo Incl-Approach road on left/right side Tehsil Assar, District Doda ;
Whereas, on the basis of an indent placed by the Chief Engineer, PWD (R&B) Department, Jammu a notification under section 4 (1) was issued by No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 571 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– the Collector, Land Acquisition (SDM), Assar vide letter No. SDM/A/LAC/
2019/44-51 dated 05-10-2019 for land measuring 65 Kanals 12 Marlas situated
in Marsoo, Tehsil Assar, District Doda ;
Whereas, the Collector, Land Acquisition (SDM), Assar vide letter
No. SDM/A/LAC/2019/70-75 dated 21-10-2019, has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition Act
by him was served upon the interested persons for filing objections, if any, to
the proposed acquisition, but, no objection was received from the land
owners/interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Assar vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide No. 538/LAC/D/19 dated 28-10-2019 duly
endorsed by the Divisional Commissioner, Jammu vide No. 502/3939/PWD/
Marsoo/Doda/19/2697 dated 31-10-2019 and endorsed by the Financial
Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5179/2020 dated
19-03-2020 has been examined and it has been found that the land owners did
not file any objection to the proposed acquisition ;
Whereas, tne Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of 200 M
Span Single Lane Steel Motorable Suspension Bridge over River Chenab at
Marsoo Incl-Approach road on left/right side Tehsil Assar, District Doda.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 65 Kanals
12 Marlas, situated at Marsoo Incl-Approach road on left/right side Tehsil
Assar, District Doda, for construction of 200 M Span Single Lane Steel
Motorable Suspension Bridge over River Chenab at Marsoo Incl-Approach
road on left/right side, Tehsil Assar, District Doda. Further, the Collector, Land
Acquisition (SDM), Assar is directed under section 7 of the said Act to take
orders for acquisition of the said land after giving pescribed notice to the
interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the 572 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Doda Assar Marsoo 191 08-06
120 01-11
119 00-09
119 00-07
122 00-04
123 00-01
118 00-01
118 00-09
118 00-14
123 00-08
123 00-12
123 00-09
123 01-14
124 01-01
124 02-06
191 00-08
134 00-04
190 01-14
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 573
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
———————————————————————————————
K. M.
189 00-05
189 00-05
188 01-12
148 00-12
150 01-00
150 00-18
151 00-07
212 00-11
230 01-00
229 00-19
229 00-07
227 00-16
226 02-08
224 00-18
224 00-17
224 02-11
223 00-11
225 01-11
226 01-16
248 01-14
229 00-03
229 00-18
230 01-10
231 01-00
236 00-04
248 01-18
247 18-03
––––––
Total 65-12
––––––
––––––
574 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 189-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to
this notification is required for construction of PWD (R&B) road from Warni
to Sarsi situated in Village Saras, Tehsil and District Doda ;
Whereas, on the basis of an indent placed by Executive Engineer,
PWD (R&B), Division Doda, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Doda, vide letter No. 1680-86/Acq
dated 12-03-2012 for land measuring 20 Kanals, 08 Marlas in Village Saras,
Tehsil and District Doda, for construction of PWD (R&B) road from Warni
to Sarsi ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1320-25/Acq dated 10-10-2019 has reported that the notification issued
under section 4 (1) of the J&K State Land Acquisition Act by him was served
upon the interested persons for filing objections, if any, to the proposed
acquisition, but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide No. 406/LAC/D/19 dated 21-10-2019, Divisional
Commissioner, Jammu vide No. 502/3897/PWD/Saras/D/19/2924
dated 27-11-2019 and Financial Commissioner, Revenue, J&K Jammu vide
No. FC-LS/LA-5190/2020 dated 11-05-2020 has been examined and it has
been found that the land owners did not file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of PWD
(R&B) road from Warni to Sarsi.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 20 Kanals, No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 575 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 08 Marlas in Village Saras, Tehsil and District Doda for construction of PWD
(R&B) road from Warni to Sarsi. Further, the Collector, Land Acquisition
(ACR), Doda is directed under section 7 of the said Act to take orders for
acquisition of the said land after giving prescribed notice to the interested
person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
–––––
Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Doda Doda Saras 64/8 min 02-06
26 min 00-10
26 min 01-07
64 min 00-08
70 min 00-13
10 min 01-16
10 min 02-05
10/1 min 00-05
6 min 00-13
9 min 01-15
7 min 01-02
19 min 01-13 576 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
20 min 01-14
63 min 01-03
63 min 00-13
65 min 00-03
25 min 01-05
24 min 00-08
11 min 00-06
78 min 00-03
––––––
Total 20-08
––––––
––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 177-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for widening of road from Satwari Chowk to Peer
Baba via Rani Bagh, Satwari, Jammu under PWD situated in Village Narwal
Pain, Tehsil and District Jammu ;
Particulars of the land
District Tehsil Village Kh. No. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu Jammu Narwal Pain 45 min 01-19
Whereas, on the basis of an indent placed by Chief Engineer, PW(R&B)
Department, Jammu a notification under section 4 (1) was issued by Collector,
Land Acquisition (PWD), Jammu, vide letter No. LA/223-230 dated
15-10-2019 for land measuring 01 Kanal, 19 Marlas situated in Village Narwal
Pain, Tehsil and District Jammu for widening of road from Satwari Chowk
to Peer Baba via Rani Bagh, Satwari, Jammu under PWD ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 577 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Collector, Land Acquisition (PWD), Jammu vide letter
No. LA/248 Dated 30-10-2019 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 (PWD),
Jammu vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Jammu vide No. DCJ/LA/6&7-PWD/2019-20/1912-
13 dated 25-01-2019 Divisional Commissioner, Jammu vide No. 502/4151/ Acq/Narwal Pain/J/20/4437 dated 18-02-2020 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5206/2020 dated 15-05-2020
has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for widening of road
from Satwari Chowk to Peer Baba via Rani Bagh, Satwari, Jammu under
PWD.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring
01 Kanal, 19 Marlas situated in Village Narwal Pain, Tehsil and District Jammu for widening of road from Satwari Chowk to Peer Baba via Rani
Bagh, Satwari, Jammu under PWD. Further, the Collector, Land Acquistion
(PWD), Jammu is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested
person (s) as required under the Land Acquisition Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
–––––––
578 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 179-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to
this notification is required for construction of road from Shiva to Sindra PWD
road situated in Village Shiva, Tehsil and District Doda ;
Whereas, on the basis of an indent placed by Executive Engineer, PW
(R&B), Division Doda a notification under section 4 (1) was issued by Collector,
Land Acquisition (ACR), Doda vide letter No.163-69/Acq dated 02-05-2012
for land measuring 24 Kanals, 11½ Marlas, situated at Village Shiva, Tehsil
and District Doda for construction of road from Shiva to Sindra PWD road ;
Whereas, the Collector, Land Acquistion (ACR), Doda vide
No. 1227-32 dated 10-10-2019 has reported that the notification issued under
section 4 (1) of the J&K State Land Acquisition Act by him was served upon
the interested persons for filing objections, if any, to the proposed acquisition,
but no objection was received from the land owners/interested persons within
the prescribed period as required under sections 5 & 5-A of the Land Acquisition
Act ;
Whereas, the report furnished by Collector, Land Acquistion (ACR),
Doda vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide letter No. 440/LAC/D/19 dated 15-10-2019,
Divisional Commissioner, Jammu vide No. 502/3832/PWD/Shiva/19/Doda/
2623 dated 29-10-2019 and Financial Commissioner, Revenue, J&K Jammu
vide No. FC-LS/LA-5161/2020 dated 15-05-2020 has been examined and it
has been found that the land owners did not file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Shiva to Sindra PWD road.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 24 Kanals,
11½ Marlas, situated at Village Shiva, Tehsil and District Doda for construction No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 579 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– of road from Shiva to Sindra PWD road. Further, the Collector, Land
Acquisition (ACR), Doda is directed under section 7 of the said Act to take
orders for acquisition of the said land after giving prescribed notice to the
interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government, Revenue Department.
–––––
Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Doda Doda Shiba 477 min 01-00
477 min 00-09½
481 min 02-05
481 min 01-09
481 min 00-15
481 min 01-02
482 min 01-03
483 min 01-07
483 min 01-05
483 min 01-00
484 min 01-18
761 min 03-00 580 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M. 837 min 01-01
837 min 02-04
843 min 02-11
844 min 02-01
––––––
Total 24-11½
––––––
––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 182-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for construction of Doda Bharath road under PWD
(R&B) situated in Village Bharath, Tehsil Bharath Bagla, District Doda ;
Particulars of the land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda Bharat Bagla Bharat 83 min 01-07
1092/87 min 00-07
––––––
Total 02-04
––––––
Whereas, on the basis of an indent placed by Executive Engineer,
PWD (R&B), Division Doda, a notification under section 4 (1) was issued
by Collector, Land Acquisition (ACR), Doda vide letter No. 1951-57/Acq
dated 28-01-2013 for land measuring 02 Kanals, 04 Marlas situated in Village
Bharath, Tehsil Bharath Bagla, District Doda for construction of Doda to
Bharath road under PWD (R&B) ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 581 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1251-56/Acq dated 10-10-2019 has reported that the notification issued
under section 4 (1) of the J&K State Land Acquisition Act by him was
served upon the interested persons for filing objections, if any, to the proposed
acquisition, but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide No. 445/LAC/D/19 dated 15-10-2019,
Divisional Commissioner, Jammu vide No. 502/3830/PWD/Bharath/Doda/
19/2921 dated 27-11-2019 and Financial Commissioner, Revenue, J&K
Jammu vide No. FC- LS/LA-5190/2020 dated 11-05-2020 has been examined
and it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Doda
to Bharath road under PWD (R&B).
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
02 Kanals, 04 Marlas situated in Village Bharath, Tehsil Bharath Bagla,
District Doda for construction of Doda to Bharath road under PWD (R&B).
Further, the Collector, Land Acquisition (ADC), Bhaderwah is directed under
section 7 of the said Act to take orders for acquisition of the said land after
giving prescribed notice to the interested person (s) as required under the
Land Acquisition Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of 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.
–––––––
582 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 204-Rev (LAK) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for construction of Fruit Mandi, Jablipora, Bijbehara
situated in Village Jablipora, Tehsil Bijbehara, District Anantnag ;
Particulars of the land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Anantnag Bijbehara Jablipora 87 00-11-04½
75 00-12-03
422 01-19-00
413 02-11-00
––––––––
Total 05-13-7½
––––––––
Whereas, on the basis of an indent placed by Director, Horticulture
P&M, a notification under section 4 (1) was issued by Collector, Land
Acquisition, Anantnag, vide No. 670/LA/Ang dated 02-02-2019 for land
measuring 05 Kanals, 13 Marlas and 07½ Sirsai in Village Jablipora, Tehsil
Bijbehara, District Anantnag for construction of Fruit Mandi, Jablipora,
Bijbehara ;
Whereas, the Collector, Land Acquisition, Anantnag vide No. 249-51/
LA/Ang dated 06-07-2019 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 ;
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 583 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the report furnished by Collector, Land Acquisition, Anantnag
vide letter referred to above duly endorsed by Divisional Commissioner,
Kashmir vide No. Div.Com/LAS-Acq/3025/6991 dated 15-01-2020 and
Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5156/
2020 dated 13-03-2020 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 Fruit
Mandi, Jablipora, Bijbehara.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
05 Kanals, 13 Marlas and 07½ Sirsai in Village Jablipora, Tehsil Bijbehara,
District Anantnag for construction of Fruit Mandi, Jablipora, Bijbehara.
Further, the Collector, Land Acquisition Anantnag 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 Jablipora, Tehsil Bijbehara,
District Anantnag, 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.
–––––––
584 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 202-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to
this notification is required for public purposes viz. for construction of Seri-
Sincha road under PMGSY situated at Village Sincha, Tehsil and District
Ramban ;
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 (ACR), Ramban, vide letter No. Acq/PMGSY/19/316-25
dated 10-10-2019, for land measuring 13 Kanals, situated in Village Sincha
Tehsil and District Ramban, for construction of Seri-Sincha road under
PMGSY ;
Whereas, the Collector, Land Acquisition (ACR), Ramban vide
No. Acq/PMGSY/19/417-20 dated 25-10-2019, has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition Act
by him was served upon the interested persons for filing objections, if any, to
the proposed acquisition, but, no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Ramban vide letter referred to above duly endorsed by District Collector
(DC), Ramban vide letter No. DC/LA/Rbn/424-25 dated 25-10-2019, Divisional
Commissioner, Jammu vide No. 502/4021/Sincha/Ramban/19/3097
dated 21-12-2019 and by Financial Commissioner, Revenue 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
Seri-Sincha road under PMGSY situated at Village Sincha, Tehsil and District
Ramban.
No. 46] The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. 585 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 13 Kanals,
situated in Village Sincha, Tehsil and District Ramban, for construction of
Seri-Sincha road under PMGSY. Further, the Collector, Land Acquisition
(ACR), Ramban is directed under section 7 of the said Act to take orders for
acquisition of the said land after giving prescribed notice to the interested
person (s) as required under the Land Acquisition Act/Rules.
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 Sincha, Tehsil and District
Ramban, required for public purposes, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition Act
and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the 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 the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Ramban Ramban Sincha 122 00-11
125 01-12
124 01-07 586 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5
———————————————————————————————
K. M.
133 min 02-17
133 min 00-5½
134 01-08
175 min 00-17½
175 min 02-02
187 02-00
––––––
Total 13-00
–––––– THE JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 11th Feb., 2021/22nd Magha, 1942. [ No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
Certified that we have today on 12th of December, 2020 A. N. respectively made over and received the charge of the office of Munsiff/Additional Mobile Magistrate, Khaltsi.
Memo of balance for which responsibility is accepted by the
Officer Receiving Charge.
1. Cash : Nil
2. Stamps : Nil
Under head 8443 : Nil
(Sd.) ........................
Munsiff/Additional Special Mobile Magistrate, Khaltsi.
Relieved Officer.
(Sd.) .........................
Tehsildar, Khaltsi.
Relieving Officer.
————
Certified that we have in the afternoon of this day respectively 86 The J&K Official Gazette, 4th Feb., 2021/15th Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––– made over and received charge of the Office of Chief Medical Officer, Health and Family Welfare, Doda along with cash balance lying in Account No. CD-509 of Jammu and Kashmir Bank, Branch Ex-Doda as on 31-11-2020 A. N. of Rs. 95/- (Rupees Ninty five) only last entry made in the cash book as well as drawal register.
The closing balance as on 30-11-2020 A. N. as per Cash Book and a
per bank statement is Rs. 95/- (Rupees Ninety-five) only.
Memo of the balane for which responsibility is accepted by the Officer,
Receiving Charge.
Permanent Advance : Rs. 95/- (Eupees Ninety-five) only.
Station : Doda.
Dated : 01-12-2020.
(Sd.) ......................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieved Officer.
(Sd.) .....................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieving Officer.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 133] Jammu, Thu., the 11th Feb., 2021/22nd Magha, 1942. [ No. 46
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
OFFICE OF THE COMMERCIAL/STATE TAXES OFFICER, CIRCLE-P, JAMMU.
Notification
It has been reported by M/s. Cera Sanitaryware Ltd., Near Sahara Industries, Kaluchak, Greater Kailash, Jammu bearing TIN : 01731201563 that (04) Four No. of F-Forms bearing No. from 01W- 191680 to 01W-191683 have been lost and matter stands published in below mentioned Newspapers for declaring them invalid :—
1. Punjab Kesari, Jammu dated 13-10-2020.
2. The Times of India, Chandigarh dated 13-10-2020.
The dealer has also furnished an indemnity bond in this respect which is placed on record and copy of missing report issued by SHO, Police Station, Bari-Brahmana vide his No. 1610/PS, Bari-Brahmana dated 12-10-2020. Hence, the below noted F-Forms are hereby declared as invalid for the purpose. Anybody, fraudulently using the said F-Forms will render himself liable for penal action as per Law.
The person/s who will find the said F-Forms please return the
same to the undersigned.
No. of F-Forms : 04 (Four)
S. No. of F-Forms : 01W-191680 to
01W-191683 330 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46
Name and address of the dealer : M/s. Cera Sanitaryware Ltd., Khasra No. 1020, Khewat No. 61 and 262, Tehsil Bari-Brahmana Near Chauhan Body Builders Opposite BPCL Petrol Pump, Sarore, Jammu–181133.
Registration No. of the dealer : 01731201563.
Lost/stolen/destroyed : Lost.
Address of the dealer to whom issued : M/s. Cera Sanitaryware Ltd., Khasra No. 1020, Khewat No. 61 and 262, Tehsil Bari-Brahmana Near Chauhan Body Builders Opposite BPCL Petrol Pump, Sarore, Jammu–181133.
(Sd.) .........................
Assesing Authority,
Commercial/State Taxes Circle 'P', Jammu.
————
Notice
I, Varun Rai S/o Sh. Deepak Kumar R/o H. No. 274, Nai Basti, Satwari, Jammu have applying for correction of my name which has been wrongly written in my PAN Card bearing No. BAPPR0416P as Varun Roy instead of correct name Varun Rai. Objection, if any, may be conveyed to concerned authority within 7 days from the date of publication of this notice.
————
Notification for Public
Since I'm being known by the name of Tasadduq Wani from my childhood but on records my name is mentioned Mohd Iqbal Wani. So in this regard, I want to change my name from Mohd Iqbal Wani to Tasadduq Wani. If anybody has any objection, kindly reach to me within the fifteen days of the publication of this notice.
Tasadduq Wani S/o Mohd Akram Wani R/o Sarnal, Anantnag M. 70060-85591.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 11th Feb., 2021/22nd Magha, 1942. [No. 46 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
POLICE HEADQUARTERS, JAMMU AND KASHMIR (Provision Section).
Expression of Interest (Eol)
Subject :—Conferencing System for Police Hqrs., J&K at Srinagar.
————
Police Hqrs., J&K is intending to procure/install Audio Conferencing System required for Conference Hall of PHQ, J&K at Srinagar. In this context, "Expression of Interest" is hereby invited from reputed/registered firms.
The intending firms are requested to furnish proposals with tentative financial implications by or before 31st of January, 2021 (1100 hours) at Police Hqrs., J&K, Gulshan Ground, Jammu. The proposal received beyond the timeline mentioned above shall not be entertained by this Hqrs. Such propsals shall be examined at PHQ and the firms may be required to give presentation/Demo of the equipment for which time and venue will be communicated separately.
112 The J&K Official Gazette, 11th Feb., 2021/22nd Magha, 1942. [No. 46 –––––––––––––––––––––––––––––––––––––––––––––––––––––
This Hqrs. reserves the right to accept/reject any proposal received during the process. For any communication on the subject this Hqrs. may be contacted via email id : [email protected].
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport) For Director General of Police, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 133] Jammu, Thu., the 17th Dec., 2020/26th Agra., 1942. [No. 38-4
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART I—B
Notifications, Notices and Orders by the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
JAMMU MUNICIPAL CORPORATION,
TOWN HALL, JAMMU.
Notification No. 696 of 2020
Dated 17-12-2020
Subject :—The Jammu and Kashmir Allotment of Municipal Corporation
Residential Accommodation Bye-Laws, 2020.
Reference :—No. HUD/Lit/JMC/13/2018 dated 09-12-2020.
———
In exercise of the powers conferred under section 395(I),
sub-section (VI) of Municipal Corporation Act, 2000, I, Avny Lavasa (IAS),
Commissioner, Jammu Municipal Corporation, do hereby notify "The
Jammu and Kashmir Allotment of Municipal Corporation Residential
Accommodation Bye-Laws, 2020" for its implementation on the residential
accommodations of the Municipal Corporation, Jammu.
2 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
The Bye-Laws shall come into force from the date of its publication in
the Government Gazette.
(Sd.) AVNY LAVASA, IAS,
Commissioner,
Municipal Corporation,
Jammu.
———
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 3
THE JAMMU AND KASHMIR ALLOTMENT OF MUNICIPAL CORPORATION RESIDENTIAL ACCOMMODATION BYE-LAWS, 2020
PART 1
General
1. Short title, extent and commencement.—(1) These Bye-laws may be called the Jammu and Kashmir Allotment of Municipal Corporation Residential Accommodation Bye-laws, 2020.
(2) These shall apply to all the Municipal Corporations of Union
territory of Jammu and Kashmir.
(3) These shall come into force on the date of their adoption by the
concerned Corporation.
2. Definitions.—(1) In these Bye-laws, unless the context otherwise
requires,—
(a) "Act" means the Jammu and Kashmir Municipal Corporation
Act, 2000 ;
(b) "Administrative Department" means Housing and Urban
Development Department, Jammu and Kashmir ;
(c) " Allotment" mea ns the gr a nt of license to occupy a residential accommodation in accordance with these Bye-laws ;
(d) "Allotment Committee" means a committee constituted under clause 8 of these Bye-laws for allotment of residential accommodation is accordance with the provisions of these Bye-laws and matters connected thereto ;
(e) "Allotment year" means the year beginning on 1st January or other such period as may be notified by the Corporation in this behalf ;
(f) "Allottee" means a person in whose favour any residential
accommodation is allotted ;
(g) "Authorized Officer" means an officer appointed under clause 35 of these Bye-laws by the Corporation to perform such duties as may be assigned by the Corporation for evicting unauthorized occupants ;
4 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
(h) "Commercial assets" shall include shops/Open space/garages/ godown/community hall/basement or any other asset allotted
for commercial purpose ;
(i) "Commissioner" means Commissioner of Municipal Corporation
appointed by the Government ;
(j) "Employee" means whole time Employee of the Corporation appointed on regular basis or an employee(s) on deputation but does not include person appointed under projects, schemes or
on adhoc/casual basis or under NGO ;
(k) "Family" means the wife or husband, as the case may be, and children, step-children, legally adopted children, parents, daughter-in-Law (who is the widow of a pre-deceased son), unmarried brothers or sisters as ordinarily reside with, and are dependent on the allottee ;
(l) "Government" means Government of Jammu and Kashmir ;
(m) "License fee" means a fee as notified under Clause 21 of these bye laws, payable in respect of the residential accommodation by the allottee ;
(n) "Municipal Area" means the territorial area of the Corporation
declared under the Act ;
(o) "Own House" means a building or part thereof meant for residential purposes and owned by the allottee or by any member of his family within the jurisdiction of the Municipality ;
(p) "Penalty" means a compensation to be levied in the event of unauthorized occupation or subletting or misuse of whole
or any part of accommodation by the occupant of the accommodation ;
(q) "Rehabilitation" means restoring someone to another location (open space/shop) from the previous location which has been demolished under any development project from time to time by the Govt. ;
(r) "Residential Accommodation" means a quarter/flat for the purpose of residence allotted in favour of an officer/employee/ non-employee on the recommendation of the Allotment Committee concerned under these Bye-laws ;
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 5
(s) "Special license fee" means a license fee charged from allottees
for short period or temporary allotment of accommodation for
special purposes ;
(t) "Subletting" means letting out of residential accommodation or
commercial asset partly or wholly by an allottee to any person
without the knowledge/permission of the corporation ;
(u) "Surrender of accommodation" means vacation of
accommodation after physical occupation of the accommodation
by the allottee on his own volition during the allotment period ;
(v) "Temporary transfer" means a transfer of allottee to another
place, which involves an absence for a period not exceeding
four months from the place where the accommodation is
allotted ;
(w) "Transfer" means a transfer from the present working place
where the accommodation is allotted to any other working place
or from an eligible office to ineligible office and includes a
transfer or repatriation to service under a Union Territory
administration and includes deputation to a post in an ineligible
office or organization ;
(x) "Unauthorized occupation" in relation to the residential
accommodation, means the occupation by any person of the
residential accommodation without authority for such occupation
and includes the continuance in occupation by any person of
the residential accommodation after the period for which he
was allotted the accommodation by the Competent Authority
has expired or has been determined for any reason whatsoever.
(2) Words and expressions used but not defined in these Bye-laws
shall have same meaning as assigned to them in the Jammu and Kashmir
Municipal Corporation Act, 2000.
(3) Non-Eligibility for allotment of residential accommodation.—
The residential accommodation shall not be allotted to a person who owns
or possesses a house in the municipal limits of the Corporation, whether in
proprietorship or lease or otherwise, whether by himself or through his family
members.
6 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
(4) Classification of residential accommodation and
Entitlement.—Allotment shall be made by reference to the following
categories :—
| S. No. ––———————————————————————————— 1. ————————————————————————————— 2. ————————————————————————————— 3. ————————————————————————————— 4. ————————————————————————————— 5. | Type of Accommodation Independent VIP Bungalows Type-I-Four or above BHK Type-II-Three BHK Type-III-Two BHK Type-IV-1 BHK | Entitlement Mayor, Deputy Mayor, Commissioner Officers in the Pay Level 11 and above Officers in the Pay Level 8 and above Officials in the Pay Level 6 and above Officials up to Pay Level 6 |
In case of persons other than employees, they shall be considered
only for Type-II, III and IV residential accommodation depending upon
availability and choice of the applicant :
Provided that an officer/official holding a post in OPG shall be eligible
for the type of accommodation as per the post he is holding in the Corporation/
Government ; provided further that in case the accommodation for which
an employee is eligible is not available, he shall be provided lower type
accommodation as per the available accommodation.
5. Waiting list and priority for different types of
accommodations.—A single waiting list shall be prepared for each type of
accommodation—
(i) The waiting list shall have names of the applicants applied for
initial as well as for change of accommodation and shall be
prepared as per entitlement for a type of accommodation ;
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 7
(ii) The names of applicants entitled for Type I and above
accommodation shall be included in all unified waiting lists of
below types of accommodation for which they are eligible ;
(iii) The names of applicants entitled for Types II, III and IV
accommodation shall be included in all unified waiting lists of
one type below accommodation for which they are eligible ;
(iv) The allotment of residential accommodation shall be made
by the Corporation in accordance with the criteria laid
hereunder :—
a. Preference for allotment of residential accommodation
shall be as per the eligibility under Clause 4 of these Bye-
laws ;
b. Employees on deputation to the Corporation shall also
be considered for allotment ;
c. The category of allotments which are not municipal
corporation employees shall be considered for remaining
available residential accommodation. For allotting such
residential accommodation, the Corporation shall advertise
the same through media and website and invite applications
for the same. The applications shall be considered by
the Allotment Committee in the light of provisions of
these Bye-laws for appropriate decision ;
(v) The date of priority in respect of accommodation shall be
determined on the basis of the date of joining of the employee
in the service and the eligibility for the type of accommodation
shall be decided as per level of the applicant in the pay matrix
and the post he is holding :
Provided that an applicant can apply for lower type
accommodation than the type for which he is eligible :
Provided further that where the priority date of two or more applicants is the same, the applicant having a higher pay level shall be senior in the waiting list ; where the date of priority and the pay in the level of two or more applicants are the same, the applicant who has joined the service earlier shall be senior in the waiting list ; and where the date of 8 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
priority, pay in the level and the date of joining the service of two or more applicants are the same, the applicant retiring earlier may be accorded priority over the applicant retiring later.
6. Criteria for Allotment.—The residential accommodation available with the Corporation shall be allotted to its employees. Four per cent accommodation shall be reserved for Specially abled employees of the Corporation. However, after all the waiting lists of the employees have been considered and decision has been taken as per the provisions of these Bye-laws, the remaining accommodation shall be allotted in the following order of priority :—
a. Rehabilitation of displaced persons whose residential a c c o mmoda t ion ha s b een demol is hed du e t o a ny developmental project by the Corporation or rehabilitation of persons under specific orders of the Government 7% ;
b. Specially abled employees of UT of J&K-4% ;
c. Permanent employees of the UT of J&K-80% ;
d. Judiciary employees-5% ;
e. Militancy Affected Persons-4% :
Provided that in case there is no applicant for a particular category, the prescribed quota of that category shall be equally distributed amongst the categories where the number of applicant is more than the available quota of that category.
PART 2
Allotment Procedure
7. Application for Allotment of residential accommodation.—
(i) Every employee on joining duty on his first appointment or on transfer, or any other non-employee applicant may make an application online or manually to the Commissioner, Municipal Corporation for allotment of accommodation to which he is eligible under these Bye-laws and the entitled type of accommodation shall be offered as per the priority in accordance with these Bye-laws having regard to the allottee's preference :
Provided that no application shall be entertained for accommodation if the employee is retiring on superannuation in the next six months.
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 9
(ii) The applicant shall furnish particulars in the form specified by the Commissioner which shall be verified by a Municipal Corporation officer and in case of any discrepancy in the application or furnishing of incorrect information in the application, the applicant and the verifying officer shall be liable for furnishing of incorrect information and disciplinary action shall be taken against them including cancellation of allotment of accommodation, if allotment was made based on incorrect information.
8. Residential Allotment Committee.—The Corporation shall constitute a residential Allotment committee comprising Commissioner, concerned Joint Municipal Commissioner, Chief Accounts Officer, Engineer In-charge of Engineering section and any other officer which the Corporation deems necessary for the purpose of allotment of residential accommodation. The Allotment Committee shall also determine the monthly license fee to be levied to the employees of the Corporations/Government. Further it shall also work out market rate of license fee based on location, area, type etc. of the residential accommodation to be levied under the provisions of these Bye-laws and special license fee for temporary allotment of accommodation for marriage or social purposes
9. Officer of allotment of accommodation.—
(i) Save as otherwise provided in these Bye-laws, accommodation falling vacant in all types will be allotted by the Allotment Committee to the applicant applying for initial allotment or for change of accommodation from the waiting list for that type of accommodation under these Bye-laws ;
(ii) The Committee may, in emergent, circumstances where the accommodation in occupation of the allottee is required to be vacated, allot him an alternate accommodation of the same type of accommodation or the type next below the type of accommodation in occupation of the allottee, subject to availability.
10. Period for which allotment subsists.—
(i) An allotment shall be effective from the date on which it is accepted by the allottee and shall continue for the period mentioned in the agreement ; which shall normally be one year ;
10 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
(ii) Subject to the Clause 19 of these Bye-laws, the agreement
shall be deemed to have been expired after the allottee ceases
to be on duty in the Corporation if ;
a. It is cancelled by the Commissioner or is deemed
to have been cancelled under any provision of these
Bye-laws ;
b. it is surrendered by the allottee or the allottee ceases
to occupy the residence ;
c. The allottee has been transferred from the corporation
to his/her parent department or in any other department.
11. Acceptance of Allotment.—
(i) An offer of allotment of an accommodation shall be accepted
by the allottee within eight days from the date of allotment of
the accommodation ;
(ii) The allottee may accept the allotment of the accommodation
by himself or through an authorized representative.
12. Process after Acceptance.—
(i) After acceptance of the allotted accommodation, the allottee
shall take physical possession of the accommodation from the
Municipal Corporation or from any other maintenance agency,
as the case may be, within five working days from the date of
receipt of the acceptance letter and the Municipal Corporation
or any other maintenance agency, as the case may be, shall
hand over the allotted accommodation to the allottee ;
(ii) In case the allotted accommodation is not ready for immediate
occupation, Municipal Corporation shall issue a Technical
Occupation Report to the allottee on receipt of authority letter
from the Committee/Corporation ;
(iii) The Municipal Corporation shall issue a Physical Occupation
Report to the allottee once the accommodation is ready for No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 11
occupation and after handing over the accommodation to the
allottee in habitable condition.
13. Non-acceptance of allotment or offer or failure to occupy
the allotted accommodation after acceptance.—
(i) If any allottee fails to accept the allotment of a residential
accommodation within 8 days from the date of allotment of the
said accommodation, or fails to take possession of that
accommodation within five working days from the date of
receipt of the letter of authorization, he shall be debarred to
apply for accommodation for a period of 1 year from the date
of non-acceptance of allotment ;
(ii) The date of non-acceptance of allotment shall be calculated
from the date of allotment ;
(iii) If an allottee occupying a lower type of accommodation refuses
to accept the offer of an accommodation of the type for which
he is eligible under these Bye-laws, he shall be permitted to
continue in the previously allotted accommodation :
Provided that such allottee sha ll not be eligible for
another allotment for a period of six months from the date of
non-acceptance of such allotment.
14. Reconsideration.—Request for reconsideration in cases of non-
acceptance of allotment within the specified time shall be considered by the
Municipal Corporation if an application for reconsideration is made to the
Allotment Committee in the following cases :—
(i) intervening Gazetted holidays during the eight days period ;
(ii) delay in forwarding of prescribed acceptance form from the
office concerned ;
(iii) the allottee on official tour during the acceptance period ;
(iv) other valid reasons provided by the allottee ;
(v) the allotted accommodation is occupied by another allottee ;
12 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
(vi) the allottee is unwilling to pay the pending dues of the previous
occupants relating to electricity or water, etc.
15. Allotment to an allottee under suspension.—Subject to the
provision of these Bye-laws allotment of accommodation to an allottee under
suspension shall be made as if suspension has not taken place.
16. Allotment of accommodation on unsafe or dangerous
grounds.—
(i) An allottee whose residential accommodation is unsafe or
dangerous/unhabitable, may make an application to the
Corporation to declare such accommodation as unsafe or
dangerous for living and an officer not below the rank of an
Executive Engineer or equivalent officer in Corporation
satisfying himself that the accommodation concerned is unsafe
or dangerous, issue a certificate of declaration to the effect, in
writing and enter the accommodation in the Unsafe
Accommodation Register ;
(ii) In cases where a residential accommodation is declared as
unsafe or dangerous, an alternate allotment of same type of
accommodation shall be made on priority by identifying, vacant
accommodation in the same locality or nearby locality for
allotment and such occupants would be given priority in the
same type of accommodation over the waiting list :
17. Allotment to husband and wife.—
(i) No officer/employees shall be allotted residential
accommodation under these Bye-laws if the wife or husband
as the case may be has already been allotted a residential
accommodation unless such accommodation is surrendered :
Provided that this clause shall not apply where the husband and
wife are residing separately in pursuance of—
a. An order of judicial separation made by any Court ; or
b. an order to proceed to frame and record the issues
for settlement of the proceedings by any Court in
which a petition filed by either spouse for dissolution of No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 13
marriage by a decree of divorce is pending and either
of them has furnished an undertaking to surrender the
accommodation allotted to her or him forthwith in case of
revival of conjugal rights with her or his spouse.
(ii) Where two allottees in occupation of separate residences allotted
under these Bye-laws marry each other they shall, within one
month of the marriage surrender one of the residences ;
(iii) If one of the accommodation is not surrendered as required
under clause (ii), the allotment of the residential accommodation
of the lower type shall be deemed to have been cancelled on
expiry of such period and if the residences are of the same
type, the allotment of one of them, as the Municipal Corporation
may decide, shall be deemed to have been cancelled on the
expiry of such period.
18. Temporary allotment of accommodation for marriage or social
functions.—The temporary allotment of vacant or surplus residential
accommodation for marriage or social purposes shall be governed by the
guidelines issued by the Corporation from time to time. Such temporary
allotments shall be levied special license fee notified by the Corporation.
PART 3
Retention of Accommodation
19. Concessional period of retention .—
(i) The allottee may, subject to the conditions laid down in these
Bye-laws, be permitted to retain the accommodation on the
happening of any of the events specified in column (2) of the
table below, for the period specified in the corresponding entry
in column (3) thereof, provided that the accommodation is 14 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
required for the bona fide use of the allottee or members of
his family :—
Table
| S. Events No. ————————————————————————————— 1 2 ————————————————————————————— 1 Resignation, dismissal, removal from service, termination of service or unauthorized absence without permission | Permissible period for retention of the residential accommodation 3 One month on normal license fee |
| 2 Retirement, voluntary retirement, retirement on medical grounds or repatriation to parent organization. | Three months on normal license fee |
| 3 Death of the allottee : To eligible spouse or ward in case of death of the allottee or in case of missing persons (from the date on which Police authority have certified the employee missing) | Twelve months on normal license fee provided the deceased or missing allottee or any member of the family does not own a house at the place of occupation of accommodation |
| 4 Transfer to a place outside territorial of the Corporation | Two months on normal area license fee plus six months on double license fee |
| 5 Transfer outside the Union Territory | Three months on normal license fee |
| 6 All authorized and sanctioned Leave | For the full period of leave |
| 7 Allottee other than Corporation/ Government employee | Fifteen days after expiry of the period of allotment on normal license fee |
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 15
Explanation :– During the extended retention as provided above, the concerned allottee shall be charged normal license fee except otherwise provided, and in no circumstances there shall be concession or relaxation at the cost of corporation ex-chequer. However, further retention of the residential accommodation till vacation shall invite damages at the market rates of the license fee as assessed by the Allotment Committee, plus 10% compound interest on monthly basis, in addition to other necessary steps for eviction.
(ii) All allottees of the residential accommodation shall furnish a self-certificate to the Commissioner in case they are on leave for more than six months and retention of accommodation is required for family.
20. Retention of residential accommodation by the employee .—
(i) Corporation employees can retain their allotted residential accommodation on deputation to outside the Corporation on proper application and retention orders thereof issued by the Corporation provided that such accommodation is to be used by their families for study of their children or for a bona fide reason to be mentioned in the application form duly supported by affidavit attested by the Judicial Magistrate of territorial jurisdiction of Jammu/Srinagar Courts only ;
(ii) Any employee who has retained the residential accommodation after proper retention order, if found having sublet the accommodation to some other person shall invite eviction proceedings and his allotment shall be deemed to have been cancelled. No further allotment of residential accommodation shall be made in his favour ;
(iii) The officer/employee who does not retain accommodation shall handover the possession of the residential accommodation to the Corporation against proper receipt. If the residential accommodation is kept locked by the allottee, the license fee for the period the residential accommodation is kept locked shall be borne by him. Further, retention of the residential accommodation beyond permissible time till vacation shall be charged with market rates of the rent as assessed by the Allotment Committee, plus 10% compound interest on monthly basis.
16 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
PART 4
Licence Fee for Accommodation
21. Payment of licence fee for residential accommodation.—
(i) The normal rate of license fee shall be notified by the Corporation
on the recommendation of the Allotment Committee ;
(ii) The market rate of license fee shall also be notified by the Cor pora tion on the recommenda tion of the Allotment Committee. The market rate in addition to other factors should also take into account the market rate, location, type, area etc. of the accommodation. Similarly, special license fee for temporary allotment shall also be notified by the Corporation on the recommendations of the Allotment Committee ;
(iii) W h er e a ll ot me nt of a c c ommod a t io n o r a l t er na t i ve accommodation has been accepted, the liability for license fee shall commence from the date of physical occupation of the accommodation ;
(iv) An allottee who, after acceptance, fails to take possession of that accommodation within eight days from the date of receipt of the authority letter shall be charged one month license fee from the date of allotment ;
(v) Provided that this provision shall not apply in case the maintenance agency does not hand over the accommodation in a habitable condition to the allottee within the prescribed period or the accommodation is not ready for physical occupation for any other reason ;
(vi) An allottee shall remain personally responsible for any license fee payable in respect of the accommodation and for any damages caused to the accommodation or its precincts or grounds or services provided therein by the Government beyond fair wear and tear ;
(vii) In case license fee has not been received continuously for a period of four months from an allottee or the Drawing and Disbursing Officer of Office of the allottee, the allotment of a c commoda t ion of the concer ned a llottee sha ll be cancelled ;
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 17
(viii) Any employee who has been allotted residential accommodation
shall not be paid HRA.
22. Fixation or revision of license fee for accommodations.— The Allotment Committee shall revise normal, market and special rates of the license fee for residential accommodation every three years, separately for each type of accommodation. The revised rates shall take effect from the 1st April of the year in which the revision is due, or from such other date as Government may direct.
23. Charging of License Fees.—
(i) The Govt. officers/employees other than Corporation officers/ employees on deputation from other departments to Municipal Corporation shall pay the same license fee as the corporation employee ;
(ii) The Category of occupants of Corporation residential accommodation who are neither Government employees nor Corporation employee and have been allotted Corporation accommodation under proper allotment orders, shall have to pay the rent as per market rate as may be fixed by the Corporation on the recommendations of the Allotment Committee ;
(iii) The liability for payment of license fee shall commence from
the date of handover ;
(iv) Where an officer/employee who is in occupation of a residential accommodation is allotted another residential accommodation and he occupies the new residential accommodation, the allotment of the former residence shall be deemed to have been cancelled from the date of occupation of the new residential accommodation. He may, however, retain the former residential accommodation without payment of license fee for that day and the subsequent day for shifting. If the former residential accommodation is not vacated by the subsequent date as aforesaid, the officer/employees will be liable to pay char ges for use and occupation of the residential accommodation at market rates plus 10% compound interest with effect from the date they are taking possession of the later residential accommodation.
24. Personal liability of the occupant for payment of license fee till the residential accommodation is vacated.—The allottee to whom a residential accommodation has been allotted shall be personally liable for 18 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
the license fee thereon and for any damage beyond fair wear and tear
caused thereto to the Corporation property during the period for which the
residential accommodation has been and remains allotted to him/her or
where the allotment has been cancelled under any of the provisions of
these Bye-laws until the residence along with out-houses and apartments
have been vacated and vacant possession has been restored to the
Corporation.
25. Payment of license fee in advance for retention of
accommodation.—All the allottees of accommodation shall pay the
requisite license fee in advance for retention of the accommodation allotted
to them.
26. Special license fee for temporary allotment of
accommodation.—The rates of special licence fee to be charged for
temporary allotment of accommodation may be notified by the Corporation
from time to time on the recommendations of the allotment Committee.
27. Recovery of license fee from allottee in instalments in certain
cases.—
(i) The request for recovery of arrears of license fee in instalments
may be considered only in deserving cases from an allottee
subject to the condition that the allottee agrees to pay twenty
per cent of the dues in lump sum in advance. The balance may
be recovered in equated monthly instalments. The instalments
should commensurate with the allotment period specified in
the agreement, and in no case should exceed it. The instalment
shall be levied interest rate applicable to the General Provident
Fund for the relevant period :
Provided further that the allottee shall furnish surety from a
permanent Government employee who may not retire on
superannuation before the total amount is recovered and in
case, the surety takes voluntary retirement or die in harness or
leave service otherwise, the concerned employee shall make
arrangements for other surety ;
(ii) In case the allottee is an employee and a victim of any calamity
natural or otherwise, the portion of outstanding dues not realised
or recovered till then shall be adjusted from the gratuity payable
to him.
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 19
PART 5
Change of Accommodation
28. Change in same type or entitled higher type of
accommodation.—
(i) An allottee to whom an accommodation has been allotted under these Bye-laws may apply for a change to another same type of accommodation only after taking physical possession of accommodation allotted under initial allotment ;
(ii) Only one change shall be allowed in the same type of
accommodation to the allottee ;
(iii) An allottee, who intends to change the accommodation already allotted to him shall make an application to the Commissioner, and thereafter, the name of such allottee shall be included in the concerned type unified waiting list ;
(iv) The change of same type of accommodation shall be offered as per the priority in accordance with these Bye-laws and having regard to the allottee's preference :
Provided that no change in the same type of accommodation shall be allowed to an employee who is retiring on superannuation within six months ;
(v) If an allottee fails to accept a change of accommodation offered to him within eight days of the issue of such offer or allotment, he shall not be considered again for a change of accommodation for that type of accommodation ;
(vi) An allottee, who, after accepting a change of accommodation fails to take possession of the same, shall be charged one month license fee for such accommodation in accordance with the provisions of these Bye-laws in addition to the normal license fee for the accommodation already in his possession the allotment of which shall continue to subsist :
Provided that if the Corporation fails to make the accommodation offered on change habitable within the prescribed time period, a certificate from the concerned Executive Engineer shall be furnished in this regard by Corporation and allottees will be exempted from payment of license fee for the intervening period in such cases ;
20 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
(vii) The allottee shall ensure before applying for change of accommodation that he continues to be entitled for that type of accommodation on the basis of revised entitlement as well as other conditions governing such change of accommodation and the Corporation shall verify this fact before accepting the prescribed acceptance form of the applicant ;
(viii) No change of accommodation shall be allowed to an allottee under this Clause if an enquiry is under progress against the allottee on the charge of subletting.
29. Change of accommodation on medical grounds.—Requests for change on medical grounds may be entertained only in such cases where the allottee or a member of his family living with him, after the allotment of the accommodation has developed a disease necessitating change of accommodation :
Provided that a medical certificate from a Head of Department of the Specialty of concerned disease of a Government Hospital indicating the nature and extent of physical handicap or disease and recommending such a change is furnished.
PART 6
Surrender of Allotment of Accommodation
30. Surrender of an allotment and period of notice.—
(i) An allottee may surrender an allotment of accommodation at any time during the allotment period by giving intimation to the Corporation at least five days before the date of vacation of the residential accommodation. The allotment shall be deemed to be cancelled with effect from the sixth day after the day on which the letter is received by the Municipal Corporation or the date specified in the letter whichever is later. If he fails to give such notice, he shall be responsible for payment of the license fee till his allotment is cancelled after receiving written notice from him ;
(ii) An allottee who surrenders the residential accommodation under clause 30 (i) of these Bye-laws shall not be considered again for allotment of residential accommodation at the same station for a period of one year from the date of such surrender ;
(iii) Advance license fee, if paid, shall not be refunded.
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 21
PART 7
Maintenance of Accommodation
31. Maintenance of accommodation by the allottee.—
(i) The allottee to whom a residential accommodation has been allotted shall maintain the residence and premises in a clean
condition and such allottee shall not grow any tree, shrubs or plants contrary to the instructions issued by the Corporation or by its maintenance agency nor cut or lop off any existing tree or shrubs in any garden, courtyard or compound attached to the accommodation save with the prior permission in writing of the concerned maintenance agencies ;
(ii) Trees, plantation or vegetation, grown in contravention of this Clause may be caused to be removed by the concerned maintenance agency at the risk and cost of the allottee concerned.
32. Cooperation with maintenance agency by the allottees to
carry out repair works.—
(i) All allottees of a ccommodation will cooperate with respective maintenance agencies/Corporation of residential accommodation in carrying out all kinds of repair or renovation works ;
(ii) In case a complaint for non-cooperation is received from
maintenance agency/Corporation against any allottee, strict action shall be taken against him as per these Bye-laws and the instructions issued by the Corporation from time to time.
33. Misuse of residential accommodation for trade or business
or any commercial or any other unauthorised activity.—
(i) The accommodation shall be used for residential purpose only
by the allottee and other authorized persons as per these Bye- laws ;
(ii) Action shall be taken against the allottee for unauthorized use of the allotted residential accommodation, either partially fully, for trade or business or any commercial or any other unauthorized activity, as per these Bye-laws and instructions
issued by the Corporation in this regard from time to time.
22 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
34. Payment of requisite charge or fee for public utility services.—
(i) The allottees of accommodation shall pay the charges and fees for all utility services such as electricity, water, etc., regularly on receipt of the bill for such payment ;
(ii) In case an allottee has not paid the dues to the public utility authorities before vacation or surrender of the accommodation, vacation or surrender of accommodation shall not be accepted by the Corporation.
PART 8
Unauthorized Occupation
35. Authorized Officer.—The Corporation shall appoint an officer not below the rank of Assistant Commissioner, as Authorized Officer for exercising powers under this part for issuance of vacation notice, show cause notice, cancellation order and carrying out eviction proceedings etc. for ousting unauthorized occupants from residential accommodation of the Corporation.
36. Unauthorised occupation after cancellation of allotment.— Where, after an allotment of accommodation has been cancelled or is deemed to have been cancelled under any provisions of these Bye-laws, the accommodation remains or has remained in occupation of the allottee to whom it was allotted or of any person claiming through, such allottee shall be liable to pay damages at the market rate of license fee plus 10 per cent compound interest on monthly rests, for use and occupation of the accommodation, services, furniture and garden charges.
37. Issue of vacation notice and show cause notice to the allottees.—
(i) The vacation notice shall be issued to all the allottees of accommodation or to their families at least thirty days before the date of expiry of the permissible period of retention and where the agreement is not renewed ;
(ii) In case where the allottees have not vacated the quarters after expiry of permissible retention period, the concerned authority will issue show cause notice to such unauthorized occupants ;
(iii) Disciplinary proceedings against Corporations employees who
are residing unauthorisedly shall be initiated ;
(iv) In case of failure to vacate the allotted accommodation, the matter shall be referred to the Corporation for appropriate No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 23
disciplinary action against him and damages shall be charged
for such unauthorized occupation.
38. Issue of notice to show cause against order of eviction.—
(i) The authorized officer shall issue in the manner hereinafter
provided a notice in writing calling upon such person concerned
(or allottee) to show cause why an order of eviction should
not be made—
a. The notice shall—
specify the grounds on which the order of eviction is
proposed to be made ; and
require all persons concerned, who are, or may be, in
· ·
occupation of or claim interest in, the residential
accommodation,—
to show cause, if any, against the proposed order on or
before such date as is specified in the notice, being a
date not earlier than seven days from the date of issue
thereof ; and
to appear before the (authorized officer) on the date
specified in the notice along with the evidence which they
intend to produce in support of the cause shown, and also
for personal hearing, if such hearing is desired ;
b. The authorized officer shall cause the notice to be served
by having it affixed on the outer door or some other
conspicuous part of the residential accommodation, and in
such other manner as may be prescribed, whereupon the
notice shall be deemed to have been duly given to all persons
concerned ;
c. Where the authorized officer knows or has reasons to believe
that any persons are in occupation of the public premises,
then, without prejudice to the provisions of sub-clause (b),
he shall cause a copy of the notice to be served on every
such person by post or by delivering it to that person or in
such other manner as may be prescribed.
24 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
39. Eviction of unauthorized occupants.—
(i) After considering cause, if any, shown by any person in pursuance of a notice under Clause 38 and any evidence produced by him in support of the same and after personal hearing, if any, the Authrorized Officer is satisfied that the public premises are in unauthorized occupation, the Authorized Officer shall make an order of eviction, for reason to be recorded therein directing that the residential accommodation shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises ;
(ii) If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within seven days of the date of its publication whichever is later, the Authorized Officer or any other officer duly authorized by the Commissioner in this behalf may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from and take possession of, the residential accommodation and may, for that purpose, use such force as may be necessary.
PART 9
Subletting of Accommodation
40. Procedure for conduct subletting inspection.—The procedure to conduct subletting inspections by the authorized officials shall be such as may be specified by the Corporation from time to time.
41. Persons to reside with allottee.—
(i) The allottee shall reside in the accommodation allotted to him
with his family ;
(ii) In case any relationship ceases by any order of court of law,
such relation shall not reside with the allottee ;
(iii) The servant quarters, out-houses and garages may be used for the bona fide purposes only as permitted by the Corporation ;
(iv) The allottee who shares the accommodation with his family shall furnish prior intimation to the Corporation in such form as may be specified by the Corporation, furnishing full particulars No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 25
of his family members or immediate relations residing in the accommodation allotted to him.
42. Subletting of accommodation.—
(i) If an allottee to whom an accommodation has been allotted, unauthorizedly sublets the accommodation, the Corporation may without prejudice to any other disciplinary action that may be taken against him, cancel the allotment of the accommodation from the date of inspection ;
(ii) If an allottee sublets an accommodation allotted to him or any portion thereof in contravention of these Bye-laws, he may without prejudice to any other action that may be taken against him, be charged such damages from the date of inspection by the Corporation/maintenance agency, as may be determined by Corporation from time to time, in this respect ;
(iii) The Corporation shall be competent to—
a. take all or any of the actions provided under this Clause ;
b. declare the allottee to be ineligible for allotment of residential accommodation for the remaining period of his service ;
c. Intimate to the office of the allottee for initiating disciplinary proceedings for major penalty under the relevant Bye-laws.
43. Appeals.—
(i) Divisional Commissioner of the concerned Division shall be the Appellate Authority for appeals against the eviction made under Clause 39 ;
(ii) An appeal under sub-clause (i) above shall be preferred against an order issued under clause 39 within seven days from the date of publication of the order :
Provided that the appellate officer may entertain the appeal after the expiry of the said period of seven days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time ;
(iii) Where an appeal is preferred from an order of the authorized officer, the appellate officer may stay the enforcement of that order for such period and on such condition as he deems fit ;
(iv) Every appeal under this clause shall be disposed of by the
appellate officer within fifteen working days ;
(v) The costs of any appeal under this clause shall be in the
discretion of the appellate officer.
26 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
44. Finality of orders.—Save as otherwise expressly provided in these Bye-laws, every order made by an authorized officer or appellate officer under these Bye-laws shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted 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 these Bye-laws.
PART 10
Consequences of Breach of these Bye-laws
45. Consequences of breach of Bye-laws.—If an allottee to whom a residential accommodation has been allotted sublets partly or wholly the residence or shares it with unauthorized person(s) or erects an unauthorized structures in any part of the residential accommodation or uses any portion of it for any purposes other than that for which it has been allotted or tampers with electric or water connections or commits any breach of the regulations and terms and conditions of allotment or uses the residential accommodation or permits it to be caused for any purpose which the Corporation consider to be improper or conducts himself in a manner which, in the opinion of the Corporation is prejudicial to the maintenance of harmonious relation with neighbors or has knowingly furnished incorrect and false information in any application or written statement with a view to secure the allotment, the Corporation shall without prejudice to any other disciplinary action that may be taken against him under these Bye-laws, cancel the allotment of the residential accommodation.
Explanation :—The expression "allottee" for purposes of this clause includes a member of his family and any person staying with the allottee.
PART 11
Delegation of Powers
46. Delegation of Powers and functions.—Cases of all fresh allotments shall be placed before the Mayor through the Commissioner for consideration and approval after the Allotment Committee have examined and recommended the allotment :
Provided that the Commissioner will dispose of the following cases
under the provision of these Bye-laws :—
Renewal/change of allotment which are otherwise covered under the provisions of these Bye-laws.
Eviction of unauthorized occupants.
No. 38-4] The J&K Govt. Gazette, 17th Dec., 2020/26th Agra., 1942. 27
PART 12
Miscellaneous
47. Continuance of residential accommodation allotment made prior to these Bye-laws.—Allotment made by the Municipal Corporation from time to time for the residential accommodation of the Corporation in possession of any employee/non-employee/retiree or any other person which are not eligible under these Bye-laws shall be deemed to be unauthorized except in the case of presently serving employees in the Corporation, which too shall be re-visited and further continuation/allotment to be made afresh on year to year basis (not exceeding beyond one year in the first instance) as per these Bye-laws. However, for continuance of allotment in respect of non-employees/retired persons or any other person in possession of the residential accommodation of Corporation, shall be charged license fee at market rates. Provided that the further allotment/continuance of earlier allottee shall be governed as per the options made hereunder.–
| Category of Allottee ————————————————————————————— Employee(s) of the corporation | Status Still in service | Option of retention or eviction Shall be allowed to continue to retain accommodation and normal license fee to be charged monthly as notified. However, said allotment made before these Bye-laws shall be re-visited and further shall come into force from the date of issuance continuation/allot- ment orders to be made afresh on year to year basis as per these Bye- laws. |
| Employees posted in corporation on deputation basis | Still posted in JMC/ SMC | Allowed to continue residential accommodation and normal license fee to be charged monthly till they remain on deputation to the Corporation. |
| Occupants other than the employees including retired employees of the corporation or any other department. | Authorized occupants | Those occupants having valid allotment orders and intends to retain accommo- dation shall be allowed to continue subject to payment of license fee at market rates as may be determined under these Bye-laws with upward revision of rent @ 15% after every 3 years |
| Occupants other than the Original allottees | Un- authorized· occupants | They shall be evicted under the relevant provision of these Bye-laws. |
28 The J&K Govt. Gazette,17th Dec., 2020/26th Agra., 1942. [No.38-4
48. Renewal of Agreement.—Where a allottee has a valid allotment order and has entered into valid agreement with the Corporation, including those who have been allotted residential accommodation before notification of these Bye-laws shall be considered for renewal of their agreements under the provisions of these Bye-laws by the Allotment Committee till such allottees remain eligible for allotment of accommodation under these Bye-laws, on year to year basis for residential accommodation.
49. Interpretation of Bye-laws.—If any question arises as to the interpretation of these Bye-laws. It shall be referred to the Government for a decision and such decision shall be final.
50. Furnishing of Information to the Government.—The Municipal Corporation shall furnish the information on the outcome of the disciplinary proceedings in respect of the concerned employee on proven subletting cases within one month after issue of orders in this regard.
(Sd.) ANVY LAVASA, IAS,
Commissioner, Municipal Corporation, Jammu.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Fri., the 26th July, 2019/4th Srav., 1941. [No. 17-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE NEW DELHI INTERNATIONAL ARBITRATION CENTRE ACT, 2019
(Act No. 17 of 2019)
[26th July, 2019.]
An Act to provide for the establishment and incorporation of the New Delhi International Arbitration Centre for the purpose of creating an independent and autonomous regime for institutionalised arbitration and for acquisition and transfer of the undertakings of the International Centre for Alternative Dispute Resolution and to vest such undertakings in the New Delhi International Arbitration Centre for the better management of arbitration so as to make it a hub for institutional arbitration and to declare the New Delhi International Arbitration Centre 2 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
to be an institution of national importance and for matters connected therewith or incidental thereto.
WHEREAS, dispute resolution process has a huge impact on the Indian economy and global perception on doing business in our country
and it has become necessary to inspire confidence and credibility among the litigants of commercial disputes ;
AND WHEREAS, rapidly changing economic activity demands expeditious settlement of disputes and creation and establishment of institutional arbitration ;
AND WHEREAS, the International Centre for Alternative Dispute
Resolution was set up in the year 1995, under the aegis of the Central Government and registered under the Societies Registration Act, 1860 (21 of 1860) with the objective of promoting alternative dispute resolution mechanism and providing facilities for the same ;
AND WHEREAS, the International Centre for Alternative Dispute Resolution has received land and substantial funding by way of grants
and other benefits from the Central Government for constructing infrastructure and making other facilities ;
AND WHEREAS, the International Centre for Alternative Dispute Resolution has not been able to actively engage and embrace developments in the arbitration ecosystem and to create a reputation
par excellence keeping pace with the dynamic nature of arbitration over more than two decades ;
AND WHEREAS, studies conducted by the High Level Committee appointed by the Central Government indicate that the International Centre for Alternative Dispute Resolution has failed to address the growing needs of the institutional arbitration and also to bear optimum
caseload and to become better choice to the parties for arbitration ;
AND WHEREAS, it has become expedient to take over the undertakings of the International Centre for Alternative Dispute Resolution including its regional offices without interfering with its activities and without adversely affecting its character as a Society but to utilise its existing infrastructure and other facilities which have been No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
set up by using the public funds provided by the Government and to incorporate a robust institution for domestic and international arbitration to be known as the New Delhi International Arbitration Centre ;
AND WHEREAS, it is considered necessary to declare the New Delhi International Arbitration Centre as an institution of national importance for its overall development as a major arbitration hub by promoting quick and efficient dispute resolution mechanism.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
1. Short title and commencement.—This Act may be called
the New Delhi International Arbitration Centre Act, 2019.
(2) It shall be deemed to have come into force on the 2nd March,
2019.
2. Definitions.—(1) In this Act, unless the context otherwise
requires,—
(a) "Centre" means the New Delhi International Arbitration Centre established and incorporated under section 3 ;
(b) "Chairperson" means the Chairperson of the Centre referred
to in clause (a) of section 5 ;
(c) "Chief Executive Officer" means the Chief Executive
Officer appointed under section 21 ;
(d) "Committee" means the relevant Committee of the Centre
referred to in section 19 ;
(e) "Custodian" means the person who is appointed as Custodian under sub-section (2) of section 11 in respect of the undertakings ;
4 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(f) "Fund" means the Fund of the Centre to be maintained
under section 25 ;
(g) "Member" means Full-time or Part-time Member of the
Centre and includes the Chairperson ;
(h) "notification" means a notification published in the Official
Gazette ;
(i) "prescribed" means prescribed by rules made by the Central
Government under this Act ;
(j) "regulations" means the regulations made by the Centre
under this Act ;
(k) "Society" means the International Centre for Alternative
Dispute Resolution, registered as such under the Societies
Registration Act, 1860 (21 of 1860) and having its registered
office at New Delhi ;
(l) "specified date" means the date as may be specified by
the Central Government by notification ;
(m) "undertakings" means the undertakings of the Society which
vests with the Central Government under section 7.
(2) All other words and expressions used herein but not defined
and defined in the Arbitration and Conciliation Act, 1996 (26 of 1996)
shall have the same meanings as assigned to them in that Act.
CHAPTER II
Establishment and Incorporation of New Delhi International
Arbitration Centre
3. Establishment and incorporation of New Delhi
International Arbitration Centre.—(1) The Central Government shall,
by notification, establish a body to be called the New Delhi International
Arbitration Centre for the purposes of exercising the powers and
discharging the functions under this Act.
No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) The Centre shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.
4. Declaration of New Delhi International Arbitration Centre
as an institution of national importance.—(1) Whereas, the objects of the New Delhi International Arbitration Centre are such as to make it as an institution of national importance, it is hereby declared that the New Delhi International Arbitration Centre is an institution of national importance.
(2) The head office of the Centre shall be at New Delhi and it may with the previous approval of the Central Government, establish branches at other places in India and abroad.
5. Composition of Centre.—The Centre shall consist of the
following Members, namely :—
(a) a person, who has been a Judge of the Supreme Court or a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, law or management, appointed by the Central Government in consultation with the Chief Justice of India––Chairperson ;
(b) two eminent persons having substantial knowledge and experience in institutional arbitration, both domestic and international, appointed by the Central Government––Full- time Members or Part-time Members ;
(c) one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government––Part-time Member ;
(d) Secretary, Department of Legal Affairs, Ministry of Law and Justice or his representative, not below the rank of the Joint Secretary––Member, ex-officio ;
(e) one Financial Adviser nominated by the Department of Expenditure, Ministry of Finance––Member, ex-officio ; and 6 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(f) Chief Executive Officer––Member, ex-officio.
6. Terms and conditions, etc., of Chairperson and Members.—(1) The Chairperson and Members shall hold office for a term of three years from the date on which they enter upon their office and shall be eligible for re-appointment :
Provided that no Chairperson or Member shall hold office as such after he has attained the age of seventy years in the case of Chairperson and sixty-seven years in the case of a Member.
(2) The terms and conditions, salary and allowances payable to the Chairperson and Full-time Member shall be such as may be prescribed.
(3) The term of office of a Member appointed to fill a casual vacancy shall be for the remainder of the term of the Member in whose place he has been appointed.
(4) The Part-time Member shall be entitled to such travelling and
other allowances as may be prescribed.
CHAPTER III
Acquisition and Transfer of Undertakings of Society
7. Transfer and vesting.—On and from the specified date, so much of the undertakings of the Society as form part of, or are relatable to the Society, and the right, title and interest of the Society in relation to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the Central Government.
8. General effect of vesting.—(1) The undertakings vested under section 7 shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property (movable and immovable), including lands, buildings, works, projects, instruments, automobiles and other vehicles, cash balances, funds, including reserve funds, investments and book debts of the Society as form part of, or are relatable to, the Society and all other rights and interest arising out of such properties as were immediately before the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) in the ownership, possession, power or control of the Society, and all books of account, registers and all other documents of whatever nature relating thereto.
No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) All properties and assets as aforesaid which have vested in the Central Government under section 7 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them or of any attachment, injunction, decree or order of any court or other authority restricting the use of such properties or assets in any manner or appointing any receiver in respect of the whole or any part of such properties or assets shall be deemed to have been withdrawn.
(3) Any licence or other instrument granted to the Society in relation to any undertaking which has vested in the Central Government under section 7 at any time before the specified date and in force immediately before the specified date, shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purpose of such undertaking or where the undertaking is directed under section 10, to vest in the Centre, the Centre shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to the Centre and the Centre shall hold it for the remainder of the period which the Society would have held it under the terms thereof.
(4) If, on the specified date, any suit, appeal or other proceeding, of whatever nature, in relation to any property or asset which has vested in the Central Government under section 7, instituted or preferred by or against the Society is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the Society of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government or where the undertakings of the Society are directed under section 10, to vest in the Centre, by or against the Centre.
9. Liability prior to specified date.—Every liability in relation to any undertaking in respect of any period prior to the specified date, shall be enforceable against the Society and not against the Central Government.
10. Power of Central Government to direct vesting of undertaking in Centre.—(1) Notwithstanding anything contained in sections 7 and 8, the Central Government shall, as soon as may be after the specified date, direct by notification, that the undertakings and the right, title and interest of the Society in relation to such 8 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
undertakings which had vested in the Central Government under section 7, shall, vest in the Centre either on the date of publication of the notification or on such earlier or later date as may be specified in the notification.
(2) Where the right, title and interest of the Society in relation to the undertakingsvest, under sub-section (1), in the Centre, the Centre shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, the rights and liabilities, respectively, of the Centre.
11. Management, etc., of undertakings.—(1) The general superintendence, direction, control and management of affairs of the undertakings, the right, the interest in relation to which have vested in the Central Government under section 7, shall––
(a) where a direction has been made by the Central Government under sub-section (1) of section 10, vest in the Centre ; or
(b) where no such direction has been made by the Central Government, vest in the Custodian appointed by the Central Government under sub-section (2), and, thereupon, the Centre or the Custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the Society, is authorised to exercise and do in relation to its undertakings.
(2) The Central Government may appoint any person as the Custodian of the undertakings in relation to which no direction has been made by it under sub-section (1) of section 10.
(3) The Custodian so appointed shall receive such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government.
12. Duties of persons in charge of management of undertakings to deliver all assets.—(1) On the vesting of the management of the undertakings in the Centre or on the appointment of a Custodian under sub-section (2) of section 11, all persons in charge of management of the undertakings immediately before such vesting or appointment shall No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
be bound to deliver to the Centre or Custodian, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings.
(2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Custodian as to the powers and duties of the Custodian and such Custodian may also, if it is considered necessary so to do, apply to the Central Government at any time for instructions as to the manner in which the management of the undertaking shall be conducted or in relation to any other matter arising in the course of such management.
(3) Any person who on the specified date, has in his possession or under his control, any books, documents or other papers relating to the undertakings shall be liable to account for the said books, documents or other papers to the Central Government or the Custodian or the Centre, as the case may be, and shall deliver them to the Central Government or the Custodian or the Centre or to such person or body of persons as the Central Government or the Centre may specify in this behalf.
(4) The Central Government or the Centre may take or cause to be taken, all necessary steps for securing possession of all undertakings which have vested in the Central Government or the Centre under this Act.
(5) The Society shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all its properties and assets, as on the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) pertaining to the undertaking and for this purpose, the Central Government or Custodian or the Centre shall afford to the Society, or body all reasonable facilities.
13. Certain powers of Central Government or Centre.—The Central Government or the Custodian or the Centre shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the Society in relation to its undertakings which have vested in the Central Government or Custodian or the Centre, as the case may be, and realised after the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) notwithstanding that the realisation pertains to a period prior to 10 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019).
14. Objects of Centre.—The objects of the Centre shall be,––
(a) to bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration ;
(b) to promote research and study, providing teaching and training, and organising conferences and seminars in arbitration, conciliation, mediation and other alternative dispute resolution matters ;
(c) to provide facilities and administrative assistance for
conciliation, mediation and arbitral proceedings ;
(d) to maintain panels of accredited arbitrators, conciliators and mediators both at national and international level or
specialists such as surveyors and investigators ;
(e) to collaborate with other national and international institutions and organisations for ensuring credibility of the Centre as a specialised institution in arbitration and conciliation ;
(f) to set up facilities in India and abroad to promote the
activities of the Centre ;
(g) to lay down parameters for different modes of alternative dispute resolution mechanisms being adopted by the Centre ; and
(h) such other objectives as it may deem fit with the approval
of the Central Government.
15. Functions of Centre.—Without prejudice to the provisions
contained in section 14, the Centre shall strive,––
(a) to facilitate for conducting international and domestic arbitration and conciliation in the most professional manner ;
No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) to provide cost effective and timely services for the conduct of arbitration and conciliation at national and international level ;
(c) to promote studies in the field of alternative dispute resolution and related matters, and to promote reforms in the system of settlement of disputes ;
(d) to undertake teaching and to provide for diffusion of knowledge of law and procedures on alternative dispute resolution and related matters and to award certificates and other academic or professional distinction ;
(e) to impart training in alternative dispute resolution and related matters to those who are handling arbitration, conciliation and mediation ;
(f) to co-operate with other societies, institutions and organisations, national or international for promoting alternative dispute resolution ; and
(g) to perform such other functions as may be entrusted to it by the Central Government for promoting alternative dispute resolution.
16. Vacancies, etc., not to invalidate proceedings of Centre.— No act or proceedings of the Centre shall be invalid merely by reason of,––
(a) any vacancy or any defect in the constitution of the
Centre ; or
(b) any defect in the appointment of a person acting as a
Member of the Centre ; or
(c) any irregularity in the procedure of the Centre not affecting
the merits of the case.
17. Resignation of Members.—The Chairperson or the Full-time Member or Part-time Member may, by notice in writing, under his hand addressed to the Central Government, resign his office :
Provided that the Chairperson or the Full-time Member shall, unless he is permitted by the Central Government to relinquish his 12 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earlier.
18. Removal of Members.—(1) The Central Government may,
remove a Member from his office if he,––
(a) is an undischarged insolvent ; or
(b) has engaged at any time (except Part-time Member), during
his term of office, in any paid employment ; or
(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude ; or
(d) has acquired such financial or other interest as is likely to
affect prejudicially his functions as a Member ; or
(e) has so abused his position as to render his continuance in
office prejudicial to the public interest; or
(f) has become physically or mentally incapable of acting as
a Member.
(2) Notwithstanding anything contained in sub-section (1), no Member shall be removed from his office on the grounds specified in clauses (d) and (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.
19. Committees of Centre.—(1) The Centre may constitute such Committees as may be considered necessary to administer various aspects of its functions.
(2) The composition and functions of the Committees referred to
in sub-section (1) shall be such as may be prescribed.
(3) The Committee shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
of business at its meetings including the quorum as may be specified by the regulations.
20. Meetings of Centre.—(1) The Chairperson shall ordinarily
preside at the meetings of the Centre :
Provided that, in his absence, the Member chosen by the other Members present amongst themselves shall preside at the meetings.
(2) It shall be the duty of the Chairperson to ensure that the
decisions taken by the Centre are implemented.
(3) The Chairperson shall exercise such other powers and perform
such other duties as are assigned to him under this Act.
(4) The Centre shall meet at least four times a year and follow such procedure in its meetings including quorum at such meetings in such manner as may be specified by the regulations.
(5) All questions which come up before any meeting of the Centre
shall be––
(a) decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding, shall have a casting vote ;
(b) dealt with as expeditiously as possible and the Centre shall dispose of the same within a period of sixty days from the date of receipt of the application :
Provided that where any such application could not be disposed of within the said period of sixty days, the Centre shall record its reasons in writing for not disposing of the application within that period.
(6) The Chairperson may invite any expert, not being a Member, to attend the meetings of the Centre, but such invitee shall not be entitled to vote at the meeting.
21. Chief Executive Officer.—(1) There shall be a Chief Executive Officer of the Centre who shall be responsible for 14 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
day-to-day administration of the Centre and for this purpose, he shall maintain liaison with the Centre and the Secretariat.
(2) The appointment, qualifications and the terms and conditions of services of the Chief Executive Officer shall be such as may be specified by the regulations.
(3) The Chief Executive Officer shall exercise such powers and discharge such functions as may be specified by regulations or as may be delegated to him by the Centre.
22. Delegation of powers.—The Centre may, for the purpose of discharging of its powers, functions and duties, by general or special order in writing, specify the powers and duties conferred or imposed upon the Centre by or under this Act (except the power to make regulation) which may also be exercised or performed by the Chief Executive Officer or any officer or officers of the Centre and the conditions and restrictions, if any, subject to which the powers and duties may be exercised and performed.
23. Secretariat.—(1) There shall be a Secretariat to the Centre
consisting of—
(a) Registrar, who shall supervise the activities of the Centre ;
(b) Counsel, dealing with the matters relating to domestic and
international arbitration ; and
(c) such number of other officers and employees as may be
prescribed.
(2) The qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees shall be such as may be prescribed.
CHAPTER IV
Finance, Accounts and Audit
24. Grants by Central Government.—The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Centre in each financial year such sums of money and in No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
such manner as it may think fit for being utilised for the purposes of this Act.
25. Fund of Centre.—(1) The Centre shall maintain a Fund to
which shall be credited,—
(a) all monies provided by the Central Government ;
(b) all fees and other charges received during or in connection with the arbitration, conciliation, mediation or other proceedings ;
(c) all monies received by the Centre for the facilities provided
by it to the parties ;
(d) all monies received by the Centre in the form of donations, grants, contributions and income from other sources ; and
(e) the amount received from the investment income.
(2) All monies credited to the Fund shall be deposited in such banks or invested in such manner as may be decided by the Centre.
(3) The Fund shall be applied towards meeting the salary and other allowances of Members and the expenses of the Centre including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
26. Accounts and audit.—(1) The Centre shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance sheet, in such form and manner as may be prescribed in consultation with the Comptroller and Auditor- General of India.
(2) The accounts of the Centre shall be audited by the Comptroller and Auditor- General of India and any expenditure incurred by him in connection with such audit shall be payable by the Centre to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Centre shall have the same rights, privileges and authority in connection 16 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Centre.
(4) The accounts of the Centre as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament.
27. Assessment of assets and liabilities of undertaking.—The assets and liabilities in relation to any undertaking under this Act shall be caused to be assessed by any agency authorised by the Comptroller and Auditor-General of India in such manner as may be specified by him and any payment on a claim to be made in relation thereto shall be settled by him between the Society and the Central Government and shall be paid by the Society or the Central Government, as the case may be, in the manner as may be specified by the Comptroller and Auditor-General of India.
CHAPTER V
Chamber of Arbitration and Arbitration Academy
28. Chamber of Arbitration.—(1) The Centre shall, establish a Chamber of Arbitration which shall empanel the Arbitrators and also scrutinise the applications for admission in the panel of reputed arbitrators to maintain a permanent panel of arbitrators.
(2) The Chamber of Arbitration shall consist of experienced arbitration practitioners of repute, at national and international level and persons having wide experience in the area of alternative dispute resolution and conciliation.
(3) The Centre shall by regulations lay down the criteria for admission to the panel of the cadre so as to maintain a pool of reputed arbitrators having expertise in international commercial arbitration and arbitration other than international commercial arbitration.
(4) The Registrar to the Secretariat of the Centre shall act as the
Member-Secretary to the Chamber of Arbitration.
No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
29. Arbitration Academy.—(1) The Centre may establish an
Arbitration Academy––
(a) to train the arbitrators, particularly in the area of international commercial arbitration to compete on par with the reputed international arbitral institutions ;
(b) to conduct research in the area of alternative dispute
resolution and allied areas ; and
(c) to give suggestions for achieving the objectives of the Act.
(2) For the purposes of sub-section (1), there may be constituted a permanent three member committee in order to suggest and to submit a report to the Centre with respect to the amendments, if any, necessary to the rules and regulations made under this Act.
CHAPTER VI
Miscellaneous
30. Power to make rules.—(1) The Central Government may,
by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may make provision for—
(a) the terms and conditions and the salary and allowances payable to the Chairperson and Full-time Members under sub-section (2) of section 6 ;
(b) the travelling and other allowances payable to the Part-
time Members under sub-section (4) of section 6 ;
(c) the composition and functions of the Committees referred
to in sub-section (2) of section 19 ;
(d) the number of officers and employees of the Secretariat of the Centre under clause (c) of sub-section (1) of section 23 ;
(e) the qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers 18 The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. [No. 17-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
and employees of the Centre under sub-section (2) of section 23 ;
(f) annual statement of accounts, including the balance sheet
under sub-section (1) of section 26 ; and
(g) any other matter in respect of which provision is to be
made or may be made under this Act.
31. Power to make regulations.—(1) The Centre may, with the previous approval of the Central Government, by notification, make regulations consistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may make provision for––
(a) the time and place and the rules of procedure to be observed in regard to the transaction of business of the Committee at the meetings including the quorum under sub-section (3) of section 19 ;
(b) the time and place and rules of procedure in regard to the transaction of business of the Centre or any Committee including the quorum at the meeting under sub-section (4) of section 20 ;
(c) the appointment, qualifications and the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 21 ;
(d) the powers and functions of the Chief Executive Officer
under sub-section (3) of section 21 ;
(e) the criteria for admission to the panel of reputed arbitrators
under sub-section (3) of section 28 ; and
(f) any other matter in respect of which provision, in the opinion of the Centre, is necessary for the performance of its functions under this Act.
No. 17-1] The J&K Govt. Gazette, 26th July, 2019/4th Srav., 1941. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
32. Laying of rules and regulations.—Every rule and regulation made 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.
33. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Centre, the Chairperson or Members or its employees and arbitrators for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
34. Power to remove difficulty.—(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 may appear to it to be necessary for removing the difficulty :
Provided that no such order shall be made under this section after the expiry of a per iod of two year s from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of Parliament.
35. Repeal and savings.—(1) The New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the New Delhi International Arbitration Centre Ordinance, 2019, (Ord. 10 of 2019) shall be deemed to have been done or taken under the provisions of this Act.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Tue., the 23rd July, 2019/1st Srav., 1941. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE AADHAAR AND OTHER LAWS (AMENDMENT) ACT, 2019
(Act No. 14 of 2019)
[23rd July, 2019.]
An Act to amend the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and further to amend the Indian Telegraph Act, 1885 and the Prevention of Money- laundering Act, 2002.
2 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
PART I
Preliminary
1. Short title and commencement.—(1) This Act may be called
the Aadhaar and Other Laws (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.
PART II
Amendments to the Aadhaar (Targeted Delivery of Financial
and other Subsidies, Benefits and Services) Act, 2016
2. Amendment of Long title of Act 18 of 2016.—In the long title of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (hereafter in this Part referred to as the principal Act), after the words "the Consolidated Fund of India", the words "or the Consolidated Fund of the State" shall be inserted.
3. Amendment of section 2.—In section 2 of the Principal Act,—
(i) for clause (a), the following clause shall be substituted,
namely:—
'(a) "Aadhaar number" means an identification number issued to an individual under sub-section (3) of section 3, and includes any alternative virtual identity generated under sub-section (4) of that section;';
(ii) after clause (a), the following clause shall be inserted,
namely :—
'(aa) "Aadhaar ecosystem" includes enrolling agencies, Registrars, requesting entities, offline verification- No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
seeking entities and any other entity or group of
entities as may be specified by regulations;';
(iii) after clause (b), the following clauses shall be inserted,
namely :—
'(ba) "Adjudicating Officer" means an Adjudicating Officer
appointed under sub-section (1) of section 33B;
(bb) "Appellate Tribunal" means the Appellate Tribunal
referred to in sub-section (1) of section 33C;';
(iv) after clause (i), the following clause shall be inserted,
namely :—
'(ia) "child" means a person who has not completed
eighteen years of age ;';
(v) after clause (p), the following clauses shall be inserted,
namely :—
'(pa) "offline verification" means the process of verifying
the identity of the Aadhaar number holder without
authentication, through such offline modes as may be
specified by regulations ;
(pb) "offline verification-seeking entity" means any entity
desirous of undertaking offline verification of an
Aadhaar number holder ;'.
4. Amendment of section 3.—In section 3 of the principal
Act, after sub-section (3), the following sub-section shall be inserted,
namely :—
"(4) The Aadhaar number issued to an individual under
sub-section (3) shall be a twelve-digit identification number
and any alternative virtual identity as an alternative to the
actual Aadhaar number of an individual that shall be generated
by the Authority in such manner as may be specified by
regulations.".
4 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
5. Insertion of new section 3A.—After section 3 of the principal
Act, the following section shall be inserted, namely :—
"3A. Aadhaar number of children.—The enrolling agency shall, at the time of enrolment of a child, seek the consent of the parent or guardian of the child, and inform the parent or guardian, the details specified under sub-section (2) of section 3.
(2) A child who is an Aadhaar number holder may, within a period of six months of attaining the eighteen years of age, make an application to the Authority for cancellation of his Aadhaar number, in such manner as may be specified by regulations and the Authority shall cancel his Aadhaar number.
(3) Notwithstanding anything in section 7, a child shall not be denied any subsidy, benefit or service under that section in case of failure to establish his identity by undergoing authentication, or furnishing proof of possession of Aadhaar number, or in the case of a child to whom no Aadhaar number has been assigned, producing an application for enrolment.".
6. Amendment of section 4.—In section 4 of the principal Act, for sub-section (3), the following sub-sections shall be substituted, namely :—
"(3) Every Aadhaar number holder to establish his identity, may voluntarily use his Aadhaar number in physical or electronic form by way of authentication or offline verification, or in such other form as may be notified, in such manner as may be specified by regulations.
Explanation.—For the purposes of this section, voluntary use of the Aadhaar number by way of authentication means the use of such Aadhaar number only with the informed consent of the Aadhaar number holder.
(4) An entity may be allowed to perform authentication, if the
Authority is satisfied that the requesting entity is—
(a) compliant with such standards of privacy and security as
may be specified by regulations ; and No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) (i) permitted to offer authentication services under the provisions of any other law made by Parliament ; or
(ii) seeking authentication for such purpose, as the Central Government in consultation with the Authority, and in the interest of State, may prescribe.
(5) The Authority may, by regulations, decide whether a requesting entity shall be permitted the use of the actual Aadhaar number during authentication or only an alternative virtual identity.
(6) Every requesting entity to whom an authentication request is made by an Aadhaar number holder under sub-section (3) shall inform to the Aadhaar number holder of alternate and viable means of identification and shall not deny any service to him for refusing to, or being unable to, undergo authentication.
(7) Notwithstanding anything contained in the foregoing provisions, mandatory authentication of an Aadhaar number holder for the provision of any service shall take place if such authentication is required by a law made by Parliament.".
7. Amendment of section 7.—In section 7 of the principal Act, after the words "the Consolidated Fund of India", the words "or the Consolidated Fund of State" shall be inserted.
8. Amendment of section 8.—In section 8 of the principal Act,—
(a) in sub-section (2),—
(i) in clause (a ), after the words "consent of an individual", the words ", or in the case of a child obtain the consent of his parent or guardian" shall be inserted ;
(ii) after clause (b), the following proviso shall be
inserted, namely:—
"Provided that the requesting entity shall, in case of failure to authenticate due to illness, injury or infirmity owing to old age or otherwise or any technical or other reasons, provide such alternate and viable 6 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
means of identification of the individual, as may be
specified by regulations.";
(b) in sub-section (3), after the words "for authentication,", the
words "or in the case of a child, his parent or guardian"
shall be inserted.
9. Insertion of new section 8A.—After section 8 of the principal
Act, the following section shall be inserted, namely :—
"8A. Offline verification of Aadhaar number.—(1) Every
offline verification of an Aadhaar number holder shall
be performed in accordance with the provisions of this
section.
(2) Every offline verification-seeking entity shall,—
(a) before performing offline verification, obtain the
consent of an individual, or in the case of a child,
his parent or guardian, in such manner as may be
specified by regulations ; and
(b) ensure that the demographic information or any
other information collected from the individual
for offline verification is only used for the purpose
of such verification.
(3) An offline verification-seeking entity shall inform the
individual undergoing offline verification, or in the case of a child, his
parent or guardian, the following details with respect to offline
verification, in such manner as may be specified by regulations,
namely :—
(a) the nature of information that may be shared upon offline
verification ;
(b) the uses to which the information received during offline
verification may be put by the offline verification-seeking
entity ; and No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(c) alternatives to submission of information requested for, if
any.
(4) No offline verification-seeking entity shall—
(a) subject an Aadhaar number holder to authentication ;
(b) collect, use, or store an Aadhaar number or biometric
information of any individual for any purpose ;
(c) take any action contrary to any obligation on it as may be
specified by regulations.".
10. Substitution of new section for section 21.—For section 21
of the principal Act, the following section shall be substituted,
namely :—
"21. Officers and other employees of Authority.—(1) The
Authority shall appoint such officers and employees
as may be required for the discharge of its functions
under this Act.
(2) The salaries and allowances payable to, and the other
terms and conditions of service of, the officers and
employees of the Authority shall be such as may be
specified by regulations.".
11. Insertion of new section 23A.—After section 23 of the
principal Act, the following section shall be inserted, namely :—
"23A. Power of Authority to issue directions.—(1) The
Authority may for the discharge of its functions under
this Act, or any rules or regulations made thereunder,
by order, issue such directions from time to time to
any entity in the Aadhaar ecosystem, as it may consider
necessary.
(2) Every direction issued under sub-section (1) shall be
complied with by the entity in the Aadhaar ecosystem
to whom such direction is issued.".
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12. Substitution of new section for section 25.—For section 25 of the principal Act, the following section shall be substituted, namely :—
"25. (Fund.—(1) There shall be constituted a Fund to be called the Unique Identification Authority of India Fund and there shall be credited thereto—
(a) all grants, fees and charges received by the
Authority under this Act ; and
(b) all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting—
(a) the salaries and allowances payable to the Chairperson and members and administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the Authority; and
(b) the expenses on objects and for purposes
authorised by this Act.".
13. Amendment of section 29.—In section 29 of the principal
Act,—
(a) for sub-section (3), the following sub-section shall be
substituted, namely :—
"(3) No identity information available with a requesting entity or offline verification-seeking entity shall be—
(a) used for any purpose, other than the purposes informed in writing to the individual at the time of submitting any information for authentication or offline verification; or
(b) disclosed for any purpose, other than purposes informed in writing to the individual at the time of submitting any information for authentication or offline verification :
No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Provided that the purposes under clauses (a) and (b) shall be in clear and precise language understandable to the individual.";
(b) in sub-section (4), for the words "or core biometric information", the words '', demographic information or photograph", shall be substituted.
14. Amendment of section 33.—In section 33 of the principal
Act,—
(i) in sub-section (1),—
(a) for the words "District Judge", the words "Judge of
a High Court" shall be substituted ;
(b) in the proviso, after the words "hearing to the Authority", the words "and the concerned Aadhaar number holder" shall be inserted ;
(c) after the proviso, the following proviso shall be inserted,
namely :—
"Provided further that the core biometric information shall not be disclosed under this sub-section.";
(ii) in sub-section (2), for the words "Joint Secretary", the word
"Secretary" shall be substituted.
15. Insertion of new Chapter VIA.—After Chapter VI of the
principal Act, the following Chapter shall be inserted, namely :—
"CHAPTER VIA
Civil Penalties
33A. Penalty for failure to comply with provisions of this Act, rules, regulations and directions.—(1) Where an entity in the Aadhaar ecosystem fails to comply with the provision of this Act, the rules or regulations made thereunder or directions issued by the Authority under section 23A, or fails to furnish any information, document, or return of report required by the Authority, such entity shall be liable to a civil penalty which may extend to one crore rupees for each 10 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
contravention and in case of a continuing failure, with additional penalty which may extend to ten lakh rupees for every day during which the failure continues after the first contravention.
(2) The amount of any penalty imposed under this section, if not
paid, may be recovered as if it were an arrear of land revenue.
33B. Power to adjudicate.—(1) For the purposes of adjudication under section 33A and imposing a penalty thereunder, the Authority shall appoint an officer of the Authority, who is not below the rank of a Joint Secretary to the Government of India and possessing such qualification and experience as may be prescribed, to be an Adjudicating Officer for holding an inquiry in such manner as may be prescribed.
(2) No inquiry under sub-section (1) shall be initiated except by
a complaint made by the Authority.
(3) While holding an inquiry, the Adjudicating Officer shall—
(a) provide the entity in the Aadhaar ecosystem against whom
complaint is made, an opportunity of being heard ;
(b) have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry.
(4) If the Adjudicating Officer, on such inquiry, is satisfied that the entity in the Aadhaar ecosystem has failed to comply with any provision of this Act or the rules or regulations made thereunder or directions issued by the Authority under section 23A, or has failed to furnish any information, document, or return of report required by the Authority, the Adjudicating Officer may, by order, impose such penalty under section 33A as he thinks fit.
33C. Appeals to Appellate Tribunal.—(1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997, (24 of 1997) shall be Appellate Tribunal for the purposes of hearing appeals against the decision of the Adjudicating Officer under this Act.
No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(2) A person or entity in the Aadhaar ecosystem aggrieved by an order of the Adjudicating Officer under section 33B, may prefer an appeal to the Appellate Tribunal within a period of forty-five days from the date of receipt of the order appealed against, in such form and manner and accompanied with such fee as may be prescribed :
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) On receipt of an appeal under sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
(4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the Adjudicating Officer.
(5) Any appeal filed under sub-section (2) shall be dealt with by the Appellate Tribunal as expeditiously as possible and every endeavour shall be made by it to dispose of the appeal within six months from the date on which it is presented to it.
(6) The Appellate Tribunal may, for the purpose of deciding an appeal before it, call for the records relevant to disposing of such appeal and make such orders as it thinks fit.
33D. Procedure and powers of the Appellate Tribunal.—The provisions of sections 14-I to 14K (both inclusive), 16 and 17 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, mutatis mutandis, apply to the Appellate Tribunal in the discharge of its functions under this Act, as they apply to it in the discharge of its functions under that Act.
33E. Appeal to Supreme Court of India.—(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, of the Appellate Tribunal to the Supreme Court on any substantial question of law arising out of such order.
(2) No appeal shall lie against any decision or order made by the
Appellate Tribunal which the parties have consented to.
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(3) Every appeal under this section shall be preferred within a period of forty-five days from the date of the decision or order appealed against :
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
33F. Civil court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer appointed under this Act or the Appellate Tribunal is empowered, by or under this Act to determine, and no injunction shall be granted 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 Act.".
16. Amendment of section 38.—In section 38 of the principal Act, for the words "three years", the words "ten years" shall be substituted.
17. Amendment of section 39.—In section 39 of the principal Act, for the words "three years", the words "ten years" shall be substituted.
18. Substitution of new section for section 40.—For section 40 of the principal Act, the following section shall be substituted, namely :—
"40. Penalty for unauthorised use by requesting entity or
offline verification-seeking entity.—Whoever,—
(a) being a requesting entity, uses the identity information of an individual in contravention of sub-section (2) of section 8 ; or
(b) being an offline verification-seeking entity, uses the identity information of an individual in contravention of sub-section (2) of section 8A, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.".
No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
19. Amendment of section 42.—In section 42 of the principal Act, for the words "one year", the words "three years" shall be substituted.
20. Amendment of section 47.—In section 47 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely :—
"Provided that the court may, on a complaint made by an Aadhaar number holder or individual take cognizance of any offence punishable under section 34 or 35 or 36 or 37 or 40 or section 41.".
21. Insertion of new section 50A.After section 50 of the principal
Act, the following section shall be inserted, namely :—
"50A. Exemption from tax on income. Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to tax on income, profits or gains, the Authority shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains.".
22. Amendment of section 51.—In section 51 of the principal Act, for the words "Member, officer", the words "Member or officer" shall be substituted.
23. Amendment of section 53.—In section 53 of the principal
Act, in sub-section (2),—
(i) after clause (a), the following clause shall be inserted,
namely :—
"(aa) the purpose for which the requesting entity may be allowed by the Authority to perform authentication under sub-clause (ii) of clause (b) of sub-section (4) of section 4 ;";
(ii) after clause (g), the following clauses shall be inserted,
namely :—
"(ga) the qualification and experience of, and the manner of appointment of, the Adjudicating Officer under sub-section (1) of section 33B ;
14 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(gb) the form, manner, and fee for an appeal to be filed
under sub-section (2) of section 33C;".
24. Amendment of section 54.—In section 54 of the principal
Act, in sub-section (2),—
(i) for clause (a), the following clause shall be substituted,
namely :—
(a) the entities or group of entities in the Aadhaar ecosystem under clause (aa), the biometric information under clause (g) and the demographic information under clause (k), the process of collecting demographic information and biometric information from the individua ls by enrolling agencies under clause (m), and the modes of offline verification of Aadhaar number holder under clause (pa) of section 2 ;";
(ii) after clause (b), the following clauses shall be inserted,
namely :—
"(ba) the manner of generating an alternative virtual identity
under sub-section (4) of section 3 ;
(bb) the manner in which cancellation of an Aadhaar number may be carried out under sub-section (2) of section 3A ;";
(iii) after clause (c), the following clauses shall be inserted,
namely :—
"(ca) standards of privacy and security to be complied with by the requesting entities under sub-section (4) of section 4 ;
(cb) the classification of requesting entities under sub-
section (5) of section 4 ;";
(iv) after clause (f), the following clauses shall be inserted,
namely:—
"(fa) the alternate and viable means of identification of individual under the proviso to clause (b) of sub-section (2) of section 8 ;
No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(fb) the manner of obtaining consent under clause (a) of sub-section (2), the manner of providing information to the individual undergoing offline verification under sub-section (3), and the obligations of offline verification-seeking entities under clause (c) of sub-section (4) of section 8A;".
25. Omission of section 57.—Section 57 of the principal Act
shall be omitted.
PART III
Amendment to the Indian Telegraph Act, 1885
26. Amendment of section 4 of Act 13 of 1885.—In section 4 of the Indian Telegraph Act, 1885, after sub-section (2), the following sub-sections shall be inserted, namely :—
'(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by—
(a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) ; or
(b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) ; or
(c) use of passport issued under section 4 of the Passports
Act, 1967 (15 of 1967) ; or
(d) use of any other officially valid document or modes of identification as may be notified by the Central Government in this behalf.
(4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, 16 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person.
(5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number.
(6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information nor the Aadhaar number of the person shall be stored.
(7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services.
Explanation.—The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).'.
PART IV
Amendments to the Prevention of Money-laundering Act, 2002
27. Insertion of new section 11A.—In Chapter IV of the Prevention of Money-laundering Act, 2002 (15 of 2002) (hereafter in this Part, referred to as the principal Act), before section 12, the following section shall be inserted, namely :—
'11A. Verification of identity by reporting entity.—(1) Every reporting entity shall verify the identity of its clients and the beneficial owner, by—
(a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) if the reporting entity is a banking company ; or No. 16-1] The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) ; or
(c) use of passport issued under section 4 of the Passports
Act, 1967 (15 of 1967) ; or
(d) use of any other officially valid document or modes of identification as may be notified by the Central Government in this behalf :
Provided that the Central Government may, if satisfied that a reporting entity other than banking company, complies with such standards of privacy and security under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) and it is necessary and expedient to do so, by notification, permit such entity to perform authentication under clause (a) :
Provided further that no notification under the first proviso shall be issued without consultation with the Unique Identification Authority of India established under sub-section (1) of section 11 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016), and the appropriate regulator.
(2) If any reporting entity performs authentication under clause (a) of sub-section (1), to verify the identity of its client or the beneficial owner it shall make the other modes of identification under clauses (b), (c) and (d) of sub-section (1) also available to such client or the beneficial owner.
(3) The use of modes of identification under sub-section (1) shall be a voluntary choice of every client or beneficial owner who is sought to be identified and no client or beneficial owner shall be denied services for not having an Aadhaar number.
(4) If, for identification of a client or beneficial owner, authentication or offline verification under clause (a) or clause (b) of sub-section (1) is used, neither his core biometric information nor his Aadhaar number shall be stored.
(5) Nothing in this section shall prevent the Central Government from notifying additional safeguards on any reporting entity in respect of verification of the identity of its client or beneficial owner.
18 The J&K Govt. Gazette, 23rd July, 2019/1st Srav., 1941. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Explanation.—The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and ( j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).'.
28. Amendment of section 12.—In section 12 of the principal
Act, in sub-section (1), clauses (c) and (d) shall be omitted.
29. Amendment of section 73.—In section 73 of the principal
Act, in sub-section (2), clauses (j) and (jj) shall be omitted.
30. Repeal and savings.—(1) The Aadhaar and Other Laws (Amendment) Ordinance, 2019 (Ord. 9 of 2019) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 1st Aug., 2019/10th Srav., 1941. [No. 18-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2019
(Act No. 24 of 2019)
[1st August, 2019.]
An Act to amend the Right to Information Act, 2005.
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 Right to Information (Amendment) Act, 2019.
2 The J&K Govt. Gazette, 1st Aug., 2019/10th Srav., 1941.. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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 13.—In the Right to Information Act,
2005 (22 of 2005) (hereinafter referred to as the principal Act), in
section 13,—
(a) in sub-section (1), for the words "for a term of five years
from the date on which he enters upon his office", the
words "for such term as may be prescribed by the Central
Government" shall be substituted ;
(b) in sub-section (2), for the words "for a term of five years
from the date on which he enters upon his office", the
words "for such term as may be prescribed by the Central
Government" shall be substituted ;
(c) for sub-section (5), the following sub-section shall be
substituted, namely :—
"(5) The salaries and allowances payable to and other
terms and conditions of service of the Chief
Information Commissioner and the Information
Commissioners shall be such as may be prescribed
by the Central Government :
Provided that the salaries, allowances and other
conditions of service of the Chief Information
Commissioner or the Information Commissioners shall
not be varied to their disadvantage after their
appointment :
Provided further that the Chief Informa tion
Commissioner and the Information Commissioners
appointed before the commencement of the Right to
Information (Amendment) Act, 2019 shall continue
to be governed by the provisions of this Act and the
rules made thereunder as if the Right to Information No. 18-2] The J&K Govt. Gazette, 1st Aug., 2019/10th Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(Amendment) Act, 2019 had not come into force.".
3. Amendment of section 16.—In section 16 of the principal
Act,—
(a) in sub-section (1), for the words "for a term of five years from the date on which he enters upon his office", the words "for such term as may be prescribed by the Central Government" shall be substituted ;
(b) in sub-section (2), for the words "for a term of five years from the date on which he enters upon his office", the words "for such term as may be prescribed by the Central Government" shall be substituted ;
(c) for sub-section (5), the following sub-section shall be
substituted, namely :—
"(5) The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall be such as may be prescribed by the Central Government :
Provided that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Informa tion Commissioners shall not be varied to their disadvantage after their appointment :
Provided further that the State Chief Information Commissioner and the State Informa tion Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.".
4. Amendment of section 27.—In section 27 of the principal Act, in sub-section (2), after clause (c), the following clauses shall be inserted, namely :—
4 The J&K Govt. Gazette, 1st Aug., 2019/10th Srav., 1941.. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
"(ca) the term of office of the Chief Information Commissioner and Information Commissioners under sub-sections (1) and (2) of section 13 a nd the State Chief Infor mation Commissioner and State Information Commissioners under
sub-sections (1) and (2) of section 16 ;
(cb) the salaries, allowances and other terms and conditions of
service of the Chief Information Commissioner and the
Information Commissioners under sub-section (5) of section
13 and the State Chief Information Commissioner and the
State Information Commissioners under sub-section (5) of
section 16;".
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Mon., the 5th Aug., 2019/14th Srav., 1941. [No. 18-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2019
(Act No. 26 of 2019)
[5th August, 2019.]
An Act further to amend the Insolvency and Bankruptcy Code,
2016.
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 Insolvency and Bankruptcy Code (Amendment) Act, 2019.
2 The J&K Govt. Gazette, 5th Aug., 2019/14th Srav., 1941. [No. 18-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(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 5.—In section 5 of the Insolvency
and Bankruptcy Code, 2016 (31 of 2016) (hereinafter referred to as
the principal Act), in clause (26), the following Explanation shall be
inserted, namely :—
"Explanation.—For the removal of doubts, it is hereby clarified that
a resolution plan may include provisions for the
restructuring of the corporate debtor, including by way
of merger, amalgamation and demerger.".
3. Amendment of section 7.—In section 7 of the principal Act,
in sub-section (4), the following proviso shall be inserted, namely :—
"Provided tha t if the Adjudicating Authority has not
ascertained the existence of default and passed an order under
sub-section (5) within such time, it shall record its reasons in
writing for the same.".
4. Amendment of section 12.—In section 12 of the principal
Act, in sub-section (3), after the proviso, the following provisos shall
be inserted, namely :––
"Provided further that the corporate insolvency resolution
process shall mandatorily be completed within a period of
three hundr ed and thirty days from the insolvency
commencement date, including any extension of the period
of corporate insolvency resolution process granted under this
section and the time taken in legal proceedings in relation to
such resolution process of the corporate debtor :
Provided also that where the insolvency resolution process
of a corporate debtor is pending and has not been completed
within the period referred to in the second proviso, such
resolution process shall be completed within a period of ninety
days from the date of commencement of the Insolvency and
Bankruptcy Code (Amendment) Act, 2019.".
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5. Amendment of section 25A.—In section 25A of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely :––
"(3A) Notwithstanding anything to the contrary contained in sub-section (3), the authorised representative under sub-section (6A) of section 21 shall cast his vote on behalf of all the financial creditors he represents in accordance with the decision taken by a vote of more than fifty per cent, of the voting share of the financial creditors he represents, who have cast their vote :
Provided that for a vote to be cast in respect of an application under section 12A, the authorised representative shall cast his vote in accordance with the provisions of sub-section (3).".
6. Amendment of section 30.—In section 30 of the principal
Act,––
(a) in sub-section (2), for clause (b), the following shall be
substituted, namely :—
"(b) provides for the payment of debts of operational creditors in such manner as may be specified by the Board which shall not be less than––
(i) the amount to be paid to such creditors in the event of a liquidation of the corporate debtor under section 53 ; or
(ii) the amount that would have been paid to such creditors, if the amount to be distributed under the resolution plan had been distributed in accordance with the order of priority in sub-section (1) of section 53,
whichever is higher, and provides for the payment of debts of financial creditors, who do not vote in favour of the resolution plan, in such manner as may be specified by the Board, which shall not be less than the amount to be paid to such creditors in accordance with sub-section (1) of section 53 in the event of a liquidation of the corporate debtor.
4 The J&K Govt. Gazette, 5th Aug., 2019/14th Srav., 1941. [No. 18-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Explanation 1.—For the removal of doubts, it is hereby clarified that a distribution in accordance with the provisions of this clause shall be fair and equitable to such creditors.
Explanation 2.—For the purposes of this clause, it is hereby declared that on and from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019, the provisions of this clause shall also apply to the corporate insolvency resolution process of a corporate debtor––
(i) where a resolution plan has not been approved or
rejected by the Adjudicating Authority ;
(ii) where an appeal has been preferred under section 61 or section 62 or such an appeal is not time barred under any provision of law for the time being in force ; or
(iii) where a legal proceeding has been initiated in any court against the decision of the Adjudicating Authority in respect of a resolution plan;";
(b) in sub-section (4), after the words "feasibility and viability,", the words, brackets and figures "the manner of distribution proposed, which may take into account the order of priority amongst creditors as laid down in sub-section (1) of section 53, including the priority and value of the security interest of a secured creditor" shall be inserted.
7. Amendment of section 31.—In section 31 of the principal Act, in sub-section (1), after the words "members, creditors,", the words "including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed," shall be inserted.
8. Amendment of section 33.—In section 33 of the principal Act, in sub-section (2), the following Explanation shall be inserted, namely:––
"Explanation.—For the purposes of this sub-section, it is hereby declared that the committee of creditors may take the No. 18-4] The J&K Govt. Gazette, 5th Aug., 2019/14th Srav., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
decision to liquidate the corporate debtor, any time after its constitution under sub-section (1) of section 21 and before the confirmation of the resolution plan, including at any time before the preparation of the information memorandum.".
9. Amendment of section 240.—In section 240 of the principal Act, in sub-section (2), in clause (w), for the words "repayment of debts of operational creditors", the words "payment of debts" shall be substituted.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Tue., the 29th Dec., 2020/8th Pausa, 1942. [No. 39-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––C Notifications, Notices and Orders by the Election Commission.
––––––
OFFICE OF THE CHIEF ELECTORAL OFFICER, UNION TERRITORY OF JAMMU AND KASHMIR, NIRVACHAN BHAWAN, RAIL HEAD COMPLEX, JAMMU
"Greater Participation for a Stronger Democracy"
Notification
Jammu, Dated the 29th December, 2020.
Subject :—Notification of the list of duly elected members to the Municipal Corporations, Municipal Councils and Municipal Committees during By-Elections-2020.
––––––
Whereas, Section 12 (I) of the Jammu and Kashmir Municipal Corporation Act, 2000 and Section 19 (1) of the Jammu and Kashmir Municipal Act, 2000 envisage filling of vacant seats in Municipal Corporations and Municipal Councils/Committees respectively, whenever such vacancies occur ;
2 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, Chief Electoral Officer, after necessary preparatory works in this regard, has announced the schedule of election to vacant seats in Urban Local Bodies in the UT of Jammu and Kashmir, to be conducted in eight phases starting from 28th November, 2020 to 19th December, 2020 ;
Whereas, in response to 236 vacant seats notified in the eight phases of Municipal By-Election, valid nominations were received only for 204 seats and no nomination was received for 32 seats ;
Whereas, out of the 204 seats where valid nominations were received, only one nomination each was received in 71 seats, out of which one candidate withdrew his nomination and the results were returned unopposed by the respective Returning Officers in all other cases ;
Whereas, contest took place for the remaining 133 seats in different phases and the counting of votes was done on 22nd December, 2020 and 133 candidates were declared elected by the respective Returning Officers after following due process.
Now, therefore, in exercise of powers conferred under Section 13 of the Jammu and Kashmir Municipal Corporation Act, 2000 and Section 27 (2) of the Jammu and Kashmir Municipal Act, 2000, the Chief
Electoral Officer, Jammu and Kashmir, hereby notifies the list of duly elected members to the vacant seats of the Municipal Corporations, Municipal Councils and Municipal Committees as Annexures to this notification.
(Sd.) HIRDESH KUMAR, IAS,
Chief Electoral Officer, UT of Jammu and Kashmir.
–––––
Published for General Information.
(Sd.) ANIL SALGOTRA, KAS,
Joint Chief Electoral Officer, UT of J&K, Jammu.
––––– No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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c n u o C B 12 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C H No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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c n u o C G 14 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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a g d u B 18 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o o d a h C No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o o d a h C 20 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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M 22 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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w A 26 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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c n u o C K 34 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C A No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 39 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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r e e S 42 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C D No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 43 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C Q M
o C Q M
o C Q M
o C Q 44 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C A No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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c n u o C A M
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c n u o C A 46 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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o C K No. 39-1] The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. 47 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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c n u o C R 52 The J&K Govt. Gazette, 29th Dec., 2020/8th Pausa, 1942. [No. 39-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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